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HomeMy WebLinkAboutMiscellaneous - Minor Mods� Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J'y q' Byers, Es Clerk f NORT1y q Joseph D. LaGrasse Richard M. Vaillancourt O — Associate Members x Thomas D. Ippolito 1 Daniel S. Braese, Esq. Michael P. Liporto 9SSne►+US Minor Modification to Notice of Decision Year 2007 Decision Address: 575 Osgood Street Town Clerk Tirne`Stamp AME: Edgewood Retirement Community, Inc., MODIFICATION DATE: Aril 14, 2009 DRESS: 575 Osgood Street, North Andover, MA 01845 PETITION: 2007-022 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre- existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse,, Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Page 1 of 3 1600 Osgood St., Bldg 20 -Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 ' Fax - 978-688-9542 Web - www.townofnorthandover.com 4 - Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman No Richard J. Byers, Esq. Clerk DTH qti of 6 ■6 �0 W C! ( ^ G O ] i Joseph D. LaGrasse 3r br :,' �,. =i i • _ . Richard M. Vaillancourt Associate Members y * ,� Thomas.D. Ippolito Daniel S. Braese, Esq. 'ts �N �T�D ��y�5 �SSACMUs 1 J, w.•-. :. .. Michael P. Liporto Town Clerk Time Stamp CONDITIONS 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the Trustees of Reservations, North Andover Historic Commission, or another duly eligible recipient, a Historic Preservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years; with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction (recorded with the Registry of Deeds)., and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department, this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure, and cooperate with, the Town of North Andover by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historical Commission, and the Board of Appeals, and the aforementioned Eligible Recipient, in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House (as described in the aforementioned paragraph) in perpetuity, or for as long as allowed by law. a) The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s) and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall find: 1) The terms and conditions contained within this Modification Decision have been conclusively satisfied; Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one (1) year from the date of issue of this Modified Decision, unless extended by the Board of Appeals b) Failure of the Petitioner to satisfy the terms and conditions of and for this Modified Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public hearing whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18, 2007 shall remain in full force and effect. c) As and when all of the signatories to the Confirmatory Preservation Restriction, including but not the limited to the Massachusetts Historical Commission, reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction, as evidenced by the document(s) itself, the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian, the Town of North Andover, and the Board of Appeals; and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementioned public hearing that the conditions as set forth herein have been fully satisfied. VA Page 2 of 3 1600 Osgood St., Bldg 20 -Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS Town Clerk time Stamp Site: 575 Osgood Street (Map 36, Parcel 3), North Andover, MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover, MA., Record owner & applicant, Edgewood Retirement Community, Inc., c/o Marlene Rotering, 549 Osgood Street, No. Andover, MA. Date (& Revised Dates): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By: DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A.1.1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Surveyor: Proposed lst Floor Plan A 1. 1, , #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2, , #15 &#17 Caroline Way Proposed Roof Plan A-1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land Stephen M. Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham, Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. rd, f x 1�-( !/ t / / a /fir '7 No�'Xndover Zoning Board of Appeal Albefrt P. Manzi, III, Esq., Chairman Elfen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022. M36P3. Page 3 of 3 1600 Osgood St., Bldg 20 -Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS North Andover, Board of Appeals .i.l[ Towri 6erk Timc Stamp Information is hereby given that the North Andover Zoning Board of Appeals will consider the request of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. The request will be heard in the Meeting Room of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 14th of April 2009 at 7:30 PM. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. North Andover Board of Appeals Albert P. Manzi, III, Chairman 2007-022. 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T `o covo oV> a�D�-I a»gym W W m oatro n Z- 3m=00 W w =Wm Opaj A.-`.OpdAQ 7�N�'n �OONLO` �N Ai�ay(D77'73....m0?-'7 NN OON V7mm W W ON 7 - N 'G Gt 7 _ 0- 0 CD fQ Vii' 7 _ 3 W 56-A (D CD - a V W W SU �. ��< 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com r V DEVIN MILLIMET ATTORNEYS AT LAW March 18, 2009 VIA FEDEX Michel Glennon Town of North Andover 1600 Osgood Street North Andover, MA 01845 Re: Edgewood Retirement Community, Inc. Dear Mich: ROBERT W.LAVOIE 978.475.9100 RLAVOIE rr DEVINEMILLIMET.COM Enclosed please find a check in the amount of $111.72 which represents reimbursement to your office for the cost of sending the letters to abutters of Edgewood Retirement Community by Certified Mail. Thank you for your cooperation in this matter. Very ly yours, 0, ert . La 1e RWL:mm Enclosures MAR 1 ` 2009 BOARD OF APPEALS {14327\65499\A0194753.1} DEVINE, MILLIMET 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & BRANCH PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMI LLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 03/17/09 DEVINE, MILLIMET & BRANCH 12053 NORTH ANDOVER, TOWN OF REMITTANCE ADVICE CHECK NO.: 16460 DATE INVOICE NUMBER DESCRIPTION MATTER# AMOUNT 03-17-09 CERTIF-65499 CERTIFIED MAILINGS TO 14327-65499 111.72 ABUTTERS-EDGEWOOD-RWLAV TOTAL: 111.72 ZRA 599 This certifies that&. Date TOWN OF NORTH ANDOVER RECEIPT has paid .. 07 7#: .. ....... for ............ Receivedby ..... .................................................. Department..... ;�79?A .................................................................. WHITE: Applicant CANARY: Department PINK: Treasurer r IP r IP O X W 1.71 U3 i O p �p nMm0 w�OC ti Ln J o-nZ C) o W O O zcomm m�. co D co m m z O C Or:71i Z W O D p o D D W � D O m m 7o p m.m Z M m Z �. O n O D c� Z p mT, p O M m, O oD O r O mz Ocin o vp. m Co n � o m � - z. z a Z m D T� Q � -n C7 D m m n D D m v A m 2 2 lZii m m ° p j. m - M G) 0 31 —ml CA) O> m m 0 y r7- < °_ -69 J x Q° m cn 1 O Z V IV Z ^^ O i UA 598, Date 37 TOWN OF NORTH ANDOVER RECEIPT 7 .............. . ........ . This certifies that 9 has paido.40.4V .. ...................................... y' .......................................................... Received by Department.....'7-- .................................................................. 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O� Ch Ln M_ cy� o aZt z aok vim N o 0 co r`' y I c� � o t ��i` � cn ;int cC-- rr, �ZZ ^l Z _ o� moi ao10-n� n� ' O r\\� z ° n to Ln 1.1'. y Z n r- 0 N rR► ! cs I\ \ I a Vii / O -+ a y�vvi2 �tb�o�'ic~air�, �� O yZZ \y ^i [moo Ln c�pytaay"�c„ Cly n/� N O �y' �+ VI C po?x11 rn o Vic) /� v I\ \I oin �-i = 1 O—� \ Iru A v� n Cl) \ y _Z a C7 U, y 0 •. M O r�j p rr�1 rrnC) r - �1 s �X� � n � z n� � C In o_r r�•� a o QO i trr 2 VZ1 Rl Rl rn�i O n y 00=. OAP rn Ln1, "'�� zZi oo m v Z O ��Z O 0 10 rn o t- .n o a o� �In 1a v z cD Orn 0o to I 1 M6 Page 1 of 1 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Tuesday, May 19, 2009 1:59 PM To: Glennon, Michel; Dom Scalise Subject: Edgewood Conditions N ich- Attached is the final Edgewood modified decision. Please prepare on letter head for signing and date stamping. Al Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01846 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice: The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 5/19/2009 a Minor Modification to Notice of Decision Year 2007 Decision Address: 575 Osgood Street NAME: Edgewood Retirement Community, MODIFICATION DATE: April 14, 2009 Inc., ADDRESS: 575 Osgood Street, PETITION: 2007-022 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS");. CONDITIONS 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the petitioner, as prescribed by law, shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the Trustees of Reservations a Historic Preservation Restriction as to the Deacon John Osgood House, said Historic Preservation Restriction shall be incorporated by referenced herein, with copies to the Board of Appeals. 2. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the petitioner, as prescribed by law shall continue to cooperate with the Town of North Andover, the Historic Commission, and the Board of Appeals in connection with their collective efforts to have the Massachusetts Historical Commission approve and execute any and all Confirmatory Preservation Restriction as required by law to ensure the aforementioned Historic Preservation Restriction as to the Deacon John Osgood House remains valid and in full for an effect in perpetuity; incorporated by referenced herein, with copies to the Board of Appeals. 3. As and when all of the signatories to the Confirmatory Preservation Restriction, including but not the limited to the Massachusetts Historical Commission, reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction, as evidence by the document itself, the petitioner shall deliver the Confirmatory Preservation Restriction to the custodian, the Town of North Andover, and the Board of Appeals; and shall cooperate in delivering, recording, and providing payment thereto by and for the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds. 3. Upon request of the petitioner and a satisfactory finding of the Board of Appeals as to the aforementioned compliance as to the CONDITIONS may a building permit issue. Any subsequent changes to the Historic Preservation Restriction and or the Confirmatory Preservation Restriction and or the petition itself shall be submitted to the Zoning Board of Appeals for approval. In all other respects, the original decision remains in full force and effect as modified hereby per: Site: 575 Osgood Street (Map 36, Parcel 3), North Andover, MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover, MA., Record owner & applicant, Edgewood Retirement Community, Inc., c/o Marlene Rotering, 549 Osgood Street, No. Andover, MA. Date (& Revised Dates): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By: DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A.1.1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Proposed I" Floor Plan A.1.1,, #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2, , #15 &#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land Stephen M. Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham, Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022. M36P3. Page 2 of 2 Page 1 of 1 Glennon, Michel From: Glennon, Michel Sent: Tuesday, May 05, 2009 1:49 PM To: Atty. Domenic J. Scalise (E-mail) Subject: FW: Edgewood Conditions Hello, Atty. Scalise; attached please find the Edgewood Minor Modification, and the appeal -is -up dates for M.E.M.L.V. and Great Oak. Mich. -----Original Message ----- From: Atty. Albert P. Manzi III [mailto:attymanzi@manzilaw.net] Sent: Tuesday, May 05, 2009 12:38 PM To: Glennon, Michel Subject: Edgewood Conditions Please forward to atty. scalise for comment if any. Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01846 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice. The information and/or documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 5/11/2009 Minor Modification to Notice of Decision Year 2007 Decision Address: 575 Osgood Street NAME: Edgewood Retirement Community, Inc., MODIFICATION DATE: April 14, 2009 ADDRESS: 575 Osgood Street, North Andover, MA 01845 PETITION: 2007-022 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre- existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022. Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022. 1. A signed, and registered final copy of the Historic Preservation Restriction to the Trustees of Reservations shall be submitted to the Zoning Board of Appeals before a building permit may be issued. 2. Any subsequent changes to the Preservation Restriction shall be signed, registered, and submitted to the Zoning Board of Appeals. In all other respects, the original decision remains in full force and effect as modified hereby per: Site: 575 Osgood Street (Map 36, Parcel 3), North Andover, MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover, MA., Record owner & applicant, Edgewood Retirement Community, Inc., c/o Marlene Rotering, 549 Osgood Street, No. Andover, MA. _ Date (& Revised Dates): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Pagel of 2 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By: DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A.1.1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Surveyor: Proposed 1St Floor Plan A.1.1, , #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2,, #15 &#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land. Stephen M. Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham, Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022, M36P3. Page 2 of 2 C(DPY HISTORIC PRESERVATION RESTRICTION TO THE TRUSTEES OF RESERVATIONS I. GRANTOR CLAUSE. Edgewood Retirement Community, Inc., a not-for-profit corporation organized under the provisions of M.G.L. c. 180, having an address of 575 Osgood Street, North Andover, Massachusetts 01845 (the "Grantor"), for nominal consideration of Ten Dollars paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Sections 31, 32 and 33 of M.G.L. c. 184, does hereby grant and convey, with quitclaim covenants, to The Trustees of Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891, having an address of 572 Essex Street, Beverly, Massachusetts 01915 (the "Grantee"), a historic preservation restriction (sometimes referred to as the Restriction), in perpetuity and exclusively for historic preservation purposes, upon certain land and the exterior of the structure thereon (the "Building") located in Essex County in the Town of North Andover, Massachusetts consisting of the Deacon John Osgood House more particularly described in Exhibit A, attached hereto; commonly known and numbered as 547 Osgood Street, North Andover, Massachusetts 01845 (the land and Building collectively referred to herein as the "Premises"). For the Grantor's title see Essex North District Registry of Deeds Book 9223, Page 177. { 14327\64824MI88983.6} 211 ASR 14 1 BOARD OF APPEALS 2001-0a-�,- V II. PURPOSE. The Building is a historically and architecturally significant residence, which stands as an example of the 18th century rural nature of North Andover, Massachusetts, illustrates aesthetics of craftsmanship and setting, and possesses integrity of materials and workmanship. The parties agree that the preservation of the exterior of the Building will contribute to the preservation and maintenance of the character of the Town of North Andover. Accordingly, it is the purpose of this Restriction to assure that the architectural, historic, cultural and associated features of the exterior of the Building be retained substantially in its current appearance (as improved by the repair and replacement activities allowed under this Restriction) for historic preservation purposes and to prevent any material change of the exterior of the Building that will significantly impair or interfere with the Building's historic preservation values. III. GRANTOR'S COVENANTS AND CONDITIONAL AND RESERVED RIGHTS. A. Grantor's Covenant. Grantor agrees that Grantor shall not relocate the Building from its current location on the Land. In addition, and subject to the provisions of paragraph IV(C), and of the following sentence, Grantor agrees at all times to maintain the Building in sound structural condition and a good state of repair in accordance with the terms of this paragraph; it is Grantor's intent that the Building shall be maintained in a physical appearance that is reasonably similar to its current appearance and Grantor will undertake reasonable periodic maintenance and repair of the Building so as to insure its continued structural integrity. In the event that the Building suffers any type of casualty damage, or if the continued structural integrity of the Building requires maintenance or repair ( 14327\64824\A0188983.6) 2 costing an unreasonably excessive amount, the Grantor shall provide written notification to the Grantee and to the North Andover Historical Commission of such event, and Grantor, Grantee and the North Andover Historical Commission shall reasonably confer with each other as to an appropriate course of action in view of the circumstances. After such consultation, the Grantor may either restore the Building to its previous appearances or if the Building requires maintenance or repair costing an unreasonably excessive amount, Grantor may demolish the Building, and if so demolished this Restriction shall terminate and be of no further force and effect and thereafter Grantor may use the Premises for any lawful purpose free of this Restriction. B. Grantor's Conditional Rights. 1. Conditional Rights Requiring Approval by Grantee. Except as otherwise provided herein, without the prior express written approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed, Grantor shall not make any material changes to the exterior of the Building. Activities by Grantor to maintain the Building which are not intended to change the general appearance of the exterior of the Building shall not require the prior approval of Grantee. Any material changes which Grantor proposes to be made to the exterior of the Building, which would require a Building Permit to be issued by the Town of North Andover shall also require that the North Andover Historical Commission be advised of and approve any such material changes to the exterior of the Building. {14327\64824\A0188983.61 91 2. Review of Grantor's Requests for Approval. In the event Grantee's prior approval is required, the Grantor shall submit to Grantee, for Grantee's approval, two (2) copies of information (including plans, specifications and designs) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within thirty (30) days of receipt of Grantee's receipt of any written request for approval hereunder, Grantee shall certify in writing that: (a) it approves the request, or (b) it disapproves the request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within thirty (30) days of receipt of Grantor's submission or resubmission of requests shall be deemed to constitute approval by Grantee of the request as submitted and to permit Grantor to undertake the proposed activity in accordance with the request submitted. A certificate of such failure by Grantee to act, executed by Grantor, and including identifying information for the subject plans, specifications and designs, when and if recorded in the Essex North District Registry of Deeds prior to the recording of any contrary Certificate by Grantee, shall be conclusive evidence of such fact. 3. Standards for Review. In exercising any authority created by the Restriction to inspect the Premises, to review any construction, alteration, repair or maintenance or to review casualty damage, Grantee shall at all times act in a commercially reasonable manner. {14327\64824\A0188983.6} 0 C. Grantor's Reserved Rights. The following rights, uses, and activities of or by Grantor on, over, or under the Premises and the Building are permitted by this Restriction and by Grantee without further approval by the Grantee: 1. the right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation, and (ii) are not inconsistent with the purpose of this Restriction to maintain the exterior of the Building substantially in its current condition; 2. the right to maintain and repair the Building, for the purpose of retaining in good condition the appearance of the exterior of the Building. Substantial changes in appearance, from that existing prior to the maintenance and repair require the prior approval of the Grantee in accordance with the provisions of paragraph III(B); 3. the right to paint the exterior sheathing of the Building any of the following colors: white, off white (and any version thereof) and any of the colors of the various Cottages constructed by Grantor under the 2008 Special Permit issued to Grantor by the North Andover Planning Board. Grantor agrees to provide written notification to the North Andover Historical Commission at such times as Grantor intends. to change the exterior color of the Building, and to obtain the approval of the North Andover Historical Commission, which approval shall not be unreasonably withheld, conditioned or delayed. 4. The right to use the Land (a) for all customary uses appurtenant to a Residential Structure and (b) all uses customarily associated with a Continuing Care Retirement Community including the right to install temporary or permanent accessory structures for residential or Continuing Care Retirement Community uses IV. ENFORCEMENT. A. This Restriction shall be administered on behalf of the Grantee, jointly and severally, by its duly appointed members and agents. This Restriction shall be enforced by the Grantee in its sole discretion. Nothing herein shall impose upon the Grantee any duty to maintain or require that the Building be maintained in any particular state or condition, notwithstanding the Grantee's acceptance thereof. ( 14327\64824W 188983.6) 5 B. In the event that a breach of this Restriction by the Grantor or by a third party comes to the attention of the Grantee, the Grantee must notify the owner of record (the "Owner") in writing of such breach and of that portion of the Premises and Building where the breach occurred. Said Owner shall have ninety (90) days after receipt of such notice to undertake actions, including restoration of the Premises and Building, that are reasonably calculated to correct swiftly the conditions constituting such a breach. If the said Owner fails to take such corrective action, the Grantee may at its discretion undertake such actions, including appropriate legal proceedings, as are reasonably necessary to effect such corrections. C. Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Building or the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, earth movement, and trespass on the Building or the Premises or from any action taken by the Grantor under (i) emergency conditions to prevent, abate or mitigate injury to or nuisance caused by the Building and/or the Premises resulting from such causes or (ii) direct, written order of any governmental authority (federal, state or municipal). D. The Grantor, and thereafter the record successors and assigns of the Grantor, agree to reimburse the Grantee for all reasonable costs and expenses incurred in enforcing this Restriction or in remedying or abating any violation thereof. E. By its acceptance of this Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Building or the Premises. F. Any election by the Grantee as to the manner and timing of its right to enforce this Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. {14327\64824\A0188983.6} m V. ACCESS. This Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises, except that the Grantor hereby grants to the Grantee and its successors at law, and grants to the North Andover Historical Commission, after reasonable prior notice to Grantor the right to enter the Premises in a reasonable manner and at reasonable times, and always in the presence of a representative of Grantor for the purposes of inspecting the Premises and the exterior of the Building to determine compliance herewith. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Restriction. VI. SUBSEQUENT TRANSFERS. The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument which divests the Grantor of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. After the recording of this Restriction, the term "Grantor" as used herein shall mean the fee record owner of the Premises, from time to time, and the Grantor's obligations and liabilities hereunder shall only be those arising during such person's term of ownership. VII. ASSIGNABILITY. A. Running of the Burden. Except as provided in paragraph IIIA. and IV.C, the burden of these restrictions shall run with the land in perpetuity and shall be binding on all future owners of an interest therein. The right of enforcement shall be as provided for in MGL Chapter 184, Section 32, as enacted by the Acts of 1969, Ch. 666, Sec. 5, as it may be amended from time to time. { 14327\64824\AO 188983.6 ) 7 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments necessary to assure the perpetual enforceability of this Restriction. C. Running of the Benefit. The Restriction hereby imposed is in gross and is not for the benefit of or appurtenant to any particular lands. The Restriction shall not be assignable, except with the prior written approval of the Grantor or its successors or assigns then owning the Premises in each instance. In the event such approval is obtained, this Restriction may be assigned only to a governmental body or organization whose purposes at the time of assignment include preservation of historic property provided, however, that (i) as a condition of any assignment, the Grantee requires that the purpose of this Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Restriction directly. The burden of this Restriction hereby imposed shall run with the Premises in perpetuity and shall be binding upon all future owners of any interest therein during their term of ownership. VIII. RELEASE AND EXTINGUISHMENT. A. Grantee's Receipt of Property Right. The Grantor and the Grantee agree that the donation of this Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Restriction determined at the time of its recording at the Essex North District Registry of Deeds bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Property Right. Such proportionate value of the Grantee's property right shall remain constant. C. Right of Grantee to Recover Proportional Value at Disposition. If any occurrence ever gives rise to extinguishment or other release of the Restriction under applicable law, then (14327\64824\A0188983.6) H!, the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of proceeds; and further provided that upon the termination of this Restriction pursuant to Paragraph III.A Grantee shall be entitled to NO portion of any such proceeds. D. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority while this Restriction is in effect, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, and all related expenses incurred by the Grantor and the Grantee in connection with said recovery shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor or its successors and assigns of record, and the Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Restriction Disposition, The Grantee shall use its share of the proceeds in a manner consistent with the preservation purposes of this grant. IX. ESTOPPEL CERTIFICATES. Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Restriction. X. SEVERABILITY AND CONSTRUCTION. If any section or provision of this Restriction shall be held to be unenforceable by a court of competent jurisdiction, this Restriction shall be construed as though such section had not been { 1 4327\64824\A0188983.6) I included in it. If any section or provision of this Restriction shall be subject to two constructions, one of which would render such section or provision invalid, then such section or provision shall be given the construction that would render it valid. If any section or provision of this Restriction is ambiguous, it shall be interpreted in accordance with the policy and provisions expressed in M.G.L. c. 184, Sections 31 through 33. XI. EFFECTIVE DATE. This Restriction shall be effective when the Grantor and the Grantee have executed it, and this document is duly recorded in the Essex North District Registry of Deeds. XII. MORTGAGE SUBORDINATION. A. Subordination. At the time of the conveyance of this Restriction, the Premises is subject to a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from the Grantor to Bank of America, N.A. (hereinafter the "Mortgagee") recorded on November 21, 2008, as Instrument No. 29835 in the Essex North District Registry of Deeds at Book 11381, Page 302 (hereinafter "the Mortgage"). The Mortgagee joins in the execution of this Restriction to evidence Mortgagee's agreement that, subject to the following conditions and stipulations, this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage: 1. Mortgagee and its assignees shall have prior claim to all insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises and all proceeds of condemnation proceedings, and shall be entitled to same in preference to Grantee until the Mortgage is paid off and discharged, not withstanding that the Mortgage is subordinate in priority to the Restriction. (14327\64824\A0188983.6) 10 2. If the Mortgagee receives an assignment of the leases, rents and profits of the Premises as security or additional security for the loan secured by the Mortgage, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until the Mortgagee's debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Restriction. 3. The Mortgagee or purchaser in foreclosure shall have no obligation, debt, or liability under the Restriction until the Mortgagee or purchaser in foreclosure under it obtains ownership of the Premises. In the event of foreclosure or deed in lieu of foreclosure, this Restriction is not extinguished. 4. Nothing contained in this paragraph or in this Restriction shall be construed to give any Mortgagee the right to violate the terms of this Restriction or to extinguish this Restriction by taking title to the Premises by foreclosure or otherwise. XIII. MISCELLANEOUS. This instrument is not a deed. It does not transfer a fee interest to the Grantee. No Massachusetts deed excise stamps are affixed hereto as none are required by M.G.L. c. 64D, Section 1, as amended. The Grantor shall record this instrument in timely fashion in the Essex North District Registry of Deeds. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation plan prepared by the Grantor and approved in writing by (14327\64824\A0188983.6) the State Archeologist of the Massachusetts Historical Commission (M.G.L. c. 9, Section 27C, 950 CMR 70.00). [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] {14327\64824\A0188981 6} 12 WITNESS the execution hereof under seal this day of Aml'2009. GRANTOR: EDGEWOOD RETIREMENT COMM ITY, INC. By: Its: S >�E COMMONWEALTH OF MASSACHUSETTS /�, ss/ p 2009 Before me, the undersigned notary public, personally appeared C4,f/e5 /( ib1/—Whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Edgewood Retirement Community, Inc., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or personal knowledge of the undersigned. Pu is p u f �. �► ✓D/�' commission expires: ROM Ir W LAVW N•n►PW* OF 11A C=Wd@" �Iwe (14327\64824\A0188983.6) 13 ACCEPTANCE OF THE TRUSTEES OF RESERVATIONS The Trustees of Reservations hereby accepts this Restriction this day of .2009. THE TRUSTEES OF RESERVATIONS By: Its Director COMMONWEALTH OF MASSACHUSETTS , ss 2009 Before me, the undersigned notary public, personally appeared whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of the Trustees of Reservations, for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or ❑ personal knowledge of the undersigned. {14327\64824\A0188983.6} Notary Public My comm.i5sioo_expixe,5; .. j 14 APPROVAL OF THE TOWN OF NORTH ANDOVER HISTORICAL COMMISSION We, a majority of the Historical Commission of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on this /3 day of 2009, the North Andover Historical Commission voted to approve the fore ing Historic Condition granted by Edgewood Retirement Community, Inc. to The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter 184, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the North Andover Historical Commission's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeqqle and their descendants. Date: % 2009 NORTH ANDOVER HISTORICAL COMMISSION COMMUIN wr_ALTH OF MAS3tik,r1U3r-> 13 SS..d .��,,00/t i' / On this day of P64arch 2009, before me, three undersigned notaryi,,public, personally appeared 15;, cc, C�� , �/ilic�ii� /� Lcl✓ %l7LtG� 11tGEY��llt S,�r��cE_ Ull t u aril j �Ie L F��csa,v proved to me through satisfactor evidence of identification, which was 0 driver's license or Arpersonally known to me, and acknowledged to me that they signed it voluntarily for i tated purpose on behalf of said Historic Commission of the Town of North Andover. A %0 L' Cin " N ary u is /i: L. -iv, -117- I le .gvai/,hle e My Commission Expires: {14327\64824\A0188983.6} 15 NXERT W LAME A"P,A* N of ""twMUSMS Am t1k � es APPROVAL OF THE TOWN OF NORTH ANDOVER, MASSACHUSETTS We, a majority of the Board of Selectmen of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on this day of , 2009, the Board of Selectmen voted to approve as in the public interest the foregoing Historic Restriction granted by Edgewood Retirement Community, Inc. to :The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter 184, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the Town's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeople and their descendants. Date: 2009 BOARD OF SELECTMEN Chairman COMMONWEALTH OF MASSACHUSETTS ss. On this day of March 2009, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ driver's license or ❑ personally known to me, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of said Board of Selectmen of the Town of North Andover. ( 14327\64824W0188983.6) 16 Notary Public My Commission Expires: APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION The undersigned, Executive Director and Clerk of the Massachusetts Historical Commission, hereby certifies that the foregoing Preservation Restriction has been approved by the Massachusetts Historical Commission in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. MASSACHUSETTS HISTORICAL COMMISSION Executive Director and Clerk Massachusetts Historical Commission COMMONWEALTH OF MASSACHUSETTS ss. On this day of March 2009, before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification, which was ❑ driver's license or ❑ personally known to me, and acknowledged to me that he signed it voluntarily for its stated purpose as Executive Director and Clerk of the Massachusetts Historical Commission. { 14327\64824\AO 188983.6) 17 Notary Public My Commission Expires: ASSENT BY MORTGAGEE Bank of America, N.A., which has its principal office at , is Mortgagee on a Mortgage from Edgewood Retirement Community, Inc., on property which is located at 575 Osgood Street, North Andover, Essex County, Massachusetts. Said Mortgage was recorded on November 21, 2008, as Instrument No. 29835 at Book 11381 Page 302 at the Essex North District Registry of Deeds. Said Mortgagee hereby assents to the Preservation Restriction from its Mortgagor to the Trustees of Reservations, as set forth in an instrument dated and to be recorded with the Essex North District Registry of Deeds and agrees that subject to the provisions of Paragraph IX.A 1-4 of the Restriction, this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage. IN WITNESS HEREOF said Mortgagee has hereunto set its hand and seal this day of .2009. BANK OF AMERICA, N.A. By: Its: COMMONWEALTH OF MASSACHUSETTS , ss Before me, the undersigned notary public, personally appeared , whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Bank of America, N.A., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or ❑ personal knowledge of the undersigned. { 14327\64824\A0188983.6} Notary Public My commission expires: 18 North Andover Historical Commission 120 Main Street North Andover, MA 01845 April 13, 2009 North Andover Zoning Board of Appeals c/o Albert Manzi III, Chairman 120 Main Street North Andover, MA 01845 re: Edgewood Retirement Community, Inc. Request for Modification of Special Permit 2007-022 575 Osgood Street, Assessor Map 36, Parcel 3 Letter in Support of Request for Modification Dear Chairman Manzi and Members of the Zoning Board of Appeals: On behalf of and as Chairperson of the North Andover Historical Commission (the "Commission"), I would like to let you know that the Commission has been working closely with the Edgewood Retirement Community, Inc. ("Edgewood") in connection with Edgewood's need to take down and re -build the barn structure which was once used for milking cows (which Edgewood refers to as the "Milk Barn"). Edgewood received a Special Permit from the ZBA in December 2007 in order to rehabilitate the pre-existing, non -conforming Milk Barn for residential use; we understand the zoning relief was necessary because the pre-existing Milk Barn was within the 100' setback for CCRC uses in North Andover. Last year, the Commission worked with Edgewood in connection with Edgewood's decision to restore the two other barns on the property: the Horse Barn (which is the large barn closest to Osgood Street), and the Maintenance Barn, which is located just adjacent to the Horse Barn. Edgewood has done a marvelous job of restoring those two barns, and we understand from them that they were planning a similar restoration of the Milk Barn. Unfortunately, the report by Edgewood's Structural Engineer (I believe a copy of the report has been submitted to the ZBA) — and the new Seventh Edition State Building Code — are leaving them with no real choice but to take down the existing barn and to construct a new Building Code -compliant building for the two planned residential units on the site. On March 12, 2009 the Commission listened closely to the Project Architect (Jeff Dearing of Dewing & Schmid) and understands the predicament in which Edgewood finds itself. Mr. Dearing also reviewed with the Commission the proposed APR 14 {BAR 824\A0196142.1 } BOARD OF APPEALS arm -7- 0aa 1-' plans and specifications for the reconstructed barn/residential building. The Commission is pleased to tell you that it supports Edgewood's taking down the existing Milk Barn, provided that it is replaced with a structure built substantially in accordance with the plans presented to the Commission (which are the same plans that Edgewood has submitted to the ZBA for its consideration at its April 2009 meeting). The Commission would like to note that its vote to allow Edgewood to demolish the existing Milk Barn structure is subject to the conditions attached to this letter. We would also like to thank Edgewood for its generous offer to restrict the Deacon John Osgood House, which is on Osgood Street across the entrance way from the large, newly restored Horse Barn described above. Basically, Edgewood has agreed to perpetually leave the exterior of the building substantially as it is now and not to relocate the Osgood House from its existing location. In summary, we are submitting this letter to the ZBA in order to confirm the Commission's support for Edgewood's proposal to take down the existing Milk Barn, and to replace it with a building -code -compliant residential structure that substantially looks like the form and appearance of the existing Milk Barn. Our support is subject to all of the conditions attached to this letter. Thank you for your kind attention to this letter, and please feel free to contact me or Commissioner Linda Tremblay should you have any questions regarding this letter or the Commission's support for the building replacement. Very truly yours, Kathleen Szyska, Chairperson ( 14327\64824\A0196142.1) F2 i A G1" L ..F !GRMIN SHOUSE STEPHEN M. MELESCIUL, N0.39049 159X0 T, GROUND EP CCB o CAROLINE WAY p C) h N CCB EXB% 160X4 EXIST. GROUND 5 I CERTIFY THAT THE RIDGE ELEVATION AND EXISTING GROUND ELEVATIONS ARE BASED UPON A FIELD SURVEY BY MARCHIONDA & ASSOCIATES, L.P. ON 4-13-09. N BARN ROOF AND GROUND ELEVATIONS EDGEWOOD RETIREMENT COMMUNITY M ARCH I ON DA & ASSOC., L. P. NORTHi,�ER, NDOVER, MA ENGINEERING AND PLANNING CONSULTANTS D U DRAWN FOR 62 MONTVALE AVE. SUITE I EDGE W0RETIREMENT COMMUNITY STONEHAM, MA. 02180 APR r�0,OSGOOD STREET (781) 438-6121 MASSACHUSETTS 01845 B DATE: 4/14/09 SCALE: 1"=20' 'a-vU7-DT >" cov L r1 �1 � 1 O ,:--. %PA- S'4 i mm Oil ] O� O O W a rt N <rk I� ]n O 2� CL � � 03 00 JAL. cn LLl o V" QO LL- LPIA PIAC- O� m rk a rl��Il4t��. Cl) I o Q C CV Q (� Q O 1�7 m rf a,J t, �'fXv � ,'� f t rel ��'•+r4� '�3•f1 � �' M°i'�'r.< 'k1,,,"�A'� r� +r Si a A ri O C U 1 1 3 JV Ct c„ w o a- �, N Q -Ir LL- M� O Q O En o .i 1"', ull 0 �1 y I NN 0 rt rG 4 CIL Q O n - cm 0- N Q �_— 4- U- fin.Jl e OC m k, DOMENIC J. SCALISE Attorney at Law 89 Main Street North Andover, MA 01845 Telephone (978) 682-4153 Fax (978) 794-2088 Email djs@djscalise.com North Andover Zoning Board of Appeals 1600 Osgood Street ' Building 20, Suite 2-36 North Andover, MA 01845 1[1? e 11 A R 12 P t I 1: 0 9 March 12, 2009 RE: Edgewood Retirement Community, Inc. Dear Members of the Zoning Board: ht ryl— 1 r•� F� i Concerning the above captioned matter, I enclose herewith a Request to Modify Special Permit in Petition 2007-022 which I would have you file with this case. I am also enclosing additional documentation in support of our request. Kindly schedule this matter for hearing at your regularly scheduled public hearing on Tuesday, April 14, 2009. Thanking you in advance for your assistance, I remain, Very truly yours, Domeni . Scalise DJS/t Encl: (? n '1, MAR 2 M9 BOARD OF ANN�--HLS 0 NORTH ANDOVER ZONING BOARD OF APPEALS EDGEWOOD RETIREMENT COMMUNITY, INC. Request to Modify Special Permit in Petition 2007-022 Background: On December 18, 2007 the ZBA voted to grant a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Barn, a pre-existing, non -conforming structure which lies within the 100' setback perimeter of the Continuing Care Retirement Center and voted to grant a Finding under Paragraph 9.1 and Section 13.5.D.1 that the proposed change, extension, or alteration of said pre-existing, non - confirming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood. The Board's Decision filed January 8, 2008 had one Condition, namely that Special Permit 2007-022 was contingent on the Planning Board granting its Special Permits and the approval of the ANR consolidating parcels 3, 17, 18 and 19 into 1 Continuing Care Retirement Center lot, and the issuance by the Conservation Commission of an Order of Conditions. All three Decisions were duly issued and recorded at the Registry of Deeds, thus satisfying the Condition. Origin of Original Petition: When the Petitioner began planning this project in 2006, Applicant had the Milk Barn reviewed by its architects, Dewey & Schmidt, who believed at the time that the Milk Barn could in fact be readily -rehabilitated and altered from a barn formerly housing cows to a structure containing 2 residential units for use by the occupants of Edgewood's CCRC. The Applicant was already committed to rehabilitating 2 other barns (for continuing barn use, however), and the Applicant in good faith believed that the 100 plus year old Milk Barn could actually be successfully modified to accommodate the said 2 residential units. Basis of Request for Current Modification: In connection with Petitioner's efforts to go forward with this new phase of the Edgewood CCRC, Petitioner obtained all of its Approvals and Permits by 2008, and was able to successfully close on its Financing late in November, 2008. Petitioner's construction efforts were first concentrated on Site Work, so that residential construction could get under way before Winter conditions set in too firmly. In the Fall of 2008, it became possible for Petitioner to re -focus its attention onto the Milk Barn Rehabilitation Project, and began studying the Milk Barn in earnest. Unfortunately, with the additional passage of time, and the efforts taken to carefully investigate the current condition of the Milk Barn, it became painfully obvious that re-habbing the Milk Barn into residential structures intended to house the expected occupants (the average age at Edgewood is apparently 80 years of age), it proved extremely challenging if not close to impossible to make the original program of rehabilitation work. Petitioner engaged the Fillion Group, Inc. of Sharon, MA to investigate the structural condition of the Milk Barn, and Petitioner was presented with Fillion's January 22, 2009 Report which accompanies this Request for Modification. As noted on Page 4 in the Summary, "Because of deteriorated structure at the first floor exterior walls and change of height requirements to (I 4327\65499\AO 194020.11 accommodate a code compliant design, they should be removed and replaced with a code conforming structure. Existing grade level concrete slab will have to be removed and replaced." Mr. Fillion goes on to state that "Given the above-described Level -3 work requirements under the new code, combined with the age and deterioration of the existing exterior building envelope, most of the exterior wood surfaces will have to be removed." Basically, practically nothing of the existing building is really salvageable, and in order to be compliant with the new, 7th addition State Building Code, the existing Milk Barn structure needs to be replaced. To that end, Petitioner began a close dialogue with the North Andover Historical Commission to inquire whether or not it might become possible to replace the existing Milk Barn structure with a similarly appearing barn -like structure. That dialogue has progressed to the point where a tentative resolution has been proposed and is seriously being considered by the Historical Commission; in fact, on the day that this Petition is being filed, the Historical Commission will hopefully conclude its review and issue a decision in support of allowing Petitioner to raze and remove the existing Milk Barn and replace it with a new code -compliant structure which will be similarly appearing and quite barn -like. (The Historical Commission had been scheduled to hear and vote on this matter at its March 2, 2009 meeting, but the snow storm that day caused it to be rescheduled to be 3/9/09 which was in turn cancelled due to yet another snow storm.) Basically, Petitioner has volunteered, and Historical Commission is quite in favor of Petitioner placing a perpetual Historic Restriction on a truly Historic gem, namely the Deacon John Osgood House which is located directly on Osgood Street at the entrance to the Edgewood Retirement Community (which of course is much more visible to the General Public than is the Milk Barn). This structure is an 18th Century structure which has been preserved throughout the `centuries, and upon which Edgewood has recently spent considerable money restoring the exterior to a period - compliant appearance. As soon as Petitioner obtains the expected agreement and letter of support from the North Andover Historical Commission, the Applicant will cause the same to be filed with the Zoning Board of Appeals well prior to the April 14, 2009 hearing on this matter. "/-� PDO {I 4327\65499\AO 194020. 1) EDGEWOOD RETIREMENT COMMUNITY, INC. By Its Attorney: /// / .f , r Domenic J. calise, Esq. 89 Main reet North Andover, MA 01845 (978) 682-4153 - Bk 11050 Pg 110 #2343 Town of North Andover N ED ZONING BOARD OF APPEAL$,,,,:,1 Albert P. Manzi LII, Esq. Cbournan µORTH Ellen P. McIntyre, C/ur-Cbairmmr pf "T, u , 3.56 Richard J. Byers, Es . Clerk. �• a`;+ ''6 ° pL 200s SAN —� ? F Joseph D_ LaGrassT�isJs to certify that twenty (20) da o David R Webster h ad from date of dedsi fU T" withouf ficin of n a I. '� ` ° t`,F':; AtroeYak Member 9 pp .ate a �`�; +� f t` ;• t '.... Dat o �, :�.� * c CH!: '.:_ : Thomas D. Ippolito Jay A. ®ttiQsihaw �I4"�A,7to r*�' c9a�J� �� Richard M. Vaillancourt Clerk ACHUS�t �+ Daniel S. Braese, Esq. (e��; nriis sump A,True:Copy.. Any appeal shall be filed within Notice of Decision�0. ;.,. (20) days after the date of filing Year 2007 Town Clerk of this notice in the office of the Tn..m ('IPA - no -r Macc Caen_ L_ ch. 40A, § 17 Prope at: 575 & 549 Osgood Street NAME: Edgewood Retirement Community, Inc. HEARING(S): November 13 & December, 18,200? ADDRESS: 575 & 549 Os ood Street PETITION; 2007-022 TYPING DATE: December 27, 2007 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting in the North Andover High School Lecture Hall, 430 Osgood Street, North Andover, MA on Tuesday the 180' of December, 2007 at 7:30 PM upon the application of Edgewood Retirement Community, Inc, 575 & 549 Osgood Street (Map 36, Parcels 3,17, l8, & 19), North Andover, MA requesting a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Bam, a pre-existing, non -conforming structure which lies within the 100' setback perimeter of the Continuing Care Retirement Center and/or for a Finding under Paragraph 9.1 and Section 13.5.d. I (Continuing Care Retirement Center Perimeter Setback of 100' per zoning officer finding) that the proposed change, extension, or alteration of said pre-existing, non -conforming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle -Tribune, a newspaper of general circulation in the Town of North Andover, on October 22 & October 29, 2007. The legal notice, only, was read then the hearing was continued to December 18 during the regular November 13, 2007 meeting. The following voting members were present: Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, Richard M. Vaillaricourt, and Daniel S. Braese. The following non-voting members were present: David R. Webster, and Thomas D. Ippolito. Upon a motion by Joseph D. LaGrasse and 2'd by Richard J. Byers the Board voted to GRANT a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Barn, a pre-existing, non -conforming structure which lies within the 100' setback perimeter of the Continuing Care Retirement Center and upon a motion by Joseph D. LaGrasse and 2nd by Richard J. Byers the Board voted to GRANT a Finding under Paragraph 9.1 and Section 13.5.4. I (Continuing Care Retirement Center Perimeter Setback of 100' per finding of zoning enforcement officer) that the proposed change, extension, or alteration of said pre-existing, non -conforming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood per: Page I of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com i 575 & 549 Osgood Street (Map 36, Parcels 3,17,18, & 19)„ North Andover, Site: MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover, MA., Record owner & applicant, Edgewood Retirement Community, Inc., c/o Marlene Rotering, 549 Osgood Street, No. Andover, MA. Date (& Revised Dates): Registered Professional Land 10/10/07 Michael J. Sergi, (#33191, Christiansen & Sergi, 160 Summer St. Haverhill, Surveyor: MA. 01830 Sheet/Drawing: Sheets 1 - 2 Page I of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com i Albert P. Manzi M. Esq. Chairman Ellen P. McIntyre, Vial-Cbairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillaacourt Daniel S. Braese, Esq. Bk 11050 Pg 111 #2343 Town of North Andover ZONING BOARD OF APPEALS 1�� r. 5 O � Z wTp `ti 2008 JAN -8 PM 3' 56 Town Clcrk Time Stamp Building Plan Title: Conceptual Cotta a Plans Unit F Dewing & Schmid Architects, 30 Monument Square, Suite 200B, By: [DSA: Concord, MA 01742-1873] Date: Sheet/Drawing: 9.26.07 Milk Barn: Pro osed 1 s< Floor Plan, Milk Barn: Pro )posed 2" Floor Plan With the following conditions: i. Special Permit 2007-022 is contingent on the Planning Board Site Plan Review Special Permit, the Planning Board Continuing Care Retirement Center Special Permit, the Planning Board ANR consolidating parcels 3, 17, 18, and 19 into one Continuing Care Retirement Center lot, and the Conservation Commission Order of Conditions being granted to Edgewood Retirement Community, Inc. Voting in favor of the Special Permit and Finding: Joseph D. LaGrasse, Richard J. Byers, Richard M. Vaillancourt, and Daniel S. Braese. Voting against the Special Permit and Finding: Albert P. Manzi, III. During the December 18, 2007 hearing, the Board cited the Planning Board Notice of Decision dated December 4, 2007 stating that Edgewood Retirement Community, Inc. may proceed with the Special Permit application with the Zoning Board of Appeals in accordance with Section 10, Paragraph 10.8 of the North Andover Zoning Bylaw. Therefore, the Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the zoning bylaw and that this Special Permit granting the change of use in the pre-existing, non -conforming structure from a milk barn to a two-family independent dwelling unit because this site is an appropriate location for such use since 575 Osgood Street, (Map 36 Parcel 3) is'an existing Continuing Care Retirement Center. The Board finds that this use will not adversely affect the neighborhood since the interior reconfiguration and exterior restoration will preserve the ca. 100 -year-old structure and will be subject to Planning Board decision conditions and Conservation Commission Orders of Condition requirements. The Board finds that the change of use as proposed in the above.plans will lessen the non- conformity of the property by razing 3 other existing barns which are either wholly or partially within the Section 100' Continuing Care lot line buffer zone. The Board finds under Paragraph 9.1 and Section 13.S.d.I (Continuing Care Retirement Center Perimeter Setback of 100' per zoning officer finding) that this proposed change of use and interior alteration of this pre-existing, non -conforming structure shall not be substantially more detrimental than the existing structure to the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians since both units will have 3 -stall attached garages and that Osgood Street has existing adequate and appropriate facilities provided for the proper operation of the proposed two-family unit. The Board finds that the proposed use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Page 2 of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com A, Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vit, -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R Webster Associate Member Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Bk 11050 Pg 112 #2343 Town of North Andover ZONING BOARD OF APPEALS ,_�'1�!71V++FD 1'S -IJ L. 2808 JAN -8 PH 3: 5C. Town Clerk Time Stamp Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local zoning codes, ordinances, and or regulations, and all local, state, and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one (1) year of the date of the grant, it shall lapse, and may be re-established only after notice, and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two (2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced, it shall lapse and may be re-established only after notice, and a new hearing. //�' k A /" ) za.��F - No over Zoning Bo of Ap a AI rt P. Manzi, III, Esq., Chairman chard J. Byers, Esq., Clerk Joseph D. LaGrasse Associate Members Thomas D. Ippolito Richard M. Vaillancourt Decision 2007-022. M3 6P3,17,18,& 19. Page 3 of 3 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978=688-9542 Web - www.townofnorthandover.com 0 Mrs. Marlene Roterinr Edge,vvood Retirement Center 575 Osgood Street North Andover. MA January 22, 2009 RE: Edgewood Retirement Center, North Andover, MA Subject: Cow Barn Change of Use Dear Marlene: At your request, I met with. David Mermelstein of Trident Project Advisors and Development Group to observe the condition of the existing Cow Barn structure. Destructive testing, testing of materials and explorations are not included in this scope of service. the comments presented in this report are based solely on visual observations. For reference; the orientation will be described as referenced on the Existing Cow Barn Elevations Drawing prepared by Dewing & Schmid Architects, Inc. Proposed Renovation Introduction Mr. Mermelstein explained to me that you would like to convert the existing Cow Barn to garden style apartments located at the second level with parking bays located at the around floor level. New stairs and an elevator would be installed to gain legal access to the second floor apartments. Existing wood beams framed above the second floor level along the direction of the main ridge would have to be removed to facilitate the installation of a new ceiling for the apartments. Standard height ceilings are proposed for the apartment units. the high gable space above them would not be used. The small machinery entrance located at the right side of the South elevation is to be removed. Two Overhead Garage doors will be installed at the South Elevation and two will be installed at the North Elevation. Proposed Cow Barn Renovation 22 January 2009 Page 2 Existing Cow Barn Structure The main body of the barn is approximately 3360 square feet in area (84 feet by 40 feet). At the approximate mid -point of the East elevation is a 441 square foot ell (21 feet by 21 feet) and at the right side of the South Elevation is a 350 square foot one story machine entry shed. The height of the main barn from existing ground floor level is approximately 36 feet. The typical height from the ground floor slab to the underside of the second floor wood joists is approximately 7 feet 3 inches and to the underside of the second floor wood beams is approximately 6 feet 8 inches. These heights will vary up and down as the ground floor slab has high and low points. The ground floor slab was originally installed with slopes leading to troughs cast in it. The gable roof is framed with wood rafters that span from the .ridge bearn to an intermediate interior beam line to an exterior wall beam line. The interior and exterior beam lines are supported on wood columns that also support the second floor framing. The second floor is framed with wood floor joists supported by intermediate wood beams on the same grid of wood columns that support the roof beams. The exterior walls are framed with wood studs spaced between the main support columns. I was not able to observe the exterior wall construction at the first level as it is concealed. The roof, exterior walls and second floor are sheathed with wood boards. The first floor is constructed of a concrete slab on grade. As mentioned above. the slab surface has noticeable high and low points to accommodate positive flow toward the lower troughs cast in it. The foundation is constructed of field stone. Most of the foundation was concealed at the time of my visit. During my brief visit to the property. I observed the following areas that are of concern: • The 441 square foot El at the East elevation does not appear to be in sound condition. There is a noticeably deflection and or settling of the second floor joists. The North wall that supports the roof framing has noticeably deflected outward at its' top. The timber beams approximately 6 feet 5 inches above the second floor framing have pulled away from the timber columns that they are mortised into. • There are several areas along the exterior wall at the first level that are unprotected and have deteriorated. • 1 observed a section of wall along the South Elevation where there is a space between the underside of the wood wall and the top of the stone foundation. A portion of the wood sill beam has deteriorated. • Based on the condition of the two items mentioned above, there is concern that other structural elements within the concealed walls may also have deteriorated. • I observed areas of rodent and bird activity within the structure where they have nested and have deposited fecal debris. Proposed Com Barn Renovation 22 January 2009 Page 3 Proposed Renovation Considerations Because the. existing Cow Barn structure is proposed to become apartments with parking bays, it would be considered a change of use. Compliance for the building structure shall be in accordance with the Seventh Edition of The State Building Code, specifically, 780 CMR 3408, Structural Requirements for Existing Buildings. .Because of the scope of work to be performed in this change of use project, 780 CMR 3408.4.3 classifies it as Level 2 Work. Work or change of use involving Pre-] 975 buildings when rehabilitation or remodeling is accumulated over a floor area of the building of 50% of the total floor area of the building triggers the Level 2 Work requirement. Under the provisions for Level 2 Work, the existing building would have to be designed for 213 of the wind load specified in 780 CMR 1609.0 and for 85% of the ground snow load required by 780 CMR 1608. It is apparent that a new lateral framing system of shear walls or braces would have to be implemented. When new shear walls and vertical frames provide more than 35% of the lateral force resistance required for Level 2 Work, the building shall be classified as Level 3 Work. For Level 3 Work; the building would have to be designed for the full wind load specified in Section 1609 and 35% of the seismic load specified in. 780 CMR 1614.0 and 1615.0 with the seismic criteria of 780 CMR 1614.0. 1615.0, and 3408.1, with a minimum seismic base shear of .O1 W. The lateral load requirements would lead to the requirement to provide a geotechnical report for the project describing sub -surface explorations and foundation design. Based on the above, this building would be classified as Level 3 Work. To facilitate finish ceiling height clearance requirements for the ground floor where garage bays are proposed, the existing second floor framing system would have to be raised. Once the height of the first level walls increases. all of the structural elements comprising them would have to -ineet the latest code requirements. Because of the known deterioration of the first level exterior walls, it is recommended that they be removed and re -framed with a code compliant structure. Because of the splices in the interior wood columns at the first level, they also should be replaced with new structure. The Architect for the project should investigate the fire rating requirement for the interior columns and advise on material selection. Because of the noticeable slopes the existing ground floor concrete slab will have to be removed in its entirety. The sub -grade conditions should be evaluated by a geotechnical engineer for proper placement of a new concrete slab on grade. The Architect should give consideration to frost protection requirements in un -heated spaces. The building will have to be evaluated to resist at a minimum, lateral wind loads. A structural lateral support system will have to be designed and supported by a new concrete foundation capable of resisting both vertical loads and the effects of the lateral loads induced on the structure. The new concrete foundation wall should be designed in accordance with the recommendations of a licensed geotechnical engineer. Based on soil conditions of near by excavated pits, it is assumed that a concrete frost wall on a concrete strip footing would apply for this project. The entire structure would have to be evaluated for code required loadings and elements reinforced or replaced as required. E Proposed Cow Barn Renovation 22 January 2009 Page 4 Summar' Based on the proposed change of use for the existing Cow Barn Building and the requirements of 780 CMR 3408.0.. the project would be classified as Level 3 work. For Level 3 work. the building would have to be designed laterally for a full wind load and a partial seismic load. The building would also have to support 85 % of the current code ground snow load requirement. The structure and all of its structural elements would have to be evaluated for conformance to the current code. Because of deteriorated structure at the first floor exterior walls and change ofheight requirements to accommodate a code compliant design. they should be removed and replaced with a code conforming structure. The existing grade level concrete slab will have to be removed and replaced. The lateral requirements for Level 3 Work has triggered that a new lateral system be designed and installed on a new foundation capable of resisting the imposed vertical and lateral loadings. It is required that sub -surface explorations are performed and a geotechnical engineering report be published with foundation design recommendations. Given the above described Level -3 work requirements under the new code, combined with the age and deterioration of the existing exterior building envelope, most of the exterior wood surfaces will have to be removed. To accommodate the lateral load requirements, new plywood sheathing will have to be installed with new siding and trim over it. The plywood shear walls would have to be properly anchored to the new concrete foundation system. Consequently, of the original historic materials of which the Building is constructed, most of the exterior envelope, first floor walls and columns, ground floor slab and foundation are not salvageable or retainable as part of a re -construction process compatible with the Building Code's Level -3 Work requirements. The remaining wooden post and beam frame work may also need to be reinforced to meet Code. In order to comply with fire rating and finish requirements so that the structure is compatible with its proposed use as senior independent housing, the wood structure will end up being concealed by gypsum wall board covering. Of the original Barn structure, none of its original materials will be visible. It has been a pleasure providing services for you on this project, please call should you have any questions or comments. Respectfully: Fillion Group, IC. b Michael R. Fillion. R s ' President iir, r� ......-.---- Abutfer to Abufter ( ) Bulldring Dept. ( ) .Conserveflon ( ) zoning ( ) d12WRAUMM MOL 40A, 6"lon 11 slo4o In pan ToNeo In Imorest as mood In this chapter *hall mean the potitlor, ar, abutters, owners of land directly opposlloon any public or private way, and abutters to abutters within Wee hundred (300) reel or the property Ilse of the pelllloner as May appear on the most recent appreeblo tax set, not wlthelanelrtg that the land of any such owner Is located In another alty or town, the planning board of the city or lows, end the planning board of every abutting etty or [.amen." Soblect Emnerry: MAP PAROL Name Address 36 3 utters Pmnerd MW em 36 7,8&15 36 20 36 24 35 2 36 16 36 5&6 Lake Cochichewlck 36 4 36 1 a 21 102 5 102 6 35 110 35 32 & 111 101 1 101 5 101 3 101 6 101 10 101 9 101 8 101 11 101 12 14, Edgewood Retirement Community 575 Osgood Street, North Andover, MA 010411 NES Addresg Trustees of Reservations ..A72 Essex Street, Beverly MA 01915 Bdpewood-Retlrement Community L475 Osgood Street, North Andover, MA 01845 Family Co, pera.0 a Preschool t_AAS Osgood Street, North Andover, MA 01845 SFR Realty Trust c.-P.O. Box 512 Osgood Street. North Andover, MA 01845 Donald Ross y LAS Stevens Street, North Andover, MA 01845 Nancy Malla V''tf u (n od i'»' (% 523 Osgood Street, North Andover, MA 01845 Commopy✓ealth of Massachusetts 100 Cambridge Street, Boston, MA 02202 George DuslerP,623 Osgood Street, North Andover, MA 01845 Town of hdrth Andover V120 Mein Street, North Andover, MA 01846 RayMMAd esld . X28 Osgood Street, North Andover, MA 01845 Michael Barrett • 1,504 Osgood Street, North Andover, MA 01645 Town of North Andover— 120 Main Street, North Andover, MA 01845 Douglas.Kelth. 8`�5 Osgood Street, North Andover, MA 01845 1 Ronald Rwclis � ----69e Osgood Street, North Andover, MA 01845 ►'D�4 ✓Af Mark Berberlan -� I)V586 Koulopulos Osgood Street North Andover, MA 01845 _ 580 Osgood Street North Andover, MA 01845 Thomas rtiv (n t J — John Correla V584,Osgood Street, North Andover, MA 01845 Howard Clayman X8 Osgood Street, North Andover. 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LyJ�`"I n Oa i v o� a • to y w j W � N o V 36.67" y 1 I rua In BE I Ci Cb 0� _ LO � y s 7 ru o L71 a p O may �\ Z rn V o � / N 'V y.�. LyJ�`"I n Oa i v o� a • to y w j W � N y Page 1 of Brown, Gerald From: P Benanatto [benanatto@gmaii.comj Sent: Wednesday, March 11, 2009 6:28 PM To: Hughes, Jennifer; Tymon, Judy; Rees, Mark; Brown, Gerald; Willis, Gene; dcknardella@comcast.net; awhite@eagletribune.com Subject: Re: Conservation Hearing 3/11/09 Edgewood Dear Ms Hughes: Thank you for your timely response. It was my understanding that the Commission had jurisdiction over all portions of projects that contribute runoff to waters of the Commonwealth which include ground and surface waters? The modifications tonight, is there any increase in square footage of paved or built on surface associated with the modifications? If so will there be adjustments in storm water management? Also since these modifications are occurring after the latest stormwater regs should the site be required to meet the new standards? I would request that an outside consultant review any changes. While I agree with the section you of the zoning code you noted please notice the following wording in your quote, "Where special circumstances exist requiring general regrading, removal of peat, etc., the builder may file a plan and request for an additional soil removal permit with the Building Inspector as provided in Paragraph 5.6 below." Sec. 5.6 requires that, "Where special circumstances exist which requires the excavation, removal, stripping, or mining of soil in excess of one -thousand (1,000) cubic yards, but less than five -thousand (5,000) cubic yards, a Permit may be granted by the Board for such removal without a public hearing. However, where the excavation, removal, stripping, or mining exceeds five -thousand (5,000) cubic yards, then a public hearing will be necessary and the Permit granted shall indicate the approximate quantity of soil to be removed, the purpose of removal, and the location of the site of removal. The Permit shall also specify that upon completion of excavation, exposed subsoil shall be graded and covered with loam to a minimum depth of six (6) inches and that the removal is to be controlled by the appropriate section of Paragraph 5.7" Whereas the project appears to be in excess of 1,000 yds of material (a whole hill was removed!) it would at a minimum require a Permit. My question about storm ponds is that a pond is shown to be constructed behind the existing building, along with some sqaure or rectangular chambers. The condition in the order requires ALL storm water facilities be in and operational prior to construction. Why would the area closest to our reservoir not have its pond? Also I read in the order that all units should be numbered in accordance to the approved plans, but I see now signs other than those for the various contractors. Additionally, this may be out of your jurisdiction but who controls the size and location of these signs? I see them not only on the site but on Osgood and Chickering Road? I know our town has a sign by-law and requires fees to be paid? Are all signs legal? Thank you for your attention. Paul Benjamin Anatto 3/12/2009 Page 4 of 4 I am unable to attend the hearing but would like my letter to be read into the record in opposition to any change to this project. Paul. "Dear Town Leaders and Officials: I am writing you today as I have noticed the inclusion of the Edgewood Retirement Community on this evening's Conservation Agenda for yet another modification. I regularly used the Town's open space on Weir Hill and Half Mile Hill and have used the Edgewood facility as an access in the past. Based on the information available at the Northern Essex Registry of Deeds including the Order of Conditions, Special Permit and CCRC? Decisions as well as recorded plans referenced in these recorded decisions and based on my observations walking my dog this weekend the site does not appear to comply to any of these decisions. As I read the project's decisions I notice many references to 'no substantial changes' yet the buildings all appear larger and in different orientation than on the plans? Also I see no mention of earth removal permits being obtained by Edgewood as required by Section 5 of the Zoning Code but I see loaded trucks leaving the site! Also the conservation decision requires all stormwater be sent to ponds before construction begins. I did not see the new pond behind that is on the plans. If Edgewood has made changes should this information not be recorded in the registry? Normally as a resident I would be happy to see an increase in tax base to the town. But after reading this article - http://www.eagletribune.com/archivesearch/localstory 006000133.html I am appalled to learn that the facility has owed the town more than $700k s_ince it was approved a decade ago? Did the town charge them interest? If I did not pay my taxes or fees would the town be so lenient to me? The facility is also in deplorable condition with mud and water exiting the site regularly onto Osgood Street. I trust that you as town leaders and administrators will move to halt construction until the Edgewood site is made compliant with the terms of the decisions they agreed to. Including payment of ALL funds owed to the town with INTEREST. Paul." 3/12/2009 Page 3 of 4 Your concerns for erosion and sedimentation of the roadways at Edgewood have been a concern of the Commission as well. Edgewood has been working closely with this Department and their environmental site monitor to address sedimentation issues. Edgewood sweeps their roadways weekly on Friday and recently cleaned all existing catch basins on site. In addition to the erosion control required by the Order of Conditions, Edgewood has implemented many additional measures requested by the Commission to keep the site as clean as possible. Proposed stormwater facilities have been constructed and are operating. Regarding the $700,000 owed to the town, I believe this is money to be used for future affordable housing needs and payments are triggered by the start of construction on different portions of the Edgewood expansion. My understanding is that the payments have been made according to the predetermined timeline. I have copied Curt Bellavance, the Director of Community Development, on this email. Please feel free to contact him if you would like more information regarding the payments to the town. It My contact information is included below. Please do not hesitate to call me to discuss your concerns further will indeed be sure your concerns are read into the record at tonight's meeting. Jennifer A. Hughes Conservation Administrator Town of North Andover 1600 Osgood Street, Bldg 20, Suite 2-36 North Andover, MA 01845 Phone 978.688.9530 Fax 978.688.9542 From: P Benanatto [mailto:benanatto@gmail.com] Sent: Wednesday, March 11, 2009 3:41 PM To: Hughes, Jennifer Subject: Conservation Hearing 3/11/09 Edgewood Ms. Hughes, 3/12/2009 Page 2 of 4 On Wed, Mar 11, 2009 at 4:30 PM, Hughes, Jennifer <jhu hes townofnorthandover.com> wrote: Mr. Benanatto, I have been closely monitoring the project at Edgewood over the past several months. The Conservation Commission has jurisdiction over all portions of the project that lie within 100' of wetland resource areas. The Commission also reviewed all stormwater aspects of the proposal. There have been several minor modifications to the Edgewood plans since construction began on the site. Tonight's hearing is to discuss minor modifications to the locations of several of the proposed units within the Commission's jurisdiction. Past modifications including a sidewalk relocation and addition of a stone wall and fencing at the entrance do not need to be recorded at the registry of deeds. These minor modifications will be reflected in the as -built plans. You are welcome to review these changes at the Conservation Department Monday through Friday between 8:30 and 4:30. Below I have cited the regulations from the Zoning Bylaw relating to earth removal. As you will note, projects with Planning Board approval and building permits are not required to file for an Earth Removal Permit. Earth Removal Incidental to Development, Construction or Improvements 1. This regulation shall be deemed not to prohibit the removal of such sod, loam, soil, clay, sand, gravel, or stone as may be required to be excavated for the purpose of constructing ways in accordance with lines and grades approved by the planning Board, or for the purpo;'e of constructing underground utilities. 2. Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the building, driveways, parking areas. and from areas where removal is specifically required by the Board of Health in connection with disposal systems. Where special circumstances exist requiring general regarding, removal of peat., etc., the builder may file a plan and request for an additional soil removal permit with the Building; Inspector as provided in Paragraph 5.6 below. 3/12/2009 rage 1 of 1 Brown, Gerald From: Cheney, Skip Sent: Tuesday, February 24, 2009 11:46 AM To: Bellavance, Curt; Brown, Gerald; Community Development; Willett, Tim; Willis, Gene Subject: EDGEWOOD RETIREMENT — �% 5 , o � 5i V`4 4 Importance: High FYI Effective July 2009 (fiscal year 2010) MAP: 36 PARCELS: 17, 18, & 19 will all be merged with MAP: 36 PARCEL: 3 per plan # 15919 2/24/2009 SCALE: 1 "= 2000' +/- 1 I FOR REGISTRY USE ONLY OSGOOD ST. v 0 n N - \-LOCUS 2 I CERTIFY THA T THIS PLAN CONFORMS LOCUS h TO THE RULES AND REGULATIONS OF THE REGISTER OF DEEDS. NORlH ANDOVER ZONING BOARD OF APPEALS ( 1 9 NIN . BOARD OF APPEALS PLAN_ DATE: LOCATED /N NOTES: TH ANDOVER, MA. _- - ----- _ RECORD OWNER & APPLICANT "M THE PURRNO AN OF THIS- PLAN LL TO' SHOW THE JD -GE - REPLACED y� ��"MILK BARN AND EX/STING DWELLING; PRE EXISTING; NON CONFORMING STRUCTURES TO, BE REMOVED AND REPLACED AS PART OF THE APP DER' T'S _CONTINUING ry1 T CARE RETIREMENT COMMUNITY UNDER' BYLAW SECTION ; 1 Il\�I) 2.) THE WET LANDS WERE DELINEATED BY WETLANDS T �T T v' PRESERVAT/0N IN 47 NEWTON ROAD; PLA%STOW, NH �J 1 d 1 i INC (AUGUST 2006) & (NOVEMBER 20061 C/O MARLENE ROTERING 'OOD STREET, NO. ANDOVER, MA. 40' DATE: 3/1%9 0 40 80 FT L N h NAL ENGIN SG RG PROLAND OSURVEYORSEERS RHILL,MA. 01830 TEL. 978-373-0310 BY CHRISTIANSEN & SERGI INC. - DRAWING NO. 06084 018 .c,