HomeMy WebLinkAbout1988-07-22 Correspondence 0 T F I C F S (A .jK Town of
APPEALS AIM14-
NORTH ANDOVER
RUILIANG V
CONSEHVATION a mmsKq w W 1 w(i85-4775
HEALTH
FLANWNC; PIANNING' & COMMUNITY DEVELOPMENT
KAREN H.P. NLUSON.
Mr. John James
Steinberg, Shaker, Lewis & James
370 Essex Street
Lawrence, MA. 01840
RE: Site Plan Review - ADS Management
.. ........
Please be advised that the Planning Board voted to close the
Public Hearing on We above cited matter during their June 30, 1988
meeting.
The board has scheduled to issue a decision op this Special Permit
during their July 21st meeting. If I can be of aRy further assistance
In this matter, give me a call.
Sincerely,
Scott Stocking
Town Planner
ARCHITECTS - ENGINEERS - PLANNERS
105 Webster Street, Unit I & 2'
HAnoveq MA 02339
Y17) 3310480
May 18 , 1988
The Planning Board
120 MOP Street
N . Apdover , MA 01845
Re : Nursing & Retirement Center of the Andovers
North Andover , MA
Gentlemen :
our office is submitting herewith Pipe (9) copies of the site
plan and related details and infromation and approval . Please
note that the Board of Appeals Petition #90-88 was approved
with conditions . Our office has revised the attached drawings to
provide compliance wiht these conditions . Please note the
following :
1 . We have revised the number of parking spaces to 90 spaces ,
See site plan for location . We also incorporated sufficient
parking spaces for the handicapped .
L The house which presently exists on the site shall remain as is
except for general site modifications due to construction of
drives , utilities , etc . The Owner agrees that the house will
be used for ancillary services only .
3 . We have redesigned the parking lot to comply with a single
entrance which shall line up with Berry Street and will be
subject to the approval of North Andover and State of Massa-
chussetts D . P .W. requests . We have also included a decleration
lane as required by the State D. P .W.
4 . It shall be noted that even though we have designed a complete
on-site sewage system in accordance with Title V and submitted
same to the Town Board of Health . We also show a condition
of the Board of Appeals , a dry sewer line running from the
proposed building to the street . This has been done so the:
facility can tie into public sewer when it becomes available .
5 . Our engineers have checked with the North Andover Board of Public
works as it relates to confirming that their is a sufficient
supply of water available for this type of use .
97101!er
By viewing the attached drawings , we believe the above listed
items are delineated in such a fashion that they will comply
with the Town of Andover ' s zoning decision .
We would also like to point out that in order to comply with item
#3 , our office had to redesign the ground floor plan to relocate
the main entrance to the building . This was submitted to the:
Board of Appeals which reviewed same and subsequent to a Public
hearing determined that the changes that were made were acceptable,
subject to North Andover Fire Departments review and approval .
Our engineers have review the new site plan with the Fire Chief
and at his request we are going to provide access to the northwest
side of the building by providing an 8" subsurface gravel base with
grass cover . See dotted line on site plan showing location of
this access .
We have revised our lighting layout due to the redesign of the
parking lot and show the hydrant locations as requested . We
believe that this project , as submitted , should not provide adverse
impact to the surrounding area and it is consistent with the
Board of Appeals decision for the approval of this type of use .
if our office can provide you with any additional information in
regards to the submitted documentation , please do not hesitate
to contact us .
Sincerely yours ,
DAVID H. DUNLAP ASSOCIATES , INC .
David Dbnlap ,, Jr . ,/A^K:
PresidlYInt
cc : A. Solomont
M. Blank
J . James
J. Borgesi
Note : attached hereto is the Board of Appeals decision dated
September 27 , 1987 and subsequent approval given due to
design changes on January 19 , 1988 .
LIST OF ABUTTERS
Frank Fiore, Jr . , Twuntee
berry Street Trwt
16 berry Knrm�:
Rorrh Andovf-IT...' 1111
Jean a n 0.1 Pa 11 1. V ri-)kt x
1812 Turnpike Strout
North Andover, MA 01345
Spar & Bpind3e
Girl Sumt Council . Inc .
M51 Turnpike Street
North Andover, MA 018W
John M . Cormier
V JV3V Turnpike Atreet
North Andover , MA 01845
Guy M . R10har6r.
WS1 Turnpike Strout
North Andover , MA OMS
4)
Vj-'
FORM L
R.EF,,ERRAL FORM,
Preliminary Plan
Definitive Sibdivision
Specia.] P C!TFI i.L
�yLSite Plan Review
North Andover, Massaeburetts
I�'
Director, Public Works 177-2-
Sup't/Highway, UtiliKes & OperaLionns
Director of Engineering & Akj,,jjjjnimatraLio /U.)"ezl --o'
Supervisor of Arestry & Grnnnd
7
Fire Chir
Conservation Commission Q New
ry
inspector of Buildings
Board of Real-th
Police Chief "V .,
'V
Planning Board
A Public He a ring an been scheduled for /7 50 p"I'll. on Z"1'4e"
to discuss these plans. (Preliminary plans do not need public hearing.)
May ve have your camments and recommendalans concerning these plans
no later than
Thank you,
leik, Planning Office
ry
Otem&p oi(twodatej, Vue.
ARCJ-111TEursi - ENGINEERS - 131-ANNERS
�105 Webster Street, Unit I & 2
Hariover, MA 023319 1
(617) 331-3480, RN
June 30 , 1988
Planning Board
NOrth Andover , MA
Attention : Mr . Scott
Re : Nursing & Retirement Genter of the Andovers
North Andover , MA
Dear Mr . Scott :
Based upon our meeting of June 29, 1988 and our previous meeting of
June 15 , 1988 , we have revised our submission to coincide with the
technical review committ88 " s comments and based upon the concern
about the grade along side of the building facing Salem. Turnpike ,
we 'have redesigned our site plan and reviewed it with the Fire chief
and Building Inspector . The Fire Chief requested that the trees
located along this facade be relocated use they would not interfere
with access of equipment and requested that the shurbbery be kept at,
a low height of 18" - 24" in this area , We have tried to accomodate
this request . We also reviewed the relocation of the fire hydrant,
in this area . It is acceptable as long as there is a 7 - 10 ' area
clear area, around the perimeter of the fire hydrant(no shrubs) ;
otherwise , the accomodations that were made for the Fire Chief
are in accordance with Dunlap Associate V letter dated Jvne 1 , 198V
lie believe that our submissiop , which is attached hereto, complies
with the concerns of the various town agencies stated at the technical
review committee meeting; therefore , we are filing this material with
the Planning Board and respectfully request a site plan approval .
We appreciate the time that the Planner and various regulatory
agencies in the town spent with us to refine our initial design .
We believe this facility will not only be a asset to the community
but is also compatible with the neighborhood .
Sincerely yours ,
DAVID H . DUNLAP ASSOCIATES , INC .
Z- ./1111
5avid EL ap , Jr . A. R.
Presiden ,
CC ; A. Solomont
M. Blank
J . James
ARCH!7FE-,T - ENGINEERS - oR A NER
106 Webster Street, Unit 1 & 2
Hanover, NIA 023,39
(617) 331-3480
June 1 , , 1 88
North Andover Fire Department
124 Main St .
North Andover , MA 01845
Attention ; Chief Dolan
Re : Nursing & Retirement Center of the Andovers
North Andover , MA
Dear Chief Dolan:
This letter is to confirm those items discussed at our meeting of
June 2 , 1988 relative to the subject Nursing dome .
Subsurface Drive :
We will eb ange the configuration of the sub-surface drive to
show the grasscrete block as manufactured by Bomanite .
instructioTis will be given to the operational personnel to keep
the surface maned and glowed to maintain proper access .
Hydrant :
The hydrant shown to the right of the building will be relocated to
the island near the entrance as you requested .
Fira Dine
Fire lino extension will be made to provide fire station alarm.
We are aware that the nearest tie point is at Chestnut St . and
Route 114 , We will contact Dina. Storage (John Todd) to work out a
joint line .
ExistingHouse :
The existing hotise will be outfitted with beat detectors , horn and
be tied into the alarm system as a zone .
Dage two,
i , Andover
Fire Hoy Cabinets :
Interior hose cabinets , if local connection required , will be
piped t6 have connection in stairwell . Cabinets will , in all
cases , be connected to exterior siamese connection for exterior
hook-up .
Air Exhaust , Patient Roomst
The operation of the system is such that upon fire alarm, the
air exhaust system is automatically shut down thereby not contrib-
uting to the fire spread, as you desire ..
Gas Meter :
We will review the gas meter positioning with the utility company
and if possible , locate the meter towards the front of the building .
Smokina:
Smoking is allowed in patient sitting rooms , employee cafeteria and
pub rooms only , We will coordinate local detectors with you on that
basis . Letter from operator attached .
Stair Wells :
Smoke detectors will be installed at both the top and bottom of
the stair wells .
Fire Alarm Controls :
A secured key access box will be located near the fire alarm control
unit . We will endeavor to position all components in close proximity
and review those positions again with you .
Outdoor_Storye :
No combustible material , propane gasoline , etc . will be stored in the
6utdoor storage ,
The items noted above will be incorporated into our drawingt am soon
as possible , The revised drawings will be provided to you .
Thank you for the time you spent with me on this matter .
Sincerely yours ,
L , Henry Goulston , PE
Daviddi . Dunlap Associates , Inc .
cc : A . D . S Management - S , Iasi its , A , Sol amont
pcndenn - 1 . Hiller , M , & , i &,
ADS
4fr��it,Fr'rrr tit, Inc, AICI r 0.-'W0u:o7+t
P�if'�4ioF,1 C
360 AI Ewff dCk SOW
7,ururaence,t5{ass"buseus oifs43
61716851-3-411
June 2, 188
a Henry GoWston
Dunlap Associates
105 Webster Street
Hanover, Massachusetts 02339
Dena-Henry:
'De Nursing and retirement Center of the Aindovers will permit stnoldng in the
following areas:
* All patient sitting rooms
• Employee cafeteria
Pub
if you have any questions, please call me at 699-3422.
iceeiy,
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(4�-Kp v{ -.1�-; 1 1! NORTH F"I t rt C/ 1 i.�/ 1 k 1 Imo. :sue ,; .i - "i 1'
z CENTRAL FIRE HEADQUARTERS
- • i' 124 Main Street
12
g CHI}4 # North A Adovor, Mass, 01845'
r-J, {1 r3l Depir�FrIeN
To : Scout t- xing, Town Planner
From. Fire Chief Dolan
Ede : Nur ilig & Retirement Center of the Andovers
Date : June 8 , 1988
I have reviewed the plans submitted alle, have also met with
Mr . 1ienry Goulston of David H. Dunlap Assoc:i aLes .
Mr . oulstonrs letter addresses spec�fic� t:o��i �� ������: me#=�tr:g
and that letter is acceptable to me.
Our major concern in this projeot is life safety for th'a
of the 1.42 beck nursing alld Retirement center .
The facility will bo sic ( 6) minutes frcrn Station IT which is the
Nearest Engine Company and mine (9) mi.nut—::s from Station 1 , front
which Engine I r sadder 1 and the ambb dance would rc.� and r
Mr . Solomont has proven his dedication to fire piclt:;;ot .on an
prevention by providing quality care at the prescott House Nursing
Home . The same is expected at this fac iiity .
Tilt, ;r05Q0tt House and Stevens Hall Nursing Home: currQnt1Y are
within two (2) mi.11utes of StatiOn I W'd II .
The new facility will incorporate the best "built in" fil'a PrOract-
ion features available but not: have tia� p,,s;.. response time in �:hs.
emergency .
As usual, no optn burning will be permitted during 1,;0115t'.r V tion
except as permitt.ad by the open burning law and regulations of the
North Andover Faro Department. This j5 Of 8 i.gni E icance due to
its proximity to the Harold Paxker State Forest.
Any underground fuel storage must comply with State and Ncorth
Andover Fire Department requirements . '
I intend to be present at both the Tocbnical Review connittoo
moetizv Oil Juric 8th and the public hearing on Lev � 16thp
_n Sr i L— Y
3 - I'r -y-ir��l�•r � G'
0-0
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4 �
i E
r -r
- ?avid H. Dunlap dissociates Ina.
I I � , W � [)ES
F ETA 1 L
.. GL ! .E
OFF107.SOF: WTJ rrow n of 1
•
-)� F - JNtffthAE1di5"-1.'1-.
APPEAL-'; 1. k '111 1!;ELtC.�;t)J HLJ'7�
NORTH ANDOVEI
CONSY-3WATION (W N!1AQV;47M
I tF.Al-T1 I
P1-ALNN IN(; 1"1.ANNING & COMMUNITY DEVELOPMENT
June 9, 1988
Ms. hope MinicucK, DiyectoT
Worth Andover Housing Authority
310 Green Street
North Andover, MA 01865
Dear Ms. Minicucci:
Currently the Town is reviewing final plops for a proposed Nursing
Rome proposed by Alan Solomont located on Rte 114 and Berry Street . The
proposal calls for the construction of a 142 bed home with related kealth
care and support facilities.
There also exists un the site a large old farm house which the developer.9
must leave in place, but currently propose no use for the building. The Towns
Technical Review Committee was wondering if the Musing Authority could utilize
this under utilized building ip some capwcity. Its location immediately adjacent
to Rte 114 poses some problems but a use might be found which could fully urilize
the house. The Planning hoard will hold its first public hearing on this prujecL
on June 16th.
I am available should you want to pursue this matter further. Thank you
for your time and effort in this matter.
Yours truly,
Scott A. StockiRgl��)
Town Planner
RAS:min
Frown of
OVIACES OT-:
APVEALS NORTH ANDOVER
CONS I-,E WATK)N 14 NAMU41477F
I WALIH
PLANNENCA PLANNING & COMMUNITY DEVELOPMENT
June L , WRH
Mr . juseph D ' Anaplu , P .C .
Arting DistrAL Highway Engiunel-
District 45
655 Mapla Stroot
14thnrny ? HA QlQJ",'
Rf- ; NuT--SjTjg and s q,��tiyement Cantor of
The Anduvev,i
vear
rpqVrAiny bhe above cit-d V"hj- . t '
Luordination of the rvvi7w olte via" cut Won proOrt V"d nyrr5v U?l
Route it, is cvincal W imsure adequaW and safE automohiip movpmoiAn -
n7r; YE'3Cj the "eW SitO PlOn HOWUW PeqUlakOnS "Pq" WP
dcv& opments W file an ENF with the Staty Lo"current Wth thi- ir
application to W" Planning Board for Sitm Plan Review .
[)[? r3jvised that if thp developer Wils to filp 450 KA
with tAIL.- State prior to the Flapning Boavd firnt public heariao on Ihi --
matter , I WK strongly r-cnmme"d that the Roord deny W" appliqalict-E
since it in am incowulete filial .
IF I ran bw ur on, further aqnintaune x " this mshh-i PlwqcP F- 1
I ee to call MU .
wincul r 0W .
to -Ott MAW9 . PIC
fawn plannur
Alan Solomorlf;
John Jamn7-
Richard F. Kaminski & Associates, In
eptemb4L,r
Chief Dolan
North Andover lire Department
Central Fire Headquarters
124 Main St.
N. Andover, CAA 01845
Re: Site Plan Special. Pere
Cabot Village
Dear Chief Dolan:
As requested, enclosed please find a copy of the nevi
Village Site Plan.
The revisions include a brick fire access lane with a
Base located parallel to Route 114 and the addition of
adjacent to the - Lawrence Eagle Tribune property line.
There will be a Planning Board meeting Mondayr Septembe
vote upon the site plan Special Permit. Your comments
greatly appreciated.
if you have any questions , please advise .
Sincerely(
Richard r r Kaminski & Assn
� r william Place, P. D.
IWP nc r
cc; Forbes Realty
Karen Nelson
IP816
Architects Ej Engin ers u Surveyors 0 Land Planners
00 Sutton t., North Andover, MA 01845, ( 1 ) 8 -1 4 .
Oameap c4ijoe4atej, 9me,
ARCHITECTS, - ENGINEERS - PLANNERS,
105 WebOer St,reet�, Ur'J't. I & 2
Hairvoverl, MA G2339
(617) 3310480,
September 29 , 1989
Town of North Andover
Planning Board
120 main St .
N. Andover , MA 01845,
Attention : Chris Huntress
Re : Nursing & Retirement Center of the Andovers.
N . Andover , MA
Dear Chris :
Enclosed are two (2) copies of a revised planting schedule
from that approved for the facility by the Planning Board .
The changes were brought about by availability of specific
plants . The changes do not compromise the overall concept
that was approved . The changes are basically type of planting ;
however , if you feel that additional planting is required ,
we will provide those upon request .
Based upon the prior approval and the time of year , we
are proceeding as shown which will enhance the site . Any
additions you may require can be added at a later date .
In the event there is any clarification of drawings required ,
please contact this office as soon as possible .
Sincerely yours ,
DAVID H. DUNLAP ASSOCIATES , INC.
?
L. Henry Q,01ston , PE
CC : D. Noble
R. Collins
J . Solomont
D . Hiller
Enc .
MY&
i
fKauj
,fir
r ,Aar",
No. Andavok
Solonnnt Nursing Home
DISTRICT #5 OFFICE
Rte. it
i 4
y o
I ..
Mr. Scott A. Stocking
Town Planner
Town 1511
No. Andover, Massadhusetts 01845
Dear fir, Stocking:
With regard to four letter of 4unc 7, 19%, we a& un,abie to,
commmmiont On Lhe driv&ay approval to the AcKity of the Sol -
rmouL Nursing Home complex, a,i.n& the propaz enL has not; offi-
cially submitLed it to the District.
Very truly yours,
Arthur J. 1�oo , Jr. , PE
M A/mILf
cc, RHJ
AD
Town of NorthAociover, Massachusetts or Pie, z
xoR„� BOARD OF HEALTH
f * ' ,"
d
3 %
: - DESIGN APPROVAL FOR
SOIL Af3 ORl'1-ION 5 EWAG E DISPOSAL SYSTEM
Applicant + Test No
bite Location I - vc< �C
. „ . C
#�eferencc Plans and spec-S. . U
EKG1NEf-,R DESPQN D TE
Permission is granted for an individual Soil absorption sewage disposal system to be installed
in accordance with regulations of Board of Health.
R AN, GARD0FHEAL-T
Site Syste�jj Permit No.
Fee
#�
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"o V 0 N1 aall , Gq
NORTHANDOVER
dy tl t r t Lf u u rr tl( "'m
June 28 , 1989
oittemm
Aa.ci . iii ja(yrit og the buitding is 161. 83 which gives a buifidin p height
vj 34. 00 6t. This hellht AU be in cqar.Ay mailae r#ith the a1equ,a,A(gk1en
oar. the bo vo:-trrenti aned pah j .c^.; ..
u t " ,
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D. RAW Weetta,
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a. , vPfD
OFFICFS(-)F- 'rown of 12n NI?kill Sin'�H
Nc m 11) Ai ic tnvt�r-
APPEALS 4,
NORTH ANDOVE m..1m sclin sbls
(,()NS FR VA-E-1 ON maw 6R!3 477 5
HI-.-WAI I
111-ANNIW; PLANNING & COMNAUNrrY DEVELOPMENT
KAI 11,1N I I.P. NL-LS(.')N, DIRFIC"FOR
Mr. John James
Steinberg, Shaker, Lewis & James
370 Rssex Street
Lawrence, MA. 01840
RE: Site Plan Review ADS gem
Please be 4vised that the Planning Roqrd voted to close the
Public Hearing o t cited mntter during their June 3U, 1968
n he
meeting.
The board haR scheduled to Issue a decision on thig Special Permit
is
during their July 21.5t meeting. if I can be of any further ass ta c
in this marvel, give me a call..
Since-relyj
} - ��` ~
Scott SLOcking
Town Planner
; �x :2 "- wri}! 51Lr1C: f,± ills
Oil 9
v
CIO Ms. Amanciatow Inc.
t 1 t 5 x 5
1z7�A , + EtYnoa ,"t7tq L .tYbCJ ;'yaYx Y"�•'F• •..y7 51G.#�{f 3C �.�.. a '�, .r =� k4i....
} "� wiice C+ �. }'2�.` lr i"'Ksi. 1..y �,13 in ro a•" l' ,:r ai. Si a.�. ' �f- Of bhv4,
f- 2 = tom.: _ '
r l �..� x.�:kf * ✓u 4:.�tt ti.N. � .0.1 4'.i .tar' ii
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"- to-,l .'el-lb5 to dra tee, .t,s, +Aft
you bay. Qv;
L BOARD OF HEALTH
� a
} o 'F 120 MAIN ST EF1 TEL, 682-6483
"' �r•�''" N ORTH A NDOVF,X, MASS, 01845 ExL 32 or 33
January 26, 1989
firs, lCaren Nelson, Director
Department of Community Developmeint
'rowtn Hall
Nortb Andover, MA 0184.
Dear parent
This letter is to make you aware of the fact that the cons.t€`u�tion
site for the new nursing haute on Rt. 114 is very close tv the old
]tarnhwn family cemetery. I lave received a number of calls lately fre)n
town residents and members of the Parnham family asking me to do what
I can to crake eut`e this Bite is not disturbed. You and I have discusaed
this matter before but it might be useful for you to know a little about
Seth Farnham whose grave is the only one in this cemetery.
Mr, Seth Farnham was. born in Andover (now North Andover on
Septoinber 16t 1.805. He was the sort of Benjamin and Ruth (Saltmarah)
Farnham whose graves are across the street in the neighborhood
cemetery on the riding ar-odemy property. Seth's grandfather was
Captain Benjamin ]Farnham wino fought in the revolutionary war. Seth
died at the early age of thirty nitre and left a wife an ]tour young
children. Realizing that the end was near, he requested that his bndyr
be buried beneath a large oak tree on the fat`m, not, far from his house.
His wish was granted and although the oak tree was taken down a few
year*; ago his grave stone still stands erect. The inscription ort the
stone is as follows:
Mr. Seth Farnham
died
may 3 1$4
Age 39 years
Beneath this stone, til Christ shall
laid him rise
A husband clear, and much loved
father lien,
Yet cease to woep - tis God be
calm and still
And bow in sweet submission to
his will.
t1j,Ej young widow did not die, for inany yearii and tq that Lhile tile
custom of burying the dead oil ern ivaLe fArtna in the hirg�er towns Of
MansechuseUm wan almost exUncL. Her remains were interred In
Mdgewood Com"tery wherein one fhrds the am of tier yoxArtg husband
bf.'�side her,s on the Mine in, that ceinetery. Seth still pencesmy sleeps in,
fill resting place on the site of the old Farnham fainfly farm.,
As you, cnil aee, someane (mrad very tviuch for- old Seth. arld I
IT Ink that it in Incumbent upon us to mee that nothing happans to Irlis,
grava it ndght be as good idea Mr s)oviieone Proust the plarining offid'ie M"
the ConservalJorl Cfaillinimaoxi to inark the silte on you.r play lin arid, U�) talk
to the contractor who io WOOd"M On t1te site. Not 0,111Y iB it a f(A-lOrkY to
disturb as grave but I linve it on good authcwity that if Setfils, grave is
diaturbed in any way, his ghost wiR take up remidence in the planning
ofuce.,
Sincerely,
00
(layton Omgi�)od, Chafrm,an
em Paul Sharon, Wwri Manager,
Betx Farnum
Guy RkTards
BnARD OF HEALTH
/ 12U MAIN STRUT TEL 682-483
, NORTH AND(WER, MASS. 01845 Ext. 32 or 33
A�q#
TO. Planning Board
FROM: Michael Graf
DATE* March 2 , 1989
RE: Nursing Home, ADS Management - Turnpike St .
On March 1 , 1989 , I reviewed a revised Septic sysLem pƒ\rl for
the nursing home under COIIStrUCtiOft on Turnpike St . The {§vision
increased the amount of breakout fill for the eastern co/6@I of the
Septic S/Stem, Similar designs aging compound slopes ,ƒ6r fill like
this have been approved in writing by DRQU . In 1985 . I rejected a
Similar design with a compound Slope like this and my ruling Was
. actually overturned by D«03' s wastewater division. It is mf opinil
that the current design, which has no date of revision, satisfies
Title V requirements .
5iicer 1 a
Michael G£a
F,
Frown of
NORTH ANDOVER
N t)E 1057J EiA 1-77
F-]WA-J-i ON :
HE A.1.'P I
15-A.'N N IN G I'LANNING & CO-MMUNITY DEVELOPMEN'l'
K A R F N I I P, N,1-,',l-SON, DI I i ECTOR
TO- T). Roburt Nicettay Buildi Nor
From: Chri,,;tii-,kn C. En;;;!�!::W Planner
DO` EC 4/IL/GV
RE: A. D. S. Manopument , 114 Nor5inD Home.
This is to infer o you that the Planning Board is withholding
their approval of thin site until such timQ as they receive
writtan re-vibification from the Board of Health that thn septic
syAum demign in in compliance with Title 5.
Mikc- Graf tits submitted 8 jQtter datud N8rch 2, 1989, which
WW5 that tj,j-
%j tf. doE.?B c-oia p I y with T It le 5. Won f urthyr
Graf and othern, a reasonable doubt WE,� boon raised
review by Mr.
an to wather this OW has actually complied.
I h8ve asked Mr. r Gaf to supply my office with a letter in rqar ed
to thiG issue$ by 4/ 13/B9. I will keep you informed as to my
Thank you.
* e as
too000
0
f EL; - 8 V
NORTH NDOVF'�, MASS, 01845 ExL 32 or 33
TO: Planning Board
FROM: Michael Graf
DATE: March 2 , 1989,
RE: Nursing Home , ADS Management - Turnpike St.
an March 1 , 1989 , z reviewed revised septic system r In for
thenursing home under construction n Turnpike t. einions
increased the amount of breakout till for the eastern corner of the
septic system,., Similar designs using compound slopes for fill like
this have been approved in writing by DE E. In 1985, 1 rejected
rsimilar design with a compound slope like this and my ruling was
actually overturned y DEQE' 8 wastewater division. it is my opinion
that the current design, hi h has no date of revision,, satisfies
"title V requirements .
Sincerer
OORT"
O
�.. - BOARD OF HEALTH
120 MAIN STREET
NORTH A DD ER, MASS. 01845 TEL. 68 -6400
Planning Board April 13 , 1.989
Re: ADS Nursing home, 'turnpike: St.
I would like to address several ooncerns that have been raised
about the septic system plans foL- this proioct.
1 . Failure to meet slope requirements at rear property line . As
E pointed out to Eric during our site visit on Max'ch 24 , 1989 , the
topography on the plan shows a low area next to the lot lire which
does not exist as such in the fi.eid. The topo was wrong_ On April 11 ,
1983 i watched JJE Associate?s resuvey the site . Spot elevations
show that existing grade at the lot line: is highe-' than the invert
of the chambers . The revised plan with corrected topography is
enclosed, as are my notes from the survey. I still maintain that
this slope satisfies title 5 .
. Plow estimates . Title 5 regaires DEQE approval and/or additional
treatment for systems with a design flow over 15 , 006 gallons per
day. By title 5 standards the: design flow is iinde:r 15 , 000 gpd. The
design flow was increased 20 % at my request , based on water consumption
rites for an existing nursing home . This is why the design flow is
over 15 , 000 gpd. A copy of a letter mentioning this is enclosed.
} 3 . Separate leaehfields . I ego not Mink that the separately dosed
sections of the ].each area rerquirer the four foot separation from
each othex as required for individual septic systems but I have
applied to DEQE for a ruli-Kig on this .
In conclusion, I have no reason yet to believe that the permit for
for this septic system should be revoked, unle s DEQE rules in favor
of the four foot separation , which would require the removal. and
32einstal_lation of 37 , 000 square ,feet of leaching chambersand that
woixld certainly impose an unreasonable hardship on the developer .
Sincerely,
Mike Graf �IS. , C .H.Q.
d","
7P
,
nZ
% fat,, zvn ?aa&.1.'
Daniel C reenba!trm CAPar?��";t�"'a "
0mUSSWer"
935-2160
Horth r dc)ver Ek?ann_1 of Health
Town D-�ildii�q
120 MS S#r,Npet Ti.t.l p -- M S 14 r rirag 1b_ir-ve
Nortb Aradover, MA 018 Iwaxmpi.ke Road
Gentlemen;
"1''hMetropolitan :Boston/Nort1aeaut Regicunal Office. DIA:;ioro of Water
Pollution Control of the )C ,r"tarin,Mnt of 11;n in iirimr'iital Quality Phainneving is in
receipt of your letter of Wr°"il 13, �1989 r a�Cr k"i tlg "��a a inter -ret.ati on 1 v
1" arb,ii rrt of Begu1ati,:po s 10 CMB 1 . 7: ( ) and 15. .1A:a, ( ) of Title 5 W I!.,1,q
State D-ivircim—)ental.
An engincer of the Department liar; rr:vi wt:,d the accaylgxkrryj.ng p1.;:Jra tutu] 1t As
r �tl. �s
tther) i t-ii��av aoft.i ae Department that the 1��tir� (4) foot.
.. �� � -ar.M,•-a u•.a r:ra't rr.:�w�n,.1 i.r���rr��u'r:+"
between walls of adjacent fields as statod ih Regulation 15. 14 (4) of Title 5
is not required r.�Jnce 11:x,v leaching facilities ( d,, - r: ) a e .4�� m-�r-mx,[a.olu'f:;ea✓1
Contiguously.
In rr-� ar s to tLae sanitary vi ar flLow to be gfz—rn=r
the. partri:ent aa.ir-es the sewage flow e,sti ° tc� ci'r,:-tr t s n tell in, 1�r°� �u1,m�ml,uria
1 .0 1 1 ) of MY 5 for de sign, purpDsea. and. ito 1, &):,,rd c Qrrr+,rn
stringent r g ulations, hich would be 100 ga l lann per person per day or 14,200
g'allons.
If infor"iii tin i r"
35-2 1 0r .
Vary tr"1 Y i m)rs
"w~hnitxwr St. ,, Boston,, DIA 021U8 At.tr,: HaT:;r'7k., Fir.miva
- JAH, Associates, Inc. , 145 Mar~st,nrr � ,r°a,rr.'sop 1Y,p�u"�r�eu-a����M [°1��'i 1"A1��"i 1.
s
dw 1 d r°
A d`,01 wT rJ 11 -.11-4-1 a:xsr�iu we�a
NORTH ANDOVER
AIWEALS9i ,�.�Fa4d�'� � I)IV VSI'K..A,R"A OF1,.�,7WJ�A W 10,854,�� �d f
N AR YA� L,bI1�N.11 ' M
CONSERVATION I�IC�P
9 HEALTH
PIANNING PLANNING G die. C MMUNVVY DE' "Y0.0P"P IEWl'
"gy m, D. Robert r ,i a 4 Building Inspector.
sa
FROM Christian . Huntress, Eny1ron
ST
Y,
REm iADS Management, 11 ur sing home
The Planning Board has signed the plans for-, bh o above otated
project. Although the Planning oar is still looking into
several issues, I do not currentlyhave any grounds ith which to,
delay this projn .�
Thank err.,
a
OEElcES OR \ Town of � w� Hmnwhml
:-BUN-DING \w } NORTH AND O V EUt o,&
�whw9�e*,
CONSERvw!]O§
.® r)jy AiC
HR���� -
2LANNING
PLANNING & COMMUNITY MmyaLOrNIUIN £
KARENIRtNEES()N, 1 )[I 9R
d STANDARD /ORM
: \ ~ AGREEMENT TO £N££ND TIME l�QUIRmu e eI lON
\ 1. On _999 an application wag received
. by the North Andover P anning Board (the Board) ,
' \ Submitted by � � . �. . .� for a Special
\ \\ re lit under Massachusetts General taw (MGG) ,
\ » S Chapter 40A, Section 9 .
2 . eurs5aht to 3Gn. CEapte£ 40a. Section 9 . the Board
, and the applicant hereby �Luallyq£ e that [he
tide kitbi which Ehe Boa£R &hall render a decision
0n said n2 I . catio! is hereby ek£@j�eR to
\ end on b 3
jr
Signed as a sealed instrument this . _� day of .
} \ ®' For the North Andover Planning Board
. by -
» George 2orla Jr. . Chairman
\ \ : �
By
Ap211c t
s_4Yf
OFFFICrsOF; 'down of l-�arfklatiel `;fr�'('t
p N14 wEI i Aid(3ovet
BUILDING G `Y', ..;,' NORTH
�� R T 1 �; +Is,����tt i,�t�t Eth {}E�i�
C ON FRVA"I,fo 'w.
iii?rtl E"tE "c" e` UNISION{}3- f�{)�#i{:i�l:� iii1�i=�
PF.ANNilV(,
PLANNING & COMMUNYVY 1}EVEAMP51EN'Y
K kEN H-P. NELSON, 31EREL.TOfit
STANDARD iF0101.
AGREi:M-ENT TO EXTEND THE REQUiRN) FOR A DECISION
On _ �M application was received
by the North ndovai: Planning Hoard ( the Board) ,
submitted b ' ---.,....- - .. for a s ad
2 . pursurtnt to MOM, Chapter 40A, Scotion 9 , thc- Board
azidi the applicant hereby mutually t3qree Lha# the
time within whir-h the Board 7;hall rerkdo- ` a decision
on said application is h reby extended to
end on Mn ,
Signed as a sealed instrument this day of
For the North Andover Planning Board
B
Georga Perna Jr. , Cliairman
By -
Applicant
� 4Q-rrown of
r
OFFICES OT.
Not'I!f A[5(10%'er
3E1CI.-EI •. •' NORTH ' hi,] SLkd-.��a, { €� � � 't'±F
CONSERVATION
HEAIA-1-1 -uryY }€VE ic]N OF
E'L.ANN€NCf
PLANNING C1 MMUNI-IFY IDEWEL PMEN'l'
KARL-jN H.F. NELSON. DIRE
June 11, 1990
David J. Bain, Jr.
Attorney at Law
36 Lawreszce Street
Lawrence, MA. 01840
Re: Jobriston Country Store,
Site Plan Revjew ReconsEideration to ZBA.
Dear Mr. Bain,
I am writing ii3 hot of clarifying ��ic peia)t8 of reconsideration
which must e addressed
in order for t1je Planjiiiig Bot� ci to vote
upon your application for a re onsiderat;ion to the ZolliEiq Boar,]
of Appeals .
rl arch for the Yia�-ini �g Board f:a vote favorable acti.c n �xpo11
our equost , you must first provide proof that your.
reconsideration is based on specific: and materiai c1ka1190-F to your
original application. The sped Cie reasons teat tile- 7,oElll]c� �csi��-d
of- Appeals (ZBA) denied your or;).9irial application are as frji.lows
1 . The ZBA did not have iliput from the State De artiuc-Ttt of Public
Works.
. The premise: are too close to the highway as s)-jowzi on ti]e
pens presented to the M-
3 . The petitioner has not zatisfied the PrOvi;iQ'15 Of .Sec_t.iC�n 10,
paragraph 10. 4 of the Zoning Bylaws . (COPY er�closed�
4 , ranting i ti-is variance would derogate from the intent and
purpose of the Zoning Bylaw.
The
-)Ian, as presented, would adversely of ficct tie
neighborhood.
According to the rail-lutes of U10 public Hearing , tjkc! 'Z11A fa) t that
size of the lut did riot lend itself to the co�'St rklctioil of t l-le
proposetd structure and parking facilities, arid that if approved
this site Mould derogate from thG general ink rat and Z�+�r��O ;o Of
the Zoning Bylaw.
Further, the minute: ! po
show the board felt this prect -- �c]
th3:-eat to the safety of vet7j.c1es entering and exiting f:rol« tlli
site, a condition which wouid adversely affect the 'No-ighbol:flood .
I hope this answers any questions ak to what issues you are being
asked to address . The planning Board has continued both public
ReEfinq= with regard to this property to their June 21, 1990
. neeting. As the Planning Board has a deadline of June 30 , 1990 to
act upon this application for Site Plan Review I would recommend
that you answer all of the above listed concerns prior t0 the
June 21, 1990 meeting.
As always, please feel £foe to contact 3y office with any further
concerns.
. sine fely�
";TChristian C. Huntress
Town Planner
cc= Planning Board
( . Karen E. P. Nelson, Director DPCD.
EAR
A1�/���� Zia. 32 Temporary Permit
The Berard Qf Appeals may grant a temporary Special Permit
IM for use or occupancy permit for a period of not more than
orte ( 1 ) Vea.T at_ a time , s u b 1 e c t to a single renewal .
Such permits shall be subject to conditions unposed by
L8117fl-1the Board related to safeguarding the C haracoer of the
district affected and shall be processed in accordance
with the procedures provided herein for the granting rat
nu speoial Permits .
10 . 4 Variances and Appaalii
>71122q�
The Zoning Board of Appeals shalt have power upon appeal F .
to grant variances frog [.he terms of this Zoning Bylaw
where the Board fads that owing to circurrtst.ance
M
relating to soil conditions , slope , or wopography of the
land or structures and especially aftecLing such land or
structures huz not affecting generally the zoning
district in general , a literal enforcement of the
'"?fir,;. ,
provisions of this Bylaw will involve substantial
i hardship, financial or otherwise , to the petit,ionez or;
appliwanL, and that desirable relief may be granted
}.ry} wiCk'iout substarktial detriment to the puhiic good and
without nullifying or substantially derogating from the
intent or purpose cf T.his Bylaw.
Additionally, an appeal may be taken to the Zoning Board ,
of Appe&w as provided Wrain by a person Oggjt1Ived by
reason of his inability to obtain a permin or entarcemenc
action from the building inspector, by the Merrimack
Valley Planning Commission , or by any person including
ap officer or Board of the Town of North Andover , or an
1-0 abutting city or tarn , aggrieved 5y an order or; decision
,tti
of the Building Inspector or other adjpi i.wzrative
officials in violation of any prraviziQn of this Bylaw.
Any petition for an appeal above must tke Laken withip.
thirty ( 30 ) days of the date of the order or decision
i that is being appealed by filing a Notice of appeal ,
x specifying the quounds thereof with the Town Clerk, Vitro
shall forthwith transmLt copies of the at>q)eal T-o such
officer or Board , whose order or decision is being
appealed, and to the Zoning Board cad Appeals . such
officer or Board Shall forthwith transinit to the Zoning
Board of Appeals all documents and paper consz iLutinq the
- .. records of the case in which the appeal is taken .
'" F �
1 . No pet,iLion for a vari.ance or appeals shall be
° ? . : granted until a public hearing in held on the tatter
by the Zoning Board at Appeals winhin sixty five
( 65 ) days; a€ter the Zoning Board of Appeals receives
the petition from the 'Pawn Clerks .
ecision
2 the or�ir�g Board of - Appeals must Make kt5r d
OP a petitiOFI for a VC the
seventy-five 175 ) days after the date of
Ork is filed With the `Town Cleric. in order to
peiMit
grarkt a petition for a variiC of arti13� e1 , o�ir
of the five 1 5 ) tne"'bers of eal�s fallsdtoi1tact
concur. If the Zoning Board of Ap}�
within the t' limits speciritd hovein , the
ance or appeal shall be deemed
petition for a vari
granted .
Zonjaq Board Of
the
tk the case of a varianc
e
,
iOfiS afe u z r and
Appeals E ay impose core it11
inzitttions of tiole and use these
, however ,
conditions cannot regal t� �ki�cti`� t�eavariatnce
of the land or structureetii.a�tarF or 1P
p8rtajan by the applicant, p Im
}_ owner . FurtYrerrRo = , if the exercis}od within �o��
] + the variance are not
year o titre dale of the grarkt , they shall
i,apse and May bL re--established OnlY after
notice and a Rew hearing .
3 , the Zoning Board of APP
eats shall cause to be made
a detailed record a us proceedings i«siicELLi59 the
vote of each member upon each question , or i � absent
or failing
co vote , indicating such ±act , all
setting forth clearly the reasaiY or re � sons hktie
Shall toe filed with the fkrt7�rCees� ( 14 ) public
office of the Town clerk ecisi tl�ashall b�� mailed
record . Notice ce o hdecision
{�pp ica51r. , or
fort,iiwith to the Petit�o��err
appellant, ignatel
to the patties in iEZYn at ttle�heari►'l
herein , and to every person pies stated
11 F
wlo recluestd that notice he sent to t�is� Arid �t
the addresz to which such ne Ls zo t3� f sany ,
Eaci-L tYot.ice shall specify that ap
shall be led �rithiTi LweRtY ( 0 ) da"' a f to r
d,aLe of filing of suci} t�ati shall �a1lzO fiice contain thy:
Town Clerk . The decision
cameo and addresses of nhe aner , and affected i(dif_ t a�v kriar3ce
of the land and/or structure
procedure how the variance cootlikss + itk tyke:
state or y require meats for issuing a vara�rnce } .
' Certification that copies of the decision have been
tiled with the ' lat"3rq Hoard attd 'Torn Citk arc
required .
a " o IIII° 1 '''lH � i IIIDEF)AURMEXT
NolJh A tl II dovo !M a s s, 01845
POP,,
WWII AmmAAM V DOL MINI j{ �m
VI�'J�IL. iR tt' V B8 B•,3 1w
re
Chris Huntress,
Town Planner
owmfieYNlVI '+ ✓"
] ram: Fire Chief' Dolan
Re: "Sutton Hill''
Date : June 26 , 1990
Recently Lt. Don Fountain and I became aware that the owner
of the Nursing Home of the Andovers have chang8d the name
without notification to anyone in this. office to "" uutto� Hill
.�n
j Nursing Howe and Retirement Center,"
We would request that you review this matter since all the
approved permits through the planning board were donne uund r the
name "Nursing Hoe of the Andovers" .
e do not wish to cause any hardship for the owners of this
facility but choosing a name such as Sutton Hill there ,is a
potential complication orn with such names as Sutton Hill Road and
Sutton Hill which are both far removed from the location of
the Nursing ,and Retirement Center.
well inntcnted person may call for an emergency and just
state the address as Sutton Hill this could delay the response.
Please advise me or ]fit. Den Fountain of this matter.
�r
William v. Dolanr Fire Chief
u c S MO M DE II�CTO FIS So4UE U'N"E.;,S''
TOE MMTOWN BUMUMG
37o ESSEX 57nFET
LAWRENCE, MSSSACHUSETTS QM40
I ELIPHONIF
(5081 608-61FP
TLLEFAX
(Saa) OUZ 2559
5qJIR70N A_ rIAM11,
GFRAI D NL LEWIS HARRY N. STNNRERS VMMSSB�
JOHN A,JAVIES.JR.jAr.)jCTTrn MA5 .,N.J�.AMr-ri n n—*
July 5, 1990
Ms. Karen Nelson ti �r V � �� ��� �� ° ,,,
Director of Community Planning
and Development
North Andover Town Hall
North Andover, MA 01845
RE: Sutton HAI N"rsing Home
Route 114
North Andover, MA
Dear Karen'
Than you very much for setting up the meeting between yourself,
Chief, Dolan and my client, Alan Solomont . As discussed at the
me tin, Alan will institute a written policy relative to emergency
communications with the North Andover Fire Department. These
instruct ions wi 11 include, but not be limited to, specific
instructions to use the name "Sutton Hill Nursing Rome on Route
114" or "Satton Hill Nursing Home on Turnpike Street" . The purpose
of these instructions is to lessen the possibility—of any Qonfusion
as to the location of a medical or fire emergency.
As Alan told you, we are optimistic that we can open the facility
by the fifteenth and trust that the Planning Board. will be
endorsing the as-built plans forthwith.
C ordially,
iloph A. james, ar.
JAJ/SMf
CQ: Chief William Dole
Alan Solomont,
Town of North Andover �oprrr
Office of the Bufflding Department
ommun Ity Development
and ei vices Division **
27
hi��les Street * ATL6l
N<Prth Andover, h+fass {'l os s GIB45 stc+�us
Telephone (978) 688.,9
I)- Robert l ic_utta Fax (WS) (388-9542
BuildingCatt�r�xrssi#�nc}r
March 29, 200 }
Attarney Laurence, J_ Rossi
Morris, Rossi.Hayes
32 Cestnrit Street
Andover, NSA— 01810
Atli;: Iianihain Housc/Suttoi loll Nursing Centeir
1803 ,Salem Tiwnpike
Dear Atty. kossi:
I am in receipt of your corre,,pondmcc dated March 2 5, 2002, 'Thank you for your
opinion on why you believe the structure should one raised.
The Planning Board acting as the Special Permit Granting Authority isstied the Special
Permit on the xet rred site,with co-nditions' As building omm ssionu/Zol ng
Fnforcemant OMcer, I do not have the j4u-isdietion to modify,in any way, the imp ased
caa)ditions- I am of the opinion that your clients must petition the Special Pony f# Cy'anting
Auth ority for modification of the original deci lion i f they wish to demolish the�tructure-
if you have, any other questions please calf Saxe at 978- 88- 545.
Yours truly,
D, Robert Nicetta
Building Commissimel-Maning Officer
CC, Heidi GrIffiln, Director CD S
Jacky 13yerly, Interim Town M-n.ner
]'.�)A1cT}C�FRE}[FI-;Ai.S6S&•.`1.5•lE ES�S3LD1�iLafRS-g�,�� [:[1�rSF,RV:l7.-ECTNG3iE-9330 �I[;A[;dl1�8S-959{l P[,.�.'r'hFf�(;bt3&-{535
ATTORNEYS AT LAW
:2 CHESTNU I STRPF 3'
ANC 0V] --'R,MAS SACHU SE TTS 018111
#IG-IAEL W-MORRIS TELEPHONE 1378) 415 1-100
IAIJRENCE J. ROSSI FAX {378} 474-04'IM
[DANIEL A. HAYES, JR' E-Maid:MRH.ANDOVEdl W-.RI7c?f+ NET
MF43SRAMORRIS UANISCH'
WAYNE E. SIMMONS,JR.`
MICKAFk. W MOWS. JR.'
'Also admilied in NH
March 25, 2002
Mr, D. Robert I icetta
Building omnwi ,,jQnCr/ oning OIECer
Town of North Andover
Office of the Building Departmenit
7 Charles Street
Forth Aiidover, NSA. 01945
Re: Farnuin HouseJSutton MR Nursing Center
1803 Salem Turnpike
Dear Mr. beet€a=
1 am its receipt c>I'your coin e ipondcnce elated March 18, 2002, While f agree that
the original Planning Board decision made rel=cr -tce to the existing housc would be
u iIircd as adrn-i -�*-ativc offices -.. and that the buiIdbig is a structure of historic interest
and should not be raised- Iipon further investigation, it has been bri<kuglit to icy at tent io;-1
that, in fact, While the bul IddiT18 may havu n1i11imal hlstOric iti#eresl 3 t road+ n t liav
historical value. 1 have-communicated with the Nordi Andover listorical Society aucd the
bailding is no I.on the NationA Register nor is it on the State Register and the Historical
Society would bi-,Interested only in preserviiig a record of the house by the, taking of
pictures.
An altempt by the original ovmers hack in the 8O's to renovate this property and
pull a building pen-nit was met with soine difhcriit r from €i� alpropriate'fo r� Boards.
It would be cost prohibi11 vc to make repairs to this property, I would suggest that
perlxaps the.special permit cars be, mod ifi and a]low my client to raise the pmperty after
preserving whatever hi9toric information the IIislorical Society would rocoiumQnd-
Mr_ D. RA43ft Nicetta
Page 'Two
March 25, 2002
1 will lie contacting you within the flea- fi)lure to havc furtlier cixscLISsio"
reg4I-(fiTIg the, above.
Very tTLIIY Yours,
T,anrc i. Loss,
LJR:sm
cc; hlcnFy St. Hilaire
I North Andover Planning Board
Unapproved Minufes
3 February A, 2003 1+� � L�
4 Regular 1 iectilag
5 �� Q
Mumhers Present, .John Simons, Chair, Alberto Angles, Vice Chair, lick Nardella, C'1crk; Felipe
7 Schwariz , George White; Jaynes Phinney, Associate Member
Members A seirt: John Simons,Chair
9 Staff`Present: I Justin Woods, Planning Diroctor; Debbie Wilson, Planning Assistant
10 ,
11 w ..
12 7:25pm Call to Order by Chair. Chair introduced Justin foods, the new Planning Dir=tor.
13
14 Discumion Item-
15 1, F ale Tribune Properties Discussion to R=ne fi-om R4 to{general Bwdrtess
16 boss Hamlin had confirmed, but nobody came for this discussion.
17 2. Mary Stella Trust—Worm A
18 Alty. Stella presented the phone to the board. The Planner read the Community & Development
19 Director's notes regarding this form A. The applicants are proposing a 13,000 square foot lot. The Chair
20 asked about access over the right of way. The applicants want to continue the road. The Chair stated the,
21 road has to be the proper width and grade for a road of else it would be a Subdivision. White. wanted to
22 know the Plans for improving the Woad. The Chair would like to sm the site. Phinney asked about the
23 present and proposed read surfacing. The .Board determined that if the road needs to be improvW, it is a
24 subdivision. The Chair stated that this action probably wristitutes a subdivision and asked if anyone
25 would like to make a motion, Atty Stella made a request to withdraw the application. Simons Faotiun to
26 permit the applicnnt-to withdraw the Form A apaliention,..2" While- Discussion: boon,_ Motion
7 carries 5-05-0.
2
29 1 Nardella arrive€L at 7:20pin)
0
31 3. 1803 TumpiW Street—Genesis Health Care
32 Atty. Wayne Simmons was present repro-noting Cienesis. The Board discussed the historic value of the
33 pre ei1y. The applicants warut to tear down the structure and amend the planning board's previous
34 decision by carving off` a separate lot. Angles asked about dimensional qualities of the lot, - lie. C'lu&ir
35 asked why Genesis doesn't just create an easement and keep the lot the way it is. Atty, Sirs mans replied
36 that they had not thought of that. White stated that he prefers the easemeenl. The Board prefers the
37 easement.
3
39 [Schwarz arrived at 7:28prn]
4D
41 4. Forest& Rea Street- Bond Releases
42 The Planner presented the Board with the background on each request. He confirmcA that he had
43 conducted site visits to each location and recommended releasing,flue requested bonds.
44
45 Nardella Motion to rcla:.e w the $5,000.00 and all renmining bond monies for.. ea... treel. 2" by
46 White. Discussion: None. Motion carries 5-0.
47 -
48 Nardella Motion to release the S5,0,00.00 and aft reniainigg bond..monies..for_Fomt Street, 2`1 by
49 White. Discussion: None. 1blation carries 5-0.
50
51
L BO OF 4JR R
ARD REGISTRAI ION OF PROFESSI ONAL E NGMELHS�AND PROFE-qSJONM, AN D S , VEY0 S
At)visoi Y RCjl,TNG O THE BOARD OFREG ls'TIZATION 01'PROPP.SSIORM, ENGINUERs ANT),
PROFESSIONAL LAND SURVEYORS,, PURSUANT To 250 CMR 2.09
It has, entne to the Boards attention that sonle Land Surveyors Enay have been misinterPreting the
requircments,of 250 CMR with regard to,the practice of dividing or subdividing land..Please be advised:
MGL Cl 12, §8 ID defiries the act of dividing or subdividing any parcel of land into one or more new
parcels as the 'Tractice of' Land Survcying." Said practice is therefore, one that the Board has
authori ty to,regulate via procedural oi-techn ical standards of care.
White the word, division or subdivision, is not found in the heading of 2 50 CMR, Section 6.0 1, it is
clear fi.,orn the heading's referenoe to "Cadastrall" or.. "Original'" that this section addresses the
practice dividing or subdividing land. Additionally, section 6,01 makes several references to IN,, word
subdivision"in its text.
`I'lle Bow'd. draws no, dislinotion between the tej:nfinolugies "divisjo,a" and ",swlidivisiori" as, do�:� t:he
.,:Comm w
onealth's Subdivision Control L I,W 4. Ins cad„ the Board relies oil the broader definitioll of
subdivision to, include a ny d i vi sion of I a nd that wotil d del i neate a new boundary lime.
Spceifically, the Board finds that any of the following practices would not comply with the pro,visions of
250 CMIZ 6,0 1-
0 A subdivision or division of land that is not based upon an actual on-the.-ground survey ls required
by 250 CMR,
6 A subdivision that, by special language, attempts to fitnit the surveyor's liability to a standard of
care that is less than that required by 250 C&M.
0 A subdivision thitt WOUld delineate a riew, bOUTI&ATY line without the p1acement of sufficient
monurntntation to locate or relocate these boundaries m4be:-ground as required by 250,CMR.
* 111'edivision of a property into one or more new parcels that does not adequately assure:comphance
with applicable building, zoning and subdivision requirements due to the manner in Which tile
division of lots Nvas performed.
Therefore, the preparation of any such division or subdivision of land that does not cornply with the
provisions of 250 CMR as set fourth Iterein,sball constitute grounds for, disoiplinary investigations' by
the Board of Registration of Professional Engineers and Professional Land Surveyors.
This Advisory R.riling is issued pli.rstmat tO R &O-ternituRtion made by a majority of members
present at the duly called meeting of Me Roard of ]registration of Profes0unal Engineers, and of
Professional Land Surveyors on December 161, 19,99.
See "Defilifions of Slirveying and Associatud Terms"published by American Congress on,surveying and
Mapping defines Cadastral Survey ass"A.survey relating to,land boundaries and subdivigion, inade to create units
suitable fnT ftarlsftr or to define the limitations of
See"Evidence and,Procedures for,Boundary Lacation" as,well as "Boundary Control& Legal Principlcs"buth by
Bi-own,Robillardand Wilson slates that"An original survey creates boundaries,it does not asctTlain thcm,
S"'ce 250 Section 6.01 paragyaphs(1) d(6),(2)d, aud 1(2)d 4)
sm MGL C 4 1, § 81
we M(3L C 112, § 81 P