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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, VamnD. So omont l ld 4f2��zfwt:. 1� rlt1,e.eP-e facartivzs iV,iiiROA?FJ1l;eolters- -._-�.�..-...�,:.s='tea � _ - _ __ - ---•- . �_.""-_ ..: .. .�.T .. -��.�... ....._. _ r erg - - — -- --_ - - - -' •• �r� - c ROES:iT� :Lv55 5'•SEL y I )OCR W.TM 04 SAW4 F t15k {„ k I I SILK ppOL WAu. OPENING w i 13— CONC`EALEO SI MSTAU HIMM's y�-3137-XL � Cie b ry 74�C rt��JY �—_sNslae � r vaBln�T `xaINE> ]N11� 7}I I �l[?6tNET i ��� I [A6tNET a f I F + 9Li PAiA EL '�T£D008��' -"— 'PAwF 4 p1 4lr F# � CADINET REOUMED ! Ji�j d sesign cu taFn p�N�E3►iS N Catalog Nol far you of Ouallcate C D i x r ry x 31'., VV-312ZIVv-3i22-E k Gn4ycFLEr3rigiv31 aft W0fK- 25',t 21 31•E 5f+ x 9;: a W-'31 ifW- � l s2T, tTIB pato ano Gri5wir'92�a'•1 2° Z9,: x yq. IA I 3�40- I 2 pf kite speclaE kyOeS. °'.• x 3"` 37 371„ x '!x 2$f r 5 25, ss a5',: ' l V,-3 t d7N1.3�47-E { �,F y,1.3723"!J•3t23•E 37{,a 23' 4'V•33d1iVY-3341-c x 37 Yi 3� 6F d5: tAEThOlD OF DETEMNING SIZE OP r-RE HOSE CA�hNE�S R i, )etasmine a,xa of hose, hose Ier,gtp•waive size ana suOPxier of vA3�pmer,t. {Qvesall width, ol '.iFe exs,ngra,sr t!' " .eq'd,l i , g"3r�Sscx xrsC f case rack I"A"dimensioal and�yglgnt 0'.t,ose rack="8"dimens�or31 wlin S,iP4r,p!flf 1 i fire "r.E 3" ' asOw$[p pete*mlre $i f iire hO$e cine•' Fe4'#- _C ..o„ R Zp dj.,n slafll In lse ,, dsFen f , . i S,if a lire e-' ^�11n 1$ er is also read,a0a Overall wj4jtK dlmensio- of Cxunauisner ; Ha lrnsa "=_v+ o nsioF�;• .,dimarlseon l a150 wlsi,tCta;¢11T.enSIO pverall n [heCx crtlumn ., „ and read across tG OE-.!, SInC Catai4g n«Rl9ef- f Z FLXAMPLE =2 IV TTN EXIINGtJ'SHER3 EXAMPLE = i f ;I - - 5uop;�e�- L'd,Iraus ti i I.$L,ia112' . _. ,.'Ja �fI C. �12P. ',}S r1051, Size �- _ — nose ..ar W n: '-2.tilRen-90 L -g" s4 ^., _�� hose ratx valve' t 'Z1;CK vZ113t1 ..o-. -ryn ' �l, of n654_ 1Scx vdsYU' L I �,as{' �aUK voIV2 - �': �..r.culs hPr} ! 3 .� .pzF + than ;r�;isr than — i .JIB.• - _ � .. - - 4 �-� sEl (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 �� l } 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 #� } c ��C),j I a "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 " , w� u D. RAW Weetta, URM g b 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 Y '#, kS ?.1 1 -� [ "- 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