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TOWN OF NORTH ANDOVER NORTH4�IDO tR
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Any appeal shall be filed
,SSACMUSES
within (20) days after the
date of filing of thie Notice
NOTICE OF DECISION
in the Office of the Town
Clerk.
December 28, 1994
Date. . . . . . . . . . .
'�ecember'b; 'i99�'
December 21, 1994
Date of Hearing
Petition of . Greenery. Extended. Care. Center . , , , . , . , , . . . .
Premises affected . . 59-51. Park street .
Referring to the above petition for a special permit from the requirements
North,Andover, Zoning. Bylaw . Section. 8:3.Site. Plan.Review
of the . . . . . . . _ .
so as to pMmik ..review. the. proposed. psage. pf. pff�pp. .ppape. and. stsoraug. vn. . . . .
property located at 59-61 Park Street
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
ACCEPT WITHDRAWAL WITHOUT PREJUDICE
to . . . . . . . . . . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions :
cc: Director of Public Works Signe
Building Inspector
Conservation JosephVice Chairman
Health
Richard Rowen, Clerk
Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Chief
John Simons
Fire Chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Applicant
Alison Lescarbeau
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
File
Interested Parties . . . . . .planning. . Board. .
r
MONTH
KAREN H.P.NELSON o?' Town of 120 Main Street, 01845
n
Director NORTH ANDOVER (508) 682-6483
./ BUILDING '..... 4y
CONSERVATION ,ss,CMU9�4 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
December 28, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Site Plan Review - The
Greenery 59-61 Park
Street
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on
December 6, 1994 in the Senior Center behind the Town Building on
the application of The Greenery Extended Care Center, 75 Park
Street, North Andover, MA. , requesting Site Plan approval under
Section 8 . 3 of the North Andover Zoning Bylaw. The legal notice
was properly advertised in the North Andover Citizen and all
parties of interest were duly notified. The following members were
present: Richard Nardella, Chairman, Joseph Mahoney, Vice
Chairman, Richard Rowen, Clerk and John Simons.
Mr. Rowen read the legal notice to open the public hearing.
Ms. Colwell gave the Board an overview of the original permit
and specific prohibition against use of the residential building as
an office.
Mr. Thomas Long, Administrator of the Greenery, stated that
the issue is use of the duplex building.
Mr. Nardella stated that the Planning Board representations to
the neighborhood were that this use would not expand, not willing
to entertain expansion unless there is a critical need.
Mr. Long would not operate client services out of this
building, would use it for secretarial staff. Did meet with the
neighbors on this issue.
Mr. Rowen stated that unless 100% of the neighbors are in
support, he would not be in favor.
Mr. Simons stated that the decision specifically states that
the building is not to be used for office space, it is an
incremental increase of a non-conforming use.
h
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The Greenery
Mr. Mahoney is not inclined to change decision, Mr. Long had
knowledge of space limitations when he purchased the company.
Mr. Nardella suggests a meeting with the abutters but unless
there was 100% support for the expansion he would not be in favor
of it.
Walter Mahoney, Vice President of Operations, resident of
North Andover, have 40 residents all from North Andover.
Regulations have changed, records need to be kept now that were not
required previously, asset to the community in that it is
maintaining the site, do have a problem with space.
Mr. Nardella sympathetic to business storage issues but
believes there are ways to address issue. Planning Board is
unanimous in its feelings on this issue. If there is agreement
with the neighborhood he would suggest coming back to the Planning
Board then.
Mr. David McHale, Pleasant Street, expressed concerns with
problems with traffic, lights and noise.
Mr. Larry Murray, 60 Park Street, would like the Planning
Board to vote on the issue tonight, would like to express
disagreement with the expansion, direct abutters to the project,
want to keep Park Street a residential neighborhood.
Mr. Nardella stated that the applicant may choose to continue
the public hearing to work things out with the neighbors or
withdraw.
Mr. Rowen stated that the burden was on the Greenery to show
that modification is a good thing for the neighborhood.
Mr. Murray stated that it would be an additional burden on the
neighbors to continue to come to additional meetings.
Mr. Long asked what should the Greenery should come back with
on December 20th. Mr. Nardella told him to talk with the abutters
or look into other storage ideas.
Mr. McHale reiterated the burden on the neighbors to continue
to come to meetings.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the
Planning Board continued the public hearing to December 20, 1994 .
On December 20, 1994 , the Planning Board held a regular
meeting. The following members were present: Joseph Mahoney, Vice
Chairman, Richard Rowen, Clerk, John Simons and Alison Lescarbeau.
tl
Page 3 :
The Greenery
1994 .This public hearing was a continued hearing from December 6,
A letter was read from the Greenery requesting withdrawal
without prejudice.
On a motion by Mr. Simons, seconded by Mr. Rowen, the Planning
Board voted to accept the withdrawal without prejudice.
Sincerely,
North Andover Planning Board
,Joseph V. Mahoney, Vice dhairman
cc: Director of Public Works
Building Inspector
Conservation
Health
Assessors
Police Chief
'Fire Chief
Applicant
Engineer
File
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� 'll=i_ !
TOWN OF NORTH ANDOVER
MASSACHUSETTS'{
SEP 13 2 2 P 191
0t NORTIy
Any appeal shall be filed p
+ s
days after the
within (20) _ °,.._�.�_:�,>•°.
date of filing of this Notice
,SSACNUSE�4
in the Office of the Town
Clerk. NOTICE OF DECISION
Date, September 29, .1992
August •18, 1992
Date of Hearing , ,September. 1 1992
September *1.5.,. 1.992
Petition of , ,SLS.I o Roration.& .Health.and .Rehabilitation .ProRerties ,Trust . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected „75.Park.Street, .59�61 .Park.Street: .290,osgood,Street. . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the , ,North .Andover .Zoning .Bylaw. .Section.8.3 _ .- .Site ,Plan.Review. . . . . . ,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
so as to permit/,review.the,proposed.�arking•area.to.serve,existing.nursing,home.
. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPROVES. . . . . . . .the . . . .SITE,PLAN.UVUV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
cc• Director of Public Works based upon the following conditions:
Building Inspector
Health Agent/Administrator ;
Conservation Administrator
Assessors Signed
Police Chief
Fire Chief Joseph atjoijey, , , , , , , , , , , , , , , ,
Applicant
Engineer j hTj ,D,raper , , , , , , , , , , , , , , , , , , , ,
File
Interested Parties Atgh-Ird AAr.dgUeL . . . . . . . . . . . .. . .
.R��hard .Ro��n . . . . . . . . . . . . . . . . . .
• ' • ' ' • • 'planning' " B oard. . . . " . . "
SIX CORPORATION
75 PARR STREET
NORTH ANDOVER, MA
AND
HEALTH AND REHABILITATION PROPERTIES TRUST
400 CENTRE STREET
NEWTON, MA
SITE PLAN REVIEW APPROVAL
SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW.
FINDINGS OF FACT:
The Planning Board makes the following findings regarding this
Site Plan Review application as required by Section 8.3 of the
Zoning Bylaw:
1. The proposed use and site design for this lot are
appropriate, due to its location in Town.
2 . Adequate vehicular and pedestrian access into the
surrounding site has been provided.
3 . The landscape design plan as shown and revised, meets
the requirements of Section 8.4 of the Zoning Bylaw.
4. The applicant has met the requirements of the Town for
Site Plan Review as stated in Section 8.3 of the Zoning
Bylaw.
5. Adequate and appropriate facilities will be provided
for the proposed use.
Subsequently, the North Andover Planning Board finds that this
proposal generally complies with the Town of North Andover Zoning
Bylaw requirements. -as listed in Section 8.35 but requires
additional conditions in order to be in compliance. Therefore,
in order to fully comply with the approval necessary to construct
the parking lot and modify the existing facility as specified
before us, the Planning Board hereby grants approval to the
applicant provided the following conditions are met.
CONDITIONS OF APPROVAL:
1. Prior to obtaining a Demolition or Moving Permit for the
dwelling at 290 Osgood Street the 'following items shall be
addressed to .the satisfaction of the Planning Board:
a. This decision shall be recorded at the Northern Essex
Registry of Deeds and a recorded copy delivered to the
Planning Office.
b. If dwelling is to be relocated all necessary permits
shall be obtained from the Massachusetts Department of
Public Works, District 5.
C. This site shall have received all necessary permits and
approvals from the North Andover Board of Selectmen (if
moving the dwelling) , the Building Inspector, the
Division of Public Works, and any utility companies
(Telephone, Electric, Cable, Gas) .
d. If the dwelling is demolished, the applicant must
obtain permits from Fire/Building Departments.
2 . All proposed landscaping is to be completed in accordance
with the plan and approved by the Town Planner in the field.
Proposed landscaping must be augmented in the following
areas:
a. At the rear of the Randone property
b. Abutting the Pizbysz property
c. Along the perimeter of the parking lot as required
by the Town Planner to assure adequate screening.
3. The site for the parking area shall be reviewed by the
Planning Board when completed. Any additional landscaping as
may be reasonably required shall be added at the owners
expense.
4. All landscaping incorporated into this decision must be
replaced if it dies within 12 months of planting. A
security bond in the amount of $5, 000 will be retained by
the Planning Board for the 12 month period to ensure
compliance with the required landscaping.
5. The applicant, in conjunction with the Town Planner, shall
mark large trees that should be saved in the area of the
proposed sitting/walking area prior to commence of work in
the area.
6. The Town shall hire a registered arborist, paid for at the
applicant's expense, to monitor construction of the lot to
ensure that the large trees on Town property are not
disturbed. Maximum fees shall not exceed $2, 000.
7 . Prior to paving the proposed parking, the Planning Board
reserves the right to re-evaluate the proposed screening
near the Randone property and may require the elimination of
not more than two parking spaces to create a more densely
landscaped buffer. '
8. All lighting in the parking lot shall be downcast in
accordance with Town standards and shall not project into
adjacent properties.
9. The applicant shall provide for:
a. an appropriate speed bump in the lot as shown on the
site plan.
b. a stop sign in the lot as .shown on the site plan.
10. All proposed plan changes set forth in the applicant's
letter dated September 9, 1992 are hereby incorporated into
the site plan.
11. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
12 . The provisions of this approval shall apply to and be
binding upon the applicant, its employees and all successors
and assigns in interest or control.
The following plans shall be deemed as part of this decision:
Plans entitled: Proposed Site Plan Parking Lot Addition
Greenery Extended Care Center
Osgood Street
North Andover, MA
Sheets: SP-1
Scale: 1" - 20"
Dated: July 24, 1992; revised 8-18,8-26,9-4
Prepared By: Richard F. Kaminski & Associates, Inc.
360 Merrimack Street
Lawrence, MA 01843
(508) 687-1483
c Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation Administrator
Assessors
Police Chief
Fire Chief >
Applicant
Engineer
File '