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Miscellaneous - 575 OSGOOD STREET 4/30/2018 (7)
t � t i i I I x V` �1 v �I �s V I A � I y f � I t.I i II i i I i er I � �� E'�✓ddd �'��f /vn vk1+Fv►4 ! 5 x^� ;)f 14C 1'ar (]SP ❑Finding [340B f Appiicatim fired H due on: 6 - 1 07 1 Decision due on: 2 2:0 l) 7 t L �- c�D -7- l l / 1 f S • r E I 1 i k I I E i I � I �Cr k eto KL67. 1is7 ill 3 - _ _ _ - _ pEVINE►�I1L�IME1 �� pttp0.NEY5 At SAW LAVQ�E i `O�p�t INI vo t c le5f ' R0BER? W. LLIMET LSM //nom✓I,I e / RFL \407"8' V ✓ e) gj8.@4D75 4075' 9 9470.0N60108 917( — % 7S~ �IOD 1 >> -7e) i oor "70an slcte NAZBA Application Form 3w r, t�s� e. y t� Hate: .- �---__Time: t I Cs l es t it 4 I � J`6 4. i i I No.153C UPC 15330 smead.com • Made In USA ��o zBA 4 3 5 Date Y:7. ..-..Q.7...... NORTH o�� TOWN OF NORTH ANDOVER °� - RECEIPT ,SSgCHUSE This certifies thatdl�'�...... ..a.. .�! ���...'v`" .... . . . ............... has paid .1 !..1� .... ....�. .�..Q.` .......... i 5 Received by... C Department............^ ...P -A.......................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 4 3 6 Date .. '. -..�.0../..... \y �,10RTly � TOWN OF NORTH ANDOVER O p t vim- r *� = RECEIPT S`SgCHUSE This certifies that .............. .�,1+�� � r� �n has paid. . ..��.1�....c�1�C.. for Receivedby.....AC., ...... .......................................................... Department.........) ...... ............................................................ WHITE: Applicant CANARY:Department PINK:Treasurer Town of North Andover Town Clem. unr STarnp ZONING BOARD OF APPEALS J IVIbert P.Nfaiizi 111, Esq. Chairman Ellen P.McIntyre, Dice-Chairman t4ORTFI Rlchard3. Bvers,Esq. Clerk. 0n b` 0 �F Joseph D. LaGrasse 0 David R. \Wehster .-Issodale Nfembers Thomas D.Ippobto Richard M.Vaillancourt Daniel S.Braese, Esq. S Any appeal shall be.filedwithinNotice of Decision (20)days after the datilof 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 Edgewood Retirement Community, HEARING(S): April 10,May 9,June 12, Inc. September 6&September 11,2007 ADDRESS: 575& 549 Osgood Street PETMON: 2007-011 North Andover,MA 01845 TYPING DATE: September 17, 200-7 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.l.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.McIntym,Joseph D.LaGrasse, Albert P.NWW, M,David R. Webster,and Richard M.Vaillancourt. The following non-voting members were present: Thomas D; Ippohio and Daniel S.Braese, A motion by Richard M. Vaillancourt and 2nd 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, M. 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 .yfh Andover Zoning oard of Appeals ,Odbert P. Manzi, III,Esq., Chairman Ellen 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-Stfite2-36.North Andover.Massachusetts 01945 Phone-979-689-9541 Fax-978-699-9542 Web- Town Clerk Time Stamp Town of North Andover �'FCEIV,-D ZONING BOARD OF APPEA F F ^F Albert P.Manzi R Esq.Chairman Ellen P.McIntyre,Vice-Chairman NORtM 2097 APR 17 NJ 1: Richard J.Byers,Esq.Clerk 0 Joseph D.LaGrasse 0 0 0% David R.Webster J6. 'A T 0 RT Associate Members UOI"! El"A S S A Thomas D.Ippolito 4 Richard M.Vailfancourt Daniel S.Braese,Esq. Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Senior Center, 120R Main Street,North Andover, MA on Wednesday the 9'`of May, 2007 at 7:30 PM to all parties interested in 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.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. Saidpremise 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,North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, M, Chairman Published in the Eagle-Tribune on Apfil 23 & April 30, 2007. W.T m i':7 0 0 0.6' 00&.0 g 101-,E.N9 OZ 0 3 6 K > �.0-- —7.R%T 9 cc a .3 0, 3 a i3 S'S 0* 0 &0—=foamo�w=No 9�0Z 0 Z M 1 -00)(0 0 0=r,,a-. -a to CD 0 Q 0 > <0 0 cL a K rL(D 0.0 0) an F 5 F (Dr 0 Q 0)-5�'U<P a Ln CL- CO 0,F,'-4-W,: 5'CD 00 X 0 *1110 0.0"a 0 E(D.- -R0Z:0'):-9 Legalnotice 2007-01 L' it was 9?1-'K T--> u, I CD 5 a4c i hLM:3 a C- RL:' K@--0 4!R�.Z'z Z C"_?>@'COD a 0 r-CL Q -00!R Cr M36P3,17,18,&19. �OmrK;fa- 0' aa—'* EL�a 5- >a 0 > 0 9 0 (OD CL ':L6F- 9-0)QD;Mn0._ - CD No 0 01* .M S,o 3 Sr (D '0 CL(D Z 0 :.M, = _ Z8._O.. 15 r rro(o E� Q-0(D CD 0(D .a k 0_ M -0(D '(D (D-(D M I - - CD��PCD SL =r:- 6 ID'<'5 C8 :3 n (D @ :3 ag=Or D CIM 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541Fax-978-688-9542 Web-www.townofhorthandover.com Town Clerk Time Stamp Town of North Andover DECEIVED ZONING BOARD OF APPEAU91" ()FF!r,E Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre,Vice-Chairman NORrh 2007 APR 17 P14 I- 4,15 0 Richard J.Byers,Esq.Clerk na, I- Joseph D.LaGrasse c TO.f f r David R.Webster ' Associate Members NORT C 71 Thomas D.Ippolito Richard M.Vaillancouit Daniel S.Bra ese,Esq. �SS^CHU Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Senior Center, 120R Main Street,North Andover, MA on Wednesday the 9a`of May, 2-007 at 7:30 PM to all parties interested in the application of Edgewood Retirement Community,Inc,575& 549 Osgood Street(Map 36, Parceld 3,17,18, & 19),North Andover requesting dimensional Variance from Section 13, Paragraph 13.5.d.l.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. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover, MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on April 23 & April 30, 2007. mss M 0 6"u 0 KBD 3'-:EN 5 03>�Rcl `6(n 0 g 101 1.70.0N9-_gj Z 60 0 N,09:E 5 0 'M 10�= (a ID A-ko ---R7OZO.2i' N =ID 10)7 F M*=r 9 51 ar '00`5a 10"4041-9--Zg- WO I ak �0 Mn'tp k 0<0 (D'< V. a.C6 ID,.��>C' C.)a ID aW i�-GM) CL CD o bM:> C6'5' a Tr Vrk 2:-y IQ.RD R, EID t' 'D _E a _0_0D. Legalnotice 2007-011. 9 gja 3_ 0(1)'C M-F:EV1 01 Z. <t 37 Ef !41V�6 OK-CL CD�4 M303,17,18> = >CD OD. 20=>- (D'F,._g j3 (:Z-E CD g(D'_�" P)j �Z. SL '_&a�a-ICD CD' Cr(D 2:Z-OR., a)(D'DM N5. ZZ 0)"o 'or- CD RID 0 81 0 it 0 AD MT _5 ,��:, 9,3 g0 "a (D 0 a a 0 8 94- �r :,-@ R 0' r M-0(D CD 0-('D 17D 0(D EL (D 0 ( �: M (D I*:. F -D=:,to 0) XD 7 a:?--. -ID i ID 1 0 M 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0030 Date:April 13,2007 I APPLICATION TYPE: SUBMISSION DATE: Commercial Variance Thu Apr 12, 2007 Applicant's Name: Owner's Name: NAME. NAME: Edgewood Retirement communny Edgewood Retirement Commun' ADDRESS: ADDRESS: 575 Osgood Street 575 Osgood Street TOWN: STATE ZIPCODE: TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01845 NORTH ANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: 78 723.3300 78)723.3300 EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: SITE ZONING: 575 OSGOOD STREET TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01845 13.&d.1 GIS# MAP JBLOCK LOT: ACTION TAKEN: 1740 On.O 0003 Reason for filing: Dim.Variance from 13&d.1 for right&left We setbacks of the 100'buffer for Continuing Care Retirement Centers. HARDSHIP: FINDINGS COULD NOT DEROGATE BECAUSE: FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE: REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE RRSTADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE: Wed Ma 09,2007 SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE MEMBERS PRESENT: VOTE MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: 771 MINUTES OF MEETING: I� GeoTMS@ 1998 Des Lauriers&Associates,Inc. f NORTI1 6 OL O 1� q C— p6RAreo PfPy�61 �SSACHUS�� BUILDING DEPARTMENT (ommunity Development Division October 23, 2007 To Whom It May Concern: In response to your inquiry about the zoning status for Edgewood Retirement Community, the following information is provided: Edgewood Retirement Community located at 575 Osgood Street in North Andover, MA is a Continuing Care Retirement Community(CCRC)which was granted a Special Permit under Sections 10.3, 10.31, 11.3,and 13 of the North Andover Zoning Bylaw and recorded on June 11, 1990. This Special Permit grants Edgewood Retirement Community,a CCRC, to construct and operate a Nursing Care Facility. Respectfully, Gerald A. Brown Inspector of Buildings cc: file 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com 262 ;.• j 4a� ;. EQI3EwonR LIFECARE. SPECIAL.-PERMIT FOR A CONTINUING CARE RETIREMENT'CErER (CCRC)i AND -PLANNED DEVELOPMENT DISTRICT (POD). — •GRANTED UNDER BECTIONB 10.3, ;10.31, 11.3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW. :The Planning Board makes the following findings regarding this.. Gpeoial Permit as required by sections i0.3, 10.3L, ' 11'.3 and 13 or. the Zoning Byl'awsi , The proposed use and site design for this lot- are a•;. a: appropriate, due to it's location-in Town. :•,:. ••.i a„• .7i'µ.j• ° �. 2. Adequate vehicular and pedestrian Access the surrounding '. site-has been provided. 3. The landscaping plan as shown and revised, meet% the- - - requirerosnts of section 8.4 of'the-Zoning Bylaws. A. The site drainage system is designed. in-.accordance with the Town Bylaw requirements. t 5. The applicant has met thq requirements of the Town for Site Plan Review as'stated in Section 8.3 of the Zoning Bylaw. S. Adequate and appropriate fatflities wily b¢ provided for,6he proper'-operation of.,the proposed use.. The Planning 'Board finds under Sectiond 8.35, 10'.3, 10.31, 11.3 a' - and- 13. (CCRE and PDD) of the Zoning Bylaw that the proposed site 'y the Town Bylaw re1uira ants ..but+ f P len generally complies with: requires minr conditions ,in order'to •• be completely in compliance - with Town Bylaws. -•Fina;ly,• • the Planning Board finds that this proposal complies'' y with the Town. of North Andover Bylaw requirements bo long an the following oond•itions are complied with. *Therefore, -in order to ,- fully comply with the 'approval necessary tb obnstruct the . facility as specified: in the .Special Permit before us, the Planning Board hereby grants a'Special Pgrmit to the applicant f ; i provided thi following conditions are mets ` ' • j (1) The project'may contain 192 congregate housing units without the use of,the .Open %pace.bonus or the affordable housing bonus.. (2) If the project takes advantage of the open space bonus, then. it may contain 221 congregate housing units. (3) If, in addition to. the open space bonus,- the applicants wish to-construct more than 221 unit's,, then the project may c9ntain uP to 250 units upon the payment to the.Town of .. •'k def~ .. � ` � � , gF••• :.S ` .'' � •• _ •� - • = .. , •- }ill i •�• P.e:, ' tom-�•� .sz ' .:` R ., ,,_,-� �-- ,, �:, • _. 'k • ��,�•�; .� »:” , .¢ �•,,m�,�::•:::• 5.,,.: ;..•:s,.fir 1x,'s. �• . North Andover the funds referenced in section 13.6(a) of the Zoning Bylaw. In no event shall there be units in excess of a.1 25.0. (4) Thai architaatural ittyle and .design of the CCAC shall be of colonial design, in wood frame or lap siding 'construction ; consistent with the style and dasi-gn'of ilia nearby Ugewead Farm buildings. 45) JUI concerns raised by the DPW itl thi aul-y.e7; 1989 letter • from *.'William 4imurciak, 'as lieted below; must be properly 1 adoresmad and all rrlevarit maturial.inup•t tiN aubtdittgd_ to, • and approved by DPW prior ,ta £h'e Plann3nq Board endorsing the record pians. '' , e a6 Shower entire watmain and crossing utilities' •on tho off_ site .plan. b. The. method of cress*nq thio mill pond.it3 nQt acaeptablet =' . :The existing atilvert.s at the pond crossings ore,not shown' , correctly on the plan. The water main'as douigned will . block the culverts. � . c. The existY»g 120 water main stub at Pleasant. Street is a , plugged bell,• therefore ria dresser"cpupling is needed. d'. Change the method of. '6onnectlon to-.akl%tinq-water van fa on. ' Harkaway Road and to Millpond units 47 and 53. Add a 12". Rate valve, on the north.sidq of Harkaway Road. a. The- existing •6' water, main on Stevens Stroet should be.- el minaf dd.'-The services to house H 120 and 133 should be :• cgnnectO to the new 1.2" main avid the propaand cross connection at the 6" dead and may be•eliminated.. f. Shoal .100foot attati't�t}ittiq on t#jr plan: as The ie" 1/8 bands at gtation 1$ + 90 are not nerinsttry. h. The conneeti'on .to'the 'exii3king.9" water mann:air .Oaigood-: - Street' at. the profecb errtrant:e shall be an 8° x 8° a. tapping s3eeve and valve: R 1E" stub and gate vaXve•. is - should ba provided for future exteneiori in'a nprtheply ? 1 1. Maximum distance between sewer tdanholes ie 300,feet. �. Provide profiles-of on site roadway and utilitiey.:; ; k. Show--al I util-itiea on ons site'plan.. , 1. The domestic water'services should be connected to .the r • looped i8" water' wherever possible. ' . _. - .. .. . 1. . - • _ _ - l is f. tL M. Show details of utility crossings'under buildings, n. The number of bends uaed in the 12" water ws,in should be fie 2- kept to a minimum. o. Show rims and inverts on drainage plan. p. Proyide detail sheets of roadway, and Oainagu faCi.litieu. q. The design of drainage Pram amass A-1--n and 0-1-•D does not consider the poterrti•al For reduction or o.ffr620tiyo i flow area of catch basins during adverrse corlditiuns. r. Provide data dhowing tiara prwJrated, wnter cunaesratrtion avid •'I'.. t projected average daily sewage flaw'for the,commrrrrity. ??'; s. A D.E.P. D.W.P.C. sower syrtem exten Dion permit 14u3L be obtayined prior to sower cormtruction. ?' t. Prov.idn a, plan for phancd conuLructioit and r'r•ocion i control. ^` 1 ,t (6) All existing trees of preaLer than 12" Diametim, With M of the existing tree line shall Lr. shown And labelled On the ' site plan. ` {7) The following material heti been reviewed by the Planning ' Board and !staff in this Public hnaring pvueesa acrd sriull be- 1 •-' :• considered as part of thiia decision# 4 -.`•: Il)' Packet entitledt EUPV•:WQQQ t,Z[C_l:FUIr r..i(1_4itlyd,l •I$!rl-NQ �7••DYWy rr'' 1:hi11�)•'�I�t �I...4LpY.�t_rf (2) packet ant I blrrd e'1!1L'OILIWIgV1)1J.Or l.T)W,?1141) �r prerinr,tnd rty liamdnl.a. 14t;Mcx•tc. aridr- .: .. �•. .• - Edgnwooil:Lifr! Crtrra, {fir.. •IBY The Special Permit.gt antiad 'under section 8.3 {lute !slay, Review) of the Zoning bylaw for, thit site,'shall altar bo deemed as part:of this decision.. ;}{ The following plans shall be ddamed an part oil the incision# xr ° `RlansEntiriledi ToWn'af North r)ruir,var (d,ifsrcarhrairttr.. Stcvn„ss K"%� •Street Proposed Watrr and Govior r fkvi l i t i ns. ''16 # Dated# Jane S, 1989• Drawn By: eCe Associates in&. 17. ` ;;4:'..••f Plans Entitled# Topogra!3hic Plan, Datrrl• .1P./29/08 Plan of Land, NoAh Andover Mn, Datrid h/11/119 '. T r t V J - - { „. • Site-Plan fRro3actf,, !)atcrd G/,,/E19' 1 Project Planting and Linjiting Plan, UntNd 5/2/89 Site Plan (Cvtr!y)' Dated.4/27./03 Bite -Plan .(Projact), Datild 4/87/89 Grading.and Drainage Plari trEntry), Dated.4/2'7/89 j Srading and Orainape -P Tan .(Pnojact)., Dated , 4/27/139 f i Plana Drawn Byt Earl R. FIansburgfx & Asaociatea Ina, { 1 �.- Plan.prepared fort Edgewood.Llfe:Care Inc. cal Director of Public Works . ' 8o)ard of Public Works - `' Hi-ghway'•Ourveyor -> Building Inspector Board of.HeA.1th E Assessora •' CQnwttrvutdvn Committal'on r . . Peiic4 Chief- c - Fire• Chief ' Applicant* f Engineer F i-1 e TOWN OF• NORTH ANDaM. MASS MTS CERTIFICATE OF TOWN OL•ERx 3, Daniel Long, Town Clerk of the To a! Northdorer; hereb it caify that the attached document, entitled. "Notion of. Decision,” dated October 5, 1989,. consisting, of a total -of nota pages, relating to.�tbe Petition OT SaAuel 8:'Rogers;'nn$ Edgewoad Life Care,• Inc., Uit side of Osgood Street, is a trtls copy o , the Notice .at'Decision of-the North• Andovnr Planning Board•as•. ' filed tait2l my Office at 4120 P.M;.,.October 5, 19:89'. The'Decision ' relates to Sections 101.3, 10..411.11.3 and 13 of the'Tdwn df North Andover.Zoning Bylaw. :. I further aartlfy that rte appeal. lrom said'Decipion and Notice.of.Decision has been -filed in my'OPfioe. > ti - Sworn to $ad'subsdribq&this:3-0th day of May, 1990 ,p.. . A al Lo g wn Cl ` .. .E' - .5F, rt L.... i .':;eebrdea' June 11,7990 at'.8;•5881@ X12035 ' ✓,';: , M . ..... Ed2ewood Retirement Communit Preliminary Review of Plan Modifications 10/23/07 Attendees: Alison McKay, Conservation Administrator Presented by: Stacey Furlong, Linbeck For Edgewood Retirement Community I % PERMANENT / OPEN SPACE 1 -gr 47 `' i..c;m_�'a��' :a.r r, L���.,<f-�✓ \1`y ¢s �, � i 1^! 'lull .. .. � �•� �� _ � �- � � �s� t { 9 (� t Ij I� !d~.� II(��l(19 '`I / �l S yt•�iP j -I •� jilJ� 14 I �,�, �-',lam �r,�.��hl ,\ I r {+�I •.,l ! r r/'per - 1 �i4 1 L r, { •i;r (T,'v,r '�y4f�-,. -..meq:,_. I.,�. 'If I. . p � ''11 x1 !..- I -�Li,\ a t$4ii�l'!I r, L..rI!1 �. 4 Ik�� 1 a -- - ITS, 3q1i 1 1 '1� l_.rrr VVL!�gL �7 f' J A. " f11,5y , 1 I I REVIEW 4 SITE PLAN REVIE EDGEWOOD RETIREMENT COMMUNITY,INC. u 3 s' •� G G� x m 575 OSGOOD STREET,NORTH ANDOVER,MA 177 on El Yy Q €g y NORTH ANDOVER,MA 3 pq NORTH ANDOVER PANNING BOARD a 4 1 Sr ' k ^a rNh AA \\ z k � a Ll IY diY � fs, '�- T ri�,T � a• S ,s ,x 1 ��9 ryYS�''x�y ���`�•,T'�� } �y "`. mss'. >*-�7grg y���� }F�. '.``✓,, yy�a-�k i' !`J.'�-14�'� ,�w�i�'''��''!f1 - tif�5£r („!LL i z ro1 1 , kid roar -rs 1-� i � 5 L IML 9. 12).0-7 N+Cw P 1 Gr s r F f i L k - �. g r T .. { s �.• �, �kms, "`� � L�" " - ��',:�� �. �'�' � (� � � ``'~,� r� Ell Fr M- i ,3 o .......... ry ".4; V. EDGEWOOD RETIREMENT COMMUNITY& LIFE ARE SERVICES ., ..r ______f, ` �_ IiI CONTINUUMOF CARE&BISTRO \ NOB HANDOVER NA 5710-000 ST. -q OtMS DEVELOPMENT MANAGER a ................. ............... 4-4 RETIREMENT FACILITIES CONSULT & LANDSCV I-rAPE ARCHITECT L E ANT W 0 N G Z' 45v— MEP ENGINEER ME Mmmm"we 71 u STRUCTURAL ENGINEER A WOW S'S MAW 4 m 011 F7- 'Z & EE] QL 2,530 s9 ft. ...... .............................– ............... ........................ ............... 1% "1 % f '00"... Overall Plan-2nd Floor % \A �AO.02 5 TOWN OF NORTH ANDOVER /ARIAN �°S 7 r17 Fac F ZONING BOARD OF ;APPEALS 2007 APR 12 P11 2: 35 NAME: .ADDRES F APPEAL:S S� ! '` ' Tbwn c,erk Time Stamp t e�SS lx,f t Ub�: Procedure & Requirements for an Application for a Variance Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND 'or to the first public hearing. PREPARATION OF LEGAL NOTICE: submitted thirty U days prior Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7• DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP d: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2• VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)clays after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Cleric with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Cleric's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building the Zoning Board of Appeals secretary. Department. ................................N,........a..:.4................................................................................................................................................... ........._.. IMPORTANT PHONE NUMBERS: 378-388-9533 Office of Community Dev. & Services North Andover Town Hall 1600 Osgood Street, 120 Main Street 978-688-9501 Town Clerk's Office North Andover, MA 01845 378-688-9542 fax for Community Development offices 978-688-9566 assessor's Office 978-888-9545 3uilding Department 373-688-9541 ?cning Board of Appeals Office PAGE '1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E Please complett all.Items t-10 below: 1. Petitioner: *Name, *Address and telephone number: Edgewood Retirement Community Inc (Attu Marlene Rotering) 575 Osgood Street North Andover, MA 01845 978-725-3300 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: (A) (575 Osgood) Edgewood Retirement Community, Inc (B) (549 Osgood) Edgewood Retirement Properties, LLC Years Owned Land: (a) 11+ years (b) 2+ years 3. Location of Property: a. Street: 575 and '549 Osgood Street Zoning District: R-2 b. Assessors: Map number: 36 Lot N 3 17 18 & 1 Number: 9 c. Registry of Deeds: Book Number: (a) 4378 Page Number: (a) 115 (b) 9223 177 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. §13.5.d.1 Perimeter Setback of 100' in a CCRC (Continuing Care Retirement Center) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 6. Describe the Variance request: See Additional Sheet.. 5D attached hereto. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. See Additional Sheet 6A % B. % I' II Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE 6 13. Exieflng Lot: Lot Area' Open Space Percent Lot Frontage ParkingMinimum Lot Setback Sq.ft Sq.Ft. Coverage Fed spaces: Front Side A Side B Rear Seg AdAjLiLo_nal Shoet 6B 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear ti Seu Addj.tioqal Sheet 6C 6 D. Required Lot: (A4 required by Zoning Bylaw a fable 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq,Ft. Coverage Feet SPOON Front Side A Side 9 Rear AArLtitj. orLal Sbpi-.t 61) TA. Existing Building(s): Ground Flooi Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units", —__52A_Add:L t icmal--a &et 7,A_,_ Agri ulture Residential *Refemnce Uses from the Zoning Bylaw&Table 1, "State number of units In building(s). 713. Proposed Building(s): Ground Floor Number of Height Total use or Number Square feet Floors Sq.feet Building' of Units" e_e dditional Sheet 7B Residential 'Reference Uses from the Zoning Bylaw&Tibia 1. "State number of units in building(s). by 8. Petitioner and Larldowner signatura(s): Every application for a Variance shall he made on this form,which Is the official form of the Zoning Board of Appeals. Every application shall be filed with theTown 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 the Zoning Board of Appeals 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 Zoning Board Rules and Regulations may result In a dismissal by the Zoning Board of this application as incomplete. I - 134ge KdAecirement TmMunity, Inc. Ed 4 R0t iremett'lI'#oper ties, LLC Signature: 'A k4 W 11 " il—ene G RoteriliEx -gi ecuTive=13. zecEor miiienef G. Ro eriiig', 4ger Type a0gy q names) here. NORTH Zoning Bylaw Review Form Town Of-North Andover Building Department RE C E 1h E D L F A 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 Phone 978-688-9545 Fax 974IJ8U-S�42i 6 Street: 549&575 Osgood Street Ma /Lot: 3613,17,18&19 Applicant: Edgewood Retirement Community, Inc. Request: Construct 27 single&duplex cottages Date: 4-12-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-2 Item Notes Item Notes I. I A Lot Area F Frontage I Lot area Insufficient I Frontage Insufficient 2 Lot Area Preexisting 2 Frontaae Complies 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage I Allowed G 1 Contiguous Building Area 2 Not Allowed I I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required x 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information ding Height Buil C Setback H All setbacks comply ht Exceeds Maximum aximurn (,f)MDlies-- 000Zjt'TU3(jAWIfvU2U1U0Z id3G E)Niaiina J9410 —u01ss1ww00 POPOPH buluueld X svoM oilqnd jo juawliede(] U011MOSU00 sleaddV jo peog—M—poZ x 90110d 41188H qjli :O.L Poijejou Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons ter.�eniai`� 154lav+4"Ri rer ce Form Item Rsferenoe i 6-4 A Special Permit is required from the Planning Board per Section 13.1 Establishment ..."The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section."of the Zoning Bylaw in order to construct the proposed new units. C3 & 4 Dimensional Variances are required from the Zoning Board in order to construct the proposed new dwelling units within the 100' setback perimeter lines per Section 13.5.d.1 Perimeter Setback...."No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC arcel." I i i MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE Petitioner: Edgewood Retirement Community, Inc. <J Property: 575 and 549 Osgood Street,North Andover, Massachusetts {;; _� - C-3 rt;_ N '1 Introduction .1 =" n 0 Edgewood Retirement Community is a "CCRC" Continuing Care Retirement Center) original ; approved for 250 units. At the present time, 219 Congregate Housing Units contained*ithin' 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 densit re uis and could be constructed at any time. In 204, ia cooperation with Sam Rogers (whose family has owned Edgewood Farm for a long time) an the Town of North Andover, Edgewood Retirement worked to acquire the remaining 1 k. 'Edgewood Farm at a substantial cost. This 3-party cooperation resulted in 10 of the most A acres (from a visual and streetscape point of view) being permanently preserved as open space which includes the 2 large barns closest to Osgood Street. Even though Edgewood Retirement, without adding any additional land, is able to add 31 additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is proposing only an additional 27 units (rather than the 31 units which could already be built under the density standards previously approved). This current proposal is a way of completing and rounding out the housing diversity in this CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of which there are currently 219 constructed. The 27 new units will be "Independent Dwelling Units", which under North Andover's Zoning By-law must consist only of free-standing buildings which contain up to 5 dwelling units per structure. Again, the current proposal to add 27 "cottage" units is the universally preferred method of providing an appropriate "cap stone" to this remarkable CCRC. The Zoning Relief requested relates solely to the 100 foot Perimeter Setback in 2 limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clearly not an attempt to maximize density by shoe-horning units in locations that are not appropriate. Rather, owing to the shape, size, soil conditions and topography of the land, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all led to the current proposal to place a very small number of buildings (6) within the 100 foot Perimeter Setback (as noted, being in locations {14327\00002\W0132438.1} I restricted o s ace owned b the Town and by the Trustees en directly adjacent to permanently p p ( Y of Reservation). It is critical to note that the 27 Replacement Cottage Units conform in all respects to the Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is only from the strict enforcement into 2 small areas that Variances are being sought from the 100 foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers (CCRC's). Discussion 1. Edgewood Retirement Community, Inc. is currently a Continuing Care Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as authorized by permits granted by the North Andover Planning Board under Section 13 of the North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed. A total of 250 units were originally authorized under the Permits, but the Petitioner has refrained from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may consist only of free standing buildings which contain up to 5 dwelling units per structure. 2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575 Osgood Street (the "Main Parcel"). In 2004, an additional 19+ acres were purchased from Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19 designated as 549 Osgood Street and otherwise known as Edgewood Farm. 3. The 2004 Parcel was purchased in the name of the Petitioner's wholly owned subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the Petitioner will be deeded the 2004 Parcel by its subsidiary, thus unifying ownership in the name of Petitioner. 4. The underlying Zoning District is the R-2 Zoning District, which requires setback (sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter Setback which the currently constructed buildings adhere to. However, in order to accommodate the various Site Constraints, 6 buildings containing a total of nine (9) units need to be located within the 100 foot CCRC Perimeter Setback. The basic justification for seeking the Variance consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended to provide a proper degree of separation between adjoining landowners and their various uses. 5. In the current circumstances, all of Petitioner's land abuts land that has been placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such, there is no legal possibility that structures or any other uses beyond Open Space Uses will ever be constructed within 100 feet of any of Petitioner's proposed buildings, including without limitation the 6 Buildings for which this Variance is applied for. 114327\00002W0132438.1} 2 6. The plans submitted with this Application 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 Lin between the Main Parcel and the 2004 Parcel are simply for reference purposes only. 7. With respect to density, no relief whatsoever is being requested in this Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units currently exist, and the Petitioner will be applying to the North Andover Planning Board for 27 additional Independent Dwelling Units, bringing the total onsite to be 246 units. 8. Sheet i of the Christiansen & Sergi Variance Plans shows 11 cottages, designated ted as H-2 through H-12. None of the 11 cottages shown on Sheet H Series Units designated � as the g i g 1 require any type of zoning relief. 9. Sheet 2 of the Christiansen & Sergi Variance Plan shows 7 cottages in the G Series designated as Units G-1 through G-7. These 7 units are located in 4 separate buildings, and each of the 4 buildings has been located closer to the northerly boundary line (separating Petitioner's land from the land now or formerly of Family Cooperative Pre-School being Map 36, Lot 1). As shown on Sheet 2 of the Plans, a variance from the 100 foot Perimeter Setback of Section 13 is required in order to allow these 4 buildings containing the 7 units designated as Units G-1 through G-7 to be constructed. The Petitioner's land comprises an odd strip of 150 feet of land sandwiched between 2 wetland areas which hamper Petitioner's ability to comply with the 100 footp erimeter setback of the CCRC requirements. However, all of said buildings comply with the underlying 30 foot setback of the R-2 Zoning District. 10. The additional Variance Plan submitted by Merrimack Engineering showing the southerly portion of the Main Parcel indicates that 2 of the buildings comprising a total of 4 units likewise cannot meet the 100 foot Perimeter Setback. Again, Petitioner's land adjoins land permanently restricted by recorded Conservation Restrictions and owned by the Trustees of Reservations. Again, it will be impossible for any other structures to be located within 100 feet of the outside wall of Petitioner's 2 buildings. The Petitioner respectfully submits that the central purpose of any setback, including the 100 foot Perimeter Setback for CCRC's, is to maintain a proper degree of separation between adjoining property owners and land uses. 11. Required Documentation Supporting the Variance: MGL c. 40A, and North Andover Zoning Bylaw Section 10.4 require that all Petitioners satisfy the legal requirements in order for the ZBA to grant any requested variances. Consequently, the Petitioner respectfully submits the following: A. Proposed Use: As noted above, the Petitioner intends to complete the CCRC which was originally constructed by Petitioner in stages. To the current total of 219 units, the Petitioner proposes to add an additional 27 units, which at 246 total units will still keep Petitioner under the 250 unit maximum. {14327\00002W0132438.I} 3 B. Hardship Circumstances: As can be seen from the Plans, and an inspection of the Property, the Petitioner's land has soil conditions, shape, size and topography problems which especially affect the Petitioner's property which do not affect generally the zoning district in which the Property is located. In particular, the Petitioner's use as a CCRC is unique within the R-2 District of the Osgood Street neighborhood, with the vast majority of surrounding land uses being dedicated to Open Space owned either by private conservation group such as the Trustees of Reservations or the Town of North Andover itself. The whole purpose of Petitioner acquiring the 2004 Parcel was to accommodate and cooperate with the stated goals of Mr. Rogers and the Town of North Andover to preserve as much as possible of the original streetscape of Edgewood Farm as it appears from Osgood Street. As Edgewood Fane developed over its long history, various portions of the Farm have become wetland areas in order to accommodate the hillside drainage flows necessary to establish and support agricultural uses on Edgewood Farm over the many centuries. C. Substantial Hardship: A literal enforcement of the applicable zoning district (100 foot Perimeter Setback) would create a substantial hardship, financial and otherwise, to the Petitioner. In order to financially justify the large dedication of Open Space, as well as to g barns located on the Restricted Area of the 2004 Parcel, refurbish and perpetuate the 2 existin Petitioner is severely limited in locating the additional 27 units, and even with the additional 27 units the Petitioner will not be building the Property out to its maximum capacity of 250 units the P ioner's project to be a total of 246 units by adding the proposed 27 units to the currently e;,,., .,g 219 units). D. Relief is Desirable and Not Detrimental to the Public Good. As noted above, P,-titir-er and Mr. Rogers, in order to preserve and perpetuate the area where the 2 large barns 4 -om Osgood Street, carved off approximately 10 acres of the 19 acres remaining in Edgewo,d Farm, thus limiting the areas where Petitioner could locate the additional units. Petitioner's other land will be the subject of an Application to the Planning Board seeking modification of the CCRC permits to allow other CCRC uses (8 additional beds to the 45 bed skilled nursing facility, as well as the addition of a social day program area and alternative dining space, along with expansion of the wellness and physical therapy areas). The variance requested will provide desirable relief in that the Petitioner will be able to refurbish the 2 barns, and thus preserve the streetscape from Osgood Street relative to Edgewood Farm. As noted throughout this Petition, Petitioner's property is surrounding by existing permanently restricted Open Space, for which Petitioner Use's are quite compatible. E. 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 supporting by the requested Variance, will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. F. Conservation Commission RDA: The Petitioner applied for and received its RDA from the North Andover Conservation Commission, which approval has become final. {14327\00002\A0132438.1} 4 Conclusion For the foregoing reasons, Petitioner respectfully request that the ZBA grant the variance from 100 feet as shown on the Plans filed with this Section 13's Perimeter Setback requirement of Petition. Respectfully Submitted, Edgewood Retirement Community, Inc. By its Attorneys Devine Mi llimet& Branch, P.A. Robert W. Lavoie, Esq. 300 Brickstone Square An , dover MA 01810 ;14327\00002W0132438.11 5 Engineering HirschI EXISTING BARN TO BE REMOVED. 100 FT BUILDING luLtafts"mm SET BACK EXISTING GARAGE TO ft"VA 011-M BE REMOVED p on?)3044n -<7 boom" DE AM _ ROADWAY -4 + PRO 3v cc aft i y �<i 'r,`' yg4y raye ,g,; I PASO cod 0 a PAT PROPOSED COTTAGES Go 0 44? y ERb — A col "QSCsz b Ap NPO c A? �-600�p Bp RN c 'A iMEW VENTRESCA CIVIL noxa,eoW No.46M DAM Aeiw-IFLM— Wten:IRA—. 1. THE INTENTOF THIS PLAN IS TO SHOW THE RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THE A. SHECT PROPERTY LINE SHOWN HEREON. Z BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR DOSTING CONDITIONS. 1'-40' PROPERTY LINE INFORMATION AND WETLAND DEuNEA-noNs. 40 20 0 40 80 C-4 & WETLANDS WERE DEIJNEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. 40F5 PEV. 4. PROPOSED COTTAGES;- 27 NOTES: , 1. THE INTENT OF THIS PLAN IS TO SNOW THE z Nitsch Engineering RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO _ j THE PROPERTY LINE SHOWN HEREON. 2. BASE PLAN COMPILATION OF ON—THE—GROUND , tsm"m rm%m SURVEYS. SEE THE SURVEY PLANS FOR EXISTING — 01 CONDITIONS, PROPERTY UNE INFORMATION AND — FPl?)M4 n WETLAND DEUNEAMONS, I @ � 3. WETLANDS WERE DEUNEATED BY WETLANDS CO�AGSES , Cr �� PRESERVATION INC. ON AUGUST 2006 AND NOVDABER B 2006. BibAon 4. PROPOSED COTTAGES 27 ro 9' I 11 I � 2 6' 11 IFt2 k 24 29' j j � G6a• �._sT*�PATIO �'2y, , -- - r PATIO _PATIO 'a �r Y-- ---- i & or an oa- ago- PATIO __..._ t•^;r�`r �',y, n "+"•.K�•3�; "fid 3y "^•/= S r�� z IE f a y>vl �,+4 •th, � � 100 BACK SETa Lu 14 FT WIDE FIRE ACCESS 7 14 FT WIDE ACCESS 62 t W y M r I +^- '- � �7Cfyry�� :r�1'fi yet X�.•.�,. � . s Q I i,.ru •_' err Kti ,µ"• 69.* 1m7eCn wm.I�..mo r T 4 ¢ PATIO PA _` a+.i �Y wm ma ix.xooi c, PAT10 Y P•A-��- �! _ nmoncT� s,w V CA SHEET: 40 so 40 20 a--" C-5 5 OF S REV. ____.. -. ._.._.-_.- ...-_...__. APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 5 Description of Variance Request Petitioner respectfully request a variance from North Andover Zoning Bylaw Section 13.5.d.1 (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of 6 buildings (containing 9 units) which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC)), as follows Unit Required Provided Variance Re uestcd G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G_-7 100' 66' +/- not to exceed 35' A-4 100' 51' +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' 14 2 \00002\A0132435.1 { 3 7 } APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6A Difference from Zoning Requirements Perimeter Setback of 100 feet required. Provided: Less than 100 feet, as shown on the attached plans and as detailed below Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 5 P +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' {14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6B Existing Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. (14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6C Proposed Lots The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6D Required Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002W0132435.11 APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 7A Existing Buildings There are a number of pre-existing barns, agricultural buildings and two single family dwellings, and one 3 family dwelling currently located on the Property, all as shown on the accompanying plans. 114327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 7B Proposed Buildings Under Section 13 on continuing care retirement center, a total of 27 additional dwelling units consisting of Independent Dwelling Units under Section 13.3.c are proposed to be constructed. Nine (9) of those units located in a total of 6 buildings will not be able to meet the 100 foot Perimeter Setback under Section 13.5.d.1. All buildings will comply with the 30 foot setback requirements of the underlying zoning district, which is an R-2 District. The Variance requested is as follows: Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G_-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 51' +/- not to exceed 50' A-5 100' 621 +/- not to exceed 39' {14327\00002\AO132435.1} I i I i f s EDGEWOOD RETIREMENT PROPERTIES,LLC i C/O EDGEWOOD RETIREMENT COMMUNITY, INC. � 575 OSGOOD STREET NORTH ANDOVER,MA 01845 { (978)725-3300 # i t April 12,?.007 l s North Andover Zoning Board of Appeals ! 120 Main Street North Andover,MA 01945 Variance Petition for Setback Relief Petitioner: Edgewood Retirement Community,Inc. yroperty: 549 Osgood Street,North Andover, MA (Map 36, Parcel 17, 18 7 y) Owner: Edgewood Retirement Properties, LLC i s To the ZBA: t This will confirm that Fdgcwood Retirement Properties,LLC ("Owner") is the record title Owner of the above-referenced Property;said Property is a portion of the land which is the subject of the Variance Petition brought by Edgewood Retirement Communities, Inc. ("Edgewood Retirement"). i The Owner hereby authorizes, and confirms its authorization to,Edgewood Retirement to file the Variance Petition for the Property, in as much as Owner will be transferring ownership of the Property to Edgewood Retirement upon successful completion of the 1 permitting process(which had started earlier this year with the Conservation f Commission,is now before the ZBA,and will continue through the Planning Board for b Special Permits, and the Conservation Commission for an Ordcr of Conditions). This w111 further confirm that the Owner is the 100%subsidiary of Edgewood Retirement. For the sake of convenience,title to the Property when it was purchased from Mr.Rogers in 2004 was taken in the name of Owner, due to the fact that Edgewood Retirement's expansion plans were only just then beahuiirlg to be formulated. As can be seen by this filing,the Expansion Plans have coalesced into the curTeTit Program only nater a careful,methodical consultation with Edgewood Retirement's resident community and various Town of North Andover Boards and Officials. 1 Should you have uny questions,require any further infoniiation about this matter,please do not hesitate to contact me,or the attorney for Faigewood Retirement and for the 1 t 7 t,t S {14327\776111A0132447.1) • 3 E E t +iS 5 i i Owner,AttoIIIey Robert W.Lavoie of Devine Millimet.&Branch,P.A. located in Andover,MA who can be reached at(978)475-9100. Very truly yours, 1 E EDGEWOOD RETIREMENT PROPERTIES, LLC € � � l Marlene G. Rotering,Manager c w E t 6 i 1 i i E Y t (I 432,17761 1\AO 132447.1) i BK 9223 PG 177 QUITCLAIM DEED I, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301, North Andover,Massachusetts(the"Grantor'),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 00/100($950,000.00),grant to EDGEWOOD RETIREMENT PROPERTIES, LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS,the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover,Essex County,Massachusetts: 0) Lot 7 on a plan by Harry R Feldman, Inc. entitled"Plan of Land No. Andover,Mass." dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of U Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. I Parcel A on a plan by Robert M. Gill&Associates, Inc. entitled"Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 .b with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. U U C m ca 4 Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc. entitled"Compiled Plan of LoO o in North Andover,Massachusetts dated July 5, 1,995 and recorded as Plan No. 12724 = ? with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area of2N a� 93,945 square feet which includes Lot 2A-2 containing 1 297 square feet and Lot 2A`�' -c �1 ( g q U containing 128 square feet). 0a W The parcels are conveyed subject to and with the benefit of all rights,easements,covenants, N s O restrictions agreements and other matters of record,to the extent the same are in force and 1'x' � applicable,including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. For Grantor's title to the above, see the following: Deed dated June 14, 1984 from The First National Bank of Boston, as trustee,recorded at Book ► 1826,Page 134 [as to portions of Lots 2A-1,2A-2, 2A-3 and 7]. tai Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948,Page 170 [as to a portion of Parcel A]. Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363,Page 306 [as to portions of Parcel A and Lot 7]. Deed dated April 24,2000 from Michael L. Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-2]. (� DEVINE,MQLLD ET &BRANCH PROFESSIONAL ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 B .23 PSG 178 5fi Executed under seal this day of K)pcsmjgf .2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: On this day of g c t,H , , ,2004,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: Aidentification based on my personal knowledge of his identity,or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is. unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Pub ' (,+!•C,Avoi�' `LL My commission expires: (SEAL) i t:l l BK 4378 BB 115 `- DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws, Chapter 180,with "Grantee") CO Massachusetts the Grantee )with a usual place of business in North Andover,ESSgL �', '^ Quitclaim Covenants,a certain parcel-of land situated on the Easterly side of Osgood Street in 00 North Andover,Essex County,Massachusetts,shown as Lot 6 on a plan entitled: "Plan of Land d No.Andover,Vasa."by Harry R Feldman,Inc.,Land Surveyor,dated April 11, 1989,consisting y of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as � effected by an Affidavit dated November 9,1989,-recorded with said Deeds in Book 3029,Page 4 90, (the "Plan"),said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and 0 described as set forth in Exhibit A attached hereto and made a part hereof, containing,according �p 0 o to said Pian as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the 0 rdN a "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: 0 o (1) All rights,title, and interests, if any,of Grantor in,to and with respect to any land kD 00 lying in the bed of Osgood Street-directly abutting the Premises; ai (2) the non-exclusive right, in common with Grantor and all others legally entitled thereto, to pass and repass over the "Lane To Pond Pasture (Private Way)" shown on the Plan; ro W (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and W exclusive right and easement for signage, drainage, grading-and slope rights in that certain o triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 N of 4) as Drainage, Grading dt Signage Easement", said parcel of land being more particularly " ' co w bounded and described as follows: ro � II WESTERLY by Osgood Street,as shown on said Plan, 38.06 feet; NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 feet; ', SOUTHEASTERLY by Lot 6,as shown on said Plan, 79.68 feet. together with-the perpetual and exclusive rights and easements in those portions of Lots 5A and 7 shown on the Plan designated as"Construction Easement'A'","Construction Easement'B'"and "Construction Easement'C'"on the plan entitled: "Plan Showing Easements for Edgewood Life Care,Inc No. Andov.rkMass." dated August 20, 1991,prepared by Harry R. Feldman, Inc. to be recorded-herewith for drainage, grading and slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding 9L the provisions set forth in this paragraph(3), Grantor reserves to himself and-to his successors �..,, 1 a`1 l5 �dcte�,aocs-i 1-fl--rvec�n� ��, A c,[1 C,,-C- C Bid 4378 PG 116 and assigns as the owners of Lots SA and 7 shown on the Plan the right to use those portions of Lots SA and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements heroin granted by Grantor provided that Grantor,shall not erect or allow any other person or entity other than Grantee, its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein. This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall run with the land,be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (21)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992,or for fifty(50)years from March 31, 1992, unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage trails. Said restrictions, covenants, licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities developed by Life Care Services Corporation,a corporation organized under the laws of Iowa with a principal place of business in Des Moines, Iowa This restriction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making a loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis courts,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest hay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede Grantor's ability to mechanically cultivate and harvest hay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between BK 4378 BB 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutually agreed between Grantor and Grantee provided that the same do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. (g) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d),(e)and(f)shall be subject to the terms of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith, and Grantee necessary shall take such steps as may be to enable Grantor to exercise the rights set forth in subparagraphs(d),(e)and{f)hereof,subject to and in accordance with the terns and limitations set forth in such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative, permit Grantor,at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access road provided such utilities are only used to service existing(or relocated existing) residences, farm structures, and farm-related uses, and for no other purpose. It is understood beemeen the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided, hov=,ever,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall T the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions,covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1984 and October 22, 1986 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. GK 4378 PG 118 WITNESS my hand and seal this 9,7dday of DEW er, 1995. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS Su�r9ollr., ss. OM*10Gr ,'t.7, 1995 ed the Then personally appeared the above named Samuel Stevens Rogers and acknowledged foregoing instrument to be his free act and deed,before me eoaL a0it., o Public My Commission Exp res:s8f64er :ab,=07` XW X �� P► �. Uyx� co N ttj lt. BK 437$ PG 119 The undersigned ersi eherebyis the restrictions,covenants, licenses and reservations of �p rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC- By: Sac COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. a e w Ker ' 1995 $ cR rAaY Then personally appeared the above named Elizabeth A.Beland,Treasurer�of Edgewood Retirement Community,Inc.,and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me n C.. Nva q Lie 1 ?' Notary Public My Commission Expires: g 11 � i aff A GK 43 t 8 PG 1�0 LOT 6 METES $ SD ON Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W, along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W,a distance of 150.00 feet to a point; thence turning and running N 52' 45' 33"E,a distance of 79.68 feet to a point; thence turning and running N 66' 10' 59" E, a distance of 165.10 feet to a point of curvature; thence corning and ruining by a curved line to the right of radius 350.00 feet,a length of 199.23 feet to a point of tangency; thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature; thence pining and running by a curved line to the right of radius 125.00 feet, a length of 118.34 feet to a point of tangency; thence running S 26' 57' 27" E,:a distance of 45.37 feet to a point; thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E,a distance of 21.00 feet to a point; thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14" E, a distance of 120.68 feet to a point; thence turning and wining N 78' 26' 40" E,a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37" E, a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a pow; thence turning and running N 13' 22' 00" E,a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point; If BK 378 PG 121 ruttttting by the following thence turning and five courses: S 76' 33' 49" E,a distance of 84.46 feet; S 82' 55' 37" E, a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.1 I feet; S 85' 03' 11" E, a distance of 99.77 feet; S 89' 03' 24" E, a distance of 51.10 feet to the end of a stone wall; thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a drill hole at the corner of the stone wall; thence turning and running S 19' 17' 59" E,along a stone wall, a distance of 181.49 feet to a point at the corner of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E,a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E, a distance of 363.94 feet; N 77' 34' 20" E,a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Cochichewick as located on January 6, 1986, 1,485±feet to a point; thence turning and running S 79' 55' 35" W, a distance of 594±feet to an iron pipe; thence turning and running N 17' 50' 15" W,a distance of 239.03 feet to a drill hole at the corner of a stone wall; thence turning and running along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a drill hole; S 76' 29' 23" W, a distance of 311.43 feet to a drill hole; S 67' 43' 31" W,a distance of 120.13 feet; S 57' 36' 33" W, a distance of 89.12 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall the following three courses: N 32' 14' 07" W,a distance of 102.94 feet to a drill hole; N 32' 25' 40" W,a distance of 223.93 feet to a drill hole; N 32' 12' 31" W,a distance of 128.31 feet to a drill hole at a bend in the wall; thence turning and running along a stone wall the following four courses: N 58' 43' 38" W,a distance of 64.03 feet to a drill hole; N 61 12' 19" W, a distance of 195.17 feet to a drill hole; BK 4378 PG 122 N 59' 01' 34" W, a distance of 170.63 feet to a drill hole; N 55' 35' 13" W,a distance of 102.85 feet to a drill hole at the corner of the wall; thence turning and running N 36' 59' 44" E, a distance of 306.32 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W, a distance of 277.64 feet; N 31' 14' 46" W,a dim of 383.73 feet to a drill hole; thence turning and running N 15' 55' 41" E, a distance of 26.38 feet to a point; thence turning and running by the following five courses: N 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W, a distance of 39.59 feet; N 60' 05' 42" W, a distance of 58.96 feet; N 74' 43' 12" W,a distance of 49.85 feet; S 62' 59' 43" W,a distance of 21.32 feet.to a point; thence turning and running N 20' 00' 00" W,a distance of 24.00 feet to a point; thence turning and running N 81' 12' 09" W,a distance of 81.12 feet to a point of curvature; thence ming by a curved line to the left of radius 300.00 feet,a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W, a distance of 178.61 feet to a point; thence turning and running S 18' 29' 06" W,a distance of 153.20 feet to the point of beginning. NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Dated Notice of Decision A Continuing Care Retirement Center • • Special Permit for Construction of Continuing Care Retirement Center 10/5/8910/5/89 -Recorded at Book 3119, Page 257 8/25/95 -Recorded at Book 4323, Page 335 • Extension of Special Permit for Construction of Continuing Care 10/5/93 Retirement Center 2/15/94 -Recorded at Book 3983, Page 268 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center 9/18/95 -Recorded at Book 4341, Page 61 B. Site Plan Review • 10/5/89 • Site Plan Review 10/5/89 -Recorded at Book 3119, Page 266 8/25/95 -Recorded at Book 4323, Page 344 • • Extension of Site Plan Review 10/5/932/15/94 -Recorded at Book 3983, Page 268 • 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 -Recorded at Book 4384, Page 99 10/24/95 (14327\64824\A0131463.1) t Conservation Commission Dated • 10/27/95 • Conservation Restriction 11/10/95 -Recorded at Book 4379, Page 242 • 8/2/95 • Order of Conditions 9/1/95 -Recorded at Book 4331, Page 21 {14327\64824\A0131463.1} Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 71 states in part'Parries 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 fist,not withstanding that the land of any such owner is located In another city or tam,the planning board of the city or town,and the planning board of every abutting city or town.' Sublect 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 Man 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 certiles that the names appearing on the records of the Asse ors ice as of Certified by: } ate 3YIA27 C:=) —I r . _ - fnD h� C7 y �r Elevations and Floor Plans APR 19 2007 BOARD OF APPEALS ---------- ----------- ------------ NOTES: 1. THE INTENT OF THIS PLAN IS TO SHOW THE nool OVERALL PROPERTY. Nitsch Engineering 2. BASE PLAN COMPILATION OF ON-THE-GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 90*&VA OM11-M 3. WETLANDS WERE DELINEATED BY WETLANDS Fletnamerrt PRESERVATION INC ON AUGUST 2006 AND NOVEMBER 2006. Cht Lmmd rfift 4"4 4. PROPOSED COTTAGES: 27 ^T Su Olt C) N C-43_AND FC-4 ti < z CL Lu Lu z -j cc Lu z O0 0 Lu 71 PRO)Wrf wso 605MZA4VUAUJM APRIL I:.7W7 tt OF 'Tf PRO BLTMOR SAB WRVHYGL DRAFTED BY:SV EVEN G CHB=BY:SAS SCALF- V ESCA SHEET: 1"=300' No. VIL C 50 . 0 300 600 0?' 1 OF 5 REV, v r _,-'-�,.t �-. ,r = -,.�^••war�"rte:, :��-•"666 -_.+� ,(/� 7 .ice �➢. 3 o'fi* rJ Vd as O •t% a::. . I JJ • r i-- ----------------- - - -- -- -- ------------ -------- - --- - - - --- - --- -- - - -- - - - --------- NOTES: PROPOSED 1. THE INTENT OF THIS PLAN IS TO SHOW THE AREA P \ COTTAGES OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. Nitsch Engineering 1 2. BASE PLAN COMPILATION OF ON-THE-GR(XUND SURVEYS. SEE THE SURVEY PLANS FOR E)OSTING �^ � r>.�" r `• CONDITIONS, PROPERTY UNE INFORMATION AND uaumrsr4or�ao ( WETLAND DELINEATIONS, 00"VA 11-M rMamsam 3. WETLANDS WERE DELINEATED BY WETLANDS P:M7)EM4M / PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. :ckv g., Lw Illooft 4. PROPOSED COTTAGES: 27 a Saw= NO CLOUDED AREAS SHOW WORK IN co THE 25 FO£✓ - =_ X of x NO DIS BANOT ZONE WORK IN 25 FOOT ' _ NO TOUCH. REMOVE EXISTING GRAVEL DRIVE EXIST BE RI � �-�,, _ � +. •fix�. - _..� - c _ a F V 5 `'. EXISTING GARAGE TO ,� m 1 BE REMOVED _ �g µr ' S5, aa.`_mss•—n• R w �F P3, P ly.\ �_..... -. •r� .0 �' �����i; (_"1 S� �1..� �� "�ti.+t �� rwreLTr mw ' t � _ _` .C2-.0 y��� / `- fir F .fR"'�.�.. ��1 }._ la"'lv'�•1 F }j �.A .'V��,a!!S,� UM-APAIL 12.1001 rPMMOL'six DRAFMDBY:SV .._ •r,,. BTEY[.N �, ^•` d �•�. >r a��^ � t:`� .� � •��4 '' am=lr.anu SCA1 F. q- •° CIVIL .cz�.ra\ _ _ '`a r�•ss" .,... sIrFr:r: EXISTING B RNiO40 20 0 0 80 .Q C-2 BE RENOVA D •ca _ m �XISSIN 5 u u X15SING .%' ±ors REV, I � ii > e;t . ._, , —11 ,- �s . � , �i,,,, ;.:,:�.:�. , , , : ... *; , .f- �... � :�:i�:::..,:�-,._:..,.. � . Y J f s .� ..-. . - r �- I . .,;I t. � ,�,��,�,,�:�,.?,:..,�� 1: ,-,, , ,,.. r _ h t tT. ` I -11�1,, , , - IiIi.-��,:��- � - .;��". - " . ...,,- - . �,-.,-�-.�:.�,,'��:,��:.';�,:""�,. �' ( 4 4�.t tt� '� D t- 'r! * F .c i rtis Jr A F 1 a S" C^•Xi 4 '' S ; �;: t z: -.. '.� a rt�rP ' a.. i 1. s S i' S �rtf +i 'r J t': n t.:�a + r y f4y v l T A::. t N Kx 'r.t A r' J < Z J \� I i + t _ F i t �`L z'�'' + r S' =/ J ...V r JA .; '.� t ,I. I t. I .T r 4 .. :,i,,.—,.,,I—"( 1. \- Opw0� a F�� gp A� .O QO 1 - (Inn '1. , "�'.�Y E175 .:.: - .: .:.. _ .,,:i: :i -� � Parcel G: Looking North 3D.G Scale:N.T.S.(not to scale) -,-. -,,- E.R.C. Cottages & Barns 0706.00 4.12.0; . g ----------------- ---------- EXISTING BARN TO Nitsch Engineering BE REMOVED. 100 FT BUILDING SET BACK EXISTING GARAGE TO BE REMOVED bo"Ima"ll- aOum P.(617)u"m . .. ......... PROP, MOE ROADWAY, r-n 41 co If) 01 Z� 0) jp to ca c, rc PA US VMS ti PROPOSED COTTAGES -M, co Boo HU G kL. -TNN BARN 'TO COS tot 'A OF STEVER. VENTRESCA- a. C VIL MOM, M Ncl.21 M&aromA4AIMQM sx IT 1111,Allll*11,1" SAD NOTES:* DUMM SV CHKMRY:SAD BETWEEN COTTAGES To 1. THE INTENT OF THIS PLAN IS-TO SHOW THE RELATIONSHIP 8 THE PROPOSED 00 THE vy SHET-7 PROPERTY LINE SHOWN HEREON. SCALE: 2. BASE PLAN COMPILATION OF ON-THE-GROUND SURVEYS. SEE THE SURVEY PLANS FOR EASTING CONDITIONS, 1"-40' PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 3. WETLANDS WERE DELINEATEDBY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. 40 20 0 40 so CA 1 4. PROPOSED COTTAGES: 27 4 ors REV. i z G.1YFl�k 4V Y4 F Jy�Y•Yh-ice L� t� 4 ti,7• S 1 tfies� aFti♦Y(l�`v"ki4�c I� { at. y ) ; 1. i y I:y } t � - F r -' t J im F. Ow 9X g. v s2 m tt5 Parcel A: Looking North Scale:N.T.S.(not to scale) 3D.A E.R.C. Cottages & Barns 0706.00 4.12.0; N P 0 T e- N , � n A r TTS • O C m T T � w Floor Plan 1400 SF Cottage �e: 1,�• .�y. E.R.C. Cottages & Barns 01'2' 4' 8 14' Am1m '0706.00 4.12.0; 1 � ~ L' [ c NOTES* 1. THE INTENT OF THIS PLAN IS TO SHOW THE RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO Nitsch Engineering THE PROPERTY LINE SHOWN HEREON. 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR DUSTING CONDITIONS. PROPERTY LINE INFORMATION AND op 7.'(817)3*aU WETLAND DELINEATIONS. 3. WETLANDS WERE DELINEATED BY WETLANDSCOTTAGES DS PROPOSED w, 00 rr4hmww PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. pbwft 4. PROPOSED COTTAGES. 27 2! up low maw PATIO 00 OR- .......... z :E IE fj lBUjLD%j4G S.-, 5pCy, Lu Z 14 FT WIDE FIRE ACCESS CL Z o 0 14 FT WIDE ACCESS 6 2T! Lu 69'± roman coso 'A OF ATnl PATIOKOJWrUM'SAA STEVEN y4 a`ver°c VENTRE8CA CIVIL CKBCMBY:Seb N.AA.— SHEET: SCALE 40 20 A_—, 40 80 — _ _ o�- C-5 Lt SOF5 REV. ---------------- ....... %o -0�chi� ' of •,QF,�'r0E �..Fc' � 0.43 J •• � <)'HOF VAASSPVt'• �O 51,J RooK -fff^eF4(-r TSA c E 4 _=_ ` ymyqq c `/ id L4 c cd N 0 �« � o L U- U S,o e.. m U) od LT " o u r l cz u n T n _ r O 'Poec.&4 ! ! , Grgv�C # r u " C.3 O rr ii _ �c.4F�-tA-rt c. 1"'r Fi m ` L-A k1 I�i1t►� 3 s e 1%400 SF Ua LT ••��`gFfD ARS, Qy �NOEWLyC Ci 0 CB R OG h �p • ;o J rSp PGS.' O . .�q(NOF MpSS C Scl� iZooe� 31ceAv-PAST i � n ' C2ooe.1 0%01 0 tA.5" m c. C. W 4 0) OAtL Co C C co 'Ae►1/ °� U- com 1 it LO itcztt 0 cz 2 chtiz a qt!tt a, G(AICAtKE tl ct 0 It 0 tt tr W 1550 61F a a i s .�-�hr js oLbt � ��� �� r"2•► �°°-�QrZ �,yaY'3h'S r^�a.�� X51 ���'vw3h�- m -n r, ; " it „ cn Coll go (nAISM O hld� cQ ._ CD � •� t+L�.W � o Y+�ha�Q b __=__ JO Ht)b• 4, M ,8i •CSS ,i g '3 o o•' �l 'ON . A� O w �yJbY 03N3ti - r - ••Qy,G�St N WGy��lF•• ' `cr • y MA W �p Jy O •. q FO o O Right Side Elevation Rear Elevation Left Side Elevation ''^^ 24 0 2'4' 6' 16' 24 0 2'4' 8' 16' 24' CU VJ 1/16"=1'-0" 1/16"=1'-0" > L w � m cn 015 C O U u U O IffillL ca 8' Cn W 0 Front Elevation £E 1 4 s 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 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 Vf72 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community V375 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 1,349 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust vP.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross `1+9 Stevens Street,North Andover,MA 01845 t 36 5&6 Nancy Melia- Le23 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts VtlUvl 00 Cambridge Street,Boston,MA 02202 4-;Lb-D 36 4 George Ousler LA23 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti L.,50-6 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 1,,604 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover ,f20 Main Street,North Andover,MA 01845 101 1 Ronald Rudis ,A8 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 1386 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos L,.080 Osgood Street,North Andover,MA 01845 101 6 John Correia %,&4 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman ✓578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan \,04 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. v(116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Asse ors ice as of Certified by: ate ............ .......... NOTES: 1. THE INTENT OF THIS PLAN IS TO SHOW THE OVERALL PROPERTY. Nitsch Engineering f 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING wwwadhochanpAmm CONDITIONS, PROPERTY LINE INFORMATION AND 186 Um*SkoK 60 2W WETLAND DELINEATIONS. 80"*%omll-m I T:I67�3964063 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. LEW Suraft 4. PROPOSED COTTAGES: 27 Tawmwm F 6, pbwkg o GIs Sv*n C) o C-3 AND C— SHEETS 4 iLl :E z z L) < < v cc A— v uj 0 Z td No cc UA 0 z 0 :V, V. C LU K N PROJBCT# 6050 ME OMBA SCALE 1--300.' -yI, DATE APRIL 12.2W7 PROMMM SAB jv%OF SURVINOt MAP=BY,• SV STEVEN G 'M'MBY: SAB VENTRESCA CIVIL SHEET: SCALE NO. 1'=300' 300 150 0 300 600 I OF 5 REV. .......... ................. ............ ---------- ................ ------ NOTES: " \ PROPOSED 1. THE INTENT OF THIS PLAN IS TO SHOW THE AREA -A COTTAGES OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. Nitsch Engineering 2. BASE PLAN COMPILATION OF ON-THE-GROUND CONDITIONS, THE SURVEY PLANS TION CONDITIONS, PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. w @t111-tom Q%"t, 3. WETLANDS WERE DELINEATED BY WETLANDS F:(117)3354M PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. Low Suroft Twom"m Ev"Ift 4. PROPOSED COTTAGES: 27 as sin .......... si, 'Y CLOUDED AREAS SHOW WORK INNO A�AO THE 25 FOOT NO co DISTURBANCE ZONE N., WORK IN 25 FOOT NO TOUCH. REMOVE EXISTING GRAVEL DRIVE EXIST BE R z z X_ EXISTING GARAGE TO ca z ccBE REMOVED Z cc z r. O 111Sty .- LL. o z 0 C2 Ln LAA co 25' w fkO 25 WA Z5, L-5 V • nkon=o 000 92 92 FILL' 60SOMA-PA711DWO 10CALL: I- DAM APRIL I_2007 PROWMGL' SAO smviyolt DRAFIMSY: SV qu STEVEN CLQX=BY: SAO V - SIlrT. T aVI SCALE: NO.46872 A .0 40 20 0 40 80 EXISTING B RN -Tri C •••2 BE RENOVA D -TING ING. 2OF5 REV ~ e� -- +' —EXISTING BARN TO Nitsch Engineering BE REMOVED. 100 FT BUILDING SET BACK EXISTING GARAGE TO Az r2 'ra IMMOSWKSIAM BE REMOVED Cho 1; Tmpow WIDE R OADWAy 4h. to cl 00 co low ui cc Lu PROPOSED COTTAGES z A2 4;z Lu to MILK co STEV ml 603m-PAICELODwo DAM APRIL 12, 7 MoJecTual SAS BY. SAB 1. THE INTENT OF THIS PLAN IS TO SHOW THE RELA11ONSHIP BETWEEN THE PROPOSED COTTAGES TO THE SHEET PROPERTY UNE SHOWN HEREON. SCALE 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR E)OSTING CONDMONS, PROPERTY UNE INFORMATION AND WETLAND DELINEATIONS. 40 20 0 40 80 3. WETLANDS WERE DELINEATED.BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. C -4 ~ | � = . __ _' - -__-___--_ _-___-__ v NOTES: 1. THE INTENT OF THIS PLAN IS TO SHOW THE Nitsch Engineering RELA71ONSHIP BETWEEN THE PROPOSED COTTAGES TO Z7 THE PROPERTY LINE SHOWN HEREON. w In out sub mo 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, PROPERTY LINE INFORMATION AND T-(M?)3*= WETLAND DELINEATIONS. p fm 7)3m4472 PROPOSED 3. WETLANDS WERE DELINEATED BY WETLANDS Cklrm* 'R COTTAGES PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER LXW Swvlft 2006. 4. PROPOSED COTTAGES: 27 wy- i4 d4 K4, PA 9 TIO % 1 i-6, .6. z 0 z < 101 SET 8 pcy- cc 0 uJ _j us Q z Ft Lu z = < 14 FT WIDE FIRE ACCESS w cr 'P, E C/3 cc 0 z 0 14 FT WIDE ACCESS 62, co ra A! fin 4, F',rky PROJWr 600 69'± ME. SCAM 1"-4n** OF PATIO PAM 14 OF DATE' APRrL 12.2007 AJIU PROJBCrUM' SAR Aj SURVEM STEVEN DRAFM BY: Sk' VENTRESCA BY: SAB CIVIL No.46M SHEET: SCALE 40 80 L 5 OF REV. ' ' I VARIANCE 9. WRITTEN DOCUMENTATION 410. B. 'Plan Specifications: Application for a Variance must be supported by a i) Size of plan: Ten(10) paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40' detail all facts relied upon. When requesting a Variance In One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only,and one block for five(5) ZBA signatures&date. the North Andover Zoning By-laws, all dimensional lila Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or "10 C. 'Required Features On Plan: structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300' radius C. Fads which make up the substantial hardship, 6. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions,easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Fads relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds,and garages, application. shall require only the plan information as indicated with an. asterisk(I. In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a check or money order to: 'Town of North Andover- Clerk's Office and ZBA secretary at least thirty(30)days prior to the public hearing before the Zoning Board of 4022-1760-4841'for the cost of first class, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's list for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new constructioniconversion/and/or a (currently 39¢)x the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 11.8. Mailing labels:Applicant shall provide four(4) 10. A. Major Projects sets of mailing labels no larger than 1"x2-5/8" (3 copies Major projects are those,which involve one of the for the Legal,and one copy for the Decision mailing). following whether existing or proposed: 11.C. Applicant shall provide a check or money order I)five(5)or more parking spaces, to: 'Town of North Andover' per 2005 Revised Fee II)three (3) or more dwelling units, Schedule. III)2,000 square feet of building area. t► A Variance once granted by the ZBA will lapse in Major Projects shall require,that in addition to the 1 rr'B& 1 (one)year if not exercised and a new petition must 10C f ,,eatures,that the plans show detailed utilities, soils, ,Ie submitted. and topographic information. COVENANTS WHEREAS, EDGEWOOD LIFE CARE, INC. (Edgewood) has entered into an agreement with SAMUEL STEVENS ROGERS (Rogers) for the purchase from Rogers of a 62-acre parcel of land off Osgood and Stevens Street, North Andover, Massachusetts; WHEREAS., the purpose of the prospective purchase is to allow the development of• a Continuing Care Retirement Center (CCRC) on the site if approved by the Annual Town Meeting g of the Town of North Andover which. commences on May 21 1988 ; WHEREAS, in order to develop a CCRC on the site, final approval after Town Meeting will be required by the Town Planning Board and other municipal *agencies; WHEREAS, Edgewood and Rogers are willing to impose certain covenants on the site which will run with the land; NOW, THEREFORE, Edgewood and Rogers covenant and agree to the following: 1.- Edgewood and Rogers submit to the jurisdiction of the Town and the' Planning Board in the acceptance by the Town and the Planning Board of the covenants contained herein. The Planning Board shall have the authority to implement, monitor and enforce the covenants contained herein, as part of the definitive plan review, site plan review and the Special Permit by the Planning Board in Article 27 in the Town Warrant. 2 . Edgewood and Rogers agree that the Planning Board shall act as the agency of the Town in the acceptance and enforcement of the covenants contained herein. 3 . Edgewood and Rogers agree that the Planning Board has the power to exercise its discretion with respect to the covenants contained herein and is empowered to vary the covenants in any contingency not now existing or any contingency which cannot be now foreseen. 4 . Edgewood agrees that there will be no construction in the Lake Cochichewick Watershed, as it has been presently constituted and defined by the Town. The actual Watershed line shall be determined by a survey conducted by a registered professional engineer. 5. The permanent conservation e aseme nt, as required b the provisions of Article 27 and as applied to t Y shall include all common open space and not merely project the property in the Watershed. Y portion off The conservation easement shall permit the use of the open space by residents and guests thefacilitY for walking, exercising and other such activities. JUN 12 u FILE BOARD OF APPEALS _2_ i 6. The Planning Board shall have the authority, pursuant to the definite plan review, site plan review and Special Permit process as set forth in Article 27, to require reasonable changes in the siting of the building for the project. 7 . Rogers agrees to continue the operation of Edgewood Farm, on the parcel immediately adjacent to the project site, in the same or substantially the same manner as he presently operates it and not to convert the Farm to another use, without the specific approval of the Planning Board, for a period of eight (8) years from the date of the close of the 1988 Town Meeting. Rogers shall not be obligated to rebuild or replace any building or buildings on Edgewood Farm which may be destroyed by fire or other causes. 8 . In the purchase and sale agreement between Edgewood and7 Rogers, Rogers has agreed to give Edgewood a right of first refusal on the sale of Edgewood Farm as it will be located r adjacent to the project site. Edgewood agrees to assign to the Town of North Andover its said right of first refusal, as contained in' said agreement. If the Town exercises the right of first refusal and purchases Edgewood Farm, the deed conveying the , * Farm to the Town will contain a permanent restriction that the Farm may be used by the Town only as open space or for a school building site and not for a use such as a town garage, storage building or any other use. ' The Planning Board will be reasonable and exercise good faith in the administration and implementation of the covenants contained herein. This agreement and the covenants contained herein are conditioned on the passage of Article 27; on the passage of Article 32 as contained in the Town Warrant; on a successful closing conveying the project site to Edgewood; on final approval of all state and municipal agencies ; on the development of a CCRC on the site; and on the fulfillment of the provisions of this agreement. IN WITNESS WHEREOF, Edgewood Lie Care, Inc. and Samuel Stevens Rogers have hereto set their hands and seals this 2nd day of May, 1988 . EDGEWOOD LIFE CARE, INC. B . i Samuel Stevens Rogers 4 - YFi wl f t Site Plan (Project ) , Dated 6/5/89 Project Planting and Lighting Plan, Dated 6/2/89 Site Plan (Entry) , Dated 4/27/89 Site Plan (Project ) , Dated 4/27/89 i Grading and Drainage Plan (Entry) , Dated 4/27/89 Grading and Drainage Plan (Project ) , Dated 4/27/89 Plans Drawn Byr Earl R. Flansburgh & Associates Inc. Plan prepared fora Edgewood Life Care Inc. ccl Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Polio Chief Fire Chief Applicant Engineer File i m. Show' details of utility 7crossings under buildings. n. The number of bends used in the 12" water main should be kept to a minimum. o. Show rims and inverts on drainage plan. p. Provide detail sheets of roadway and drainage facilitiem. q. The design of drainage from areas B-1-A and D-1•-B dries not consider the potential for reduction of effective flow area of catch basins during adverse conditions. r. Provide data showing the projected water consumption .and aver projected age dail sews e flew for community. Y 9 the c_rnrn.�nity. s. A D. E. P. D. W. P. C. sewers , system extension permit must be obtained prior to sewer construction. t. Provide a plan for phased construction and erosion control. (6) All existing trees of greater than 12" Diameter with 25, of . the existing tree line shall be shown and labelled on the site plan. (7) The following material has been reviewed by the Planning Board and staff in this Public hearing process and shall be considered as part of this decisions (1 ) Packet ant i t 1 ed a C�1 fZ�._f3.E •Y.l-f7E;.I�IE�iV_T'__L:.0 N,_1.�.F3.._����___.7���.�____ ZUWiy Gf�_IVL7F2�T��11VUfJV�;�f7: (E) Packet ent i t 1 ed a prE:anonterd by Samuel G. Rogers and Edgewood Life Care, Inc. (8) The Special Permit granted under section 8. 3 (Site Flan Review) of the Zoning Bylaw for this site, shall also be deemed as part of this decision. The following plans shall be deemed as part of the decision: Plans Entitledi Town of North Andover, Massachusetts. Stevens Street Proposed Water and Sower Facilities. Datede June 5, 1989 Drawn Bye GCS Associates Inc. Plans Entitleds Topograaghic plan, Dated 12/29/88 Plan of Land, North Andover MAI Dated 4/11/pi t � North Andover the funds referenced in section 13. 6 (a) of the Zoning Bylaw. In no event shall there be units in excess of 250. (4) The architectural style and design of the CCRC; shall be of colonial design, in wood frames or lap siding construction consistent with the style and design of the nearby Cdgewood Farm buildings. (5) All concerns raised by the DPW in the, July 279 1969 letter from Mr. William Hmurciak, as listed below, must be properly addressed and all relevant mKorial ms. nt ba rsu mrittod tog and approved. by DPW prior to the Planning Board endorsing the record plans. a. Show entire water main and creasing utilities on the off site plan. b. The method of crossing the mill pond is not acceptable. The existing culverts at the pend crossings are not shown correctly on the plan. The water main as dersi gned will block the culverts. c. The existing 12" water main stub at Pleasant Street is a plugged bell, therefore no dresser coupling is needed. d. Change the method of connection to existing water main on Harkaway Road and to Millpond units 47 and 53. Add a 12'' gate valve on the north side of Harkaway Road. e. The existing 6" water main on Stevens Street should he eliminated. The services to house 0 120 and 1 .35 should be connected to the new 12" main and the proposed cross connection at the 6" dead encs may be eliminated. f. Show 100 foot stationing on the plan. g. The 12" - 1/8 bends at station 18 + 90 are not necessary. i h. The connection to the existing 8" water main on Osgood Street at the project entrance shall be an 8" x 8'' tapping sleeve and valve. A 12" stub and gate valve should be provided for future extension in a northerly direction. i. Maximum distance between riewor manholes is 300 feet. J. provide profiles of on site roadway and utilities. k. Show all utilities on one site plan. 1. The domestic water services should be connected to the looped 12" water main wheyrover possible. EDGEWOOD LIFECARE. SPECIAL PERMIT FOR A CONTINUING CARE RETIREMENT CENTER (CCRC) , AND PLANNED DEVELOPMENT DISTRICT (PDD) - GRANTED UNDER SECTIONS 10. 3, 10. 31, 11. 3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regarding this Special Permit as required by sections le. 31 10. 319 11. 3 and 13 of the Zoning Bylawsi 1. The proposed use and site design for this lot are appropriate, due to it' s location in Town. 2. Adequate vehicular and pedestr-ian access into the sut,rounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8. 4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 3. The applicant has met the requirementn of the Toziwn for Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. 6. Adequate and appropriate faaci 1 it ion will ber 1,)t-ovi(:1c,?d for.. the proper operation of the proposeci use. The Planning Board finds under Sections 8. 35, 10. 31 Jo. 31, 11. 3 and 13 �CCRC and PDD) of the Zoning Bylaw that the pr-opr.•ised site plan generally ., complies with the Town Bylaw requirremwnts but requires minor conditions in order, to be completely in compliance with Town Bylaws. Finally, the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requir-ements so long as th;e following conditions are complied with. Thee-efore, in order- to fully comply with the approval necessar^y to the facility as specified in the Special Permit befot-e us, the Planning Board hereby grants a Special Kermit to tile applicant provided the following conditions are rnet : (1) The project may contain 192 contir,egate I.1r_uf.-,ing units without the use of the open spagce bont..ts car•• the dousing bonus. (2) If the project taken advantaur? of thr, cor.:1f: n be.', ^Ius, tt'If_n it may contain 221 congregate housing units. (3) If, in addition to the open bonus,, the appl. ir.;,Ints wish to construct more than 221 ur•litS> than they prat ject riu:ly contain up to 250 units upon the payment to the Tann of MUM flM orI � TOWN OF NORTH ANDOVER MASSACHUSETTS QST � �+ '0 �•H 'a9 f NCATM ' ?O•�,'.e.�, 0 3 0 i � w F Any appeal shall be filed 4SACHUS! within (20) days after the date of filing of this Notice NOTICE OF DECISION in the Office of the Town Clerks Date October 5,. 1989 . . . . . . . . . . . . . . . Date of Hearing , September.21, 1989 Petition ofSamuel S Rociers and Edgewood Life Care Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected „East,side sof Osgood Street Referring to the above petition for a special permit from the requirements of the . . . . .Nortb,bmdvver.Zva�ng Ry.W. SJeFJt�PPF. ]P, ,,$P�q}��,��, }t�;, section 10.31 Conditions for Approval of Special; Section 11.3,PDD Procedures; and Section 13, so as to permitth . . . .a , „ Continuing Care Retirement Center . .e consfruc�ion of C'ontinuin'g' t:aie' Re�ilement'CWdt; ' ' ' ' ' ' ' . ... . . . . . . . .. . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted .Conditionally toAppmove . . . . . . . . .the . Special.permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I based upon the following conditions: cc: Director of Public Works Signed Board of Public Works Highway Surveyor Georye. Perna,.gF:,.Chairman. . . . Building Inspector Board of Health John Simonsl. Clerk Conservation Commission Assessors Erich Nitzsche Police Chief • • • . . • . • . . . • . • • . • . . • • . • . . . . • . • . . Fire Chief Paul Hedstrom Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enqineer i Site Plan (Project ) , Dated G/5/89 Project Planting and Lighting Plan, Dated 6/2/89 Site Plan (Entry) , Dated 4/27/89 Site Plan (Project ) , Dated 4/27/89 Grading and Drainage Plan (Entry) , Dated. 4/27/89 Grading and Drainage Plan (Project ) , Dated 4/27/89 Drawn Byl Earl R. Flansburgh & Associates Inc• Plan prepared fort Edgewood Life Care Inc. cep Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File with that R. O. W. . Stop signs shall be placed in both directions along the existing Right of Way. ( 16) There shall be no construction, tree cutting or tsite 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. (17) Edgewood Lifecare, or any sub,ac*queant owner in fee of lot G, 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 Truestee?s of Reservations. That easement shall include all lands in this parcel which are located within the Watershed. The extant 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 plans, all off site utilities shall be submitted to, and approved by the North Andover DPW. ( 19) Prior to the Building 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 Connervat ion Commission that all work under their jurisdiction is being satisfactorily preformed and maintained.. (20) The special Permit granted under sections 10. 31 10. 31 , 11. 31 and 13 ( Special Permit, PDD, CM ) for this site shall also be considered as part of this decision. (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. The following plans shall be deemed an part of the decision: Plans Entitled) Town of North Ondovear Ma5sac:.•hiunettn. Stevens Street Proposed Water and Sewer Facilities. Dateda June 51 1989 Drawn Bys GCS Associates Inc. Plans Ent it led a Topograghic Plan, Dated 12/29/BB Plan of Land, North Andover mn, Dated 4/11/69 i 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 the recorded plans, ( Covet, ,Sweat ) prior to endorsement and filing with the Registry of Deeds. (5) Throughout all lands, tree cutting shall be kept to a minimum in order to minimizes erosion and prey:>erver the natural features of the site. Accordingly, the developer in conjunction with a registered arborir:at, nubmit a tree cutting and reforestation plan consinterit with thaa provisions of Section 5. 8 of the North Andover Zciriing Bylaws, to be approved by the f''lanning Staff pric:ir• to the applicant receiving a Building Permit. This Plan shell explicitly include specific trees to be retained. (6) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. (7) Gas, Telephone, Cable and Electric Ut i l it is-lss be installed as specified by the respective Utility conipariie;?ss. (8) All catch basins shall be protected arid mmlintGained with hay bales to prevent siltation into the drain lines di.tring road constructions (9) No open burning shall be done eaxcr+pt ars in pear^rnittead ClUt'ing burning season under the Fires Dopartmeant rogulat it-'res. (10) No underground fuel storage shall be inat.allead except as may be allowed by Town Regulations. (11 ) All buildings shall have residential fires sapririll.le?rs installed prior to the issuaric;�+ of the Ccartific:ate of Occupancy, per order NAFD. (12) Prior to a Certificate of 0c;c71..traaricy being iszsuc.nd for any structures, this site shall have received all r�r+c.es:,ss�r^y permits and approvals from the North Andover De..,ard of Health. (13) Bonds, in an amount to be determined by the r.'larming Dr..'ard, shall be posted to ensure corrntt,uct ion -,And/or c e- ilplet ir:in of sewers, roadways, site screaersirig and other pert irlearlt public amenities. These bonds shall be in the form of a Tri ,F,' :ir•ty -Agreement. (14) Prior to a Certificate of t)cc:luF:)anc:y beiriEa istil"(od rarIy structures, the site shall be r,vviE:?wF?c1 t.,y ur riii-nArining Board. Any screening as may be. r•e gi..tirvc1 by Wic-, Planning Hoard shall be added zit the 1:1wrir+r*s.} e)rpnYif,e. (15) Crossing of the existing rligfa of Wray shall rn:,L• interforc-3 EDGEWOOD LIFECARE. SPECIAL PERMITS SITE PLAN REVIEW - GRANTED UNDER SECTION 8. 3 OF THE NORTH ANDOVER ZONING BYLAW The Planning Board makes the following findingri rrgaxr^ding this Special Permit as required by section 8. 3 of the Zoning Bylaws, 1. The proposed use and site design for, this lot are appropriate, due to it' s location in Town. E. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of •section 8. 4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. S. The applicant has met the requirementm► of thn Town for Bite Plan Review as stated in Section 8. 3 of the Zoning Bylaw. S. Adequate and appropriate facilities will b('•' pr.7,ivide..1d fr.-Ir the proper operation of the proposed use. The Planning Board finds under, 113octir.)n 8. ;x15 the Z,.-ining Byliaw that the proposed site plan geriet-ally complicc!ra with the-? '1"-..#wr7 Bylaw requirements but requires miner c, ridit i�.;�r�sa in order to be ��� completely compliance letel in with Town Bylaws. Finally,i the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requireriinnts so long as the following conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Special E='ermit before us, the Planning Board hereby grants a Special pprr►tit to tl►e applicant provided the following conditions are mete ( 1) All drainage facilities including detentiezin basins, =shall be constructed and erosion controlled prior to any building permit being issued on the site. (E) An as-built plan and profile rihall be submitted for review and approval prior to the final relva!ie of M".Q money. A certified interim an-built vArifying that all util. itier, t►r:►ve been installed in accordance with the play-it.; ,•end profile shall be submitted prior to the Ctf thr, binder coat of pavement. In additil::jri, jZll red�sirc�ci irispr?C.tioYi i►r,d testing of waster, sewer, and drainage fear_ i 1 it i v!::; tAlal 1 be completed prior to binder cournie pAvir,g. (3) Any changes on theplar►s r^kc��.tir r,d t.,y tt7e IV�;;1r^t l► flr1ci :�v +r J r r ` ' Pae .4 4a A copy of a draft decision was dic; tributed th 13�),_�rd draft decisi�an and vote on ar_ the members. The Board is to review the September 21, 1989 meeting. on September 21, 1989 the Planninca Board lield a ��aular �nF_�:, t 11(4 in the Town Hall, Selectmen ' s Heeting loom. The following membors were present: George Perna, Chairman; Johri simons, clerk; brit_ Nitzrsclie and Paul Hedstrom. Jack Graham was absent. The Board members added to the draft thlat all rel,�v.A►lt a1: 1'rOvals 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 Easements granted to the Trustees of the Reservation . H-ousekeeping, in the language , was done on condit:.Lons #5 , Condition #17, and Condition # 20. Motion was made by Paul Hedstrom to approve t.l,e Special Permit drafts for Site Plan Review under Section 8 . 3 ; Section 13 , C.c,Iltinuiny Care Retirement Center; and 11 . 3 , Planned Development Districts per discussion and drafts as marked up and directing the Planner, Ulirir: 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. SItic ere J , PLANNING 131)ARD ... P �,_ . N rna J .t . c Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File 1 I Page 3: The Planning Board held a requl_Wr meeting on Auqus::t 10� , i9l"-) in the Town Hall, Library/Conference Room. The following members were present: George Perna, Chairman; Ericr► Nitzsche , Jack Graham and Paul Hedstrom Erich Nitzsche read a letter from Chris Hunti e s to �'litford Elias. Clifford Elias stated that the I'linning board visited the site on July 29 1989 as well as the office to see a scalF., model of the proposed project. Mr. Elias stated that the Special Permit f'_� r.. :i cummon dri%%% ,way has been filed and the Form A Plan will 1)� filed on August 11 , 19814 Members of the Planning Board expr(!ssecl cotl < rll on th(2 following: 1 . Screening of parking 2 . safety of intersection 3. traffic A di cussion took place between mem :,berof thy, I'1�innillq B0 :►rd on setting up w�rkshops. Some members expressed the need for them, others did not see the need. i George Perna went over a letter from Choate , Miall f- Ste�aar.L , attorneys for abutters, on issues and whether they were relative to planning or not, that letter is available in the Lily:, for ins.):'f�cti gin . A motion was made by Paul Hedstrom to co�ntinut! till? publi'. hearing until August 24, 1989 and direct the hl.ann-2r to dr,.ILt ,a decision. The motion was seconded by Jock Graham and voted unanimol.l:_ly by those present. On August 24, 1989 the Planning E�c ,:ird held •a. r(.:qulklrr m'::<.Itillct in. the Town Hall, Library/Conference Room. The following mrml.)ers WF�Te present: George Perna, Chairman; John Simons , Clerk; E-, ich ;lig s::cil� and Jack Graham. Abutters expressed concerns with us,sinu th lccF;,:;:: ra�Id . A discussion took place on drain:acie . of ru11- off will incorporate all off site flow to the year ^toren evr>nt . other issues discussed were: the common driveway access; to the tchin beim used; security issues; agreements with trustees . A motion was made by John Simons !:,a close tyle public hearillc) alld take the matter under advisement. The motion was by Erich Nitzsche and voted unanimously by those present. On September 7 , 1989 the Planninga )toard 1►elcl in the Town Hall Selectmen' s Meetin R��on . 'Pile following InelliblIr�s 9 { present: George Perna, Chairman; John Clerk ._'Ilei Jack Graham and Paul Hedstrom were absent. . ^ Page 21 Mr. jElias asked that the Beard visit the : ir,:, alirl 1x.)60 O:;gJJod Street where a model of the proposed is being displayed . The major difference in this application from the preliminary plans is the location of the access road . 'There will be torn water and town sewer by the developer. Sixteen acres of the pr~oposeca project: will be disturbed. A new traffic study has been done with ininimal impact. The proposed will be done in two phases : 1 . health center and dwelling units 2 . last two building nearest the l.al:e , ti,.,- and the auditorium. The cost per unit will be around ',19o, t-ow wi i.l, m )n!.lrly maintenance fees from $900 to $1400. Some of the parking will be underground, I ", ;:pay: 1!s rnd spaces above ground for a total of 368 parking sparer . One hundred seventy five ( 175 ) people have signed up already with sixty percent, ( 60% ) North Andover residents. Mr Elias presented the Board with samples .of agreements. Chris Huntress spoke on the circuiation of thJ� tr.raf is Erich Nitzsche stated that a workshop could be appropriate on the proposed project. Erich suggested a site walk to view the- ac(_ess load . The Board will meet on Saturday, July 29 , 1989 at 8 : oo a . m . at io(vo Osgood Street. John Simons commented on looking at the sc,alc mor.l(�l in conjunction with the massing. Paul Hedstrom asked if a r orm A Pla►i existed, was it a legal lot of record. 11r . Elias ::aict, "I1() , not George Perna asked for public input. Erich Wodlinger, attorney representing the Rockwell ' s, gave the Do:ard a letter on issues his 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 hr, done: careiul.ly. Mr Wodlinger asked that the concerns be made part of the conditions. George Perna questioned why the access road wd!:.: m ,�r ,�.( . C.'1.iLtor(I Elias stated that there were two reasons: for the beinct moved : 1 . conservation 2 . safety Attorney Arthur Hughes, repre—,: tnq t:tJ"_' expressed concerns similar to those expr,-:;!�:ed :)y I attorney for the Rockwell ' s . A motion was made by Paul Hedy r_�c, r r ., i, �_ ;, t hearing until August 10, 1989 :and OFFICES OF N� Town of 120 Main Street North Andover BUILDING s NORTH ANDOVER �' CONSERVATION �,*::;.:�� ivlassaChusetts 01845 HEALTH ° ` DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Mr. Daniel Long, Town Clerk Town ball 120 Main Strf et North Andover, MA 01845 yui i ts uClde,r Section si . .' , Sit,_' E' �clll Cont-inu:lnq (:"Ari' ketlre!n!2nt r:13nt!'-t Section 11 . 3 , i'1_.11ned Dr�velopm�-nt District Dear Mr. Long: I The North Andover Planning Board held a public.: 1: ;, .t.LlI1!a on July 27 , 1989 in the Town Hall , Library/Conference Boom, on the :_>.pplic_:tions of Samuel S . Rogers and Edgewood Life l'r:!r2 , 1 Jahn:_ �!! ;.� 1 t ! t. , Nor+_►+ Andover, MA. The hearing was duly advertised in the North Andover Citizen on July 6 and July 13, 1989 and a11 parties notified. The following members were present; and votil1q : C-eorc[e :'�'i.l►-1 , Chairman; John Simons, Clerk; Erich 'al.!1 Hedstrom. The petitioner is reclue Stine! P" . Section 10. 31; Section 11 . 3 and Section: ninq Bylaw as they relate to a Continuing 8. 3, Site Plans Review. The purpose !.t the th,2 ,1 i t." 1'1< !: i::: t construct a building 125,81 sq . ft. , t!: ( s ) ►• �:- ;' . ".'' ►'•" Ili .'! units, 45 bed long term nursing facility of a. corlt-rluing 1r01T.(' Retirement Center on 62 . 29 acres , more of les-:; oll th- side I)i Osgood Street in a Residential-1 (R-1 ) a1:(.1 i1e:3ictcnti_ l-2 ( 11 - 2 ; 'Loninq District and Watershed Overlay District. John Simons read the legal notic-2s to open the l�+.lhi.i': 1! � criuers on the special permits. John Simons stlated that thl" ,' .:,'�-v. letters and other correspondence in the file for public in':1�,2 ctiorl . George Perna asked Chris 11untre-ts to comnlrmf: -'!l t it':c application. Chris stated that the li:ld th! Technical Review Committee and that a r:!.1n!! :r of 5. +_!' '' l,". ' x ' r-c'1 `•'"':� Clifford Elias, representin ► Care , presented the Board with two leaf book, called the Information 1 ouk ; ► a official records of this application . '111F 1�'� _trci �.! !-< ► ' 'l ':he r �c!: a r"` rl ; :� � � . P6AGnIHG OOABO r+ REG..IVEn TOWN OF NORTH A.N D O V E R DANIFI.. 1. 1VG MASSACHUSETTS TUt°� a �.► f �lir, NORM , t,UOa'ER OCT 5 4 PR X09 p C �1SSACH Etty Any appeal shall be filed within (20) days after the date of filing of this Notice NOTICE OF DECISION in the Office of the Town Clerk. Date. Octppe�r. 5,, 1989. . . . . . . . :. . . . Date of Hearing Sejptember.21� .1989 Petition of . .Samue1.s . R . , . ,, .gjer� and. Edgewood.Life Care.Care .Inc.. .• . . . . . . . . . . . . . . . . . . . . Premises affected ,East side of Osgood Street., , . , .. . . . • , . , . , . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the . .Vorth.Andovez .Zau4i. Aydaw.. Sectiga.8.3. .Site .$�v,tGw,, , , , , , , , , , , , , so as to permit .the.comstzuctj.4u AL A bwjidane. .s4.tt .thl;ge, Atcuy. .(,3). 251). die]liuq.uvi"& .45 Awl AqA& .tpm ppjWP9-f 0911#Y.4� .4 .gq'jtA1'Aip9. CpF.e. . . . . . Retirement Center. After a public hearing given on the above date, the Planning Board voted Conditionally to ARProvA . . . . .. . .the Site Plan Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'based upon the following conditions: cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Signed Conservation Commission Geor a Perna Jr.. Chairman Assessors 9• • • • . . .t . . . . . . . . . . . . . . . Police Chief John Simonss .Clerk Fire Chief . . . . . . . . . . . . . D3. ant •Erich.Nitzsche • • . . . . _ . . , • n er . . . . . . JUN 12 Wn Interested Parties Paul Hedstrom BOARD OF APPEALS F I V E D T0"�,Y ' 1 1' LP MEMORANDUM IN SUPPORT OF APPLICATIONS FOR SPECIAL MMI16 0 0 7 1-q zj y 4 PN 34 PU Aj Petitioner: Edgewood Retirement Community, Inc. R 0"", N' I UY 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 M time. In 2004, in cooperation wit] ;ewood Farm for a long time) and the Town of Nor r o acquire the remaining 19 acres of Edgewood Farm ion resulted in 10 of the most critical acres (from a ermanently preserved as open space which includes Vi ae Even though Edgewood I / f f4� Ott land, is able to add 31 additional units, Edgewooi I additional acres, and is proposing only an addition ild already be built under the density standards previ. This current proposal is C housing diversity in this CCRC. Presently, the on ;negate Housing Units, of which there are currently e "Independent Dwelling Units", which under ist only of free-standing buildings which contain up to 5 dwelling units per structure. The current proposal to add 27 "cottage"units is the universally preferred method of providing an appropriate "cap stone"to this remarkable CCRC. In addition, additional CCRC Program Space will be added, as shown on the Site Plans. A new informal Dining Area (the "Bistro") will be constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an addition containing a Cognitive Impaired Unit is being proposed. Zoning Relief has been requested from the ZBA relating solely to the 100 foot Perimeter Setback in 2 limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clearly not an attempt to maximize density by shoe-homing units in locations that are not appropriate. Rather, owing to the shape, size, soil conditions and topography of the land, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all kJ'32.7\77611\A0133640.1) JUN 112 FILE BOARD OF ----------- r P E TG"Y!.! d " MEMORANDUM IN SUPPORT OF APPLICATIONS FOR SPE IAL PERMITS IT9 2037 11,11 Y - p Petitioner: Edgewood Retirement Community, Inc. N410 R-f 1-i 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 M additional land, is able to add 31 additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is proposing only an additional 27 units (rather than the 31 units which could already be built under the density standards previously approved). This current proposal is a way of completing and rounding out the housing diversity in this CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of which there are currently 219 constructed. The 27 new units will be "Independent Dwelling Units", which under North Andover's Zoning By-law must consist only of free-standing buildings which contain up to 5 dwelling units per structure. The current proposal to add 27 "cottage"units is the universally preferred method of providing an appropriate "cap stone" to this remarkable CCRC. In addition, additional CCRC Program Space will be added, as shown on the Site Plans. A new informal Dining Area (the "Bistro") will be constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an addition containing a Cognitive Impaired Unit is being proposed. Zoning Relief has been requested from the ZBA relating solely to the 100 foot Perimeter Setback in 2 limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clearly not an attempt to maximize density by shoe-homing units in locations that are not appropriate. Rather, owing to the shape, size, soil conditions and topography of the land, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all 1 327\77611W0133640.11 JUN 12 FILE 'BOARD 01 ---------- led to the current proposal to place a very small number of buildings (6) within the 100 foot Perimeter Setback (as noted, being in locations directly adjacent to permanently restricted open space (owned by the Town and by the Trustees of Reservation). It is critical to note that the 27 Replacement Cottage Units conform in all respects to the Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is only from the strict enforcement into 2 small areas that Variances are being sought from the 100 foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers (CCRC's). Discussion 1. Edgewood Retirement Community, Inc. is currently a Continuing Care Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as authorized by permits granted by the North Andover Planning Board under Section 13 of the North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed. A total of 250 units were originally authorized under the Permits, but the Petitioner has refrained from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may consist only of free standing buildings which contain up to 5 dwelling units per structure. 2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575 Osgood Street (the "Main Parcel"). In 2004, an additional 19+ acres were purchased from Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19 designated as 549 Osgood Street and otherwise known as Edgewood Farm. 3. The 2004 Parcel was purchased in the name of the Petitioner's wholly owned subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the Petitioner will be deeded the 2004 Parcel by its subsidiary, thus unifying ownership in the name of Petitioner. 4. The underlying Zoning District is the R-2 Zoning District, which requires setback (sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter Setback which the currently constructed buildings adhere to. However, in order to accommodate the various Site Constraints, 6 buildings containing a total of nine (9) units need to be located within the 100 foot CCRC Perimeter Setback. The basic justification for seeking the Variance consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended . to provide a proper degree of separation between adjoining landowners and their various uses. 5. In the current circumstances, all of Petitioner's land abuts land that has been placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such, there is no legal possibility that structures or any other uses beyond Open Space Uses will ever be constructed within 100 feet of any of Petitioner's proposed buildings, including without limitation the 6 Buildings for which this Variance is applied for. {14327\7761 M0133640.11 2 i 6. The Site Plans submitted with these Applications for Special Permits show the current conveyancing lines separating the Main Parcel owned by Petitioner from the 2004 Parcel (currently standing in the name of Petitioner's Subsidiary). As mentioned above, this internal dividing line will be rendered immaterial once the Deed into Petitioner is recorded at the conclusion of the Permitting Process. Any dimensions shown on the Plans indicating setbacks from the Internal Boundary Line between the Main Parcel and the 2004 Parcel are simply for reference purposes only. 7. With respect to density, no relief whatsoever is being requested in this Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units currently exist, and the Petitioner will be applying to the North Andover Planning Board for 27 additional Independent Dwelling Units, bringing the total onsite to be 246 units. 8. Proposed Use: As noted above, the Petitioner intends to complete the CCRC which was originally constructed by Petitioner in stages. To the current total of 219 units, the Petitioner proposes to add an additional 27 units, which at 246 total units will still keep Petitioner under the 250 unit maximum. In addition, additional CCRC Program Space will be added, as shown on the Site Plans. A new informal Dining Area (the "Bistro") will be constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an addition containing a Cognitive Impaired Unit is being proposed. 9. Consistency with Intent and Purpose of Zoning Bylaw: The central purpose of Section 13 in allowing CCRC's within the Town of North Andover is to provide diversity of elderly housing, while preserving large areas of open space. Petitioner's proposed additions, which will be allowed by the requested Special Permits are in conformity with the intent or purpose of the North Andover Zoning Bylaw. 10. Conservation Commission: The Petitioner applied for and received its RDA from the North Andover Conservation Commission, which approval has become final; a Notice of Intent has been filed and is pending relative to the Site Plans. Conclusion For the foregoing reasons, Petitioner respectfully request that the Planning Board grant the requested Special Permits and Approve the Site Plans filed with these Applications. Respectfully Submitted, Edgewood Retirement Community, Inc. By its Attorneys Devine Millimet & Branch, P.A. Robert W. Lavoie, Esq. 300 Brickstone Square Andover, MA 01810 (14327\7761 I\A0133640.1} 3 n ADDITIONAL SHEET 4 Proposed Project: The applicant has proposed to construct 27 new cottages of approximately 1400- 2,000±S.F. each 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 three 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. The existing gravel drive will be improved with a bituminous concrete surface. The improved way will be designed so that all new runoff will pitch away from the wetland into treatment swales along the southern edge of the road. This will treat and convey the runoff before discharging into the wetland at the southern end of the site. The existing gravel way leading to Half Mile Hill and Town of Andover Conservation land will be maintained. There will be a fire access from the improved way to the existing parking lot just south of the proposed cottages. This fire access will be gated at both ends and it.will be constructed of a grass paver material which will infiltrate rainfall and support the weight of the fire trucks. The project will include swales, rain gardens and Stormceptor catch basins to treat stormwater runoff from the project site prior to discharging toward the BVW. There are retaining walls proposed along the southern edge of the property to accommodate for the quick change in grade. The retaining walls vary in height. The proposed development of the site results in a net increase in impervious area. The final total proposed impervious area is approximately 111,426 square feet, an increase of 53,491 square feet from the existing site. Work proposed within the 25-buffer"No Disturb Zone" consists of removal of impervious surfaces, grading for storm water treatment and volume retention 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. {14327177611\,40133639.1} -ti M1 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. There are wetlands to the north and east along the property line and wetlands along the southern edge of the property. 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 W 133638.1) L I N B E C K Memorandum TO: North Andover Planning Board FROM: Stacey Furlong, Linbeck CC: Nitsch Engineering DATE: MAY 29, 2007 RE: EDGEWOOD RETIREMENT COMMUNITY Additional Information for the modification to the CCRC Special Permit: The proposed unit count is as follows: Existing# Units (Congregate Housing)= 219 Proposed # Units (Independent Dwelling_s)= 27 Total #Units= 246 Land (82 acres) 3,557,808 SF Building Coverage 216,000 SF Paved Coverage 281,000 SF Non-Open Space: 497,000 SF Gross Floor Area= 426,000 Therefore: Common Open Space= 86% Lot Coverage= 6.1% Gross Floor Area Ratio= 0.12 rti r��f�ljj' P4ANN,NG DSp_ R FILE JUN JUN 12N I S BOARD BOARD 0"rN ,�EAL CCRC Special Permit Requirements Conditions Required :Proposed .Project provides: Permissible Density Max 250 units 246 units At least 62 acres (4 units/acre) 82 acres Ratio of Independent Dwelling Less than 151/o 11% Units to Total # Units Lot Coverage Less than 25% 6.1% Floor Area Ratio Less than 0.25 0.12 Common Open Space At Least 50% 86% Building Height Less than 150 ft/ 3 stories Cottages= 27'-0" Conunons= 35'-0"/ 2 stories Parking 299 spaces 417 spaces (123 occur in garages) Public Sewer Must be connected Connected Public Safety Fire- Sprinkler ire- Sprinkler 0 Security- Site Lighting D JUN 12 2007 BOARD OF APPEALS F 5/3/2007 Exhibit A- Table of Compliance 575 Osgood Street, North Andover, Massachusetts JOB#6050 Nitsch Engineering ZONING DISTRICT R-2 Require Provided Lot Area (s.f.) 43,560 2,713,788 Street Frontage (feet) 100 100+ Front Setback (feet) 150 150 Floor Area Ratio N/A - Building Height (ft)/Stories 35/3 35/3 Side Setbacks (feet) 30 30+ Rear Setback (feet) 30 30+ Lot Coverage (%) N/A - PROPOSED COTTAGES: Largest Proposed Footprint Shown Ground Floor (s.f.) 1,849 Total Square Feet 2,292 Number of Floors 2 Height (feet) 35-2 Stories Type of Construction Wood Frame Use Residential Information for the lot requirements at Edgewood taken from an ALTA/ACSM LAND TITLE SURVEY titled 'Edgewood Retirement Community, Inc. Osgood Street Town of North Andover County of Essex Commonwealth of Massachusetts'dated May 22, 2000 by Merrimack Engineering Services 66 Park Street Andover, MA 01810 and from the Town of North Andover Summary of Dimensional Requirements Table 2 FILE D - JUN 12 2007 I:\6050\Reports\6050-Exhibit A Table of Compliance-2007-05-04.xls BOARD OF APPEALS Pau October 14, 2014 617 37 Hedstrom 617 378-4154 phedstrom@hinckleyallen.com Mr. Gerald Brown Inspector of Buildings Town of North Andover 1600 Osgood Street Building 20, Suite 2035 North Andover, MA 01845 Re: Edgewood Retirement Community—575 Osgood Street ("Property") Dear Mr. Brown: Our firm represents Edgewood Retirement Community ("Edgewood") and d to reach out to you In connection with Edgewood's proposed ~� we have been asked renovation of the Property, which would add roughly 2,645 square feet of gross floor area to .the existing structure located at 575 Osgood Street, as more particularly shown on the enclosed plan. By way of background, pursuant to a Notice of Decision of the North Andover Planning Board (the "Planning Board") dated October 5, 1989 (the "1989 Decision"), the Planning Board approved the Site Plan Review Special Permit for the construction of a Continuing Care Retirement Center. On January 15, 2008, pursuant to a Notice of Decision of the Planning Board dated January 15, 2008 (the "2008 Decision" and together with the 1989 Decision, collectively referred to herein as, the "Decisions"), the Planning Board approved a Site Plan Review Special Permit authorizing, among other things, Edgewood to add twenty-two (22) attached and single family cottage style units to the already existing 219 units, bringing the total number of units onsite to 244. The Decisions require that all construction previously approved must conform to the previously approved plans and specifications and that any changes must receive prior written approval of the Town Planner. It is our understanding that, pursuant to Section 8.3(2)(a)(ii) of the Town of North Andover Zoning By-Laws (the "By-Laws"), because the construction of 52762633 v1 098000/9820000 1► Mr. Gerald Brown Inspector of Buildings October 14, 2014 Page 2 the proposed addition would result in the addition of more than 2,000 square feet of gross floor area to an existing structure, Site Plan review by the Planning Board is required. Notwithstanding the foregoing, we believe that the addition "will not have'a significant impact both within the site and in relation to adjacent properties and streets; on pedestrian and vehicular traffic; public services and infrastructure; environmental, unique and historic resources; abutting properties; and community needs." As such, our client will be requesting at waiver of Site Plan Review pursuant to Section 8.3(2)(c) of the By- Laws. Assuming the waiver request is granted by the Planning Board, the proposed renovation of the Property will not require any additional Town Board approvals. If you have any questions, please do not hesitate to contact me. Very truly yours, Paul A. Hedstrom PAH Enclosure 52762633 v1 098000/9820000 1: INil - BK 4343 P0is Town Of 120Malnsurl ER°''�'' NORTH ANDOVER N0 CONSVATM lleedech HEAUH PLAMCM orv75t1caiep Oman PLANNING k COMMUNITY DEVELOPMENT i KAREN KO NELSON,DIRECTOR I�t lli jl October 5, 1989 } r i I'! Daniel o; Long, Town Clerk Town Hall );I y 120 Main Street �. ; Xu th Andover, MA 01845 C ' Re1 'Ed9ewocd Lite; Special Permits n Section 8:3; 91tt: ' Review; 6iction 1 Continuing Care Retirement'Center 9• Serticn 11.3, P1al !(I Development Distr y. f ji j Dear Mr. Long. The North Andover Planning Jinard held a pisb2' hearl�ty un f 27, 1989 in the Town Hall Libr a;yiConfereace RAom, ori• Lisa applica> Of Samuel 6. 'Rogers end Edgewaiod life Care, 1 Johnson Greet, 1lartr Andover, MA. The hesri-nq was duly advertised in the North Ant ovet Citizen nn July S xnd July 13, 1989 and all parties of -Interest ire; notified. -The following members were present and vatingl Gborge Pe itli' Charman; John Simons, Clerk; Erich Nitzsche, Jack Graham and Paul „ Hedstrom. 1:. The petitioner is requesting Special Permits under Section Section 10,3.17 Sertion 11.3 and Section 13 of the North Andover Zot err' Bylaw as they relate Co a Continuing Cars Retirement Center and Ss ISI I 1.i; 8.3, 81te Plana Review. The purpose oY the the.Site plan is to ;+;l' construct a build!-ng 125,812 sg.fi., three ' (3) story, 250 dwelling aorta, 95 bed long term nursing facility aT a Continuing Care Retirement Center on 6.2.29 acres, morn of less on the eaet side of 1 ;.. Osgood Street in a Residential-1 (R-1) and Residenti311-2 (R-21 Zon1' District and Watershed Overlay District. Vii;;, Jahn Simons read the on the legal notices to open the public heard ! special permits. Jahn Simons stated that these vera l! :. letters• and othe r,eorreepondencetLon severa -in the file for Puh11c inaprevera err L . George Perna dsked Chris Huntress to comment on the application. Chris s'tated'that the applicant had been before the Technical Review Committee and that a number of issues were resolves; } �d Clifford Ellas rs resentinq Samuel s. Rogers' p gars and -Edgewood : Care, presented the Board with two separate packapesl 11 large local U leaf book, called the Informat4on Book; 2) a memorandum package for officia'l records of this application. The Board accepted the packs L I p rI tai - i t I i Iyyy ��yl r i, lit r lip, y' ' •I , I (I'I1�,1'' I V j JUN 11 2007 APPEALS z, BOARD OF :1 n: 4323 PG 337 Page 21 Mr. Elias asked that the Board visit Lhe ante and 1060 Osgood„ a "y street where a model of the proposed Is being displayed. v; The major difference in this application from the preliminary 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. =`= The proposed will be done in two phasess i. health center and dwelling units 2. last two building nearest the lake, the g pool and the ; . •K. t; auditorium. re r :,. The cost .per unit will be around 8190,000 with monthly an, maintenance fees from 8900 to -$1400. '. 4`.. Sone of the parking will be underground, 132 spaces and 236 spaces above ground for a total of $68 perking spaces. • Ona hundred � i �aF seventy five (175) people have signed up already with sixty percent (601) North Andover residents. Mr Elias presented the Board with samples of agreements. . Chris Huntress spoke on the circulation of the traffic`flow. Erich Nitzsche stated that a workshop would.be appropriate on the �s proposed project. Erich suggested a site walk to view the access road. s.. . The Board will meat on Saturday, July 29, 1989 at Ss-00 a.m, at 1060 Osgood Street. } ` John Simons commented on looking at the scale model in conjunctive-With-the massing. Paul Radetrom asked it a form A Plan j eiTisted, was it a legal lot of record. Mr. Nlias said, "no, not yet." 3s George Perna asked for public input. Erich Nodlin er, attorney representing the Rockwell's, gave the Board a letter on issues his n Ar client wanted addressed, VSTAq' 1. accesa issues to be addressed as a subdivision 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained F S. landscaping and screening to be.done carefully. • fi'w Mr Nodlinger asked that the concerns be made part'of the condition's. George Perna questioned why the access toad was moved. Clifford �a � ,'• <� Elip' stated that there ware two reasons for the access road being movedd i'. conservation 2. safety , Attorney Arthur Hughes, representing the Mary Charles Estate. expressed concerns similar to those expressed by Eric Nodlinger, attorney for the Rockwell'$. A motion was mads by Paul Hedstrom to continue the public hearinq unt.L August !0, 1983 and set up a workshop."=The motion was =-.r.a.±... i�:r; vc:_. cnaninuus.y .3% those +4,5,¢,7:11 .T L1„ I ^fit $ I+ II I i BIS 4323 P� j�l i71f j i' 1 Page 3, u� il;i;•,i(i �,' The Planning Board held a regular meeting on August le, 1 the Town Hall, Library/Conference Room. The following members wej present, George Perna, Chairman;Erich Nitzsche, Jack Graham and I! 'I+ Hedstrom Erich Nitzsche read a letter from Chris Huntress to Cliffe i'I ! Fi "''1 ' Elias. Clifford Elias stated that the Planning Board visited the on July 29, 1989 as well as the ffice to see a scale model of the ii F Proposed 1 ii i � Prosect. Hr. Elias stated that the Special Permit for a common driv X41 I:"�jI x, has been filed and the Form A Pian will be filed on August 11 198. r.� Members of the Planning Board expressed concerns on the following, lua �'j Screening of parking �( lIt-19 2• safety of intersection r rl �i,'fj r 3• traffic 10) �t�pG A discussion Cook,place between members of the Plannin So; j setting up workshops. Some members expressed the need for them, o- s� ° !'Icdkl' ; did not see the need. ! I I George Perna went over 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 in ii spectic A motion was made by Paul Hedstrom to continue the public hearinguntil August 24, 1989 and direct the planner t r o g to draft f6'II I decision. The motion was seconded by Jack Graham and voted uranimc t fiRlp s,rl I !� by those present. Ejlj !rill' On August 24, 1989 the Planning Board held a regular mn eeti I[rI. il I the Town Hall, Library/Conference Room. The following members were �I6wi kI: present, George Perna, Chairman; John Simons, Clerk; Erich Nitzsche. 'Qei 1. Jack Graham. I!:�� Abutters expressed concerns with crossing the access road. '' A discussion to Incorporate all off aitekflovct on drainage. Mitigation of run-off o the 100 year storm event. Other i discussed wete, the common driveway access to the farm beim g used; security issues] agreements with trustees. PIT;. A motion was made by John Simons to close the public hearinj take the matter under advisement. The motion was seconded by Ericl F"9 rb unanimously INitzsche and voted'I � Y thosePresent. ` i On September 7, 1989 the Planning Board held a regular.meeti, in the Town Hall Selectmen's Meeting Room. The following members we Present, George Perna, Chairman; John Simons, Cierk and Erich Nitzsr Jack Graham and Paul Hedstrom were absent. I K ,• i ( I �yl. i is Ff. � /v r GK 4323 PG 339 Page As 9- A copy of a draft decision Was distributed to the Board ul "" #�Yz members. The Board is to review the draft decision and vote on at the, September 21, 1989 meeting, d On September 21, 1989 the Planning Board held a regular meeting ite t- < in the Town Hall, Selectmen's Heetinq Room. The following members were presents George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and r . ?. Paul Hedstrom. Jack Graham was absent. —1y �.-• ray F The Board members added to the draft that all relevant approvals 1 z must be obtained prior to issuance of a building permits. Incorporated into the decision Will be concerns of D.P.A• which are addressed in a ti letter from Bill Hmurciak, D.P.M. Covenants x111 be attached. r Easements granted to the Trustees of the Reservation. h., Housekeeping, in the language, was done on Conditions 85, ? Condition t17, and Condition i 20. t> > s Notion was made by Paul Hedstrom to approve the Special Permit i on { d7 drafts for Site Plan Review under Section 8.3; Section 13, Continuing era 4Y ��` " 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 fora as discussed. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. Sincerely, lyyrtH — PLANNING BOARD T,;,z in 4d �"� Georg Perna, }� Chairman ccs Director of Public Works l Board of Public Works Highway Surveyor .115 ' Conservation Commission iea ,�� } .5 Building Inspector r'd � t Board of Health Assessors Police Chief nd 3 fire Chief Applicant nrn Engineer rile r f f :,C-- ...._..... ppv;:�. i4. J 6` i N r T . r� 111;I , • • BK 4323;. P. •SII,., ;;�, , { {. 1 +, 'I enGEtMD Lteereep. rillk SPECIAL PERMIT FOR A CONTINUING CARE RETIREMENT CENTE R ; +;i I I AND PLANNED DEVELOPMENT DISTRICT (PDD) - BRANTED UNDER 99,' 111.31, 11.3 AND 13 OF THE NORTH ANDO.YER ZONING BYLFW. The Planning Board makes the following findings repardi ¢ lR I Special Permit as required by sections 10.31 10.31, 13.3 of the Zoning Bylawso The proposed use and site design for this lot are 11. �ayJ n:l appropriate, due to it's location 1n Town. (p 11 2. Adequate vehicular and pedestrian access Into the surr III '.i site has been provided. " o-�Y I I rl I I s Isj 3. The landscaping" plan as shown and revised meets the rdquirsmsnts of section B.4 of the Zoning Bylaws. 'kms I� �l I i 4. ,The site drainage system is designed in accordance wL. Y. H Town Bylaw requirements. 3. The applicant has met the requirements of the Town fa Plan Review as stated in Baetlon 8.3 of the Zoning By l 6. Adequate and appropriate facilities will be provided k IIII I i:. proper operation of the proposed use. tt The Planning Board 'finds under Sections 8.35, 10.31 10.3' D r+II kil'�I and 13 (CCRC and PDD) of'the Zoning Bylaw that the D Y propos IIl4l 1..:. plan generally complies with the Town Bylaw requlreme'l'{ r;.. .; require minor conditions in order to be completely !n coed with Town Bylaws. t!•.ttr. .�IIII! :;r,I Finally, the Planning Board finds that this proposal a with the Town of North Andover Bylaw requirements ■o long 4 I 'i following conditions are compiled with. Therefore, In of fully comply with .the approval necessary to constry R)+�,• rr ' + facility as specified in the Special Permit before Planning Hoard hereby grants a Special Permit to the aF provided the following conditions are meti - ` C7�) ,Fm tl) The protect may contain 192 congregate housing units 'the use of the open space bonus or the affordable ho �C� bonus. v �•: I ! *b rob � ' (2) If the project takes advantage of the open space bond. it may contain eat congrsgete housing units. li( (3) If, in addition to the open space bonus, the appliban to construct Mort than 221 units, then the project R, t !l contain up to 230 units upon the payment to the Town. ---— s q a I I •�� � II. ' 111 7 ,I s;' r r b a �L 340 r BK 4323 PG 341 • Via,, r:uti::.. b '� 7 6f the undecltl ZoA nin Bylaw. innoeve ntshallthsre b units I" CRC), •• 230. '•_ ? N> The architectural style and design of the CCRG shall be of colonial deslpn, in wood frame or lap sld.ing construction this " consistent with the style and design of the nearby Edpewood nd 13 ppFarm buildings. roAr.,t All concerns raised by the DPW !n the July 27, 1989 letter from Mr. William Heuretak, as listed below, Must be properly addressed and all relevanb material must'be submitted to, and approved 6y DPW prior to the Planning board endorsing ndinp the record plans. a. Show entire water main and crossing utilities on the off site plan. b. The method of crossing the mill pond is not acceptable. Y` The existing culverts at the pond crossings are not shown the correctly on the plan. The water main as designed will ti block the culverts. lite e. i2"-water gain ebv� The existing b at Pleasant street . a i plugged belle therefore no dresser coupling is needed. the d. Change the mbhod of connection to existing water main on Harkaway Road and to Millpond units 47 and 33. Add • 12" 11.3 ��' +` gate valve on the north side of Harkaway Road. site but 4yr ' ,r a. The existing i" water•main on Stevens Street should be lance eliminated. The services to house f 120 and 133 should he " La; connected to the new 12" main and the proposed cross connection at the 8" dead and may be 'eliminated. )lies x the cry+ { f. Show 100 foot stationing on the plan. the y ' g. The it" - 1/i bends at station 18 90 are not necessary. bhe €c Dant !6X W_,. "44, '.': h.• The connection to the existing 0" water main on Osgood Street at the project entrance shalt be an 8" x 8" tapping sleeve and valve. A 12" stub and pate valve hout c' should be provided for future extension in a northerly w.Yr� direction. .ng {r9.g5' K !. Maximum distance between sewem then !s 300 fest. r j. Provide profiles of on site roadway and utilities. r . wish q. k. show all utilities on one site plan. 1. The domestic water services should be connectsd to the looped 12" water main wherever possible. i kf } C :+li: s• dNr - BK 4323 R m. Show details of utility crossings undo* buildings. a iKz n. The number of bands used in the lE" water main shoulY kept to a minimum. , o. Show rims and Inverts on drainage plan. I: I aIgi�j! 1 r p. Provide detail shoots of roadway and drainage faeiiit, III;I q. The design of drainage from areas 3-1-A and B-1-B dbs S i •' not consider the potential for reduction of effective 1 '! flow area of catch basins during adverse conditions. r. Provide data showing the Projected water consumption projected average daily sewage flow for the community. E.P. D.W.P.C. sewer system extension permit must obtained prior to sower construction. �1. C w` °"i`%p"• f.', t. Provide a plan for phased construction and erosion ,I , control. a fiu It��:'; All existing tees of greater bhah 12" Diameter with 23' the existing tree line shall be shown and labelled on th. site plan. z ,€ a;;: (7) The following material has been reviewed by the Planning Board and staff in this Public 'hearing i�+)')j r`; process and shall „ ;'j:•=I.. ;i';�; considered as part of thle decisions il) Packet entitled• EDDEWOOD IF �` '- I'',.I. ' G=Rx RETIREMENT CENTER FOR TH a li. TOWN OF NORTH ANDOV R. (2) Packet entltleds MEMORANDUM OR LAW ANO RA .TQ+ presented by Samuel g. Rogers s 1$ Edgewcod Life Cars+ Inc. The Special Permit granted under section 8.3 (Bite Plbn I�, �`•ra.: Review) of the Zoning Bylaw for this alta deemed as art of this decision. + shall also be p vut., The following p plana shall be deemed as .part of the decision* ;• Plani Entitled• Town of North Andover Massachusetts. Stevens i ' Street Proposed Water and Sewer'Fael1ltlss. M _ Dateds June 0, 1959 p rr • jl Drawn Bye .00O Associates Inc. k ;liilA Pians Entltleds Topograghle Plant Dated 12/29/88 6 ' ' Plan ofLand, North Andover MA, Dated 4/11/89 s4, ----------------I ----------------------------- ¢ I il, � J;', i 'i. 4 "- si J j . ISI. .lam. 'H. �•y a i 542 4U3 P6 .343 Bite Plan CProject), Dated 6/$/89 Project Planting and Lighting.Plane Dated 6/2/89 Site Plan (Entry) "Dated +/8T•%!9 ::it tom. site Plan (Project),•fDat1d.; .t. Brading and Drainage Plan -lEritry�, :DON 4/27/89 Brading and Dralnagi,Plar� Pro ecus Dated Plans Drain Byi Earl R, Flansburgh• iiseoc ates Inc i :. Plan prepared fors Edgewood Life Care` nc. a .r ccs Director of Public Works Board of Public Works Highway surveyor Building Inspector^� Board of Health Assessors Conservation Commission � � +�� Police Chief r_ cn�r Fire ChLaf Applicant fig Engineer w, File it OREM rii .�'�• b •�•Jl n,S.' ' •��4: /x j.Y � �D18 MUMMUM0 g 4323 PO r sii' RECEIVED T OWN 03? OR NORTH ANDVEDANIEL LONG H A B S A C H U 8 ETT 8 TQIYN CIERjf NORTH AtiOAYER1 IAfto Any appeal shall be filed" 1 'tae W thin(20)tlays4hershe 11G7erk sets of filing(Yfstila Notiw NOTICE OF DECISION ttJ I' I inIhe Difoevf the Town Date.A.4*AI.¢,}q¢y 4 , .i^IJIJfi i .n t•11�q,Oml� ............ Ik(' a7eN �rOA� Date of Hearing s�P6e+t,!=31S 1961 III. �., O ""I `�OMa Petition of . 1 • .................... Premises affected ILW 1i4h poi o.�ood street ... .......................�..... Referring to the above petition for a special permit from the requirements � the •7orth:f 7,11 I .aodora; �34trlar..80ot398.Y,3..Q{L0 JUM AsxWt............ oMt 90 as to permit tb4 1�, . . V1cticA n,L A. f I �r l+at]d17�s.335.611 q.fL...L4S4t attxx�:.(dJ.' ' l.ti '! h 4, 350,dualilag.9sits..45.bM kgeg f00%pMUV.Ft10134%X.94.i AWI%%g340.9G A�tP......: Eetiremant Coater. i�J I Atter a public hearing given on,the above date, the Planning Board vote to AM"._......the ....%a rlan,w.tar I J 711 £Qdf J? ''4'I�Ilil -based upon the following conditions: Director of P ohlic works Board of Public works wigbrar BU spur Building Inspector III y Board of wealth Signed Consersatian Cosaissics 4 I assessorsPolice E P I! + _;V; Pira chief .tioha Biaoss t.t�!�: I. applicant j; t: Erich ltituc. --}}jj-I! II r I Pile, Interested Parties �I,,. I I 1 .r.. Paul weds til I;.'�I ik is .......................... 1 1 ' �• �' (! Ili t I J':• ( 1 , I Uj r JUN 112007 BOARD OF APPEALS z.; /G 44 _� Town of �� �� ��� O F: North Andover .':OFFICES . 'As . NORTH ANDOVER massachuse<noie5 0 .Ys.,. VATIONorvl4lorroF (sae)e9ae483 AL PLANNING&COMMUNITY DEVELOPMENT KAREN HP.NELSON.DIRECTOR October 5, 1989 m- e Hr. Daniel Long, Town Clerk a r Town Hall 120 Main Street North Andover, HA 01845 Re: Edgewood Lite Care Special Permits under Section 8.3., Site Plan Review; Section 13, Continuing Care Retirement Center; Section 11.3, Planned `� + '"-} Development District 7 54 t Dear 11r. Longs 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, t Chairman; John Simons, Clerks Erich Nitzsche, Jack Graham and Paul - 'f ' #'•� Hedstrom. + The petitioner is requesting Special Permits under Section 12.3; Section 10.31] Section 11.3 and Section 13 of the North Andover Zoning F. Bylaw as they relate to a Continuing Care Retirement Center and Section 8.3, 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, 45 bed long term nursing ,facility of a Continuing Care 4 '. 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 District and Watershed Overlay District. r tits a y' John Simons read the legal notices to open the public hearings 'e on the special permits. John Simons stated that there were severs yy , letters and other correspondence in the file for public inspection. j2at b 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. a : Clifford Elias, representing Samuel S. Rogers and Sdgewood Life Care, presented the Board with two separate Packages, 1) large loose Vis•,. •. c«r,,..:_ leaf book, called the Information Book, 2) a memorandum package for ''•';' official records of this application. The Board accepted the packages. f t Y3 t Y .fir f x:!" 4 f iPae•2, BK 4323 ! • Ii r: Hr. Elias asked that the Board visit the site and 1060 Street where a model of the Proposed is being displayed. i!' The major difference in this application from the plans is the location of the access road. There x Preli ill . town sewer by the developer. Sixteen acres of the be town x. �1 proposed opined pro' :�. be disturbed. A new traffic study has been done frith minimal i IEiThe Proposed will be done in two phases: i health center and dwelling units ,11 I 41 2• last two building nearest the lake, the pool : auditorium. The cost per unit will be around $190,000 with monthly .maintenance fees from $900 to $1400 • Some of the parking will tie underground, 132 spaces and spaces above ground for a total of 368 parking spaces. seventy five (175) people have signed upalreadywith 5- One hund; e II (604) Horth Andover residents. y pert; , i samples of agreements. Hr Elias presented the Board wit � t 4 Chris Huntress spoke on the circulation of the traffic f Erich Nitzsche stated that a workshop would be appropriate on th: proposed project. Erich suggested a site walk to view the aceess The Board will meet on Saturday, Osgood Street. _July 29, 1989 at 8:00 a.m. at 1r I illi i 4l. f lji John Simons commented on looking at the scale model in conjunction with the massing. Paul Hedstrom asked if existed, was it a legal lot of record. Hr. Elias said8 Fnom not George Perna asked for representing the Rockwell's, gave ehe Board a letter ic input. Erichwonlissues h$ { � client wanted addressed: Si 7;1.. f_ {,( 1. , • access issues to be addressed as a subdivision . r; l : : 2 ,l 1. M 3 drainage 4 public utilities for abutting owners emergency access to be maintained S. landscaping and screening to be done carefully. Mr xodlinger asked that the concerns be made part of the conditions. r3{a George Perna questioned why the access road was moved. c: 14; yrl Elias stated that there were two reasons for the access road beint +�"p1• conservation I b'1"' ! 2. safety � Attorney Arthur Hughes, representing the Mary Charles Ests expressed concerns similar to those expressed by Eric Nodlinger, attorney for the Rockwell's. ' -. ;! I'N ` 4 A it up a workshop; was made by Paul Hedstrom to .continue the .,II II earing urt_?motAugust .0, 1?83 and s? Public shop• The ❑ot_on ;: t9 � i( HH IV Ai 75 a I, F c I /s 4 ,. good . Page 3= SK 4323 FG 347 The Planning Board held a regular meetInq on August le, 1989 Lg 3ary the Town Hall, Library/Conference Room. The following aembers were =r' and present+ George Perna, Chairman;Erich Nitzsche, Jack Graham and Paul It willY "` Hedstrom wt. ' s- Erich Nitzsche read a letter from Chris Huntress to Clifford Elias. Clifford Elias stated that the Planning Board visited the site r = on July 29, 1989 as well as the office to see a scale model of the the proposed projec�. Mr. Elias stated that the Special Permit for a common driveway sf: 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 ell.. followings 1 � 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 ,ad. : 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. +;!e .fir. � A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1989 and direct the planner to draft a �F -4+> y i,•, rney decision. The lotion was seconded by Jack Graham and voted unanimously by those present. On August 24, 1989 the Planning Board held a reqular meeting in rF+ W. the Town Hall, Library/Conference Room. The following members were presenti 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 108 p year storm event. Other issues discussed water the common driveway access to the farm being used; ford �s � a security issues; agreements with trustees. oved, 4 + tiny u 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 gy{+,,�$ in the Town Hall Selectmen's Meeting Room. The following members were Vresents George Perna, Chairman; John Simons, Clerk and Erich Nitzsche. ; �- ' Jack Graham and Paul Hedstrom were absent. t T v� ;eft 4' s.. BIS 4323 RGA, : . Page 4, A copy of a draft decision was distributed to the Board 10 members. The Board is to review the draft decision and vote onat .tpe: September 21, 1989 meeting. k on September 21, 1989 the Planning Board-held a regular meetn:yy"` in the Town Hall, Selectmen's Meeting Room. The following members wee:`, . present, George Perna, Chairman; John Simons, Clerk; Erich Nitzsche ander } Paul Hedstrom. Jack Graham was absent. Fi r The Board members added to the draft that all relevant approva.is .;;, must be obtained prior to issuance of a building permits. Incorporated. into the decision will be concerns of D.P.N. which are addressed in a - letter from Bill Hmurciak, D.P.N. Covenants will be attached. Easements granted to the Trustees of the Reservation. Housekeeping, in the language, was done on Conditions #5, Condition i17, and Condition t 20. Hotion was made by Paul Hedstrom to approve the Special Permit a#. 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 ;yNR.. Huntress to put in final form as discussed. The motion was seconded by ;r= Erich Nitzsche and voted unanimously by those present. ' A list of those conditions are attached. ; Sincerely, r��Rr A PLANNING BOARD Geor Perna, chairman ccl Director of Public Works Board of Public Works Highway Surveyors Conservation Commission _ " Building Inspector Board of Health 74 Assessors .r Police Chief Fire Chief Applicant Engineer T7 s, File ;h , _ LRS _ n 'i rZ ^r I` BK 433 PG 349 F i �' ennFUOOD LIFL.GABE. .H" - GRANTED UNDER BECTION 8.3 OF k BPECIAL PERMIT, BITL1 PLAN REVIEW rF• } THE NORTH ANDOVER ZONING BYLAW 3f }. the findings is } The Planning ngasrd makes obysection8.3 of Special required f 1, The proposed use and site design for this lot ars appropriate, due to Lt's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding r` site has been Provided. ``°.•''.- 3. The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. r she site drainages System is designed Tin accordance with the JLi S, The applicant has met the requirement■ of the Town Bylafor w. Plan Rey as stated in action ion 8.3 of the Zoning ey5 asr tit , rovided for the 6. 4 ' Adequate and appropriate facilities Will be p ai . proper operation of the proposed use. :s.d. The Planning Board finds under Bactlon 8.35 of the Zoning BTown ylaw o- that the proposed site Plan generally condComitions inlies torder eto be Bylaw requirements but requires .. ,,.. B 1 q . Y n Bylaws. f +n'" Tow completely in compliance,with T Y P r Finally, bhs Planning Board finds that this propose! complies ,(£ r ' with the Town of North Andover Bylaw requirements so Snnord�rtbe following conditions the apPrev.1 necessary Therefore, in the fully comply ecifisd in the Special Permit before us,' the FSS facility as sp applicant Planning Board hereby grants a Special Permit to the aPP F provided she following conditions are mets ,�.•., k detention basins, shall be pl. (1> All drainage facilities Including constructed and ■rosLon controlled prior to any building QF on the site. permit being issued tis n,t r (2) An +s-built plan and. praflis shall be submitted for review and approval Prior to the final release of DPW bond.donay. qy fled interim as-built verifying that 8611 utilities have F d t ti ns and profile car la ` accordance with the p �.' ac installed in } the binder n e n ! n been leaf tion ..., shall be submitted prior to the aPP 1 coat of pavement. In addition, 8611 required inspection and testing of waters sewer, and drainage facilities shall be completed prior to binder course Paving' u; Tans required by the North Andover i (3) Any changes on the p ; kfly7 i iw. I !u BK 4323 PG 3 p°`- Conservation Commission nay be sub,�ect 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 endorsement and filing with the Registry of Deeds. (S) Throughout all lands, tree Cutting shall be kept to a .� 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 plan eonsisttnt with the provisions of Section S.a of the North Andover Zoning Bylaws, to be approved by the Planning Staff prior to the app Leant receivinga Building Permit. This Plan shall explicitly include specific trees to be retained. •=-y` =" t6) The contractor shall contact Dig Safe at least 72 hours _ prior to commsnelnp any excavation. (7) gas, Telephone, Cable and Electric utilities shall be ;~ Installed as specified by the respective utility companies. ".,,;,`.'i•`, (A) All catch basins *''Rall be protected and Maintained with hay t bile■ to prevent siltation into the drain lines during road construction. t9> No open burning shall be done except as is permitted during burning eleven under the Fire Department regulations. (10) No underground fuel storage shall be installed except as may be.allowed by Town Regulations. (11) All buildings shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFO. t (12) Prior to a Certificate of Occupancy being issued for any structures, this site shall have.received all necessary * Permits and approval■ from the North Andover Board of Health. i (13) Bonds, in an amount to be determined by the Planning Board, 4. ! 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 boa Certificate of Occupancy being issued for any x - 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 µ'rr n j -•7. 9 a i BIS 4323A 351 - -with that R.O.W.. Stop signs shall be placed in both directions along the existing 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 r , ,a 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. a' ; (17) Edgewood Lifecare, or 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—space conservation easement shall be granted to the Trustees of 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 a, subject to Planning Board approval. The open—space conservation easement shall allow-walking activities by J. {` residents of the CCRC and their guests. *. (18) Prior to endorsement of the plant, all off site utilities shall be submitted to, and approved by the North Andover DPW. #7 fr (19) Prior to the Building Permit being issued for the first ■truature and again prior to occupancy of the first ' structurs, the applicant shall receive a written determination from She Conservation Commission that all work lM.i under their jurisdiction is being satisfactorily preformed and maintained. ;. (20) The special permit granted under sections 10.3, 10.31, 11.3, and 13 ( Special Permit, PDD, CCRC ) for this site shall also be considered as part of this decision. j (21) All construction on the parcel must conform to plans and ,. specifications herein referenced as part of this application. Any changes to the plane or specifications must . receive prior written approval from the Planning Board. j u:r:v The following plans shall be dammed as part of the dscislano x Plano Entitledi Town of North Andover Massachusetts. Stevens Street Proposed Water and Sewer Facilities.. i Datedi Jun■ 6, 1989 Drawn Byi SCO Associates Inc. Plans Entitledo Topographic Plan, Dated 12/29/88 ' Plan of'Land, North Andover MA, Dated 4/11/69 F,:.. .,,fig•„ -a9 BK 4323 PG 35 j •; Yt a .. ;.fit... I Bits Plan (Project), Dated 6/5/89 - Project Planting and Lighting.Plan, Dated B/2/89. sits Plan (Entry), Dated 4/27/89 site Plan (Project),-Dated.4/27/89 Brading and Drainage Plan (Entry), .Dated 4/27/89 3ti. Brading and Drainage Plan (Project), Dated 4/27/89 ;. Drawn Byi Earl R. Flanaburgh & Associates Inc. Plan prepared fora Edgewood Life Care Inc. y' kk cep Director of Public Works Board of Public Works Highway surveyor `"• Building Inspector Board of Health Assessors r^ F Conservation Commission Police Chief . Fire Chief Applicant File rp- p y A L � • aPx' T f e4 x� 4" S ",i TOWN OF NO A DOVER ti9l .� )'lid ;. D :ASSACHUSETTS OCT . ! f MORiM �0••,.•• �•1ti0 '�,, O � .••.t.••1.145 Any appeal shall be filed 'ss�C�Ustt within{20) days after the date Of filing Of this Notice NOTICE OF DECISION in the Office 6f'the"T®wn'-�1-.-r Clerk. Date October 5,. 1989 . . . . . . . . . . . . . . Date of Hearing • September•21, 1989 Petition Of Samuel S Rogers and Edgewood Life Care Inc. . . . . . . . ..: . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affectedEastside of Osgood Street . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of rr�ngk b ,e abo a >etit on fs� pedal. r iifi f Qlif tk%e z 3t�Qq etit#i � f�!or' Aped jR. Wo SV3010 .1,�3, nter .`� � •' •,'� • . M.Vii' '•r-i s• ,r• • ♦ •� ,. • :�, • • • • • • • • • • •• • • • • •• • • •• • • • • • • • • • • • • • • • • • . . • • • • • • • . • • • • • • • • • • .• • • • • • • ._.. .... • • • • • . . After a public hearing given on the above date, the Planning Board voted Conditionally toAPpsove . . . . . . . . .the . Special.Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions: cc: Director of Public Works Signed Board of Public works Highway Surveyor George• Perna�. Chairman OBuilding Inspector , . . . . . D ` FR Board of Health John Simons: Clerk zConservation Commission • . • • • • • ' . " " • ' • • ' • ':O G:R Assessors Erich Nitzsche D IV o Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -U c Fire Chief Paul Hedstrom 'M o Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . D Fj� Engineer OFFICES OF: � Town'Of ` 120 Main Street D BUILDING : NORTH ANDOVER North Andover CONSERVATION Massachusetts 01845 HEALTH °e+�"°°°s DIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 f;r::tlrF�lr,rJlt. +''�tlt'�i ; ;if_'Ct:loli ! ! :• , i'.l <allilf:'Cl 11,� I oill ill .tIIt, I)i..st;.. t_ Dear Mr. Long: The North Andover Planning 13oord !iF-,Id a 1:>i.tl�_1-:. :: ri J!'.11--y- 27 , !..1 !.v27 , 1989 in the Town Hall, Library/Conference kr: c+:n , di of Samuel S . Rogers and Edgewood Lito Care , 1 Jc;►.iri;jon Andover, MA. The hearing was duly t1dv(2rt..i ;ed I.n t_1; t N,)rt!i ;•,, r.1 �vrtr Citizen on July 6 and 'July 13 , 1981-4 and r:11. 1 notified. The following members were iv_ tirrcc; ; Chairman; John Simons, Clerk; Eric-h dst He rom. I The petitioner is reclue;tint tjr-+_•.Lai Section 10. 31; Section 11 . 3 and Sectlot: Bylaw as they relate to a Continuinr:! C _ire 8. 3, Site Plans Review. `l'heur ose of the thr p p _ S construct a bui 1 d ing 12S C 81� a . ft . . 1i(2,i units , 45 bed long term nursing faci .l_ t u.i Retirement Center on 62 . 29 acres , more It .ler. .: I`'ii Osgood Street in a Residential-1 ( 1Z-- 1 ) and itt-i it District and Watershed Overlay I)istxi.r;t . John Simons read the ley<3 ( nC)t..lr +'_.`i. t ':' (open the l.} 1.?. ii t ci C.1.11CjS on the special permits,. John Simone., t:_itr cl t.!i.tt. letters and other correspondence in the George Perna asked Chris ii !: .':i application. Chris stated that the t li .:c! Technical Review Committee and that t n+.trri; of i.::,.;i:c Clifford Elias, representin .; -101. Care , presented the Board with two leaf book, called the Information took ; ! official records of this application . Page 2 : Mr. Elias asked that the B(),--ird visit the Street where a model of the proposed is being displayed . The majof difference in this application )n trc:il, the p-21ijainary plans is the location of the access road . There will be town �.iater and town sewer by the developer. Sixteen acres of the p)--0 1)0 L o-1 12 gill be disturbed. A new traffic study has been done with iu,'Ililflai The proposed will be done in two phases : 1 . health center and dwellinct unit,,; 2 . last. two building nearest the Lilt e , (-I: the auditorium. The cost per unit will be around maintenance fees from $900 to $1400. Some of the parking will be underground, 13o, pa 011(i sF spaces above ground for a total of 368 parking spa(,-es . on,? hundred seventy five ( 175 ) people have signed up already w4-th st- ixv ( 60% ) North Andover residents. Mr Elias presented the Boars} with samples .of agreements. Chris Huntress spoke on the circulation ol the i �-- I 'A -Lj� i:: i c 1. Erich Nitzsche stated that a workshop t.ould be appropri,ate on the proposed project. Erich suggested a site walk to view thr., The Board will meet on Saturday, July 219, 1989 at 8 : 00 a . m . ?,t 1(/)(3o Osgood Street. John Simons commented on looking cjt the � s,-, conjunction with the massing. Paul Hedstrom asked it a A existed, was it a legal lot of record . lir . EI-Jas aI 11:.)t George Perna asked for public input . Erich -)!- forney representing the Rockwell ' s, gave the Bo,-Ird a letter i-,ri client wanted addressed: 1 . access issues to be addr--2.ssed as 2 . drainage 3. public utilities for abut.Lin,.4 4. emergency access to be maintained 5 . landscaping and screening to I),! dont:. Mr Wodlinger asked that the concerns be made part, (.)f conditions. George Perna questioned why the ro.ad u::i� w,-), I k.)i Elias stated that there were two reasons for the 1 . conservation 2 . safety Attorney Arthur Hughes, expressed concerns similar to those e.-:1)r- V attorney for the Rockwell ' s . A motion was made by Paul lled- rlrom Io hearing until August 10, 1989 and s-,t 1,1p seconded by Jack Graham and vnt-(-rI' 1 '!!—! :. ! ,y �', f �....... Page 3: The Planning Board held a reIP_il:_:ti iiteetinct the Town Hall, Library/Conference Room. The toll s)winr4 presents George Perna, Chairman; Ericli Nitzsche , Gaul Hedstrom Erich Nitzsche read a letter from Chris I-Itilit o L Elias. Clifford Elias stated that the Planning board vi,�it,�d t Il e S.i t e on July 29, 1989 as well as the office to see a su,:-tle fno,_�el c.)t t.11r� proposed project. Mr. Elias stated that the Permit f,_ L 'a d ! I. I'J I a Y has been filed and the Form A Plan will be tiled on August 11 , 19'�J'9 . Members of the Planning Board expressed following: 1 . Screening of parking 2. safety of intersection 3. traffic A discussion took place between members of Llirf 1,11 j.liq Do.-ti.-d on setting up workshops . Some members expressed the need to.r c,t h e r S did not see the need. George Perna went over a letter from Choate , Hall f- , attorneys for abutters, on issues and whether they ver(! planning or not, that letter is available in A motion was made by Paul Hedstrom to colltinllf2 *_ho t-.111`1' 1. if_� hearing until August 24, 1989 and direct t.lie plariii-2r to decision. The motion was seconded by Jack Graham and vo1-_(_.d by those present. On August 24, 1989 the Planning Rc;,-ircl liel(i a in the Town Hall , Library/Conference Room . The following present: George Perna, Chairman; John 'Simoiis , cif2ji-, ; EI i,,- 'A III(A Jack Graham. - Abutters expressed concerns wiLll A discussion took place on drainarfe . lu!1 otf_ will incorporate all off site flow to the D40 ,/far storm :issues; discussed were: the common driveway access to the farm beinci u!_:ed ; security issues; agreements with trustees . A motion was made by John Simons t10 close the I:ILI! take the matter under advisement. The motion was s(2cc Nitzsche and voted unanimously by those present. On September 7 , 1989 the Planning Br�,ald held, in the Town Hall Selectmen ' s Ifeeting Room . The tollowinq present: George Perna, Chairman; John Jack Graham and Paul Hedstrom were Page 4: A copy of a draft decision was distributed to members. The Board is to review the draft decisic_n and voto on at. th.e September 21 , 1989 meeting. On September 21 , 1989 the Planning Loard held a in the Town Hall, Selectmen ' s Meeting Room. The foliow--i- t were present: George Perna, Chairman; John Simons , Clerk; Erich Paul Hedstrom. Jack Graham was absent:. The Board members added to the dr._t.� t Lh:at a1.1 must be obtained prior to issuaric-e of a building permits-- . J.u,.;ol,purated into the decision will be concerns of D . P . W . which letter from Bill Hmurciak, D. P . W. Covenants will be cat.t.atl-l: .t3 . Easements granted to the Trustees of the Reserv_ZLiorl . Housekeeping, in the language , was done on MS , Condition #17, and Condition # 20 . Motion was made by Paul Hedstrom to approve the t3f:ef--idl 1`er_mit drafts for Site Plan Review under rection 8 . 3 ; Section 1 . t: : a t.intaing Care Retirement Center; and 11 . 3 , Planned Development !-)i,�tr,Lc1:S pe.r discussion and drafts as marked up and di..ectinq the l'l, n.t., c. hti. ,- Huntress to put in final form as discussed . The motion I.)t: ,: : z.c! 7-d by Erich Nitzsche and voted unanimously by those pre�,ezlt A list of those conditions are zj.ttached. rg�� Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File o EDOEWOOD L I F.E.GH�• SPECIAL PERMIT FOR A CONTINUING CAME RETIREMENT CENTER (CCRC) , AND PLANNED DEVELOPMENT DISTRICT (PDD) - GRANTED UNDER SECTIONS 10. 31 10. 31, 11. 3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings, regarding this Special Permit as required by sections 10. 31 10. 31, 11. 3 and 1:3 of the Zoning Bylaws, 1. The proposed use and site design for this; lot ar-e appropriate, due to it' s location in Town. 2. Adequate vehicular and pedestrian access into the- surrounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8. 4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements; of the T'o.:,wn ft,-Ir Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. G. Adequate and appropriate fac:i 1 it iciss will ba! r:)r,0videacj for the proper operation of the proposed use. The Planning Board finds under Sections X3. :3,.1, DA. ;3, 10. 319 11 . 3 and 13 (CCRC and PDD) of the Zoning Bylaw that the �ar��F�� ��w>r.�ci site plan generally complies with the Town Bylaw requirements but requires minor conditions in order, to be completely in compliance ,y t h Town Bylaws. tui, Finally, the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requirements sizi I, ng s t1-1e following conditions are complied with. T'hereforeq in -.irder to- fully ofully comply with the approval necessary to construct the x facility as specified in the Special Permit before us, the r Planning Board hereby grants; a Special Permit to the applicant provided that following conditions are met : The project may contain 192 congr°egate hot_te;ing units withou 4 the use of the open space bonus Or, the affordable Vic-i using bonus. If the project takes adviantz%ge of the :,peari space boriuss,, than it may contain EE1 congre Date housing unites. ( 1',,A'`*' r ,ktid t''on t°r` � ,VF►:'" + r: : £l `� i h s:':"pry rrr i oVer3 he ?funds> � r� �d�d `M{' e� x oYr r ��e��r�� s�►a� X.. �f7�.r'"�� b� !.�t�i�i t£� 1�'i �e'�l"o� e� �'�, IT (4) The architectural style and design of the CCRC shall be of colonial design, in wood frame or lap siding construction consistent with the style and design of the nearby Edgewood Farm buildings. 5) All concerns raised by the DPW in the July 27, 1989 letter from Mr. William Hmurciak, as listed below, must be properly addressed and all relevant material must bei submitted tog and approved by DPW prior to the Planning Board endorsing the record plans. a. Show entire water crossing. • mann and c.r using ut i 1 it iey,.� ���n the; off site plan. b. The method of crossing the mill pond is not acceptable. The existing culverts at the pond crossings are not shown correctly on the plan. The water main as designed will block the culverts. c. The existing 12" water mein stub at Pleasant Street is a plugged bell, therefore no dresser coupling in needed. d. Change the method of connection to existing water main on Harkaway Road and to Millpond units 47 :and 53. Add a 1211 ligate valve on the north side . f Ma kCway Road. e. The existing 6" water main on Stevens Street should be eliminated. The services to house # 120 and 135 should be connected to the new 1 . " main and the pr{:if:)o!':ed cross connection at the 6" dead end may be eliminated. f. Show 100 foot stationing on the plan. g. The 12" 1/8 bends at station 18 + 90 are not necessary. sary. h. The connection to the existing 8" water main on Osgood Street at the project entrance shall be an 8" x 11" tapping sleeve and valve. A 12" stub and gate valve should be provided for futures extension in ,a northerly direction. i. Maximum distance between sewer manholes is 300 feet. j. Provide profiles of on site roadway and utilities. k. Show all utilities on one site plan. 1. The domestic water servicers should be connected to the looped 12" water main wherever possible. m. Show `details of utility crossings under buildings. n. The number of bends used in the 1E" water main should be kept to a minimum. o. Shaw rims and inverts on drainage plan. p. Provide detail sheets of roadway and drainage facilities. q. The design of drainages from areas D-1m-0 and B-1-D does not consider the potential for reduction of effective flow area of catch basins during adverse conditions. r. Provide data showing the projected water consumption and projected average daily sewage flew for the community. s. A D. E. P. D. W. P. C. sewer system extension permit must be obtained prior to sewer construction. t. Provides a plan for phased construction and erosion control. (6) All existing trees of greater than 12" Diameter with E51 of the existing tree line shall be shown and labelled on the-? site plan. (7) The following material has been reviewed by the Planning Board and staff in this Public hearing) process and shall be considered as part of this derision: (1 ) Racket ent it led a ( .=.WC1C)p__...,._.. __(::' 1'.3E _,...__E ....f;l)IyT: NU.x..!_�lG cn r��._i:��.�r�_�7� m�;.�:Y•.....c;�:y.::r�ri..._r�:u r___.�r_-f�l�•_._._ (c^) Packet entitled: presented by Samuel S. Royern and Ed gewood Life? Care, Inc::. (8) The Special Permit granted under section 8. 3 (Site Flan Review) of the Zoning Bylaw for this site, shall also be deemed as part of this decision. The following plans shall be deemed as part of the decision: Plans Ent it lard i Town of North Andover Massachusetts. Stevens Street Proposed Water and Sower Facilities. Dateds June 5, 3989 Drawn By: GCG Associates Inc. Plans Ent it led s Topograghic Flan, Dated 12/29/88 Flan of Land, North Andover MA, Dated 4/ 11/89 r Site Plan (Project ) , Dated 6/5/89 Project Planting and Lighting Plan, Dated 6/2/89 Site Plan (Entry) , Dated 4/27/89 Site Plan (Project ) , Dated 4/27/89 Grading and Drainage Plan (Entry) , Dated 4/27/89 Grading and Drainage Plan (Project ) , Dated 4/27/89 Plane Drawn Bye Earl R. Flansburgh & Associates Inc. Plan prepared fora Edgewood Life Care Inc. coo Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File i L I N B E C K Memorandum TO: North Andover Planning Board FROM: Stacey Furlong, Linbeck CC: Marlene Rotering, Life Care Services DATE: JUNE 5, 2007 RE: EDGEWOOD RETIREMENT COMMUNITY Attached, please find the following updated documents as a supplement to the existing Application to the Zoning Board of Appeals for the Edgewood Retirement Community Project: Updated Drawings: Nitsch Engineering Drawings Cl, C2, C3, C4, C5 dated (6/4/07) (Note an enlarged drawing C1 has been included for your use) Christiansen & Sergi Drawings 06084 007 (total 3 drawings dated 6/4/07) Updated Documents: Additional Sheet 5, 6A, 6B, 6C, 6D, 7A, and 7B New Documents: Additional Sheet 8 Sketch SK-1 dated 6/5/07 S' cerely, cey F g Team an ger Linbeck Phone (781) 372-1157 Cell (781) 953-2786 �1f1N :5 — IUUl BOARD 01-APPEAL APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 5 Description of Variance Request Petitioner respectfully request a variance from North Andover Zoning Bylaw Section 13.5.d.1 (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of 5 buildings (containing 7 units) which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center(CCRC)), as follows Unit Required Provided Variance Requested Original Revised Original Revised G-1 (Existing Structure) 100' 42' +/- 42' <49' 49' G-2 (Existing Structure 100' 42' +/- 42' <49' 49' G-3 100' 62' +/- 67.5' <39' 32.5' G-4 100' 54' +/- 69.7' <47' 30.3' G-5 100' 74' +/- 100.8' <27' N/A* G-6 100' 56' +/- 100.7' <45' N/A* G-7 100' 66' +/- 76.5' <35' 23.5' A-4 100' 5 F +/- 80.7' <50' 19.3' A-5 100' 62' +/- 69.6' <39' 30.4' *These variances are no longer required. Information is being shown so that this Board can see what revisions 1 e been made by Petitioner and what variance requests have been eliminated. D 00 S " 0001 BQ�� {14327\00002\A0132435.2) APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6A Difference from Zoning Requirements Perimeter Setback of 100 feet required. Provided: Less than 100 feet, as shown on the attached plans and as detailed below Unit Required Provided Variance Requested Original Revised Original Revised G-1 (Existing Structure) 100' 42' +/- 42' <49' 49' G-2 (Existing Structure 100' 42' +/- 42' <49' 49' G-3 100' 62' +/- 67.5' <39' 32.5' G-4 100' 54' +/- 69.7' <47' 30.3' G-5 100' 74' +/- 100.8' <27' N/A* G-6 100' 56' +/- 100.7' <45' N/A* G-7 100' 66' +/- 76.5' <35' 23.5' A-4 100' 5 F +/- 80.7' <50' 19.3' A-5 100' 62' +/- 69.6' <39' 30.4' *These variances are no longer required. Information is being shown so that this Board can see what revisions have been made by Petitioner and what variance requests have been eliminated. D JUN 5 - Z007 D BOARD OF APPEALS I 4327v00002vAO132435.21 APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6B Existing Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002\.0132435.2} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6C Proposed Lots The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. i I 114327\00002\A0132435.21 APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6D Required Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002\A0132435.2} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community,Inc. Additional Sheet 7A Existing Buildings There are a number of pre-existing barns, agricultural buildings and two single family dwellings, and one 3 family dwelling currently located on the Property, all as shown on the accompanying plans. I I {14327\00002\A0132435.2} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 7B Proposed Buildings Under Section 13 on continuing care retirement center, a total of 27 additional dwelling units consisting of Independent Dwelling Units under Section 13.3.c are proposed to be constructed. Seven (7) of those units located in a total of 5 buildings will not be able to meet the 100 foot Perimeter Setback under Section 13.5.d.1. All buildings will comply with the 30 foot setback requirements of the underlying zoning district, which is an R-2 District. The Variance requested is as follows: Unit Required Provided Variance Requested Original Revised Original Revised G-1 (Existing Structure 100' 42' +/- 42' <49' 49' G-2 (Existing Structure) 100' 42' +/- 42' <49' 49' G-3 100' 62' +/- 67.5' <39' 32.5' G-4 100' 54' +/- 69.7' <47' 30.3' G-5 100' 741 +/- 100.8' <27' N/A* G-6 100' 561 +/- 100.7' <45' N/A* G-7 100' 66' +/- 76.5' <35' 23.5' A-4 100' 5 F +/- 80.7' <50' 19.3' A-5 100' 62' +/- 69.6' <39' 30.4' *These variances are no longer required. Information is being shown so that this Board can see what revisions have been made by Petitioner and what variance requests have been eliminated. pf� C� I1 1 JUN 5 zoo? D BOARD OF APPEALS {14327\00002\A0132435.2 1 APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 8 Hardship Petitioner respectfully requests a variance from the North Andover Zoning Bylaw Section 13.5.d.I so as to allow for construction related to five (5) structures (one existing and four new) containing seven (7) additional units to be constructed within the 100' setback. (Petitioner has reduced its original request which sought to allow six (6) additional structures containing nine (9) additional units) The proposed units occur in an R-2 district and meet the 30' setback requirement. The following narrative describes the hardship related to this request. Units G-1 and G-2 occur within an existing barn structure. They have been included in this variance as this existing structure falls within the 100' setback and they are being renovated for a different use. The renovation of this existing barn is being proposed to further support the restoration of this existing Barn. All work will occur within the existing footprint. Units G- 3, G-4, and G-7 are proposed to occur between two wetland resource areas. The location proposed respects the 50' no build zone from the wetland resource area but requires relief from the 100' setback requirement in order to avoid the 50' no build zones. These (3) units are outside the R-2 setback requirement of 30'. Units A-4 and A-5 are proposed to occur between a steep slope and permanent open space land. Locating buildings on the slope would require a ten-foot retaining wall. These (2) units abut property that is Permanent Open Space Land, and are located outside the R- 2 setback requirement of 30'. (See Sketch SK-1 attached) Its is interesting to note that the proposed building volume related to the eight(8) cottages on the property adjacent to Building 7000 offers a reduction in building volume of 42%when compared to option of Buidling 8000 which was approved unde the original 1990 Special Permit. JU N '5 - '1007 �I BOARD OF APPEALS {A0135586.2} 7,5'+ APARTMENT — — — — — — BUILDING BEYOND 1 (3 STORY; 31 UNITS) I Q I O I Ln COTTAIGE I UNIT X43 N 201-0" 11111999�993p911..:.........:..:.:...:..:..:.:.:...:..:..:..::....:..:.:...:......................N........... ....................................................................L.2OE �I . .. . ... ................. ........................................ . ........ . . .................................. .....1....9....2.....5...................................................................................... ........................... .......... ...................... ............ . ... ........................ ..........:.......... ..... . I........................... ............ 1ea.............................._..... .................................................... ......... .. ..:.. 1e7.............................. .. .. ...... . ... ..... . ............................... lee...............................Q.. .... ..... .. .................................... 1g :':::::::::::::::::......:: 1e3............................... ..... .......................... 1e1.............. ..... ........ .. ................... .....$� ei .............. . C�. ..................q..� 1eo...............177:0::.......... ...... 1]9 ........................ DRIVEWAY PARCEL A SECTION UNIT A3 TH RU M DEWINGBSCHMIDARCHITECTS JUN 5 LOU/ E D G E W O O D STEPHEN STIMSON ASSOCIATES NORTH ANDOVER,MA LANDSCAPE ARCHITECTS BOARD OF APPEALS SCALE:1"=29-0" JUNE 5.2007 F` s - a. a NOTES: 1. THE INTENT OF THIS PLAN IS TO SHOW THE OVERALL PROPERTY. Nitsch Engineering 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING www.ntbehenp.eom CONDITIONS, PROPERTY LINE INFORMATION AND 186LIneolnSheel,M2D0 WETLAND DELINEATIONS. Boston,MA 02111-2403 7.(611)336-0063 3. WETLANDS WERE DELINEATED BY WETLANDS F:(617)336-8472 It PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER .CMI BVIneedng 11 1 t 2006. ►land surveying 4. COTTAGES: ►P rtadon Engineering ' Wming ►GIs senices ' 24 NEW i —1 RENOVATION OF EXISTING BUILDINGS ��► *a 27 TOTAL tit -i S IM It , C•". AMR-4 + ce Q O Q Lu LLJ t _ w •r _ ks" Z �' O J W z ir l / k. r `w,�\ f`y�- r •+'` '�•°` o vii o 0LO 3 w LO 0 W t •Y f�,f• 1�1�rJ�. � t i . �`\.r..,'L!♦" \ice ''J I�(� �' �; ! PROR=# 6050 f"�d��'� I �qq' f ME 6050ZBA-0VBRALLDWG cn b P ~ ~� \1 ` ``' -- SCALE, V-300' DATE APRIL 12.2007 ;) PROBICTMGRSABRA�v'l UAe4 i—e144l[oAr SGRRM01 f �+@ DRAMBY: SV STEVEN VENTRE CA (HECKMBY: SAB Ln CIVIL SHEET: g t �1�,pist 1' No.46872 SCALE: �:`� 9 a 1"=300' �G�STEP`� cz) i I Ldl 10 .300 150 0 300 60a . JUN 5 Liu/ m BOARD OF tr i-LHLS 1 OF5 REV.:06-04-07 r y. ul O .. `I "!' / Nitsch Engineering p row �/ 'DUI j . J �ahu� �'\ L '_w � !!� www.nNscMnp.eom /� Su 186 un WORK I N 25 FOOT c0m streetSub 200 Boston,MA 02111 2403 iii NO TOUCH. T.(617)33s-M f: s1 398 6472 / REMOVE EXISTING c n �orl^'/Iy1� 1,ry '1 .. ay,I„�,��,�,,.�� ►,*��, 4 �'.'. .'.'.'.'.'.'.' . . . �j�!i� r ,�!,! ���� x, .'.'.'.'.'. .( 1 BARN /�{,�C..... r..�. "•. Y �•N'1{Iy�1�H" 11•y� r.,.•. -" k `iu i l!;� .' �/ I ►1Y-I�_I.II EMI'ee* stmAng I -GIS services 5 SO- �. . . . . . . . . . . PROPOSED . . . . . . . .( COTTAGES \ / 4. Ot W w B LD SETBq I w CK co Q F ,00i 8. I Z ca Z O LY O C17 N7 �.. z e Lu o or y t I CC is o ,a iz SOS i F a CP {i. f� O o ! WORK IN 25 FOOT o g o Z \ ° NO TOUCH. N s� eM o j REMOVE EXISTING o STEVX 11:1 EN �y� o 0 - NOTES: �`S' / 50' o GRAVEL DRIVE o VENTRESCA aLu Lr"1r�5 t v CIVIL W 1. THE INTENT OF THIS PLAN IS TO SHOW THE AR 601 ��"= ua O Mµ�+!r�i No.46872 OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. tST 2S, Tit; o q p N11 I 2. BASE PLAN COMPILATION OF ON-THE-GROUND ( 25' ;;;,c S/0 L .SURVEYS. SEE THE SURVEY PLANS FOR EXISTING r: CONDITIONS, PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. •.�,^ � �f;Ili! 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER/ EXISTING GARAGE TO 2006. rla.r yu / FROM N 6050 BE REMOVED FE.E: 60507.BA-PATH.DW(i 4. PROPOSED COTTAGES: 27 I Scnr.B: V^ 40' 6'..n DATE: APRIL 12,2007 c Z 'Ila c� PRomcrM13t SAB S.' ` r° SURVEYOR: i= CLOUDED AREAS SHOW WORK IN OS ,�„L,, .. bc,r��, THE 25 FOOT NO p � Op DRAFfEDBY: SV _ S; r r �i� J � -.- QK30 CEH=13Y: SAB DISTURBANCE ZONE \ ""- �'�o�,Q '0S / '. :—. / © SHEET: R SCALE: 1 . _18 W R.ODWA1'- } 1 . . . Ln ro i ley �oS %/� . . . _'' 25~ 40 20 0 40 80 . . . . I ll� 2OF5 REV.:06-04-07 r n .G .1 r�wol g _ X1 EVEN N ► E"`--- - • _ ' X2 EXISTING GARAGE TO VENTVIL Nitsch Engineering ��� .� /"� BE REMOVED �' CIVIL r E3 ,�D�c�' �, 1 J -0 9No.4687 Q www.nitschwn0.com E5 G1 A G1 B G1 C G13 l� FQ/STEPS �� 186 Uncoln Street,Sulm 200 --_ �T ' �.4 ' FG12 -\' FSS/ONpIG�� Bosten.MA 02111-2403 `E4 G1 EXXISTING BARN TO T: 0° 011 t � � BE REMOVED. F:1s1�33ss4rz q Cep -CMI EnpUeetrg f •Sz - • • •i.PROP: •�• ••W 4 ROADWAY/SAFETY IMPROVEMENTS :T � l IDE RO�p. . . - QH10 H HS TO ACCESS ROAD - � �ssem G6 H1 v Lu 'fir O UA 1 ,OS 0 / U.�Sp' m � o� ;� •'3E W 5pa Lo l Z2 i \ 100 = 1 a z Z1 _ FT $E ? a Z3 � TBACK � .� ,� � Porch ,�/ 'ps 'Sc� z Lu z � � ul > N, Z9 ps r 4 ',► Po.ch pry p \ AR W �. S H#5 \ ;„ o. z o ac o ` l OF 1c� _ Z8 S ,Q Patio ` Q' ! �- Cl) 3 _ 2 � $ O Op Z4 Z opT S& - W Cu SZ Porch \82 626 h U B24 cn B25 : ` r � � , �1♦' O' ' �,� f w" ' r ♦� �11C x�tio' „;'^h, Porch ♦ Ip m,r 2 B30 ' B23 '''- OS q ;.s .� . C16C17 �`, �C19 B22 p ''-.� 'ps J4 �.G: , Porch PRODMa- 6050 os R •'^`.+ > u' r •._ FILE: 6050ZBADRPIRWAY.DWG C1 C15 C18 ,� OABl B21D O - SCALE: 113-40' cq � I5 DATE- APRIL 12,2007 7 �, n C13� 83 84 B20 G �Sc� t"0n, �' v PRW RVEYO : SAB__ v 3 SURVEPOR: Patio ° DRAFM BY. SV N NOTES: B19 B18 B17 � �` CBP,CP.HDBY: SAB 1. THE INTENT OF THIS PLAN IS TO SHOW THE AREA OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. 3VW Q _� B16 H Patio SHEET: ` B7 B8 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, a 89 B10 B11 � PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. _ 812 1 =40 40 20 0 40 80 — 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION .INC. ON AUGUST 2006 AND NOVEMBER 2006. C3 CLO4. PROPOSED COTTAGES: 27 D U ` CD THE U25 FOOT DED AREAS SHOW WORK IN DISTURBANCE ZONE 3 OF 5 REV.06-04-07 17 BOARD _APPEALS ___ _ cm cm � / X"ISTING BARN TO RESCHOOL �' o�, '�o E REMOVED. G11 Qa Nitsch Engineering ROADWA { � � H1 Y/SAFETY IMPROVEMENTS �-.WAY. iy ,•..�, - . •f� •, • _ 0 TO ACCESS ROAD www.nlbehrnp.eom G 6 — .H H 8 186 Lincoln Street,-Sub240 200 H1 G5 Ba to4MA 02111-2403 2 " . . . H H 4 r:(617)a3s sa7z "".•-,••-.:... -CIvA Enpineerinp '- .., — ©o -Lana&n*ng . . . . -Truap Mm Enolwdng -Planning 0 26 . . . � I-- c o rZVENTRli OF ZuSTEVENPorc , LSCA Lu No.46872U. LJ �. .L LQ cm e. n, "' i y": p 1.i "�• O A �' �,�.J29 k�'lST6P F— y J2� FS3/)NALO o g �. . . . J28 U. Lu 2 EXISTING GARAGE TO '` P ' 0 8' ' •, > �. 0 BE REMOVED- ,0 �. otio ` , _� ,� �F�\`..`��, ` J3 f z z 0 < 05 oN S0, Qgp`Yq 4 27 z o ,~z„ ' �25 z � •� . , rs S r - J24 ¢ W x Z J � PLu �� ♦ / J5 0 J, \\ Z � P ,� � ' � oC o rS �O orch 00 '`� z ♦ �h % J 2CD 0 ; 628 26 , 5 X00- �' J21 a cn 0ro B24 3 cn B25 ``'-. L _. B29 c co ' �: �' l Por � 1 � o�' Jv W B23 OS ` 3atro �h ♦—00- B30 0- B30 �,C19 B22 p`1,,., 'OS `` �� ('i u Porch !C 150, \ B B21 SF y,y, .• Iti , y. .,� _ XB3 B4 B20 -Sz Q�' ''} S 6i __ a � , 7 , ut B5 B6 -� '9Qa ,� potion!. :f 8 .46 �`- B 18 J �`� , � S c' B19 B17 Ste, ro -N-7-6• B2 -- B16 pof/ rn c' B B p O J `gyp O ' ' 4.ct � 1 + ' PROJECT, 6050 " ^ _ U B9 O —G ti `� JI ' �r �S, FIIE I"=A A•PAR(UGDWG B10 B11 B12 �1�!0 BUILD 1 ♦ p• I I I �7 2f� / sDAM ,��=ao 5 DATE: APRB.12,2007 *AsB1 3 G' '� d 1 J PROJECr MMSURVEY01 SAB ` `._.... _ " '� ♦ N82'S5'37"NV f I �EYGR: DRAKEDBY: SV NOTES: , '� -4'� \ \ ♦ 00- DBE(.•MDY: SAB 1. THE INTENT OF THIS PLAN IS TO SHOW THE AREA OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. - o` - t i �� SHEET: 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, SCALE: u PROPERTY UNE INFORMATION AND WETLAND DELINEATIONS. \Ln _ I= . 4 10 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. � 40 20 0 40 80 m CLOUDED AREAS SHOW WORK IN 4. PROPOSED COTTAGES: 27THE 25 FOOT NO U DISTURBANCE ZONE 4 OF 5 REV.06-04-07 JUN b - " APPEALS- ____ i ti9o� r ___ 0 __-- c� --_ Q ___� NOTES: C2 �a2 ' 1. THE INTENT OF- THIS PLAN- IS TO SHOW ' e+ 192 THE RELATIONSHIP BETWEEN THE Nitsch Engineering PROPOSED COTTAGES TO THE PROPERTY 183 est c>a� LINE SHOWN HEREON. www.nlbchong.com z Q 2. BASE .PLAN COMPILATION OF 186 Lincoln 5Vee1,Suhe 200 ON-THE-GROUND SURVEYS. SEE THE Baft,MA 02111-2403 SURVEY PLANS FOR EXISTING CONDITIONS, T.-(s17)33s-sas3 �e4 PROPERTY LINE INFORMATION AND R(617)&U-6472 WETLAND DELINEATIONS. -CMI 6pinaaring MOR TORIUM ��N �g2 3. WETLANDS WERE DELINEATED BY -�su�o --' ,�-� Ttawda m Bvhwn0 WETLANDS PRESERVATION INC. ON �.'' -riaPlanning„ ..� - I AUGUST 2006 AND NOVEMBER 2006. ►GIS Servlces �''^ ✓ , G f___ 15'�'�7 '^-'`20, 23 24 � 4. PROPOSED COTTAGES: 27 5. EXISTING CONDITIONS CONTOURS ARE oI}ods r” ( �"' of}od SHOWN ON THIS PLAN 41 p Wit ' � Dd y 1} d � 134 !fit i al IliJ 19 �.�wa,�" I u " t �I:_'! r ' ;,ra,'• ��I�,1 ��,u•' � � �� I, y�6 s Ix ,, sf I P m --�,,,.� ' ti�'!c�uF.�3j��6� b���� "�"�` '���� `�! •4;S f�� �'�xl�' w`'y E '�y � w ., .fir,! 4:�'„5ti;;I��N:���e 19 ^�r�y� �4i1,1 0� ,�"st. x� (� ;,:� yOJ ';I�x'i Fri7�.�s'rli�a'k-'.' 1�'!e I.,� u• ' �q�'4x6,i 4 �' /� T "i �!� •4'"'�'4..e I E � v � i uJt' !e, Ill�a'li s iN'�I �'' ��� ,i OE9� •--/ �' > �tOn "!' {rly!;: 1 I",E tliur::; 4. , p `5 1 ,, W`I. !''' - �f• ! z 1 OJO •IJ":. k, nl n�4 Kms''- 4' C 8 p�p� \ •_t"• r-•-�� t'-•BAST SIATcE W _G_ goo �cK Lu Z o \ sRz� ffLu ccJ WR _21D-D i -T o ` g ! — - �. 1 ` -IN Gfi _ ✓ ,1 T-11L14 U J a M1U�p !. C I f G; ,t'ir1j; ' ' ! �! �a4 Lu t'r S 2 -�' I � .�...,,,�, tR ,�� '!' •yf.:'S 7 r�:i� '':Eu ! 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S ) O 0 01,} o- 40 80 -. 51A1i 1i9 Gy a 6ki� e�, / C1917 •� ��� 1 � z."'� \ r � � {tet 5 OF 5 REV.:06-04-07 .c ' . . Bldg. �ZB Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineer! HAND CARRY TO THE LAWRENCE EAGLE TRIBUNE LEGALNOTICE •tom"j',�.E.,. _ FOR PUBLICATION TUESDAY,.MAY 22nd & 29th 2007. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover PlanningBoard will hold a public hearing p g as follows: Purpose of Public Hearing: Application for Site Plan Review Special Permit under Section 8.3 and Section 13— Continuing Care Retirement Center& 10.3 Special Permit of the North Andover Zoning Bylaw. To construct 27 new cottages approximately 1400—2,000 s.f. each & a greenhouse of approximately 720 s.f. & a new 20 foot wide ' . roadway with individual driveways to access the cottages, project will remove three existing buildings, a gravel access drive and a parking area in the 100 foot buffer within the R-2 zoning district. Application for a Modification Special Permit to existing CCRC Special Permit Section 13.1, & 10.31 granted on October 5, 1989. Applicant/Petitioner: Edd' ewood Retirement Community, Inc. 575 Osgood Street, North Andover, MA 01845 Address of Premises Affected Edgewood Retirement Community, Inc. 575 & 549 Osgood Street, North Andover, MA 01845 Assessors Map and Lot: Map 36 Lot 3, 17, 18, & 19. Public Hearing Date &Time Tuesday, June 5, 2007 @ 7:00 PM. Location of Public Hearing North Andover Town Hall, 120 Main Street, North Andover, MA 01845, 2nd floor conference room. Richard Nardella, Chair; North Andover Planning Board All interested persons may appear and be heard. Persons needing special accommodations and/or those interested in viewing the application materials should contact the North Andover Planning Department at (978) 688-9535. MAY 2 417 BOAR,D,UF APPEALS Agenda TRC Meeting i May 24,2007 Please be advised that we have scheduled a TRC meeting to start at 10:00 am at the Community Development conference room(1600 Osgood Street). 10:00 Ap licant: Connie Cedeno, 90 Sutton Street—wants to open an art studio called: "It's time 2 Create" property is located within the I-S zoning district. Applicant is proposing to establish a facility that will provide a safe, clean, and supervised environment for children up to the age of 12 for the following activities: I previously sent the packet information to your attention. Arts and Crafts Candy g makin activities Cookie decorating Basic food preparation Preschool activities After school activities 10:30 Applicant: Edgewood Continuing Care Retirement Center. Edgewood proposing to made changes to their site plan per recent ZBA and Con/Com meetings. Engineer to submit those proposed changes in time for TRC meeting of May 24th. ❑ Building ❑ ZBA ❑ Con/Com ❑ Health ❑ DPW ❑ Fire ❑ Police ❑ Town Clerk Best personal regards, Mary Ippolito Town of North Andover Planning Department 1600 Osgood Street Bldg. 20, Suite 2-36 North Andover, MA 01845 Phone: 978-688-9535 Fax: 978-688-9542 mippolito ccD,townofnorthandover.com c VC, / 00 / l�S Y.d/�, vi 0-0 //5 1 � ---rA YD 6 r@e mo —7 WA 3-7 � v4d , vt) IIjj I 7.3,Table 2 (Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generall onsistent with existing conditions variance from the rear yard buffer requirements to allow for less than a foot buffer in the portion of the rear yard located closest to property boundary as shown on the"SiZto ns",and which is generally consistent with existing conditions but additional screening has been ad provide for greater buffering capacity for the rear yard. Note that the Property will otherwise complythe 50-foot rear yard building setback requirement; (c) Section 8.1 (Off-Street Parking)of the Zoning By A s to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces,aloe with other variances from Section 8.1 such as aisle widths to enable improved circulations within the par 'fig lot,all as more particularly shown on the"Site Plans";and,(d) Section 8.4(Screening and Landscaping quirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from requirements for screening and landscaping of off-street parking in order to accommodate the V' ubject /design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscning,lighting and other improvements within the off-street parking areas, all as shown on the"Site Pto the conditions described below: Based upon the fodings,a second motion was made by Richard J.Byers,seconded by David R.Webster,and the Board unanmously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk desc}''�bed in the Kiosk Petition,including the requested relief from: (a) Section 7,Paragraph 7.3 and Table 2 (Sumnlary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback/to am Street,and to allow for relief of sixteen(16')feet from the front setback along First Street front ow for the construction of a kiosk where 25 feet is required and,(b) Section 8.4(Screening and Landscairements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for redt setbacks and related screening along Main Street and First Street to enable the Petitioner to construct approximately 208 s.£ in size,all as shown on the"Site Plans,"subject to the conditions described below: CONDITIONS OF APPROVAL The Board finds that the Shopping Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in accordance with the plans described as follows and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the"Site Plans"unless otherwise described in this Decision: Site: 109-123 Main Street(Map 29,Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover,MA, prepared for San Lau Realty Trust, 109-123 Main Street,North Andover,MA Date(&Revised February 12,2007,Rev.March 13,2007 Dates) R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP,62 Montvale Avenue, Suite 1, Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1 (Scale 1'=40') Plan Title: Site Plan Review&Special Permit Application Plans for: Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Realty Trust, 109 Main Street,North Andover,MA 01845 Registered Professional John Barrows,P.E. #40052,Marchionda&Associates LP,62 Montvale Engineer Avenue, Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07, 3/14/07,4/9/07,&4/12/07. Page 4 of 4 Town of North Andover Town Clerk Timc Stamp ZONING BOARD OF APPEALS E 1 V i_D Albert P. Manzi III,Esq.Chairman Ellen P. McIntyre, Vice-Chairman f %40RT" Richard J. Byers,Esq.Clerk 0"1 6 2007MAY23 Joseph D. LaGrasse 0 A David R. Webster Associate Members Thomas D. Ippolito 'k Ho'l I Richard M.Vaillancourt M A S IS 1 i J Daniel S. Braese,Esq. SSaC U 4t, Date Inq7 ozw 7 U 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 4=arnianr-e:) Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: Q r, ��f Pey MAP: 22 PARCEL: -3, TOWN: North Andover, MA 01845 TO MEETING DATE(S):—�VKLE- ?IOU NAME OF PETITIONER: SIGNED: Rtit oner(or pner's representative) 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.coin i! DEVIN �ILLIMET ATTORNEYS AT LAW ROBERT W.LAVOIE April 17, 2007 RLAVOIE@DEVINEMILLIMET.COM VIA FEDERAL EXPRESS Mich Glennon Zoning Board of Appeals 1600 Osgood Street, Building 20 South, Suite 2-36 North Andover,MA 01845 Re: 575 Osgood St.,North Andover,MA Dear Mich: Per your request enclosed please find eleven (11)sets of corrected Elevations and Floor Plans for 575 Osgood Street; this document now has floor plans labeled to show function of rooms(e.g., bath, kitchen, bedroom, etc.)and the Elevations Plan now shows the front, rear and side elevations with height. P yours, oie RWL/mlm Enclosures APR 18 zuul , {114327\7n76611 W0132657.11 R)A �DU FEALs MI� IMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH APR 1 r B�./y CH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMILLIMET.COM CONCORD, NH BOARD OFAKEALI& MASSACHUSETTS 01810 NORTH HAMPTON, NH I ,AORTH Zoning Bylaw Denial F=beic' ~s Op Town Of. North Andover Building Department �•• 4'' 400 Osgood St:=North.Andover, MA. 01845' q9 �Ss�cMus�� Phone 978-688-9545 Fax 978-688-9542 Street: 22 Harkaway Road Map/Lot: 95/51 Applicant: Andrew Brien Request: Addition Mud room 22'x10' Date: Jan 27,2014 Please be advised that after review of your Application and Plans that your Application is DENIED for the following.Zoning Bylaw,reasons: Zoning R-4 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient X 1 Frontage.Insufficient X 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use PreexistiT9 2 Complies 4 1 Special Permit Required 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient X i Building Coverage 6 Preexisting setbacks X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage.Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign SIrt ,,� not aiio,rved 3 Loc priort6 1 -�,:7. 1 4 Zone to be Determined 2 Sign Complies NIA 5 1 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More,Parking Required 2 Not in district X 2 1 Parking Complies X 3 Insufficient Information 3 1 Insufficient Information 4 Pre-existingParkin Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance Site Plan Review Special Permit C-5 Setback Variance-Rear yard Access other than Frontage Special Permit Parking Variance Frontage Exce tion Lot Special Permit Lot Area Variance Common Driveway Special Permit Hei ht Variance Congregate Housing S ecial Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent ElderlHousing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special-Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for Sign R-6 Density Special Permit X Special Permitpre-existing nonconforming Watershed Special Permit The above review and attached explanation of such is based Fon plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such-verbal explanations,by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. A�� zz rL..- L Buildin Department Official Signature Ap.p i tion R�c ived Ap i�4tion eni d Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the application/ permit for the property indicated on the reverse side: + M Item �teas�osfor Denia'I' x k ceM Variance Summary of Dimensional Requirements-Table 2 Section 7.3 Required 30',Proposed.16' Section 9.1 Special Permit is required fox pre-existing non-conforming structure or uses, however may be extended.or altered. 1 ' I Referred To: Fire Health Police X Zoning Board , x Conservation Department of Public Works x Planning Historical Commission Other BUILDING DEPT y. TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS NAME: ADDRESS OF APPEAL: Town Clerk Time Stamp Procedure & Requirements for an Application for a Variance Twelve (12)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty U days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete, notice for mailing to the parties in interest(abutters)and Fules mation herein is an abstract of more for publication in the newspaper. The petitioner is quirements listed in the Zoning Board notified that the legal notice has been prepared and the Regulations and is not meant to cost of the Party in Interest fee. e them. The petitioner will complete items nderlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION- STEP 9: DECISION: Petitioner submits all of the required plan information as After the hearing,a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty (20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10: RECORDING THE DECISION AND PLANS, STEP 6: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1) original and eleven (11)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354 Office to be certified by the Town Clerk with the time Merrimack St. Suite#304, Lawrence MA, 01843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Clerk's Office,and the 11 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg.20, Suite 2035 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 f 4 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. B.*Plan Specifications: Application for a Variance must be supported by a I) Size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", p referred scale of 1"=40° detail all facts relied upon. When requesting a Variance II) One(1) Mylar,with one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date. the North Andover Zoning By-laws, all dimensional III) Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional supported.. All points,A-F,are required to be Land Surveyor. Please q note that plans by a Registered Professional Engineer, addressed with this application, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 Q *Required Features On Plan; structure. I) Site Orientation shall include: B. The circumstances relating to soil conditions,shape 1. north point or topography of such land or structures especially 2. zoning district(s) f affecting the property for which the Variance is 3, names of streets sought g which do not affect generally the zoning 4. wetlandsif applicable) district in which the property is located. ( 5. abutters of property,within 300 radius C. Facts which make up the substantial hardship, 6. locations of budigs on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7, deed restrictions, easements. with respect to the land or building for which the II) Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E.' Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose applicant, owner or record, and land surveyor. of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area is applied for in ZBA Minor projects,such as decks,sheds, and garages, application• shall require only the plan information as indicated with an. asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall be accompanied by the following described pian. Plans 11. APPLICATION FILING FEES must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover"for prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of appeals. all parties in interest identified in MGLA ch. 40A§11 on the abutter's list for the legal notice check. Also, A set of building elevation plans by a Registered the applicant shall supply first class postage stamps Architect may be required When the application for each address listed on the abutter's list, plus an involves new construction/conversion/and/or a additional 2 for the decision mailing. proposed change in use, 11.8. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8"(3 copies 10.A. Major Projects for the Legal, and one copy for the Decision mailing). Major projects are those,which involve one of the 11• C. Applicant shall provide a check or money order following whether existing or proposed: to: "Town of North Andover"per 2005 Revised Fee I)five(5) or more parking Spaces, Schedule. II)three(3)or more dwelling units, III)2,000 square feet of building area. lo, A Variance once granted by the ZBA will lapse in 1 (one)year if not exercised and a new petition must Major Projects shall require,that in addition to the 1013& be submitted.-4 10C features,that the plans show detailed utilities, soils, and topographic information. PAGE 2OF4 E NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC ftk ' be'e Y 1. Petitio er: *NamEt, *A d ess 0 tele hone b r: ` U ' j�4 4io' MA, , *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Years Owned Land: 3. Location of Property: a. Street: oning District: b. Assessors: Map number: Lot Number: — c. Registry of Deeds: Book Number: _ Page Number: � 4. Zoning Bylaw Secti n(s)* and whic the petition for the Variance is made. *Refer to the Zoning Bylaw Denial and Plan Review Narrative f as supplied by the Building Commissioner. 5. Describe the Variance request: 0 (J U I The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. % B. % I Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot; Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback 1 Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot-Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spa s Front Side A Side B Rear 4�0 1 .34� 7A. Existing Building(s): Number Ground Floor Number of Height Total Use of of Units** Square feet Floors Sq.feet Build, i *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Number Ground Floor Number"of Height Total Use of of Units** Square feet Floors Sq.feet Buil ing* J *Reference Uses from the Zoning Bylaw&Table 1. j **State number of units in.building(s). i 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. 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 the Zoning Board of Appeals does not absolve the applicant P from this responsibility. The petitioner shall be responsible for all expenses for filing and legal pp licant notification. Failure to comply vAh application require ents,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal b3Zoo Board of i appli ti rias incomplete. Signature: -� Type above names here: 'A�JuL�d ` � "" Town of Nom Andover ZONING BOARD, OF APPEALS E,B m P Vdbqrc,17i Gdm. C JI- '- a F b.P�wdKock jr-Esqs " ME=Cusen GX Brmm Legal Notice North Andover Board of Appeals Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday, September 16th, 2014, at 7:30PM to all parties interested in the petition of Andrew and Eileen Brien, for property located at 22 Harkaway Road (Map 95, Parcel 51), North Andover, MA 01845 in the R-4 Zoning District. Petitioner is requesting a Variance from Table 2(Dimensional Requirements) for one rear yard setback of the Zoning Bylaws in the R-4 Zoning District to construct an addition of a Mud room to the pre-existing non-conforming structure. Rear setback proposed is 16' (relief is 14) the required rear setback per Table 2 is 30'. Also a Special Permit from Sections 9.1 of the Zoning Bylaws is needed for a pre- existing non-conforming Structure or uses however may be extended or altered. Application and supporting materials are available for review at the office of the Zoning Department located at 1600 Osgood Street, North Andover, MA, Monday, Wednesday and Thursday from the hours of 8:00-400, Tuesday from the hours of 800-5:30 and Friday from 8:00 to 11:30 By order of the Board of Appeals Albert P. Manzi III, Esq., Chairman I 1 Published in the Eagle Tribune on: September 2"d, 2014 September 9th 2014 i TOWN OF NORTH ANDOVER SPECIAL ZONING BOARD OF APPEALS PERMIT NAME 9 ADDRESS OF APPEAL// Town Clerk Time Stam Itori `, ,d.. 4�,�i- .'4.i y x r.'F ..rid• -s..� � 'ia. a� 7.fs. '•t F N, E rr7,%. L-g','4Y Procedure & Requirements for an Application for a Special Permit Twelve(12) copies of the following information must be STEP 6•SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: a Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial form completed by the of the Zoning Board of Appeals and delivers the legal Building Commissioner. notice to the local newspaper for publication. STEP 2: SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All Information The petitioner should appear in his/her behalf, or pe as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing,a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1) original and 11 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar, and any accompanying plans at the of filing. The original will be left at the Town Clerk's Essex County North Registry of Deeds, 354 Merrimack Office, and the 11 Xerox copies will be left with the St., Lawrence MA 01843, and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT � .. -. PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2035 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Cleric's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-9541 Zoning Board of Appeals Office �' PAGE '1 of 4 PAGE 4 OF 4 SPECIAL PERMIT 77 9. WRITTEN DOCUMENTATION II) One(1)Mylar,with one block for Registry Use Application for a Special Permit must be supported by a Only, and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all facts relied upon. When requesting a Special III) Plan shall be prepared,stamped and certified by Permit from the requirements of MGLA ch.40A, and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape supported. All points, 1-6,are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district(s) use,structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300' radius 4.Adequate and appropriate facilities will be provided 6. locations of buildings on adjacent properties for the proper operation of the proposed use. within 50'f rom applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions, easements. Zoning Bylaw. II) Legend&Graphic Aids shall include: 6.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red required by the particular Special Permit for which 2. Existing features to be removed in dashed lines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LANDapplicant, owner of record, and land surveyor. 7. Locus. Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans 10 D. Minor Projects must be submitted with this application to the Town Minor projects, such as decks,sheds,and garages, Clerks Office and ZBA secretary at least thirty(30)days shall require only the plan information as indicated with prior to the public hearing before the Zoning Board of an. asterisks(*). In some cases further information may appeals. be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application involves new constructioNa conversion/and/or a A. Notification fees: Applicant shall provide a proposed change in use. check or money order to: "Town of North Andover"for the cost of first class, certified, return receipt x#of 10 A. Major Projects all parties in interest identified in MGLA ch. 40A§11 on the abutters list for the legal notice check. Also, Major projects are those,which involve one of the the applicant shall supply first class postage stamps following whether existing or proposed: for each address listed on the abutter's list, plus an l 1)five or more parking spaces, additional 2 for the decision mailing. II Iq three (3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) III)2000 square feet of building area. sets of mailing labels no larger than I x2-5/8A(3 copies for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features, plans must show detailed utilities,soils, and C. See 2005 Revised Fee Schedule. topographic information. ®ID A Special Permit once granted by the ZBA will *10. B. *Plan Specifications: lapse in 2(two)years if not exercised and a new I) Size of plan: Ten(10) paper copies of a plan not petition must be submitted. aCl to exceed 11"x17°, preferred scale of 1"=40' PAGE 2 OF 4 Date&Time Stamp Application for a SPECIAL PERMIT North ANDOVER ZONING BOARD OF APPEALS 1. Petitioner: Name, address and telephone number: �KJDQG-v3 gv' Gt1 22 4AKAvjA-v Rid ►� AUXUer 4 Dlb4s S1b - 4-19 - 235- *The petitioner shallbe entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address and Telephone number and number of years under this ownership: NjM ew gR 1 E) ?22 4A9,Y-Awg Y RD , . A"y-L-Z)�/�R �-/�4. o yS- Q-7 B QllB - 4�a - 93s& Years Owned Land: 3 3. Location of Property: a. Street: 22 PAKKAWA-Y (_Zoning District �- b. Assessors: Map number S Lot Number: -51 c. Registry of Deeds: Book Number 80184 Page Number: 4. By-Law Sections under which the petition for the Special Permit is made. • 3 R GA(� 5c -iCK 01, 1 RC &_--Xk5nm /�1aoJ C i�q S�Zvc su�� *Refer to the Permit Denial and Zoning By-Law Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: Tb C0AJ 5 -VC__F �, 22 �(pC)r ray 10 J:;ooT- r)k),5 5-roy,y ADD mw m PIC-A2 o rP 774C- AXI 57-111 & 5`rRvc rvRG" *The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4 of this application. I Page 3 of 4 NORTH ANDOVER ZONING BOARD OFAPPEALS application for a SPECIAL PERMIT 6A. Existing Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq..Ft. Coverale Feet Spaces Front Side A Sid B Rear iia 6B. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage F Spaces Front Side A Sift B Rear % 2-0 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sg21 . F. Sq. Ft. Coverage /o Feet Sp es Front Side Side B Rear 00 t- �3 c� I l�/ g 30 7A. Existing Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** -TWO FAWLY *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 7B. Proposed Building(s): Ground Floor Number of Total Use of Number Square feet Floors Sq.feet Building* of Units** ��SS a 35,5 ��� �����v t�►t�� a *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled 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 the Zoning Board of Appeals 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 Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Signature Type above name(s) here AxjV98A3 gR L� Abutter to Abutter( ) Building Dept. (X ) Conservation ( X ) Zoning ( X ) Town of North Andover Abutters Listing 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 lax 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 95 51.2 Andrew Brien 22 Harkaway Road,North Andover,MA 01845 Abutters Properties Man Parcel's Name Address 94 1 William Bannister,Jr. 380 Winter Street,North Andover,MA 01845 95 2 Trustees of Reservations 572 Essex Street,Beverly,MA 01949 95 3 David Janco 135 Stevens Street,North Andover,MA 01845 95 49 Francis Murphy 169 Gray Street,North Andover,MA 01845 95 50.16 J.P.Morgan Mortgage Acq.Corp. 7880 Bent Branch Drive,Irving,TX 75063 95 50.18 Tammy Francis 18 Harkaway Road,North Andover,MA 01845 95 51.1 Daniel McEvoy 20 Harkaway Road,North Andover,MA 01845 95 52 Noel Beaudoin 26 Harkaway Road,North Andover,MA 01845 95 53.32 Michael Grenier 32 Harkaway Road,North Andover,MA 01845 95 53.34 Shaun Stetson 34 Harkaway Road,North Andover,MA 01845 95.A 1 Douglas Guyette 1 Millpond,North Andover,MA 01845 95.A 2 David Riccio 2 Millpond,North Andover,MA 01845 95.A 3 Thomas Newcomb 3 Millpond,North Andover,MA 01845 95.A 4 Stephen Hayes 4 Millpond,North Andover,MA 01845 95.A 5 Robert Refuse 5 Millpond,North Andover,MA 01845 95.A 6 Joseph Contrada 6 Millpond,North Andover,MA 01845 95.A 9 Richard Nawrocki 9 Millpond,North Andover,MA 01845 95.A 10 James Muldoon 10 Millpond,North Andover,MA 01845 95.A 11 Gilbord Realty Trust 11 Millpond,North Andover,MA 01845 95.A 12 Nancy Ryan 12 Millpond,North Andover,MA 01845 95.A 13 David Pinzer 13 Millpond,North Andover,MA 01845 95.A 14 Thomas Kaufman 14 Millpond,North Andover,MA 01845 95.A 15 Tenna Kim 15 Millpond,North Andover,MA 01845 95.A 16 Kerry Bonner 16 Millpond,North Andover,MA 01845 95.A 17 Eugenia Ferrante 17 Millpond,North Andover,MA 01845 95.A 18 Winifred Schwartz 18 Millpond,North Andover,MA 01845 95.A 19 Beth Mazin 19 Millpond,North Andover,MA 01845 95.A 20 Keith Alter 20 Millpond,North Andover,MA 01845 95.A 21 James Chagaris 21 Millpond,North Andover,MA 01845 95.A 66 Elizabeth Martha 66 Millpond,North Andover,MA 01845 95.A 67 Wendy Hollis 67 Millpond,North Andover,MA 01845 95.A 68 Donald Chapelle 68 Millpond,North Andover,MA 01845 95.A 69 Robert Wolfman 69 Millpond,North Andover,MA 01845 95.A 70 Daniel Quinlan 70 Millpond,North Andover,MA 01845 95.A 71 Virginia Whalen 71 Millpond,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of �� , Certified by: Date��°� , k �$ �i r ro -m " n= M ,y x ' . yg I r f I I I t } I I } y _„ _••. ., `SLY. 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AD a Y c {Fti ✓ tN r'� � r ,���3•���� "Str �PM� �Nvx �:r, !r C'�' ? dWu � .-r"1 W k�si°', a Y w'�c°r'�r Jt� r°5•��'''Y 1►�iT�''�lky k�i+� irf��ti,�( �w�����.}����`r� a �.z .y;ti �' - lch t5 t�, a •j � t Tp � �L�'y'7' a aal �+k S Y t 2 } 41�tkix+E �W ;r i '�M +4 ar ,,.�, u�" t ,.ga[} r"�'7• �7,r�h44 fisv i }i a5y Fd`'' �-�`':�.i�D,1 f�.,M' f�w'.f�� ytC��,,,p�jr���r ��'�a..+,Y2`��'w+'��� �"""A C:7;�;�``•�S' r'F'.l.d iG` 1�r }tip sy y t 4 tr trrw 1 fir'�S� 2� �Z a.A°r{ r a; tw( P#.. 4'72 n ink ,✓�'.ty`"Cr`��:, i 9.Written Documentation Mr. Albert Manzi III Chairman Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover, Massachusetts,01845 Dear Mr. Manzi, We would like to respectfully request permission to construct a 22 foot by 10 foot, one story addition to the rear of our property p ope t located at 22 Harkawa Road in North Andover MA.The addition Y Y , would be used as a Sitting Room/Mud Room. It would include a slider with a small deck going into our backyard. This addition would be located on the side/rear of the present structure and would not be located any closer than the present 14 foot side setback or adversely affect any of our neighbors or abutters. It would only infringe on our rear lot line which is an abandoned railroad bed. Because of the pre-existing dimensions of our lot and the placement of the structure, we have no other place to put the proposed addition that will satisfy existing setbacks that are in place by the Town of North Andover. The use of the structure is within the intent of the Zoning bylaws set by the Town of North Andover and will not affect adversely on our neighbors and abutters. We have lived in the structure for 35 years and need to add this small amount of space (187 Sq.Ft.)for comfort and storage for our present and future use. As per the application we are seeking your permission to construct the addition within 20 feet of our rear lot line. We understand that the setback in the Zoning law is 30 feet. We also understand that our home is a pre-existing, non conforming structure that requires the permission of the Zoning Board to construct the addition. Thank You for your consideration, Andrew& Eileen Brien 22 Harkaway Road North Andover MA. 1 0 845 Table 1:Summary Of Use Regulations aside hale Busin'ess l Industrial YRrR5.R6 .BI DB2,. B3 °B4'VCpGS'PCD_GDD1 .CDD2 .II I2.:�`13 .IS Agnctiltural Use*� x Y Y Y Y Y Y Y Y Y N Y Y N Y Y Y Y Y Art Gallery , N N N N SP Y Y Y Y Y Y SP* Y Y Y Y Y N Auto'SeiviceStation*r '' N N N N N N Y* Y* N N Y N N N N Y* N SP Autb&'vehicle 11 t%hod Sho N N N N N N N N N N Y N N N N Y N N $usGarage �'z s s'K _ N N N N N N N N N N Y N N N N Y N Y Business&other Offices N N N N Y N* Y Y Y Y Y Y Y Y Y Y Y Y N N N N N N N N N Y Y N N N N Y N N Congregateousmg , , r' ". , N SP N N N N N N N N N SP N N N N N N Continuing Care"Retuement Center"` ' Y* N N N N N N N N N N N N N N N N N Eating&Drinldrlgistabhshment N N N N* SP* N* Y Y N* Y Y SP* Y Y N* N* N* SP FuneraUParlor' N N N N SP N Y Y N Y Y SP* Y Y N N N N Golf Course :_` • 'r; Y Y Y Y Y N N N N N N Y N N Y Y Y Y Guest House 3 N Y Y Y Y N N N N N N Y N N N N N N Independent Elderly Housing° Y N N N N N N N N N N N N N N N N N Place AM of Amuset or AssemblY, N N N N N N Y Y N Y Y N N Y N N N N Indoor ice Skating Facili N N N N N N N N N N N N N Y SP SP SP N Lumber;Fuel Storage or'Contractor's Yard{' N N N N N N N N N Y Y N N N N Y Y Y Manufacturing* N N N N N N N N N N N N N N Y Y Y Y Medical Center* 'i N N N N N N Y Y Y Y Y N Y Y Y Y Y N Motel or l loteh A , `,- ;! N N N SP N N N N Y* N N SP* N N N N N N MultiZFamily. .'_ellings 8c Apts::" y N N Y** Y* Y Y SP N N N N SP* N N N N N N Municipal Recc'eahon Area } " Y Y Y N Y N N N N N N Y Y Y N N N N New Car Sales*' q< " ` N N N N N N N Y N Y Y N N N N N N N Non=Profit,School Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Nursing&CorivalescentHomes* SP SP SP SP SP N N N Y N N SP N N N N N N 6641 ruly Dwelling Y Y Y Y Y Y N N N N N Y N N N N N N PersoalyS@mces ,r ' „ ,F N N N N* SP* Y Y Y N* Y Y N Y Y N* N* N* N* Placos of Woishi Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Printing&Reproduction. f N ` '° N N N N SP* N Y Y Y Y Y N N Y Y Y Y Y Private School for Profit z a p SP SP SP SP SP N Y Y Y Y Y SP Y Y Y Y Y Y Professional Otices* r` N* N* N* Y* Y* Y Y Y Y Y Y Y Y Y Y Y Y Y Public`Fltuldin''orUse : ; • •' `° SP SP SP SP SP Y Y Y Y Y Y SP Y Y Y Y Y Y Public Garages`&Accessory Buildings" N N N N N N N N N N N N N N N N Y N Public ,., C orporations "': N N N N SP N N N N N N N Y Y N N Y N Pulihc:SamtaryIhsposalSite Tn� ': N N N N N N N N N N N N N N N N Y N Public.Sto a ofE u`merit ,:_ " ' N N N N N N N N N N N N N N N N Y N Recreation ArealSP SP SP SP SP SP SP SP SP SP SP SP N Y SP SP SP N Research&Development Facilities ` N N N N SP N N Y Y Y Y N N N Y Y Y Y Retail)~stablishment N '' N N N N* SP Y Y Y N* Y* Y* SP* Y Y N* N* N* N* lr £ Rooming House; Y* Y* Y* Y* Y* N N N N N N Y* N N N N N N Taxis De 't ;. N N N N N N Y Y N Y Y N N N N N N N Town I•louse N N N Y Y N SP N N N N N N N N N N N Two Family Dwelling _ N SP* Y Y Y Y N N N N N SP* N N N N N N Veterinary Haspttal•&'Kennel ,# N N N N N N N N N N N N N N N Y N N WarehoLsmg&;Wholesaling ': N N N N N N N N N Y Y N N N N* Y N* Y Care.Ceriter >t „ ' SP SP SP SP SP SP SP SP SP SP SP SP N SP SP SP SP SP SP: Allowable with a Special Permit only. Note: This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw. * See detailed District Use Regulations in Section 4 of this Bylaw. ** Only with the provision of publicly owned and maintained sewers or Town approved and accepted private sewers. (see Footnote 12 of Table 2)and with no more than 5 dwelling units per structure Table 2:Sin znaiy Of DenvEdonal ReqtArenimb 87,120 43,560 25,000 12,500 43,560 43,560(7) 130,680 25,000 25,000 120,000 80,000 90,000 150,000 25,000 43-560 97,120 80,000 KOOO 435,600 50,000 2 Hui& 0* 35 35 35 35 35 35 35 35 35 35 60 4 (17) 35*** 45 35 35 55 55 55 55 ,,$*'Frontaget ( ( - '.' , :-1 175 150 125 100 8513) 150 15013) 125 125 300 200 200 300 125 150 250 150 150 150 150 Nu(i) Nftff 30 30 30(&) 25 30 25 30 25 100 50 50** 100 25 50 50 100(10) 30 30 (17XI) 100) 100) Skk Sdback 30 30 20 15 15 25 15 2D(2) 25(2) 50(3) 50(3) 25**(17) 50 25(2) 15 15 50(3) 50(3) 200(10) 20(2) ...Sdbick Reir ( ( 30 30 30 30 30 30 30 30(2) 30(2) 50(3) 50 25**(17) 50 35(2) 20 25 503 503) 200(10) 30(2) F)oiw . NA NA NA NA NA 0.75:1 0.25:1(15) 030-1 0.75:1 0.40:1 1.50-1 NA 0.75:1 NA 0.75:1 0.75:1 0.50.1 0.50,1 0.50:1 0.50-.1 RaW NUL: NA NA NA NA NA 20% 20% 30% 35% 30D/o 25% 25% 250/o 35% 70% 70D/. 35% 35% 350/(11) 35% I/a=(12) ) (12) NA NA NA N4uhi-Fam12 ( 9/am VA NA NA NA NA NA NA NA NA NA NA NA NA NA Town Fbm 250/,**(16)1 30 D/O I 30 D/O I *TIAO stories not to emeed 40fL Referto Scam 8.1(13)mid 8.4(6) *-*See deWed MAnd Use Regulations Please rder to footnotes for additional mkm-atm TBL 2 Commercial Property Record Card PARCEL_ID:210/036.0.0003-0000.0 MAP:036.0 BLOCK:0003 L0T:0000.0 PARCEL ADDRESS:575 OSGOOD STREET PARCEL INFORMATION : �3Y : :. 3ala rir.Or zw* l ttis> : tW3't8 : "<;`;# Aad yp .:.::.:.: ..fnspe C3�a : 00li3120DG Tax Class: T Sale Date: 11lQSH005 Page: 0115 Rd Condition P Meas Date 08/13/2006 Owner: I•cst Firi Attie: : S�Ia''Iy i c !l tJp .:.:..... .... :.: 1!`1i�i-� .; . ... :M Iwtttr011t gr« X EDGEWOOD RETIREMENT COMMUNITY,IN Tot Land Area: 62.36 Sale Valid: Y Water. Collect Id. gild Address. G.rrltcit;::; ;..3 QG�:SNIJF ;s`"#'£ '. ... t # `. I> pd: aa, IVI., ::: :: 575 OSGOOD STREET NORTH ANDOVER MA 01845 Exempt-B/L% 010 Resid-B/L% 98198 Comm-B/1.892 Indust-B/L% 010 Open Sp-B/L% 010 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code: 304 NBHD CODE: 34 NBHD CLASS:4 ZONE: R2 Ca .. .Gr 1.-FIAi�ea Ulsf "lit#t. C 'Yf 13*fl>Y';;:' r#.1fYrrBi:elli Cesii`ai ..:'.:`�'lr�. Cade it +ad'Sq»f�t Acmes::;.:: IttrYlN ?rY.....:..... ... .J ..... ..' Y.:...9...:.. 1.:. i.Value 4 16701 1 D 1996 1996 1,766,800 1 P 013 S 784080 18 3,528,360 Groups: 2 U 093 A 44.36 Y 145,511 Id. Cd S-FL-A Firs Unt DETACHED STRUCTURE INFORMATION 1 304 16701 1 0 «:::<: ;.: :...;;: < «:::>:, , 2 304 2087 1 0 6Ir ..;ilralf IIIFsr 1ils ': : firatlC4ndol3opd I� 11 glFIOSB AS S 66000 1996 A A 100///100 143,200 3 Section: ID:201 Use-Code:304 CY S 840 1996 A A 100///100 19,700 3 ? atgigotyr 3tsicl"I iilrea3tary I igi�k0od -Gf s Y• u#1! ;;`: Vr• ttii�Cq t: Id: : VALUATION INFORMATION 1 13546 2 D 1996 1996 2,432,900 Current Total: 27,770,400 Bldg: 24,096,500 Land: 3,673,900 MktLnd: 3,673,900 Groups: Prior Total: 27,110,000 Bldg: 23,436,100 Land: 3,673,900 MktLnd: 3,673,900 Id Cd S-FLA Firs Unt 1 304 13749 2 0 !, Section ID:301 Use Code: 112 CfY G' #dlf#an ,►teiry HiOt; il Yr` ufl!: :: IVr.»tlufllhaat Sim 1 131 3 D 1996 1996 4,588,3 88 00 Groups: Id Cd B-FLA Firs Unt 1 112 18637 3 39 2 112 19274 1 0 Section: ID:401 Use-Code: 112 :Old -Cll 1 15833 3 D 1996 1996 3,921,300 Groups: Id Cd 13-FL-A Firs Unt 1 112 15833 3 39 2 1-12 16449 1 0 Section: ID.501 Use-Code: 112 �A.w.�,v����. iia! � I:Ra: 1. 3k!.4R!7:>i::Y:0. l iY2<'<i i[>F[�!�::2i76'fi#i:.. : ..�.}yii 1 14270 3 D 1996 1996 3,132,400 Groups: Id Cd B-FL-A Firs Unt 1 112 14270 3 36 Section: ID:601 Use-Code: 112 -: >: rrtdaAaSts�.. :Fief .:..:SI... Ea�sa::<Yr.: uif:«:<:<EfyY.r:.8wf11�:L`o6t: 1:.:. <:>: 1 16289 3 D 1996 1996 3,566,000 Groups: id Cd B-FL A Firs Unt Parol 1D:210/036.0-0003-0000.0 as of 6/11/07 Page 1 of 2 Commercial Property Reoord Card PARCEL ID:210/036.0-0003.0000.0 MAP:036.0 BLOCK:0003 LOT:0000.0 PARCEL ADDRESS:575 OSGOOD STREET T-1 12 16336 3 36 Section: ID:701 Use-Code:374 .. .::•: :; d o oa:rec+!ry::: rnc� f ' .... �• 1 2568 2 D 1999 1999 414,300 Groups: t7 —� Id Cd B-FLA Firs Unt 61 1 112 2568 2 1 00 & w � � 00 Section: 10-.801 Use-Code: 112 m `^ o �ate0or� ,: nni�d-i���Eraa�r�r�Hi�i�t! � y U 1 15201 3 D 1999 1999 2,509,600 n c Groups: a Id Cd B-FLA Firs Unt 1 112 15201 3 36 Section IQ 901 Use Code 112 3cl-Fl.Ietolr;ligh>iBtdgGFa(cS:.YaSuil> f>Fr + �ii DQ >rSIc10 : 1 3188 1 D 1999 1999 252,300 �•1 Groups: a Id Cd B-FLA Firs Unt Z �] trQ,, 1 112 3188 1 1 0 Section 10 1001 Use-Coda 112 *',* roN,� opo ir. 13ttI SGt� Int 1 11> Id !!�w Yi`! ll�i ..: !XM ti ffit. & F '1' 15201 3 D 2000 1999 1,593,900 1�i Dys�Z 0 0o w Groups: /" #' 00 0 c� Id Cd B-FLA Firs Unt = ' N Z 1 112 15201 3 36 PHOTO SKETCH d *** 03rD 0 p ::.:::::::..;.:.::::..:.: .;..... 0 0 e ro r o � o 0 O 'p' U Q. 5.75. OSGOOD STREET Paroel ID:210/036.0-0003-0000.0 as of 6/11/07 Page 2 of 2 COVENANTS WHEREAS, EDGEWOOD LIFE CARE, INC. (Edgewood) has entered into an agreement with SAMUEL STEVENS ROGERS (Rogers) for the purchase from Rogers of a 62-acre parcel of land off Osgood and Stevens Street, North Andover, Massachusetts; WHEREAS., the purpose of the prospective purchase is to allow the development of• a Continuing Care Retirement Center (CCRC) on the site if approved by the Annual Town Meeting of the Town of North Andover which. commences on May 2 , 1988 ; WHEREAS, in order to develop a CCRC on the site, final approval after Town Meeting will be required by the Town Planning Board and other municipal agencies; WHEREAS, Edgewood and Rogers are willing to impose certain covenants on the site which will run with the land; NOW, THEREFORE, Edgewood and Rogers covenant and agree to the following: to Edgewood and Rogers submit to the jurisdiction of the Town and the' Planning Board in the acceptance by the Town and the Planning Board of the covenants contained herein. The Planning Board shall have the authority to implement, monitor and enforce the covenants contained herein, as part of the definitive plan review, site plan review and the Special Permit by the Planning Board in Article 27 in the Town Warrant. 2 . Edgewood and Rogers agree that the Planning Board shall act as the agency of the Town in the acceptance and enforcement of the covenants contained herein. 3 . Edgewood and Rogers agree that the Planning Board has the power to exercise its discretion with respect to the covenants contained herein and is empowered to vary the covenants in any contingency not now existing or any contingency which cannot be now foreseen. 4 . Edgewood g d agrees that there will be no construction in the Lake Cochichewick Watershed, as it has been presently constituted and defined by the Town. The actual Watershed line shall be- determined rmined b a survey rve y c onducted by a registered professional engineer. 5. The permanent conservation easement, as required by the provisions of Article 27 and as applied to the Edgewood .project, shall include all common open space and not merely the portion of the property in the Watershed. The conservation easement shall permit the use of the open space by residents and guests of the facility for walking, exercising and other such activities. JUN FILE. BOARD OF APPEALS ' -2- 6. The Planning Board shall have the authority, pursuant to the definite plan review, site plan review and Special Permit process as set forth in Article 27, to require reasonable changes in the siting of the building for the project. 7. Rogers agrees to continue the operation of Edgewood Farm, on the parcel immediately adjacent to the project site, in the same or substantially the same manner as he presently operates it and not to convert the Farm to another use, without the specific approval of the Planning Board, for a period of eight (8) years from the date of the close of the 1988 Town Meeting. Rogers shall not be obligated to rebuild or replace any building or buildings on Edgewood Farm which may be destroyed by fire or other causes. . 8 . In the purchase and sale agreement between Edgewood and Rogers, Rogers has agreed to give Edgewood a right of first t refusal on the sale of Edgewood Farm as it will be located adjacent to the project site. Edgewood agrees to assign to the Town of North Andover its said right of first refusal, as contained in' said agreement. If the Town exercises the right of first refusal and purchases Edgewood Farm, the deed conveying the • Farm to the Town will contain a permanent restriction that the Farm may be used by the Town only as open space or for a school building site and not for a use such as a town garage, storage building or any other use. The Planning Board will be reasonable and exercise good faith in the administration and implementation of the covenants contained herein. This agreement and the covenants contained herein are conditioned on the passage of Article 27; on the passage of Article 32 as contained in the Town Warrant; on a successful closing conveying the project site to Edgewood; on final approval of all state and municipal agencies ; on the development of a CCRC on the site; and on the fulfillment of the provisions of this agreement. IN WITNESS WHEREOF, Edgewood Lie Care, Inc. and Samuel Stevens Rogers have hereto set their hands and seals this 2nd day of May, 1988 . EDGEWOOD LIFE CARE, INC. B . i Samuel Stevens Rogers L-25WO dile Edfi wewa 11ieme Tools Help Local p_,CORE NAPARCE'l i CORE_NAWATEI�I CORE_NAHISTO 8 r! CORE_NAZONIN' 21081 I 1 21082 210133 i' r 21084 210GB 21011 21012 21013 j s l MIS I III 210PCD I' 210R 1 II 210R2 21083 p' 210R4 210R5 E' a� 210AS 21 UVC s 210VIR � it s Request complete No Active Theme — — - — -- --:_. -- -- _________ —_ �_ ___ inbox-Maosoft Outlook �f - My Documents Agenda 2Q471une 23-,.. 4rc�xplorer-MAP5AR� « 2 32 PM 1. g - ` COVENANTS WHEREAS, EDGEWOOD LIFE CARE, INC. (Edgewood) has entered into an agreement with SAMUEL STEVENS ROGERS (Rogers) for the purchase from Rogers of a 62-acre parcel of land off Osgood and Stevens Street, North Andover, Massachusetts; WHEREAS., the purpose of the prospective purchase is to allow the development of- a Continuing Care Retirement Center (CCRC) on the site if approved by the Annual Town Meeting of the Town of North Andover which. commences on May 21 1988; WHEREAS, in order to develop a CCRC on the site, final approval after Town Meeting will be required by the Town P Board and other municipalencies, g a • lapping WHEREAS, Edgewood and Rogers are willing covenants on the site which e to impose certain � will run with the land; NOW, THEREFORE, Edgewood and Rogers covenant and agree to the following: 1.- Edgewood and Rogers submit to the jurisdiction of the Town and the' Planning Board in the acceptance by the Town and the Planning Board of the covenants contained herein. The Planning Board shall have the authority to implement, monitor and enforce the covenants contained herein, as part of the definitive plan review, site plan review and the Special Permit by the Planning Board in Article 27 in the Town Warrant. 2. Edgewood and Rogers agree that the Planning Board shall act as the agency of the Town in the acceptance and enforcement of the covenants contained herein. 3 . Edgewood and Rogers agree that the Planning Board has the power to exercise its discretion with respect to the covenants contained herein and is empowered to vary the covenants in any contingency not now existing or any contingency which cannot be now foreseen. 4 . Edgewood agrees that there will be no construction n in he Lake Cochichewick Watershed,shed as it has beenres p eptly constituted and defined by the Town. The actual _ Watershed line by a survey conducted by a registered professional engineer. 5. The permanent conservation easement, as required by the provisions of Article 27 and as applied to the Edgewood .project, shall include all common open space and not t merelythe portion the property in the Watershed. P of The conservation' ion ease ment shall permit the use of the open space by residents and guests of the facility for walking, exercising and other such activities. i JUN FILE BOARD OF APPEALS i -2- 6. The Planning Board shall have the authority, pursuant to the definite plan review, site plan review and Special Permit process as set forth in Article 27, to require reasonable changes in the siting of the building for the project. 7 . Rogers agrees to continue the operation of Edgewood Farm, on the parcel immediately adjacent to the project site, in the same or substantially the same manner as he presently operates it and not to convert the Farm to another *use, without the specific approval of the Planning Board, for a period of eight (8) years from the date of the close of the 1988 Town Meeting. Rogers shall not be obligated to rebuild -or replace any building or buildings on Edgewood Farm which may be destroyed by fire or other causes. 8 . In the purchase and sale agreement between Edgewood and k Rogers, Rogers has agreed to give Edgewood a right of first refusal on the sale of Edgewood Farm as it will be located adjacent to the project site. Edgewood agrees to assign to the Town of North Andover its said right of first refusal, as contained in' said agreement. If the Town exercises the right of first refusal and purchases Edgewood Farm, the deed conveying the Farm to the Town will contain a permanent restriction that the Farm may be used by the Town only as open space or for a school building site and not for a use such as a town garage, storage ,. building or any other use. The Planning Board will be reasonable and exercise good faith in the administration and implementation of the covenants contained herein. This agreement and the covenants contained herein are conditioned on the passage of Article 27; on the passage of Article 32 as contained in the Town Warrant; on a successful closing conveying the project site to Edgewood; on final approval of all state and municipal agencies ; on the development of a CCRC on the site; and on the fulfillment of the provisions of this agreement. IN WITNESS WHEREOF, Edgewood Lie Care, Inc. and Samuel Stevens Rogers have hereto set their hands and seals this 2nd day of May, 1988 . EDGEWOOD LIFE CARE, INC. B . i Samuel Stevens Rogers 5/3/2007 Exhibit A- Table of Compliance 575 Osgood Street, North Andover, Massachusetts JOB#6050 Nitsch Engineering ZONING DISTRICT R-2 Reauired Provided Lot Area (s.f.) 43,560 2,713,788 Street Frontage (feet) 100 100+ Front Setback (feet) 150 150 Floor Area Ratio N/A - Building Height (ft)/Stories 35/3 35/3 Side Setbacks (feet) 30 30+ Rear Setback (feet) 30 30+ Lot Coverage (%) N/A - PROPOSED COTTAGES: Largest Proposed Footprint Shown Ground Floor (s.f.) 1,849 Total Square Feet 2,292 Number of Floors 2 Height(feet) 35-2 Stories Type of Construction Wood Frame Use Residential Information for the lot requirements at Edgewood taken from an ALTA/ACSM LAND TITLE SURVEY titled 'Edgewood Retirement Community, Inc. Osgood Street Town of North Andover County of Essex Commonwealth of Massachusetts'dated May 22, 2000 by Merrimack Engineering Services 66 Park Street Andover, MA 01810 and from the Town of North Andover Summary of Dimensional Requirements Table 2 f' FILE D UN 12 2007 I:\6050\Reports\6050-Exhibit A Table of Compliance-2007-05-04.xls BOARD OF APPEALS CCRC Special Permit Requirements Conditions Required Proposed .Project provides: Permissible Density Max 250 Units 246 Units At least 62 acres (4 units/acre) 82 acres Ratio of Independent Dwelling Less than 151/o 11% Units to Total # Units Lot Coverage Less than 25% 6.1% Floor Area Ratio Less than 0.25 0.12 Common Open Space At Least 50% 86% Building Height Less than 150 ft/ 3 stories Cottages= 27'-0" Commons= 35'-0"/2 stories Parking 299 spaces 417 spaces (123 occur in garages) Public Sewer Must be connected Connected Public Safety Fire- Sprinkler ire- Sprinkler D Security- Site Lighting JUN 12 2007 BOARD OF APPEALS IFILE L I N B E C K Memorandum TO: North Andover Planning Board FROM: Stacey Furlong, Linbeck CC: Nitsch Engineering DATE: MAY 29, 2007 RE: EDGEWOOD RETIREMENT COMMUNITY Additional Information for the modification to the CCRC Special Permit: The proposed unit count is as follows: Existing# Units (Congregate Housing)= 219 Proposed#Units (Independent Dwellings)= 27 Total #Units= 246 Land (82 acres) 3,557,808 SF Building Coverage 216,000 SF Paved Coverage 281,000 SF Non-Open Space: 497,000 SF Gross Floor Area= 426,000 Therefore: Common Open Space= 86% Lot Coverage= 6.1% Gross Floor Area Ratio= 0.12 P' ^/��h 1 r7 r �3 NNIN(3 pEPgRTM FILE . D i JUN JUN 12 COU I BOARD : BOARD CA ",SEALS r , EDOEWOOD LZFECARE. SPECIAL PERMIT FOR A CONTINUING CARE RETIREMENT CENTER (CCRC) , AND PLANNED DEVELOPMENT DISTRICT (PDD) - GRANTED UNDER SECTIONS 10. 31 10. 319 11. 3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Board makes the following findings regi,:rrding this Special Permit as required by sections 10. 3, 10. 31, 11 . 3 and 1:.3 of the Zoning Bylawsa 1. The proposed use and site design for this i s lob are appropriate, due to it' s location in Town. 2. Adequate vehicular and pedestrian access into the s►.srr•oundin 9 site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8. 4 of the Zoning Bylaws. 4. The site drainage system is designed in accor^d:.nce with the Town Bylaw requirements. 3. The applicant has met the requirements of the Town frn, Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. S. Adequate and appropriate faci l it ie,?ss will bti? F,srovided for the proper operation of the proposed use. The Planning Board finds under Sections 8. 35, 10. 31 10. ,:31, 11. 3 and 13 (CCRC and RDD) of the Zoning Bylaw that the site plan generally complies with the Town Bylaw requir•er►ients but requires minor conditions in order, to be completely in compliance "Jith Town Bylaws. Finally, the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requirements so long at; the following conditions are complied with. Ther^efot,e, in �_irder to fully comply with the approval necessary to construct the facility as specified in the Special Permit befot-e us, the Planning Board hereby grants a Special Perrnit to the applicant provided the following conditions are meta The project may contain 192 congregate housing units withOU the use of the open space bonUG or, the affot-dable housing bonus. If the project takes advantage of the open spaco k:1o1'lus, then it may contain 221 congregate housing _snits. Page 4 : A copy of a draft decision was di-,,, t.-ibuted to r-lir- - -fi members.. The Board is to review the draft decision and vot ull a t, 'th.e September 21, 1989 meeting . On September 21 , 1989 the Planning Board held a in the Town Hall, Selectmen' s Meeting Room . The follow-i !�q were present: George Perna, Chairman; John Simons , Clerk; Eris ti and Paul Hedstrom. Jack Graham was absent. The Board members added to the dray 11 that all must be obtained prior to issuance of a building permits . J.l 1,.,,1)r p,.-)r a t e d into the decision will be concerns of D . P . W . which ar,-� ZI letter from Bill Hmurciak, D. P . W . Covenants will be attal:l,,0 . Easements granted to the Trustees of the ReservaLi011 . Housekeeping, in the language , was done on Condiil �on�-. 85 , Condition #17, and Condition # 20 . Motion was made by Paul Hedstrom to approve the Si:�ecicll L."erillit drafts for Site Plan Review under Section 6 . 3 ; Section Li , Care Retirement Center; and 11 . 3 , Planned Development Distr,Lcts per discussion and drafts as marked up and directizir4 the Huntress to put in final form as discussed . The motion by Erich Nitzsche and voted unanimously by those piesen'L. A list of those conditions are attached. S e] Ji: , Chairman CC : Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File � � 3 '� � �� � � J 3 � �.� .�� �� ��� � �f o � s ���� �. b o��5 �� a--� s � � �i MoRTM TOWN OF NORTH ANDOVER FINDING 10:°° ZONING BOARD OF APPEALS CH NAME: ADDRESS OF APPEAL: Procedure & Requirements for an Application for a Finding Ten (10) copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty (30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them. The cost of the Party in Interest fee. petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: FINDING APPLICATION FORM: BOARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf, or be Board of Appeals for a Finding. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner, the Board shall decide on the matter by using the information it has otherwise received. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be in Interest. Any appeal of the Boards sent to all Parties Y PP TEP 4: OBTAIN LIST OF PARTIES IN INTEREST: decision may be made pursuant to Massachusetts S dec Y The petitioner requests the Assessor's Office to compile General Law ch. 40A§ 17, within twenty (20) days after a certified list of Parties in Interest(abutters). the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and ten (10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of Deeds, 381 Common St., and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of Clerk's Office, and the 10 Xerox copies will be left with Recording form and forward it to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. iflillllilllillillllliilliiifilliiHllillfiiliiilillttiiiiiiHifii�iUlliiilflii0iiiii�i3@�il�itifitiiiiiiiYiiiiii{ilit1i10Cti11iiililYlliiYiiliiiliifii�iiiiii�i�iii➢3fiiltltlill�itlitiltilliiliilftiiiilif1111 IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 400 Osgood Street 120 Main Street North Andover, MA 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 Page 3: The Planning Board held a re,1-P-l1,-=Lr ii,,eet.illq rjii the Town Hall, Library/Conference Room . 'file toll.cIwillq present: George Perna, Chairman; Erich Nitzsche , Jar:), L`aul Hedstrom Erich Nitzsche read a letter troin chris Elias. Clifford Elias stated that the Planning Board visit,2d the •ito on July 29, 1989 as well as the office to see a scale mt),-Iel proposed project. Mr. Elias stated that the Special Permit, has been filed and the Form A Plan will be tiled on August 11 , 1989 . Members of the Planning Board expressed t,11e following: 1. Screening of parking 2. safety of intersection 3. traffic A discussion took place between nienibers of Litfi, 1,.il"1 lI n i I liq Board oil setting up workshops . Some members expressed the heed for11-ii,am , others did not see the need. George Perna went over a letter from Clioate , liLli-L attorneys for abutters, on issues arid whether they were r,21,ttive tc planning or not, that letter is available in the I4 10 I A motion was made by Paul fled.strom to colitillile t-110 I.i].` hearing until August 24, 1989 and direct file lie plariii-r t.,) 6.1:--1; ! J. decision. The motion was seconded by Jack Graham and voted by those present. On August 24, 1989 the Planninq i3clard held in the Town Hall , Library/Conference Room. The to11o,,-iiI-lq present: George Perna, Chairman; John Simoiis , Jack Graham. Abutters expressed concerns wiLli A discussion took place on drainaeie . li.t!t ojA- will incorporate all off site flow to the- iw�) yo�:ctr, L' V I I t, discussed were: the common driveway access to the farin b,�i security issues; agreements with trustees . A motion was made by John Simons 1-0 CIO-Se the ))LO) 11,..' take the matter under advisement. The motion was s,21-,C)110-110 1-cy, J.-,'r }t Nitzsche and voted unanimously by those pieselit. On September 7 , 1989 the Planning Lig aid flel.1-1, ;I in the Town Hall Selectmen ' s Ifeetinci Room . The tollowill'. present: George Perna, Chairman; John simoll-s , Jack Graham and Paul Hedstrom were r. f Page 2 : Mr. Elias asked that the BOard visit ttr,2i.— Street where a model of the proposed is being displayd . The major` difference in this :_application Prem• the p ,-�lirnillary plans is the location of the access road . 'There will be town water and town sewer by the developer. Sixteen acres of the (:`'_'Q1�0v� c! pro je(-- t, will be disturbed. A new traffic study has been done with minim al irnpa<, t. The proposed will be done in two phases : 1 . health center and ds-iell:inct units 2. lasttwo building nearest the lake , t-}:— the auditorium. The cost per unit will be around 191, 00k) tirich �u -;rrr,.lrly maintenance fees from $900 to $1400. Some of the parking will be underground, 1 .32 spat :_iiad Pi spaces above ground for a total of 368 parking spaces . un(� hundred seventy five ( 175 ) people have signed up already with :=iat.y prercerrt ( 60% ) North Andover residents. Mr Elias presented the Hoard with samples ,of agreements. Chris Huntress spoke on the circulation ot. the Erich Nitzsche stated that a workshop would be appropriate on the proposed project. Erich suggested a site walk to vier the The Board will meet on Saturday, July 29 , 1989 at 8 : 00 a . m . at io( o Osgood Street. John Simons commented on looking at the s%:a1�, conjunction with the massing . Paul Hedstrom asked if a or ;n A •E,1,:_1n existed, was it a legal lot of record . ISr . Elias ' Y — George Perna asked for public input_. Erich WedliriLic:_ , :.attorney representing the Rockwell ' s, gave the Bo<rrd a letter on i . his client wanted addressed: 1 . access issues to be addressed as a s _r 2 . drainage 3. public utilities for abutting owner. -: 4. emergency access to be maintained 5. landscaping and screeninq to Mr Wodlinger asked that the concerns be made part. of the conditions. George Perna questioned why the acre:-•s ro,.rd Elias stated that there were two reasons for the -<,• •„r: _ >::;a }: r incl r;r �vl : 1 . conservation 2 . safety Attorney Arthur Hughes, expressed concerns similar to those expr i ed `)y 1:!_ i. - 0! attorney for the Rockwell ' s . A motion was made by Paul tie .l _tro.m t0 rr .. ,: ; t:: i•,, i hearing until August 10, 1989 and ,.,t up o seconded by Jack Graham And vnti-ri I--- •...•,• •.. . .. "Oar" OFFICES OF: Town"Qf ` _ 120 Main Street BUILDING "�� NORTH A Nortli Andover ND CONSERVATION Massachusetts 01845 HEALTH �e'QXuDIVISION OF (508)682-6483 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Mr. Daniel Long, Town Clerk Town Hall 120. Main Street North Andover, MA 01845 t ion t.' l'1t111L1:1nf-i +.�:a'- : Section 1 . :'. , ]'1•_i.IlilE:Cl Dear Mr. Long: The North Andover Planninq 131,: rd held {.1 t:>t.;i? .l.i.c: it ,3u !y 27 , 1989 in the Town Hall, Library/Confer,-tncu of Samuel S . Rogers and Edgewood Lite Care , 1 Jaizrl �r}n Andover, MA. The hearing was duly advert.isFrd in i-l;e Citizen on July 6 and 'July 13 , 1981-4 awl illi t?.ar r:ie ! i :; r •> notified. The following` members were present I-tn.cl Chairman; John Simons, Clerk; Erich b!itzsr_!le , Hedstrom. The petitioner is requesting 1!c r!iii Section 10. 31; Section 11. 3 and Section 13 {:f tyle ^in f.l1 ;, . -inin.q Bylaw as they relate to a Continuinq Care 8. 3, Site Plans Review.. The purpose of the i.he construct a building 125 , 812 sq . ft. , Oire,, ! s } !: , !.! 1.,;q units , 45 bed long term nursing f.acJ 1 ty f;i Retirement Center on 62 . 29 acres , more Osgood Street in a Residential-1 ( R--1 ) and Z r:i1) District and Watershed Overlay District. John Simons read the legal not..ice=: tr_1 f�veri f-11" I.:)t ) ! t;r a r.111q^ on the special permits,. John S imoii,: :t.:+te2r.i letters and other correspondence in the L2- ie f .:r George Perna asked Chris Hund. f s; , t,.l c or: ttl :; !: r,11 application. Chris stated that the apt:,lif-ant Technical Review Committee and that Clifford Elias, representin•t .._f ,• '' Care , presented the Board with t.wo leaf book, called the Information Dook ; 21 rare, T :.ric! tt: t r official records of this application . TIIi , lsr. ,.:xf.l TOWN O F NOR ' A D O T E R NOR) iz j• :;;�lF,il e RA S S A C H U S E T T S OCT 30 NORTH O � Any appeal shall be filed 'sSAIt within (20) days after the date of filing of this Notice NOTICE OF DECISION in the Office of the Town` --T, Clerk. Date October 5,. 1989. . . . . . . . . . . . . . Date of Hearing September.21, 1989 Petition of Samuel S Rogers and Edgewood Life Care Inc. . . . . . . . . .: .. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . ,East,side.of Osgood Street _ _ s 6 Iq 13 enter AL . . . . . . . .. . .. . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally toAppsove ° . . . . .. . °the . Special.Pezaits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the following conditions : cc: Director of Public Works Signed Board of Public Works Highway Surveyor Geor a Perna Jr. Chairman . �. . . . �. . . . �. . . . � o Building Inspector . . . . . . . . . . . F Board of Health L John Simons. Clerk ZConservation COmmission " " " " " " " " " ' " " y FR Assessors Erich Nitzsche o Police Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N N Fire Chief Paul Hedstrom C= Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTR Engineer federal agency. The applicant may choose to meet affordable housing requirements directly by utilizing similar income and assets standards and establishing rents, sales prices or entry feed for units which are determined to be generally consistent with those established under the various subsidy programs. For this purpose, the Planning Board in consultation with the Housing Authority, any establish rent, carrying charge, maintenance fee, sales price or entry fee in order to meet the requirements for affordable housing. Such units shall be maintained as affordable housing units for the life of the CCRC development. In the event that the applicant is unable to meet its obligations in the manner prescribed above, or as an alternative program, the Planning Board may allow the applicant to contribute funds, in lieu of housing units, to the: Town, Housing Authority or any public or non-profit agency which is authorized to develop or support affordable housing for the elderly. The rate of contribution shall be two (2) dollars per square foot of gross floor area of all buildings and structures exclusive of pools and parking. The granting of this density bonus shall not exempt the applicant from meeting any of the other requirements of this or other referenced section of the Bylaw. b. Open Space. The total number of allowable dwelling units may be increased by 15% if the proposed CCRC provides 75%usable open space consistent with the definition of open space in this section. The granting of this bonus density shall not exempt the applicant from meeting any of the other requirements of this or other referenced sections of the Bylaw. 13.7 Approval a. Facilities proposed to be built in a CCRC shall be subject to the following procedures: 1. The applicant shall be required to meet with the Planning Board to discuss the provisions of Section 13 and other referenced Sections, the elements of the proposed development and the requirements and specific provisions of the preliminary site plan to the Planning Board for its review and recommendations. 2. The applicant will be required to submit a "Definitive Plan" in accordance with the applicable provisions of Section 11.3. The Planning Board may issue a special permit if is determines that(, all of the applicable requirements for the CCRC have been met and the definitive plan is generally consistent with the preliminary site plan. b. Relationship to Subdivision Regulations. The requirements of the special permit in no way or manner release the applicant from the requirements of the Subdivision Regulations of the North Andover Planning Board. c. Density Bonus Limitations. The use of all density bonuses provided herein may not exceed 50%. 125 2. Minimum Frontage. Frontage on any public street or way shall be one hundred fifty(150) feet, except on Route 114 where for reasons of public safety, the minimum frontage shall be two hundred fifty(250 feet). 3. Maximum Heim The height of any structure shall not exceed three (3) stories and in no event more than thirty-five(35) feet, excluding bulkheads, chimneys, flagpoles, mechanical penthouses, and similar traditional roof appurtenances. Further, the Planning Board may exempt ornamental or non-habitable architectural features added for aesthetic purposes. e. Common Open Space. Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or service areas which is not set aside as private yards, patios or gardens for residents shall be Common Open Space. Further, all Common Open Space shall be open and unobstructed to the sky; flagpoles, sculptures, benches, swimming pools, tennis courts, atriums, trees and similar objects shall not be considered obstructions. The area of Common Open Space shall equal at least fifty(50)percent of the total area of the CCRC parcel or lot and no more than twenty-five(25) percent of the minimum required Common Open Space shall be situated within wetlands. The Common Open Space shall have a shape, dimension, character and location suitable to enable its enjoyment and use for conservation, recreation and agriculture purposes by the residents of the CCRC. Further a permanent conservation restriction of the type described in MGL Chapter 184, Section 31, (including future amendments thereto and corresponding provisions in future laws) running to or enforceable by the Town shall be recorded in respects to the Common Open Space. Such restrictions shall provide that the common open space shall be retained in perpetuity for one or more of the following uses: conservation, recreations or agriculture. Such restriction shall be in a form and substance as the Planning Board shall prescribe including the management of said conservation restriction by the Town Conservation Commission, Trustees of Reservations, Essex County Greenbelt Association or other agency or body, all as subject to the approval of the Planning Board. f. Parkin. The minimum number of parking spaces provide in connection with the uses permitted under this section shall be as follows: 1. Nursing Care Facility. One parking space for every sleeping room for single or double occupancy. 2. Congregate Housing, Assisted Housing and Independent Dwelling Units. One parking space for each unit. The Planning Board shall have the discretion to waive the applicant's compliance with these parking requirements provided that the applicant's plans demonstrate the capacity to fully comply with all other requirements of Section 13. g. Public Safety. The Planning Board shall require all CCRC applications to include statements, drawings and/or plans indicating that all applicable public safety(including fire safety and suppression devices) have been provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, applicants are advised to incorporate sprinkler systems in accordance with provisions of the National Fire Protection Association (NFPA 13D). h. Public Sewer. All CCRC projects shall be connected to the public sewer system. The North Andover Department of Public Works shall review all proposed sewering plans and report as to their adequacy to the Planning Board. 13.6 Bonuses a. Affordable Housing. For all CCRC's the total number of allowable dwelling units may be increased up to 50%, if the applicant designates at least 10% of the total number of units for uses as affordable housing units. Such units may be rented, sold or otherwise provided to elderly persons qualified to receive federal or state rental assistance or subsidies for reducing mortgage payments in accordance with income and assets limitations established by the authorizing state or 124 13.4 Permitted Uses A. Principal uses. The following uses shall be permitted in a CCRC: 1. Nursing care facilities; 2. Congregate housing units; } 3. Independent dwelling units; ^� 4. Assisted living units; 5. Home health care; 6. Facilities for supportive services, including, but not limited to medical, rehabilitative, recreational, social and nutritional programs, dining and function rooms, kitchens facilities and laundry facilities. These and others shall be designed for the primary use of residents. Such supportive services may not be designed or used as a general business for the larger community of North Andover and environs. 7. Any other use deemed reasonably necessary or ancillary by the Planning Board to facilitate the uses described above, meaning and intending to permit those services and programs customarily offered in CCRC. 13.5 Standards and Restrictions a. Minimum Lot Size. A CCRC shall be permitted only within a single lot containing a total area of not less than twenty-five(25) acres. Existing public or private ways need not constitute boundaries of the lot, but the area within such ways shall not be counted in determining minimum lot size. As used in Section 13, parcel and lot shall have the same meaning. b. Permissible Density. Unless in compliance with the bonus density provisions of subsection 6., the dwelling unit density shall not exceed an average of four(4)units per acre in a parcel which is located within the Residential-2 District and five(5)units per acre in a parcel which is located within the Village Residential District exclusive of the nursing care facility. When a parcel is located in a combined portion of either the Residential-2 and Residential-1 or the Village Residential and Residential-1 Districts, a density factor of 2 units per acre shall be applicable to the portion in the Residential-1 District. However, in no instance shall any development such as the construction of buildings, roads and parking lots be permitted in the Residential-1 District nor shall any development in Residential-2 or Village Residential District adversely impact the Residential-1 District. For parcels which are located in a combined portion of the Residential-2 and Village Residential Districts, the permissible density for each District shall be applicable. Also, in no event shall the total number of independent dwelling units exceed fifteen (15) percent of the total number of dwelling units otherwise allowed in any CCRC parcel. Further, in no instance shall the Floor Area ration of the entire project exceed 0.25, nor shall the total number of dwelling units exceed 250 for any parcel regardless of total acreage or density bonuses provided under paragraph 6. c. Maximum Lot Coverage. In no event shall the maximum lot coverage of buildings and structures exceed twenty-five(25) percent. d. Dimensional Requirements. 1. Perimeter Setback. The setback area is intended to provide a perimeter greenbelt around the CCRC except for road and utility crossings. No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement. A perimeter landscaping plan shall be submitted to the Planning Board for its approval provided that nothing shall prevent the construction of walls and fences. The Planning Board may authorize or require landscaping + in the Residential-1 District if it is consistent with the objective of screening the CCRC from , existing or potential residential development. i 123 SECTION 13 CONTINUING CARE RETIREMENT CENTER 13.1 Establishment There is established a Continuing Care Retirement Center(CCRC) as a permitted use under the Special Permit provision of this Bylaw. Such permitted use may only be authorized in existing Residence 2 and Village Residential Districts. A CCRC parcel may include an adjoining parcel of land which is in the Residential-1 District, providing that no development shall be permitted in the Residential-1 portion. The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section. A CCRC shall include a nursing home care facility and congregate housing units and may also include independent dwelling units and assisted living units. A CCRC may also only include any or all of the foregoing housing types provided it is affiliated with a nursing home. 13.2 Purpose The purpose of the CCRC is to provide for the development and use of specialized housing and nursing care for the elderly on the basis of the Planning Board to issue a Special Permit in the permitted District (2) with greater flexibility from the pattern otherwise permitted in such districts. It is intended to create health care, including home health care, housing and other supportive services designed to meet the needs of the elderly population and to enable that population to live independently. It is further intended to encourage the preservation of open spaces; to allow for new nursing care facilities and housing that causes relatively little demand on Town services; and to preserve the Town's residential character. In creating an alternative to existing nursing and housing possibilities for the elderly, the CCRC is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted thereby allowing for the nursing care of the elderly and the relief of the physical, economic and emotional stress associated with the maintenance and care of traditional nursing home and residential properties. 13.3 Definitions a. Nursing Care Facility. A facility for the care of elderly persons requiring regular attention by medical or nursing personnel for reasons of age, ill health or physical incapacity and which has been licensed as a long-term care facility by the Massachusetts Department of Public Health. b. Congregate Housing Units. Dwelling units providing private or communal living for elderly persons who ordinarily are ambulatory and require no or limited medical attention or supervision. Such dwelling units shall consist of a room or group of rooms forming a habitable unit for one, two,or three persons, with facilities used, or intended to be used, for living,bathing, cooking, eating and sleeping. c. Independent Dwelling Units. Dwelling units similar in character and use to congregate housing units and providing elderly residents of such units with access to all supportive services provided in congregate housing units. Independent dwelling units may only consist of free-standing buildings which contain up to five(5) dwelling units per structure. d. Assisted Living Units. Dwelling units for elderly individuals or couples in need of assistance with activities of daily living. Such dwelling units may not include facilities for cooking or eating. e. Elderly. A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older. f. Wetlands. Any area within a parcel of land in a CCRC falling within the definition contained in Chapter 131 of the General Laws of Massachusetts as amended from time to time, or any regulations promulgated pursuant to said chapter. g. Home Health Care. Medical and therapeutic services provided to residents in their dwelling units. l 122 I`