HomeMy WebLinkAboutMiscellaneous - 75 PARK STREET 4/30/2018 (3)Y
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TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
'm n rr T r+ Tr
... May..15 , .......19.9 2
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Budding, North Andover, on .. Tuesday .. .
evening ....... the .9th. day of .. June ............... .
19.9 2 , at . 7 3 ®'clock, to all parties interested in the appeal of
New. Stevens. Hall.. Inc ,.............................
A.. 9
�mBsti�cgi�tofc�.as. a .Party.......
f Lvzxwxm&*m ..for. a .review. of. .a.decision made
.by . the• Building. •I.nspector. which. determines - tha•t the
.existing .use. of. P.r.emises. requires. a .Special. Permit.
......................................................
on the premises, located at.. 75. Park. Street ..............
.....................................................
By Order of the Board of Appeals
Frank Serio, Jr., Chairman
Publish in the N. Andover Citizen on May 27 and June 3, 1992
LEGAL NOTICE
BOARD OF APPEALS
NOTICE
May 15, 1992
Notice is hereby given that the Board of Appeals
will give a hearing at the Town Building, North
Andover, on Tuesday evening the 9th day of June
1992, at 7:30 o'clock, to all parties interested in the
appeal of New Stevens Hall Inc. as a Party
Aggrieved for a review of a decision made by the
Building Inspector which determines that the exist-
ing use of Premises requires a Special Permit on
the premises, located at 75 Park Street
By Order of the Board of Appeals
Frank Serio, Jr.. Chairman
NAC: 5127 & 6/3/92
LEGAL NOTICE
BOARD OF APPEALS
NOTICE
May 15, 1992
Notice is hereby given that the Board of Appeals
will give a hearing at the Town Building, North
Andover, on Tuesday evening the 9th day of June
1992, at 7:30 o'clock, to all parties interested in the
appeal of New Stevens Hall Inc. as a Party
Aggrieved for a review of a decision made by the 1
Building Inspector which determines that the exist-
ing use of Premises requires a Special Permit on
the premises, located at 75 Park Street.
i By Order of the Board of Appeals
Frank Serio, Jr., Chairman
NAC: 5/27 & 6/3/92
Office Use Or>
01 4t (910mmonl ata of :ffiassaounPfts Permit No.
lepartment of Public OT&4 Occupancy & Fee Checked
/ BOARD OF FIRE PREVENTION REGULATIONS 527 CMR 12:00 (leave blank)
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
All work to be performed in accordance with the Massachusetts Electrical Code;,527 CMR 12:00
(PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date ---
c-f
or Town of NORTH ANDOVER To the Insp ctor of Wires:
The udersigned applies for a permit to perform the electrical work described below.
Location (Street & Number)
Owner or Tenant
Owner's Address
Is this permit in conjunction with a building permit:
Purpose of Building
Existing Service _
New Service _
Amps _J Volts
Amps Voits
Number of Feeders and Ampacity
Location and Nature of Proposed I
Yes K No ❑
(Check Appropriate Box)
Utility Authorization No
Overhead ❑ Undgrnd ❑
Overhead ❑ Undgrnd ❑
No. of Meters
No. of Meters
OTHER:
INSURANCE COVERAGE: Pursuant to the requirements of Massachusetts general Laws
I have a current Liability Insurance Policy including Commetec Operations Coverage or its substantial equivalent. YES < NO = I
have submitted valid proof of same to the Office. YES pie, NO = If you have checked YES, please indicate the type of coverage by
checking the appropriate box.
INSURANCE 6 BOND -- OTHER = (Please Spec:ty)
(Expiration Oate1
Estimated Value of Electrical Work S
Work to Start Insoection Date Recuested: Rauch Final
Signed under the Penaities of erjury:
FIRM NAME LIC. NO.
Licensee Signature LIC. NO.
Bus. Tel. No. S� ` !E2�
Address ,/tom Alt. Tel. No.
aAl
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its substantial equivalent as re-
quired by Massachusetts General Laws. and that my signature on :his permit aopiication waives this requirement. Owner Agent
(Please check one)
Teieonone No. PERMIT FEE S
30 (Signature of Owner or Agent) x-6565
TO
No.
of Lighting Outlets I
No. of Hot Tubs
I
No. of Transformers KVA
No.
of Lighting Fixtures I
Swimming Pool Above—
grnd.
1n-
gmd. _ (
Generators KVA
No. of Emergency Lighting
No.
of Receptacle Outlets
No. of Oil Burners
Battery Units
No.
of Switch Outlets
No. of Gas Burners
FIRE ALARMS No. of Zones
No. of Detection and
Totai
No.
of es Ran
9
No. of Air Cond.
tons
initiating Devices
No. of Sounding Devices
No. of Self Contained
Heat Total Totai
No. of Disposals I No.of Pumps Tons KW
i
No.
of Dishwashers I
Soace/Area Heating
KW
Detection/Sounding Devices
Local Municipal r Other
L_, Connection L�
No. of Dryers
ry
Heating Devices KW
No. of No. of
Low Voltage
No.
of Water Heaters KW
I Signs Ballasts
Wiring
No.
Hydro Massage Tubs
! No. of Motors Total HP
OTHER:
INSURANCE COVERAGE: Pursuant to the requirements of Massachusetts general Laws
I have a current Liability Insurance Policy including Commetec Operations Coverage or its substantial equivalent. YES < NO = I
have submitted valid proof of same to the Office. YES pie, NO = If you have checked YES, please indicate the type of coverage by
checking the appropriate box.
INSURANCE 6 BOND -- OTHER = (Please Spec:ty)
(Expiration Oate1
Estimated Value of Electrical Work S
Work to Start Insoection Date Recuested: Rauch Final
Signed under the Penaities of erjury:
FIRM NAME LIC. NO.
Licensee Signature LIC. NO.
Bus. Tel. No. S� ` !E2�
Address ,/tom Alt. Tel. No.
aAl
OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the insurance coverage or its substantial equivalent as re-
quired by Massachusetts General Laws. and that my signature on :his permit aopiication waives this requirement. Owner Agent
(Please check one)
Teieonone No. PERMIT FEE S
30 (Signature of Owner or Agent) x-6565
., Date ...............................
TOWN OF NORTH ANDOVER
0L
p PERMIT FOR WIRING
t
This certifies that ......:/ xxz rt.... .......(..? . ..<.. ...............................
has permission to perform .........•.c?...c..r::. r ..?.:�f...... .......................
wiring in the building of ........ `... r...:€ .. . r.l. r .......................................
at ................7..r......., J � I� t.....5 ............... , North Andover, Mass.
Fee. ....t.. Lic.No.................................................................
ELECTRICALINSPECTOR
30
WHITE: Applicant CANARY: Building Dept. PINK: Treasurer GOLD: File
r, L.ne Off ice of the Town
7
• APR/LM
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
DAPiI"! :,HC
TO W';
OEC { 5 1125 92
Date ..December , I. , .19.9.2 .......
Petition No. ..... Q24-92.......... .
June 9, 1992
Date of Hearing..August..1.1, .1992.
October 13, 1992
Petition of ...NPW. Stev.ens.HaII,..Iuc..................................December 8, 1992
Premises affected ....75..Fark. Street ................................................... .
as a Party Aggrieved
Referring to the above petition M4191M for. a. review. .
.of .a . decision. made. .by. the. Building. .Inspector. which. de.tezmined. that . the. sxisting
use.. requires. a .Special. Kermit. ........................................ .
After a public hearing given on the above date, the Board of Appeals voted to ............
ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE.
.....................................
Signed /�
Wi�liam ivan, Vice-chairman
...........................................
Reymond Vivenzio
.......................................
Louis Rissin
John Pallone
.................................
�t. Board of Appeals
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A S PhABI�IBG BDA80
TOWN OF NORTH ANDOVER
MASSACHUSETTS
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,$3 CMUSES
NOTICE OF DECISION
^`� .�
u U i ,K
SEP 29 2 52 PP T ..
Date, September 29, 1992
August f49i
Se tember 1, 1992
Date of Hearing ' September 15�, 1992
Petition of . ,S oration .& .Health .and .Rehabilitation .ProRerties ,Trust ...
... ... ....... . ...... ... .............. ... .. .. ..
Premises affected „ ?S.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 .Section .8.3 .. ,Site •Plan •Review .... • • . +
....... ..... ... ... .... .... ......
so as to permit/,review. the .oposedpr.parking•area.to .serve.existing.nursing,home.
...... ... . ... .... .... .. .... ..
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPR0VES........ the .... *ITE.P?..?-UUT4....................................
cc • Director of Public Works based upon the following conditions:
Building Inspector
Health Agent/Administrator ,
Conservation Administrator
Assessors Signed
Police Chief
Fire Chief Jgsept}iqllqtlqy,,,,,,,,,,,,,,,
Applicant
Engineer,ghij,D,rapgr,,,,,,,,,,,,,,,,,,,,,
File
Interested Parties .R�gllard .HardeljLq ...............
.Ri.ghard.FQxen..................
^'.'..planning Board........
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
t MpRTM 1
j0'�;.ao ,•� do
F
P
,SSACMUSE<
NOTICE OF DECISION
SEP 29 2 IS2 N "9Z
Date, September 29, 1992
August �18, 1992
Date of Hearing , SePtember, 1. _ 1992
September 15, 1992
Petition of , ,SLE.Corporation .& .Health .and .Rehabilitation .Properties .Trust .. .
... ....... . ...... ... .. .. ..
Premises affected „ 75.Park.Street, 5961.Park. 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.�ro�osed.parking. area. to. serve.existing.n11 sing,home.
.......... . ... .... .... .. ..... .. ..
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPRGVES........ the ....SITE,PLAN,IYUV....................................
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation Administrator
Assessors
Police Chief
Fire Chief
• Applicant
Engineer
File
Interested Parties
based upon the following conditions:
3
Signed
qq' Pll allorlgy............... .
Jollij DraPgr ....................
Ate vA A-Arde.U.1...............
.R:.Qhard .RQxen ..................
" ' .....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: I SP -1
Scale: In - 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 i
Applicant
Engineer
File '
- P�A��IKG 80A80
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any a�� . � .�� ,�� �,� 4��,,.4
within (20;�
date of filing o
in the Office Of tj'
Clerk.
MOR7►r
0;,,�.o.
O
F �
CMU
NOTICE
NOTICE OF DECISION
SER
SEF 29 2 E2 N 'SZ
Date. ,September .29,. 1992
August *fg, 1992
DSeptember 1, 1992
Date of Hearing
September f5, T 92
Petition of ,SLF.Cor�oration.&. Health .and .Rehabilitation . Properties.Trust....
... ... ...... . ...... ... .............. ... ...... ... .
Premises affected . , , 95. 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. 4.122,.Paragraph.l7..........,.
..... ....... ..... . ... ....... ...... .... .. . ...
so as to permit „ the.Fxpa .an.existinR.use..................................
... .. .. .. ....... ...
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPROVE.........the ....SPECIAL.PERMIT......................................
....... ....... ......
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation Administrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
s
Signe
,Josep..Mahoney.............. _�
.John.Draper....................
Richard Nardella
................................
Richard,Rowen,,,,,,,,,,,,,,,,,,
....planning B oard ........
SLF CORPORATION
75 PARK STREET
NORTH ANDOVER, MA
AND
HEALTH AND REHABILITATION PROPERTIES TRUST
400 CENTRE STREET
NEWTON, MA
SPECIAL PERMIT, NURSING AND CONVALESCENT HOMES
The North Andover Planning Board herein approves the Special
Permit as requested by SLF Corporation and Health &
Rehabilitation Properties Trust, dated July 24, 1992; revised 8-
18, 8-26, 9-4-92. The Planning Board makes the following
findings regarding this Special Permit for the continued
operation of a Nursing and Convalescent Home at 75 Park Street,
North Andover. The granting of the Special Permit is in
accordance with Sections 4.122, paragraph 17, 10.3 and 10.31 of
the North Andover Zoning Bylaw.
A. The specific site is an appropriate location for such a use,
structure and condition in that it adjoins the existing
nursing home and is also set back and screened from the
immediate residential neighborhood. Nursing homes are
permitted by Special Permit in a lkesidential - 4 Zoning
District.
B. The use as it exists and expands will not adversely affect
the neighborhood. The proposed parking area will remove
parking from neighborhood streets. Appropriate measures will
be taken to minimize lighting impacts by the installation of
shields.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians; The proposal is designed to remove vehicular
traffic associated with the nursing home to an on-site
parking facility.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use. The parking layout and
design will be in compliance with the Zoning Bylaw and the
recommendations of the Technical Review Committee;
E. The Special Permit Granting Authority has determined that
said application is in harmony with the general purpose and
intent of this Bylaw. The Board hae deemed that the location
and operation of the existing nursing home is appropriate
and that the proposed improvements will lessen the traffic
associated with this- use on Park Street and the surrounding
neighborhood area.
The Planning Board finds under Section 4.122 of the Zoning Bylaw
that the continued operation of the nursing/convalescent home and
the construction of the accessory parking and outside
sitting/walking area complies with the Bylaw requirements. but
requires the additional conditions to complete full compliance.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions;
SPECIAL CONDITIONS:
1. This decision shall be filed with the North Essex Registry
of Deeds and recorded copy sent to the Planning Office.
2. The Special Permit is issued for a 122 bed skilled nursing
care facility (Level II) as governed by Massachusetts
General Laws Chapter 111, Section 71 and regulations
established thereunder and as referenced by the Department
of Public Health's LICENSE TO MAINTAIN A CONVALESCENT OR
NURSING HOME (license #3508).
3. There shall be no further expansion of the size or interior
square footage of the building, the number of beds at the
facility, intensity of use or the number of parking spaces.
4. The existing 59-61 Park Street building may be used only for
employee meetings and storage of non-medical supplies or as
the designated residential use. No patient services are to
be provided in this building. The building will not be
permitted for use as a general office or for administrative
purposes.
5. Van parking only shall be permitted only as shown on
referenced plans herein.
6. Deliveries to the facility shall not occur prior to 9:OOAM
or after 7:OOPM.
7. The applicant shall submit a Form A Plan (ANR) to the
Planning Board prior to the endorsement of the site plan
that combines the existing three lots into one single lot.
8. The applicant shall petition the Board of Selectmen to
maintain the existing resident -only parking designation in
the vicinity of the facility. There shall be no parking by
facility' employees. on Park Street, Pleasant Street, or
Osgood Street. The facility shall provide for visitor
parking on site. '
9. The parking lot lights shall be turned off each evening by
11:30PM and may be turned on no earlier than 6:30AM.
10. The proposed light fixtures in the parking area are to be
approved by the Planning Board. (Should be shielded as. per
Planning Board standards)
11. Exterior building lights shall be shielded so as to direct
illumination downward.
12. No use will be permitted on the site other than what has
been requested in the application.
13. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
14. The site plan review approval shall be made a part of this
decision.
The following plans shall be deemed a 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,
9-4-92
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
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IN WASHINGTON, D.C.
1025 CONNECTICUT AVENUE, N.W.
WASHINGTON, D. C. 20036
(202) 775-8190
TELECOPIER NO. 202-293-2275
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 338-2800
TELECOPIER NO. 617-338-2880
TWX: 710-321-1976
December 8, 1992
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
120 North Main Street
North Andover, MA 01845
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-8200
TELECOPIER NO. 212-758-2151
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
New Stevens Hall, Inc. and SLF Corporation respectfully
request that the Board allow them to withdraw their appeal without
prejudice. This matter has been resolved as a result of recently
completed special permit proceedings before the Planning Board.
Although the appellants continue to believe that their
position as set forth in the appeal is correct, further
proceedings before the Board of Appeals are unnecessary in light
of the Planning Board's action. Therefore, the appellants
respectfully request permission to withdraw their appeal without
prejudice.
Very truly yours,
Victor N. Baltera
Attorney for New Stevens Hall, Inc. and
SLF Corporation
VNB/ rk
cc: D. Robert Nicetta,
Building Inspector/Zoning Enforcement Officer
Received by Town Clerks
« ! j
1 TOWN OF NORTH ANDOVER, MASSACHUSETTS
• 1
i BOARD OF APPEALS
• T�/_ � (508) 685-3372
t APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE
New Stevens Fall, Inc. 75 Park Street
Applicant and SLF-CorpbrAtion AddressNorte Andover, MA
1. Application is hereby made:
i
a)
For a variance from
the requirements of Section Paragraph
j
and Table of the
Zoning By Laws.
b)
For a Special Permit
under Section_ Paragraph of the Zoning
o0
By Laws.
- --
As a Party Aggrieved,
Building
for review of a decision made by the
letter dated
Inspector or
other authority. See attached
April 16, 1992.
2. a)
Premises affected arc
land and building(s) X numbered
g
75 Park
--X -" Street. — -
b)
Premises affected are
property with frontage on the North ( )
South (X) East ( ) West
( ) side of Park
Street, and known as
_
No.__7.5 Park Street.
c)
Premises affected are
in Zoning District_R4 , and the premises
affected have an arca
221.76 fect.on
of 46 332 square feet -and frontr+ge of
161.05 feet
Park
Street-dhd on Osgood Street.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Health and Rehabilitation Properties Trust, 400 Centre Street,
Newton; ��ssac?zuse7ff-�2I58------------ ,-----------
Date of Purchase Flay 11, -1992 -Previous Owner Ne47 Stevens Hall, Inc.
b) If applicant is not owner, check Iris/her interest in the premises:
_-rrospcctive Purchaser X •Lcsee X Other (explain) *
44 Size of proposed building: N/A___.front: feet deep;
" Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
5. Size of existing building: 168 feet front: 160 fret (1(.-(-P:Height-2--stories; i2�_feet.
a) Approximate date of erection: 1972; addition in 1986.
b) Occupancy or use of each floor: nursing home
c) Type of construction: 1B
G. Has there been a previous appeal, and or zoning, on therm 1>reminCr
Yes. If so, when? May 1986.
6
Special Permit granted for addition in 1986.
*New Stevens Hall, Inc. occupies the Premises under a lease and occupancy
-agreement with the landowner. New Stevens Hall, Inc. also holds the license
to operate the nursing home at the Premises and received the Building
Inspector'
decision which is under appeal. SLF Corporation, a subsidiary
of the Greenery Rehabilitation Group, Inc., is managing the nursing name
under an interim management agreement and has an agree* eat x,rith the landowner
.to lease the Premises upon obtainina a license from the Department of Public
Health.
A
7:, Pe s c'Mi t ' )f relief Sought . on 'this petition IQetirtioner requests UiTt
qyn ,
vie Overrule Building Inspector's, letteic.-I.ol. ril 16, J.992.
de Premises -a- oe6ic --W
;determines that the existing use of Prem ri6quir�!s s
a.. Dead recorded in the Registry of Deeds in Book. Page
certificate No. Book page
*Instru-rent No. 13383,- Ylay =., IM2.
The principal points upon which I base.my application are as follows:
-.(must be.stated in detail)
.4
rlease* see Attachment 1.
agree to pay the filing fee, advertising in. newspaper, and incidental
expensps*
Signature Pa
tMoler 9.
Every application for action b the Board shall be made on a form approved
y p
by -the Board. These forms shall be furnished by the Clerk upon request.
Any communication purporting to be nn application shall be tre.-ited as mere
notice of intention to seek relief until such time -49 it is .made on the
1.. official application form. Alt information called -for by the form shall
.•... .. n,,:: tiprescribed.
be furnished by the applicant in the manner '�hcrai
..I Eve . ry-application. shall be !3ubmi tted with a I ist . of* "Parties In Intercnt"
ownern o( lavid directly
,which list shall -include the petitioner, abutters,
.opposite on any public or private street or way,* and abutters to •the
(30o of the property line of the
abutters ,wi thin' three hundred feet
'petitioner as they . appear.on the most recent applicable tax list,
!notwithstanding 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.
*Every application shall be submitted with an application charge cost ill
the amount -of $25.00. In addition, thep ctitioner shall be responsible
:for any and all costs involved in bringing the petition bef
orc the Board.
:Such costs shall include mailing and publication, but are not neces
sarily,-'-;
jimited to these.
Every application shall be submitted with a 'plan of land approved by the
Board.- No petition will be brought before the Board unless said plan
been submitted. copies of the Board's requirements regarding plans arc
attached hereto or are availab1c.from the Board of Appeals upon request.
yj
LIST OF PARTIES IN ItUERCST
VSC :
A T -
A
Victor N. Baltera
Sullivan & Wbrcester
One Post Office Square, 22nd Floor
Bostoh.-Massachusetts 02109
2945..
Attornev for Petitioners
s Hall,
New Steven 'Inc.
and SLF Corporation
Attachment 1
Stevens Hall is a protected nonconforming use in that it
predates the provision of the Zoning Bylaw requiring a special
permit to operate a nursing home in a Residence 4 district.
The Building Inspector's letter incorrectly asserts that
"recent changes" involving the presence of head -injured patients
constitute an unauthorized alteration of the nonconforming use.
In reaching his decision, the Building Inspector has incorrectly
applied the relevant legal standard and is mistaken in his
description of the facts. Stevens Hall has done nothing to lose
its protected nonconforming status. The presence of head -injured
patients does not establish an impermissible change in the
nursing home use.
Stevens Hall has always been and continues to be a nursing
home --a facility providing long-term care to persons needing such
services under proper approvals from the Massachusetts Department
of Public Health. The reasons given by the Building Inspector --
parking, deliveries, patient security --are not legally sufficient
to show that there has been a change in the nonconforming use.
Currently there is no significant problem with parking, and
any problems which previously existed did not constitute an
impermissible change in the use. Further, there has been no
increase in deliveries due to the presence of head -injured
patients nor are patient security needs different in any
significant way. In short, the facility continues to operate as
a nursing home.
In addition, under Section 3 of Massachusetts General Laws
Chapter 40A, the Town may not discriminate against a disabled
person. Therefore, the Town may not require a special permit
for use of a facility like Stevens Hall by head -injured (i.e.,
disabled) persons which may be used as of right by those who are
not head -injured.
t y KAKIiN H.P. NCISON
fl mI.-trW
WILDING
CO All ON
PLANNING
Town 0f
NORTH ANDOVER
0JVIt,:t)N 01'
PLANNING & COMMUNITY DEVELOPMENT
April 16, 199.
John Kenney, Administrator
Simms, 1-full/New Mcclico
'6 Park Slrc:e:t
North Andover, MA 01945
Dc:ar Sir:
Lxtendod Page
11()VWin Street, 01845
(508) 682•6483
New .Mcdiuo's facility prescntly clues tern coliform to ?oning since slat: lowr► mucadod it's
Zoning Bylaw and cha»l,►ed. the. Status of nursing Pinel e_cmvalescent homes frog ti {rerrttil.teci. nsr.
to a use allowed only by Special Permit, :Rcx;cnt chaugrc:s to New Mcdico's operatiurIs
e;onstitute an unauthomecl and offlu, non-conforminf, case
ais it existed whon the Zoning Bylaw was thus amemled.
This isconfirmed by thefollowing obsavutions. ()t.) Scptcmhei,19. N9I repmssenlat ives
of'Steven Hall/New Medim, (.Messcrs. 3o1)n Kenney, .], tot Brown, Attyti. !.'h.ulrs & John
Troml>ly) anc;t. with Mr. Kevin Mabonc;y, Ms. Karan Nelson aml Mr.. Hobert Nic;c ua, all
renreskmIi1) the ,Yown of' North Andover and the iminediatc: resid.enis of ttic "Stcvtns (lame"
al-C.U. The uitim)s committee voicW. Ntrang cx�tl7plttints on Overflow strect pJAing, u>nstar►t.
dJiVc:ry thick tra.ffic:, and poor, patient security at this mex:ling. f.n resixmse, questioracJ o,t the,
r►t,nyher oJ'c-anploy(xs, Mr, K ennc:y asta.ted thal the facility had (enc humirml sixty (160) hil) :and
Kurt -untie employees, divided into three shifts, seven (lays a week, plus patient visitors. Atth(,.
present tine: ttac facility has approximately thirty (1 0.) pa4ing spdten.s availab1c.
1 believe, b:" upon the evideme of inadequate parking, comstani dcliveq, truck traffic.,
wud p()ol' pittte;ttt smur ity, the New Meelim facility can not INISS tho.1hree ptti t. test of h-.t)I' rt(nr.
t:orti{orming use, f►,rtandfa.thered t nd-er G.L. (I.40A, 4extion 6 ,tnd Section t) of Ulu North
Andover Zoning.Bylaw. •1•hc 1'lime part test being.
Lx Page
iliat illc licad tr�iillMk trealmcnt. miter I.Acol, Ow valilrr alld pirpom, rel '1w
tllllsing holm. use, a.s it vxist.ed bc.fory Ehc, vowriv, aIII '11di c.tlt cfnuc iatcl c;lc;ct
Ndich ('slablisl,cd lilt', stn-.c;ial lac. mil rcc(ttirc'nivi1t 1111 mirssillp, EZc:,ow alai
cOnvalesceill boille ilyc: it) the. District. and
?. ('h;:tt tltctc is nc;difforc:rlce• in the clttalit.y c;r (T araclr.r„ :iswcji as ihc.cickvvc..;l uxc.
t;l' the prclperl.y; and
l hal 111CCtlrt-cm i 61jfy js nc;t dit'tcrc;nt it kind in its clkc.t oil t11c 11cigall;c;rllood.
1 tic rctc,rr.. �;tcvc.t�y '11,ic;c; G:1n 110 longer lcfr.;llly i►l;cratc 11llilc.r t.11i:'i',,,t t1
l.i�llllll; It111t;5s it applirs fc>r lilld obtains tht, proper permits pursuant to Silt' North hnclovor
Zoning Bylaw.
iwrsing and e.c,nvalt-sc:c.ctt
,wcord.ing to 2.61 of the /(),ling 13y1aw is the Maiming Roard.
Ycru have thirty clays ffrow re etpl of' this lctl.cr Its a b1de by this dcc•.isio,l.
Yc,u httvc;;t. ri ,ht to �tppral this dreisi�tn thrc;ut;}1 th.. North Andowx %c;mni Boal -d M
A
Very truly yours,
D. Rolv;rt Nivelta,
F31111ding hiss O.or/
Zoning Elifc;rcctt;lerll 011' :c;t'
R 1.I m -TIN rrcipl
iordc;n, 'Towns Manctt.;c.r
Karen 11.11. Ndscln, lair. Planning Lk. Co-mmunilY DCVc.lc;Plnetll
.Ic;(l B. -ad, F,sy., .Kopletman & Paige
Andrew .Tames, Plcasal)t S1. Resident
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY..
MAP IPARCEL LOT INAME Health and JADDRESS 400 Centre Street
85 113 1 lRehabilitation Properties t Newton,.NA 02158
ABUTTERS:;: , ° ,.
MAP
PARCEL LOT
NAME
ADDRESS
85
51
Douglas L. Ramsden,
290 Osgood Street
Sheila C. Ramsden
N. Andover, MA
58B
37
Town of North Andover
120 Main Street, N. AndoverMA
85
41
David T. McHale,
251 Pleasant Street
Annette McHale
N. Andover, MA
71
47,48,50
New MediCo Holding Co., Inc.
150 Lincoln Street, Boston,MA
85
40
Andrew M. James,
262 Pleasant Street
Deborah W. James
N. Andover, MA
85
50
Shirley Roberts.
60 Park Street, N. Andaver,MA
71
46
Carrie L. Pszybysz,
55 Park Street
Thomas F. Pszybysz,
N. Andover, MA
Paul M. Battaglia
58
26
Jeffrey J. Buxton,
7 Court Street
Rosemarie Buxton
N. Andover, MA
58
29
Ri ar W. Latarte,
15A Court Street, N. Andover
58
29
Alice LeTarte
15 Court Street, N. Andover
58
13
Giles M. McDonald,
279 Osgood Street
Laurie B. McDonald
N. Andover, MA
95
11
Robert P. Dulude,
16 Court Street _
Ph llis I. Dulude
N. Andover MA
95
47
R & L Family Trust
321 Osgood Street
C/o Richard C. Lafond
N. Andover, MA
71
28
Richard R. Blain,
47 Park Street
Kathleen Blain Mohan
N. Andover, MA
71
45
Charles S. Randone
530 Main Street, N. Andover
71
39
John J. Cushing
524 Main Street, N. Andover
71
47,48,50
Health and Rehabilitation
400 Centre Street
Properties Trust
Newton, MA 02158
Planning Board of N. An over
120 Main Street,N.Andover,MA
Planning Board ol Haverhill
4 Summer Lt,Rm 201,Haverhill;
Planning Board of Boxford
28 Middletbn Rd,Boxford,MA 011.
Planninq Board of Middleton
195 N.Main St,M.iddleton,MA 01
Planning Board of N. Reading
235 North St,N. Reading,MA 0
Planning Board of Andover
36 Bartlet St,Andover,MA 0181
Planning Board of Lawrence
200 Common St,Lawrence,MA 018
Planning Board -of Methuen
190 Hampshire St,Methuen,MA 01
1845
A 01830
21
49
64
0
44
October 13, 1992
BY HAND
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-8200
TELECOPIER NO. 212-758-2151
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
New Stevens Hall, Inc. and SLF Corporation respectfully request
that the Board of Appeals continue the public hearing in this matter
until its regularly scheduled December meeting in order to provide
additional time for the appellants and the Building Inspector to
resolve this matter. The appellants also request that the time
limit by which the Board of Appeals must act on this matter be
extended until December 31, 1992.
Very truly yours,
va, -
Victor N. Baltera
Attorney for New Stevens Hall,
Inc. and SLF Corporation
VNB/mlc
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
IN WASHINGTON, D.C.
(617) 338-2800
1025 CONNECTICUT AVENUE, N.W.
TELECOPIER NO. 617-338-2880
WASHINGTON, D.C.20036
(202) 775-8190
TWX: 710-321-1976
TELECOPIER NO. 202-293-2275
October 13, 1992
BY HAND
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-8200
TELECOPIER NO. 212-758-2151
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
New Stevens Hall, Inc. and SLF Corporation respectfully request
that the Board of Appeals continue the public hearing in this matter
until its regularly scheduled December meeting in order to provide
additional time for the appellants and the Building Inspector to
resolve this matter. The appellants also request that the time
limit by which the Board of Appeals must act on this matter be
extended until December 31, 1992.
Very truly yours,
va, -
Victor N. Baltera
Attorney for New Stevens Hall,
Inc. and SLF Corporation
VNB/mlc
IN WASHINGTON, D.C.
1025 CONNECTICUT AVENUE, N.W.
WASHINGTON, D. C. 20036
(202) 775-8190
TELECOPIER NO. 202-293-2275
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 338-2800
TELECOPIER NO. 617-338-2880
TWX: 710-321-1976
September 3, 1992
FEDERAL EXPRESS
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
120 Main Street
North Andover, MA 01845
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-8200
TELECOPIER NO. 212-758-2151
New Stevens Hall, Inc. and SLF Corporation respectfully request
that the Board of Appeals continue the public hearing in this matter
until its regularly scheduled October meeting in order to provide
time for the Planning Board to act on two related petitions which
are presently pending before it. We expect that the Planning Board
will decide those petitions at its September 15, 1992 meeting.
Based on a conversation between Mr. Buckley of SLF and
Mr. Nicetta, it is our understanding that we do not need to appear
at the September 8, 1992 hearing. If this is not correct or if
there is any change, please let me know.
VNB/mlc
Very truly yours,
Victor N. Baltera
Attorney for New Stevens Hall,
Inc. and SLF Corporation
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
IN WASHINGTON, D.C. (617) 338-2800
1025 CONNECTICUT AVENUE, N.W. TELECOPIER NO. 617-338-2880
WASHINGTON, D.C. 20036
(202) 775-8190 TWX: 710-321-1976
TELECOPIER NO. 202-293-2275
August 11, 1992
BY COURIER
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
Town Building
North Andover, MA 01845
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-8200
TELECOPIER NO. 212-758-2151
New Stevens Hall, Inc. and SLF Corporation respectfully request
that the Board of Appeals continue the public hearing in this matter
until its next regularly scheduled meeting in order to provide time
for the Planning Board to act on two related petitions which are
presently pending before it. The appellants also request that the
time limit by which the Board of Appeals must act on this matter be
extended until 1992. tIA1,6
p� 3i
If the Board approves these requests, we ask that a copy of
this letter evidencing the agreement to extend the time periods be
filed with the town clerk as required by Massachusetts General Laws
Chapter 40A, Section 15.
VNB/mlc
Approved:
Very truly yours,
2e, AgAi
Victor N. Baltera
Attorney for New Stevens Hall,
Inc. and SLF Corporation
KAREN H.P. NELSON Town of
D"'or NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
February 10, 1992
MEMORANDUM
TO: JAMES P. GORDON, TOWN MJANAG
FROM: KAREN NELSON, DIRECTOR1
RE: STEVENS HOME/NEW MEDICO
120 Main Street, 01845
(508) 682-6483
***************************************************
Attached is the opinion rendered from Town Counsel regarding
Stevens Home/New Medico Facility on Stevens Street. I have
scheduled this for discussion at the Board of Appeals meeting for
Tuesday evening, February 11, 1992.
The highlights of the Town Counsel's response are as
follows:
- The Building Inspector must research the nonconforming
status of the facility; and thus New Medico will be required
to file for a Site Plan Review Permit and Special Permit to
the Planning Board. OR
- At minimum file for a Special Permit to the Board of
Appeals which authorizes the change, extension and/or
alteration of the nonconforming nursing home/ convalescent
center use. {The ZBA would then have to take into
consideration that the altered use is not more detrimental
to the neighborhood than the prior nonconforming use}.
- The change in use would be from a long-term nursing care
facility to a short-term and intermediate-term care of head
trauma victims.
- The changed facility is subject to the parking
requirements of the Zoning Bylaw as detailed in Section 8.
- To include the adjacent lot for parking purposes, a new
Special Permit must be applied for, and a Variance since the
additional parking will remain less than is currently
needed. However, Counsel has indicated on the last page that
the adjacent lot cannot be used for the expansion of a
nonconforming use.
I
JAMES GORDON
2/10/92
PAGE 2.
I will be discussing the contents of this letter further
with Judith Cutler and Bob Nicetta in order to bring the matter
before the Board of Appeals on Tuesday.
cc: Board of Appeals
Bob Nicetta, Building Inspector
KOPELMAN AND PAIGE, P.C.
Ms. Karen P. Nelson, Director
Community Development
February 71 1992
Page 3
fall into one of two categories:
Legal nonconforming use, by virtue of the
fact that the Steven Hall Nursing Home pre-
existed the zoning change. In this case, the
use is protected, provided that any changes
to the use meet the criteria under the Zoning
By-law; or
Unpermitted use, because the nature or
character or impacts of the use have changed
such that the Building Inspector finds that
the current use is different from the
original one.
Accordingly, the Building Inspector should first satisfy
himself as to whether New Medico is entitled to be treated as a
legal nonconforming use, grandfathered under G.L. c.40A, §6 and
Section 9 of the North Andover Zoning By-law.
In my opinion, the New Medico facility is entitled to the
protection of G.L. c.40A, §6 and Section 9 of the North Andover
Zoning By-law only if it can show:
(a) that the head trauma treatment center reflects the
nature and purpose of the nursing home use as it
existed before the zoning amendment came into effect
which established the special permit requirement for
nursing home and convalescent home use in the district;
and
(b) that there is no difference in the quality or
character, as well as the degree of use of the
property; and
(c) that the current facility is not different in kind in
its effect on the neighborhood.
Hall v. Zoning Board of Appeals, 28 Mass. Appeals Court 249, 257
(1990) and cases cited. If New Medico cannot meet all three
tests, then in my opinion, it can no longer legally operate under
the Town's zoning unless it obtains a special permit for the use
pursuant to Sections 4.12 and 10.3. If New Medico can meet all
three tests, then the Building Inspector may make a determination
_T:i7,A6ETiq T77 '.--
JOYCE FRANK
,1014N W. GIARMO
RAREARA ,. SAINT ANDRE
0FL R. RARO
R:CHAW) J. FALLON
WILLIAM HEWIC !11
FVERETT J. MARDER
.PANE M. O'MALLEY
PATRICK .1. -_45TELL0
KAREN V. KE(-LY
RF-SORAP( A. F.LIASON
JUDITH C. CUTLER
ANNC•MAR1E M. HYLAND
"!CHARD SOWN
CHERYL ANN SANK9
BF.;AN W RILEY
F.A.YMOND C. POnFIRI
101 ARCH STREET
BOSTON. MASSACHUSETTS =10-1137
Ms. Karen P..Nelson, Director
Community Development
North Andover Town Hall
120 Main Street
North Andover, MA 01845
February 7, 1992
Re: Stevens Hall - New Medico Zoning anti Parking Issues
Dear Ms. Nelson:
(5171 §51•C007
FAX t5171 951•:731,
NOR".AMFTON OFMC_'F.
(A131 585.SA32
You have requested an opinion relative to the zoning status
of the New Medico Rehabilitation and skilled Nursing Center at
Stevens Hall. The facility, originally operated as the Stevens
Hall Convalescent Home, is located in the Residence 4 Zoning
District. When Stevens Hall was constructed in 1972-3, the
nursing home use was allowed by right in the district. Under
subsequent amendment to the Zoning Hy -law, such uses are now
allowed only by special permit. This new special permit
requirement rendered the use a legally nonconforming one,
entitled to the protection of G.L. c.40A, Section 6.
over the last several years, the nature of the facility has
changed from a nursing home serving predominantly elderly
patients to a facility primarily devoted to the treatment and
rehabilitation of head trauma victims. As a result of these
changes, on-site parking is inadequate and the surrounding
residential neighborhood is experiencing the impacts of spillover
parking on the side streets, as well as of increased traffic flow
and increased emergency fire and police galls to the area.
You have askedwhether the facility, as currently operated,
is a mere continuation of the nonconforming nursing home use
operated as Stevens Hall, and if not, to what extent and under
what authority the Town may now control and r e......(��.—M
its parking. -fin
PRINTEO ON RECYCLE;) PAPER IBOARD OF APPEALS
Si3'�. 3`_?IHd QNH NHW13d0A1 -c:ZT 76,
re, -,i-. *'-L_MAN AI.iO ``AIG
Ms. Karen P. Felson, Director
Community Development
February 7► 1992
page 2
AS discussed more fully below, it is my opinion that a
Of the nature and extent you
change in the use of the ermfacined the Building Inspector to be
have described may be determined by
SO substantial as to result in the loss of its legal it is my
conforming status. If this determseamaynnot belawfully
nOlt emit
opinion that the current New Med co law until a special pgoard
operated under the Town's honing granted by the Planning
and site plan approval have been g
he facility, as a new use, pursuant to Sections 4.122. g•
for t law.
and 10.3 of the By-law.
in my
the Building Inspector may find,
AlternativelY, significant enough to sols
opinion, that the change is at least
by the Board of App
necessitate a finding and special p
o authorize the changer extension and/or c alteration If this
f the
t that the
nonconforming nursing home/conhoweverntiteisemyuopinion
special permit by the Board of Appeals
latter determination is made, b that Board
current use necessitates aaspecia as s. finding Y
pursuant to Section 10.3, prior
under Section 9.1 that the use as theneighborhoodrthansthe
substantially more detrimental
use. Moreover, thehe
extension. or alteration would
nonconforming ecific limitations contained in Section 9.2.
be subject to the sp
In the discussion below,
I have provided some criteria to
assist the Building Inspector in making this determination -
The Town's control over the parking situation may be
exercised, in my opinion,
through zoning requirements for off-
in
and/or through the Board of Selectmen's authority
street p ublic streets. Even if the
to regulate traffic and parking on p it is my opinion that
New Medico use is legally grandfathered,
deny permission to alter or
the Board of Appeals may condition
on or the grounds of inadequate off -
extend the non -conforming use
street parking.
DISC 9-U—ON
1. onconf
in St us of NeMedico
New Medico's facility has not conformed to zoning
since the
its Zoning By-law and changed the status of nursing
Town amendedermined use to a use allowed only
and convalescent homes from a p
permit. As a result, New Medico's current operations
by special
P.1!4
^— FEB 0' '92 1(M. KOPELMAN AND PAIGE
KOPEIrMAN AND PAIGs, P.C-
Ms, Karen P. Nelson, Director
Community Development
February 71 1992
Page 4
't and finding under §9.1 are needed, as discussed
that a peg
below•
special permit for a new
Under Section 4.12 and me a e granted by the Planning'
home/convalescent center may requisite findings under
nursing on the
Board only if the Board makes the five req, effect up
Section 10.31.1 as to appropriate location lack of
adequate and appropriate facilities, with
neighborhood, pedestrians! and harmony
nuisance or hazard to vehicles °claw. in reviewing such a
the purpose and intent of the BY" opinion that, under Section
ermit application, it is my P
special p impose appropriate setback,
10,31.2, the Planning Board may P
on
and site design conditions, as well as lieration�,sor
screening, permit use would
the "size, number of occupants, method or time
pop
BY -
extent of facilities." in addition, the special 1 of the BY -
ex subject to the parking requirements of Section 8• the planning
law, as well as a Site Plan review special permit by
Section 8.3•
Board, pursuant to
nonconforming use, it is my
On the other hand, should New ally Medico demonstrate New
satisfactorily that it is a lector may nevertheless require
opinion that the Building Insp Appeals under.
Se�=tion
Medico to obtain a finding by the Board of
alteration or extension
the serving
9 to allow for the change, term nursing care primarily
nonconforming use from a long- care of head
the elderly, to short-term and interme
s. Such determination dibEebased upon a
trauma victimfa
the operations at the faci1ztsionnow
whichamadethe
thc time
comparison of special permit prove
of the adoption of the sp Ins ector may consider factors
use non -conforming. The Building p
including, but not limited to;
- the
state -designated level of care classifications Of the
facility beds;
- the patient/staff natio;
..versus in-patient services
the Proportion of out-patient
provided;
- parking needs. to
because the facility no longer conforms in
the By -
Moreover, xtended or enlarged
law, it may not be changed, e
FEB 07 "92 17:34 KOPELMAN ANE) PAIGE
KOPELMAN AND PAIGE, P.G-
Ms. Karen P. Nelson, Director
Community Development
February 7, 1992
Page 5
P. 2/4
accordance with the four criteria listed under Section 9.2,
including (1) the requirement for a special permit by the Board
of Appeals, (2) the limitation confining the change to "the same
lot occupied by the nonconforming use on the date it became
nonconforming", (3) the limitation on aggregate increase in
volume, area or extent of the nonconforming use, and (4) the
limitation on changes which unreasonably prolong the economic
life of the nonconformity. Furthermore, as discussed in the
following section, it is my opinion that any expansion, change or
alteration which resulted in a requirement for additional
parking, would be subject to the provisions of Section 8.1 and
the site plan special permit requirements of Section 8.3, as
well.
2. Applicability of Parking Requirements
Regardless whether New Medico is regarded as a rtiew u&,P or a
permissible alteration, extension or change in a pre-existing
nonconforming use, it is my opinion that the changed facility is
subject to compliance with the parking requirements of Section
8.1, unless the Board of Appeals grants a variance upon a finding
that a lesser number of spaces than required under the By-law
"would adequately provide for the needs of all persons using the
building."
Section 8.1.1 provides, in part, that whenever there is a
change in use so as to increase floor area or design capacity,
off-street parking spaces must be provided in accordance with the
parking schedule. The parking schedule requires at least one
space per sleeping room for single or double occupancy, or one
space per two beds for rooms exceeding double occupancy, in
connection with nursing homes.
In the event, however, that the changes at the New Medico
facility are determined not to constitute a change, extension or
alteration of an existing non -conforming use, then the current
parking requirements do not apply it Stevens Mall conformed to
the parking requirements in effect prior to institution of the
current ratio for nursing homes. In that case, the Town may rely
only on voluntary cooperation by New Medico to provide sufficient
off-street parking, or it may attempt to force the issue by
instituting parking restrictions on the residential streeta in
the surrounding neighborhood. Of course, if Stevens Hall did not
conform with the prior parking requirements, then it cannot be
FEB 07 '92 17:35 KQPELMAN AND PAIGE
KORELMAN AND PAIGE, P.C.
Ms. Caren P. Nelson, Director
Community Development
February 7, 1992
Page 6
regarded as a legally nonconforming use.
P.3!�
3. Tse of Adjoining Land for AccesgDaPaz;king forNursi.ng;, Home/
ponvalescent Center Use
You have asked whether a lot adjoining the New Medico
facility may be developed for parking to serve New Medico.
Whether or not New Medico is regarded as a pro -existing
nonconforming use, the creation of accessory parking on a
separate, adjoining lot is not permissible, in my opinion,
without a variance. Alternatively, if New Medico washes to
develop the lot forparking, it is my opinion that it would have,
to merge the two lots into one and apply for a special permit.
Pursuant to Section 4.1 of the Zoning By-law, lots.may not
be used except for uses specifically designated. Parking
facilities are not listed as permitted principal uses in the
residential districts. Moreover, pursuant to Sections 2.21 and
4.4, accessory uses may only be located on the same lot with the
building of the owner or occupant and must be subordinate to and
customarily incidental to the principal use of such building.
The proposed parking area would be located on a lot
adjoining the lot on which the New Medico facility is located.
You have indicated that the existing building on the adjoining
lot is used for residential purposes. Therefore, even though New
Medico owns the adjoining lot and the building thereon, the
parking area would not meet the requirement that accessory uses
be subordinate to and customarily incidental to the principal use
of the building on the same lot. Nor can a parking lot be
developed to meet New Medico's needs on this separate lot.
Use variances are not permitted under the By-law.
Therefore, the only way New Medico can use the adjoining lot for
parking would be if New Medico were to combine the two lots into
one. In my opinion, this action would require a special permit,
encompassing the use of the entire new parcel for nursing
home/convalescent home purposes, and would be subject to current
parking and site plan requirements, as well. Since it appears
that, even with the additional land, Medico would have
insufficient area to meet current parking requirements, a parking
variance would also be needed.
Finally, use of the adjoining lot for parking may not, in my
�r=B 07 '92 17:96 KOPELMAN AND PAIGE P.4i4
KOPELMAN AND PAIGE, P.C.
Ms. Karen P. Nelson, Director
Community Development
February 71 1992
Page 7
opinion, be permitted as an expansion of a nonconforming use
since under Section 9.2, any such expansion must occur on the lot
as it existed at the time the use �2came nonconforming. Since
the single-family house lot was not made legally nonconforming as
a nursing home use, it is not possible now to expand the New
Medico parking onto the lot under Section 9.2, in my opinion.
ON -STREET G RESTRICTIONS
The Board of Selectmen has, in my opinion, the authority to
adopt regulations restricting or prohibiting parking on the
streets surrounding the New Medico facility in order to alleviate
some of the neighborhood concerns. Such regulations may include
restrictions such as "resident parking only" limitations,
Commonwealth v. Petralia, 372 Mass. 452 (1977), and regulation or
prohibition of on -street parking in the area during certain
periods of the day and/or during certain days of the week.
novronwealth v. Berney, 353 Mass. 571 (196$).
Please do not hesitate to contact me or Judith Cutler should
you have any further questions in regard to this matter.
Very truly yours,
Joel B. Bard
JCC/my7
cc: Board of Selectmen
ll�v
FA
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R
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� wsrr
t 1866
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OFAPPEALS
NOTICE
.....May 13,......1992.
Notice is hereby given that the Board of Appeals will give a
hearing at the Town Building, North Andover, on Tuesday .
. June ....... the . 95h day of ...
June ...............
19. 9.2 , at7 : 3(b'clock, to all parties interested in the appeal of
Environeer.s,.Inc.................... ............
requesting a variation of Sec, ..a..5 .Para .6D ...of the Zoning
By Law so as to permit.. a .variation .f rom. the. .50' no-. .
.. c.onstruction .for. PRD... .
.................
on the premises, located at..34/5 . Bradford . Stre.et ....... .
By Order of the Board of APPS
Frank Serio, Jr., Chairman
Publish in the N. Andover Citizen May 27 & June 3, 1992.
� powrH
KAREN H.P. NELSON Town of
Director ' .<
•' r'� NORTH ANDOVER
BUILDING 'v
CONSERVATION e""e`4 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELO
January 21, 1992
MEMORANDUM
TO: JAMES P. GORDON, TOWN MANAGER
�
FROM: KAREN NELSON, DIRECTOR���"
RE: NEW MEDICO - STEVENS HOME
120 Main Street, 01845
(508) 682-6483
� t tyt� jV E
BOARD OF APPEALS
I would like to provide you with a status of the New
Medico/Steven Home parking issue that remains outstanding before
Town Counsel. I spoke with Joel Bard the first week of January
reminding him of the need for his input far the Board of Appeals
meeting in January. Having not heard from him I phoned the
following week and left a message on his phone mail. I am hopeful
that I will have something -from Counsel by the end of this week
for your review and for the Board of Appeals members. There will
be discussion heard at the February 11, 1992 ZBA meeting
pertaining to this topic.
I contacted the resident and designated spokesman for the
neighborhood, Andrew James informing him of the pending meeting
to be held next month. '
cc: Frank Serio, Chairman ZBA
IN WASHINGTON, D.C.
1025 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C. 20036
(202) 775-8190
TELECOPIER NO.202-293-2275
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 338-2800
TELECOPIER NO. 617-338-2880
TWX: 710-321-1976
June 9, 1992
BY HAND
Mr. Frank Serio, Jr., Chairman
Board of Appeals
Town of North Andover
Town Building
North Andover, MA 01845
Re: Appeal of New Stevens Hall, Inc. and
SLF Corporation regarding 75 Park Street
Dear Mr. Serio:
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-6200
TELECOPIER NO. 212-758-2151
New Stevens Hall, Inc. and SLF Corporation respectfully
request that the Board of Appeals continue the public hearing
in this matter scheduled for June 9, 1992 for sixty days so
that the applicants and the Town can work together to address
the issues.
VNB/mlc
Very truly yours,
0/� t /Ax
Victor N. Baltera
Attorney for New Stevens Hall,
Inc. and SLF Corporation
45
IN WASHINGTON, D.C.
1025 CONNECTICUT AVENUE, N.W.
WASHINGTON, D.C.20036
(202) 77S-6190
TELECOPIER NO. 202-293-2275
SULLIVAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 338-2800
TELECOPIER NO. 617-336-2660
TWX: 710-321-1976
Mr. Robert Nicetta
North Andover Building Inspector
Town Building
120 Main Street
North Andover, MA
Dear Mr. Nicetta:
March 2, 1992
01845
Re: Stevens Hall Nursing Home
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 466-6200
TELECOPIER NO. 212-756-2151
This letter is in response to your request to Mr. John Keeney,
Administrator of Stevens Hall Nursing Home, located at 75 Park
Street, for information regarding the use of that facility.
We understand that your inquiry arises as a result of an
opinion letter (the "Opinion Letter") from Town Counsel to the
North Andover Director of Planning and Community Development
regarding the law pertinent to nonconforming uses and its possible
application to Stevens Hall. In accordance with several
suggestions made in that letter, you have asked Mr. Keeney to
submit information describing the facility's operations, both
before and after the addition of a program to treat head -injured
patients. Stevens Hall is happy to provide you with the
information. We are confident that the nursing home continues to
enjoy nonconforming status under the North Andover Zoning Bylaw
and is, therefore, free to conduct its operations without any
zoning permission from Town officials.
Law Governing Nonconforming Uses
Before describing the Stevens Hall operations, it may be
useful to set forth the applicable legal framework. I will then
discuss the Stevens Hall facility and address your specific
questions. We agree with the Opinion Letter that Stevens Hall
became nonconforming when the Town amended its Zoning Bylaw to
require a special permit for a nursing home use. Thus, if a new
nursing home were to be built today in the Residence 4 District,
it would first need a special permit from the Planning Board under
Section 4.122.17 of the bylaw.
special permit requirement, both
Act, Mass. Gen. Laws c. 40A, and
Because Stevens Hall predated the
Section 6 of the State Zoning
Section 9.1 of the North Andover
Mr. Robert Nicetta
r� March 2, 1992
Page 2
Zoning Bylaw allow it to continue in operation. Section 9.1 also
provides that a nonconforming use may be extended or altered but
only with the approval of the Board of Appeals upon a finding that
the change or extension shall not be substantially more
detrimental to the neighborhood than the existing use.
Case law makes clear, however, that not every modification
requires the Board's approval. For example, in Powers v. Building
Inspector of Barnstable, 363 Mass. 648, 659-60 (1973), the court
held that a nonconforming manufacturing and wholesale and retail
sales use continued to be protected as of right despite an
increase in the variety of merchandise sold at the premises. This
was true even though the additional merchandise attracted a large
increase in traffic to the neighborhood. Also protected is the
use of more modern techniques and equipment. See, e.g., Wayland
V. Lee, 325 Mass. 637, 643 (1950).
To determine which modifications are substantial enough to
require Board of Appeals approval, the courts have devised the
three-part test set out on Page 3 of the Opinion Letter. See
Powers v. Building Inspector of Barnstable, 363 Mass. 648, 653
(1973). If the test is passed, no zoning approval is necessary;
the use continues to be protected as nonconforming. If the use
fails the test, then there has been a change which, under
Section 9 of the North Andover Bylaw, may continue if permission
is granted by the Board of Appeals. Alternatively, if a landowner
in a Residence 4 district wishes to extend a nonconforming nursing
home, he may seek a special permit from the Planning Board. Both
routes are open to the landowner, and they are not mutually
exclusive.
Description of Stevens Hall
The Stevens Hall facility is and always has been a nursing
home. Under Massachusetts law, a "nursing home" is defined as any
institution, however named, which is advertised, announced or
maintained for the express or implied purpose of caring for four
or more persons admitted thereto for the purpose of nursing or
convalescent care. Mass. Gen. Laws c. 111, §71. Stevens Hall
patients are at the facility for care for a variety of ailments
and infirmities. Many are elderly or "geriatric" patients who
require nursing for any number of reasons. Patients also include
those suffering from the effects of head injuries. Care of head -
injured patients is considered to be within nursing home licensure
by the Massachusetts Department of Public Health.
Contrary to the assumption in the Opinion Letter (which
incorrectly suggests on Page 4 that such patients receive short-
term care), head -injured patients receive long-term nursing care.
Typically, head -injured patients stay for more than one year.
Under federal Medicare regulations at 42 CFR 412.23(e), long-term
care exceeds twenty-five days. Massachusetts Department of
Public Health regulations define long-term care as care of
"significant duration" and contrast this with acute short-term
Mr. Robert Nicetta
March 2, 1992
Page 3
care in a general hospital. 105 CMR 150.001(A)(4). Under
either definition, head -injured as well as geriatric patients
are classified as long-term. Moreover, as a nursing home,
Stevens Hall is by definition a long-term care facility.
See 105 CMR 150.001(A).
Note that the Zoning Bylaw does not alter this definition.
The bylaw draws no distinction between types of patients or
ailments. On the contrary, the use category which Stevens Hall
falls within (and has always fallen within) is "nursing and
convalescent homes." The presence of head trauma patients does
nothing to change this. Thus, the facility remains a nursing home
under both the Department of Public Health regulations and under
the North Andover Zoning Bylaw regardless of the nature of its
patients' disabilities. Indeed, where a nursing home has the
ability to care for a patient, DPH regulations prohibit
discrimination based on age or handicap. See 105 CMR
150.003(A)(1). In this regard, you may also want to bear in mind
that Section 3 of Mass. Gen. Laws c. 40A prohibits local land use
bylaws and decisions of a city or town from discriminating against
a disabled (era., head -injured) person.
Responses to Specific Questions
Turning to your specific questions, Mr. Keeney provided the
following information relating to Stevens Hall:
Q.1. What is the state designated level of care
classification of the facility beds?
A.1. With respect to this question, I first point out that
the level of care classification is not pertinent to the zoning
issue. Specifically, the Zoning Bylaw does not address levels of
care, and instead, establishes the use category of "nursing and
convalescent homes." Thus, the focus is on whether the facility
is such a home. Stevens Hall is now and always has been a nursing
home; it is not a clinic or a hospital.
With that preface, I have the following information.
Stevens Hall has always had 122 patient beds. It has been
licensed as a nursing home providing skilled and intermediate care
since 1972. These classifications trigger certain minimum hours
of nursing services which must be made available to patients as
set forth in regulations of the Department of Public Health. In
August, 1991, Stevens Hall's intermediate care unit (40 beds) was
reclassified to skilled. This upgrade was unrelated to the
initiation of the headinjury program. Instead it reflects the
level of care provided to all Stevens Hall patients. Moreover,
under federal Medicaid law, there is no distinction between
skilled and intermediate care, and as a result, the Department of
Public Health is currently deciding whether to maintain separate
"levels" of nursing facility care. The impetus for the
Stevens Hall reclassification came about when the Department of
Public Health offered all nursing homes in the Commonwealth the
Mr. Robert Nicetta
March 2, 1992
Page 4
opportunity to reclassify intermediate care beds to skilled.
Stevens Hall, among others, applied for that designation,
consistent with modern trends in the nursing home industry
generally. This allows the home to fully participate in the
Medicare program (which in Massachusetts requires a "skilled"
designation). However, the upgrade does not cause any change in
the nursing home status of Stevens Hall or in any way alter its
use designation under the Zoning Bylaw.
Q.2. What is the patient/staff ratio?
A.2. The current patient -to -staff ratio is approximately
1 -to -1.3. The ratio was initially 1 -to -1. All services are
available for both geriatric and head injury patients as well as
any other patients.
Q.3. What is the proportion of out-patient versus in-patient
services?
A.3. The nursing home has never provided outpatient
services.
Q.4. What are the nursing home's parking needs?
A.4. The parking requirements have not been affected by the
admission of head -injured patients. North Andover Zoning Bylaw
Section 8.1.2 currently requires that nursing homes provide one
parking space per sleeping room for single or double occupancy.
Stevens Hall has always had 63 rooms available for 122 patients
(59 double rooms, 4 private rooms). Accordingly, the facility,
if it were not nonconforming, would need 63 parking spaces.
Application of Test to Stevens Hall
As demonstrated by the information set forth above, Stevens
Hall clearly meets the standards for a valid nonconforming use.
First, Stevens Hall's current operations continue to be, as they
were originally, those of a nursing home. The presence'of head -
injured patients is simply irrelevant. The services provided by
the home are available to all patients, whether geriatric or
otherwise. Thus, for example, all patients have access to
medications, treatments, activities of daily living and
recreational programs, both in the facility and off-site.
Furthermore, patient housing is integrated.
Similarly, the quality and character•of this nursing home use
remains the same. Under both state and federal regulations and
the North Andover Zoning Bylaw, Stevens Hall is a nursing home.
It continues to provide long-term care appropriate to such a
facility. Finally, the nursing home is not "different in kind" in
its effect on the neighborhood. Therefore, under state law as
well as the town zoning bylaw, Stevens Hall is free to operate its
nursing home as a valid nonconforming use; no zoning permission is
required from Town officials.
Mr. Robert Nicetta
March 2, 1992
Page 5
We hope this information is helpful to you and provides
the material you are interested in. If I can provide you with
additional information or if you would like to discuss this
matter further, please feel free to phone me at (617) 338-2945.
Very truly yours,
Victor N. Baltera
VNB/mlc
cc: John H. Keeney
Joseph S. Trombly, Esq.
Margaret S. Fearey, Esq.
Greener
Rehabilitation Group, Inc.
Dear Neighbor,
A Leader in Head Injury In1'u Rehabilitation
This letter is offered to notify you that effective May 11,1992, management of
Rehabilitation and Skilled Nursing Center at Stevens Hall changed from New
Medico Associates, Inc. to Greenery Rehabilitation Group, Inc. Greenery Group
will continue management of this facility until they receive a transfer of the
operating license from the appropriate regulatory agencies, which will name
Greenery as the owner. Rehabilitation and Skilled Nursing Center at Stevens
Hall was one of eight New Medico facilities included in this transaction.
Greenery Group,.a Boston based corporation, has been a leader in the rehab-
ilitation field for over 15 years, specializing in rehabilitation and skilled
nursing care. Greenery is a -publicly held company that enjoys a fine reputation
for quality of care and the programs that it offers. As'a result of this trans-
action Greenery Group now owns and operates 21 facilities across the nation.
We are very excited about this change in management, and look forward to con-
tinuing our commitment--to-high quality care with Greenery Group.
Greenery's management team will actively be involved in the operations of
Rehabilitation and Skilled Nursing Center at Stevens Hall on a day-to-day
basis. Greenery's philosophy, mission and expertise will enhance our oper-
ating standards.
In addition, I would like to introduce myself as the new Administrator for
this facility. If you should have .any issues or concerns regarding the change
in ownership, please direct questions to my attention. We are confident that
over the next few months Greenery Group will strive to improve the services
that we currently provide.
Respect ll
Katherine M. Martin
Administrator
400 Centre Street . Newton, MA 02458 (617) 244-4744 FAX (617) 558-2588
w I
---J2.�a-•o.°'`'a-- -`tet-'`a �r�._
�JcPox,�`
eo
o"
.,.
0
i,, r� 1!owTM•�
KAREN H.P. NELSON Town of
Director
NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Atty. Joet Band, Kopetman 8 Paige
FROM: D. Robenx Nicetta, Bu.itding Inzpec.ton
RE: F. V. 1. on Stevens Hatt NuAzing Home
I would appkecia.te your 4uxthen input.
120 Main Street, 01845
(508) 682-6483
IN WASHINGTON, D.C.
1025 CONNECTICUT AVENUE, N.W.
WASHINGTON, D. C. 20036
(202) 77S-6190
TELECOPIER NO. 202-293-2275
SULU VAN & WORCESTER
ONE POST OFFICE SQUARE
BOSTON, MASSACHUSETTS 02109
(617) 338-2800
TELECOPIER NO. 617-338-2680
TWX: 710-321-1976
March 2, 1992
Mr. Robert Nicetta
North Andover Building Inspector
Town Building
120 Main Street
North Andover, MA 01845
Re: Stevens Hall Nursing Home
Dear Mr. Nicetta:
IN NEW YORK CITY
767 THIRD AVENUE
NEW YORK, NEW YORK 10017
(212) 486-6200
TELECOPIER NO. 212-756-2151
This letter is in response to your request to Mr. John Keeney,
Administrator of Stevens Hall Nursing Home, located at 75 Park
Street, for information regarding the use of that facility.
We understand that your inquiry arises as a result of an
opinion letter (the "Opinion Letter") from Town Counsel to the
North Andover Director of Planning and community Development
regarding the law pertinent to nonconforming uses and its possible
application to Stevens Hall. In accordance with several
suggestions made in that letter, you have asked Mr. Keeney to
submit information describing the facility's operations, both
before and after the addition of a program to treat head -injured
patients. Stevens Hall is happy to provide you with the
information. We are confident that the nursing home continues to
enjoy nonconforming status under the North Andover Zoning Bylaw
and is, therefore, free to conduct its operations without any
zoning permission from Town officials.
Law Governing Nonconforming Uses
Before describing the Stevens Hall operations, it may be
useful to set forth the applicable legal framework. I will then
discuss the Stevens Hall facility and address your specific
questions. We agree with the Opinion Letter that Stevens Hall
became nonconforming when the Town amended its Zoning Bylaw to
require a special permit for a nursing home use. Thus, if a new
nursing home were to be built today in the Residence 4 District,
it would first need a special permit from the Planning Board under
Section 4.122.17 of the bylaw. Because Stevens Hall predated the
special permit requirement, both Section 6 of the State Zoning
Act, Mass. Gen. Laws c. 40A, and Section 9.1 of the North Andover
Mr. Robert Nicetta
March 2, 1992
Page 2
Zoning Bylaw allow it to continue in operation. Section 9.1 also
provides that a nonconforming use may be extended or altered but
only with the approval of the Board of Appeals upon a finding that
the change or extension shall not be substantially more
detrimental to the neighborhood than the existing use.
Case law makes clear, however, that not every modification
requires the Board's approval. For example, in Powers v. Building
Inspector of Barnstable, 363 Mass. 648, 659-60 (1973), the court
held that a nonconforming manufacturing and wholesale and retail
sales use continued to be protected as of right despite an
increase in the variety of merchandise sold at the premises. This
was true even though the additional merchandise attracted a large
increase in traffic to the neighborhood. Also protected is the
use of more modern techniques and equipment. See, e.g., Wayland
v. Lee, 325 Mass. 637, 643 (1950).
To determine which modifications are substantial enough to
require Board of Appeals approval, the courts have devised the
three-part test set out on Page 3 of the Opinion Letter. See
Powers v. Building Inspector of Barnstable, 363 Mass. 648, 653
(1973). If the test is passed, no zoning approval is necessary;
the use continues to be protected as nonconforming. If the use
fails the test, then there has been a change which, under
Section 9 of the North Andover Bylaw, may continue if permission
is granted by the Board of Appeals. Alternatively, if a landowner
in a Residence 4 district wishes to extend a nonconforming nursing
home, he may seek a special permit from the Planning Board. Both
routes are open to the landowner, and they are not mutually
exclusive.
Description of Stevens Hall
The Stevens Hall facility is and always has been a nursing
home. Under Massachusetts law, a "nursing home" is defined as any
institution, however named, which is advertised, announced or
maintained for the express or implied purpose of caring for four
or more persons admitted thereto for the purpose of nursing or
convalescent care. Mass. Gen. Laws c. 111, §71. Stevens Hall
patients are at the facility for care for a variety of ailments
and infirmities. Many are elderly or "geriatric" patients who
require nursing -for any number of reasons. Patients also include
those suffering from the effects of head injuries. Care of head -
injured patients is considered to be within nursing home licensure
by the Massachusetts Department of Public Health.
Contrary to the assumption in the Opinion Letter (which
incorrectly suggests on Page 4 that such patients receive short-
term care), head -injured patients receive long-term nursing care.
Typically, head -injured patients stay for more than one year.
Under federal Medicare regulations at 42 CFR 412.23(e), long-term
care exceeds twenty-five days. Massachusetts Department of
Public Health regulations define long-term care as care of
"significant duration" and contrast this with acute short-term
Mr. Robert Nicetta
March 2, 1992
Page 3
care in a general hospital. 105 CMR 150.001(A)(4). Under
either definition, head -injured as well as geriatric patients
are classified as long-term. Moreover, as a nursing home,
Stevens Hall is by definition a long-term care facility.
See 105 CMR 150.001(A).
Note that the Zoning Bylaw does not alter this definition.
The bylaw draws no distinction between types of patients or
ailments. On the contrary, the use category which Stevens Hall
falls within (and has always fallen within) is "nursing and
convalescent homes." The presence of head trauma patients does
nothing to change this. Thus, the facility remains a nursing home
under both the Department of Public Health regulations and under
the North Andover Zoning Bylaw regardless of the nature of its
patients' disabilities. Indeed, where a nursing home has the
ability to care for a patient, DPH regulations prohibit
discrimination based on age or handicap. See 105 CMR
150.003(A)(1). In this regard, you may also want to bear in mind
that Section 3 of Mass. Gen. Laws c. 40A prohibits local land use
bylaws and decisions of a city or town from discriminating against
a disabled (era., head -injured) person.
Responses to Specific Questions
Turning to your specific questions, Mr. Keeney provided the
following information relating to Stevens Hall:
Q.1. What is the state designated level of care
classification of the facility beds?
A.1. With respect to this question, I first point out that
the level of care classification is not pertinent to the zoning
issue. Specifically, the Zoning Bylaw does not address levels of
care, and instead, establishes the use category of "nursing and
convalescent homes." Thus, the focus is on whether the facility
is such a home. Stevens Hall is now and always has been a nursing
home; it is not a clinic or a hospital.
With that preface, I have the following information.
Stevens Hall has always had 122 patient beds. It has been
licensed as a nursing home providing skilled and intermediate care
since 1972. These classifications trigger certain minimum hours
of nursing services which must be made available to patients as
set forth in regulations of the Department of Public Health. In
August, 1991, Stevens Hall's intermediate care unit (40 beds) was
reclassified to skilled. This upgrade was unrelated to the
initiation of the head injury program. Instead it reflects the
level of care provided to all Stevens Hall patients. Moreover,
under federal Medicaid law, there is no distinction between
skilled and intermediate care, and as a result, the Department of
Public Health is currently deciding whether to maintain separate
"levels" of nursing facility care. The impetus for the
Stevens Hall reclassification came about when the Department of
Public Health offered all nursing homes in the Commonwealth the
Mr. Robert Nicetta
March 2, 1992
Page 4
opportunity to reclassify intermediate care beds to skilled.
Stevens Hall, among others, applied for that designation,
consistent with modern trends in the nursing home industry
generally. This allows the home to fully participate in the
Medicare program (which in Massachusetts requires a "skilled"
designation). However, the upgrade does not cause any change in
the nursing home status of Stevens Hall or in any way alter its
use designation under the Zoning Bylaw.
Q.2. What is the patient/staff ratio?
A.2. The current, patient -to -staff ratio is approximately
1 -to -1.3. The ratio was initially 1 -to -1. All services are
available for both geriatric and head injury patients as well as
any other patients.
Q.3. what is the proportion of out-patient versus in-patient
services?
A.3. The nursing home has never provided outpatient
services.
Q.4. What are the nursing home's parking needs?
A.4. The parking requirements have not been affected by the
admission of head -injured patients. North Andover Zoning Bylaw
Section 8.1.2 currently requires that nursing homes provide one
parking space per sleeping room for single or double occupancy.
Stevens Hall has always had 63 rooms -'available for 122 patients
(59 double rooms, 4 private rooms). Accordingly, the facility,
if it were not nonconforming, would need 63 parking spaces.
Application of Test to Stevens Hall
As demonstrated by the information set forth above, Stevens
Hall clearly meets the standards for a valid nonconforming use.
First, Stevens Hall's current operations continue to be, as they
were originally, those of a nursing home. The presence of head -
injured patients is simply irrelevant. The services provided by
the home are available to all patients, whether geriatric or
otherwise. Thus, for example, all patients have access to
medications, treatments, activities of daily living and
recreational programs, both in the facility and off-site.
Furthermore, patient housing is integrated.
Similarly, the quality and character of this nursing home use
remains the same. Under both state and federal regulations and
the North Andover Zoning Bylaw, Stevens Hall is a nursing home.
It continues to provide long-term care appropriate to such a
facility. Finally, the nursing home is not "different in kind" in
its effect on the neighborhood. Therefore, under state law as
well as the town zoning bylaw, Stevens Hall is free to operate its
nursing home as a valid nonconforming use; no zoning permission is
required from Town officials.
• Mr. Robert Nicetta
March 2, 1992
Page 5
We hope this information is helpful to you and provides
the material you are interested in. If I can provide you with
additional information or if you would like to discuss this
matter further, please feel free to phone me at (617) 338-2945.
Very truly yours,,
Victor N. Baltera
VNB/mlc
cc: John H. Keeney
Joseph S. Trombly, Esq.
Margaret S. Fearey, Esq.
f.
RICHARD M. STANLEY
Chief of Police
CZofun of Nvr# nbviier
POLICE DEPARTMENT
MEMORANDUM
To: All Park and Pleasant Street Residents
From: Lieut. Glenn Annson
Date: June 4, 1992
Subject: Resident stickers
566 Main Street
No. Andover, MA 01845
Telephone: (508) 683-3168
Enclosed you will find the resident parking stickers. Each one is
assigned to a specific plate number and must be PERMANENTLY
attached to that vehicle on the lower right side of the rear
window.
Registration numbers that are not listed to your address will not
be given a sticker: These stickers are none transferable and a new
one must be obtained when a new vehicle is acquired. Enforcement
will begin on June 15, 1992. If you have a question please call me
at the Police Station between 9:00 AM - 5:00 PM Monday through
Friday.
cc Chief Richard Stanley
CHARD M. STANLEY
Chief of Police
CZoftm of Yor� �nboijer
POLICE DEPARTMENT
t NORT►1 1
s`? y° � �' '• OOL
O A
p
t K
• i _ • �t
TOWN STICKERS — NON—RESIDENT PARKING
NAME & ADDRESS VEH. DESC. PLATE
566 Main Street
No. Andover, MA 01845
Telephone: (508) 683-3168
1�9aU"-"
JOHN & LESLIE SKEADAS,
235 PLEASANT STREET
DODGE CARAV.
#166BBH
#016
CHEV.MONTE
#565TWT
#017
WARREN F.KELLEY
41 PARK STREET
CHEV
#127ABV
#018
CHEV.CORSICA
#625SKS
#019
WENDY D.KELLEY
39 PARK STREET
CHEV.MONTE CARLO
#488MAL
#020
RICHARD BLAIN
47 PARK STREET
VOLVO
#321SKS
#021
OLDS WAGON
#951RVB
#022
CARRIE & THOMAS PSZYBYSZ
55 PARK STREET
CHEV.LUMINA
#968AHR
#023
CHEV.CELEBRITY
#982BKA
#024
DAVID T.MC HALE
251 PLEASANT
DODGE WAGON
#926HEX
#0 03
DODGE WAGON
#517HPT
#004
ARCHIBALD J. BLACK
222 PLEASANT
PLYMOUTH
#102638
#007
ARTHUR R. DETORA
242 PLEASANT
HYUNDI
#709LEE
#008
FRANK J.& MARIA RUDIS
228 PLEASANT
OLDS WAGON
#476MNW
#009
CHEV SEDAN
#348SWD
#010
ANDY & DEBBIE JAMES
262 PLEASANT
BUICK SKYLARK
#446FXW
#011
DODGE CARAVAN
#951CYZ
#012
MR.& MRS. O. ARTHUR DETORA
242 PLEASANT CHEV.CAVALIER
CHRYSLER
RAYMOND LEE
254 PLEASANT CHEV.S-10 BLA
ROBERT & MINDY HINES
58 PARK AUDI 4000
HONDA ACCORD
#43022 #013
#849739 #014
#830SII #015
#680RXO #001
#484SJE #002
'k",
O � p
RICHARD M. STANLEY
CHIEF
(`iluhm of �1v�f Mover
Office of
CHIEF OF POLICE
NORTH ANDOVER, MASSACHUSETTS
To: James Gordon, Town Manager
From: Chief Stanley
Date: June 4, 1992
Subject: Resident parking stickers
PHONE:
683-3168
As of this date both Park and Pleasant Streets have been posted
with "No Parking" and "Resident Parking Only" signs.,The stickers
have been received and have been issued to all residents after a
registry check to verify that the plates were in fact listed to the
appropriate address. Any person who was not listed properly was
told to change their registration with the registry before a
sticker would be issued. Hopefully, this will also resolve some
excise tax problems. All non-residents regardless of their
association with the resident were refused stickers.
Attached you will find the cover letter sent to residents along
with the list of issued stickers. An updated list will be
maintained at the Police Department and will be available for
inspection.
CC Kenneth Crouch, Chairman
Board of Selectmen
Robert Nicetta
Building Inspector
4
PUA8�18G BOA80
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appe- ._.�..,� •�.�, �:�,,
within (20)
date of filing x -A
in the Office of C-:
Clerk.
f NONTN 1
0 �,�ao Baa ti0
I0 p
,SSACHUSEt
NOTICE OF DECISION
`SER
SEP 29 2 E2 P� f SZ
Date, ,September ,29,. 1992
August 18, 1992
Date of Hearing September 1, 1992
September 15, *f992
Petition of ,SLF.Cor�oration.&+Health.and,Rehabilitation. Properties,Trust..,.
... ...... . ...... ... .............. ... ...... .....
Premises affected , , , 95. Park, Street:. 59 61. Park. Street:. 290.Os�ood. Street... .
.. .... ...... .. .. .... ...... ... .. .. ......
Referring to the above petition for a special permit from the requirements
North Andover Zoning.Bylaw.�.Section4.122,ParaV.l7.of the .,,................... ................... ...........
so as to permit , ,the, expand, an, existing, use.
... .. .. .. ....... ...
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPROVE.........the ...........SPECIAL....... PERMIT ......................................
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation Administrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Interested Parties
based upon the following conditions:
Signe a4
.Josep,.Mahoney.............. .�
John. Draper ................+...
Richard,Nardella,,,,,,,,,,,,,,,
,Richard,RgWgq,,,,,,,,,,,,,,,, „
"planning B oarcl + + +
SLF CORPORATION
75 PARR STREET
NORTH ANDOVER, MA
AND
HEALTH AND REHABILITATION PROPERTIES TRUST
400 CENTRE STREET
NEWTON, MA
SPECIAL PERMIT, NURSING AND CONVALESCENT HOMES
The North Andover Planning Board herein approves the Special
Permit as requested by SLF Corporation and Health &
Rehabilitation Properties Trust, dated July 24, 1992; revised 8-
18, 8-26, 9-4-92. The Planning Board makes the following
findings regarding this Special Permit for the continued
operation of a Nursing and Convalescent Home at 75 Park Street,
North Andover. The granting of the Special Permit is in
accordance with Sections 4.122, paragraph 17, 10.3 and 10.31 of
the North Andover Zoning Bylaw.
A. The specific site is an appropriate location for such a use,
structure and condition in that it adjoins the existing
nursing home and is also set back and screened from the
immediate residential neighborhood. Nursing homes are
permitted by Special Permit in a lkesidential - 4 Zoning
District.
B. The use as it exists and expands will not adversely affect
the neighborhood. The proposed parking area will remove
parking from neighborhood streets. Appropriate measures will
be taken to minimize lighting impacts by the installation of
shields.
C. There will be no nuisance or serious hazard to vehicles or
pedestrians; The proposal is designed to remove vehicular
traffic associated with the nursing home to an on-site
parking facility.
D. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use. The parking layout and
design will be in compliance with the Zoning Bylaw and the
recommendations of the Technical Review Committee;
E. The Special Permit Granting Authority has determined that
said application is in harmony with the general purpose and
intent of this Bylaw. The Board hae deemed that the location
and operation of the existing nursing home is appropriate
and that the proposed improvements will lessen the traffic
associated with this- use on Park Street and the surrounding
neighborhood area.
The Planning Board finds under Section 4.122 of the Zoning Bylaw
that the continued operation of the nursing/convalescent home and
the construction of the accessory parking and outside
sitting/walking area complies with the Bylaw requirements. but
requires the additional conditions to complete full compliance.
Upon reaching the above findings, the Planning Board approves
this Special Permit based upon the following conditions;
SPECIAL CONDITIONS:
1. This decision shall be filed with the North Essex Registry
of Deeds and recorded copy sent to the Planning Office.
2. The Special Permit is issued for a 122 bed skilled nursing
care facility (Level II) as governed by Massachusetts
General Laws Chapter 111, Section 71 and regulations
established thereunder and as referenced by the Department
of Public Health's LICENSE TO MAINTAIN A CONVALESCENT OR
NURSING HOME (license #3508).
3. There shall be no further expansion of the size or interior
square footage of the building, the number of beds at the
facility, intensity of use or the number of parking spaces.
4. The existing 59-61 Park Street building may be used only for
employee meetings and storage of non-medical supplies or as
the designated residential use. No patient services are to
be provided in this building. The building will not be
permitted for use as a general office or for administrative
purposes.
5. Van parking only shall be permitted only as shown on
referenced plans herein.
6. Deliveries to the facility shall not occur prior to 9:OOAM
or after 7:OOPM.
7. The applicant shall submit a Form A Plan (ANR) to the
Planning Board prior to the endorsement of the site plan
that combines the existing three lots into one single lot.
8. The applicant shall petition the Board of Selectmen to
maintain the existing resident -only parking designation in
the vicinity of the facility. There shall be no parking by
facility' employees on Park Street, Pleasant Street, or
Osgood Street. The facility shall provide for visitor
parking on site. '
9. The parking lot lights shall be turned off each evening by
11:30PM and may be turned on no earlier than 6:30AM.
10. The proposed light fixtures in the parking area are to be
approved by the Planning Board. (Should be shielded as. per
Planning Board standards)
11. Exterior building lights shall be shielded so as to direct
illumination downward.
12. No use will be permitted on the site other than what has
been requested in the application.
13. The provisions of this conditional approval shall apply to
and be binding upon the applicant, its employees and all
successors and assigns in interest or control.
14. The site plan review approval shall be made a part of this
decision.
The following plans shall be deemed a 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,
9-4-92
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
hWffi HUI
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
Clerk.
pORTF� 1
0f
is a _.� .. , • OG
10- p
49
�,sSACMUSEtth
NOTICE OF DECISION
l
H� t' x,-
SEP 29 2 5:2 N T
Date, September 29, .1992
.
August 18, 1992
Date of Hearing ,September. 1:. 1992
September 15, 1992
Petition of • ,ST'.Cor�oration .& .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.area. to. serveexisting.nursing,home.
,.......... .............
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to APPROVES ........ the ....SITE.PLN.UVUV....................................
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation Administrator
Assessors
Police Chief
Fire Chief
• Applicant
Engineer
File
Interested Parties
based upon the following conditions:
j
Signed
Jgseph gllgrlgy................
JghA Dr Clpgr....................
.Rtchgrd .Ngrde tjal ...............
.Ri.ghard .P%gxen ..................
.Planning " B oard ........
SLF 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: In - 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 i
Applicant
Engineer
File '
• i � NOFiN 1
KAREN-H.P. NELSONS. Town of
Diror NORTH ANDOVER
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
Mr. Daniel Lone, Town Clerk
Town Building
120 Main Street
2North Andover, MA 01845
Dear Mr. ;,ong:
September 29, 1992
120 Main Street, 01845
(508) 682-6483
Re: The Greenery - Special Permit
& Site Plan Review
The North Andover Planning Board held a public hearing on August 18, 1992, in the
Town Building, Selectmen's Meeting Room, upon the application of SFL Corporation, 75 Park
Street, Norti, Andover, MA and Health Rehabilitation Properties Trust, 400 Centre Street,
Newton, MA, requesting a Special Permit and Site Plan Review approval. The hearing was
duly advertised in the North Andover Citizen on July 29, 1992 and. August 5, 1992 and all
parties of interest were properly notified. The following members were present: George Perna,
Chairman, John Simons, Joseph Mahoney and Richard Rowen. Jolty Draper and Richard
Nardc:la were absent and reviewed all pertienent plans, documents and minutes in the Planning
Office.
The petitioners were requesting a Special Pe under Section 4.122, Para. 17 of the
North Andover Zoning Bylaw. The purpose of the Special Permit is to expand an existing use.
The petitioners were requesting Site Plan Approval under Section 8.3 of the North Andover
Zoning Bylaw. The purpose of the Site Plan Review is for the proposed parking area to serve
the existing nursing home. The prenuses affected are located at 75 Park Street and 2290 Osgood
Street in a Residential -4 (R-4) Zoning District.
The Greenery
Page 2:
John Simons read the legal notice to open the public hearing. Christian Huntress stated
that this application was in- the process of going through the Technical Review Committee.
Victor Baltera, Attorney for the applicant,,was present and introduced Don Buckley,
Regional Director of the Greenery, Katherine Martin, Administrator of Stevens Hall, Al
Vascone, Project Architect, and Jerry Foley, Project Engineer. Attorney Baltera stated that
there were two reasons for being before the Planning Board:
1. Special permit to expand the existing nursing home use to two adjoining parcels.
2. To place a walking and sitting area for nursing home residents on an adjoining
parcel ownedby the Greenery.
The Building Inspector has challenged the current operations of the nursing home. The
applicant is before the Zoning Board of Appeals, appealing the Building Inspectors decision.
John Simons read the second legal notice on expanding the additional use. The
applicant is looking for an approval on the extended use.
Robert Nicetta, Building* Inspector, stated that the nursing home was built in 1972.
Under the Zoning Bylaw in effect at that time, nursing homes were allowed. No Special Permit
was necessary. Under the current Zoning Bylaw, Nursing Homes are allowed in the R4 Zoning
District by Special Permit only.
Jolty Simons read a letter from Victor Baltera, attorney for the applicant. That letter
is available in the file for inspection.
Joseph Mahoney expressed concerns with how the applicant.would expand the non-
conforming use within the context of the Zoning Bylaw. Attorney Baltera stated that he was
asking the Board for a Special Permit for allowing the nursing home in the R4 District.
The Greenery
Page 3:
George Perna stated that the Board had two issues:
1. Site Plan Review
?. Special Permit for a nursing home in the R4 .District and it appropriate "'or that
area.
RObtr t NicGtta, Bulldl.ng Inspector, stated that his decision on the non -conformity Wal
based on three reasons:
1. Change in the level of care, requiring more staff, requiring more park.inQ.
?. Traffic
3. Security
I ire applicant ha.s been addressi,,a all those issues and the Building. Inspector asked that
the Board consider granting them the Special Permit and Site Plan Review Approvals. The
applicant is proposing, 97 parking spaces. The 'Gown requires 63 parking spaces.
Al Vascone, Project Architect, spoke on some of the issues:
drainage - to be addressed by engineer
?. exiting and entering - width of driveway to be expan:ied.
3. fencing - shrubs to be planted or have already been planted.
4. screening parking lot - additional plantin.s to be used
�. sitting area to be accessed from the ouilding, not. the street.
Jerry Foley, Kaminski Associates, engineer zor the project, spoke to the Board on tl-.k-
11 draiva�c. Drainage caicuhaions will i_iC �!F�'eil to Bill IlnlurcialC. D.P. ���. fiii rK �'.C1N'.
Artliur Detora, 246 Pleasant Street. stated that ae %vas Opl)c,)sed to the parkin_ lot. John
Ss;ions asked `,vliat his nzain.concern was. Mr. Duo << stated thlit it was loth-) term. W'jiat the
applicant will be doing in years to come. 'v1r. Detora statedd that ithe proposed is not iii the best
inter(,st to the neighborhood.
The Greenery
Page 4:
Andrew James, 262 Pleasant Street, expressed his concerns with the nursing home belin
appropriate use for the nei ghborhood with its current level of care.
Sarah Mortenson, 2519 Osgood Street, expressed concerns with traffic entering and
exiting in the middle of the hill on Osgood. Street and the cluld.ren going to the Kitterid�_
School. She further stated that in the winter time it was especially hardto make the hill going
toward the school. There is stop sign at the intersection of Osgood Street and. Main Street and
a lot of ti nus car,, have to back unto `_z' Kifs:
David Mcflale, 2S1 Pleasant Street, expressed concerns with the noise created by the
traffic. He also expressed concerns with rodents on his property and the possible cause is the
storage of open garba`,c.
12obert Nicetta read a letter regarding the initial request. for a rest home, dated 197 1.
The'Town had no say in the facility. The State Department of Public Health said there %:as a
need and it was allowed in the Rel District at that time.
Guy McDonald, 279 Osgood Street, commented on the number of parking spaces the
applicant was providing and expressed his concern on the possibility of enclosing the existing
parking under the building and 'expanding the facility.
Bob Hines. 58 Park Street, eNpressed tis concerns with a building on the adjoinin(a
parcel being used as an additional facility for patients. He also expressed concerns wiIL1 lig?!ZtiM
from the parking, lot and the screaming that conic from the facility by the patients.
Cre of the abutters expressed concerns ith the drainage in the area. Joseph Maloney
stated that lie was very aware of the drainage problems.
George Perna stated that he would like to have a site visit and would like to Spend some
time visiting the facility. The Traffic Safety Officer twill be asked to comment on the trallic
issues. Georve. Perna asked Christian Huntress -,when the next Technical Review Committee
was as he wanted to attend that meeting. The next meeting has been scheduled for Wednesday,
August 26, at 10:30 a.m. ivIr Perna will be attending that meeting and report back to the
Board.
The Greenery
Page 5:
Richard Rowen asked if the use factor was the basis for possible conformance. The
answer was no. Robert Nicetta stated that it was an allowed use by the commonwealth of
Massachusetts. There was no expansion oil the number of beds.
Jay Mortenson, 259 Osgood Street, asked that studies be done when school was in
session.
Joseph Mahoney asked if there really was a necessity in a traffic study. Osr.good
Mahoney
Sine}
lives jin the area. and eravk the Board 3n. account of !low hard it is to
;let onto Osgood Street
from one of the side streets.
..,., t
George Perna wanted more input from the various departl,"Cn� on tl�e safety issues. f e
asked that down cast lighting be used and wanted them shown on the plans.
A motion was made by Joseph Mahoney to continue the public hearin ; to September
1, 1992. The motion was seconded by John Simons and voted unanimously by those preseIII
nt.
Oil September 1, 1992 the Planning Board held a regular meeting. The follow'
a, Chairman, John Simons, Clerk, Joiln Draper, Joseph
Members were present: George Pern
Malioney and Richard Rowen. Richard Nardella was absent.
Christian Y_untress updated the Board on the application before them. 1-1,- was asked
by the Board to meet with the Tecllnical Review Committee. A written response gas received
frons the Fire Department. D.P.W. will be reviewing drainage on Park Sheet. There x -%.-,3s 110
written response from the Police Department to date, but a response is expected -
j0111
; Simons read a letter from the Tire Department which is in the file for inspection.
George Perna stated that there were other issues that were brought up at the last
of
meeting. One of them was access to and from the property,
{wren Nelson, Director
Plannin�a & Community Development stated that the applicant will pull the access further away
from the direct line of the house across the street. The Greenery will be asked to provide a
sidewalk on Osgood Street. Lighting will be addressed. Locations
°e storm �� homesme nhe
area was req rested. The D.P.W. will review the aspects of the n
was read from the safety officer by Karen Nelson. i�lo response •� as ;-C)rmally received b}' tla,'
Plannins Board from the Police Department.
The Greenery_
Paae 6:
Revised plans of the entrance and the parking lot were shown to the Board..
Christian Huntress, -Town Planner asked the engineer to move the three van parking
space located on Park Street to the new parking area in the back. He did not want several areas
used for parking, only one designated area.
John Simons asked that the parking area be staked so that the Board could get a better
idea of its location. He expressed concerns regarding the root systems of the existing trees on
the abutting property. Some: of the trees were over 150 years old. George Perna asked how the
applicant would safe guard those trees when regrading was done on the property. He asked
the applicant to show where the sidewalk would be placed. The applicant stated that there was
an existing sidewalk from the Police Station to Park Street.
George Perna stated that he was not pleased with the present lighting on the site.
On the issue of the location of the abutters and screening, John Simons stated that when
he walked the site there were portions of the property that were pretty well screened.
Calculations were done on the 100 year storm event and the design exceeds the
requirements. D.P.W. has the figures and are reviewing the calculations.
Georoe Pcrna stated that the issues discussed were related to site plan review and
renniinded the Board and those attending the public ]fearing that the issue of the Special Pe mit
on the use had not been addressed.
Another issue that came up was additional screening. The applicant will use
arborvitacs. A bond will be set up to ensuring that any tree that dies will be replaced.
John Simons read from the Zonin; Bylaw, Section 10.3, j 0.31.1 & 10.31.2 on Special
Permits and the Special Pumit Granting Authority.
George Perna stated that the Special*Permit Granting Authority in this case was the
Planning Board and that the Board shall not approve any such application for a Special Pernut
unless it finds that in its judgement that all of the conditions are met. If the Board finds that
it is an appropriate use, they can condition the application appropriately.
The Greenery
Page 7:
John Simons asked the applicant if this was the final cap on development if the
approvals were issued_ The applicant stated that there were no future plans. John Simons
reworded his question trying to get some sense of what would be going on at the site. He
expressed concerns with the possibility of the applicant coming before the Board in a few years
wanting to expand the existing building to the parking area and finding a new site for parking.
He wanted some sort of deed restriction or a condition. He did not want to see the same thin;
happen to this neighborhood as did out. on Route 114. Joseph Mahoney stated that he was in
agreement with what John Simons articulated.
Arthur Detora, 242 .Pleasant Street, stated that he was opposed to the plans before the
Board. He did not see that this was a benefit to the neighborhood.
John Simons read a portion of a response from Town Counsel on the use issue.
"It is my opinion that a change in the use of the facility of the nature and extent you
have described may be determined by the Building Inspector to be so substantial as to
result in the loss of its legal nonconforming status. If this determination is made, it is
my opinion that the current New Medico use may not be lawfully operated under the
current Town's Zoning Bylaw until a special permit and site plan approval have been
granted by the Planning Board for the facility, as a new use, pursuant to Sections 4.1.22,
8.3 and 10.3 of the By -Law."
George Perna stated the Board of Appeals was not going to act on the Building
Inspector's decision. The issue before the Board is, "is this a proper use in the neighborhood."
The level of care has changed from Level 4 to Level 2. The Bylaw does not address levels of
care under Nursing Home/Convalescent Homes.
Robert Nicetta, Building Inspector stated that he has been working on this project with
Daren Nelson. Director of Planning & Conununity Development for the past few years. The
previous owners did not respond to requests or calls, The present owners are trying to work
with the neighborhood and have met with them to try and resolve the issues. He further stated'
that the Buildin * Permit was issued in April,'1972. The facility was already built. The pern;it
was issued the same day the State inspected the facility.
The Greenery
Page 8:
George Perna stated that the issue being addressed at the present time is "use". He went
on to say that the action of the Building Inspector was appropriate. The action of the Board.
of Appeals was also appropriate and they are waiting for the Planning Board to make their
decision.
George Perna went over the options of the Planning Board:
I
Tom--- t• .L n'.., t. _
L i...e.hy the. Special Permit aiiu. due Site Peau Review.
2. Approve both the Special Permit and the Site .Plan Review.
3. Approve the Site Plan Review and deny the Special Permit.
4. Approve the Special Permit and deny the Site Plan Review.
The Building Inspector's action was due to additional parking in the current Zoning
Bylaw.
John Simons expressed concerns with granting a special permit which would allow for
further expansion of the nursing facility.
John Schrier, 267 Osgood Street, expressed concerns with the noise and a safety factor.
Siairley Robert, Park Street, expressed her concerns with the investments made by her and her
neighbor. even though smaller than the Greenery's investment, still important to them.
Christian Huntress stated that under Special Permits in the Zoning Bylaw, limits can be
placed in a decision as to the size of the facility.
Letters were supplied to.the Board by the neighbors and are part of the file.
A notion was made by Joseph Mahoney to close the public; hearing on the Special
Permit and the Site Plan Review and take the matter under advisement. The motion was
seconded by John Draper and voted unanimous by those present.
On September 15, 1992 the Planning Board held a regular meeting. The folloNving,
members were present. George Perna, Chairman, John Simons, Clerk, John Draper, Joseph
'Vtaiioney, Richard Nardella and Richard R.owen.
The Greenery
Page 9:
Copies of a draft decision were given to the Board by John Simons.
Jolty Situons went over six choices that the Planning Board should consider. Triose
choices were:
1. Approve the special permit and site plan milh prohibition against future
expansion on the site.
Approve the special pe.:tnit 4tntl site platy withoul prohibition against future
expansion.
3. Reject both the special perxuit and site plan by fttzding that the proposed use will
adversely affect the neighborhood.
4. Approve the special permit as it pertains to the original non -conforming site on
75 Park Street. Reject the expansion of the use onto 1-90 Osgood. Street (and also
59-61 Park Street)
5. Combine Choice 4 with a co=litment by the planning Board to evaluate the
entire Park Street; Pleasant Street, Osgood Street and Main Street arca for
appropriate future development.
G. Request applicant to withdraw the application and perform study..
John Simons stated that by granting both permits would be doubling the area and allow
the use to continue. Joseph Mahoney stated that was the natural progression of change. John
Draper stated that it would make a difficult situation better.
During the discussion of the draft decisions on the Special Permit the following items
were added:
1. Condition #1 - Limit the number cif beds. - See D.P.H. License
2. Condition. #' - Add - Limited to only non-medical supplies storage.
3. Condition #3 - Add - on plans dated.
The Greenery
Page 10:
4. Condition #4 - Change times to read 9:00 a.m. to 7:00 p.m.
5. Condition #6 - Maintaining no parking along Park St., Pleasant St., or Osgood
St.
6. Condition #7 - Change time of 11:00 p.m. to 11:30 p.m. Fixtures to be approved.
after construction
Site Plan Review
1. Condition #I through Condition #3 - Boiler plate on screening and bonding.
%. Condition #5 - Adding - Mark trees in field to be preserved and stake the lot
prior to construction. Check Randone property, may need additional screening.
3. Condition #9 - Add - at entrance to lot.
4. Condition #10 - Eliminated
5. Condition #I I - Add - Stop sign
6. Condition #12 - to be added - Drainage to be approved by D.P.W.
A motion was made by John Draper to approve the Special Permit subject to the draft
decision and discussion. The motion was seconded by Joseph Mahoney. George Perna did not
vote. Those in favor of the motion were John Draper, Joseph Mahoney, Richard Nardella and
Richard Rowen. Opposed was John Simons.
A motion was made by John Draper to approve the Site Plan Review as drafted and
amended addressing the lighting on the building and special attention to the screening of the
Randone Property. The motion was seconded by Joseph Mahongy and vote unanimously by
those present.
4
The Greenery
Paoc 11: r
Attached are those conditions.
cc: Director of Public Works
Building Inspector
Health Agent/Administrator
Conservation AdM. � istrator
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
Sincerely,
Planning Board
Georgc Pera,airman
KAREN H.P. NELSON Town of
D"wto' NORTH ANDOVER
BUILDING`'�;;t�°
CONSERVATION DMSION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
April 16, 1992
John Kenney, Administrator
Stevens Hall/New Medico
75 Park Street
North Andover, MA 01845
Dear Sir:
120 Main Street, 01845
(508) 682-6483
New Medico's facility presently does not conform to zoning since the town amended it's
Zoning Bylaw and changed the status of nursing and convalescent homes from a permitted use
to a use allowed only by Special Permit. Recent changes to New Medico's operations
constitute an unauthorized and therefore impermissable alteration of the non -conforming use
as it existed when the Zoning Bylaw was thus amended.
This is confirmed by the following observations. On September 19,1991 representatives
of Steven Hall/New Medico (Messers. John Kenney, Peter Brown, Attys. Charles & John
Trombly) met with Mr. Kevin Mahoney, Ms. Karen Nelson and. Mr. Robert Nicetta, all
representing the Town of North Andover and the immediate residents of the "Stevens Home"
area. The citizens committee voiced strong complaints on overflow street parking, constant
delivery truck traffic, and poor patient security at this meeting. In response, questioned on the
number of employees, Mr. Kenney stated that the facility had one hundred sixty (160) full and.
part-time employees, divided into three shifts, seven days a week, plus patient visitors. At the
present time the facility has approximately thirty (30) parking spaces available.
I believe, based upon the.evidence of inadequate parking, constant delivery truck traffic,
and poor patient security, the New Medico facility can not pass the three part test of legal non-
conforming use, grandfathered under G.L. C40A, Section 6 and Section 9 of the North
Andover Zoning Bylaw. The three part test being:
v ..
Page 2:
1. That the head trauma treatment center reflects the naturr wW purmw of the
nursing home use as it existed before the 7ontng amuxlmrttt rare trap+ Cf Cd
which established the special permit rcqutrcmcni for numing htmx AOd
convalescent home use in the District; and
2. That there is no difference in the quality or charactct, a.-. wrll a -s the dcgrer rf u:Ic
of the property, and
�. That the current facility is not different to hind to its clIcO till the nctghtwth`-i.
Therefore, Stevens Hall/New Medico can no longer lckaily operate unlet the I own'%
zoning unless it applies for and obtains the proper permits pursuant to the North Ando%'cr
Zoning Bylaw.
The Special Permit Granting /authority (1►)x5/1 �) for nursing and convnlcu. -cttt pane=s
according to 2.65 of the Zoning Bylaw is the I'lanning Iloard.
You have thirty days from receipt oi' this letter to Ali& by this ►lecision.
You have a right to appeal this decision through the North Andover lnntng Iloard (11'
Appeals.
Very truly yours,
1). Robert Nicetta,
Building Inspectori
zoning I:nforcetnent Offtccr
Return/Receipt
cc James P. Gordon, 'Gown Manager
Karen I-i.P. Nelson, Dir. Planning & Community Development
Joel Bard, Esq., Koplenian & Paige
Andrew James, Pleasant St. Resident
bn
-J'()wn
he 0'i ICC of the
fl i'T
(> - - 0 1
WORK,
APAILM
'-"o. 1855
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
NOTICE OF DECISION
RE,,! -!,MLS,
r
V
T
DEC 15 11 2.5 0�1 T
Date ..December .15- x.992 .......
Petition No ...... Q247-92 ...........
June 9, 1992
Date of Hearing. August. .1-1, .1992.
October 13, 1992
December 8, 1992
Petition of ...New. St.exens. 11al,4 . Izc ....................................................
Premises affected ....7.5 Park. Street ............ ........................................
as a Party Aggrieved
Referring to the above petition MIXMIMIMUOIX for. a. review.
.of .a. decision. made by. the. Building. Inspector. -which. determined. -that - the. existing
�XjWN4*1MU use.. re -quires. a. Special. Kermit. ........................................ .
After a public hearing given on the above date, the Board of Appeals voted to ............
ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE.
..................................... Ym&twebYD=kwWXAbVJftM
)w!HffiKM ...............................................................................
Signed
Wi am Sullivan, Vice-chairman
...........................................
Reymond Vivenzio
...........................................
Louis Rissin
.........................................
John Pallone
......................................
.................................
Board of Appeals
Li i
t
i"i file C) ice UI
l
� �r���.�•ti `Ti
[� w
ARu.V
,YER
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
***************************
*
New Stevens Hall, Inc.
75 Park Street
North Andover, MA 01845
*
***************************
rEC �� 11 25
Petition #024-92
DECISION
The Board of Appeals held a public hearing on Tuesday evening,
June 9, 1992 continued to August 11, October 13 and December 8,
1992 upon the application of New Stevens Hall as a party
aggrieved for a review of a decision made by the Building
Inspector which determined that the existing use requires a
Special Permit on premises located at 75 Park Street. The
following members were present and voting: William Sullivan,
Raymond Vivenzio, Louis Rissin and John Pallone.
The hearing was advertised in the North Andover Citizen on May 27
and June 3, 1992 and all abutters were notified by regular mail.
The petitioner stated this matter has been resolved as a result
of recently completed Special Permit proceedings before the
Planning Board.
Upon a motion made by Mr. Vivenzio and seconded by John Pallone,
the Board voted, unanimously, to allow the petitioner to WITHDRAW
WITHOUT PREJUDICE.
Dated this 15th day of December 1992.
BOARD OF APPEALS
William Sullivan
Vice-chairman
y
AORTH 9
Q t1lE° .6 �Q
Q
SA US
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
MEMORANDUM
TO: James P..Gordon, Town Manager
FROM: Frank Serio, Jr., ChairmaR
4
DATE: February 14, 1992
SUBJECT: STEVENS HOME/NEW MEDICO
As you know, Town Counsel has rendered their opinion and have provided a course of
action for the Town to take regarding the many issues surrounding the New Medico facility on
Park Street. The members of the Board of Appeals reviewed their input at the February 11,
1992 meeting. The following people were present: the neighbors, Mr. John Keeney from
Stevens Home, Robert Nicetta and. Karen Nelson.
During the next month prior to our March meeting the Division of Planning and
Community Development staff will be researching the conformity of the use as it existed before
the zoning amendment requiring a special permit, and as the facility presently exists. However,
an interim measure was suggested to alleviate the on -street parking problem, as it presents a
safety and nuisance problem for the residents of the immediate area. It is recommended that
the Selectmen impose an immediate" No Parking Regulation" or "Resident Parking Only"
limitation in the immediate area until a permanent solution can be made.
Mr. Keeney agreed with the Board members suggestion that the Board of Selectmen
consider imposing some form of parking prohibition on Part Street as noted on the last page
of Counsel's response. Mr. Keeney stated that this would force his employees to use the Buco
parking lot at the end of the street and supported. the idea, along with the neighbors.
Page 2:
Stevens Home/New Medico
If you need any additional information please let me know, or contact Karen Nelson.
Please place this item on the Board of Selectmen's February 18th agenda.
FS/kn
cc: Karen H.P..Nelson, Director, Planning & Community Development
Robert Nicetta, Building Inspector
Received by Town Clerk:
• j
f
( TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS (508) 685-3372
j APPLICATION FOR RELIEF FROM TILE REQUIREMENTS OF THE ZONING ORDINANCE
New Stevens Fall, Inc.* 75 Park Street
Applicant and SIX'. -Cor oration--------- AddressNOrth Andover, YA.
-----„
1. Application is hereby made:;
i v7 x7
a) For a variance from the requirements of Section Paragraph -1
j and Table of the Zoning By Laws.
jr-
b)
r"b) For a Special Permit under Section_Paragraph of the Zoning Co �-_r
By Laws. --' rn ca rr;
c) As a Party Aggrieved, for review of a decision made
by
the
Building Inspector or other authority. See attached letter
r dateC
F,)
April 16, 1992.
2. a) Premises affected arc land- X - -
X. -and building(s) X numbered
75 ParkStreet.
—
' .
. b) Premises affected are property with frontage on the North ( )
South (X) East ( ) West ( ) side of__P_a_r_k__
Street, and known as No. -15 Park_ _ = __ __ Street
c) Pxemises affected are in Zoning District'R4 , a:id the premises
affected have an area of 461-332 square feet -and frontage of
221.76 teet.On Park Street -ane? 161.05 feet on Osgood Street.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Health and Rehabilitation Properties Trust, 400 Centre Street,.
Newton; -------------
Date of Purchase May 11,-1992 -Previous Owner Nell Stevens Fall, Inc.
b) If applicant is not owner, check leis/her interest in the premises:
_-P'rospective Purchaser X Lesee X Other (explain)
4w Size of proposed building: N/A - -front; feet deep,
" Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
------------
' c) Type of construction:
5. Size of existing building: 16_8 feet front; _160__fef!t deep;
Height —2—_stories;
`'— tett.
' a) Approximate date of erection: 1972; addition in 1986.
b) Occupancy or use of each floor: nuns* home
c) Type of construction: 1B
:f. G. Has there been a previous a�pcal, under zoning, on the. premines?
Yes. If so, when? Mev 1986.
Special permit granted for addition in 1986.
New Stevens Hall, Inc. occupies the Premises under a lease and occupancy
-agreement with the landowner, New Stevens Fall, Inc. also holds the license
to operate t -ie nursing home at the Premises and received the Building
Inspector':s decision which is under appeal. SLF Corporation, a subsidiary
of the Greenery Rehabilitation Group, Inc., is managing the nursing home
under an interim management axreement and has an aoree_nent with. the landowner
to lease the Premises upon obtainina a license from the- Departr:zent of Public
Health.
r �' etitloner r ests that
,,7, esc i tion of relief ought on this petition equ i
�Yle 3opar overrule ding Inspector's lettez:,,.o _ pril-ISI —u ich.
;;determines that the existin�se of Premises requires-a-sveciAl r�ermit:.`.
es ----
B. �.� Decd recorded in the Registry of Deeds in Dook7'°-.' * Page
�'• Land.Court Certificate No. Book PagQ .';
*Instrment No. 13383,• may =., Tn2.
The principal points upon which I base•my application are as follows: /
(must be;stated in detail) ;
Please' see* Attachment 1.
':;'I agree to pay the filing fee, advertising in newspaper, and incidental
expens s*
"A
• i iq-6, ture of• atftio
!�er(s
,Every application for•action by the Board shall be made on a form approved
by - the Board. These forms shall be furnishes) by the Clerk upon request.
!Any communication purporting to be an application shall be treated as mere
'notice of' intention to seek relief until such. time -as it is .made on the
official application form. Alt information called -for by the form shall
be furnished by the applicant in the manner %herein,.:prescribed. t
Every -application sliall be submitted with a list of "[�actics In Interest
;which list shall include .the petitioner, abutters, owners of land directly
;opposite on any public or private street or way,' and abutters to -the
,abutters ,-within' three hundred feet (300') of the property line of the
'petitioner as they appear•on the most recent applicable tax list,
.notwithstanding 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.
*Every application shall be submitted with an application charge cost in'
:the amount -of $25.00. In addition, the petitioner shall ba responsible
:for any and all costs involved in bringing the petition before the Board..."'
:''•rpt Such, costs shallinclude mailing and publication, but are not necessarily.-
' limited to these. 1
Every application shall be submitted with a plan of land approved by the :jI
Board.- No petition will be brought before the Iloard unless said plat, has
been submitted. Copies of the Board's requirements regarding plans arc '
attached hereto or are available from the Board of Appeals upon request. 1
LISP OF PARTIES IN IvrEREST
VSe Alcxf
Victor N. Baltera t' -
Sullivan & Worcester
One Post Office Square, 22nd Floor
Boston; -Massachusetts 02109
Tel:. - (617.) -338=20 5.
Attorney for Petitioners
New Stevens Hall, �nc.
and SLF Corporation
Attachment 1
Stevens Hall is a protected nonconforming use in that it
predates the provision of the Zoning Bylaw requiring a special
permit to operate a nursing home in a Residence 4 district.
The Building Inspector's letter incorrectly asserts that
"recent changes" involving the presence of head -injured patients
constitute an unauthorized alteration of the nonconforming use.
In reaching his decision, the Building Inspector has incorrectly
applied the relevant legal standard and is mistaken in his
description of the facts. Stevens Hall has done nothing to lose
its protected nonconforming status. The presence of head -injured
patients does not establish an impermissible change in the
nursing home use.
Stevens Hall has always been and continues to be a nursing
home --a facility providing long-term care to persons needing such
services under proper approvals from the Massachusetts Department
of Public Health. The reasons given by the Building Inspector --
parking, deliveries, patient security --are not legally sufficient
to show that there has been a change in the nonconforming use.
Currently there is no significant problem with parking, and
any problems which previously existed did not constitute an
impermissible change in the use. Further, there has been no
increase in deliveries due to the presence of head -injured
patients nor are patient security needs different in any
significant way. In short, the facility continues to operate as
a nursing home.
In addition, under Section 3 of Massachusetts General Laws
Chapter 40A, the Town may not discriminate against a disabled
person. Therefore, the Town may not require a special permit
for use of a facility like Stevens Hall by head -injured (i.e.,
disabled) persons which may be used as of right by those who are
not head -injured.
• KAREN H.P. NEI SON
Dirra•(nr
BUILDING
CONSERVATION
PLANNING
Extended Pa Ke
07 -.� (O�J-R
A 0. Pil k
� . Town of
NORTH ANDOVER
uivI.S:cA cm
PLANNING & COMMUNITY DEVELOPMENT
April 16, 1992 -
,Jolty Kenney, AdnunistrFator
Slemis Hall/New Medico
!' 1 Park 51 T ant
North Aiid.cwer, MA 0194S
Dv.ar Sir:
120 ViGsin Street, 01845
(508) 682.6483
New Mediuc>' fat:ilit.y prc Bundy doesnoi c oitfo tm to v.caning, since tht, lowu amcSt&A (i's
Zoning Byiaw tnid cha.ng d. the. stat.as of nursing and convalescent ho>mcs frcalu n lM.tM11Ccf usC
to a use allowed only by Spcc;ial t}crinit• .Rcx;cnt uhaagc:s to New Mc dicx►'s opertatIMIs
constitute an unauthori<ed and thcreforeimpca-ntissable.i'dicratimi of fln non-conf'orminf', aasc
tas it existed wh(•n the Zoning Bylaw was thus amexid(,d.
'lliis is Coll fir.med by ttic following obsQrva tions, 01) ScPicttaber WJ I.N 1 repi'C'n alai ivcs
or Stevan Hall/New Medica (Messrs. John Kenney, Petc•.r .Brown, Atty5. C lumks & John
•I'.ro-In >ly) atiet with Mr. Kevin Mahoney, Ms. K.t.ren Nelson and Mr. Robert Nicca, all
repre.stmfing the Town n1'North Andover and the, immediate; residents oft tic "Stc-ven5 TIomc"
area. 'the cilizC'ns Colimlittue voi", strong L:,mnpinints on overflow street parking, const.aril.
ddivcry Mick tralfc, and poor patient security at this ineding, fn rc:spnse, quostionc-d on the,
rauMber cf e-lnployws, Mr. Kenney sta-uxt thaI the facility had cane hrtaiclmd sixty { 1GU) fill? .and
part-nme employees, divided into three shifts, smn days a week, plus patient visitors. Atthe
pmsmt time: ilio; facility has approximately thirty (30) parking spacvs avtail:able.
I believe, mcd upcsn tlae evideaxxc oaf inadegtiate paging„ ce).nsluni dcliveiy truck Iraffic,
a.aacl poo) patiunt stx.urily,112c Ncw Medico Ceacility can neat pass they three pay I. test offs t) l nom..
1,011f.`orming use;, grtandfa.thered untl.cr G.L. CAOA, Swaim 6 and Scut.ion 1) of Ilia North
Andover ZoningBylaaw. •f'hc Mime, pan test being:
v
ExtnJeJ Pa We
1, iliat Clic head trauma trc 11mcrlt wiper ('C:1lmA." (ltu ualurc .1111d ptirl+i»►: 0 ilic
1.1111 sing Iwjj)(. use, as it vxist.r..d hdorc N. calllc into cifcia
which c'slablished thr spc•.c•,ial 1w.rritil rt;c(ttirc:ttxc ir{ fol nursivip, luomo alld
Coll vEtles("ellI home usc: it) the. District, unci
`T'htat du'rc is no diffc.rc:ricc. in Ibc dualit.Y or charac"lur,, :is well a.s the deg)-c:c A use.
Of the property, and
i h,>t ttic:, Ct. nt facility is n<�i iiitfcrc:nt it,, kiEsd in its clYi:c:t oil 1110 ttci�r,lbof hood.
flu ec.tc�.rr., 4tcvrt�s 'I t:All/M,.w McilWO L;an no lont;c:.t` le..f�,ally i>4�ca-,ac kuldc.r
zoning urEicss i{ applie.s roll. and obtains the: proper purmil.s pursuan! to ilio. North AodovoE
f.o111t1g Bylaw.
' 1'hc. special t'c:r.tnit (;rant aft Authorilf, .11, nnrsinI! acid c:r}.ova ?c'scc.Ql r�e,lni,�
:tc cord.int, i > ��.(). i rule /(),lint; l3ylaw is l.!.lc (Tailing E3�saE•cl.
Ymi liavc: thirly (gays fro rt rtwpl of this latter to abidv by this cicc.isioil.
Yc.0 haver rleht to appeal this decisiota through thc North Andowr Zoning Board A
A ppc cls.
Foxy truly your.;,
D. Rolx,rt. Niccita,
:fiudding 1nspvc tor/
%.(mint+, Eulforccuien{ Oflic:c:r
i.c Jiit.ncs i'. ( \ordon, Town Maj)"lgc•.r
Karen I IT. Nelsen, Dir. Planning ct1. ( `c>ttruitttii1V Devclool.w.11
.10C11 Ba) -c1, FIN., .K oplctna.n & Paige
Andrew .lame~, Pleasant Resid.ml
r
II y •
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY"
MAP IPARCEL ILOT NAME Health and JADDRESS 400 Centre Street
85 13 1 lRehabilitation Properties Tn4t Newton, M. 02158
ABUTTERS ,:,f:-':
MAP
PARCEL LOT
NAME
ADDRESS
85
51
Douglas L. Ramsden,
290 Osgood Street
Sheila C. Ramsden
N. Andover, MA
58B
37
Town of North Andover
120 Main Street, N. AndoverMA
85
41
David T. McHale,
251 Pleasant Street
Annette McHale
N. Andover, MA
71
47,48,50
New MediCo Holding Co., Inc.
150 Lincoln Street, Boston,MA
85
40
Andrew M. James,
262 Pleasant Street
Deborah W. James
N. Andover, MA
85
50
Shirley Roberts.
60 Park Street, N. Andover,MA
71
46
Carrie L. Pszybysz,
55 Park Street
Thomas F. Pszybysz,
N. Andover, MA
Paul M. Battaglia
58
26
Jeffrey J. Buxton,
7 Court Street
Rosemarie Buxton
N. Andover, MA
58
29
'-TUaTa-r-d W. Latarte,
15A Court Street, N. Andover
58
29
Alice Le -Tarte
15 Court Street, N. Andover
58
13
Giles M. McDonald,
279 Osgood Street
Laurie B. McDonald
N. Andover, MA
95
11
Robert P. Dulude,
16 Court Street
Phyllis I. Dulude
N. Andover MA
95
47
R & L Family Trust
321 Osgood Street
,C/o Richard C. Lafond
N. Andover, MA
71
28
Richard R. Blain,
47 Park Street
Kathleen Blain Mohan
N. Andover, MA
71
45
Charles S. Randone
530 Main Street, D?. Andover
71
39
John J. Cushing-
524 Main Street, N. Andover
71
47,48,50
Health and Rehabs station
400 Centre Street
Properties Trust
Newton, MA 02158
Planning Board of N. An over
120 Main Street,N:Andover,MA
Planning Board Of Haverhill
4 Simmer Vit, Rm -201,' Haverhill;
Planning Board of Boxford
28 Middleton Rd,Boxford,MA 01
Planning Board of Middleton
195 N.Main St,M.iddleton,MA 01
Planning Board of N. Reading
235 North St,N. Rea inq,MA 0
Planning Board of Andover
36 Bartlet St,Andover,MA 018
Planning Board of Lawrence
200 Common St,Lawrence,MA 018
Planning Board -of Methuen—r-9-0--Hampshire
.St,Methuen,MA 01
1845
A 01830
21
49
64
0
44
Received by Town Clerk:
i •
I-
' j TOWN OF NORTH ANDOVER, MASSACHUSETTS
'
BOARD OF APPEALS (508) 685-3372
j APPLICATION FOR RELIEF FROM TiIE REOUInEMENTS OF THE ZONING ORDINANCE ,
New Stevens Ryall, Inc. 75 Park Street
Applicant and SLF_._Cor brAtion---- Address North Andover, MA
1. Application is hereby made:
i
a) For a variance from the requirements of Section Paragraph .,
and Table of the Zoning By Laws.
b) For a Special Permit under Section_Paragraph of the Zoning
By Laws. - —' �
c) As a Party Aggrieved, for review of a decision made b the
Building dated( -'O" or other authority. See attached by
datedr '-17 C-.)
April 16, 1992.
2. a) Premises affected arc land X and building(s) X �' c�-`r�`:� •�-
75 Dark ---- g(s)numbered ra
b) Premises affected are property with frontage on the North ( )
South (X) Eant ( ) west ( ) side of Park
Street, and known as No.— 75 Park_
C) Premises affected are in Zoning District_N , and the premises
affected have an area of 46 332 square feet -and frontaric of
221.76 fect.bri Park Street -and 161.05 feet on Osgood Street.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Health and Rehabilitation Properties Trust, 400 Centre Street,,
Newton; Pd-ssa-c-TuseUU --02258------------ -----------
~ Date of Purchase may 11,-1992 -Previous Owner New Stevens Hall, Inc.
b) If applicant is not owner, check his/her interest in the premises:
_-Prospective Purchaser X Lcsce X Other (explain)
4.; Size of proposed building: N/A - -front: feet deep:
" Height stories: feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
c) Type of construction:
S. Size of existing building: 168_- feet front: 160 fe.:t (l(:r•p:
Height 2 stories: 22 Icct.
' a) Approximate date of erection: 1972; addition in 1986.
b) Occupancy or use of each floor: nursiTICT home r
c) Type of construction: 1B
G. Has there been a previous appeal unrhor zoning, on the ne prcmi ncs?
Yes. _ If so, when? Nav 1986.
i 1 Special permit granted for addition in 1986.
*New Stevens Hall, Inc. occupies the Premises under a lease and occupancy
agreement with the landowner. New Stevens Hall, Inc.. also holds the license
to operate the nursing home at the Premises and received the Building
Inspector',s decision vhich is under appeal. SLF Corporation, a subsidiary
rp
of the Greenery Rehabilitation Group, Inc., is managina the nursing hone
under an interim manager ent ac?reerient and has an agree rent i•.,ith the landowner
.to lease the Premises upon obtainina a license from t_re Department of Public
Health.
etitioner r _ eats ' that
„ 7, esc i t'on of r lief ught'on'this petition �•
:s�•:.. •, tae �opard overrule Building Inspector's , letteq.o prI
' : ' � te
dermines that the exi.stin use of Premises rquires- a7 soeci.alrjermit..'
8. �..� Decd recorded in the Registry of Deeds in Book`•° * Page
Y :.Land.Court Certificate No. Book Page ;
• :'" *Instru> nt No. 13383,• May -1'£; _M2.
The principal points upon which I base my application are as followst
.(must be stated in detail)
777 Please' see' Attachment 1. •� '
':,'I agree to pay the filing fee, advertising in newspaper, and incidental
' expenses*
• � t S'i natu oL� Peti too er s -,,•
9
;Every application for'action by the Board shall be made on a form approved
by -the Board. These forms shall be furnished by the Clerk upon request.
,Any communication purporting to be an application shall be treated as mere '
'notice of intention to seek relief until such. time -as it is.made on the
official application form. All information •called for by the form shall
be furnished by the applicant in the manner'khereinuprescribed. t
I .tS . �.
•,Every -application shall be submitted with a list of "Parties In Interest"•
which list shall include .the petitioner, abutters, owners of land directly
;opposite on any public or private street or way,' and abutters to the
Iabutters;within'thrcc hundred feet (300'j of the property lido of the
'.pot iti'oner as they appear•on the most recent applicable tax list,
notwithstanding 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.
'!Every application shall be submitted with an application charge cost in'
;the amount -of $25.00. In addition, the petitioner shall be responsible '• . :;',;
;for any and all costs involved in bringing the petition before the Board.;:•'
:'•r►= Such,, costs shall include mailing and publication, but are not necessarilyil5
limited to these. '1
Every application shall be submitted with a plan of land approved by the ~• ��:�
6V
Board.• No petition will be brought before the Board unless said plan has ..�
been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request. �t
LIST OF PARTIES IN IN'PEnEST
V se V AT -
,V}
Victor N. Baltera -
1 Sullivan & Worcester
Orie Post Office Square, And Floor
Boston; -Massachusetts 02109
Tel::' -1617)0302945s 07 -
MAW •j•'. Attornev for Petits overs
New Stevens Hall, ' C.
•t
and QF Corporation
Attachment 1
Stevens Hall is a protected nonconforming use in that it
predates the provision of the Zoning Bylaw requiring a special
permit to operate a nursing home in a Residence 4 district.
The Building Inspector's letter incorrectly asserts that
"recent changes" involving the presence of head -injured patients
constitute an unauthorized alteration of the nonconforming use.
In reaching his decision, the Building Inspector has incorrectly
applied the relevant legal standard and is mistaken in his
description of the facts. Stevens Hall has done nothing to lose
its protected nonconforming status. The presence of head -injured
patients does not establish an impermissible change in the
nursing home use.
Stevens Hall has always been and continues to be a nursing
home --a facility providing long-term care to persons needing such
services under proper approvals from the Massachusetts Department
of Public Health. The reasons given by the Building Inspector --
parking, deliveries, patient security --are not legally sufficient
to show that there has been a change in the nonconforming use.
Currently there is no significant problem with parking, and
any problems which previously existed did not constitute an
impermissible change in the use. Further, there has been no
increase in deliveries due to the presence of head -injured
patients nor are patient security needs different in any
significant way. In short, the facility continues to operate as
a nursing home.
In addition, under Section 3 of Massachusetts General Laws
Chapter 40A, the Town may not discriminate against a disabled
person. Therefore, the Town may not require a special permit
for use of a facility like Stevens Hall by head -injured (i.e.,
disabled) persons which may be used as of right by those who are
not head -injured.
KAREN H.P. NI;I SON
BUILDING
t:ON Sh:kVA'I'IO,w
PLANNING
' Town of
NORTH ANDOVER
�
PLANNING & COMMUNITY DEVELOPMENT
April (6, J 992 -
.John Kcrtrtcy, Administrator
Sic: m, 11,1.1.1/Nm Maiico
7/ Rut SI rt;cst
Nm-th Andover, Mit 01945
Dc.ar Sir:
k_xtvnded Page
120 Malin Street, 01845
(508) 682-64133
New .Medico's fac.:ilit.y prusmt.ly does not town ttmuduii Ws
Inning Byt<.t\v and chanW d. the staws of nursing and convalescent homes from ai pt-,r-tnil.lcd ttsc
to a usc allowed only by Special Permit, :RcAxnt chat.itj cs to New Mcdiu>'s ope:ratiotts
constitute an unauthorized and of the, non-c(uifontliny, ►tsc
ws it cxisted whota the Zoning Bylaw was thus amended.
'lllis i's con fir.n ed by the following observations, OD Scpteltiber 19, 1991 represe.tit:tl ivcs
of Siv.ven Hall/New Medica t;. esscrs. John Kenney, 1'etr.t Brown, Attys. 0iau•le-s k John
'Et•o.Inhly) suet with Mr. Kovin Mahoney, Ms. Karen Nc.lsctn and Mr. Robert Ni(:c'.tta, all
rcprt�s(:.ntinl� t,lic Town o1'Nc�rth Andover and the immediate residents of the " 4tcvens T l oinc"
,area. The citivcns c0111rnittee voicxxi strong c:,mmplaints on overflow st.rcct pa.rkmi g, Constant.
dulivc:r•y tntck traffic, and Poor, patient security ar this rnccting. In reslxmse, y\ estionc•.d ml the.
nun'the), oft.:inployms, Mr. Kenncy stated that) the facility had one hundrml sixty ( l60)1'ttl) ;and
Dart -time employees, divided into three shifts, levo days a week, plus patient visitors. Atthe
prc,r.nt tient: tic facility has approximately thirty (30) pa4ing spaces ttvailable.
I believe, b" upon the evideme of inadequate parking, cc t.astant dclive.Jy I ruck t raflic,
and poo) patient seg urity, the Now Medloo f:>cility can not ps+ss ffiv 11iree pits t. nisi, of it.to!. ►t<,tt
C011farming use:, Vr,,mditi-thered und-er GL. 3.;41?A, Scction 6 and Section () of ,lir N"ofth
Andover Zoning Bylaw. The (lime part. test being:
Lxl,�!Idcd Page
iliat tilt; lic;ad tramw trealmcnt. Ccntc,r rcfleols til;; uaturc.:. Dd porftost, cel rltc
rtt�ttiint! lx)nx� use as it cxist.rd hdorc: Ihi, v,cst)irtp ttttte1x 11le-1tt callic into � ifria
MIA c'slablished thr sV"u,ial irGtllcllt fiu tttIrI v:ill o 41t16)
colwales "eill Mine ity(: it) tlie• l )istrirt; and
?. a'h�:�t tltc'rt• is nc>clif'Tc rc:r►ce. 3n fltr duality cn cilar.'it:•tt r., :is well n.8 ihc.dck��'c:r..sf u,c.
of, tiff; pt•opc ly, and
t'Ji,it flu airront fl-wilify,snot dit"fct-cill itt klild in it�,c:lf'ix;t oil 011 ' ucighbof hood.
l he re.lc.rr.. �Stcvrati 'f fall/Nt,.w *M Ga c:an no Lun t r lc.f�,ally <,f�cr:�tr ►t.t�cic.r tati:'i'�,r� n a
ZOl Y19 Wilt:ss if aiaplirs ►>r .tud t>bt�►i.as tilt; pro pt�r pertuits pursuant to flit; North Ar 1( v,'t
L.c,ring. Bylaw.
OIL. !-,Fxx:ial 11i. -fl -ail ()`ranunj! Authorify {l985/f-S)t6r.iwrsing ,site e:.t,.nvftic �i:c,nt int,u�i.�
:tccorditig to 2.65 ()f'tlte /(),lint; Bylaw is the Maiming Wiard.
Yo -o havc; thirty (iay.:ii-t>Ti) rc*0111 cif this lcttcr to ,►bldv by tills dccisi().
Y011 fcuvc';t right 10 attipeul this decision through th.c; North Andowx Zoning Board of
Wxy truly ynt.trS,
D. Rolvrt Nivc-11a,
fiuIldirtg Tttspcetor/
:/.doing Fuiforce ae)-►f 0l1` x;r
lift urri/Rt•nt'iPt
i.c iittncti �'ordon, Town Mautit;cr
Karen I IT. Ncisc►n, Dir. Planning & ( o"'I"I'Dily f)c V(`loP1I'trr.)1
Joul Bard, F?sq., .Koplemail b't Paige:
Andreru Jillilcs, Pleas,int St. Rcsidmt
L
1
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY
MAP IPARCEL ILOT INAME Health and—
ADDRESS 400 Centre Street
85 13 Rehabilitation Properties t Newton, •MA 02158.
ABUTTERS:;��;�:
MAP
PARCEL LOT
NAME
ADDRESS
85
51
Douglas L. Ramsden,
290 Osgood Street
Sheila C. Ramsden
N. Andover, MA
58B
37
Town of North Andover
120 Main Street, N. Andover,
85
41
David T. McHale,
251 Pleasant Street
Annette McHale
N. Andover, MA
71
47,48,50
New MediCo Holding Co., Inc.
150 Lincoln Street, Boston,MA
85
40
Andrew M. James,
262 Pleasant Street
Deborah W. James
N. Andover, MA
85
50
Shirley Roberts.
60 Park Street, N. Andover,MA
71
46
Carrie L. Pszybysz,
55 Park Street
Thomas F. Pszybysz,
N. Andover, MA
Paul M. Battaglia
58
26
Jeffrey J. Buxton,
7 Court Street
Rosemarie Buxton
N. Andover, MA
58
29
Rig7jd RigaW. Latar'te,
15A Court Street, N. Andover
58
29
Alice LeTarte
15 Court Street, N. Andover
58
13
Giles M. McDonald,
279 Osgood Street
Laurie B. McDonald
N. Andover, MA
95
11
Robert P. Dulude,
16 Court Street
Ph llis I. Dulude
N. Andover MA
95
47
R & L Family Trust'
321 Osgood Street
,C/o Richard C. Lafond
N. Andover, MA
71
28
Richard R. Blain,
47 Park Street
Kathleen Blain Mohan
N. Andover, MA
71
45
Charles S. Bandon
530 Main Street, N. Andover
71
39
John J. Cushing
524 Main Street, N. Andover
71
47,48,50
Health and Rehabilitation
400 Centre Street
Properties Trust
Newton, MA 02159
Planning Boar o N. An over
120 Main Street,N.Andover,MA
Planning Board Of Haverhill
4 Summer t,Rm 201 "Haverhill,"
Planning Board of Boxford
28 Middleton Rd,Boxford,MA 01
Planning Board of Middleton
195 N.Main St,Middleton,MA 01
Planning Board of N. Reading
235 North St,N. Rea inq,MA 0
Planning Board of Andover
36 Bartlet St,Andover,MA 018
Planning Board of Lawrence
200 Common St,Lawrence,MA 018
Planning Board -of Methuen
190 Hampshire.St,Methuen,MA 01
1845
A 01830
,21
X49
�64
0
44
TOWN OF NORTH ANDOVER
MASSACHUSETTS
BOARD OF APPEALS
Rehabilitation Properties Trust
400 Centre Street Date: May 26, 1992
Newton, MA 02158 —_
Dear Applicant:
Enclosed. is a copy of the legal notice for your application before
the Board of Appeals.
Kindly submit $ 4.64 for the following:
Filing Fee
Postage
$ 4.64
Your check must be made payable to the Town of North Andover and
may be sent to my attention at the Town Office Building, 120 Main
Street, North Andover, Mass. 01845.
Sincerely,
BOARD OF APPEALS
A94 �- 4;; � I
Linda Dufresne, Clerk
Sent by: Greenberg Traurig
Marc Middlemn
617-310.6024
middleon n@Uflaw.Com
6173106001; 04/25/02 3:40PM;htFAx #70; Page 2/3
HHH[H
IBflUBIG
April 16, 2002
VIA 1ST CLASS MAIL AND FACSIMILE
D. Robert Nicetta
Building Inspector
Town of North Andover
27 Charles Street
North Andover, MA 01845
Re: 75 Park Street, North Andover, MA
Letter of Zoaing Designation and Compliance, and Certificate of Occupancy
Dear Mr. Nicetta:
In connection with an anticipated transfer of title of the above -referenced property located in
the Town of North Andover, please find attached copy of a zoning designation and compliance
letter received from the City of Marlborough, Massachusetts, for another transaction. In order to
satisfy our due diligence ruirements, we would appreciate your providing a similar zoning
designation and compliance letter, as well as a copy of the certificate of occupancy to the attention
of Mr. William Sclarsic at Senior Residential Care, Inc., One Charles River Place, 63 Kendrick
Street, Needham, MA 02494, with a copy to my attention at Greenberg Traudg, LLP, One
International Place, 3rd Floor, Boston, MA 02110.
If you have any questions, please do not hesitate to contact me. Your assistance in this
matter is greatly appreciated.
Sincerely,
Marc Middleton
MM/mm
ECLzIVEI)
Attachments (t)
cc: William S. Wilson, Esq., Greenberg Traurig, LLP (w/ attachment)
prt,i 3 p 2002
11bos-srv01 WIDDLSTONM\5386801 U 5KC01!.D0C'.411b102
BUILDING DEpT
GRESNa1,Rt; TRAunlcr LLP
OSE 1-,,-rKRNxTi0KA1. PLACE 3Ru F1.00d BOSTON. M.\55AGHUSI'cTs 03[10
617-30-6000 F.tx 617-310-61101 www.orlow.com
Mum Nev Yoitk W.A3HINCTON. D.C. ATLANTA PHILAUELYIIIA TYSoNs COKxt.R CIIICAco HOSTUN PHUGNIX WILMINWcuN Loa ANOLLcs Denvva
FURY LAUDERDALE B111:A RATOV WEST PALM BEACH ORLANDO TALI.AHA33EE
October 8, 1991
Page 2
Andrew James, 262 Pleasant Street is the spokesman for the
neighbors. He state that neighbors are against leveling the two
decker home at 59-61 Park Street for parking. They feel that it
would detract from the residential neighborhood and probably
lower property values. The runoff from the lot could also be a
problem. Mr. James asked if the management is in violation of
bylaws now with respect to parking. Mr. Serio asked if neighbors
have thought of a solution. Mr. James stated they came up with a
couple of proposals. One was the use of a shuttle van used for
off-site parking. They thought that people could park at the
Modicon parking garage. Another idea was car pooling for
employees. They also asked management of New Stevens. Hall to re-
negotiate with management of New Medico.
There was no representation for Steven Home at this meeting.
Mr. Serio suggested the Board refer this to Town Counsel to see
what can be done. He asked the parties concerned if they objected
to this. They replied "no".
PUBLIC HEARINGS
A,
Robert & Fleurette Simms Variance 9 Middleton Road
Legal Notice read by Louis Rissin. Atty. Peter Shaheen
represented the applicants. The Simms' are planning to build a
single family home on property in Harold Parker Forest. Variance
is needed for frontage, area and side setback. This is a non-
conforming lot. A letter from Harold Parker State Forest Advisory
Committee was read by Mr. Rissin (see file). School bus service,
rubbish pick-up, fire and police service was discussed. An
arrangement between the Town and the Department of Environmental
Management exists regarding plowing and sanding. N. Andover Fire
Department & Police respond to the forest. Mr. Nicholas
Vontzalides, council for DEM spoke. He stated an informal
agreement exists between the Town DPW and DEM where snow plowing
is alternated between both parties.
Mr. Simms stated after buying the lot he was told to have a
septic design done and a well drilled. That was completed and he
was given a Form -U to be signed by all departments. That was when
he was told by the Planning Board that he would need a variance.
The previous owner, William Turcotte stated that Charles Foster,
Past Building Inspector, had told him that this lot was
buildable. The property was grandfathered with a 50' frontage in
1955. Pre-existing buildings were vandalized and burned. If this
hadn't happened the applicants would have just added to and
winterized the dwelling and could have lived there without going
through this procedure. Mr.Serio asked Mr. Nicetta if this
The board of Appeals held a regular meeting on Tuesday, October
8, 1991 in the Selectmen's Meeting Room. The meeting convened at
7:30 p.m. and the following members were present and voting:
Frank Serio, Jr., Chairman, William Sullivan, Vice -Chairman,
Walter Soule, Clerk, Anna O'Connor, John Pallone, Robert Ford and
Louis Rissin.
DISCUSSION
New Medico/Stevens Hall Parking 75 Park Street
Karen Nelson, Director of Planning and Community Development sat
with the Board for this discussion.
Mr. Nicetta gave some back ground on the Stevens Hall. It was
built under the old 1973 bylaw. They received permission for a
Special Permit to build in an R-4 zone. At that time the home was
classified as a Level 4 facility which is a nursing/convalescent
home. At that time available parking was sufficient. Six years
ago management came before the Board of Appeals to ask for a
variance which would reduce parking under the building in order
to construct'some offices. The variance was granted. The facility
is now a Level 1,2,and 3 which handles head trauma patients.
Nothing in our bylaws states that management had to notify the
Town of this change. According to Ms. Nelson the state overrules
any Town bylaws, so that even if something was in our bylaws it
wouldn't have made any difference. The neighbors and management
met with the Selectmen regarding the parking problems. The
Selectmen referred all parties concerned to the Board of Appeals.
Employees were allowed to use twenty spaces in the VFW parking
lot and apparently the use was abused so permission was taken
away. The cars then started parking all over the surrounding
streets making it difficult for people to back out of the
driveway. Some street parking has been alleviated with the use of
McAloon's parking lot. The neighbors and management have been
negotiating a solution to this parking problem. A suggestion had
been made to remove the two decker house next door to make a
parking lot. Neighbors don't want that because it will detract
from the neighborhood. Another suggestion was to use the driveway
between the home and the two decker next door to enter a parking
lot to be constructed on land in the rear of the home. This would
provide about 60 spaces. 160 employees now work three shifts at
the home. Mr. Nicetta stated that if the management of the Hall
decided they want to put that parking area in, they would have to
go before a site review with the Planning Board. If planning
granted the request they would then have to go before the Board
of Appeals for a variance for not having enough spaces. Mr.
Nicetta has not yet figured out how many spaces are needed.
Received by Town Clerk:
1.)
1
• j TOWN OF NORTH ANDOVER, MASSACHUSETTS
BOARD OF APPEALS (508) 685-3372
APPLICATION FOR RELIEF FROM TilE REQUIREMENTS OF THE ZONING ORDINANCE
New Stevens Hall, Inc.* 75 Park Street
Applicant and SLF--CorpOrRion Address North Andover, MA
1. Application is hereby made:
i
a) For a variance from the requirements of Section Paragraph
and Tablf 6. 11 Z
a) Name and address of owner (if joint ownership, give all names):
Health and Rehabilitation Properties Trust, 400 Centre Street,
Newton; 715-ssachuseFff--02I58------------------------
Date of Purchase Mav 11, -1992 -Previous owner Nee -7 Stevens Hall, Inc.
b) If applicant is not owner, check leis/her interest in the premises:
_-P'rospective Purchaser X Lesee X Other (explain)
4., Size of proposed building: N/A -front: feet deep;
" Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
------------
c) Type of construction:
S. size of existing building: 168 feet front; 160 feat rl,:ep:
Height-2—stories;`2'�_feet.
a) Approximate date of erection: 1972; addition in 1986.
b) Occupancy or use of each floor: nursing hOrle
a) Type of construction: 1B
6. Has there been a previous appeal, kinder zoning, on there preminen?
Yes. If so, when? May 1986.
6
Special permit granted for addition in 1986.
'*New Stevens Hall, Inc. occupies the Premises under a lease and occupancy
•agreerrent with the landowner. New Stevens Hall, Inc. also holds the license
to operate the nursing home at the Premises and received the Building
Inspector'.s decision which is under appeal. SLF Corporation, a subsidiaxv
of the Greenery Rehabilitation Group, Inc., is managing the nursing home
under an interim management agreement and has an agree-ent v ith the landowner
.to lease the Premises upon obtaining a license from the Departrent of Public
Health..
c o e
oning Dy Laws.
b)
For a Special Permit
under Section_ Paragraph of the Zoning
co
By Laws.
- ---
As a Party Aggrieved,
for review of a decision made by the �.
letter datal
Building Inspector or
other authority. See attached
April 16, 1992.
2. a)
Premises affected arc
land_ X and building(s) X numbered
r.
75 Park -----`-------
_-- Street. --
. b)
Premises affected are
property with frontage on the North ( )
South (X) East ( ) west
( ) sine of Park
Street, and known as
---------- --------
No. --75 Park Street.
c)
Pxemises affected are
in Zoning Di ntrict�N , aril the premises
affected have an arca
221.76
of 46 332 square feet -arid frontrigc of
fcct.on Park
Street-dnd 161.05 feet on Osgood Street.
3. Ownership
a) Name and address of owner (if joint ownership, give all names):
Health and Rehabilitation Properties Trust, 400 Centre Street,
Newton; 715-ssachuseFff--02I58------------------------
Date of Purchase Mav 11, -1992 -Previous owner Nee -7 Stevens Hall, Inc.
b) If applicant is not owner, check leis/her interest in the premises:
_-P'rospective Purchaser X Lesee X Other (explain)
4., Size of proposed building: N/A -front: feet deep;
" Height stories; feet.
a) Approximate date of erection:
b) Occupancy or use of each floor:
------------
c) Type of construction:
S. size of existing building: 168 feet front; 160 feat rl,:ep:
Height-2—stories;`2'�_feet.
a) Approximate date of erection: 1972; addition in 1986.
b) Occupancy or use of each floor: nursing hOrle
a) Type of construction: 1B
6. Has there been a previous appeal, kinder zoning, on there preminen?
Yes. If so, when? May 1986.
6
Special permit granted for addition in 1986.
'*New Stevens Hall, Inc. occupies the Premises under a lease and occupancy
•agreerrent with the landowner. New Stevens Hall, Inc. also holds the license
to operate the nursing home at the Premises and received the Building
Inspector'.s decision which is under appeal. SLF Corporation, a subsidiaxv
of the Greenery Rehabilitation Group, Inc., is managing the nursing home
under an interim management agreement and has an agree-ent v ith the landowner
.to lease the Premises upon obtaining a license from the Departrent of Public
Health..
:r 7,� esc i t ion of r lief ougl►t'on'this petition "Oetitioner requests that
:t•: �heoard overrule Building Inspector's lettex;y�nril-I6�9c�
; ; determines that the existin use of Premises r6quires-a- sneciAl -r_mit..: '
A f----------.
•yr!
8.•, Decd recorded in the Registry of Deeds in Book -s.... * Page
.�.'
.. +
..Land.court Certificate No. Book Page
g
' *Instrument No. 13383,• May -1 7'M2.
:The principal points upon which I base my application are as follows: %
(must be.stated in detail)
Flease' see Attachment 1. y '
:"'I agree to pay the filing fee, advertising in newspaper, and incidental
' expenses*,At
! --------- - iG �'�
•',' Sl natureo c tlo ergs
,Every application for action by the Board shall be made on a form approved
by. the Board. These forms shall be furnishes) by the Clerk upon request.
'.Any communication purporting to be an application shall be treated ao mere
'notice of' intention to seek relief until such time•as it is .made on the
official application form. All information called -for by the form shall '
be furnishes] by the applicant in the manner Yherein:,:prescribed. 1
Every -application shall be submitted with a list of "['attics In Interest"•
;which list sthall include .the petitioner, abutters, owners of land directly
;opposite on any public or private street or way,' and abutters to .thc
;abutters ;within' three hundred feet (300') of the property lisle of the
potiti'oner as they appear •on the most recent applicable tax list,
notwithstanding that the land of any such owner is located in another city .':::',;i
-or town, the Planning Board of the city or town,, and the Planning Board of,: . •';.;:
.:every abutting city or town.
'Every application shall be submitted watt: an application charge cost in
the amount of $25.00. In addition, the petitioner shall be responsible :� . ';'.;
,,:, r,:• :for any and all costs involved in bringing the petition before the Board.:,.:'
:`'•r�''' :Such -costs shall include mailing and publication, but are not necessarily,':;;:�
' limited to these. ")
Every application'shall be submitted with a plan of land approved by the
Board. No petition will be brought before the tioard unless said plan has :.
been submitted. Copies of the Board's requirements regarding plans are
attached hereto or are available from the Board of Appeals upon request. t
LIST OF PARTIES IN ItITEREST b
Use A/ T-
��� :i
Victor N. Baltera -
Sullivan & Worcester
''One Post Office Square, 22nd Floor
Boston;-MMassachusetts 021.09
Tel:',: (617.) 338=295_
Attornev for Petili ners
New Stevens Hall,• c.
and SIF Corporation
Attachment 1
Stevens Hall is a protected nonconforming use in that it
predates the provision of the Zoning Bylaw requiring a special
permit to operate a nursing home in a Residence 4 district.
The Building Inspector's letter incorrectly asserts that
"recent changes" involving the presence of head -injured patients
constitute an unauthorized alteration of the nonconforming use.
In reaching his decision, the Building Inspector has incorrectly
applied the relevant legal standard and is mistaken in his
description of the facts. Stevens Hall has done nothing to lose
its protected nonconforming status. The presence of head -injured
patients does not establish an impermissible change in the
nursing home use.
Stevens Hall has always been and continues to be a nursing
home --a facility providing long-term care to persons needing such
services under proper approvals from the Massachusetts Department
of Public Health. The reasons given by the Building Inspector --
parking, deliveries, patient security --are not legally sufficient
to show that there has been a change in the nonconforming use.
Currently there is no significant problem with parking, and
any problems which previously existed did not constitute an
impermissible change in the use. Further, there has been no
increase in deliveries due to the presence of head -injured
patients nor are patient security needs different in any
significant way. In short, the facility continues to operate as
a nursing home.
In addition, under Section 3 of Massachusetts General Laws
Chapter 40A, the Town may not discriminate against a disabled
person. Therefore, the Town may not require a special permit
for use of a facility like Stevens Hall by head -injured (i.e.,
disabled) persons which may be used as of right by those who are
not head -injured.
KAREN 11.P. Nrl SON
MIMING
CONSERVATION
PLANNING
L-xtenJel Na�e
n!O 141-0( /Y),-1
Town of
NORTH .ANDOVER
WW'AUN OF
PLANNING & COMMUNITY DEVELOPMENT
April 16, J 99
,John Kcnnvy, Administrator
Simms Hall/New Mcdic:.o
North Andovcr, MA 01945
INar Sir:
120 �1,1in Street, 01845
(508) 682.6483
New .Me.,dicx>'s fat:ilit.y pre.scntly does not conform to zoning, suac;e l.ltt: t c ►wu ztnmidocl it's
Zoning Byiaw and chang d. t1te. st.aws of nursing amt convalescent homes f'rolu tt perattmCd ttsc
to a use allowed only by Spcuial lberlmut, :Recent cllra.agcs to New Mctfiao's oper.01011s
caustittllc an unauthorized and therefore, impc:ntjissabJc.;t.11c:raticut of thc: non-confos,minfo list
trs it existed who» the Zoning Bylaw was thus amentivd.
'leis is confirmed by the following observations. C),a 4c tcmbet• 19, .1991 1• epr-cse.tatat ivcs
of Steven Hall/New Medim, (Messcrs. Jobn Kenney, .Petr.r Brown, Attys. (.`um,lcs k John
Tro:ml)ly) mot. with Mr. Kovin Mahaney, Ms. Karen Nc.lsun and Mr. Robert Nic;c-tia, all
t eprc�sc.ntinl? the Town ol'North Andover and the imiurdialc residents ohlic "Stevens 11omc"
r:trea. The citi!?XI)s COnitrtittcc voiuxi stt cmk c{>tnnlaints j)n overflow street parking, u)nstcI►t.
delivery tntck traffic, ai)d poor patient security at this me ding. 1.9 respDse, vestioncxl ort the,
plumber of'e mployms, Mr. Kenney Kta.tcxi that the; ft►Ally had one hum.1ml sixty (160) hill ;and
part -t irne employees, divided into three shifts, sevo days a week, plus patient visitors. At. the
rrcsent time: tlic facility has approximately thirty ("t()) parking sp.ues available,
1 believe, Nascd upon the evideme ref inadequate parking, cunslant dclive.ly truck traffic,
amf poor patiulA se"rity, the New Medioo filcility can liot p+ss they three pat t. Lest ofit-,&Il now.
%:onf.•orming use, f.,randfit.tlte'red antler G.L. (.;41?A, Qmtion (i and Section 1) of' ilio North
Andover Zoning Bylaw. 't'hc tlhree. pan test, heing:
(_:xtonded Page
hat ihc; head trauma trokilmclt. cclltc:l' I.ellm.1", (.11;; 11,11urc alld purpos-t: cel 'Ilk
I -allying 11i my use, as it vxist.rd ildory 1ho yoniry .►111e.1)(111vill (ailllc into i%"Icct
which osllihlished 11W, sl:W.cial pC-1-rllit rc(plirc••ilicll1 fol nursinj.�, lu:r►cic' ;ii,ci
c(rllvulcsat�nt hoinc llxc in t.hc� )istrict, and
I'hclt tltc-.tc. is ryc� diffe rt:nic. lt1 for cltitllit.y or �a�<<tr,r�.ic r ., :iti wc1{ ;1.s t he dck;l'c;c :>I tI's
Of the propert.y; and
t )111th(; Marr( nt l lGllily lS ilot d►t'tcri;nt in klad in j!. C'f1<x:t cul 111C' rtcit!111>orllcx,cl.
I llctctc -c' 5tcvcns f lall/M w Guru no longer legally ('q)cratc tt.tldc r
toning trllic:ss it applies for and purmit.s pursuant to tlie. North Andover
f.crhing .Bylaw.
i 11c.ti}�cr:i�tl !'s;l'.tnit (;r�rl)t.it�Z�, Arrthc�ril� )fc*r,mrsing and c.o.nvalcscc.cli thcnrli;s
.u:cord.ing cif file /.Ding l3y111w is tl.lc lylantling lhl,trd.
Yuki 11avc tllirIy clays pion re'cAnpi of this lctt.c.r Ire a1 lde by this dcc•.isio)),
Yc111 J1aVl' a riejht to appeal this dresision through flu, North And.owt Zoning l3o.rril <<1
V(,.ry truly You r lh"•
D. R oksrt N ii c -11a,
F31111(lirrg TlltiPVA.Aol'/
Zojling i?nforccinei'►t ()Ilic:c:r
R t-1 ul-n/Rurcip1
)orilon, 'town Maj)u .,cr
Kneen I I.P. Ndson, Dir. 111allning & c `nl►r11111 lily Dev(lopirtrs)t
.loci Bard, Fsq., .Koplc.man & Paiei:
Andrew .lurrlcs, Pleasr►nt St. Rcsidr..nt
r
LIST OF PARTIES OF INTEREST
SUBJECT PROPERTY::~
MAP IPARCEL ILOT INAME Health andADDRESS 400 Centre Street
85 13 Rehabilitation Properties t Newton, -MA 02158
ABUTTERSJ,��� �'
MAP
IPARCEL LOT
NAME
ADDRESS
85
51
Douglas L. Ramsden,
290 Osgood Street
Sheila C. Ramsden
N. Andover, MA
58B
37
Town of North Andover
120 Main Street, N. AndoverMA
85
41
David T. McHale,
251 Pleasant Street
Annette McHale
N. Andover, MA
71
47,48,50
New Medico Holding Co., Inc.
150 Lincoln Street, Boston,MA
85
40
Andrew M. James,
262 Pleasant Street
Deborah W. James
N. Andover, MA
85
50
Shirley Roberts.
60 Park Street, N. Andover,MA
71
46
Carrie L. Pszybysz,
55 Park Street
Thomas F. Pszybysz,
N. Andover, MA
Paul M. Battaglia
58
26
Jeffrey J. Buxton,
7 Court Street
Rosemarie Buxton
N. Andover, MA
58
29
U W. Latarte,
15A Court Street, N. Andover
58
29
Alice LeTarte
15 Court Street, N. Andover
58
13
Giles M. McDonald,
279 Osgood Street
Laurie B. McDonald
N. Andover, MA
95
11
Robert P. Dulude,
16 Court Street
Phyllis I. Dulude
N. Andover MA
95
47
R& L Family Trust
321 Osgood Street
•c/o Richard C. Lafond
N. Andover, MA
71
28
Richard R. Blain,
47 Park Street
Kathleen Blain Mohan
N. Andover, MA
71
45
Charles S. Randone
530 Main Street, N. Andover
71
39
John J. Cushing
524 Main Street, N. Andover
71
47,48,50
Health and Rehabilitation
400 Centre Street
Properties Trust
Newton, MA 02158
Planning Board oF N. An over
120 Main Street,N.Andover,MA
Planning Board of Haverhill
4 Stunner $t,Rm 201;Haverhill;
Planning Board of Boxford
28 Middleton Rd,Boxford,MA 0.1
Planning Board of Middleton
195 N.Main St,Middleton,MA 01
Planning Board of N. Reading
235 North St,N. Rea inq,MA 0
Planning Board of Andover
36 Bartlet St,Andover,MA 018
Planning Board of Lawrence
200 Common St,Lawrence,MA 018
Planning? Board -of Methuen
190 Hampshire.St,-Methuen,MA 01
1845
A 01830
21
49
64
0
44
The Board of Appeals held a regular meeting on Tuesday evening,
December 8, 1992 in the Selectmen's Meeting Room at 7:30 p.m.
The following members were present and voting: William Sullivan,
Vice-chairman, Raymond Vivenzio, John Pallone and Robert Ford.
CONTINUED PUBLIC HEARINGS
New Stevens Hall Party Aggrieved 75 Park Street.
Atty. Victor Baltera represented the New Stevens Hall and stated
that they wished to withdraw without prejudice. The letter was
read by Mr. Vivenzio. (See letter in file.) New Steven's had
just been heard by the Planning Board and the matter has been
resolved.
Upon a motion by Mr. Vivenzio and second by Mr. Pallone the Board
voted unanimously to allow the petitioner to WITHDRAW WITHOUT
PREJUDICE.
Daniel & Lori McConacthv Partv Aaarieved 77 Bear Hill.Road
A letter written by Atty. John Willis stated that the petitioner
wished to withdraw without prejudice. The letter was read by Mr.
Vivenzio. (See letter in file.) The property involved had been
sold to an abutter.
Upon a motion by Mr. Vivenzio and second by Mr. Pallone the Board
voted unanimously to allow the petitioner to WITHDRAW WITHOUT
PREJUDICE.
Rita Gonsalves & Alfred Matthews Variance Great Pond Road
Engineer Tom Neve and Atty. Russ Bodnar appeared representing the
petitioner. Mr. Neve presented revised plans. Mr. Neve repeated
much of the same as at the last meeting. Mr. Sullivan asked if
the house could be pushed back behind the wetlands and a bridge
built over the wetlands. Mr. Neve stated there would be too much
impact on the wetlands and Conservation Dept. probably wouldn't
approved it. Atty. Bodnar addressed the hardship issue. He
stated Mrs. Gonsalves bought this lot in February of 1988. At
that time the Conservation Commission would allow you to alter
wetlands and replicate elsewhere on the property. He felt that
all requirements had been met with topography, etc. He asked the
Board to look at the intent of the Bylaw. He felt that every
intent was being upheld with the exception of #9 .which addresses
controlling use of bodies of water, other than that one he said
he didn't see any other of the ten that would be substantially
derogated. The combined purchase price for the two lots was
$671700 plus another $35,000 was spent on engineering and legal
fees. He stated that is a lot of money for two people to spend
on two lots which they thought they were going to be able to
build homes on which they may not be able to build on if they
variance is not granted. Atty. Bodnar stated that if the
variance and special permit is not granted his argument is he
would call that a taking of the land and there is no just
compensation for that.*
4z
The Board of Appeals held a regular meeting on Tuesday, June 9,
1992 at 7:30 p.m. in the Selectmen's Meeting Room. The following
members were present and voting: Frank Serio, Jr., Chairman,
Walter Soule, Clerk, Anna O'Connor and John Pallone. Karen
Nelson, Director of Community Planning and Development and Robert
Nicetta, Building Inspector also sat at this meeting.
Mr. Serio, made a presentation to Anna O'Connor who is stepping
down from the Board.
PUBLIC HEARINGS
Kenneth Rea Earth Removal Rea/Chestnut Sts.
The legal notice was read by Mr. Soule, Clerk. Mr. Kenneth Rea
represented himself requesting a renewal of a yearly permit for
earth removal. This permit was first granted in August of 1963
and has been used continuously since that date. Mr. Serio asked
Mr. Nicetta, Building Inspector, if he found everything in order
when he inspected the site. Mr. Nicetta stated he found no
problems.
No one in attendance and no correspondence in opposition to this
request.
Upon a motion by Mr. Pallone and seconded by Mr. Soule the Board
voted unanimously to GRANT this Special Permit as requested.
New Stevens Hall Party Aggrieved 75 Park Street
The legal notice was read by Mr. Soule, Clerk. Atty. Victor
Baltera of Sullivan & Worcester, One Post Office Sq., Boston, MA
represented New Stevens Hall and SLF Corporation. SLF is a
subsidiary of an outfit called Greenery Group and is the new
manager of Stevens Hall., With Atty. Baltera was John Buckley,
Regional Director for Greenery and Catherine Martin who is the
new administrator of the home. Atty. Baltera stated that
Greenery has been on board for about three weeks and has been
meeting with town officials and soon expects to meet with the
neighbors. In order to continue the meetings and address the
various issues Mr. Baltera requested from the Board a sixty day
continuance. (See letter.in file.) Mr. Serio asked the numerous
abutters who attended the meeting if they had any questions.
Andrew James of Pleasant Street asked and Mr. Serio explained
what a continuance meant. Robert Dulude of Court Street and Mr.
McHale of Pleasant Street asked various questions which were
answered. A discussion ensued concerning the parking problem.
Karen Nelson, Administrator of Planning and Development and
Robert Nicetta also addressed concerned parties regarding the
course of action they plan to follow.
Upon a motion by Mr. Soule and seconded by Mr. Pallone the Board
voted unanimously to CONTINUE the hearing for sixty (60) days.
North Andover
ZONING BOARD OF APPEALS
Top Floor Meeting Room, Town Hall, 120 Main Street, North Andover, MA 01845
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street, Bldg. 20, Suite 2-36
North Andover, Massachusetts 01845
Re: The application of GREENERY SECURITIES CORP., C/O HEALTHSOUTH CORPORATION
for a(n) Finding to allow Party Aggrieved of Bldg. Insp. that use required a Special Permit.,
dated May 15, 1992.
Z.B.A. Hearing No 1992-024-4661
DETAILED RECORD AND DECISION
NORTH ANDOVER Board of Appeals, hereby certifies that the following is a detailed record of the
board's proceedings and decision regarding the above captioned application regarding the property
located at Map='085.0' and Block='0013' which property is affected by this decision.
The above captioned application requests a(n) Finding from Section 4 of the North Andover Code to
allow Party Aggrieved of Bldg. Insp. that use required a Special Permit..
A true copy of the application is on file in the Clerk's Office.
A notice of public hearing on this application, a true copy of which is on fife in the Office of the City
Clerk was:
1. Published in the Eagle -Tribune, a newspaper of general circulation in the North Andover on ...
and ....
2. Posted in a conspicuous place in the Town of NORTH ANDOVER on ... which was at least 14
days prior to the hearing; and
3. Mailed, postpaid on ..., which is at least 14 days before the hearing to the petitioner, abutters,
owners of land directly opposite the property in question on any public or private street or way,
abutters to abutters within 300 feet of the subject property, the planning boards of the abutting
towns. The notice was mailed to the names and addresses shown on the most recent tax list
provided by the assessors's office.
The public hearing was opened on ... at ... at which time opportunity was given to all those interested to
be heard in favor or opposition to the application.
The public hearing was closed on ....
GeoTMS®1888 Des Lauriers S Associates, Inc. Page 1 of 2
GREENERY SECURITIES CORP., C/O HEALTHSOUTH
CORPORATION
Map='085.0' and Block='0013'
Page 2
Based on the evidence and testimony presented at the public hearing, the Board made the following
findings that:
1. ....
2. A literal enforcement of the Bylaw would be a substantial hardship to the owner in that ....
3. There will not be substantial derogation from the intent and purpose of the bylaw because ....
Any person aggrieved by a decision of the Board of Appeals may file an appeal pursuant to General
Laws C.40A, S.17. Such appeal must be filed within twenty (20) days after the date of filing of the
notice of the Board's decision with the Clerk's Office.
The following members were present and voted as follows:
cc: City Administrator
Board of Health
Planning Board
Petitioner
Conservation Commission
File
Signatures:
DPW
GeoTMS®1998 Des Lauriers & Associates, Inc. Page 2 of 2
WILLIAM J. SCOTT
Director
(973)633-9531
Establishm
Address:
Tale-ch_one:
Town of North Andover
Garbage
OFFICE OF
t NORTH
° A"
COMMUNITY DEVELOPMENT ANIS SERVICES
F�°•``°
27 Charles Street
x09"oq,T..._.pa 'Sx
North Andover, Massachusetts 01345
SSgCHOe
Person Saoken With:
Owner -
Fax(978)633-9542
On this day an inspection was made of your waste receptacle area.
Your waste receptacle area was found _(clean dirty and the
cover of your waste receptacle was found t-," in gOGd r�.pa_;r
_
in poor repair and �' kept closed not keit closed.
Other Comments:
410.600 Storage of Garbage and Rubbish - Garbage/Rubbish
shall be stored in watertight receptacles with
tight -fitting covers. Said receptacles and covers
shall be of metal or other durable, rodent -proof
material.
410.601 Collection of
Garbage
and Rubbis�l
- The owner of
any dwelling
shall be
responsible
far the final
collecticn or
ultimate
dlsresal or
incineration of
garbage and
rubbish
by means
c a regular
collection system approved by the Board
of Health.
410.602 Maintenance of areas free from Garbage and Rubbish
(A) - The owner of any parcel of land, vacant or
otherwise, shall be responsible for maintaining
such parcel\ of land in a clean and sanitary
condition an'a free from garbage, rubbish c. -other
,
refuse. The owner of such parcel of land shall
correct any condition caused by or on such parcel
Or its appurtenance which a`Lec- the }leap` Or
safety, and well—being of the occupants of and
dwelling or cf the general public.
NUMBER'
THE COMMONWEALTH OF MASSACHUSETTS FEE
T............
of ---.NE)RT1f--ANf)0V.E.R .......................
This.is to Certify that ........
.eV
n
NAME . -5 --- CQaValeScent—Horne
..........
75 .... Parark ...S.t.r e e t.�.North Andover, MA
.............
ADDRESS ...................................................
For ._____..___MaintainIS HEREBY GRANTED A PERMIT
... one ... (1.) ....dumpster
........................................................................
.......................................................................................................................................................... .
.............................................................
. ... ........
. ........................................................................... ..................................................................
This Permit is granted in conformity with
. I . j .........................................................................................
expires ... Dec*xaber..._31, .... 1.99', .......... the Statutes and ordinances relating thereto, and
11 ...... unless sooner suspended or revoked.
.......... Max.c.11-2-9 ................... .......................................................................
....__.19_....91 .........................................................................
...........................................................................
.............................. .................
FORM 4151 FjoBBS & WARREN
............................................................................................
INC.
I wl—
NUMBER'
THE COMMONWEALTH OF MASSACHUSETTS FEE
T............
of ---.NE)RT1f--ANf)0V.E.R .......................
This.is to Certify that ........
.eV
n
NAME . -5 --- CQaValeScent—Horne
..........
75 .... Parark ...S.t.r e e t.�.North Andover, MA
.............
ADDRESS ...................................................
For ._____..___MaintainIS HEREBY GRANTED A PERMIT
... one ... (1.) ....dumpster
........................................................................
.......................................................................................................................................................... .
.............................................................
. ... ........
. ........................................................................... ..................................................................
This Permit is granted in conformity with
. I . j .........................................................................................
expires ... Dec*xaber..._31, .... 1.99', .......... the Statutes and ordinances relating thereto, and
11 ...... unless sooner suspended or revoked.
.......... Max.c.11-2-9 ................... .......................................................................
....__.19_....91 .........................................................................
...........................................................................
.............................. .................
FORM 4151 FjoBBS & WARREN
............................................................................................
INC.
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BOARD OF HEALTH
120 MAIN STREET
NORTH ANDOVER, MASS. 01845
APPLICATION FOR DUMPSTER PERMIT
PURSUANT TO SECTION 31A AND 31B OF CHAPTER 111
OF THE GENERAL LAWS, AND RULES AND
REGULATIONS OF THE
NORTH ANDOVER BOARD OF HEALTH
DATE March 25,1991
TEL: 682-6483
Ext. 32 ur 33
TO THE BOARD OF HEALTH:
Application is hereby made for a permit to maintain a dumpster(s).
on property located at 75 Park Street No..... Andover 01845
in accordance with the Rules and Regulations of the Board -of
Health. Number of Dumpsters one
Check use:
( ) Residential use ( X) Commercial use
( ) 30 day temporary ( ) Annual
Name of applicant: New Medico/Stevens Hall
Owner of property: New Medico/Stevens Hall
Telephone number: 508 685 0403
On the bottom half of this form, please sketch an outline of
property, showing the proposed location of the dumpster(s). Give
distance from dumpster to other buildings and lot lines or
boundaries. Use back side if additional.space is needed.
Please return this application with a fee of $10.00 .per dumpster
($5.00 for temporary permit) to: Board of Health, 120 Main St.,
No. Andover, MA 01845.
j11 W f? 4 /C;
��
THE C"ONWEA.1,114 OF KASSACHUSETTS
DEPARIJEW OF PUBLIC HEALTH
Divisima oF 'n'DICAL GARE
BUREAU OF 113WLTH FACILITIES 80 BOYUSTON STREET BOSTON 02116
BOA) M" HEALTH
in accordance with the requIxements of the General Laws, Chapter III
Section 72 to 73, inclugive.as amended, the Board of Health of
A. City or Town
hereby certifies that after inspection and evaluation the
I
B to
Facility -
C.
Address:
D. Is
Approved *'iqot Approved, as a suitable
E. jpdividual ownership Fame and Business Address of Applicant:
XGA
Par tnershii= _Mime and- Busini-a—sAddress of Each Partner:
ISSO MIdlers JFJ*1d id,,
1411 tail' A.
ChWas BxwmiakLhdtdd poftoor 1 S Jbbbkw Id
G. corporation Title of Corporation,
.LA
Name, Business Address and Title of Two OfflUcers of the Corporation,
XIA
H. Date
Applicant to complete Items B & C and
E. F, or G as appropriate. Local
Board to Cc.,mplete Items AV D, & H.
(Signature of majority of Mem-
bers of Board of Health or
Commisgioner of He<h Department)
Doard of H.-a-lth
Dear S2r:
Al r)li.c ati on for of aC ., i,n
cpJ1 U1:�..:'1t i rt)r1:i.0 iF. 1 7 ]i4y i
I a _ 1, _. (b}r �'n:�ileS t}i �t
a board oi' health ini�necti on be made " r- r L
T Oi
or. �- �_� -� ::.n_d li_:�.�� �ji�l: C*0-0a7 of the
C 1 ;.a des Ua be Departj-fio t of -olit .Z t;n .�1
Care �' 1 lf]_l'S P�'O 1''Tr9 i 1C a. v -� •G0�':i'TP..^7�1
0211-1 6. i�]_ac?ue 1' , 3 itCOl2 J��y n.) i<Oy.� Ston St]: eet ,�oSton; rs£::S;E1C�l: iSctt
E.t:dxn tl e Secon;.d ccpY uo me, An fapp]-amp]for a 1 (:',:iSc' has
Leen filed-* for the cot;dilct: of
STEVENS HAIL LONG TERN CARE FACILITY
DID -
<75 PARK ST NO ANDOVER MA 01845 �
BY: WALTER A MARGERISON
e sce or Props e
-s e. A;ta_:.rJcr��.•�ri ,� � ' ,atr�'c
(__'aUr +A UAV PDa. '.i O�'..T _. l' -h
j ? r. 3. .
The fallowing is a report based cn aen inspection by Julius Kay, M.D., Robert Rimbach RS
Dame of inspector
rili;;e-,jnde_r tj1E3 auth,o1,itz%
o f r .�.Z. c..I1_7
., ,,. 'j1, of tb.e abnv(s r.rer'ise.
Sc1.1Ct' ic.Cl �'t_t1r 7_s X is not (ch --ch r ne 1 =
I _�_ t - J_l c0r l iA J.Sed ,-'a1 ta.ble to iJe I i r.-
Ga,i_Y)ed aS a lchccR one): nu s'ng )7;'me ares
._—X � 'rare
c'_,a.r_italble for the agedrvlary
own
I)a the, ca r' of CLi,sap1�:(`U�Ta� atter-1he'd you-v��.��_ �i ' �n�, �'--
• 1CL cb ;'G ii:(,C: r:t O P
' SOn.S 'O1' A C' -on? of tliis docs rient ii:,id axle• i-t,`-]chyr-ent is r'u'_?1g
sk6u?tprovided to the a� Lica: t for ccz'tifi.c: t
pT i _J?1 1:1 . e E y the opei^a .o,.r' ot.
tl?@ fa.CiL4tS ). I71C �:pp1_ C?I1i tS 3.flr a� 1"111tS ax �)CCi.f'_E'r7 1r ix.T_�. C. 11�. S. 71
D �n
-of
oo, V�l
FEB n 0 " , 1973
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r�
P. A
�y
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Board of Health
Doan Sir:
On the di.x ect ioii of thc? 1.:cpar anent Uf rul-A-1.0 Hec:l.th, ]: .r. eb;,r ,?�� ,.lest t:llat
a board of t�ea,.ltb. in,: t�ect:iL`ri. be tr.ad. e of :-o•
pr<:n; i �;e,,, . �.TZcl tha,F. ;:�1)c r.�o, c`f' t;,G
report of the carte be forvmarcicu to tic Dr rtmon.t of Pa',1ic I�._�.�1.':;,: T
Caxe : ac•i_lities Fx�or)"rrzi, l r. ;n s; P �.. '', .��n, lC.rLn
u t 560; 8 �,n;y.lc �oi� S'reet, Boston, �)Cl1Ei. :°1r t:ie 2'F.t'UrI1 ' ..(: SecrDrd. co)' "-o Ii:E''. j �3 � G11. +i ..S 3,C).1L1^LttS
)..,� n. al.) "i0o ion for 1_1-ense has
been fileci. for the condtzci: of
-
New)Stevens Hall Long TermCare Facility, Inc
---~
_ _
275 -Park Street, No. Andover, Mass. 01845
By: Walter A. Margerison, President
Namof e ----•.-.�._ � .
Licensee cr }'ropur,e:.d Li
en :ee u ncriz,,ca � _
to
??t, ol�t of. Boz:u-d. of Health
.The fo:llowirz is a report baoed on an inspection 7y
Xwe of Inspector
;Wade under the auti ority of G. L, c .111., s. '71, of t}xe above p.rezrises -
Said facility is i; no't_(chcrk ono) certified � U.1tabl.C_ to be main-
tained. as a (check. one) : rttusir.E borne
rest Ilo�nc
charitable home for the aged town infirmary
In the c2;;n of c+.i rzppx•()vai, a t;tached ,yolt wi_!_7_ a.rid r, ^ I,:,Ltc'inF.nt cif t] -ii o- Roars', ;
rc'a•Fo17.^o.x.; r.iPprc>va,l.1 11 con,, U:f idol;; �7 tc. u%I'li'n'L U.rlr:i. r,.r(�
SimU1 tc,aiE'Ott�;l,}provicic(i to the].UIt (1 .': the O�1Er0.ii0'r Uf
the fac l.ity) . ["ne appl_ c, jtt's appL'a, rIg"Its arc spCeiV.od in G,L. c. 111. • S. 71.
of
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