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HomeMy WebLinkAboutMiscellaneous - 575 OSGOOD STREET pORTty y O ,z�ao bgti �o x - 9SStCHUS CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street,North Andover At the January 13, 2010 public hearing the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1398. The Modification shall conform to the plans and documents referenced below. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Plans: Installation Guide for ScourStop transition mats with vegetation Provided by Mike Capachietti of Christiansen&Sergi,Inc. Email dated:January 13, 2010 To be used as replacement for rip-rap at detention pond inlets per email request of David Mermelstein, Senior Project Manager Trident Group Dated:January 6,2010 Approved Modifications •:• ScourStop product to be installed according to installation guide referenced herein. Rip-rap shall be removed from the detention pond inlets prior to the ScourStop installation. ❖ Applicant shall coordinate installation of ScourStop product with cleaning and planting of detention ponds after all work on the Edgewood site is permanently stabilized. ❖ A preconstruction meeting shall be held prior to the start of work and preconstruction inspection shall be done on uP completion. letion. 4- All dewatering of the detention ponds shall b • g p e conducted.as required in the approved OOC and monitored by the designated Erosion Control Monitor. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townoftiorthandover.com/Pages/NAndoveriMA-Conservation/index r10R7ly O .{Leo �6'9ti OO !O A [O[N1CMM'KN ��SSACHUsti��� , CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: S— as a Modification to the Order of Conditions issued in File 242-/3 RP dated,-4js/oe and recorded in Book#///P d and page as y Issued by the NORTH ANDOVER CONSERVATION COMMISSION: t On this /9th of Tq -2old before me personally appeared John Mabon to me day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 'L". W— Notary Public DONNAi E Norm PUBLIC ' UI DWA VOMBSAOMISEM V40WM E*=J*15,2018 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Page 1 of 2 Hughes, Jennifer From: dmermelstsin [dmermelstein r@tridentgrpxom) Sent: Wednesday,January 06,2010 3:34 PM To: Hughes, Jennifer Cc: Mkec@christiansensergi.com;tremblaykevin@edgewoodre.com; Gaffney,Heidi Subject: Edgewood conservation modifications Follow Up Flag: Follow up Due By: Wednesday,January 06,2010 3:00 PM Flag Status: flagged Jennifer; As verbally discussed in the past and as noted in my last email, Please use this note as a formal request to place the Edgewood retirement community on the agenda for he Januraryl3th,Conservation Hearing to review the following. Additions to the O&M Plan • The Mowing of the field located behind the new Caroline Stevens Village homes, t should be noted that this is the first or second field was not maintained do to the construction/ expansion of the community « Mowing of the field that surrounds the Deacon John Osgood house to the right of the community entrance « Removal of the bittersweet that surrounds the crab apple tree in front of the horse barn « Refurbishment of the horse paddock and fencing that sits between the two barns « Maintenance of the drainage Swale that runs from 1/2 mile to the culvert at the comer of Amelia way and Edgewood drive Modifications: « Reduction of Monitoring to once a month now that much of the project has sod installed and the frost has set in « The replace of rip rap in the pond with a suitable fabric « Additional community entrance sign should this request to be able to be acted upon admin . Barn entrance drive-during the restoration of the barn and the construction of the Amelia way the asphalt/gravel drives that lead up to the the Horse and Square Barn had been removed Edgewood`s plan is to reinstall a pavers or coble . Patios for the Milk Barn « Access to half mile hill « Review of plans Jenn, I'd like to schedule a time to meet and the above noted items and any other items that you think I may have missed 1/19/2010 Hughes, Jennifer From: Mike Capachietti [mikecQcsi-engr.com] Sent: Wednesday,January 13,2010 8:50 AM To: Hughes, Jennifer Subject: Proposed Rip Rap Replacement at Edgewood Attachments: Install Guide.Erosion Tech 041107.pdf Install ide.Erosion Tech 04: Jenn, Attached is the brochure for the matting material proposed to replace the rip rap in the pond that you and Dave have discussed. Thank you, Mike 1 ScourStop'M transition mats combine with vegetation At a Glance to mechanically protect the soil from erosion. 1. As with most BMPs, proper installation is The first step in the installation process is determining what soil environment you critical to the effectiveness have to start,and what you want to end up with. Is the location dry and of the product. manageable;wet on top, but stable underneath;saturated with no'bottom' in 2. Proper installation begins sight;or hard, compacted clay? Whatever the conditions,and no matter how it with preparing the area was designed in CAD with the best of intentions,this long term structure must downstream of the outlet. endure the test of time and water forces. Additionally,as a post-construction 3. Create an area as wide and Stormwater Treatment Practice (STP),the entire water conveyance must be level as possible enabling stable and protecting soil from erosion the entire distance to receiving waters runoff to dilute its (or offsite). concentration through the expansion process. The goal is a non-erosive water velocity and a stable conveyance system. ! " t Unrestricted ExMnsion -Reduce vri=ity water cancrmb7tim t �Y OUSOV Sc -StOPN I e # rev.4.07 Post-construction Stormwater Treatment Practice (STP) NPDES EPA regulations require long term inspection and maintenance of stormwater runoff structural controls. Structural controls are discharge outfalls, detention ponds, in-line treatment devices,etc. Two stormwater system options: 3 " A vegetated STP is the primary option: The system from discharge point of a permanent structure to the receiving waters is now considered a Stormwater Treatment Practice. It must be designed and then constructed to be effective in both treatment and conveyance of stormwater. Treatment filtering pollutants from the runoff, and re-charging groundwater through infiltration. Conveyance through preventing erosion and the loss of sediment. -°- T he installer has a tremendous responsibility to build this system . . properly, including offering suggestions for better effectiveness to the designer once installation actually starts. The installer must recognize the project is literally a living and changing system unlike most physical structures in construction. Erosion is a tremendous force and small installation deficiencies a can cause major problems in a short period-even one rain event! �. ..� The installer checklist is meant to structure the installation as much as possible a _.. but acknowledge the inherent variances working with the soil and natural 71 conditions, but also to record what was built so any future problems may be W analyzed and repaired properly. If the installer looks at the project as a system acs: of interacting parts,rather than separate components,success is more likely. ScourStop'is generally designed to be vegetated. Create a soil base to support and nurture vegetation, and minimize conditions that restrict healthy vegetation. scourstop- z rev.4.07 POP— An unvegetated STP is the second option: 1 Generally, a constant wet condition, such as a stream bed condition—where larger I Mor } particles of sediment materials will � constantly be accumulating and moving around. 2 Or and areas—where vegetation may take years to fill in, or may never quite fill in, and � . . will also accumulate and change with ., sedimentation. x' w ' • Solution: In these conditions, utilize a combination high performance turf- reinforcement mat(TRM) and ScourStopT1. Stacking transition mats at scour area outlets : 48", 100 cfs, or t'! 20 fps improves performance. In a non-vegetated application or semi-arid environment, install ScourStop'"over a high-performance TRM (HP-TRM) or a non-woven 6-12 ounce geo-textile. These fabrics hold the underlying soil particles in place and protect the soil surface from flow energy. The transition mat protects the scour area,and enables sediment and small cobble to fill-in,accumulate, and migrate within the ScourStopm physical structure,further protecting the underlying soil. The unvegetated HP-TRM /ScourStop'"combination is proven at flows of 12 fps from a pipe outlet,and 14 fps when the ScourStop' a .. was doubled up at the scour area—doubling . .„ the capacity of the HP-TRM. Geo-textiles under ScourStop' are proven to 20 fps and 8 pounds of shear resistance in flume testing: applications would be culverts>48 inches diameter,streambed restoration, and semi-arid environments. scoursto rev.4.07 If the downstream water conveyance is relatively flat,you may need to determine that standing water is a possibility, whether or not that is situation is acceptable, and how to best deal with it. One popular option is installing a 'french drain' structure to take low flows off of the surface, allowing the vegetation and soil structure to 'firm up' and stabilize. In extremely saturated soils with no foreseeable'bottom', it may be possible to install ScourStop"and HP-TRM without excavating the saturated soils. Pepe or MW--------------- , t o rev.4.07 Grady. Oischorgr Arco Flat xnd Level At a Glance 4. Remove saturated soils or hard clods of soil, and The soil surface should be relatively smooth and level across the width of the replace with fertile, conveyance to inhibit storm water from concentrating and forming an erosive rill workable soil. S. Till the soil to create a which would destroy the installation over time. consistent, manageable The mats are semi- texture. Do not fill in low areas with dry, loose soil Propeq Installed rigid and should lay which is easily eroded. over the smoothsurface of soil such Compact the toil to a'firm' ,_. fJY5lti that they have a status conducive to a fairly consistent proper seedbed. 6. Level the discharge area to FiTm,oanBlsteal wnlact with a contact with the soil la&s than or underlying a fairly smooth surface to materials,such as minimize the potential for TRM or sod. water concentrating in a single area. Excavate any'high areas'and fill in shallow areas with workable soil that can be 7. Grade the soil height so that the final elevation 'slightly compacted'to create a consistent soil bed. height of all products to be used is level with the floor of the discharge outlet. Not Fed ncrriS Pipe or Outlet "M 00.fto M lip 104 scourstOP- a low rev.4.07 At a Glance 8. Grade the discharge channel as long, level, and wide as possible. wimp 9. 'Softly' round the grade to the side slopes. Length of downstream channel is the next consideration. How much area is 10.Avoid abrupt changes in available? Stormwater needs to be moving slower and over a greater area for water flow surfaces. erosion prevention,filtration, and infiltration. Elevation change from outlet to receiving Caltuiate DbW1ttUeAtft ROW Velbekbeii and V u . water is the second consideration. tea# The optimal option would be a enough distance to drop the elevation at a rate g enough to adequately control the potential No m r l'"' 4%, erosive factors,while allowin h N�,� n for Naxiretin sand g Than % Rime,Peauunt distance to let the stormwater move slow) f' un.arra Vaiaci i .:tiv g Y duct n through vegetation for filtration and infiltration to occur. see construction details in specifications. A third related component is width of channel-the more area width you have, the slower the water will flow,the lower the erosive velocities,and the greater Preferred Design the filtration and infiltration. • Long,flat,and wide as possible. • Scour area:maximum slope 10:1. In most new construction continuous low flows should not be a factor,but in • Downstream channel: as much slope retrofits, it may well be. Continuous flows and saturated soils are not conducive length at 4:100 as possible. to stable soil and resisting highly erosive forces. Action: install french drain. • Discharge into receiving waters See details. at about the same elevation, avoiding lateral water forces on your ScourStop"' is a primary component in protecting the scour area immediately drop down structure. downstream from the outlet I outfall,and promotes the use of vegetation as a no maintenance Stormwater Treatment Practice. A properly designed and installed conveyance system should provide years of useful service without expensive annual inspections and potential maintenance. * ' s5 � •Redmm Velocity +°4uGa�&Ltirxtwr G�r1Ca�iftra11gf1 ,�.a/'r' trr rf?r�P �`•.,�+� �+*c-urs ism/V (D qft" 4W rev.4.07 4 aeaur5tap Loose, dry soil will not compact and may'shrink'when wet, causing a depression or potential area for erosion to start. Remove saturated soils, hard clods, and areas of poor soil. Not Propedy Installed Replace with soil that is fertile for vegetation growth and workable for creating the structure and shape required. p A The top of the ScourStop'' should be level or slightly lower than the top of the discharge surface. Therefore the height of the grade should be calculated by subtracting for all of the materials to be iN+;116ad, For instance, subtract 7 inches for sod, V2 inch for i most TRMs, and 1/2 inch for the transition mat,which all add up to 3 inches below the top of the discharge surface (edge). Sod and ScourStop'alone would require a 2.5 inch excavation for final grade. Where the channel sides are formed,grade as flat and rounded as possible. Again, ScourStop' mats are semi- rigid and abrupt changes in grade should be avoided in order to maintain a consistent contact with the surface. >g sr rev.4.07 •fi ;OPPW Unrestricted Expans�am „ Reduces Velocity W;L*QrCanrAntraunvi The bottom width of the formed channel should always be at least as wide as the outlet. In a pipe situation, a bottom width of 5 times the diameter is recommended,with a minimum of 3 times the diameter. In a parking lot outlet situation, double the width would be recommended. u Preferred J F Grade the slope away from the outlet as flat as possible, and grade for the largest width reasonable. Scouring and erosion is possible wherever a flow [ encounters a change in slope at May Wai!d R,dkii?U4mki!Sr-cvurSWp outfall and toe of slope. The more st cmnge ki.stoke extreme the change in slope,the more erosion potential of the channel. Goal:4% slope as much as possible, but no slope in conveyance system > 10%. See specification details. test to Ito tv� S N �../ rev.4.07 i a Headcutting -the process of soil erosion downstream working itself upstream as a rill or gully- is usually caused by a significant change in elevation, inadequate soil protection for the length of the slope, and increasing velocity especially at the toe of the slope. See specification details. f3 Avoid both impact and waterfall be Not Ct"te WPM&OW00 impact erosion. Amid" 1l'" Irnpact NO Gr ler Than 25 Ch-go C urst - rev.4.07 7!q At a Glance 11.Install the sod pieces WIMP perpendicular to the flow,and fit the pieces ScourStop'M MUST BE USED with other 'soil cover' BMPs. snuggly together. Install sod up the sides of the ScourStop' must be used with another BMP'cover'to protect soil particles channel to half the height from the erosive forces of moving water. Some BMP'covers' include:sod, turf of the outlet, and at least reinforcement mats (TRMs),composite TRMs, geotextiles, possibly erosion twice the distance of the control blankets (ECBs) in limited applications,and combinations thereof. transition mat installation. 12.If installing a TRM over Sod eliminates the risks of seed washing away prior to germination, poorly the sod, mow or trim the germinating,or thinly vegetating the area. Sod is the fastest means for sod grass stems to less vegetative cover because it is ready-made with near surface root mat and than 2 inches, remove good surface cover foliage.Sod often needs irrigation maintenance during the the trimmings. rooting down stage,and should not be allowed to go dormant during the first 13.If installing a TRM season. Sod will carry a significant velocity without added support of turf perpendicular to the flow, reinforcement mats,so it can be used downstream of the transition mats after shingle the lagging edge the shear has dissipated. over the next leading edge in a stair step fashion. Or if the turf reinforcement mats are to be parallel to the flow,lay a mat down the center of the channel, and Height of vegetation deemses velocity., espetially cin tow then install the adjacent mat under the side edge of the center mat. Do not use check slots—use rows of staples or 12"strips at ScourStop.m _ 4 t a.a.yrws«-ere rev.4.07 • i i ' StayTurf' is a reinforced-sod product as a great option. It has been tested at 12 pounds per sq.ft.shear strength and many of the benefits of TRM reinforced applications. Install sod up the sides of the channel at least half the height of the outlet, and at least twice the distance downstream of the ScourStop' installation. Protect the entire channel -water conveyance-to the receiving waters. All leading edges of uncovered sod should be stapled about 4 inches downstream of the edge, laterally 8-12 inches apart,and randomly throughout the sod piece. If sod is utilized under ScourStop',stapling the sod under the ScourStop' is not necessary, and staples used for TRMs may replace some sod stapling requirements. q r � SCOurstop 11 rev.4.07 Turf Reinforcement Mats —What, Why, and When ` A dense grass cover provides one of the best _ defenses against soil erosion, provided the 3 velocity of water flowing over the surface is not t f'7 { of sufficient duration and intensity to degrade rade the vegetative cover. Z'u. If there is a risk of degradation,the vegetation k must be reinforced by turf reinforcement mats (TRMs) and mechanically anchored to the soil. A turf reinforcement mat consists of various UV-stabilized synthetic fibers and filaments processed into permanent, high-strength, r three-dimensional matrices that reinforce either w the stems or roots of vegetation. IF � I } - This three-dimensional mat functions as an open, stable matrix forhef n t entanglement o la t roots stems, and soil,which together form a coherent, living matrix. They are designed for permanent = a h and critical hydraulic applications such as drainage channels where expected discharges ,- result in velocities and tractive shear stresses that �f exceed the limits of mature, natural vegetation. With any mat, it is essential to minimize seepage flow between the mesh and ground surface. The flexibility of the mesh and the method of installation must be adequate to avoid bridging between the mesh and soil. TRMs can not resist the high shear forces and scour below a storm water outlet,thus requiring ScourStop"transition mats. scourstop- rev.4.07 77 $ , N Tenting Open-weave TRMs (non-composite) can be installed over sod, and the grass stems will grow through the TRM. The sod should be trimmed less than 2 inches if possible, and the trimmings removed. In WroW 9rtstalt3on fact, if possible, it is easier if you mow it to the shorter length at the sod farm prior to its cutting. Use at least double, and possibly triple,the manufacturer's recommend staple rate when installing TRMs over sod. The vegetation is much denser and will'tent'extensively—causing blanket failure,erosion, and mowing problems if not Be adequately stapled to the ground. Plan on a return trip in 7-10 days to over-staple areas and/or roll the TRM down. Gomm- as s zfbMo scourstar 11 13 rev.4.07 • • 1 1 ' With ScourStop"and a composite TRM over bare soil, use a quick germinating annual seed and phosphate fertilizer to help vegetate the area as quickly as possible. Once a rill starts,any installation is at high risk for failure. We highly recommend irrigating the annual seed every 3-4 days to promote a quick and thick vegetative growth. Stabilizing the soil with vegetation is extremely important. (TRMs are tested under a fully vegetated condition and anything less 4_. than full vegetation creates a high risk scenario for erosion under the TRM.] Use a higher than recommended rate of native and/or permanent seed mix to follow through with the annual grass. And again,follow-up with maintenance irrigation u until the permanent seed is established. We suggest IN - native marsh seeds for wet soils,or as an alternative, consideration of plugs for faster dense vegetation. sc st W 14 . scourstopo rev.4.07 B • ® B Composite TRMs A combination of synthetic and bio-degradable materials in a three-dimensional mat may be quite effective in the Type C installation mode. However, Level site low floaaa_"type C because they have a bio-degradable feature,composites : Campmile rRWs arm acceptable should be used in non-arid regions where rainfall is adequate to sustain vegetation (which protects the soil after the bio-degradable fibers are gone). Y , K High Performance Turf Reinforcement Mats By definition,turf reinforcement mats are permanent structures utilizing materials that do not bio-degrade. Only high-performance TRMs were tested for effectiveness under ScourStop'at Colorado State University. Colorado State's design parameters require the use of TRMs with a minimum unvegetated rating of 5.5 feet per second flow for Type D — installationsoften anon-vegetated application. 5. scs L o 15 rev.4.07 in The definition of a turf reinforcement mat r, by The Erosion Control Technology Council f . (ECTC) states that a TRM is, "A long term a non-degradable RECP composed of UV " - stabilized, non-degradable, synthetic fibers, nettings and/or filaments processed into three dimensional reinforcement matrices designed for permanent..." Use high performance TRMs under ScourSto " where outlet velocities up to 12 feet per second are anticipated,or tiE�n in and areas where full vegetation may take years. w f ' O� : rr Sod over HP TRM i scour st 1� rev.4.07 At a Glance 14.Lay the ScourStop" mats over the designated area, centering the mat layout with the discharge point, and parallel to Kua. i[nr€stt Usi ts4 the flow direction. 15.As the mats are semi-rigid, Aim,•.,;p-�01 w?4.t. anchors may be located in AdoC1, , regions' or'centers of regions' " rKnY W W.W; of the mat, rather than directly in "' TIr Ir * + .of 4wanc-SO the corners and on the edges. In Y other words, an anchor could be located 6-8 inches in from an edge, yet still firmly hold down that same edge. The objective is p StlAd� 0 9�t 6+R aFv tpiA 8 `' c to have the mat flush with the tm ',' surface, and minimal 'gaps' between the surface and the mat, Ir Vra� ,tole k°` where water could concentrate . . r. and cause erosion. 16.Install at least 5 anchors per sheet " o ,+, of transition mat, in a 3 —2Ow4u - configuration, plus downstream 3 *WN s � �l=r r ,r rr �• re " � anchors also anchoring the , leading edge of the next mat. + Z Use more anchors if necessary to insure a flush installation (proper grade preparation should HP TRM application. Pipes>36". minimize this need). Possibly stand on different regions of the mat before anchoring to determine where the anchors would be best located to minimize the need for extra anchors. .� 17.Transition mats doubled up in the immediate scour area of 36+ inch discharge pipes have shown added protection. scourstoz7 "` rev.4.07 At a Glance 18.Thread the plastic cable through the arrow as indicated. Do not cut the cable from the spool until y � , you have achieved your anchoring depths . 19.Drive the anchors at least 8 inches deep in firm soil, u or as deep as necessary in . � wet soils to achieve effective anchoring. r. 20.Cut the cable about 6 inches above the transition mat. 21.Install the plastic washer over the cable, and then add the one-way stop over the washer. Pull the cable backwards to 'set' it in the soil while pushing down on the one-way stop. This will create a 'snug' fit of the transition mat with the ground. iWW WOO 40* scourstopu w 1fi rev.4.07 • e A A • t Start by threading the plastic cable through the slots in the anchor. Do not cut the cable from the spool until you-have achieved anchoring depth and'set'the cable by pulling back on it. insert the driver into the anchor and both into the desired ScourStop"hole. Drive the anchor atleast 12 inches deep, or as deep as needed to set it into firm soil. Pull the driver out of the hole,and then'set'the .j anchor by pulling back firmly on the cable - f lead. Cut the cable approximately 6 inches above the ScourStop'mat so that you have enough material to re-pull the cable. After it ---- is cut, install a plastic washer over the cable tail,and then add the one-way stop with the flat side down so it will lock the installation down. In a simultaneous operation,pull back on the cable lead while pushing down on the one-way stop. This should create a'snug'fit with the transition mat against the ground. Attempt t `snug' down any area where there is a significant gap 4- between the ground and mat. sR t 19 rev.4.07 TYPE A Each installation type solves a certain problem or maximizes performance by enhancing the installation parameters. Type A—up to 21 fps and slopes < 4%—ScourStop"protected sod in the scour area eliminates seeding risks and provides aesthetic benefits TYPE B immediately. General applications would be parking lot discharges and storm pipe up to 60 inches in diameter. .. ,. a .i Type B —up to 21 fps and slopes > 4%—ScourStop" sod and an open- weave Turf Reinforcement Mat provides for higher velocities and shear forces. The sod eliminates poor germination risks and provides a fully vegetated TRM within a couple of weeks. TRMs are tested and rated at a fully vegetated condition. Type C—up to 12 fps, level, low volume applications—ScourStop� and a TRM combination (composite may be acceptable)for areas where sod is not feasible. The area should be fairly level. Utilize a fast TYPE C germinating seed to stabilize the soil as soon as possible, and a native y or permanent seed for permanent vegetation. Irrigate the seedbed, if possible,to improve germination and minimize the risk of washout prior to vegetation. Type D—up to 16 fps--ScourStop'M and a high performance TRM (minimum 5.5 fps unvegetated rating)combination used where quick vegetation is unlikely,you desire a temporary installation -such as in the construction phase,or in a saturated soil/gravel type streambed area where sedimentation is more likely than vegetation. TYPE D Unvegetated TRMs downstream of transition mats should be stapled down at twice the manufacturers' recommended rate because velocities may still be higher than the TRMs' unvegetated rating. +w.TcL.! w .T 20 rev.4.07 F V&ORTfl O`416lD µ6s.`.O 6 Q �+ 'A SsACHUSE� CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the January 13,2010 public hearing the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1398. The Modification shall conform to the plans and documents referenced below. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Plans: Section V: Operation and Maintenance Plan Date: February 1,2008 Revised:January 13,2010 Approved Modifications ❖ Annual mowing and maintenance of the field adjacent to the B-Series wetlands between August 1"and September 30`h ❖ Annual mowing and maintenance of the field surrounding the Deacon John Osgood house between August 1'and September 30`h. *:• Maintenance of invasive plants (oriental bittersweet) outside the horse barn within and adjacent to wetland resource area. Bittersweet plants to be cut and stumps painted with a glycosphate herbicide to prevent re-growth. The root system of the plant shall remain in place.All cut vegetation shall be bagged or burned to prevent seed dispersal. ❖ Annual maintenance of the drainage swale that includes Wetland Series D through J. Maintenance to include yearly mowing,vegetation removal, sediment and debris removal,and re-seeding as necessary. Work pertaining to the refurbishment of the existing horse paddock and fencing between the horse barn and square barn was not approved as part of this modification request. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA Conservation/index . NORry q O At�.EC ,s ? .6 O0 O T A COCMICAI�N MNCN 47 T Arapr �SSAC HUS��� CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: d�ffZ w ?'Goir�i �Ui -7�c_ �-7 S T- ��2�-/� as a Modification to the Order of Conditions issued in File 242- 13 9 p dated 'ahayg,&and recorded in Book#1//P6 and page cM� r/ Issu by the NORTH`ANDOVER CONSERVATION COMMISSION: On this / ` of J t a o 16 before me personally appeared John Mabon to me day mon h/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public DONNA K WMW ROMP wade - COMMaMMlCAL1N OF K48VZWJSERS �g►canrn. ,�,y ts,2m8 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com ttORTll O�4t6ee ib'ti0 F p C CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the June 10,2009 public hearing the North Andover Conservation Commission (NACC) voted to issue a minor modification to DEP# 242-1398. The Modification shall conform to the plans and documents referenced below. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Plans: Exhibit Plan, Edgewood Retirement Community in North Andover, MA Prepared by: Marchionda&Associates,L.P. Date: March 3,2009 Site Plan: Milk Barn Site Plan,Edgewood Retirement Community in North Andover,Massachusetts Prepared by: Christiansen&Sergi Date: May 20, 2009 Revised:June 18,2009 Other Record Documents: Letter from Lisa Eggleston of Eggleston Environmental RE: Edgewood Retirement Community, 575 Osgood St. Proposed Drainage Modifications Dated:June 10,2009 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/N<-�ndoverNLN—Conservation/index Approved Modifications ❖ Raze and rebuild "Milk Barn"in accordance with the above referenced plan. Modification to include 846 s.f increase in impervious area to be mitigated by the use of porous pavement and roof infiltrators as noted on referenced plan. ❖ Installation of foundation drain for unit G3,otherwise known as 21 Caroline Way. Mitigation for disturbance of 25-foot No-Disturb Zone to include Buffer Zone Planting as indicated on herein referenced plans. 1600 Osgood Street,Building 20,Suite 2-36,North Landover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index VtORTH �0 OArgo ; ��SSACHUS��� CONSERVATION DEPARTMENT fommunity Development Division Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept Applicant: d� 1ijoad Rerf�eemeAr S-7-<- S-� � �folo d sf2� !d -h eye , n7.4 &7-P Ond 1ld i f , rp (I o rd (I oi jAi 1ri n ri t-1 M !4-,'(Io-h2 as a Modification to the Order of Conditions issued in File 242- 1,3 cY P dated a h s�d.P and recorded in Book# ZLL?Q and page gg Issued by the NORTH ANDOVER CONSERVATION COMMISSION: To 1,14)IQ6 On this 23 of Xwe- edea 9 e me personally appeared John Mabon to me day month/yr known to be the person described in and who executed the forgoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public DONNA - NOTARY PU !C j COMMONWEALTH Of N.ASSAC,'USETTS t My Comm.Expires Aug.i,2009 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman Richard J.Byers,Esq.Clerk J t po�rN a.� �y Joseph D.LaGrasse 3a *e`` •°tiooL u'. 1`¢l y 210 ����� r Richard M.Vaillancourt F p Associate Members * ,� Thomas D.Ippolito a ' Daniel S.Braese,Esq. Z1p+OA4Teo����`- Michael P.Liporto SSACMUS Town Clerk Time-SUmp Minor Modification to Notice of Decision Year 2007 Decision Address: 575 Osgood Street AME: Edgewood Retirement Communi ,Inc., MODMCATION DATE: April 14s 2009 DRESS: 575 Osgood Street, PETITION: 2007-022 North Andover,MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,April 14,2009,at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA upon the application of Edgewood Retirement Community,be.,575 Osgood Street(Map 36,Parcel 3),North Andover,MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community,Inc.is requesting that the December 18,2007 Special Permit granted under Section 9,Paragraph 9.1 in order to alter/rehabilitate the pre- existing,non-conforming mills barn,within the 100'Continuing Care Retirement Center setback,for residential use to be modified in order to raze/construct a 2-unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P. Manzi,III,and Richard M Vaillancourt The following non-voting members were present: Thomas D.Ippolito, Daniel S.Braese,and Michael P.Liporto. Upon a motion by Richard J.Byers and 2n'by Ellen P.McIntyre,the Board found that the request to replace the words"alter/rehabilitate the pre-existing,non-conforming milk barn,within the 100'Continuing Care Retirement Center setback,for residential use"with the words"razUconstrtict a 2-unit residential structure"is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Mani III,and Richard M.Vaillancourt. Upon a motion by Ellen P.McIntyre and 2°d by Joseph D.LaGrasse,the Board voted to GRANT Edgewood Retirement Community,Inc.'s request to replace the words"alteththabilitate the pre-existing,non-informing milk barn,within the 100'Continuing Care Retirement Center setback,for residential use with the words "raze/construct"in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter("CONDITIONS"); Page I of 3 l 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P,Manzi 111,Esq.Chairman Ellen P.McIntyre,Vice-Chairman VkORTH o 4 Richard J.Byers,Esq. Clerk 1 1`1 ,4.C,1LC) .. 1Y 20 Afe 11 11: Joseph D.LaGrasse 0, Richard M.Vaillancourt 0 0 Associate Members Thomas D.Ippolito Daniel S.Braese,Esq. MASS'- Michael P.Li CHU Town Clerk Time Stamp CONDITIONS 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto,the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the TruMees of Reservations,North Andover Historic Commission,or another duly eligible rec4Av:4 affiaoric Preservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3;said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years;with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction(recorded with the Registry of Deeds),and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department,this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure,and cooperate with,the Town of North Andover by and through its Board of Selectmen,the North Andover Historic Commission,the Massachusetts Historical Commission, and the Board of Appeals,and the aforementioned Eligible Recipient,in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House(as described in the aforementioned paragraph)in perpetuity,or for as long as allowed by law. a)The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s)and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall find: 1)The terms and conditions contained within this Modification Decision have been conclusively satisfied;Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one(1)year from the date of issue of this Modified Decision,unless extended by the Board of Appeals b)Failure of the Petitioner to satisfy the terms and conditions of and for this Modified Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public heating whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18,2007 shall remain in full force and effect. c)As and when all of the signatories to the Confirmatory Preservation Restriction,including but not the limited to the Massachusetts Historical Commission,reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction,as evidenced by the document(s)itself,the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian,the Town of North Andover,and the Board of Appeals;and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementioned public hearing that the conditions as set forth herein have been fully satisfied. Page 2 of 3 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-698-9541 Fax-978-688-9542 Web-www.townofnordwidover.com t Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-Chairman NORTH Richard J.Byers,Esq.Clerk pE q,l, e y o Joseph D.LaGrasse16., opt6i I del a a Richard M.Vaillancourt F A Associate Members n Thomas D.Ippolito Daniel S.Braese,Esq. �,9 q�wwTeo•'P,�4`� f�o- �� .! "; ' Michael P.Liporto SSACTown Clerk Tune Stamp Site: 575 Osgood Street Wap 36,Parcel 3),North Andover,MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover,MA.,Record owner &applicant,Edgewood Retirement Community,Inc.,c/o Marlene Rotering, 549 Osgood Street,No.Andover,MA. Date(&Revised Dates): 3/10/09 Registered Professional Land Michael J. Sergi,#33191,Christiansen&Sergi, 160 Summer St.Haverhill, Surveyor: MA.01830 Sheet/Drawing: Drawing No.06084 018 Building Plan Title: Edgewood Retirement Community,Milk Barn Proposed New Construction By: DSA: Dewing&Schmid Architects,30 Monument Square,Suite 200B, Concord,MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A.1.1,Milk Barn,Exterior Views A.0.1,#15&#17 Caroline Way, Proposed 1o`Floor Plan A.1.1,,#15&#17 Caroline Way,Proposed 2nd Floor Plan A.1.2,,#15&#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations,Edgewood Retirement Community,North Andover,MA,drawn for Edgewood Retirement Community, 575 Osgood Street,North Andover,Massachusetts 01845. Date(&Revised Dates): 4/14/09 Registered Professional Land Stephen M.Melesciuc,#39049,Marchionda&Assoc.,L.P.,62 Montvale Surveyor: Ave.,Suite 1,Stoneham,Ma.02180 Voting in favor: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi III,and Richard M Vaillancourt. Vcn erZoning B of AppealP.Manzi,III,Esq.,Chairman P.McIntyre,Vice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Richard M.Vaillancourt 2007-022. M36P3. Page 3 of 3 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com I �,,, �-= 2US SEP 2 5 All 110: McCARTER t1 ENGLISH 0FtT `„. ATTORNEYS AT LAW September 24, 2008 Town Clerk 120 Main Street North Andover, MA 01845 Re: Massachusetts Development Finance Agency Issue for the Benefit of Edqewood Retirement Community, Inc. Laurence Constable Dear Ladies and Gentlemen: Associate T.617.449.6519 Enclosed is a form of legal notice to be posted in connection with the above- F,617.607M16 referenced bond issuance. iconstable@mccarter.com As evidence of your office's receipt of and confirmation that this notice has been posted as of as of September 26, 2008, please date-stamp the enclosed McCacopies of this letter and notice and return the same to me in the enclosed self- 265 Franklin Street P addressed stamped envelope. 265 Fear�klin Street Roston,MA 02110 If you have any questions or concerns, please feel free to call me. T.617.449.6500 F.617.607.9200 Thank you. w”mccarter.com Very truly yours,, L V�4- Laurence Constable BOSTON Igc Enclosures HARTFORD NEW YORK NEWARK PHILADELPHIA STAMFORD WILMINGTON ME1 77349470 t Town of North Andover ZONING BOARD OF APPEALS Albert P.Manzi III,Esq.Chairman Ellen 11.McIntyre,Vice-Chairman Richard).Byers,Esq.Clerk eF tuao 4 q Joseph D.LaGrasse ? `.j r`eo .` eti� np ti �� ; a..; of 11 r$i�zr� t t 3 'd° U r.9 Richard M.Vaillancourt o 9 Associate Members Thomas D. Ippolito ��0 1e* y4•j t Daniel S.Braese,Esq. 3�"�RAT.Y►'`�b ii :< c , Michael 1'. onto Li P Towri Clerk Time Stamp North Andover,Board of Appeals Information is hereby given that the North Andover Zoning Board of Appeals will consider the request of Edgewood Retirement Community,Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover,MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre-existing, non-conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2-unit residential structure. The request will be heard in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 10 of April 2009 at 7:30 PM. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. North Andover Board of Appeals Albert P. Manzi, III, Chairman 2007-022. 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O.Nmm..�.fC kt? . r^J- 7m.w_ -4(D 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com : Town of North Ana ZONING BOARD OF Al r N o COMMUNITY DEVELOPMENT A 0 1600 Osgood Street,Bldg. 20, 7005 1820 0004 2834 9016 � A� North Andover,Massachusetts 01845 C G C=a Q HA'SL.ER CD CA 3 CD All ' � �• Q i Q m ND > w z a CD 0 0 Town of North Andover m 0 Q 120 Main Street L410k North Andover,MA 01845 h US POSTAGE 30194ASI,24--1131 3...+639 _..+ i1 ,. I � tAORTH 9 O ts�eo rb y OO r•A+Cey .� R PIN �SSACHUSE� .�w CONSERVATION DEPARTMENT `'f ' Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the March 25, 2009 public meeting the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1398. The Modification shall conform to the plans and documents referenced below (see additional modification voted March 11, 2009). Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Plans: Exhibit Plan, Edgewood Retirement Community in North Andover, MA Prepared by: Marchionda&Associates,L.P. Date: March 3,2009 Site Plan: Caroline Stevens'Village, Edgewood Retirement Community in North Andover,Massachusetts (Site Plan &Utility Plan, Sheets 1 and 2) Prepared by: Christiansen&Sergi Date: December 16, 2008 and revised February 20, 2009 Temporary Stockpile Plan,Edgewood Retirement Community in North Andover,Massachusetts (Sheet- SK) Prepared by: Christiansen&Sergi Date: March 24,2009 Buffer Zone Restoration Plan, Edgewood Retirement Community in North Andover,Massachusetts (Sheet- SK) Prepared by: Christiansen &Sergi Date: March 24,2009 II� 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/N_4ndover�NL�,_Conservation/index Approved Modifications ❖ Modification to grading plan for Area G (Caroline Way). ❖ Modification to allow soil stockpiles,with approved erosion controls,within the buffer zone to the delineated H and I Series wetland resource areas per the above referenced plan. ❖ Modification to allow re-grading of the buffer zone upgradient of the H and I Series delineated wetland resource areas per the above referenced plan. Modification to allow restoration of the buffer zone upgradient of the H and I Series delineated wetland resource areas per the above referenced plan. Final planting plan to be approved by the Conservation Administrator. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthaiidover.com/Pages/NA doverNLA,_Conservation/index tAORT 0 q(&.ED ,,x'94• x6 O O 'Qq COCMCMl CONSERVATION DEPARTMENT Community Development.Division A , Modification to Order of Conditions The NORTH ANDOVER CONSERVATION COMMISSION agreed to accept f- Applicant: `t; OF P� r, (P��*'- 'rYlMr `; Q as a Modification to the Order of Conditions issuelJ in File 242- i-2-If' dated and recorded in Book# &Zf6 and page 99 Issued by the NORTH ANDOVER CONSERVATION COMMISSION: t 'ti/, On this ='/ ofA l�ao9 before me personally appeared Scott Masse tome day month/yr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. 4""ate.. _7 jP .900 Notary Public y ommission fires E,% DC€�NA M.V4'EDGE NOTARY PU.� C ON'Ut'AITH 0� A JScTTS�y Comm.Expires Aq 7,2009 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 ' Web www.townofnorthandover.com Town of North Andover ZONING BOARD OF APPEALS -, p Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-Chairman Richard J.Byers,Esq.Clerk cf tuso q D.I,aGrasse t e�`���o �`V. "�0��'`. Joseph o� av9tA a J Richard M.Vaillancourt F Associate Members * ,� Thomas D.Ippolito Daniel S.Braese,Esq. Michael P.Liporto Ssa►CHU Town Clerk Time Stamp North Andover,Board of Appeals Information is hereby given that the North Andover Zoning Board of Appeals will consider the request of Edgewood Retirement Community,Inc.,575 Osgood Street(Map 36, Parcel 3),North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9,Paragraph 9.1 in order to alter/rehabilitate the pre-existing, non-conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2-unit residential structure. The request will be heard in the Meeting Room of Town Hall, 120 Main Street,North Andover, MA on Tuesday the 14`h of April 2009 at 7:30 PM. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36,North Andover,MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. North Andover Board of Appeals Albert P. Manzi, III, Chairman 2007-022. M36P3. 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com „ h f pORT#t q aro �t�en ,s*°BOO m =[vFn �sSJ+1C HUSEi CONSERVATION DEPA.RTMENT."g��'7; `+; .. .if"'.x 4t.1 4ir 11 Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the March 11, 2009 public hearing the North Andover Conservation Commission (NACC) voted to issue a minor modification to DEP#242-1398. The Modification shall conform to the plans and documents referenced below. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Plans: Exhibit Plan,Edgewood Retirement Community in North Andover, MA Prepared by:Marchionda&Associates,L.P. Date: March 3,2009 Site Plan: Caroline Stevens' Village,Edgewood Retirement Community in North Andover,Massachusetts (Site Plan& Utility Plan,Sheets 1 and 2) Prepared by: Christiansen&Sergi Date:December 16, 2008 and revised February 20,2009 Site Plan: Samuel Rogers'Village,Edgewood Retirement Community in North Andover,Massachusetts (Site Plan& Utility Plan, Sheets 1 and 2) Prepared by: Christiansen& Sergi Prepared by: Christiansen& Sergi Date: December 16,2008,revised January 30, 2009 and February 20, 2009 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://wv,-w.townofnorthandov er.coin/Pages/N_-�ndoverNL-�—Conserv ation/index r Approved Modifications ❖ Relocation of building footprints as shown on herein referenced plans for Areas G and H (otherwise known as Caroline Way and Samuel Drive) ❖ Modification to grading plan for Area H (Samuel Drive) ❖ Modification to grading plan for Area G (Caroline Way) not approved as part of this modification 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://-.cw-w,.townofnorthandover.com/Pages/N_AndoveriNL-�_Conservation/index z O K.�4ec �6,r Qy® y 1 sSACHttS� CONSERVATION DEPARTMENT Community Development.Division Modification to Order of Conditions The NORTH A DOVER C N,SERVATION COMMISSION agreed to accept Ap licant: 7 l l0 7"--- J4 Q 1�ta Or vA r bill J' 1JA A tTAav as Vodification to the Ord r of Conditions issued in File 242-13 dated 'and (P V recorded in Book# !f/fo and page ,2-1q Issued by the NORTH ANDOVER CONSERVATION COMMISSION: VA On this ! '�' of before me personally appeared Scott Masse to me day month/yr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public DONNA M.WEDGE I NOTARY PUBLIC I CDMMONWEALTHOFMASSACHUSETTS z My Camm.Exom Aug.7,2009 II _ -- 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fox 978.688.9542 Web www.townofnorthandover.com T , , n 4 DOMENIC J. SCALISE , Attorney at Law ' !` f ; 89 Main Street North Andover,MA 01845 Telephone(978) 6824153 t &, Fax (978) 794-2088 Email djs@djscalise.com March 12, 2009 North Andover Zoning Board of Appeals 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 RE: Edgewood Retirement Community, Inc. Dear Members of the Zoning Board: Concerning the above captioned matter, I enclose herewith a Request to Modify Special Permit in Petition 2007-022 which I would have you file with this case. I am also enclosing additional documentation in support of our request. Kindly schedule this matter for hearing at your regularly scheduled public hearing on Tuesday, April 14, 2009. Thanking you in advance for your assistance, I remain, Ve truly yours, Domeni . Scalise DJS/t Encl: (' r tl R 12 2009 �II� MA BOARD OF�APPEALS P t NORTH ANDOVER ZONING BOARD OF APPEALS EDGEWOOD RETIREMENT COMMUNITY, INC. Request to Modify Special Permit in Petition 2007-022 Background: On December 18, 2007 the ZBA voted to grant a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Barn, a pre-existing, non-conforming structure which lies within the 100' setback perimeter of the Continuing Care Retirement Center and voted to grant a Finding under Paragraph 9.1 and Section 13.5.D.1 that the proposed change, extension, or alteration of said pre-existing, non- confirming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood. The Board's Decision filed January 8, 2008 had one Condition, namely that Special Permit 2007-022 was contingent on the Planning Board granting its Special Permits and the approval of the ANR consolidating parcels 3, 17, 18 and 19 into 1 Continuing Care Retirement Center lot, and the issuance by the Conservation Commission of an Order of Conditions. All three Decisions were duly issued and recorded at the Registry of Deeds, thus satisfying the Condition. Origin of Original Petition: When the Petitioner began planning this project in 2006, Applicant had the Milk Barn reviewed by its architects, Dewey & Schmidt, who believed at the time that the Milk Barn could in fact be readily rehabilitated and altered from a barn formerly housing cows to a structure containing 2 residential units for use by the occupants of Edgewood's CCRC. The Applicant was already committed to rehabilitating 2 other barns (for continuing barn use, however), and the Applicant in good faith believed that the 100 plus year old Milk Barn could actually be successfully modified to accommodate the said 2 residential units. Basis of Request for Current Modification: In connection with Petitioner's efforts to go forward with this new phase of the Edgewood CCRC, Petitioner obtained all of its Approvals and Permits by 2008, and was able to successfully close on its Financing late in November, 2008. Petitioner's construction efforts were first concentrated on Site Work, so that residential construction could get under way before Winter conditions set in too firmly. In the Fall of 2008, it became possible for Petitioner to re-focus its attention onto the Milk Barn Rehabilitation Project, and began studying the Milk Barn in earnest. Unfortunately, with the additional passage of time, and the efforts taken to carefully investigate the current condition of the Milk Barn, it became painfully obvious that re-habbing the Milk Barn into residential structures intended to house the expected occupants (the average age at Edgewood is apparently 80 years of age), it proved extremely challenging if not close to impossible to make the original program of rehabilitation work. Petitioner engaged the Fillion Group, Inc. of Sharon, MA to investigate the structural condition of the Milk Barn, and Petitioner was presented with Fillion's January 22, 2009 Report which accompanies this Request for Modification. As noted on Page 4 in the Summary, "Because of deteriorated structure at the first floor exterior walls and change of height requirements to {14327\65499\A0194020.1 1 accommodate a code compliant design, they should be removed and replaced with a code conforming structure. Existing grade level concrete slab will have to be removed and replaced." Mr. Fillion goes on to state that "Given the above-described Level-3 work requirements under the new code, combined with the age and deterioration of the existing exterior building envelope, most of the exterior wood surfaces will have to be removed." Basically, practically nothing of the existing building is really salvageable, and in order to be compliant with the new, 7th addition State Building Code, the existing Milk Barn structure needs to be replaced. To that end, Petitioner began a close dialogue with the North Andover Historical Commission to inquire whether or not it might become possible to replace the existing Milk Barn structure with a similarly appearing barn-like structure. That dialogue has progressed to the point where a tentative resolution has been proposed and is seriously being considered by the Historical Commission; in fact, on the day that this Petition is being filed, the Historical Commission will hopefully conclude its review and issue a decision in support of allowing Petitioner to raze and remove the existing Milk Barn and replace it with a new code-compliant structure which will be similarly appearing and quite barn-like. (The Historical Commission had been scheduled to hear and vote on this matter at its March 2, 2009 meeting, but the snow storm that day caused it to be rescheduled to be 3/9/09 which was in turn cancelled due to yet another snow storm.) Basically, Petitioner has volunteered, and Historical Commission is quite in favor of Petitioner placing a perpetual Historic Restriction on a truly Historic gem, namely the Deacon John Osgood House which is located directly on Osgood Street at the entrance to the Edgewood Retirement Community (which of course is much more visible to the General Public than is the Milk Barn). This structure is an 18th Century structure which has been preserved throughout the centuries, and upon which Edgewood has recently spent considerable money restoring the exterior to a period- compliant appearance. As soon as Petitioner obtains the expected agreement and letter of support from the North Andover Historical Commission, the Applicant will cause the same to be filed with the Zoning Board of Appeals well prior to the April 14, 2009 hearing on this matter. EDGEWOOD RETIREMENT COMMUNITY, INC. By Its Attorney: Poop r A89 menic J. calise, Esq. Main reet North Andover, MA 01845 (978) 682-4153 114327\65499\A0194020.1} 2 �_ (Ctcr�jtti ? L Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Map Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 1&21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Michael Barrett 504 Osgood Street,North Andover,MA 01845 35 110 Town of North Andover 120 Main Street,North Andover,MA 01845 35 32&111 Douglas Keith 605 Osgood Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Thomas Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Asse sors ffice as of z: -o'4-0, - Certified by: Dater SCALE. 1 "», 2000' - , MAP j6 LOT f ASSESSORS REFERENCE FOR REGISTRY USE ONLY �'' OSGOOD ST. SEE PLAN #14951 MAP 36 PART OF LOT 17 * FOR BNRY / PARCEL ) LINES MAP 36 LOT 1 I 1 � ' PART OF PARCEL A i N/F. E10 + �A MARY F. CHARLESG� G1 C G1302 1976 TRUST . _ E9ORA G11 G1 -LOCUS � ---_{�'9G'CESS ROAD G2 Elm77NG ..., G3 G1 a ,S FOUNDATION G4GS � TO DISMANTLED "- G5 G7 HID SILO EXISTING 1 - �' ��f riHi a o//AT� , -- '' rE W,q y -- W,DE REMOVED AN .0v . J - �'S-� + REPLACED t3 J Tj� SEE NO TE 1. { i• I°A'OP A'AE,t3 7 CCC - S0• �'-J- J / ,A-. 1 CERTIFY THAT THIS PLAN CONFORMS LOCUS MAP � � E1�/jyC EXISTING �� ,,"�!� TO THE RULES AND REGULATIOA6 OF -4 IGIILK BARN TO BETHE REGISTER OF DEEDS. NORM ANDOVER ZONING �_ ���,� REMOVED AND REPLACED EX/ST/BARNIG 1; BOARD OF APPEALS , ,. SEE OT ` 1. TO RE RAZED ILIg � �� �' G• `1�' � AT SOA RD OF zo APPEALS PLAN . DATE: s ��, �'� �iNF- ,, LOCATED IN I orf'S.- TO E��RAz NORTH ANDD VER, MA. -ps 1ELY9RD OWNER & APPLICANT f. wPdlRPOSE OF THIS PLAN IS TO SHOW THE -�� �� "'�X AND "EXISTING DWELLING, PRE—EXISTING, EDGEWOOD NON CtINF?RMING STRUCTURES TO BE REMOVED AND I CERTIFY THAT THF PROPERTY LINES SHOWN ZONING DISTRICT REPLACED AS PART OF THE APPLICANT'S CONTINUING ARE THE LINES DIVIDING EXISTING OWNERSHIPS, E T I R E M E N T CARE RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. AND THE LINES OF STREETS AND WAYS SHOWN RESIDENTIAL DISTRICT 2 ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS MINIMUM AREA = 43,560 S.F. COMMUNITY, �,) THE WET LANDS WERE DEL/NEATED BY WETLANDS OR FOR NEW WAYS ARE SHOWN. MIN/MUM FRONTAGE = 150' INC1 l� (AUPREGUST 200 INC. 47 NEWTON ROAD, PLAISTOW, NH CHAPTER 41 SECTION 81X MINIMUM FRONT SETBACK = 30' CIO MARLENE ROTERING (AUGUST 2006) & (NOVEMBER 2006) 11 MINIMI s M/N/MUM SIDE SETBACK = 30' MINIMUM REAR SETBACK = 30' MICHAEL � 549 OSG©OD STREET, NO. ANDOVER, MA. ' �� NNNNArNNN,.NNNwr N.YrtiNh g SECTION 13.5 STANDARDS AND RESTRICTIONS , o SERGI d. DIMENSIONAL REQU/REMENTS SCALE. 1 = 40 DATE. 3/10109 R 0.3319 PERIMETER SETBACK = 100' 40 0 40 80 FT CHAEL J. SERGI P.L.S. A PROFESSIONAL ENGINEERS THE CERTIFICATION OWN ABOVE IS INTENDED TO MEET �HRiS TIA NSEN SERGI LAND SURVEYORS REGISTRATION REQUIREMENTS AND IS NOT A CERTIFICATION 160 SUMMER ST. HAVERHILL,MA. 01830 TEL. 978-373-0310 TO TITLE OR OWNERSHIP OF PROPERTY SHOWN.OWNERSHIP OF ADJOINING PROPERTIES ARE ACCORDING TO © 2009 BY CHRISTIANSEN & SERGI INC. ASSESSORS RECORDS DRAWING NO. 06084 018 s � i Mrs. Marlene Rotering Edgewood Retirement Center 575 Osgood Street North Andover. MA January 22. 2009 RE: Edgewood Retirement Center,North Andover, MA Subject: Cow Barn Change of Use Dear Marlene: At your request, I met with.David Mermelstein of Trident Project Advisors and Development Group to observe the condition of the existing Cow Barn structure. Destructive testing,testing of materials and explorations are not included in this scope of service,the comments presented in this report are based solely on visual observations. For reference, the orientation will be described as referenced on the Existing Cow Barn Elevations Drawing prepared by Dewing& Schmid Architects, Inc. y Proposed Renovation Introduction Mr. Mermelstein explained to me that you would like to convert the existing Cow Barn to garden stele apartments located at the second level with parking bays located at the ground floor level. New stairs and an elevator would be installed to gain legal access to the second floor apartments. Existing wood beams framed above the second floor level along the direction of the main ridge would have to be removed to facilitate the installation of a new ceiling for the apartments. Standard height ceilings are proposed for the apartment units,the high gable space above them would.not be used. The small machinery entrance located at the right side of the South elevation into be removed. Two Overhead Garage doors will be installed at the South Elevation and two will be installed at the North Elevation. Proposed Cow Barn Renovation 22 January 2009 Page 2 Existing Cow Barn Structure 4 feet by 40 feet 1 X60 square feet in area 8 ). The main.body of the barn is approximately � At the approximate mid-point of the East elevation is a 441 square foot ell (21 feet by 21 feet) and at the right side of the South Elevation is a 350 square foot one story machine entry shed. The height of the main barn from existing ground floor level is approximately 36 feet. The typical height from the ground floor slab to the underside of the second floor wood joists is approximately 7 feet 3 inches and to the underside of the second floor wood beams is approximately 6 feet 8 inches. These heights will vary up and down as the ground floor slab has high and low points. The ground floor slab was originally installed with slopes leading to troughs cast in it. The gable roof is framed with wood rafters that span from the ridge beam to an intermediate interior beam line to an exterior wall beam line. The ulterior and exterior beam lines are supported on wood columns that also support the second floor framing. The second floor is framed with wood floor joists supported by intermediate wood beams on the same grid of wood columns that support the roof beams. The exterior walls are framed with wood studs spaced between the main support columns. I was not able to observe the exterior wall construction at the first level as it is concealed. The roof. exterior walls and second floor are sheathed with wood boards. The first floor is constricted of a concrete slab on grade. As mentioned above,the slab surface has noticeable high and low points to accommodate positive flow toward the lower troughs cast in it. The foundation is constructed of field stone. Most of the foundation was concealed at the time of my visit. During my brief visit to the property, I observed the following areas that are of concern: • The 441 square foot El at the East elevation does not appear to be in sound condition. There is a noticeably deflection and or settling of the second floor joists. The North wall that supports the roof framing has noticeably deflected outward at its" top. • The timber beams approximately 6 feet 5 inches above the second floor framing have pulled away from the timber columns that they are mortised into. • There are several areas along the exterior wall at the first level that are unprotected and have deteriorated. • I observed a section of wall along the South Elevation where there is a space between the underside of the wood wall and the top of the stone foundation. A portion of the wood sill beam has deteriorated. • Based on the condition of the two items mentioned above,there is concern that other structural elements within the concealed walls may also have deteriorated. • I observed areas of rodent and bird activity within the structure where they have nested and have deposited fecal debris. Proposed Cow Barn Renovation 22 January 2009 Page 3 Proposed Renovation Considerations Because the existing Cow Barn structure is proposed to become apartments with parking bays, it would be considered a change of use. Compliance for the building structure shall be in accordance with the Seventh Edition of The State Building Code;specifically, 780 CMR 3408. Structural Requirements for Existing Buildings. Because of the scope of work to be performed in this change of use project, 780 CNIR 3408.4.3 classifies it as Level 2 Work. Work or change of use involving Pre-1975 buildings when rehabilitation or remodeling is accumulated over a floor area of the building of 50% of the total floor area of the building triggers the Level 2 Work requirement. Linder the provisions for Level 2 Work; the existing building would have to be designed for 2/3 of the wind load specified in 780 CMR 1609.0 and for 85% of the ground snow load required by 780 CMR 1608. It is apparent that a new lateral framing system of shear walls or braces would Dave to be implemented. When new shear walls and vertical frames provide more than 35% of the lateral force resistance required for Level 2 Work, the building shall be classified as Level 3 Work. For Level 3 Work, the building would have to be designed for the full wind load specified in Section 1609 and 35%of the seismic load specified in 780 CMR 1614.0 and 1615.0 with the seismic criteria of 780 CMR 1614.0, 1615.0. and 3408.1, with a minimum seismic base shear of.01 W. The lateral load requirements would lead to the requirement to provide a geotechnical report for the project describing sub-surface explorations and foundation design. Based on the above;this building would be classified as Level 3 Work. To facilitate finish ceiling height clearance requirements for the ground floor where garage bays are proposed, the existing second floor framing system would have to be raised. Once the height of the first level walls increases, all of the structural elements comprising them would have to-ineet the latest code requirements. Because of the known deterioration of the first level exterior walls, it is recommended that they be removed and re-framed with a code compliant structure. Because of the splices in the interior wood columns at the first level,they also should be replaced with new structure. The Architect for the project should investigate the fire rating requirement for the interior columns and advise on material selection. Because of the noticeable slopes the existing ground floor concrete slab will have to be removed in its entirety. The sub-grade conditions should be evaluated by a geotechnical engineer for proper placement of a new concrete slab on grade. The Architect should give consideration to frost protection requirements in un-heated spaces. The building will have to be evaluated to resist at a minimum, lateral wind loads. A structural lateral support system will have to be designed and supported by a new concrete foundation capable of resisting both vertical loads and the effects of the lateral loads induced on the structure. The new concrete foundation wall should be designed in accordance with the recommendations of a licensed geotechnical engineer. Based on soil conditions of near by excavated pits. it is assumed that a concrete frost wall on a concrete strip footing would apply for this project. i loadings The entire structure would have to be evaluated for code required yr g qed odins and elements reinforced or as replaced required. p Proposed Cow Barn Renovation 22 January 2009 Page 4 Summary Based on the proposed change of use for the existing Cow Barn Building and the requirements of 780 CMR 3408.0, the project would be classified as Level 3 work. For Level 3 work, the buildinc, would have to be designed laterally for a full wind load and a partial seismic load. The building would also have to support 85 % of the current code ground snow load requirement. The structure and all of its structural elements would have to be evaluated for conformance to the current code. Because of deteriorated structure at the first floor exterior walls and change of height requirements to accommodate a code compliant design, they should be removed and replaced with a code conforming structure. The existing grade level concrete slab will have to be removed and replaced. The lateral requirements for Level 3 Work has triggered that a neve lateral system be designed and installed on a new foundation capable of resisting the imposed vertical and lateral loadings. It is required that sub-surface explorations are performed and a geotechnical engineering report be published with foundation design recommendations. Given the above described Level-3 work requirements under the new code, combined with the age and deterioration of the existing exterior building envelope,most of the exterior wood surfaces will have to be removed. To accominodate the lateral load requirements,new plywood sheathing will have to be installed with new siding and trim over it. The plywood shear walls would have to be properly anchored to the new concrete foundation system. Consequently, of the original historic materials of which the Building is constructed, most of the exterior envelope, first floor walls and columns, ground floor slab and foundation are not salvageable or retainable as part of a re-construction process compatible with the Building Code's Level-3 Work requirements. The remaining wooden post and beam frame work may also need to be reinforced to meet Code. In order to comply with fire rating and finish requirements so that the structure is compatible with its proposed use as senior independent housing, the wood structure will end up being concealed by gypsum wall board covering. Of the original Barn structure, none of its original materials will be visible. It has been a pleasure providing services for you on this project,please call should you have any questions or comments. Respectfully: >Fillion Group,4c. 5k STI € L ,j <. 6W Michael R. Fillion, P. President p I I 1 man Edgewood o Retirement Community /t Milk Barn View from Edgewood Drive looking North Proposed n wast V New View 3 Construction from here 575 Osgood Street North Andover Massachusetts 01845 N View 2 from here cept Plan DSA Dewing&Schmid Awhitectls 30 Moauneot Square,Suite 2008 Coneord,MA 01742-1873 Te1:978.371.7500 Fac:978.371.3388 280 EW Snxt SouW.DarlmwW,MA 02748-3456 Tel:508.999.0440 Fax:508.999.7709 —d–..— PROGRESS PRINT _ -Not For Construction" 224.09 DSA Dewing&Schmid Architects,Inc. f I View from Edgewood Drive at Samuel Way, h looking South East No. Date Revision By No. Date Issued to B Title LANDSCAPE Site Concept North Garages, East Shed Date2 24 09 Scale 1.=40Y_0• A.1.1 Job No. 0706.03 Drawn By ■■, a::: Mimi :iii "', iii: :iii ilii iii ilii ilii iii iii rm�u .:._...t 1 swmO�.Or•I am.l mods so■■■■ Our,Ona Oars rrrr urr ilii "• �+--- Omar --" ■■■■ =:— ' uO■ Our ■■r■ man Community■n■ rrr■ rralr � ■u■ ■r■rl Iru■ •rr• + ( � (' � I ■u■ Our ura — I �47-- Milk Barn Proposed New _ Construction Osgood575 Street AndoverNorth Massachusetts 01845 Architects Squ—,Suite 2008 30 Monotuot C—A MA, 1742-1873Tul:978.371.7501 F-978.371.3388, South D—th,MA 02748-3458 Td!508.999.0449 F- . 7/j J �•� rtr adrPROGRESS PRINT rrrr ■r• ', ' r Construclion* IDSA % r era® aA®m rare urr Ittl ( Ij 111 ■r■ ir■ r�a� (eWrm rear ar�• uu �i��ili{ If 6111 ■U Oar ii ii ■1■ ■r■ 7 Namr rima amm■ a■ M ulr tI 1ti1 u■ ■u ■O rr■ Orr all u■ rrr ■■• - - n■ _Orr ' III rr■ rRr■ ■rt�� ■- ■ rt ■ � t, ►I I! lots6rM -. .._ ti _ Titi MILK BARN Exterior Views North Garages, East e . West Side -View from Edgewood Drive at Samuel Way South Side-View from Edgewood Drive not for construction l MOM - Edgewood Retirement UH fill - Community lau -11im- I'Mil - , Milk Barn Proposed New Construction 575 Osgood Street North Andover Massachusetts 01845 East Side -View from 21 Caroline Way North Side -View from across Caroline Way DSA Dewing&Schmid Architects 30 Momtmeu[Square,Suire 2006 , C.—., MA 01742.1873 Tel:978.371.7500 Fox:978.371.3388 280 Elm Street Sowh Dartmouth,MA 02748-3458 �- Tel:508.999.0440 Fax:508.999.7709 PROGRESS PRINT 'Not For Construction" a/ 2-24.09 DSA Dewing&Schmid Architects, Inc i tn B Revis o y i i sem.°,;r �'`� �• ._- No. Date Issued to B Ale � MILK BARN Exterior Views =b ss - North Garages, East Shed Date 2.24.09 Scale A.01 2111 iii iiiJob No. 0706.03 a Drawn By West Side - View from Edgewood Drive at Samuel Way South Side -View from Edgewood Drive - zt v' I zs t6'iC II k N r Mry�I� r s n 10 h Edgewood hrMtion Eq . 6-2 a 9-6 Feotp®tofineting Xft B..(4,333ef±) I as — - - i F�„ ---- — . — I #17 Caroline Way I Mechanical-4 a . #17 Caroline Way 221 sr ———— #17 Caroiine Way 2 Car Garage 23-5.19 4 ---- - sty Edgewood �' 453 N ———— i 32-10 a 19-4 836 a1 � (^7 Retirement ---- i Community 11 r� ' I dill II _ I I . 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Cpce 4MA 0167421673 Td 978.37.75W I Fac 976371-MM o3m5 Daemwurt4 MA 027483036 Td 508999.OW Fen 5 .999.7709 N ihn I i I I / i w„dr oA ppm #15 & #17 t 11 Caroline Way �A C � ih' E F bG Unit F:The Johnston ------------- ---- f00 Se(beei Lige ; �-- ,- 1 L 5*3 01 i I / �Cmtw F f Cue Ta4da ' il.ou if t� / -- / No. Date iRevision By I I - - Elevator L Al t L Machine Room I / No. Date tsstud to By �/ Tttle W T PLANS: o Proposed Ground Floor Plan 0 for "The Milk Barn" 30 W.I.&Buffer lips /d --- -- i d Date p l Proposed Ground Floor Plan { I. 6 -= / i 1 I. li 1 _� Scale 1E4=r-0 PROGRESS PRINT Job No. 0706.04 A.1 .1 --- 21'-0' / I 26'-10'± 22509 For Construction RID 0Drawn By R1D 4 Dewing&Schmid Architects,Inc. I I I I • I I II I . I I i I I I ------------------------------------------------------- I 84•_6.1 I ; I I Plan #15 Caroile Wa I I j #17 Caroline Way North 1,585 SF I 1,585 SF I I I I; I ,ii I it I Footp-tofcds=gM& B—(4,31°f t) Bedroom#2 I I I I Bedroom#2 11-5 z 12-6 11-5.12-6 ' 5.at i I n N N�y' 155 s( I Dkin i Dmmg 11- z 14-3 I I I i 11-1 x 14-3 Area 1 166 s1 __ 188es 1 _-- Edgewood tee, I� Retirement 14-3_ —13-4 z 14-3 _ _•` _ _ _ — _ — Clos. -_------ 9 of--__- ^ 193ef Clos. _ _ P --- ----- ---------J Up Community o I � I --Da Iffi 0 Milk - - - Barn ------ - - - I Hou ' - � I Hou �r I - e 575 Osgood Street Michell I favi n North Andover - 16-11 x 11-9, Foyer /F I 6-1 x it-9 19611 96 st � Massachusetts ' - 0 1-----I ° � I-----I o D=* • — �w IJ �I 01845 I I Iii I D. D. Mester Bedroom I I Walk-InI I I Walk In I I Master Bedroom 15-0,12-9 Closet A I�, C--Hag.' I'I Iq Closet 15-0212-9 / L---- 217 d � _. I / I I 212 s1 xw II Dressing I� - - 0 Dressing &Schmid g , DSA Dewin Amo s s _ area i! Architects 30 Monome"t S"..,6tdm 2008 �I 4 - _ ' - ( � TTeY 9371.5 °I FForo 8971338JQ , ==—m°-=— 260 Dim sa 50I2748 9.7709 #15 & #17 D,_6• Caroline Way C E �G . Unit F:The Johnston -- ----------- ------- I i I 1ars 0 o I ,�t:•. I � Footprint ofemuag Cve 7a�° comae(1.025 Bf t) I i I I Ekvatot �, / , F _r_�I Entry Hall / No. Date Revision By I I / I / No. Date Issued to By Title PLANS: ___ _, / /�/ Proposed 2nd Floor Plan for stair S'W k.&Buff.11. /o/ "The Milk Barn" I I I p Date Proposed Second Floor Plan r Seale 1/4•-T-Cr ^ PROGRESS PRINT Job No. —e- A. .2 Not For Construction 2.M09BJD Drawn By RJD / /0 Dewing&Schmid Ambitects,Im ion•-o' \ i \ Plan North I \ —100'Setback Line \ 1 \ i II � _ J Frosty Line Sage of pavement typ. #17 Caroline Way I l Drivewayl I I I I Edgewood ----------------- etirement , Community Footprint of eristing"Mick Barn" I , - Milk Barn .I Line of wall below,typ. 4 _I I Edge of roof,typ. 575 Osgood Street North Andover Massachusetts I /. 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General Information Important:p North Andover When filling out From: 1.Conservation Commission forms on the computer,use 2 This Issuance is for(check one): only the tab key to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. b. ❑ Order of Resource Area Delineation Subject to Simplified Review 1. ❑ Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation Note: Before 3. To: Applicant: completing this form consult Marlene Rotering Edgewood Retirement Community, Inc your local a. First Name b. Last Name c.Company Conservation � Commission 575 Osgood Street regarding any d.Mailing Address municipal bylaw North Andover MA 01845 or ordinance. e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 575 Osgood Street North Andover a.Street Address b.City/Town Map 36 Parcels 3, 17, 18 and 19 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude(note:. electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Dates: 10/24/08 1115/08 1116108 a.Date Notice of Intent filed b.Date Public Hearing Closed c.Date of Issuance 7. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Plan of Exisitng Conditions 10/23/08 a.Title b.Date ANRAD 10/24/08 c.Title d.Date I wpaform4b,doc•rev.01/07 Page 1 of 7 i 1 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 4B — Order of Resource Area Delineation 2421444 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s) above and in the Abbreviated P O t Notice of Resource Area Delineation are accurately drawn for the followingresource areas 1. ® Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: A-1 thru A-16 and F-1 thru F-57, including CC-9 thru CC-1 between F-6.& F-15, as shown on Plan of Exisitng Conditions dated 10/23/08 b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): �. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s) and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.01107 Page 2 of 7 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B - Order of Resource Area Delineation 2421444 ` Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work(whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15% at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40%of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review,applicants are required to provide written notice to the Commission one weekrior to commencing work. P 9 an Y 14. If work authorized under Simplified Review is commenced,no work is allowed, and no additional NOI or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced, then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions— wpaform4b.doc•rev.01/07 Page 3 of 7 \ Massachusetts Department of Environmental Protection )`— Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B -- Order of Resource Area Delineation 2421444 ( Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' s. ❑ The site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.)The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards (specify which standard(s)not met). a.Standard# b.Standard# s. ❑ Impervious surface exceeds 40% of the area of the Buffer Zone between 50 and 100 feet from the resource area. 10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas,whichever will be greater. 11. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review,as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. 1 Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. Certified Vernal Pools, public water supplies, or inland ACECs as identified in 394 CMR 4.00. wpaform4b.doc•rev.01107 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of.Resource Area Delineation 2421444Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40) and its regulations(310 CMR 10.00).This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order,and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office(see http://www.mass.-gov/dep/about/region/findyour.htm). E. Appeals The applicant, the owner, any person aggrieved by this Order,any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. I� wpaform4b.doc•rev.01/07 Page 6 of 7 Massachusetts Department of Environmental Protection 1L Bureau of Resource Protection - Wetlands DEP File Number: WPA Form Q - Order of Resource Area Delineation 2421444 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEA F. Signatures and Notary Acknowledgem t Please i icate t e number of members who will sign this fo 1.Number of signers Sign t of Conservation Commission Member Sig ture Conse ti Commission Member Si nature of Conservation Commission ember," Si ature of ConpAwation Commission Member Signature of se iss' Member gnatu ervation Commission Member Signa re of Conservat n m is n Member This Order is valid for three year from the date of issuance. This Order is issued to the applicant and the property owner(if different)as follows: ❑ by hand delivery on PI"'by certified mail, return receipt requested on // Date Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North �� �dve'n&e'<On this Day of Month Year Before me, the undersigned Notary Public, � �1WA .-j personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town 7jl NA M.WEDGENOTAWPUBLIC EALTH OF MASSACKSETTS ignature of Notary Public m.Expires Aug.7,2Q09 Printed Name of Notary Public Place notary seal and/or any stamp above eA/JC;)6 My Com issi n Ex fres(Date) I wpaform4b.doc•rev,01/07 Page 6 of 7. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 4B - Order of Resource Area Delineation 2421444 � Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 6 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 575 Osgood Street 242-1444 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for. Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform4b.doc•rev.01107 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code Phone Number Fax Number(if applicable) Project Location Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(all other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform4b.doc Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont:) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see ,http://www.mass.gov/deD/about/re,gion/findyour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform4b.doc Page 2 of 2 NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act The North Andover Wetlands Protection Bylaw In accordance with the Massachusetts General Laws,Chapter 131, Section 40, as amended,and the North Andover Wetlands Protection Bylaw, (Chapter 178),you are hereby notified of the following: The name of the applicant is C d'OttF M 0AJ f-IF The applicant has filed a AN with the North Andover (application) Conservation Commission(NACC)for the purposes of +� f r ��� C� C�a'r}�6� 1. (project description) We;, 1a,46( 6Pl- at - 0 6 c (site address) The North Andover Conservation Commission will hold a public hearing on WEDNESDAY, ty, , at 8:00 P.M.at the Town Hall, 120 Main (date) Street,2nd Floor Conference Room,North Andover,MA 01845. Copies of the AN - may be examined or obtained for a fee from: (application) (check all boxes that apply): ❑ Applicant at Representative at OgR1 S-17/4 05'C1 r �56q 6� 7 a-' Conservation Department, 1600 Osgood Street,Building 20, Suite 2-36,North Andover, MA 01845 Monday through Friday, 8:30 a.m.to 4:30 p.m.Please call the Conservation Department at 978.688.9530 beforehand to verify arrangements. Copies may be available for a fee. Further information regarding the hearing, or the Wetlands Protection Act,may be obtained from the Conservation Department at 978.688.9530. NOTE:Notice of the public hearing, including its date,time,and place will be published in the Lawrence Eagle-Tribune at least five(5)business days in prior to the public hearing date. NOTE:Notice of the public hearing,including its date,time,and place will be posted in Town Hall, 120 Main Street,North Andover,MA 01845 at least 48 hours prior to the public hearing date. NOTE: You may also contact the Conservation Department or the Northeast Regional Department of Environmental Protection Office for more information about this application or the MA Wetlands Protection Act. To contact the Northeast Regional Department of Environmental Protection Office,call 617.654.6500. W14 -- - Edgewood Retirement Community 575 Osgood St. No Andover,MA 01845 7204 1160 0001 5591 6525 36/1 &21; 35/110 Town of North Andover 120 Main St. No.Andover, MA 01845 4'6�•�..�+44rt iMF��ASw'".w s»>yp� ��.g,S4��#7' � '.; ., .e��ewN 5�q�'�Wy,„ � w�}�WK1wp. `"' m'S'+"'}"` yP � �'K't�`y,mi.,,e.rnTPS� 1 .'� fi' `r L ...1.{.,�•..rD"E:'D.».t..•�a.":7'�";'ii'�»�.•✓ .i«.a-.•1*.".'s�r+«•.�i IIi11{1111-1}iSiIii),j i 1,111 11 11110#11 i1i 11 {Ifill yf{}! ll 1.1111 .1-ff]. NORTil 0 t�4ec rg" ti� 0 CF#US�� CONSERVATION DEPARTMENT Community Development Division Modification to Order of Conditions The NORTH ANOVER CO SERVATION COMMISSION agreed to accept Applicant: lr ��A UL 0±6,01,Ld AA d �&W' as a Modification to the Order of Conditions issued in File 242-0 r dated .-JLaoF- and recorded in Book#&Zfe and page Issued by the NORTH ANDOVER CONSERVATION COMMISSION: V On this / ¢T of before me personally appeared Scott Masse to me day month/yr known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public iW0nLXDires DONNA M.WEDGE ? NOTARY Pueuc coMMoNWEAITH OF MASSP,H,JZ TTS My Comm.Expires Aug r 2GQ9 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.6889542 Web www.townofnorthandover.com T``� �y� 1�7 �" pORTM o _ 4 ADAAT[D�pPy�y �SSRC HUSKS CONSERVATION DEPARTMENT Community Development Division MODIFICATION TO ORDER OF CONDITIONS 575 Osgood Street, North Andover At the November 19, 2008 public hearing the North Andover Conservation Commission (NACC)voted to issue a minor modification to DEP#242-1398.The Modification shall conform to the plans and documents referenced below and shall be subject to the additional conditions listed in this document. Applicant: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Record Documents: Modifica*+on Request Letter Prepared by: Christiansen& Sergi, Inc. Dated: October 28, 2008 Memorandum Prepared by: Christiansen &Sergi,Inc. Dated: November 18, 2008 RE: Edgewood Retirement Community, OOC Modification Record Plans: Preliminary Landscape Plan (Sheet 1 of 1 and 3 plan pages) Prepared by:Weinrnayr Jay Assoc. Inc. Dated August 1,2008 Erosion Control Plan Prepared by: Christiansen&Sergi Date: November 17,2008 Sheet,I of 1 Utility Relocation Plan Prepared by: Christiansen&Sergi Date: November 17,2008 Sheet 1 of 1 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverNLhk—Conservation/index Sidewalk Relocation Plan Prepared by: Christiansen&Sergi Dated: November 17,2008 Sheet 1 of 1 Other Record Documents: Historical Site Photo Lighting,Stone Wall, 3-Rail Fence and Sign Detail Sheet Approved Modifications Construct dry laid field stone wall and horse fencing along Osgood Street and access drive within the 25-foot No-Disturbance Zone (waiver request attached) 4- Remove invasive species along stone wall bordering Osgood Street ❖ Excavate common reed (Phragmites australis) from existing horse pond ❖ Install landscape plantings along access drive in accordance with approved plan and subject to approval by the Conservation Administrator (plantings within jurisdiction of the NACC shall be native species) Remove portion of existing fire-road and reconfigure parking area (outside 100-foot Buffer Zone) with associated changes in stormwater management resulting in net decrease in impervious area ❖ Remove existing utility poles (utilities previously installed underground per plans of record) ❖ Relocate sidewalk in buffer zone to E-series wetland resource area Pre-Construction ❖ Erosion control barriers will be properly installed (silt fence trenched 4—6-inches into the ground,backed by double-staked hay bales) and located per the approved plans and shall be inspected and approved by the Conservation Department prior to the commencement of work on each of the described modifications. These temporary erosion control measures shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion.All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the Department or the NACC. The applicant shall flag all non-native and invasive species to be removed as described in the referenced construction sequence. Any other vegetation proposed for removal,including any dead trees or limbs should also be flagged. ❖ The applicant shall submit a list of native plantings proposed for landscaping/revegetation of Jurisdictional buffer zone areas. ❖ Due to its close proximity to wetland resource areas,the new sidewalk shall be staked and distances to wetland resource areas confirmed by the site monitor prior to construction. ❖ Immediately following completion of the above-mentioned items,the applicant shall contact the Conservation Department to schedule an on-site pre-construction meeting. The applicant and contractor must be present at this meeting,This modification document and all referenced plans and memos shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements.The 1600 Osgood Street - g ,Building 20,Suite 2 36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web: http://www.townofnorthandover.com/Pages/N<�kndoverMA_Conservation/index 4 applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 48 hours). During Construction •3 All non-native and invasive species removed from the property shall be disposed of properly. Material ena shall be burned or otherwise destroyed and shall not be composted or stored on site. Post Construction ❖ Immediately following completion of the work,any disturbed areas shall be permanently stabilized by seeding or planting as detailed in the record modification documents. If seasonally inappropriate to stabilize by seeding or replanting, areas shall be mulched with hay or matted with a site appropriate material to prevent against erosion. Once the modification areas are adequately stabilized, the Conservation Department shall be contacted to conduct final site inspections. 1600 Osgood Street,Building 20,Suite 2-36,North Andover,Massachusetts 01845 Phone 978.688.9530 Fax 978.688.9542 Web:http://www.townofnorthandover.com/Pages/NAndoverMA_Conservation/index Town of-North Andover APPROVAL NOT REQUIRED (FORM A) Planning Department UNDER SUBDIVISION CONTROL LAW For Town Use* Date Stamped Received by Daie StampM itec�i4ed by (97,8 088-9:S 4,,2, Planning Board Town Clerk ,40RTH rl A s,-, A Application Number: Signature: I Property Location and Ownership Property: 575 Osgood Street Map(s) 36 Parcel(s): 3 Street No. Street Name 36 17, 18 & 19 Applicant(s): -Edgewood Retirement Community, Inc. and Edgewood Retirement Properties, LLC 75 Osgood Street North Andover 01845 Street Address Town/City Zip Code -(978) 475-9100 rlavoie@devinemillimet.com Phone Number Email Address Property Same Owner(s): Street Address Town/City Zip Code Phone Number Email Address 2 Zoning Information Zoning District(s): R - 2 (for CCRC Use) Total Site Area: 81.67 acres (Acres or sq. ft.) Area For Each Parcel(sq. ft.): 81.67 acres (Consolidating 4 Lots) (62.36 + 2.20 + 2.15 + 14.96) Frontage For Each Parcel(ft.): 665.56' (Consolidating 4 Lots) (150 + 190.56 + 175 + 150 Wetlands Protection District? K Yes El No Flood Plan District? r-1 Yes rX-1 No (State and Local Jurisdiction) Area Within Wetland Protection District For Each Parcel(sq.ft.): Does not impact the satisfaction of 1009 CBA required by Zonitg Contiguous Buildable Area Contiguous For Each Parcel(sq.ft.): Single Resulting Parcel exceeds the 1009 CBA required by Zoning ANR Application Page 1 of 4 ' on i is The undersigned Applicant wishes to record the accompanying plan and requests a determination and endorsement by the Planning Board that approval by it under Subdivision Control Law is not required. The Applicant believes that approval is not required for the following reasons (check each box of applicable paragraph(s) and fill in any blanks in such paragraph(s)): ❑ 1. The accompanying plan is not a"subdivision"because the plan does not show a division of land. ® 2. The division of the land shown on the accompanying plan is not a "subdivision" because every lot shown on the plan has at least 150 feet of frontage as required by the North Andover Zoning Bylaw; and every lot shown on the plan has such frontage on: a. A public way or way which the Town Clerk certifies is maintained and used as a public way, namely: Osgood Street OR (Name of way) b. A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law namely: OR (Name of way) c. A way in existence when the Subdivision Control Law became effective in North Andover, which has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting the way and for the installation of municipal services to serve the lot(s) and the building(s) erected or to be erected thereon, namely: (Name of private way) ❑ 3. The division of the tract of land shown on the accompanying plan is not a "subdivision" because it shows a proposed conveyance which changes the size and/or shape of the lot(s) in such a manner that frontage is not affected. ❑ 4.The division of the tract of land shown on the accompanying plan is not a "subdivision" because two or more buildings were standing on the land when the Subdivision Control Law went into effect in the Town of North Andover, and one of such buildings remains standing on each of the lots as shown and located on the accompanying plan. Evidence of the existence of such buildings prior to the effective date of the Subdivision Control Law is submitted as follows: (attach documentation list items included in that documentation) ANR Application Page 2 of 4 ° on ForD 't� iAAtion Other reasons or comments: (See M.G.L., Chapter 41, Section 81-L) )Consolidatine land into one Lot as required under Condition of Planning Board Special Permits dated January 23, 2008 The owner's title to the land is derived under deed from_Samuel Stevens Rogers , dated 17/1 2Dja , and recorded in the Essex North Registry of Deeds, Book 9223 , Page 177 , =X and &elei -fr W&S & to s .R ers dated /27/95 and recorde at XN x Book 4378 , Page 115 4 Determination of Frontage The application shall be filled out completely and in accordance with the Planning Board Procedures for Approval under Subdivision Control Law Not Required and the ANR Checklist so that there will be no ambiguity or uncertainty as to the applicant's intent in seeking approval of this application. In the case of Approval Not Required, the following points, based on Section 3 of the Rules and Regulations Governing the Subdivision of Land In North Andover, shall be identified and factually supported on the plan and/or at the hearing and considered by the Planning Board: i. In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first, whether the lot directly abuts a public or private way and second, whether the lot has direct, practical access from the abutting way. 2. In determining whether an existing private way is adequate, the Planning Board shall consider the following: a. That the way is paved and adequate to accommodate public safety access; b. That the way is comparable to other public ways in the area; c. That the way by virtue of its horizontal and vertical alignment provides safe travel. d. When direct access to a lot from the abutting street is not possible due to non-access strips or easements or due to steep grades, Wetland Resource Areas, watercourses or other physical constraints, the Planning Board may consider the lot as not having sufficient frontage to allow a division of land without approval under the Subdivision Control Law. e. The full length of the required frontage must contain adequate access as defined in Item 3.3.1. Applicant is advised to review the North Andover Subdivision Rules and Regulations prior to filing an application and prior to appearing before the Board at a public hearing. ANR Application Page 3 of 4 a ion The undersigned hereby certifies that he/she has read and examined this application and that the proposed project is accurately represented in the statements made in this application and on the plan(s). **Owner(s): Ed ewood Retirement Community, Inc. b A Date: Ed ewood Retirement Properties, LLC VY '1 Date: 1.3"oFl Applicant: Same Date: Date: ** The signature of the property owner(s) is required for the application to be accepted. 6 Planning BoardDetermination ❑ The North Andover Planning Board has determined that said plan shows a subdivision,as defined by Mass. General Law, Chapter 41, Section 81-L and must,therefore,be resubmitted for approval under Subdivision Control Law for the following reasons: Signed: For the North Andover Planning Board Date: IO/The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law and the appropriate endorsement has been made upon the same. Signed• For fhe North AIWdover Planning Board Date: ..Se G3 m �t� ANR Application :Page 4 of 4 tAORTii t� r,6t6 O y AO�ATeD rpPy�S L 0 P "2 f 41 4 14 �SSACHU`��4 PLANNING DEPARTMENTM�''' SS Fehr R (ommunity Development Division " '` ' °°`- April 1,2008 Edgewood Retirement Community, Inc. & Edgewood Retirement Properties, Inc. 575 Osgood Street North Andover, MA 01845 RE: Form A Application—Map 36, Parcels 3, 17, 18, and 19. Consolidation of 4 lots to one parcel. Plan Titled"Plan of Land Located in North Andover, MA, Owners &Applicants, Edgewood Retirement Properties, LLC &Edgewood Retirement Community, Inc,., 575 Osgood Street,North Andover, MA 01845", prepared by Christiansen& Sergi, 160 Summer Street, Haverhill, MA 01830, dated June 26, 2007, Revised 7/18/07, 1/29,08, 3/27/08. To Whom It May Concern: We are receipt of Form A(ANR)Application filed March 13, 2008 for the properties located on Assessor's Map 36, Parcels 3, 17, 18, and 19 with frontage on Osgood Street to consolidate said lots into one parcel. The Form A application and revised Plan(dated 3/27/08)have been reviewed and shall be endorsed by the Planning Board. If you have any questions,please feel free to contact me. Thank you. Sincerely, Lincoln Daley Town Planner cc: North Andover Planning Board J B ha w 1 r Joyce rads w T o n C e k Y Curt Bellavance,Community Development Director Conservation Administrator Gerald Brown,Inspector of Buildings 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com Town of North Andover �� Planning DepartmentDEC 28 P11 to 39 1600 Osgood Street,Bldg.20,Suite 2-36 North Andover,Massachusetts 01845 w Phone: 978-688-9535 Fax: 978-688-9542 jtHOP,T WAIVER REQUEST TO: Planning Board c/o Lincoln Daley FROM: Robert W. Lavoie,for Edgewood Retirement Community,Inc. DATE: December 27,2007 SUBJECT: Application for Site Plan Approval and Modification of CCRC Special Permit I HEREBY REQUEST A WAIVER OF TIME CONSTRAINTS FOR: Site Plan Svecial Permit and Modification of CCRC Special Permit FILL IN TYPE OF APPLICATION FOR PREMISES LOCATED AT: 575 and 549 Osgood Street,North Andover MA 01845 FILL IN ADDRESS IN ORDER FOR THE PLANNING BOARD TO BRING IN A DECISION UNTIL SUCH DATE: January 18,2008 FILL IN DATE 9!A' URIV OF fjF9ICANT OR APPLICANT'S REPRESENTATIVE: Robert .Lavoie,Attorney for Edgewood Retirement Community,Inc.,Applicant WAIVERgeneric -rot-)n czeet Fee A7 D q G'Ovue�2ygT`o6�' 7��/0 ¢ 14ORTH 3?o��,aao a.6.6�oL Town Clerk Time Stomp o e � 09gO ocmcwewspp`1� � �ii ! liR j� ygb� s�, SRCHU`'�4Rh 20 t H • 5 ZONING BOARD OF APPEALS Community Development Division Rt_ ,A,t,, PASS= Date 0dVek4Ler 7 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance CS—pecia P-6rfmlt> Comprehensive Permit(40B) for property located at: STREET: tv Y" �! MAP: (, PARCEL: �3 1 -7 , I Sl, J J TOWN: North Andover MA 01845 TO MEETING DATE(S): ./j_ -- l NAME OF PETITION t t / 1✓�C SIGNED: Pet' 'o (or jet4 io Wr representative) 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofoorthandover.com Town of North Andover . . . OVAL Planning Department SU : � ' � NOT REQUIRED (FORM A) 1600 Osgood Stri:etUNDER. LAW Building 20.Suite 2-36 orth -kndover. 11 1 01845 For Town Use 0n[-V',',,, Phone: (978) 688-9535 Date Stamped Received by Date Stamped Received by Fax: (978) 688-95.12 Planning Board -To"Clerk C t a r pORTIy a f � ,•_. ., ^ �. _ O�St�eo '9.t, O �9SStCHUs�t�h Application Number: Signature: Property 1 1 Ownership Property: 575 Osgood Street Map(s) 36 Parcel(s): 3 Street No. Street Name 36 17, 18-& 19 Applicant(s): Edgewood Retirement Community, Inc. and Edgewood Retirement Properties, LLC 575 Osgood Street North Andover 01845 Street Address Town/City Zip Code (978) 475-9100 rlavoie@devinemillimet.com Phone Number Email Address Property Same Owner(s): Street Address Town/City Zip Code Phone Number Email Address Zoning Information Zoning District(s): R - 2 (for CCRC Use) Total Site Area: 81.67 acres (Acres or sq.ft.) Area For Each Parcel(sq. ft.): 81.67 acres (Consolidating 4 Lots) (62.36 + 2.20 + 2.15 + 14.96) Frontage For Each Parcel(ft.): 665.56' (Consolidating 4 Lots) (150 + 190.56 + 175 + 150 Wetlands Protection District? ©Yes ❑ No Flood Plan District? ❑Yes © No (State and Local Jurisdiction) Area Within Wetland Protection District For Each Parcel(sq. ft.): Does not impact the satisfaction of 100% CBA required by Zoni g Contiguous Buildable Area For Each Parcel(sq. ft.): Single Resulting Parcel exceeds the 100% CBA required by Zoni g ANR Application Pae 1 of 4 Reason 1 Determination The undersigned Applicant wishes to record the accompanying plan and requests a determination and endorsement by the Planning Board that approval by it under Subdivision Control Law is not required. The Applicant believes that approval is not required for the following reasons (check each box of applicable paragraph(s) and fill in any blanks in such paragraph(s)): ❑ 1. The accompanying plan is not a "subdivision" because the plan does not show a division of land. 0 2. The division of the land shown on the accompanying plan is not a "subdivision" because every lot shown on the plan has at least 150 feet of frontage as required by the North Andover Zoning Bylaw; and every lot shown on the plan has such frontage on: a. A public way or way which the Town Clerk certifies is maintained and used as a public way, namely: Osgood Street OR (Name of way) b. A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law namely: OR (Name of way) c. A way in existence when the Subdivision Control Law became effective in North Andover, which has sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting the way and for the installation of municipal services to serve the lot(s) and the building(s) erected or to be erected thereon, namely: (Name of private way) ❑ 3. The division of the tract of land shown on the accompanying plan is not a "subdivision" because it shows a proposed conveyance which changes the size and/or shape of the lot(s) in such a manner that frontage is not affected. F-14. The division of the tract of land shown on the accompanying plan is not a "subdivision"because two or more buildings were standing on the land when the Subdivision Control Law went into effect in the Town of North Andover, and one of such buildings remains standing on each of the lots as shown and located on the accompanying plan. Evidence of the existence of such buildings prior to the effective date of the Subdivision Control Law is submitted as follows: (attach documentation list items included in that documentation) ANR Application Page 2 of 4 Reason For Other reasons or comments: (See M.G.L., Chapter 41, Section 81-L) Consolidating land into one Lot as required under Condition of Planning Board Special Permits dated January 23, 2008 The owner's title to the land is derived under deed from Samuel Stevens Roizers , dated 17/ 2004 , and recorded in,the Essex North Registry of Deeds, Book 9223 Page 177 , Xwx xand eec WX ARr�m X ue xStXe e s R ears datedkaox xxx acid recorda3t 4 at lix ifi !KA o xxxxxxxx4M1LV7gisMUtinx Book 4378 , Page 115 _. 4 Determination of Frontage The application shall be filled out completely and in accordance with the Planning Board Procedures for Approval under Subdivision Control Law Not Required and the ANR Checklist so that there will be no ambiguity or uncertainty as to the applicant's intent in seeking approval of this application. In the case of Approval Not Required, the following points, based on Section 3 of the Rules and Regulations' Governing the Subdivision of Land In North Andover,shall be identified and factually supported on the plan and/or at the hearing and considered by the Planning Board: t. In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine first, whether the lot directly abuts a public or private way and second, whether the lot has direct, practical access from the abutting way. 2. In determining whether an existing private way is adequate, the Planning Board shall consider the following: a. That the way is paved and adequate to accommodate public safety access; b. That the way is comparable to other public ways in the area; c. That the way by virtue of its horizontal and vertical alignment provides safe travel. d. When direct access to a lot from the abutting street is not possible due to non-access strips or easements or due to steep grades, Wetland Resource Areas, watercourses or other physical constraints, the Planning Board may consider the lot as not having sufficient frontage to allow a division of land without approval under the Subdivision Control Law. e. The full length of the required frontage must contain adequate access as defined in Item 3.3.1. Applicant is advised to review the North Andover Subdivision Rules and Regulations prior to filing an application and prior to appearing before the Board at a public hearing. ANR Application Page 3 of 4 5 Certification The undersigned hereby certifies that he/she has read and examined this application and that the proposed project,is accurately represented in the statements made in this application and on the plan(s). r' 1 **Owner(s): Ed ewood Retirement Community, Inc. b Date: 2-13-0 Ed ewood Retirement Pro erties, LLC b 9 Date: 3-/x'69 Applicant: Same Date: Date: ** The signature of the property owner(s) is required for the application to be accepted. r Planning Board Determination ❑ The North Andover Planning Board has determined that said plan shows a subdivision,as defined by Mass. General Law, Chapter 41,Section 81-L and must,therefore,be resubmitted for approval under Subdivision Control Law for the following reasons: Signed: For the North Andover Planning Board Date ❑ The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law and the appropriate endorsement has been made upon the same. Signed: For the North Andover Planning Board Date: ANR Application Page 4 of 4 4 t M [ [See Section 8:3 of tho°North;AndauerZoning° ylW for mret �lednftftiat�o k+ 1 t1 Ii (f° Town of North Andover Plannin Board r Y �f G� ti3 Please type or print clearly: 1. Petitioner: Edgewood Retirement rammnni ty, Tnr (Attn: Marlene Rotering) Address: 575 Osgood Street, North Andover MA 01845 Telephone Number: (978) 725-3300 (a) (575 Osgood) Edgewood Retirement Community, Inc. 2. Owners of the Land: (b) (549 Osgood) Edgewood Retirement Properties, LLC Address: 575 Osgood Street, North Andover, MA 01845 Telephone Number: (978) 725-3300 Number of years ownership:(a) 11+ years (b) 2+ years If applicant is not the owner,please state interest in property:Petitioner is 100% owner of Edgewood Retirement Properties, LLC, which purchased Parcel (b) in 2004, to be combined with Parcel (a) upon sucessful conclusion of permit 3. Request for a Special Permit under Sectionl3&10.3 of the North Andover process. Zoning Bylaw to complete the construction of the final phase of this CCRC. 4. Location of Property: 575 and 549 Osgood Street Zoning District: R-2 Assessors: Map: 36 Lot#J, 17, 18 � 19 Registry of Deeds: Book#: a 4378 Page#(a) 5 (b) 9223 (b) 177 5. Existing Lot: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area (Sq.Ft): Building Height: Street Frontage; Side Setbacks: Font Setback: Rear Setback: Floor Area Ration: Lot Coverage: 6. Proposed Lot(if applicable): N/A Lot Area(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: r 7. Required Lot(as required by Zoning Bylaw); SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Existing Building(if applicable): N/A Ground Floor(Sq.Ft.) #of Floors Total Sq.Ft.; Height: Use: Type of Construction: 9. Proposed Building: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Ground Floor(Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so,when and for what type of construction? 1989 for a CCRC under Section 13: See Attached Special Permits 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this appli 7 ati as neompl Petitioner's Signat r Marlene G. Rotering, Executive Director Print or type name here: Edgewood Retirement Community, Inc. JOwner's Signature:( ) Marlene G Rotering, Executive Director Print or type name here: Edgewood Retirement Community, Inc. L= --7 Marlene G. Rotering, Manager Edgewood etirement roperties, LLC 1 ADDITIONAL SHEET 4 Proposed Project: The applicant has proposed to construct 22 new cottages of approximately 1850 S.F. each plus an attached garage and a greenhouse of approximately 720 S.F. There will be a new 20 foot wide roadway with individual driveways to access the cottages. There are two existing buildings that will be renovated into three units. The renovated buildings will use the existing building footprint. The project will remove six existing buildings, a gravel access drive and a parking area in the 100 foot buffer, up to the BVW along the east side of the property. 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. Along the access road to the Pre-School, the Applicant is proposing to remove approximately 3,500 S.F. of existing buildings within the 104 foot Wetland buffer zone up to the 25 foot buffer zone. A majority of the existing gravel drive will be relocated outside the 25 foot buffer zone and the driveway will be improved with a bituminous concrete surface. The improved way will be designed so that all new runoff will pitch toward catch basins away from the wetland. A treatment pond is proposed along the southern edge of the Area G area to treat runoff from new impervious surfaces. This will treat and convey the runoff before discharging into the wetland at the southern end of Area G. The remaining existing gravel way leading to Half Mile Hill and Town of Andover Conservation land will remain as is. There will be a fire access from the improved way to the existing parking lot just south of the proposed cottages.The project will include swales, bio-retention areas and etch basins to treat stormwater runoff from the project site prior to discharging toward the BVW. There are approximately six short landscape retaining walls proposed throughout the site. The proposed development of the site results in a net increase in impervious area of approximately 74,560-sf. Work proposed within the 26-buffer"No Disturb Zone" consists of removal of impervious surfaces and access way improvements. Construction activities performed in the"No Disturb Zone"will require extreme care not to disturb more land than necessary. Conservation plantings will provide opportunities to remove invasive species and add native species to the area. (14327\77611\A0133638.1} ADDITIONAL SHEET 5 Existing Site Conditions: The existing site at 575 Osgood Street consists of a Continuing Care Retirement Community ("CRRC°) originally approved in the 1990's.The site consists of a main building, a health care facility and residential units. The new parcel under consideration has 8 structures (6 barns and 2 dwellings)on over 17 acres of farm land. The parcel generally slopes down (elevation 169 to 154)from the northern portion of the site to the existing paved driveway that leads to the main buildings. Analysis of the existing drainage patterns takes into account off site areas north and east of the locus. There are two gravel driveways and a small gravel parking area. The property is surrounded by wetlands and Permanent Open Space Conservation Land. There is a gravel drive that leads to the Family Cooperative Pre-School east of the site. This is the only access to the school. This gravel drive also leads to conservation land (Half Mile Hill).There are mature trees that line the gravel access to the school. A Conservation Restriction Easement extends approximately 300 feet to the north of the paved driveway running to the eastern property line. 'I (143271776111A0133638.1) 5 MEMORANDUM IN SUPPORT OF APPLICATIONS FOR SPECIAL PERMITS 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 anytime. 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 cast. 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 25 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 25 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 22"cottage"units plus 3 units in existing structures 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. A Special Permit has been requested from the ZBA relating solely to the alteration of an existing dairy barn into 2 independent dwelling units. It is critical to note that the 25 Replacement Cottage Units conform in all respects to the Dimensional Requirements of Section 7 and Section 13.5.4.1 of the Town's Zoning allowing Continuing Care Retirement Centers(CCRC's). {14327\77611\A0133640.1j 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 25 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. 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. 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 25 additional Independent Dwelling Units,bringing the total onsite to be 244 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 25 units, which at 244 total units will still keep {14327\77611\A0133640.1} 2 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 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section t 1 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Map Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Ass so ffice as of Certified by: Date NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A. Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center -Recorded at Book 3983, Page 268 2/15/94 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D Access Strip to Mary Charles Property • Frontage Special Permit • 10/24/95 e - orded at Book 4384 Pae 99 10/24/95 -Recorded , Page {14327\64824\A0131463.1) Conservation Commission Dated • Conservation Restriction • 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 0 Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 I {14327\64824\A0131463.1} Y GK R � PG 335 TOWN OF NORTH ANDOVER X60TWOF41S.LVEMER -�/ KA88ACHU8ETT8 k1 be-filed app rrttle wit in ice NOTICE OF DECISIDN Am of (10 "Town 4n" T ebb Date.R4'"W..''...1989.............. hTa aYlanpa Date of Hearing od Petition Df a !&J.....Le "J. ..................... Premises affected .�a.t./ids of oagood strut......................... .... 3 Referring to the above petition for a special-permit from the requirements t of the .....xoct4.dadorer.ioaAnscBow�:>0. ..9P�Fli.�hPFi�t:NlCScP.ho.31 Coaditioas for SPproYal of specials section 11.3r7DQ P ?tea�iMat��1s¢tae so as to permit kbs cons£"sae�idd W*dddMh iW1MW iwtU*"t'"tit: .................,.....-............................... ............. .. After a public hearing given ion the above date,the Planning Board voted Conditionally to arPnovs.........the .special.resmits.......................................» t cn' r based upon the following conditions: r cc: Director of Public Rorke Signed Board of Public 1Wsks nighray.sarrayor a.FIFP#i.iP1.1.C69iT.nan saildiag I-Pector aoard of ■ealthJolla sl�on.1r,(4 ck. �....... Coasacvation CDasi.asioa •«• •• Laaaaazs .Erica Ilitsscha ................ Police Chief . Pira Chi i Paal Eadatcca+ ....,...........»............. applicant �Pile, Interested Parties ........Planning��Ot�T(l•••.•••• ilu I. I€ fin $' 41 BK 4323 P[ OR Town of - Izomain sac i i CONSERVATION NORTH ANDOVER HEALTHDrASIM OF PLAMM PLANNING&.COMMUNIT'Y DEVELOPMENT KAREN H.P.NELSON.DIRECTOR October 5, 1989 y Hr. Daniel Long, Sown Clerk ��I4j f I�I Town Hall 120 Hain Street Nn thAndover, HA 01845 s Re � 1� , Ed ewood € 1, 9 LaFe x�� — Special Permits u Section 8:3, 91tt h Review; Baction 1 1h " Corrtiauin-g Care �� i: Retirement'Cenier rIi, ' ` Se>rtion 11.3, Pla= WOO� `killiG iE ,' Development Distr �$ f )c- Dear Hr. Long, 5 The Horth Andover Plannin Board held a blit hears nm 5 p� 'nQ 27, LM in the Town Hall, Library/Confereace Room, ori,the applica } , €j of £amuel 8. Rogers and Edgewcad lift Care, 1 Johnsen htreet, Nrirti I iI Andover, HA. Tht hearing was duly advertised in the North Antover Citizen nn July 5 and July 13, 1989 and all parties apt -Interest-we: notified. .The Following members were present and votingt George Pe Chairman; John Simons, Clerk; Erich Nitzsche, Jack Graham and Paul Hedstrom. I The pttitiorcer is regtrestiaq Special Bermiss under Sect-on a'll I ' I'I Section 10,31; Section 11.3 and Section 13 of the North Andover Zor, &d�'IIr•li Bylaw as they relate to a Continuing Care Retirement Center and Sec ( n 8.3, Site Plans Review. The purpose of the the Site -Plan is to �I��' construct a buildi-nq 125,812 sq.ft., three (3) story, 150 dwe711ng gall; ilj1 c units, 45 bed long term nursing facility of a Continuing Care t I a Ihl� Retirement Centei on 6.2.29 acres, more of less on the vast side of )il 'lOsgood Street in a Residential-1 (R-1) and Residential-2 (1-2) Sona District and Watershed Overlay District. s ( 1I Jahn Simons read the legal notices to open the public hears; �' lyllnl on the apvcial permits. John Simons stated that there -were several; letters_ and other,/correspondence in the .file for public inspecti-on. George Perna disked Chris Huntress to comment on the r arfllf application. Chris stated,that the applicant had been before the Technical Review Committee and that a number of issues were resolve: r GIN � Clifford El-ias, representing Samuel S. Rogers and £dgewood Care, presented the Board with two se-parate packages, 1) large loos' 3 Z 111 leaf book, called the Informat�,on Boo-k; 2) a memorandum package for f Iii )7; ) official records of this application. The Board accepted the packs I" 1� r I s w i tit 41, N j ISI k t � s I -t a �i 11 ; Ila I f �# 1 lie 1 i f J (j I if If I fs I . 4323 PG 337 Pdge 2} Hr. Elias asked that the Board visit the site and 1060 Osgood.. Street where a model of the proposed in being displayed. The major difference in this application from the preliminary A plans is the location of the access road. There will be town water and town sewer by the developer. Sixteen acres of the proposed project will be disturbed. A new traffic study has been done with minimal impact. t The proposed will be done in tw-o phases: 1. health center and dwelling units 2. last two building nearest the lake, the pool and the y N' auditorium. ere g The cost per unit will be around $190,000 with monthly an - ! maintenance lees from $900 to 51400. t Some of the parking will be underground, 132 spaces and 236 spaces above ground for a total of 368 parking spaces. One hundred d M1Y �.; seventy five (175) people have signed up already with sixty percent --- (604) -North Andover residents. Hr Elias presented the Board with samples of agreements. . Chris Huntress spoke on the circulation of the traffic'flow. Y Erich Nitzsche stated that a workshop would. bo appropriate on the ns4 3` proposed project. Erich suggested a wits walk to -view the access road. tea:, The Board will meet an Saturday, July 29, 19_89 at 8:�@ a.m. at 3060 Osgood Street. a, kWN John Simons commented on looking at the scale model in conjunction-iiith the massing. Paul Hedstrom asked it a Form A Plan ekisted, was it a legal lot of record. Mr. -Elias said,, 'no, not yet." 3; George Perna asked for public input. Erich Nodlinger, attorney i representing the Rockwell's, gave the Board a letter on issues his >n � i client wanted addressed: 1. access issues to be addressed as a subdivision 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained *; 5. landscaping and screening to b.e.done carefully. � F _ jHr Wodlinger asked that the concerns be made part"of the conditions. George Perna questioned why the access toad was moved. Clifford Eli�s' stated that there were two reasons for the access road being moved: conservation 2. safety . Attorney Arthur Hughes, representing the Mary Charles Estate. expressed concerns similar to those expressed by Eric Nodlinger, attorney for the Rockwell's. ' A notion was made by Paul Hedstrom to. continue the public ?searing unt_'_ August 10, 1989 and set up a workshop:"-The mot_on was. _nar.lsou>lY A� A .. :... -• :Tri"R,VX°- r I I Fi t �II i I i ' BK 4323 P'y 441 Page 3: �I i � lk,, a , The Planning Board held a regular meeting on August le, 15 the Town Hall, Library/Conference Room. The following members we.1 f t �" present, George Perna, Chairman;Erich Nitzsche, Jack Graham and f, f Hedstrom Erich Nitzsche read a letter from Chris Huntress to Cliffc. I Elias. Clifford Elias stated that the Planning Board visited the on July 29, 1989 as well as the affice to see a scale model of the Proposed Pro feet. I {! (I Hr, Elias stated that the Special Permit for a common driv has been filed and the Form A Plan will be filed on August 11, 198. NF1 ifl �s ' Members of the Planning Board expressed concerns on the ? �- following: ' 1. Screening of parking 2• safety of intersection j��I l•ii; 3. traffic A discussion too-kK�j _place between members of the Planning Ba :if ,'� setting up workshops. Some members expressed the need for them, o. did not see the need. George Perna went over a letter from Choate, Hall & Stecaar attorneys for abutters, on issues and whether they were relative to h planning or not, that letter is available in the file for inspectic A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1989 and direct the planner to draft a decision. The motion was seconded by Jack Graham and voted uranimo by those present. I'1114 3; On August 24, 1989 the Planning Board held a regular meetin' the Town Hall, Library/Conference Room. The following members werea present. George Perna, Chairman; John Simons, Clerk; Erich Nitzsche t' :���, Jack Graham. F, f E! �! �{ Abutters expressed concerns with crossing the access road. A discussion took place on drainage. Mitigasioa of run-off Il99 'l incorporate all off site flow to the 100 year storm event. Other i �hili,j�f �I i discussed were: the common driveway access to the farm being used; security issues; agreements with trustees. {{ h L Il {� A motion was made by John Simons to close the public hearins' take the matter under advisement. The motion was seconded by Ericl Nitzsche and voted unanimously by those present. 43�lip, $ !�f) A,1 4 f E�`Ij I On September 7, 1989 the Planning Board'held a regular.meeti 8 in the Town Hall Selectmen's Meeting Room. The following members we' present: George Perna, Chairman; John Simons, Clerk and Erich Nitzsc ��il Jack Graham and Paul Hedstrom were absent. K ! fla , 41 �,11y I f ' l A dI13 t �I IV ISI it ,F W r ! 1 x ; !Rr, i Ij� 6i �r R'! •�%.: f}�(j �_,119 ��I 5 JI "nyu Bk 4 12.3 PG 339 Page 4: 414 i r ` A Copy of a draft decision was distributed to the Board [1 members. The Board is to review the draft decision and vote on at the September 21, 1989 meeting. u On September 21, 1989 the Planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Roon. The following members were to present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Paul Hedstrom, Jack Graham was absent. S ay ' The Board members added to the draft that all relevant approvals ry E must be obtained prior to issuance of a building permits. Incorporated into the decision will be concerns of D.P.W. which are addressed in a letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation. 4 Housekeeping, in the language, was done on Conditions i5, iR Condition #17, and Condition 4 20. Hotion was made by Paul Hedstrom to approve the Special Permit i an 3: drafts for Site Plan Review under Section 8.3; Section 13, Continuing ,rs '* Care Retirement Center; and 11.3, Planned Development Districts per discussion and drafts as 'marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. aj = 'Sincerely, ly PLANNING BOARD in George Perna, Je., nd ,c Chairman CC: Director of Public Works Board of Public Works Highway Surveyor L11 Conservation Commission ies Building Inspector jjjj­ Board of Health Assessors Police Chief and Fire Chief Applicant Engineer File M: 4 ,� BK 4323 rngrWOOn ^ RF SPECIAL PERMITFOR A CONTINUING CARE RETIREMENT CENTER ! AND PLANNED DEVELOPMENT DISTRICT (PDD) — GRANTED UNDER a F it I Is.3, t0.31, 11.3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW; ! ( The Planning Hoard makes the following findings repardi � i Special Permit as required by sections 10.3, 10.31, 11.3i _ Ids l of the Zoning Bylaws 1. The proposed use and tits design for this lot are I i If appropriate, due to itis location in Town. y 2. Adequate vehicular and pedestrian access into the sum ,o ff 1 site has been provided. ,'I, 3. The landscaping pian as shown and revised, meets the requirements of section 6.4 of the Zoning Bylaws. F ff =� ix(;',� 4. ,The site drainage system is designed in accordance wi Town Bylaw requirements. _ . 1� II1 S. The applicant has met the requirements of the Town fa Plan Review as stated in Section 8.3 of the Zoning Byl; 6. Adequate and appropriate facilities will be provided proper operation of the proposed use. 4, it The Planning Board -finds under Sections 8.33, 10.31 10.3 and 13 <CCRC and PDD) of'the Zoning Bylaw that the propos! Ilk j I plan generally complLos with the Town Bylaw requirement -1 i'i sequins minor conditions in order to be completely in com! 41 with Town Bylaws. Finally, the Planning Board finds that this proposal d �q�'k� rll 11 .l with the Town of North Andover Bylaw requirements to long following conditions are complied with. Therefore, in c fully comply with .the approval necessary to constry facility as specified in the Special permit before g l°( Planning Board hereby grants a Special Permit to the aF provided the following conditions are met$ (1) The project May contain 192 congregate housing units the use of the open space bonus or the affordable ho', bonus. If the project takes advantage of the open apace bona: it may contain 221 congregate housing units. lican y the ' (3) if, in addition to the open space bonus, e Project ¢• app to construct more than 2Z1 units, then . contain up to 2Q0 units upon the payment to the Town Nil iz z I. � , '-�•`z .x �>s to :� ',��' 3 ( 'II { kali. IG 340 ��`�: . � BK ' 4323 PG 341 od in section of the Zonin p ABYiaw. Ynthe nouevenbeshallethere b unit% in6texcess. of �fIONB ESO. shall be of �4) The architectural style and design of the RCRC colonial design, in wood frame or lap sid.lnp consbruetion Consistent with the style and design of the nearby Edpewood mdhl3 Fa raa bulldinps. (3) All Concerns raised by the DPW in the July E7, L989 letter from Mr. W1111ae Heurciak, as listed below. rust be properly w addresstl ed and all relevant material rust be submitted to, and approved by DPW prior to the Planning Board endorsing the record plans. ndingutilities a. Show an on the off { tire water main and crossing site plan. b. The -method of crossing the mill pond is not acceptable. The existing culverts at the pond crossings are not shown th+ Correctly on the plan. The water main as designed will black the Culverts. site e. The existing !E"-water main stub at Ple+santisStreet neadad. a �• plugged bell, therefore no dresser coupling r therti d. Change the method of connection to existing water main on µarkaway Road and to Millpond units 47 and 53. Add a i2" pate valve on the north *ids of Markaway Road. site e, The existing 6" water-rain on Stevens Strsot should be but elSminated. The services to house 8 lE0 and 133 should be iance connected to the new 18" main and the proposed cress connection at the B" dead and may be eliminated. plies f. Show lee foot stationing on the plan. o the or ba g. the SS" - 1/8 bend* at station 18 + 90 are not necessary. the the h. The connection to the existing 8" water main on Osgood !cant . ,- street at the project Entrance shall be an 8" x 8" tapping sleeve and valve. A 12" stub and pate valve should be provided for future extension in a northerly thout direction. Sng i. Maximum distance b "war manholes is 300 feet. etween then �. Rrvvide profil*s of on site roadway and utilities. wish k. Show all utilities on one *its plan. l• he dom st iwataremainrwherev*ropossi6leonnected to the loo N k �r l BK 4323 R! m. Show details of utility crossings under, buildings. t � n. The number of bends used in the 12" water main ghouls kept to a minimum. . o. Show rims and inverts on drainage plan. P. Provide detail sheets of roadway and dralnage facility #�;:jr�lll� q. The design of drainage from areas B-1-A and 11-1-B dbr, .ai not consider the potential for reduction of effectiv(. � iFlll t' F� `� flow area of catch basins during adverse conditions. r. Provide data showing the projected water consumption projected average daily sewage flow for the community. s. A D.E.P. D.W.P.C. sewer oysters extension pernit must k�rlsik s' ' obtained prior to sewer construction. xrs 3'a PIP, {' t. Provide a plan for phased construction and erosion control. E (6) All existing trees of greater thin 12" Diameter with 23' it the existing tree line shall be shown and labelled on th, 1i � rll �I. I a3 � j4 site plan. (T) The following material has been reviewed by the Planning! Board and staff in this Public hearing process and shall N�,� I,I� � 3 _, considered as part of this declsioni ql (1) Packet entitladl EDDEWOOD LIFE CARE, A CONTINU; CARE RETIREMENT RENTER FOR THE!, e(rl rt TOWN OF NORTH ANDOVER,!!!!!!!1 111 (2) Packet entitled) MEMORANDUM OF LAW AND FACTS, presented by Samuel S. Rogers c. r.' Edgewood Life Care, Inc. j (6) The Special Permit granted under section 6.3 (St-to Plan jl,ll Review) of the Zoning Bylaw for this site, shall also be deemed as part of this decision. cola a The following plans shall be doomed as .part of the deciaiona Plan's [ntitlede Town of North Andover Massachusetts. Stevens it Strait Proposed Nater and Sewer Facilities. �1F{1i Dated t June S, 1969 BY Drawn r Oce Associates Inc. Plans Entitiedi Topograghic Pian, Dated 12/29/88 Plan of Land, North Andover MA, Dated 4/11/89 a cJ 17111f�rla�I {� �� k ', a II j 14 r i I l h 3 ' fi u } 5 I ., 4 - - r � =4323 PG -343 Z Site Plan (pro�ect). 'Dated 6/3/89 e `'• Project Planting and Lighting.Plan� Dated 6/2✓89 site Plan (Entry), Dated 4l27/89 Site Plan (pro�ect)� .Dated., %87/89 Grading and Drwinige Plan tEritry), :Dated 4/27_/89 - Grading and DrainageTPlan �ProJect)� bated 4/27/89 Plans Drawn ByI Earl R. Flansburgh i Associates Ina s" M E� Plan prepared fors Edgewood Life Care Ince* cci Director of Public Works `• r 'tti� . ` Board of Public Works r' Highway Surveyor Building Inspector a , _.,_. Board of Health Assessors h Conservation commission yqx Police Chief g Fire Chief Applicant Engineer File - of�; .a rT ' s �K 1� 7I i' rt BK 4323 P 9ECEIVES SOWN OF NORTH ANDOVER DANIEL LONG EACHUSETTS WkO'diBOTHi R. �y -- # 'M t;i i Any appeal shall be filed is Within(20)dayihe date of#iliiiptsfthisNotice NOTICE OF DECISION � �$ � Irlraf p intheOl ioitheTown 414 Oji Clerk. I'1 1 pp Date.RFtAhAF.�i.} �.......... Date of Hearing B"P !b!? 21:198 Petition of ..�>r B:.II°aez".aPd Eage.00a ISL. care Ix. ..................... Premises affected East .tea:ot O.goad Street ... . jip Referring p p 4 g to the above petition far a special _permit from the re uirementn I, of the .:rortb.taaas.rjt-' Q41Fav,.8aation.4.3..84te.E3+w.Aw0im.............. i so as to permit »tbs.=mttuetfRa qtr pr+i�dlaq.125.81� sa.lt...tbtaa rtt�wr�.(�J. p Lz k�� j, iso.awlliuy.vatts..�5.4ad goes taalati onraf .iucilitx.at.avC�q gip...... I, Eatireeisnt Center. After a public hearin r..odti icimll g given on,the above date, the Planning Board voted to ......_............ ..... [ 4' -based upon the following conditions: 4�I1 f cc: Director of Public Works 4 Yt {i Hoard of Public Uorks 4b—Y SUrxepor IA Dnildiog Impactor Hoard of Health Signed i' Co Cooaar+.atian aaissson a3 �rEl ,n �aeMaore4F94.gtc Jr:c.qhv ... Fire Cblaf ....STOhP.$iao°!c Cl!cD; _ t a a J e Chief - .. jl 1pplican t Erich HiWche togineer ................... 991 Pile, Interested Parties Paul Bedstroa ...... ......................... v r ry��l 1 BII ylr �, { glillr � 'i'iaFd�ng"Board' _ al AEI i �h - CF 1 t F3 I i e to ------------- BES 4)� 345 ;4 OFFICES OF: Town of North Andover L1xNc NORTH ANDOVER Massechusens018+s - foNgERVATION DlVI510N'OF (608)E829483 HEAL P NSG PLANMNO 8.COMMUNITY DEVELOPMEN d KAREN H.P.NELSON,DIRECTOR October 5, 1989 Hr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, HA 01845 Re: Edgewood Lite Care Special Permits under N Section 8.3, Site Plan Review; Section 13, Continuing Care Retirement Center; Section 11.3, Planned Development District Dear Mr. Longi The North Andover Planning Board held a public hearing on July 27, 1989 in the Town Hall, Library/Conference Room, on the applications of Samuel S. Rogers and Edgewood Life Care, 1 Johnson Street, North Andover, MA. The hearing was duly advertised in the North Andover Citizen on July 6 and July 13, 1989 and all parties of interest were notified. .The following members were present and voting: George Perna, - Chairman; John Simons, Clerk, Erich Nitzsche, Jack Graham and Paul Hedstrom. The petitioner is requesting Special Permits under Section 10.3; Section 10.31; Section 13 of the 11.3 and Section Center and Section North Andover Zoning gip '= Bylaw as they relate to a Continuing Care Retirement 3.3, Site Plans Review. The purpose of the the Site Plan is to construct a building 125,812 sq.ft., three (3) story, 250 dwelling units, 95 bed long tern nursing facility of a Continuing Care ➢, Retirement Center on 62.29 acres, more of less on the east side of Osgood Street in a Residential-1 (R-1) and Residential-2 (R-2) Zoning " s District and Watershed overlay District. a ft# r John Simons =cad the legal notices to open the public hearings e on the special permits. John Simons stated that there were several letters and other correspondence in the file for public inspection. Ln George Perna asked Chris Huntress to comment on the application. Chris stated that the applicant had been before the Technical Review Committee and that a number of issues were resolved. 4 y Clifford Elias, representing Samuel S. Rogers and Edgewood Life Care, aro separate presented the Board with t packages, 1� large loose leaf book, called the Information Book; 2) a memorandum package for o�ficial records of this application. The Board accepted the packages. ,.; ".5 ' rn. I I P B 4323 Page'2, Mr. Elias asked that the Board visit the site and 1060 d Street where a model of the proposed is being displayed. The major difference in this application from the f preli plans is the location of the access road. There will be town w town sewer by the developer. Sixteen acres of the proposed pro= ' be disturbed. A new traffic study has been done with minimal i The proposed will be done in two phases, Sf il) I �Ii a1 ]I!il 1. health center and dwelling units 2. last two building nearest the lake, the pool + auditorium. The cost per unit will be around $190,000 with monthly +sal) I maintenance fees from 5900 to $1400. Some of the parking will 6e underground, 132 spaces and r)y, iIr kl spaces above ground for a total of 368 parking spaces. One hund I` seventy five (175) people have signed up already with sixty perc II !' (60x) North Andover residents. Hr Elias presented the Board wit samples of agreements. f Chris Huntress spoke on the circulation of the traffic f' ��1 Erich Nitzsehe stated that a workshop e would bappropriate on th d ' ' proposed it project. Erich suggested a site walk to view the access f' rk i, The Board will meet on Saturday, July 29, 1989 at 8:00 a.m. at it Osgood Street. John Simons commented on looking at the scala model in aC Ii; conjunction with the massing. Paul Hedstrom asked if a Form A P' existed, was it a legal lot of record. Mr. Elias said, "no, not George Perna asked for public input. Erich Wodlinger, at representing the Rockwell's, gave the Board a letter on issues hil client wanted addressed: access issues to be addressed as a subdivision 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained li 5. landscaping and screening to be done carefully. I �, li, ,lll Mr Wodlinger asked that the concerns be made part of the conditions. George Perna questioned why the access road was moved. C: Elias stated that there were two reasons for the access road beim conservation 2. safety rI, II{i I l 610C11 Attorney Arthur Hughes, representing the Mary Charles Esta. expressed concerns similar to those expressed by Eric Wodlinger, " I ) attorney for the Rockwell's. A motion was made by Paul Hedstrom to continue the public until August _0, 1989 and set up a workshop: Themot-on w I I� �) i'J'T Tll l 1 11 j i � 4 � I I M } 4r � } S - 346 good. Page 3: &n 432 F� 37 The Planning Board held a regular meeting on August 10, 1989 1.n nary the Town Hall, Library/Conference Room. The following members were er and presents George Perna, Chalrman;Erich Nitzsche, Jack Graham and Paul et will Hedstrom act. Erich Nitzsche read a letter from Chris Huntress to Clifford Elias. Clifford Elias stated that the Planning Board visited the site _ on July 29, 1989 as well as the office to see a scale model of the 9 the proposed projec�. t Mr. Elias stated that the Special Permit for a common driveway has been filed and the Form A Plan will be filed on August 11, 1989. Members of the Planning Board expressed concerns on the ,6 followings d t 1. Screening of parking 2. safety of intersection 3. traffic W. A discussion took.place between members of the Planning Board on setting up workshops. Some members expressed the need for them, others Dad. did not see the need. George Perna went over a letter from Choate, Hall & Stewart, attorneys for abutters, on issues and whether they were relative to planning or not, that letter is available in the file for inspection. A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1989 and direct the planner to draft a ,rney decision. The motion was seconded by Jack Graham and voted unanimously by those present. On August 24, 1989 the Planning Board held a regular meeting in the Town Hall, Library/Conference Room, The following members were presents George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Jack Graham. Abutters expressed concerns with crossing the access road. � A discussion took place on drainage. Mitigation of run-off will incorporate all off site flow to the Joe year storm event. Other issues discussed we=es the common driveway access to the farm being used; :ford security issues; agreements with trustees. Loved, A motion was made by John Simons to close the public hearing and { take the matter under advisement. The motion was seconded by Erich Nitzsche and voted unanimously by those present. On September 7, 1989 the Planning Board held a regular meeting in the Town Hall Selectmen's Meeting Room. The following members were presents George Perna, Chairman; John Simons, Clerk and Erich Nitzsche. Jack Graham and Paul Hedstrom were absent. e z _ r BK 4323 PG , , Page 4s A copy of a draft decision was distributed to the Board members. The Board is to review the draft decision and vote on at the September 21, 1989 meeting. On September 21, 1989 the planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Room. The following members were presents George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Paul Hedstrom. Jack Graham was absent. The Board members added to the draft that all relevant approvals must be obtained prior to issuance of a building permits. Incorporated into the decision will be concerns of D.P.W. which are addressed In a letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation. r. Housekeeping, in the language, was done on Conditions #5, Condition #17, and Condition # 20. � Motion was made by Paul Hedstrom to approve the Special Perait q drafts for Site Plan Review under Section 8.3; Section 13, Continuing Care Retirement Center; and 11.3, Planned Development Districts per � discussion and drafts as marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. sincerely, PLANNING BOARD GAim 91 ± Georg Perna, ., �.� Chairman cc: Director of Public Works , Board of Public Works Highway Surveyor Conservation Commission a Building Inspector Board of Health Assessors Police Chief Fire Chief s Applicant Engineer ��` File s 5 3 ,1.�-s P q-•t r 6K 4323 PG 349 �p SPECIAL PERMIT, 827E PLAN REVIEW - GRANTED UNDER SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW this The Plannlnp Board makes the following findings regarding section 8.3 of the Zoning Hy fi :. Special Permit as required by i 1, The proposed use and site design for this lot Are appropriate, due to it's location !n Town. ;. e. Adequat■ vehicular and pad access into the surrounding ' site has been provided. ._ G. in plan as shown and revised meets the 3, The landscap p PBylaws' µ ' requirements of %action 8.4 of the Zoning 4, The site drainapd system is designed in accordance with the s s Town Bylaw requirements. a, s S, The applicant has met 6ha requirement of the TownBfiewait• Plan Review as stated in SeCtion 8.3 of the Zoning y � µ g, Adequate and appropriate facilities will be provided for the ¢ proposed 4%a. t proper oper .35 of ation of the y,,1 f)u The Planning Board finds unde � n CompliesthwithnitheaTown that the proposed site plan generally � Bylaw requirements but requires minor conditions in order to be !n compliance with Town Bylaws. Completely lies Hoard finds that this proposal comp Finally, the Plannlnp as the With the Town of North Andover Hylaw wquirsments so longto following conditions are complied with. Therefore, st order he vel necessary to construct the fully comP1Y with the approval the facility as *pact fied ranbsin hoa Special Permit totheapplicant x i Planning Board hereby g provided -the following conditions are met' * i. ` e facilities including detention basins, shall be (1) All drainap � Y constructed and Rr onothe site- permit lled prior to any building z (2) An as-built plan and, P rofile shall be submitted for review � Z and approval prior to the final relsabshat°fa�lWutilltI@%bond have _ certified interim as-built verifying plans and profile a M. been installed in accordance a with th Cation of the binder Y ,s shall be submitted p all required inepeeti°^ bed coat of pavement. In addition, coating of water, sewer, and drainage facilities shall completed prior to binder Course paving. <3) y the North Andover Any changes on the plans required b i M1\ `� i BK ' 4323 PG 3 � >. rt Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. (4) All Planning Board Order of Conditions are to be placed upon y, y the recorded pians, t Cover Sheet ) prior to endorsement and filing with the.Registry of Deeds. - (S) Throughout all lands, tree cutting shall be kept to a r minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation pian donsistork with the $ "' Provisions of Section 5.8 of the North Andover Zoning Bylaws, to be ipproved by the Planning Staff prior to the applicant receiving a Building Permit. This Plan shall explicitly include specific trees to be retained. (6) The contractor shall contact Dig Safe at least 72 hours P prior to commencing any excavation. . (7) Sas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companion. (A) All catch basins sFiall be protected and Maintained with hay bales to prevent siltation into the drain lines during road construction.' cx (9) No open burning shall tie done except as is permitted during burning season under the Fire Department regulations. tit) No underground fuel storage shall be installed except as may be allowed by Town Regulations. (11) All buildings shall have residential fire sprinklers 4 installed prior to the issuance of the Certificate ofx Occupancy, per order NAFD. (12) Prior to a Certificate of Occupancy being issued for any structures, this site shall have.received all necessary permits and approvals from the North Andover Board of Health. =~ (13) Bonds, in an amount to be determined by the planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, sits screening and .other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement. (14) Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning -Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. (13) Crossing of the existing Right of Way shall not interfere ' _ L 'x. u GK 4323 'PG 351 ' -with that R.t1.W.. Stop signs shall be placed in both directions along the existing Right of Way. (16) There shall be me construction, tree cutting or sit* related drainage in the area of the parcel currently zoned R-1 Residence District (Watershed) without prior approval from the Planning Hoard. Details of the walkway, gazebo and gardening area as shown on the approved plan■ shall be submitted and approved by the Planning Board prior to t commencement of construction of said portions of the project. (17) Edgewood Lifecars, or any subsequent owner in few of lot 6, shall not subdivide the parcel. Prior to endorsement of the plans which are herein referenced, an open-space conservation easement shall be granted to the Trustees of r Reservations. That easement shall include all lands in this y parcel which are located within the Watershed. The extent of the easement and the accompanying documentation shall be subject to Planning Board approval. The open-space conservation easement shall allow-walking activities by L residents of the CCRC and their guests. (18) Prior to endorsemint of the plans', all off site utilities s=" shall be submitted to, and approved by the North Andover DPW. x t19) Prior to the 8uilding'Permit being issued for the first '. structure and again prior to occupancy of the first ` structure, the applicant shall receive a written determination from the Conservation Commission that all work under their jurisdiction is being satisfactorily preformed and maintained, w (E0) Thespecial permit granted under sections 10.31 10.31, PaK and 13 ( Special Permit, PDD, CCRC ) for this site shall S also be considered as part of this decision. �n (21) All construction on the parcel must conform to plans and € specifications herein referenced as part of this application. Any changes to the plans"or specifications must receive prior written approval from the Planning Board. i The following plans shall be deemed as part of the decisions x Rlans Entitled i Town of North Andover Massachuset"ts. Stevens Street Proposed Water and Sewer"Militias, s Dateds June 5, 1989 Drawn Sys 13C3 Associates Inc. ad Plans Entitlede Planopoga; Land, North ghic Plan, aAndover29/86 MA, Dated 4/11/89 i i r: BK 4323 PG 35 1 Ts Site Plan (Project), Dated 6/5/89 Project Planting and Lighting.Plan, Dated 6/e/69. = Site Plan (Entry), Dated 4/27/89 - " Site Plan. (Project), Dated.4/27/89 Grading and Drainage Plan (Entry)q .Dated 4/27/89 Grading and Drainage Plan Project), Dated 4/27/89 ,y Drawn SYS Earl R. Flansburgh 3 Associates Inc. Plan prepared fora Edgewood Life Care Inc. 001 Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors F Conservation Commission Police Chief Fire Chief Applicant Engineer File n -- g, � k } x j �j E1 �r l dF w3a ti� Town of North Andover Continuing Care Retirement Planning Department Center Special Permit (Modification) Town of North Andover Planning Board Application for Special Permit (MODIFICATION) Please type or print clearly. 1. Petitioner: Edgewood Retirement Community, Inc (Attn: Marlene R er ) g Petitioner's Address: 575 Osgood Street North Andover MA 01AQ E Telephone number: (978) 725-3300 r (a) (575 Osgood) Edgewood Retirement Co¢imunity, tics, 2. Owners of the Land: (b) (549 Osgood) Edgewood Retirement Prop6i-ties;aLC ,,,,— Address: —Address: 575 Osgood Street, North Andover, MA 01845 r_n =`3 Number of years of ownership:(a) 11+ years 3. Year lot was created: (b) 2+ years 4. Description of Proposed Project: See Additional Sheet 4 5. Description of Premises: See Additional Sheet 5 6. Address of Property Being Affected 575 and 549 Osgood Street Zoning District: R-2 Assessors: Map: 36 Lot# �, 1 7 l S & -19 Registry of Deeds: Book#: (a) 4378 Page#:(a) 115 (b) 9223 (b) 177 7. Existing Lot: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Proposed Lot(if applicable): N/A Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw): SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: f Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Existing Building(if applicable): N/A Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 11. Proposed Building: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? YES If so,when and for what type of construction?1989: CCRC 13. Section of Zoning Bylaw that Special Permit Is Being Requested Section 13.1 and 10/31 to Modify the Existing CCRC Special Permit granted October 5, 1989 (attached) 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B oard of this application as incomplete. 7 ! d Petitioner's Signatu e: 4 Marlene G. Rotering, Executive Director Print or type name here: dgewood Retirement Community, Inc. Owner's Signature: Marlene G. Rotering, Executiv( LEd g etire nt un ty, Inc. Director Print or type name here:(B Marlene G. Rotering, Manager Edgewood Retirement Properties, LLC 15. Please list title of plans and documents you will be attaching to this application. t ADDITIONAL SHEET 4 Proposed Project: The applicant has proposed to construct 22 new cottages of approximately 1850 S.F. each plus an attached garage and a greenhouse of approximately 720 S.F. There will be a new 20 foot wide roadway with individual driveways to access the cottages. There are two existing buildings that will be renovated into three units. The renovated buildings will use the existing building footprint. The project will remove six existing buildings, a gravel access drive and a parking area in the 100 foot buffer, up to the BVW along the east side of the property. 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. Along the access road to the Pre-School, the Applicant is proposing to remove approximately 3,500 S.F. of existing buildings within the 100 foot Wetland buffer zone up to the 25 foot buffer zone. A majority of the existing gravel drive will be relocated outside the 25 foot buffer zone and the driveway will be improved with a bituminous concrete surface. The improved way will be designed so that all new runoff will pitch toward catch basins away from the wetland. A treatment pond is proposed along the southern edge of the Area G area to treat runoff from new impervious surfaces. This will treat and convey the runoff before discharging into the wetland at the southern end of Area G. The remaining existing gravel way leading to Half Mile Hill and Town of Andover Conservation land will remain as is. There will be a fire access from the improved way to the existing parking lot just south of the proposed cottages. The project will include swales, bio-retention areas and catch basins to treat stormwater runoff from the project site prior to discharging toward the BVW. There are approximately six short landscape retaining walls proposed throughout the site. The proposed development of the site results in a net increase in impervious area of approximately 74,560-sf. Work proposed within the 25'-buffer"No Disturb Zone" consists of removal of impervious surfaces and access way improvements. Construction activities performed in the"No Disturb Zone"will require extreme care not to disturb more land than necessary. Conservation plantings will provide opportunities to remove invasive species and add native species to the area. {14327\77611\A0133639.1) r ADDITIONAL.SHEET 5 Existing Site Conditions: The existing site at 575 Osgood Street consists of a Continuing Care Retirement Community ("CRRC') originally approved in the 1990's. The site consists of a main building, a health care facility and residential units. The new parcel under consideration has 8 structures (6 barns and 2 dwellings) on over 17 acres of farm land. The parcel generally slopes down (elevation 169 to 154)from the northern portion of the site to the existing paved driveway that leads to the main buildings.Analysis of the existing drainage patterns takes into account off site areas north and east of the locus. There are two gravel driveways and a small gravel parking area. The property is surrounded by wetlands and Permanent Open Space Conservation Land. There is a gravel drive that leads to the Family Cooperative Pre-School east of the site. This is the only access to the school. This gravel drive also leads to conservation land (Half Mile Hill). There are mature trees that line the gravel access to the school. A Conservation Restriction Easement extends approximately 300 feet to the north of the paved driveway running to the eastern property line. (14327\77611\A0133638.1) 4 MEMORANDUM IN SUPPORT OF APPLICATIONS FOR SPECIAL PERMITS 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 any 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 My 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 25 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 25 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 22 "cottage"units plus 3 units in existing structures 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. A Special Permit has been requested from the ZBA relating solely to the alteration of an existing dairy barn into 2 independent dwelling units. It is critical to note that the 25 Replacement Cottage Units conform in all respects to the Dimensional Requirements of Section 7 and Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers(CCRC's). 114327\7761 I\AO133640.1) 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 25 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. 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. 6. The Site Plans submitted with these Applications for Special Permitsshow 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 simRly 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 25 additional Independent Dwelling Units,bringing the total onsite to be 244 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 25 units, which at 244 total units will still keep (1432Z7761 I\A0133640.1} 2 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 1432717761M0133640 1 3 Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feel of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Map Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover, MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Ass so ffice as of Certified b: Date NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A. ContinuinjZ Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care 10/5/93 Retirement Center -Recorded at Book 3983, Page 268 2/15/94 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D. Access Strip to Marv.Charles Property • Frontage Special Permit • 10/24/95 -Recorded at Book 4384, Page 99 10/24/95 {14327\64824\A0131463.1} Conservation Commission Dated • Conservation Restriction • 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 • Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 {14327\64824\A0131463.1} BK .335 - � TOW1�CLEAT( TOWN OF NORTH .&NDO $R Ii0A1HAHD0VER HASSACHUSETT'$ . . V. 4 a � a be-iled ' e AM r-the ,Ivitninl : sicy NOTICE OF DECISION ti YG �ieteaf#ii 00 -the Town 80 4n the W 31989 T:-3410 Date.R44R§'K a....».............. hT:7 .IY00 drflW Date OZ Hearing All 1 89 X Petition Df .$iT9e1 8s.'"l ane Ed*geruodcar..uc..._.................. Premieee affected . 3ut,�ide of strut ............................. t Referring to the above petition for a apaeial_permit from the requirements - of the12.3.'= ad i �twrtb.aador�r.ioaia4cPnctl :}D.�pr�.6P*�CSIX. #gt. iaAha.31 Conditions for Spproval Af Special-; section 11.3.- tiro° t'-0antae Cara ao as to permit kh"e'coaiE"racFil 'of z'wmtfridilagt t i IritltiiMt'G:dtit: •• ' .t 4.y ............-......�.............. .. ...... ....... .. ..y..... ......... •� W After a public-hearirrg given pn the above date,the-Planning Board voted Cooditionallp x to arpso..........the .special.ram:ttm............................... ......... 70 ' based upon the following conditions: cc: Director of Public Mone Signed Hoard of Public *ofks righ-7-su-nor GacrSL".P P w I.sT r r.�r.s,�........ Hdldiaq ruspector Hoard of sealth - Sodm$i !J Clark Conservation Comaimsion Assessors Erich ltitzscha................. Police chief .- lite.Chief Paul Hedstroa Applicant T' u41neeS File, Intareaied Parties Piang oard 7 � Y: t� - {�sx T; I I ' BK 433 PG! ;Omc gs OF: "` Townof 120 Main stn' to mi,*' NORTH ANDOVER c r ! ")� CONSERVAT{ON HEALTH nrvlsm of. Uael ea2ete! PL1W4M PLANNING COMMUNITY DEVELOPMENT KAREN H P.NELSON,DIRECTOR . October 5, 1989 y 5 Hr. Daniel Long, Town Clerk r.. Eti I,gl,l�it Town Hall 120 Hain Street ..r linah Andover, HA 01845 .. Ed Rex ewood Life; .-�3E57 �iF x it g :. Special Permits u'; Section 8:3;"'Site; h, Review; S-ection 1 hI Continuing Care Retirenent`Center I I Sertion 11.3, Pla I�la'�I 3hI Development Distr'. W-27:5 (! t Dear Hr. Longi WM5 FIE 1 'q, I13 The Horth Andover Planning :Baard held a p-ablib hgaring an 21, 1989 in she Sown Hall, Li-bray1Cznferei ce Raom, od.,tH appllcas of Samuel 6. 'Rogers end Edgewomd life Care, 1 Johnson $trees, 2tartl Andover, HA. Rha beari-nq was duly advertised in the North 1kruiover lilt.Il fitiz-en nn Jelly S and July 13, 19" and all parties of interest-v&:: 1�1� j, notified. .The fallowing members were present and votingx'Gmorge Pc { Chairman; John Shona, Clerk; Erich Nitzsche, Jack Graham and Paul I�l1 ?{4 ell, Hedstrom. Mil SIi.I(I,'�' The petitioner is requ-esting Special :Perm its under Sect--on Section 10.31; Sertion 11.3 and Section 13 of the North Andover Zorl Bylaw as thley relate to a Lontinuing Care Retirement Center and See 8.3, bite Plana Review. The purpose of the the,Slse Blan is to construct a building L25,B12 ft., three (3) story, 250 dwelling all B units, 15.bed loo term nursing facility of a Continuing Care M II rel lh �� d Retirement Center on 62.29 acres, mnrs al less on thm mast side of �,I SII 'illi; Osgood Street in a Residential-1 (R-1) and Residential-2 (R-2) Soni f illi, l,i, r III District. and Watershed Overlay Distrirt. �� i 11 lll1 li, I JAhn Simons read the legal notices to open the public heart on the spmcial permits. Jahn Simons stated teras there -were several.. I I I[ a letters and other.roorres_pond-encm in the file for public inspection. ra-,x� �,;�1, Il ? George Perna asked Chris Huntress to comment o-n the �eIII � I application. Chris stated'that the applicant had tern before the Technical Review Comrittee and that a number of issues were resolve; I'�IS{�ylgati':i 3z cat. BILI I { j Clifford Elias, representing Samuel S'. Rogers and £dgewood Care, prasenaed the Board with two separate packages x 11 large loosi al ?r leaf book, called the Informat4on Boos; 2) a memorandum package -for jIII {Illi �i[ � official records of this applicasinn. The Board accepted the peeks 'a I , s I x, 1 { wl ti _ n I I I , t.1 ' 7 ' BK 4 T7 Hr. Elias asked that the Board visit the site and 1060 Osgood,; Street where a model of the proposed is being displayed. The major difference in this application from the preliminary , pians is the location of the access road. There will be town water and teen sewerby the developer. Sixteen acres of the proposed project will be disturbed. A new traffic study has been done with minimal impact. MR— The proposed will be done in two phasea, health center and dwelling units 2. last two building nearest the lake, the pool and the auditorium. The cost -per unit will be around £190,000 with monthly n maintenance fees from $900 to $1400. Some of the parking will be underground, 132 spaces and 236 � - apaces above ground for a total of 368 parking spaces. One hundred seventy five (175) people have signed up already with sixty percent (601) North Andover residents. Hr Elias presented the Board with samples of agreements: . Chris Huntress spoke on the circulation of the traffic`f low. y ; Erich Nitzsche atated that a workshop would. be appropriate on the s 3: proposed project. Erich suggested a-site walk to -view the access road. The Board wit- meat on Saturday, July 29, 19_89 at 8,00 a.m. at 1060 s Osgood Street. John Simons commented on looking at the scale model in conjuacticLE-Vith-the sassing. Paul Hedstrom naked it a Form A Plan efiated, was it a legal lot of record. Hr. -Elias said,. 'no, not yet." f George Perna asked for public input. Erich Hodlinger, attorney representingthe Rockwell's, gave the Board a letter on issues his yeas s client wanted addressed, � xr 1. access issues to be addressed as d subdivision 2. drainage ~ 3. public utilities for abutting owners 4. emergency access to be maintained i, 5. landscaping end screening to b.e.done carefully. Hr Wodl-inger asked that the concerns be made part'of the i conditions. _ George Perna questioned why the access 'road was moved. Clifford E1i�s" stated that there were two reasons for the access road being moved, ' 1. conser-vation �Q:4Zxs s r';5 2. safety . Attorney Arthur Hughes, representing the Hary Charles Estate, expressed concerns similar to those expressed by Eric Wodlinger, attorney for the Rockwell's. A mot'nn was made by Paul Hedstrom to. continue the public hearing unt_'_ A,cusr. 10, 1989 and set up a workshop.' 'The motion was �4:1, .. __. :-Rn al .3,1 those fit°- WI �l4! I :I , BK 4323 P� Page 3: The Planning Board held a regular meeting on August 10, 1R is tl the Town Hall, Library/Conference Room. The following members we,)j 3 present, George Perna, Chairman;Erich Nitzsche, Jack Graham and Y Hedstrom i 5 y F' �' Erich Nitzsche read a letter from Chris Huntress to Cliffe. Elias. Clifford Elias stated that the Planning Board visited theWI r ,I I; on July 29, 1989 as well as the ooffice to see a scale model of the 44 project. { 1 proposed a Mr. Elias stated that the Special Permit for a common driv I� i ,y , has been filed and the Form A Plan will be filed on August 11, 198. g t' ccs, J-.I s I !!I 9 s Members of the Pi annins Board expressed concerns on the a,,� I I , ,I ! g ..... following: Screening of parking 2. safety of intersection y = 5 3. traffic p �II1 I A discussion too-k_place between members of the Planning So: setting up workshops. Some members expressed the need for them, o' EI did not see the need. George Perna went ove= a 'letter from Choate, Hall & Stewar, attorneys for abutters, on issues and whether they were relative tc planning or -not, that letter is available in the file for ins-pectic y public A motion was made b Paul Hedstrom to continue the srl'i dl?"i hearing until August 24, 1989 and direct the planner to draft a decision. The motion was seconded by Jack Graham and voted uranimo by those present. II ,.: On August 24, 1989 the Planning Board held a regular meetin! ` sj atl EI F I� id! I„ the Toon Hall Libra, /Conference Room. The following members were y 9 present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche; r�nl}}}I i� ,i as "�I Jack Graham. 4'� � - Ahutters expressed concerns with crossing the access road. rskl1�4 I { A discussion took place on drainage. Mitigation of run-off: incorporate all off site flow to the 100 year storm event. other L I � discussed were: the common driveway access to the farm being used; Ejl li'j ` security issues; agreements with trustees. A motion was made by John Simons to close the public hearing' take the matter under advisement. The motion was seconded by Ericl Nitzsche and voted unanimously by those present. On Se I', Illy,'. ptember 7, 1989 the Planning Beard'held aregular.meetj in the Town Hall Selectmen's Meeting Room. The following members we' Fpresent, George Perna, Chairman, Jahn Simons, Cie.k and Erich Nitzsc 1I 1i`IIf i Li Jack Graham and Paul Hedstrom were absent. fl , u T I ltl � l :. F I [[ r , +t 'I 1 1 , ' 3 r 444 ''' •fit• 8K 4323 PG 339 `- Page 1: A copy of a draft decision was distributed to the Board 1 members. The Board is to review the draft decision and vote on at the _ September 21, 1989 meeting. On September 21, 1989 the Planning Board held a regular meeting ;e in the Town Hall, Selectmen's Heeting Room. The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and M t: T Paul Hedstrom. Jack Graham vas absent. ,y _ �� The Board members added to the draft that all relevant approvals must be obtained prior to issuance of a building permits. Incorporated into the decision will he concerns of D.P.W. which are addressed in a k letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation, Housekeeping, in the language, was done on Conditions 45, Condition i17, and Condition # 2e. Notion was Wade by Paul Hedstrom to approve the Special Permit on drafts for Site Plan Review under Section 8.3; Section 13, Continuing - Care Retirement Center; and 11.3, Planned Development Districts er s ddiscussion and drafts as marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. Sincerely, Y F PLANNING BOARD ryk r x George Perna, Chairman cc: Director of Public Works Board of Public Works Highway Surveyor Conservation Cammission si.= Building Inspector Board of Health Assessors Police Chief d Fire Chief Applicant Engineer File sr , BK 4323 i� - - - r talk i . rI Y,�rll yiI cnf3E4:�t'+n ►-IFEGARE, spECIAL PERMIT FOR A CONTINUINO CARE RETIREMENT CENTER I'I ilwl AND PLANNED DEVELOPMENT DISTRICT (PDD) - GRANTED lNIOER JL.3 AND 13 OF THE NORTH ANDOVER ZONINS HYLAR The Planning Hoard makes the following findings repardi special Permit as required by sections 10.3, 10.31, 11.3: a �al of the Zoning Hylawst w + y` '�1,� I 4I 1. The proposed use and site design for this lot are 4 appropriate, due to it's location in Town. 2. -Lan access into the Burr Adequate vehicular and pedestr r site has been provided. 3. Th• landseapSnp' plan as shown and ravSsed, roosts the requirements of section 8.4 of the Zoning Bylaws- a { LG � .liilr I 4. ,The *its drainage system is designed in accordance WSI Town Bylaw requirereents. SII { 1� II 6, The applicant has met the requirement• o! the Town !a Plan Review as stated in Section 8.3 of the Zoning Byl sE 8. Adequate and appropriate facilities will be provided proper operation of the proposed use. fI The Planning Board -finds under Sect ions a.35, 10.31 10 3' � � Ilr,III f and 13 (CORM and PDD) of the Zoning Bylaw that the propos; p , pian generally complies with the Town Bylaw raqulrsmeni requires minor oendition& in order to he completely in com1. with Town Bylaws, Finally, the Planning Board finds that this proposal c. 'tn 4 jl�lI �ylE with the Town of North Andover Bylaw requirements so long following conditions are complied with. Therefore, In a; gh13'aH�F�i�r fully comply with .the approval necessary to Constru h t� facility as specified in the Special Permit before Planning Board hereby grants a special Pernit to the ap provided the following conditions ars mete (1) The project nay contain 192 congregate housing units the use of the open epac• bonus or the affordable hc, bonus. (2) If the project takes advantage of the open space bonii �h Illi jlll I'' it may contain 221 congregate housing units. If, in addition to the open space bonus, the applicatt to construct more than 221 units, than the project m r �� al sle a y;l contain up to 250 units upon tha payment to the Town . I I � I 1y I ' i. 3i t i�f V. ow 3 1 r i' 340 K 4323 PG 341 No Dyiiwr Yn nfndous anteshallcth+re b. unhe ttslin6t+xcrss�of RC), 44 250. YCNS - (q) The architectural style and design of the CCRC shall be of colonial design, in wood frame or lap siding eonsbrEdpewood v consistent with the style and design of the nearby dh13 is Farm buildings. (5) All cones", raised by the DPN in the July 27, 1989 letter from Mr. Nilliaa Hourciak� as listed below, ad to, must be properly be l must '$ addressed wdd hy1DRNlprior toAnt the planning Boardan a PP the record plans. ding Y : a. Show entire water main and crossing utilities on the off site plan, z�w the mill pond is not acceptable. b. The aethod of crossing nd crossings ars not shown The existing culverts at the Po the ` correctly on the plan. The water Hain as d+siy]n■d will ' block the culverts. Ito c. The existing 12"-water gain stub at Pl+asantist»let sdedis a plumped bell, therefore no dresser coupling the d. CChange th metad hod to Millpond ounibsn to +47sand 53.xiting tAddmaanl2° 11.3 �3 gate valve on the north side of Harkaway Road. site +, The existing 6" wator -main on Stevens Street should b+ but Theeliminatsd. The isrvices to house �r lE0 and s� cross be Arco connected to the new 12" main and the p*oPo 3 conrnetlon at the 6" dead and may be eliminated. 4 7Y 100 foot stationing on the plan. liss f, Show the r to g, The lE" - ]/8 bends at station t8 } 90 are not necessary. the bhesj` h. the connection to the existing D' water main on Qsp°Od cant gtr■st at the protect entrance shall b+ gate e" x e" tapping sle+ve'and vawive. A 12" stub and pat■ valva s should b+ provided for future extension in a northerly hout direction- no Maximum distance betwsen sewer manholes is 300 fret. then r'°f Rrovido profiles of on site roadway and utilities. }. wish k, Show all utilities on one site plan. 1' should iconnected to the miS ' r Thu in tat■rma ��4v_ f l , 23 R 8K 43.a G � It j „. Show details of utility crossings under buildings. n. The number of bends used in the SE" water Hain shout+ d n � ' + P kept to a minimum. . o. Show rims and inverts on drainage plan. Gil I I I #� ;�Il si�, (''�' •� P. Provide detail sheets of roadway and drainage facility fij ' q. The design of dralnaps from areas B-1-A and B-1-B dal. not consider the potential for reduction of effectdvt e f, flow area of catch basins during adverts conditions. Olt ! r. Provide data showing the projected water consumption projeated average daily sewage flaw for the community. i ) i It`', A D.E.P. D.W.P.C. sewer system extension permit must obtained prior to sewer construction. Y. t. Provide a plan for phased construction and erosion t 14 cohtroi. 44 hjr)fl (6) All existing trial of greater thiln 12" Diameter with 25' the existing tree line shall be shown and labelled on thr �iP 'j'�I site plan. ! 1 : (7) The following material has been reviewed by the planning', s . iIrrGl I Board and staff in this Public hesring process and shall considered as part of this decisions b ', (1) Packet entitladi EDOEWOOD LIFE CARE,_A CONTINU RETSREMENT CENTER FOR THE! (41 'Il� �;,1,, TOWN OF NORTH ANDOVER. (21 Packet antitledt MEMORANDUM OF LAW AND FACTS, presented by Samuel S. Rogers t: Edgewood Life Care, Inc. l (8) The Special Permit granted under section 8.3 (Site Plan Review) of the Zoning Bylaw for this sitr, shall also be deemed as part of this decision. iillu� ? 1 The following plans shall be dammed as .part of the decisions Plans [ntitled1 Town of North Andover Massachusetts. Stevens Street Proposed Water and Sewer Facilities. Dateds June 5, 1989 �ali,�Cit s F' Drawn Byo OCs Associates Inc. E( i11 � Plans Entitladi Topographic Plan, Dated 12/29/88 rKl [ 1 Plan of Land, North Andover MA, Dated 4/11/89 i ggi Yf 3 } as r.• ,, : y na+ I. 4 k¢ rr Z _43i � PG '343 ' 1 Z <' f 1 Site Plan (project), Dated 6/t/89 Project Planting and Lighbinp Plan, Dated 6/2/89' Site Plan (Entry) —Dated 4'97/89 Z site Plan (proJeot),'Dated..4/V/89 '(E Grading and Drainage Plan ntry), :Datsd 4/27/89 Brading and Drainage Plin Dated D ..._ g v Plans Drawn By' Earl R.. Flansburgh i Associates Inc sS t Plan prepared fore Edgewood Life Carl z•. _ y' - cc[ Director of Public Works Board of Public Works Highway surveyor Building Inspector Board of Health kAi Assessors 3 4 H Conservation Commission � . Po;ice Chief . _ Fire Chiefrti Applicant r - - ".... Engineer ] 011eASS u:. ti i 2 .. . . . «:.._.... :.. �. �'ZFM mum mo I I. RMIYEd or N o RT H ANDOVER DANIEL LONG / MASBACHUSETrt3 T(IWNC.. NOR k�ODVvfR. tT ilia i Any appeal shall tofiled .aa SSV Within(,20),dayaffterlhe date t�f#illisgafxtiisNotice NOTICE DF DECISION Jii 11 In-the Office af the Town E 1 perk . :r ser �' I.1'�i 4 •� I�Ysky�ppjy�,� .... hI'I Date of Hearingpte!� Petition of .. °°;E:6'°�[°r".ut;3.�3�e.00a r if,a earn Inc. ~ Premises affected oast .ids at Osgood Street ;I.. •• •..............................-...... Referring to the above petition for a special permit from the requtrementF( di°I�I g¢S 9 of the .:north.anaoQ.a,ami++s-7�Y�..Sec#oa.Y.3..sito.il+wAa'd�ac... so as to permit»ths.cwtxuctiq:y q�+ b;at]ri1aC.15.813.w.>;t....t4�e►n.ttgrg,(3J.: 1 ��r"� `j�� 11' 3SA.d�rnlliag,vuita..45 J>hd.l4og figs RAFfK+4.#i�llSC3f.Rr..i. Retirement Canter. dcAF.p...... ArA+odional public hearing-given on-the above date, the Planning Board voted' If11 C to AMR-P.._.......the Sits Plan.Review 1!N'4PM!1 t1�a'CI�I Il l y l I 1 based upon the foHowtng conditions: ' ec= Director of Public Yorke IHoard of Public Yorks girl rIi��r 4t!`f! Highway SOLvapor i�tkI )' aa : building Impactor 61 ` IJs Hoard of Health Signed consetimtion ' ,1 aasaaacra COmaisaioa cF4F94.$f?49c q ■rl ql l �,II a j Pira Chief ,Jahn,8iaoas� Ciark Applicant 3tng1-omnr ,3rich.lfitsache...... File, Interested Parties _ n-x 11 r 2 Pa...L. II...tree. . .. ......................v ' 1 Il ' Plaiudng'"Board' "c _, �I IIS 1 r k sd_ 1I i +e 1ti F' 1 11a n F 4A - OFFFCES OF: .^. 14 Town of 6K 4ELM 345 aciu arvc NORTH ANDOVER ,users 01645 f,ONSVATtON DIVISION'OF (508)682.8483 ,G FLANNING PLANNING 14 COMMUNITY DEVELOPMENT =:s - KAREN H.P.NELSON,D[FtECTOR October 5, 1989 i. Hr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Edgewood Lae Care Special Permits under N u' Section 8.3, Site Plan r Review; Section 13, Continuing Care Retirement Center; Section 11.3, Planned Development District Y Dear 14r. Longi The Korth Andover Planning Board held a public hearing on July r y/Conference Room, 27, 1989 in the Town Hall, Libraran the applications of Samuel S. Rogers and Edgewood Life Care, 1 Johnson Street, North � Andover, MA. The hearing rtes duly advertised in the North Andover s Citizen on July 6 and July 13, 1989 and all parties of interest were v notified. The following members were present and voting;aham Georandge Perna, JacChairman; John Simons, Clerk; Erich Nitzsche, Hedszrom. All The petitioner is requesting Special Permits under Section 1.0.3; w k section 10.31; Section 11.3 and Section 13 of the NorthAndover Zoning Bylaw as they relate to a Continuing Care Retirement Center and Section ti 8.3, Site Plans Review. The purpose of the the Site Pian is to construct a building 125,812 sq.ft., three (31 story, 250 dwelling x, units, 45 bed long term nursing facility of a Continuing Care �, ? Retirement Center on 62,29 acres, more of less on the east side of Osgood Street in a Residential-1 (R-11 and Residential-2 (R-21 Zoning District and Watershed Overlay District. f, John Simons lead the legal notices to open the public hearings on the special permits. John Simons stated that there were several r. letters and other correspondence in the file for public inspection. George Perna asked Chris Huntress to comment on the v %^ application: Chris stated that the applicant had been before the Technical Review Committee and that a number of issues were resolved. Clifford lilies, representing Samuel s. Rogers and Edgewood Life Care, presented the Board with two separate packages 1) large loose leaf book, called the Information Book; 21 a memorandum package for official records of this application. The Board accepted the packages. y 5— P.— c3 x: 9' r ! Page 4323 age 20 4 }{ Mr. Elias asked that the Board visit the site and leb0 l i l Street where a model of the proposed is being displayed. z II�- � a �ply, The major difference in this application from the preli' k �rtl lid,'; plans is the location of the access road. There will be town w' r 3j� ` I,f a� II town sewer by the developer. Sixteen acres of the proposed pro' as l dI be disturbed, A new traffic study has been done with minimal i rl Iii + 14' The proposed will be done in two phasesc �I I ' health center and dwelling units 2. last two building nearest the auditorium. lake, the pool The cost per unit will be around $190,000 with monthly maintenance fees from 5990 to $1490. { 1 € ,T,(�' Some of the parking will be underground, 132 spaces and spaces above ground for a total of 368 parking spaces. One hundj seventy five (175) people have signed up already with sixty perc; (60-2J North Andover residents. samples Mr Elias presented the Board wit 1 of agreements. Chris Huntress spoke on the circulation of the traffic f' 1 ,I ' Erich Nitzsche stated that a workshop would be appropriate on thi ii, proposed project. Erich suggested a site walk to view the access: ER� IILi' I The Board will meet on Saturday, July 29, 1989 at 8:00 a.m. at It Osgood Street. Pilli Jahn Simons commented on locking at the scale model in conjunction with the passing. Paul Hedstrom asked if a Form A P: y �� dl I � 11I existed, was it a legal lot of record, Mr. Elias said, "no, not �, , �I� j George Perna asked for public input. Erich Wodlinger, at, r ! representing the Rockwell's, gave the Board a letter on issues,hl; E Client wanted addressed; I fit' access issues to be addressed as a subdivision 2. drainage 3• public utilities for abutting owners 4. emergency access to be maintained 5• landscaping and screening to be done carefully. I'I it 'ii Mr Wodlinger asked that the concerns be made part of the conditions. George Perna questioned why the access road was moved, C: Elias stated that there were two reasons for the access road being conservation �u8 �II I�3�r ! i t iI 2. safety ., Ali Iii; 3 Attorney Arthur Hughes, representing the Mary Charles Esta rv;- expressed concerns similar to those expressed by Eric attorney for the Rockwell's. Hod linger, I I s Ili i7 II A motion was made by Paul Hedstrom to continue the public t I � `-Carina tot:_ ,4ugust 1969 and set up a workshop; Thar. ❑ot_ n a s — , n. 1,it I nl rt qq ( I, Y4 � Jf a I e � if 11� Ski �` fa E•a 1 II�,C��I_ j 1 Irqk iq C� a I 't it I f i� p�Sl.i fG!' iJry fls{" 1 346 � Page 3: 61" 4323 PG 347 ood. The Planning Board held a regular meeting on August 10, 1989 in ary the Town Hall, Library/Conference Room. The following members were r and present: George Pecaa, Chairman;Erich Hitzsche, Jack Graham and Paul t will Hedstrom Erich Hitzsche read a letter from Chris Huntress to Clifford _ Elias. Clifford Elias stated that the Planning Board visited the site on July 29, 1989 as well as the office to see a scale model of the the proposed projec�, Hr. Elias stated that the Special Permit for a common driveway - has been filed and the Form A Plan will be filed on August 11, 1989. Members of the Planning Board expressed concerns on the following, 1. Screening of parking 2. safety of intersection 3. traffic A discussion took place between members of the Planning Board on setting up workshops. Some members expressed the need for them, others id. did not see the need. George Perna went over a letter from Choate, Hall a Stewart, attorneys for abutters, on issues and whether they were relative to planning or not, that letter is available in the file for inspection. A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1989 and direct the planner to draft a ney decision. The motion was seconded by Jack Graham and voted unanimously by those present, On August 24, 1989 the Planning Board held a regular meeting in aZ the Town Hall, Library/Conference Room. The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Jack Graham. - Abutters expressed concerns with crossing the access road. j A discussion took place on drainage. Mitigation of run-off will incorporate all off site flow to the 100 year storm event. Other issues discussed we=e: the common driveway access to the farm being used; ord security issues; agreements with trustees. ved, - A motion was made by John Simons to close the public hearing and take the matter under advisement. The motion was seconded by Erich Y Nitzsche and voted unanimously by those present. rz� 4 � On September 7, 1989 the Planning Board held a regular meeting in the Town Hall Selectmen's Meeting Room. The following members were ,present, George Perna, Chairman; John Simons, Clerk and Erich Nitzsche. Jack Graham and Paul Hedstrom were absent. =,f F - 5 - { w w� 3� � Y { 8K 43213 Page 4 A copy of a draft decision was distributed to the Board members. The Board is to review the draft decision and vote on at the September 21, 1989 meetings On September 21, 1989 the Planning Board held a regular meeting in the Town Hall, selectmen's Meeting Room. The following members wee& ' present; George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Paul Hedstrom. Jack Graham was absent. The Board members added to the draft that all relevant approvals must be obtained prior to issuance of a building permits. Incorporated into the decision will be concerns of D.P.W. which are addressed 1n a '_ letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation. Housekeeping, in the language, was done on Conditions #5, Condition t17, and Condition # 20. _�- Motion was made by Paul Hedstrom to approve the Special Permit drafts for Site Plan Review under Section 8.3; Section 13, Continuing a f s.. Care Retirement Center; and 11.3, Planned Development Districts per discussion and drafts as marked up and directing the Planner, Chris Huntress to put in final form as discussed. The nation was seconded by ° Erich Nitzsche and voted unanimously by those present. 01z A list of those conditions are attached. Sincerely, &Q t PLANNING BOARD ` Georg PeIs, Chairman Mfrs cc! Director of Public Works Board of Public Works . Highway Surveyor Conservation Commission x,o- Building Inspector Board of Healthy Assessors r {'" Police Chief ` 4 A Fire Chief Applicant Engineer £ x x File $q ".i a email AM0T 6K 4313 PG 349 ' M :x SPECIAL PERMIT, BITE PLAN REVIEW GRANTED UNDER SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW finding■ regarding this The planning Board makes bha following rr the Zoning Bylaws' 8pscial Permit as required by $action 8.3 of 1. The proposed use and $its design for this lot are ..' appropriate, due to it's location in Town. g, Adequate vehicular and pedestrian access into the our site has been provided. 3. The landscaping Plan as shown and revised, meets the requirement: of section 8.4 of the Zoning Bylaws' a 4. The site drainage system is designed in accordance with the Town Bylaw requirements. s. The applicant has met the requirements of the Town fi�W8lta �ck :gym 4 plan Review as stated in Section 8.3 of the Zoning By ¢ S. Adequate and appropriate facilities will be provided for the I r. n proper Operation of the proposed use. Df a3 a;: The Planning Board find■ unda�n.�llyn B-35 C complleathwibhnithe Town ". ' that the proposed site plan g 4:. Bylaw requirements but require$ nlni�wfcnditions !n order to 6s completely in compliance with Town By F this pro oral complies Finally, the Planning Board finds that uirements so long as the 4tl with the Town of North Andover Bylaw req following conditions are complied with. Therefore, in °rdsr to royal necessary to construct the i fully comply with the app �eL facility as specified in the Specia3 permit before us, the Board hereby grants a Special Permit to the applicant a- Planning conditions are mets q' provided -the following shall bs (l) All drainaga facilities including detention basins, : constructed and erosion controlled prior to any buildings M s permit being issued on the Oita. _ (2) An as-built plan and. profile shall be submitted for reviewA and approval prior to the final release of DPW bond-littoo h 147 r certified interim as-built verifying bhalansiandiProfile hays } bean inatalLsd to accordance with licahe tion of the binder shall be submitted prior to the aPP ll required tnspeetion end coat of pavement. In r, and d nae facilities shall be rms testing of water, sewer, and drainage . completed prior to binder course paving. ans required by the North Andover (3) Any changas on the pl F 5,N GK 4323 PG 3 Conservation Commission nay be subject to Modification under Chapter 41 by the Planning Board. (4) All Planning Board Order of Conditions are to be placed upon , the recorded plans, ( Cover Sheet ) prior to andorsemant and filing with the Registry of Deeds. s (5) Throughout all lands, tree cutting shall 64 kept to a minimum in ardor to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan consistent with the provisions of Section 5.6 of the North Andover Zoning Bylaws, to be approved by the Planning Staff prior to the applicant receiving a Building Permit. This Plan shall F' explicitly include specific trees to be retained. (6) rho contractor shall contact Dig Safe at least 72 hours i prior to commencing any excavation. (7) Sas, Telephone, Cable and Electric utilities shall be 3� y installed as specified by the respective utility companies. k` (B) All catch basins *Hall be protected and maintained with hay bales to prevent siltation into the drain lines during road construction. (9) No open burning shall tie done except as is permitted during K burning season under the Fire Department regulations. (10) No underground fuel storage shall be Installed except as may be allowed by Town Regulations. (31) All buildings shall have residential fire sprinklers � Installed prior to the issuance of the Certificate of Occupancy, per order NAFD. (12) Prior to a Certificate of Occupancy being Issued for any Y + structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. (13) Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening and .other pertinent public amenities. These bonds shall be in the form of a Tri—Party Agreement. (14) Prior to a Certificate of Occupancy being Issued for any structures, the site shall be reviewed by the Planning .Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. (15) Crossing of the existing Right of Way shall not interfere ya k �! PG 35 1 4 with that R.O.W.. Stop signs shall be placed in both directions along the •Kisting Right of Way. (16) There shall be no construction, tree cutting or site related drainage in the area of the parcel currently zoned R-1 Residence District (Watershed) without prior approval from the Planning Board. Details of the walkway, gazebo and gardening area as shown on the approved plans shall be submitted and approved by the Planning Board prior to commencement of construction of said portions of the project. r (17) Edgewood Lifeeareor any subsequent owner in fee of lot 6, shall not subdivide the parcel. Prior to endorsement of the plans which are herein referenced, an open-speer .:. conservation easement shall be granted to the Trustees of e a: Reservations. That easement shall include all lands in this - parcel which are located within the Watershed. The extent of " the easement and the accompanying documentation shall be subject to Planning Board approval. The open-space conservation easement shall allow walking activities by ' residents of the CCRC and their guests. (18) Prior to endorsement of the plandr, all off site utilities shall 6s submitted to, and approved by the North Andover DPW. s f19) Prior to the Building Per)nit beinp.lssued for the first � +af�. structure and again prior to occupancy of the first } Q structure, the applicant shall receive a written :4 { determination from the Conservation Commission that all work under their jurisdiction is being satisfactorily preformed r , and maintained. ? K �t (20) The special permit pranced under sections 10.3, 10.31, 11.3, and 13 ( Special Permit, PDD, CCRC ) for this site shall nF � iS also be considered as part of this decision. n` - (21) All construction on the parcel must conform to plans and ,.; - referenced as part of this specifications herein application. Any changes to the plane'or specifications must receive prior written approval from the Planning Board. The following plans shall be deemed as part of the decision' 3 _ Plane Entitledi Town of North Andover Massaehutetts. Stevens Street Proposed Water and Sewer Ms. Detect June 5, 1989 Drawn Byi 8C8 Associates Inc. Plans Entitlede PlangofgLandPlNorthDated Andover2MA, 0 ted 4/11/89 u B 4323 PG 35 t, : £gi7 Site Plan (Project), Dated 6/5/89 Project PIanting and Lighting Plan, Dated 6/E169 Site Plan (Entry), Dated 4/87/89 Site Plan (Project), Dated.4/27/89 Grading and Drainage Plan (Ent ry)I Dated 4/27/89 Grading and Drainage Plan (Project), Dated 4/27/89 Y Drawn Byt Earl R. Flansburgh & Associates Inc. Plan prepared fort Edgewood Life Gare Inc. cci Director of Public Works to Board of Pub.lic Works Highway Surveyor Building Inspector 5>F � Board of Health ? Assessors ,� € Conservation Commission Police Chief Fire Chief Applicant fi Engineer File tS! x t$ 64 r A �f ! i _ 1 m 4�. i t i . Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS Albert 11.Manzi 111,Esq.Chairman FED Ellen P.McIntyre, I'ice-Chairman Richard J.Byers,Esq.Clerk Joseph D.1,aGrasse 0 6 201SEP 14 PM 2"• 19 David R.Webster I Assodate,11emberr W7 O, ; Thomas D.Ippolito Ti t #+ tT Richard M.Vaillancourt reppp Al.jD- Daniel S.Braese,Esq. TOWN OF NORTH ANDOVER—ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L.c. 39,SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session;cannot be used for missing more than one heating session.] I, f I�054�i P LA( 04,5:(kname),hereby certify as follows: 1. 1 am a member of said board. "Wew 2. 1 missed a hearing session on the matter of see-,r, pe,ee &-(IC5 U-,r- which was held on 3. 1 reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial which one(s)are applicable): a. X audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this 6> day of 200 Received as part of the rec rd of the above matter. Date: By: � Position: Sfp ji Town of North Andover Town Clerk Time Stamp ZONING BOARD OF"PEALS 1 V E D Albert 11.Manzi 111,111'sq.C hairman OV "T I:flen R McIntyre, I-ice-Chairman %40RT" TI Richardj.Byers, Clerk Joseph 1).LaGrasse 0 0 2007 SEP 14 PM 2: 19 David R.Webster i- 'A Associate Alembers 4E -'-I I f 1,1 - - i ,I Thomas D.Ippolito # �jloJTH klffl Richard M.VaiHancourt a4rao & -'C Daniel S.Braesc,Esq. 4CHU MASIMEIKS' TOWN OF NORTH ANDOVER-ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L.c.39,SECTION 23D OF PARTICIPATION IN A SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session;cannot be used for missing more than one hearing session.] 1, (name),hereby certify as follows: 1 1 am a member of said board. 2. 1 missed a hearing session on the matter of L7_ 4(4 C Wod kr eAn f rvee t,i-i e-) L c which was held on rlicz V i ZO:)I 3. 1 reviewed all the evidence introduced at the hearing session I missed, which included a review of(initial which one(s)are applicable): a. x audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this day of 200_7 Received as part of the reco)of th 7 above matter: u Date: ? a? — - / By: Position: SEP BOA� Town Of North Andover Town C1e ime Stamp ZQNING BOARD OF APPEALS =,-'" � ; ` fi`�" Albert P.Manzi III,Esq, Chairman Ellen P.McIntyre, Vice-Chairman � NORT#1 Richard J.Byers,Esq. Gerk Joseph D.LaGrasse O �, 1 David R,Webster A satiate Members i Thomas D.IPP ollto '4q Richard M.Vaillancourt '� •'+w»fl Daniel S.Braese,Esq. �SACNus� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40 17 Property at: 575&549 Osgood Street NAME: Edgewood Retirement Community, HEARING(S): April 10,May 9,June 12, Inc. September 6&September 11,2007 ADDRESS: 575&549 Osgood Street PETITION: 2007-011 North Andover,MA 01845 TYPING DATE: September 17,2007 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,September 11,2007 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Edgewood Retirement Community,Inc.,575&549 Osgood Street(Map 36,Parcels 3,17,18,&19), North Andover requesting dimensional Variance from Section 13,Paragraph 13.5.4,Lof the Zoning Bylaw for relief of right and left side setbacks of the 100'buffer zone surrounding Continuing Care Retirement Centers in order to construct single and duplex cottages. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on April 23&April 30,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito and Daniel S.Braese. A motion by Richard M. Vaillancourt and a by Joseph D.LaGrasse to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed,therefore,the petitioners request to grant the dimensional Variance from the 100'buffer surrounding the Continuing Care Retirement Center is denied. Voting in favor of the Variance: Joseph D.LaGrasse, David R Webster,and Richard M.Vaillancourt. Voting in opposition of the Variance: Ellen P.McIntyre and Albert P.Manzi,III. The Board finds that the Variance petition of Edgewood Retirement Community,Inc.received three votes to grant and two votes in opposition and that the application did not receive the required supermajority of four votes to grant the Variance. The Board finds the votes for denial were because the petitioner did not satisfy the required circumstances relating to soil conditions,shape or topography,and the petitioner has viable alternatives within the site and did not demonstrate the required statutory hardship sufficient to grant the variance requested,and the relief requested could not be granted without substantially derogating from the intent or purpose of the zoning bylaw. No Andover Zo ' of Appeals P.Manzi,III,Esq.,Chairman en P.McIntyre, Vice Chairman Joseph D.LaGrasse David R Webster Associate Members Richard M.Vaillancourt Decision 2007-011. M36P3,17,18,&19 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-97$-688-9542 Web-www.townofnorthandover.com Town of North Andover Town Cle_rk8ime Stamp ZONING BOARDOF APPEALS Mbert P.Manzi III,Esq. Chairman Ellen P.McIntyre, L ice-Chairman f NORTy q p ^ =t ` Richard J.Byers,Esq. Clerk, a e°,t, �,•.6 P ���� 21 Joseph D.LaGrasse O 5 L David R.Webster Assodaate Members Thomas D. Ippohto Richard M.Vaillancourt Daniel S. Braese,Esq. SSACHUs� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass. Gen.L.ch. 40 17 Property at: 575&549 Street NAME: Edgewood Retirement Community, HEARING(S): April 10,May 9,June 12, Inc, September 6&Septeinogr 119 2007 ADDRESS: 575&549 Osgood Street PETITION: 2007-011 North Andover,MA 01845 TYPING DATE: Septepter 17,2007 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,September 11,2007 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street,North Andover,Massachusetts upon the application of Edgewood Retirement Community,Inc.,575&549 Osgood Street(Map 36,Parcels 3,17,18,& 19), North Andover requesting dimensional Variance from Section 13,Paragraph 13.5.d.I-of the Zoning Bylaw for relief of right and left side setbacks of the 100'buffer zone surrounding Continuing Care Retirement Centers in order to construct single and duplex cottages. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on April 23&April 30,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Albert P.Manzi,III,David R. Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D.Ippolito and Daniel S.Braese. A motion by Richard M.Vaillancourt and 2'd by Joseph D.LaGrasse to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed,therefore,the petitioners request to grant the dimensional Variance from the 100'buffer surrounding the Continuing Care Retirement Center is denied. Voting in favor of the Variance: Joseph D.LaGrasse, David R.Webster,and Richard M.Vaillancourt. Voting in opposition of the Variance: Ellen P.McIntyre and Albert P.Manzi,In The Board finds that the Variance petition of Edgewood Retirement Community,Inc.received three votes to grant and two votes in opposition and that the application did not receive the required supermajority of four votes to grant the Variance. The Board finds the votes for denial were because the petitioner did not satisfy the required circumstances relating to soil conditions,shape or topography,and the petitioner has viable alternatives within the site and did not demonstrate the required statutory hardship sufficient to grant the variance requested,and the relief requested could not be granted without substantially derogating from the intent or purpose of the zoning bylaw. No Andover Zo of Appeals P.Manzi,III,Esq.,Chairman en P.McIntyre, rice Chairman Joseph D.LaGrasse David R Webster Associate Members Richard M.Vaillancourt Decision 2007-011. M36P3,17,18,&19 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Town of North Andover `1­11 <i rk t me stamp ZONING BOARD OF APPEALS `' tC' Y00 ` IV Albert P. Manzi 111, Esq.Chairman Ellen P.McIntyre, Vice-Chairman ttoRTN Richard J. Byers,Esq.Clerk0L 207' - 1 Joseph D. LaGrasse O David R. Webster 2 'A u Associate Members Thomas D. Ippolito Richard M.Vaillancourt 'rag) Daniel Daniel S. Braese,Esq. gc►+usic Date 7— to > 0:Z Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a 4arianc pecial Permit Comprehensive Permit(4013) Finding for property located at: STREET: 5 7 5 L5 �9 MAP: , PARCEL: 1� TOWN: North Andover, MA 01845 TO NIS DATE( .: _Lor 15, 09 NAME OF PETITIONER: vvoo) ke-t to m on C l C ' i1 SIGNED: 4�. o� � ti ner 0 et' oner's re resentative) 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com F-A6e0006 J-I F6 L�AYe4- ©SGcent� srnE� ���� KAREN H.P.NELSON d Town Of 120 Main Street, 01845 Director NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION DIVISION OF HALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT At a regularly scheduled meeting of the North Andover Planning Board, duly posted, and held on September 20, 1994, the Board voted unanimously to extend the following Special Permits issued to Edgewood Life Care Inc. and Samuel S. Rogers for one year: 1. Special Permit for the Continuing Care Retirement Community extended until October 4, 1995; 2 . Special Permit for Site Plan Review extended until October 4, 1.995; 3 . Special Permit for Common Drive extended until November 12, 1995 . These Permits were extended based on the evidence presented at meetings of the Board, and on the finding of the Board that there are special circumstances that exist with respect to this project which warrant and justify these extensions. Signed as a sealed instrument this day of October, 1994. NORTH ANDOVER PLANNING BOARD r Joseph V. Mahoney, 'Vice7;'Chair. COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. CC_T`- _q , 1994 <J—���z 0 71z�, Utc_c-.._ Then personally appeared da, Chairman of the North Andover Planning Board, and acknowledged the foregoing to be the free act and deed of the North Andover Planning Board before me. A Notary Public My commission expires: t� i 310 CMR 10.99 '{ r T€_V Form 7 OCT 09 ' 44 P '33 DEP File No. 242-511 i �--' (To be Prodded by DEP) = - Commonwealth City town North Andover - y = of Massachusetts applicant Cliffod E. Elisas Edgewood Life Care Utilities Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131, §40 From: North Andover Conservation Commission Issuing Authority To: Edgewood Life Care Utilities 800 Second Street: Des Moines, Iowa 50309 (Name) (Address) The Order of Conditions(or Extension Permit)issued on November 22, 1989 (date) to Edgewood Life Care ITti 1 i ti ec (name)for work at along Stevens Street (address)is hereby extended for a period of one (1) year(s) from the date it expires. This Extension Permit will expire on September 15, 1994 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ... ....... ............................. . ........................' ... ...... .... ........................ Leave Space Blank) 7.1 Effective 11/10/89 Issued by North Andover Conservation Commission Signature(s) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this 15th day of September -19 93 before me personally appeared Pa ii 1 Tn r i of ,to me known to be the person described in and who executed the foregoing instrument and acknowledged that hei she executed the same as his/her free act and deed. My Comrrdssion Em"Jum 20.1997_ Notary Public My commission expires Detach on dotted line and submit to the North Andover Conservation Comm. prior to commen-cement of work. .................................................................................................................................................................................................................. To North Andover Conservation Commission Issuing Authority Please be aavtseo that the Extension Permit to the Order of Conditions for the protect at along Stevens Street File Number 242— 511 has been recorced at the Reg sry of Deeds, Northern Essex and has been noteo rn the cram of title or the aifectea orooerty in accorcance with General Conadion 8 of the onemal order of conditions on . 1 9 1 If recoraeo Lana.the instrument number which iaentities this transaction is it reorsterea land.the oocument number wnich iaentit-es this tr2nsaction is Signature ACoi,cant 7-2 i R E Vi 310 CMR 10.99 DANlFL U"G TO WN t'€_i il\K NORTH :,�W VER Form T � `` OCT 10 t fly '93 DEP Fie No. � 242-515 JJ (To be provioed by DEP) _ `-- North Andover Commonwealth City Town of Massachusetts ADPIiCant Clifford E. Elias •�k� c- Edgewood Life Care Utilities Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131 , §40 From: North Andover Conservation Commission Issuing Authority To: Edgewood Life Care Utilities 800 Second Street, Des Moines, Iowa 50309 (Name)_ (Address) The Order of Conditions(or Extension Permit)issued on November 22 1989 (date) t• to Edgewood Life Care UtilItIes- (name)for work at along Stevens Street (address)is hereby extended fora period of one (1) year(s) from the date it expires. This Extension Permit will expire on September 15, 1994 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (leave SDace Blank) 7-1 Effective 11/10/89 Issued by Norte Andover Conservation Commission Signaturels) When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this 15th day of September -19 93 before me personally appeared Pan'l Tar;nt, .to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. n t • Mx_cormiuion Expires Ott►20,v" Notary Public My commission expires Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To North Andover Conservation Commission IS Suing Authority Please be aavtseo that the Extension Permit to the Order of Conditions for the protect at Fdge onnd T.TfP Cnre Uti],i,ti®s Fite Number 242— 515 has been recorced atthe Reg!sry of Deeds, Northern Essex and has been noteo rn the chain of title of the affectea Drooerty in accorcance with General Condition H of the original orae(of conaluons on . 1 9 it recoroea fano.the instrument number which identifies this transaction is If reoistered fano.the oocumen►number wnich-dentdtes this IransaCtton.s Signature �cDr cant 7.2 i R f 310 CMR 10.99 Form 7 DEP Foie No. ( 242- .511AA ! (To be ptov'Oed by DEP) ►= North Andover Commonwealth City town of Massachusetts Applicant Edgewood Life Care Serv. , Inc. c Edgewood Life Care Services, Inc., Extension Permit Massachusetts Wetlands Protection Act G.L. 0. 131, §40 From: North Andover Conservation Commission Issuing Authority To: Edgewood Life Care Services, Inc. 800S3ecendrStrzill DesMoines Iowa 50309 (Name) (Address) The Order of Conditions for Extension Permit)issued on 4c otlre (date) t0 Edgewood Life Care Servi racy Tnr (name)for work at OSgoQ St, Nn_ Andover (address)is hereby extended for a period of �„�_year!s) from the date it expires. This Extension Permit will expire on n tohar U .-r 1993 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ............................................................................... .. (leave Space Btami 7.1 t Issued by North Andover Conservation Commission SignatUre(s; r When issued by the Conservation Commission this Extension Permit must be signed by a majority of its j. i members. c On this day of RAW19 _, before me personally appeared 6450"4E level CIV to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Q,rl' azia� Votary Public L' + My commission expires ` Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. .................................................................................................................................................................................................................. To NACC Issurno Authority Please be aavtseo that the Extension Permit to the Order of Conatlions for the protect at QS,gond streets Nnri-h Andninp Fife Number 242-511 has been recorced at the Regstry of Deeds, Northern Essex _and has been notes!n Ine cnain of tale or Ine affecteo oroverty in accorcance wtin General Conarhon B of the onoinal order of conditions on 1 9 it recomee Land.the instrument number which identities tnis transaction is it registerea lana. the document number which,dentdies this transaction is Signature s�D�tant 7-2 310 CMR 10.99 Form 5 DEP Fie No. 242-515` (To be vowood W DEFT Commonwealth. Ciry,Town- North Andover >? = of Massachusetts ADDIiCant Edgewood Life Care Services, Inc. J Edgewood Life Care Utilities Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 and under the Town of Northr:Andover's Bylaw, Chapter 3.5 From NORTH ANDOVER CONSERVATION COMMT9STQN To Edgewood Life Care Utilities Town of North Andover (Name of Applicant) (Name of property owner) 800 Second Street Address Des Moines, Iowa 50309 Address 120 Main Street, North Andover, MA 01845 This Order is issued and delivered as follows: [I by hand delivery to applicant or representative on (date) )MX by certified mail, return receipt requested on November 22 1989 (date) This project is located at Along Stevens Street The property is recorded at the Registry of NIA' - Book NSA Page NSA Certificate(if registered) The Notice of Intent for this project was filed on October 4, 1989 _ (date) The public hearing was closed on November 1 1989 (date) Findings The North Andover Conservation Commisison has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the NACC at this time, the NA('C has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act( heck as appropriate): Flood control Land containing shellfish �Pubiic water supply LYJ Cly Private water supply C.,/ Storm damage prevention t_�,'/ Fisheries Ground water supply lJ Prevention of pollution L1Q Protection of wildlife habitat Total Filing Fee Submitted $525.00 State Share $250.00 City/Town Share North Andover — $275.00 ('/z fee in excess of $25) Total Refund Due S City/Town Portion S State Portion S (1/2 total) (1/2 total) Effective 11/10/89 5-1 #242-515 Edgewood Life Care Utilities 2 Therefore, the North Andover Conservation Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations and the requirements of the Town ByLaw, to protect those interests checked above. The North Andover Conservation Commission (hereafter the "NACC") orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. GENERAL CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2 . This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3 . This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. 4 . The work authorized hereunder shall be completed within three years from the date of this order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act and/or the Town ByLaw; (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this order. 5. This order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. ` 7 . No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. #242-515 Edgewood Life Care Utilities 3 8 . No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affectedro ert . In the case of recorded land the P p Y , Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. 9 . A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection, File Number 242-515" . 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12 . The work shall conform to the following plans and additional conditions: (a) Notice of Intent submitted by Edgewood Life Care Services Inc. prepared by Thomas F. Moran, Inc. dated October 3, 1989. (b) Plans entitled "Stevens Street Proposed Water and Sewer Facilities" prepared for Edgewood Life Care Inc. by Thomas F. Moran, Inc. , dated April 21, 1989 and Revised September 12, 1989, eight sheets. 13 . The following wetland resource areas are within the 100 ' buffer zone of the proposed work: bank, land under water, bordering land subject to flooding and bordering vegetated wetland. These resource areas are significant to the interests of the Act and Town Bylaw as noted above. These resource areas are also significant to the recreational interests of the Bylaw. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 14 . The NACC agrees with the applicant's delineation of the wetland resource areas on the site as shown on the plans referenced in Condition #12b above. #242-515 Edgewood, Life Care Utilities 4 PERFORMANCE & DESIGN STANDARDS 15. Prior to the start of construction, a detailed Construction Sequence Schedule and an Erosion Control Plan shall be submitted to the NACC for review and approval. The Construction Sequence Schedule shall integrate the erosion control measures in the construction program. The Erosion Control Plan shall specifically address the measures to be taken to prevent any siltation from occurring as a result of pumping operations required during construction. Temporary stilling basins to trap sediment shall be constructed a minimum of 100 feet from any wetland resource area in a location approved by the NACC or its agent. 16. Any changes in the submitted plans, Notice of Intent, or resulting from the aforementioned conditions must be submitted to the NACC for approval prior to implementation. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant) . Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. 17. Any errors found in the plans or information submitted by the applicant shall be considered as changes. 18 . The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a final set of plans and a letter from the professional engineer who prepared these plans shall be submitted to the NACC for review and approval prior to the start of construction. Said letter shall describe any and all changes between the final plans and those reviewed and cited above by the NACC. CONSTRUCTION 19. In advance of any work on this project the applicant shall notify the NACC, and shall arrange an on-site conference with an NACC representative, the contractor and the applicant to ensure that all of the Conditions of this Order are understood. This Order also shall be made a part of the contractor's written contract. 20. The applicant or contractor shall notify the NACC in writing of the identity of the on-site construction supervisor hired to coordinate construction and to ensure compliance with this Order. 21. The applicant shall submit, to the NACC, a written progress report every 3 months detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. #242-515 Edgewood Life Care Utilities 5 22 . Wetland flagging shall be checked prior to start of construction and shall be re-established where missing so that required erosion control measures between construction activity and wetland resource areas can be properly placed. 23. Prior to any activity on the site, a filter fabric fence backed by a single row of staked hay bales shall be placed between all construction areas and wetland areas per Soil Conservation Service or D.E.Q.E. standards. This siltation barrier shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been mulched, seeded, and stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC shall be implemented at the direction of the NACC. 24 . The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 50 hay bales and sufficient stakes for staking these bales. Said bales shall be used only for the control of emergency erosion problems, and shall not be used for the normal control of erosion. 25. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by replacing paving, sodding, or by loaming, seeding and mulching according to SCS standards. If the latter course is chosen, stabilization will be considered once complete vegetative cover has been achieved. 26. No exposed area shall remain unfinished for more than thirty days, unless approved by the NACC or its agent. 27. All erosion prevention and sedimentation protection measures found necessary during construction by the NACC or its agent shall be implemented at the direction of the NACC or its agent. 28. There shall be no stockpiling of soil or other materials within 25 feet of any wetland resource area. 29 . During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant as soon as practical. No vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. 30. Washings from concrete trucks, or surplus concrete, shall not be directed to, or dumped in, any drainage system or wetland #242-515 Edgewood Life Care Utilities 6 resource area. 31. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters at the site for the storage and removal of such spent construction materials off-site. 32 . Members of the NACC or its agent shall have the right to enter upon and inspect the premises to evaluate compliance with this Order of Conditions. The NACC reserves the right to require, following field inspection, additional information or resource protection measures. 33 . Accepted engineering and construction standards and procedures shall be followed in the completion of the project. OTHER CONDITIONS 34 . The provisions of this Order of Conditions shall apply to and be binding upon the applicant, its employees, and all successors and assigns in interest or control. 35. A proper bond or a deposit of money or negotiable securities running to the Town of North Andover shall be provided in the amount of $5000. 00 which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the Treasurer of the Town of North Andover before commencement of work. Said bond or deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provision, satisfactory to the NACC has been made for performance of any conditions which are of continuing nature. The applicant may propose a bond release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the Town of North Andover's Wetlands Protection Bylaw. 36. In addition to the requirements of Conditions No. 11, the applicant shall submit a letter to the NACC from a Registered Professional Civil Engineer, Land Surveyor or Registered Landscape Architect, certifying compliance with this Order of Conditions and the approved plans referenced herein. A stamped As-Built topographic plan of all areas within the jurisdiction of the Wetlands Protection 1 n Act and the Town Bylaw shall also be submitted when a Certificate of Compliance is requested. This plan will include: #242-515 Edgewood Life Care Utilities 7 a. "As-Built" elevations of all drainage ways constructed within 100 feet of any wetland resource area. b. "As-Built" elevations and grades of all filled or altered wetland resource areas. c. Distances to all structures and elevations within 100 feet of any wetland resource areas. , D.E.P. #242-515 Edgewood Life Care - Facilities Issued By North Andover Conservation Commission Signature(s)- povw '�- X f' This Order must be signed by a majority of the Conservation Commission. On this 15th day of November 1989 before me personally appeared Paul L. Tariot to me known to be the person described in and who executed the foregoing instrument and acknowledged that heishe executed e sa a as his/her free and deed. ` September 9 1994 Nota Public My commission expires The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to be done,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Order,providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. If you wish to appeal__th'i!k :decision under the Town Bylaw, a complaint must be filed in Superior Court. Detach on dotted line and submit to the North Andover Conservation Comm. prior to commencement of work. ........................................ ......... ....................... ......... ......... ......... ...................... ............. To !ssuin..Authont.. Please be advised that the Order of Conditions for the protect at Pile Numder 242— 51 5 has been recorded at the Registry of and has been noteo in the chain of titie of the affected property in accordance with General Condition 8 on 19 If recorded land, the instillment number which identifies this transaction is If registered!and,the document number which identifies this transaction is Signature Acplicant 5-4A I 310 CMR 10.99 Form T DEP File No. + 242-515 � i; �--• (To be provided by DEP) - �`~- North Andover . Commonwealth Caw Town of Massachusetts LI , Acipiicant Edgewood Life Gare Utilities _ M1, Yam• • •` Edgewood Life Care Utilities Extension Permit Massachusetts Wetlands Protection Act G.L. c. 131 9 §40 y F North Andover Conservation Commission From: Issuing Authority To: Edgewood Life Care Utilities 800 Second Street, Des Moines, Iowa 50309 (Name) (Address) The Order of Conditions(or Extension Permit)issued on NovP_ hp?2, 1989 `(date) to Edgewood Life Care Utflities (name) for work at Al nno RtPuA„-_ Street (address)is hereby extended for a period of one (1) year(s) from the date it expires. This Extension Permit will expire on November 22, 1993 (date) This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. ................................ .... . (Leave Space Biank) 7.1 Effective 11/10/89 Issued by North Andover Conservation Commission Signature(s) _.� When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this e.?fA day of 1"M 19.c_. before me personally appeared G6-0966 A RE 1 CH . to me known to be the person described in and who executed the foregoing instrument and acknowledged that hef she executed the same as his/her free act and deed. otary Public �'' ESN My commission expires Detach on dotted tine and submit to the North Andover Conservation Comm. prior to commencement of work. To NACC Issuirta Authority Please be aovtseo that the Extension Permit to the Order of CondiUons for the protect at along Stevens Street File Number 242— 515 has been recorced at the Reg!srry of Deeds, Northern Essex _and has been noteo!n the chain or title of the aflecteo orooerty in accorcance with General Conodton 8 of the onornal oreer of cono tions on . 1 9 1 It recoroeo fano.the instrument number which identities this transaction is u reoistereo land.the aocument number which-eenufies this transaction is Signature acociru 7-2 1 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: North Andover When filling out From: forms on the TConservation Commission computer tab key 2. This Issuance is for(check one): only to move your cursor-do not a. ® Order of Resource Area Delineation Only use the return key. VQ b. ❑ Order of Resource Area Delineation Subject to Simplified Review i. E] Not Subject to Stormwater Policy 2. ❑ Subject to Stormwater Policy c. ❑ Amended Order of Resource Area Delineation Note: Before 3. To:Applicant: completing this form consult Marlene Rotering Edgewood Retirement Community, Inc. your local a. First Name b.Last Name c.Company Conservation Commission 575 Osgood Street regarding any d.Mailing Address municipal bylaw North Andover MA. 01845 or ordinance. e.Cit !town Y f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 5. Project Location: 575 & 549 Osgood Street North Andover a.Street Address b.City/Town Map 36 Parcels 3& 17 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Dates: 11 a +a la 1 1,510k a.DA Notice of Intent filed b.Date Pul5lic Mearing Closed c.Date of fssuince 7. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Abbreviated Notice of Resource Area Delineation Plan1�11a5i 06 a.Title b. c.Title d.Date wpaform4b.doc•rev.06/13/05 Page 1 of 7 } Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Order of Delineation 1. The Conservation Commission has determined the following (check whichever is applicable): a. ® Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice of Resource Area Delineation are accurately drawn for the following resource area(s): 1. ® Bordering Vegetated Wetlands 2. ® Other Resource Area(s), specifically: 5a,P— P-4fv ie- b. ❑ Modified: The boundaries described on the plan(s) referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): 1. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: c. ❑ Inaccurate: The boundaries described on the referenced plan(s)and in the Abbreviated Notice of Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): i. ❑ Bordering Vegetated Wetlands 2. ❑ Other Resource Area(s), specifically: 3. The boundaries were determined to be inaccurate because: wpaform4b.doc•rev.06/13/05 Page 2 of 7 Order of Resource Area Delineation 575 &549 Osgood Street, Map 36 Lot 3 &17 Edgewood Retirement Community, Inc. DEP File # 242-1375 Facts &Findings: Jurisdictional wetland resource areas on the subject property include the following: ❖ Bordering Vegetated Wetlands (BVW) associated with intermittent stream/drainage channels; ❖ Bank associated with intermittent stream/drainage channels; ❖ An Isolated Vegetative Wetland (IVW)jurisdictional under the North Andover Wetlands Protection Bylaw (greater than 1,000 s.f.) and; ❖ Those associated 25-foot No-Disturbance Zone, 50-foot No-Construction Zone, and 100- foot Buffer Zone areas as shown on the approved plan referenced herein. The aforementioned jurisdictional resource areas on the site were thoroughly reviewed by the Conservation Administrator and Jennifer Vicich of Wetlands Preservation Inc. Plans were revised based upon field review and were submitted to the North Andover Conservation Commission(NACC) for review and approval. As such, the NACC formally approved the boundaries of the cited jurisdictional wetland resource areas at their meeting of December 13, 2006, accepting the final revised plan. It is important to note the following additional information however,which was discussed and understood by the applicant prior to this approval: ❖ The off property wetland flags G10, G8,G7, H6 through H10, 1-4 through 1-7, and J14 through J30 located on the Family Cooperative Preschool parcel (Map 36 Lot 1) were neither confirmed nor approved as part of this Order. ❖ Additional jurisdictional resource areas may exist and are in fact known to exist off property on several adjacent parcels. ❖ The approved plan referenced herein may not incorporate all jurisdictional resource areas on the subject property, as said plan was not inclusive of the subject parcel in its entirety. The resource areas approved are limited to the limits of said approved plan. Therefore, additional resource areas not shown and approved under this Order within 100 feet of any future proposed project filing would be subject to review and approval by the NACC. Record Documents: ➢ Abbreviated Notice of Resource Area Delineation, dated November 2, 2006; I'I� ➢ Plan entitled "Abbreviated Notice of Resource Area Delineation Plan". Prepared by Chistiansen &Sergi, dated October 10, 2006,revised November 11, 2006. Stamped & signed by Philip G. Chistiansen, P.E. and Michael Sergi,P.L.S. LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review Work within the Buffer Zone pursuant to the Simplified Review(310 CMR 10.02) requires that you must comply with the following conditions. If your project does not meet these requirements, you are required to either file a Determination of Applicability or Notice of Intent or take other corrective measures as directed by the Conservation Commission. Simplified Review Conditions: Work conducted under Simplified Review requires the following: 1. No work of any kind shall occur within any wetland resource areas including Riverfront Area and Bordering Land Subject to Flooding. 2. The inner 0-to-50-foot wide area from the delineated wetland boundary that has a Buffer Zone shall not be disturbed by any work associated with this project, including placement of any stormwater management components. 3. No work shall occur in the Buffer Zone bordering an Outstanding Resource Water(e.g., certified vernal pool, public water supply reservoir or tributary), as defined in 314 CMR 4.00 or border coastal resource areas at 310 CMR 10.25-10.35. 4. No work shall occur in the Buffer Zone adjacent to wetland resources with estimated wildlife habitat(which is identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife). 5. Erosion and Sedimentation controls shall be installed and maintained at the 50-foot Buffer Zone line or limit of work(whichever is a greater distance from the resource area)to protect resource areas during construction. 6. If the project is subject to the Massachusetts Stormwater Policy, all work shall be conducted in conformance with an approved Stormwater Management Plan. 7. The Buffer Zone does not contain a slope greater than an average of 15%at its steepest gradient across the 100-foot Buffer Zone. 8. The amount of new impervious surface, in combination with existing impervious surfaces, shall not exceed 40%of the Buffer Zone between 50 and 100 feet. 9. No work is allowed, and no additional NOI or RDA shall be filed, for any work within the 0-to-50- foot Buffer Zone during the three-year term of an Order associated with this application. 10. Prior to any work being undertaken pursuant to this Order, the wetland resource boundary shall be flagged; all boundary delineation flagging should be maintained for the term of the Order. 11. If stormwater management structures are proposed in the Buffer Zone, the stormwater management structures shall be maintained as required in the Stormwater Plan. Such maintenance constitutes an ongoing condition and is not subject to further permitting requirements. 12. If this ORAD involves work as part of a Simplified Review, the ORAD shall be recorded at the Registry of Deeds prior to the commencement of work per the requirements of Section F. 13. Prior to proceeding with any work under Simplified Review, applicants are required to provide written notice to the Commission one week prior to commencing any work. 14. If work authorized under Simplified Review is commenced, no work is allowed, and no additional NOI or RDA may be filed,for any work within the 0-to-50-foot buffer zone during the term of an ORAD associated with this application. If work authorized under Simplified Review is not commenced,then future NOls or RDAs may be filed for work within the 0-to-50-foot portion of the buffer zone. --End of Conditions-- wpaform4b.doc-rev.06/13/05 Page 3 of 7 • 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 4B — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Simplified Buffer Zone Review (cont.) Stormwater Applicability 1. ❑ The project is not subject to the Stormwater Policy. 2. ❑ The project is subject to the Stormwater Policy and the Stormwater Plan included for the project complies with all stormwater standards. Ineligibility Determinations Site Conditions: The applicant is not eligible for Simplified Buffer Zone review and must file a Request for Determination of Applicability or Notice of Intent prior to any work because: 3. ❑ Work is within the Buffer Zone of a Coastal Resource Area as defined at 310 CMR 10.25- 10.35. 4. ❑ The Buffer Zone contains existing slopes greater than an average of 15%. 5. ❑ Buffer Zone contains estimated rare wildlife habitat.' 6. ElThe site borders an Outstanding Resource Water.2 Stormwater 7. ❑ The project is subject to the Stormwater Policy and the applicant has not submitted sufficient information to demonstrate compliance with the Stormwater Management Policy. Prior to any work, the applicant must submit plans showing compliance with the standards in the Stormwater Policy, the location of the work, the amount of impervious surface, and the location of erosion controls, to the Commission for its concurrence. (See instructions to ANRAD Form 4A.)The following necessary stormwater information was not submitted by the applicant: a. s. ❑ The project is subject to the Stormwater Policy but the project does not comply with one or more of the stormwater standards(specify which standard(s) not met). a.Standard# b.Standard# 9. ❑ Impervious surface exceeds 40%of the area of the Buffer Zone between 50 and 100 feet from the resource area. 10. ❑ The applicant did not submit plans depicting adequate erosion and sedimentation controls located at the limit of work or at least 50 feet from any resource areas,whichever will be greater. �. ❑ Work is proposed within 50 feet of a resource area. Notice to Commission Any applicant proposing to proceed under Simplified Buffer Zone Review, as specified in 310 CMR 10.02, must provide written notice to the Commission one week prior to any work. ' Identified on the most recent Estimated Habitat Map of State-listed Rare Wetlands Wildlife of the Natural Heritage and Endangered Species Program. 2 Certified Vernal Pools,public water supplies, or inland ACECs as identified in 314 CMR 4.00. wpaform4b.doc•rev.06/13/05 Page 4 of 7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 4B — order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Findings This Order of Resource Area Delineation determines that the Stormwater Plan, if applicable, and the boundaries of those resource areas noted above, have been delineated and approved by the Commission and are binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act (M.G.L. c.131, §40)and its regulations(310 CMR 10.00). This Order does not, however, determine the boundaries of any resource area or Buffer Zone to any resource area not specifically noted above, regardless of whether such boundaries are contained on the plans attached to this Order or to the Abbreviated Notice of Resource Area Delineation. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. If the Abbreviated Notice of Resource Area Delineation was filed as Simplified Review for a Buffer Zone project, the applicant has certified that any work associated with the proposed project meets all eligibility requirements for Simplified Review listed in Section C of this Order. Any work that does not comply with the Simplified Review requirements will require a Notice of Intent or Request for Determination of Applicability. The applicant is responsible for promptly requesting a Certificate of Compliance following completion of any work allowed pursuant to a Simplified Review or no later than three years from the date of the Order of Resource Area Delineation unless the Order is extended. Failure to comply with the conditions of this Order is grounds for the Conservation Commission or the Department to take enforcement action. This Order must be signed by a majority of the Conservation Commission. The Order must be sent by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate DEP Regional Office. E. Appeals The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Resource Area Delineation.When requested to issue a Superseding Order of Resource Area Delineation,the Department's review is limited to the objections to the resource area delineation(s)stated in the appeal request.The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request for Departmental Action Fee Transmittal Form,as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing,requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00).To the extent that the Order is based on a municipal bylaw or ordinance,and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpaform4b.doc•rev.06/13/05 Page 5 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form Q — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP F. Signatures and Notary Acknowledgement Please indicate t numb of bers who will sign this form- 1. Number of Signers Si natu of n ommission Member Si re rvat' Commission Member L y/ eL S `nat a of it&Commission Member Signa re Conservation Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member Signature of Conservation Commission Member This Order is valid for three years from the date of issuance. This Order is issued to the applicant and the property owner(if different)as follows: ❑ by hand delivery on [(/by certified mail, return receipt requested on Date 1 a/Ls h Date Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this 13 of l-GG2-Mbc'r °q 00 6 Day Month Year Before me, the undersigned Notary Public, .SLo+f N9L��sS� personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission City/Town PJBU DONNA M.WEDGE s'�yylza. � �t/ ' COML40NWEALTHHOOFMASSSACHUSETTS Signature of Notary Public MY COMM Expires Aug.7.2009 Printed Name of N tary Public Place notary seal and/or any stamp above .0/ ? o26VV -My—compfiissid Expires(Date) This Order is issued to the applicant as follows: wpaform4b.doc•rev.06/13/05 Page 6 of 7 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form Q — Order of Resource Area Delineation 242-1375 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP G. Recording Information If this Order is issued for purposes of Resource Area Delineation only, this Order should NOT be recorded. If this Order of Resource Area Delineation is issued as part of a Simplified Review, this Order must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 6 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 242-1375 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform4b.doc•rev.06/13/05 Page 7 of 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesbo�ough North Adams Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Charlemont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chariton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Warren Ashby Devens Hudson New Braintree Shrewsbury Webster Worcester,MA 01605 Athol Douglas Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dudley Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer Dunstable Leicester North Brookfield Spencer West Brookfield Bane East Brookfield Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Fitchburg Littleton Oxford stow Westminster Berlin Gardner Lunenburg Paxton Sturbridge Winchendon Blackstone Grafton Marlborough Pepperell Sutton Worcester Bolton Groton Maynard Petersham Templeton Boxborough Harvard Medway Phillipston Townsend Boylston Hardwick Mendon Princeton Tyngsborough Brookfield Holden Milford Royalston Upton Hopedale DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gosnold Middleborough Raynham Truro Aquinnah Dighton Halifax Nantucket Rehoboth Wareham Lakeville,MA 02347 Attleboro Duxbury Hanover New Bedford Rochester Wellfleet Phone:508-946-2700 Avon Eastham Hanson North Attleborough Rockland West Bridgewater Fax:508 947-6557 Barnstable East Bridgewater Harwich Norton Sandwich Westport Berkley Easton Kingston Norwell Scituate West Tisbury TDD:508-946-2795 Bourne Edgartown Lakeville Oak Bluffs Seekonk Whitman Brewster Fairhaven Mansfield Orleans Sharon Wrentham Bridgewater Fall River Marion Pembroke Somerset Yarmouth Brockton Falmouth Marshfield Plainville Stoughton Carver Foxborough Mashpee Plymouth Swansea Chatham Franklin Plympton Taunton Chilmark DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield One Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-5561049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield Wpaform4b.doc•rev.11/22/00 Page tof 1 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1• Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town State Zip Code ICS! Phone Number Fax Number(if applicable) Project Location Henan Mailing Address City/Town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3),Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ❑ Superseding Determination of Applicability ❑ Superseding Order of Resource Area Delineation Send this form and check or money order for$100.00(single family house projects)or$200(alt other projects), payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 Wpaform4b.doc•rev.10104 Page 1 of 2 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office. 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Wpaform4b.doc•rev.10/04 Page 2 of 2