Loading...
HomeMy WebLinkAboutApplication SPR 11-13-2009 �s ar:r rN n�tit�p ,bd k D _ l-ktr CE'IV ED K i V r SSACHI.iSE 2009 HLfV 13 AM 10: 13 PLANNING DEPARTMENT ,., Community Development Division OF AiNI OVER S ecial Permit T- Site Plan ReAew Application Please type or print clearly. 9. Petitioner: Elm Development Services, L.L.C. Petitioner's Address: 2oD North Main street, suite 204, East Longmeadoyr, MA o1028 Telephone number: 413-525-4585 x12 2. Owners of the Land: Boston Hill Development, LLC c/o Mesiti Development Corporation Address: 10D Andover By-pass, North Andover, MA 01845 Number of years of ownership: 11 3.Year lot was created: lags 4, Description of Proposed Project: The project consists of the development of a 125 unit Continuing care Retirement Centex 5.Description of Premises: The premises consists of 33 .35 acres known as Boston Hill 6.Address of Property Being Affected: 1275 Turnpike Street Zoning District; Village Residential Assessors Map: 3-o7A Lot#: 149, 283, 284 Registry of Deeds: Book#: 4932 Page#: 127 7. Existing Lot: Lot Area(Sq.Ft): 1,452,s9c Building Height: N/A Street Frontage: 3 , 123 feet _ Side Setbacks Front Setback: N/a. Rear Setback: N/A -�— Floor Area Ratio: N/A _ Lot Coverage: N/A 8. Proposed Lot(if applicable): Lot Area(Sq, Ft): 1,452,s96 Building Height: 49` 211 Street Frontage: 1, 123 feet Side Setbacks: lso Front Setback: 73 feet Rear Setback: 98o t - Floor Area Ratio: .093 Lot Coverage: 0.03 *See Zoning Variance Decision #2009-011 Granted Sept. 2009 1600 Osgood Street,North Andover,B1dg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Plfone 978.688,9535 Fax 978.688.9542 Web wvrw.10w11f11111handover.com i I 9.-Required Lot(as required by Zoning Bylaw): Lot Area(Sq. Ft): i, o89,000 Building Height: 35' Street Frontage: 25a feet Side Setbacks: 'Do feet Front Setback: ioa feet Rear Setback; ioa feet Floor Area Ratio: NIA Lot Coverage: zs`; max 10. Existing Building (if applicable): Ground Floor(Sq. Ft.): #of Flours: Total Sq.Ft.: Height., Use: Type of Construction: 11, Proposed Building: . Ground Floor(Sq. Ft.): 23,980 #of Floors: 4 Total Sq.Ft. 135,454 Height: 49 ' z Use. Coritinuing care Retirement centerType of Construction: SA-Protected 12,Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes If so, when and for what type of construction? Town Homes 13.Section of Zoning Bylaw that Special Permit Is Being Requested section 13 • 8, 3 14, Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation.with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification, FaTE;rnestw on requirements, as cited herein and in the Planning Board Rules and Regulations malanning Board of this application as incomplete, Petitioner's Signature: Print or type name here: A. Gralia, zxx Owner's Signature: Print or type name here: Anthony Mesiti 15. Please list title of plans and documents you will be attaching to this application. Special Permit Plan, Notice of Intent Plan 8tormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing care Retirement Center 1600 Osgood Street,North Andover,eldg,20,Suite 2.36 Planning Dept„Mossochuset 01845 Phone 978.688.9535 Fax 978.688,9542 Web nw.to Ynafnorthondover.com 9.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft),.',089,000 _ Building Height; 3s Street Frontage: 2s0 feet Side Setbacks; a.00 feet Front Setback: 100 Peet� Rear Setback: a.00 feet Floor Area Ratio; N/A Lot Coverage: 2s� max 10.Bxisting Building(if applicable): Ground Floor(Sq. Ft.);_ #of Floors: Total Sq.Ft.: Height: Use: Type of Construction: 11.Proposed Building; Ground Floor(Sq,Ft.):23,98e _ #of Floors: 4 Total Sq.Ft, 13s,454 Height: 4�' 2� Use;continuing care Retirement Height: of Construction: SA-Protected 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? xes If so,when and for what type of construction? town 3iomes 13,Section of Zoning Bylaw that Special Permit is Being Requested section 1-3• 8.3 14.Petitioner and Landowner signature(s)- Every application for a Special Permit shall be made on this form, which Is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentallon wlth this application.Tho dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility,The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and In the Planning Board Rules and Regulations may result in a dlsmissal by the Planning Board of this application as incomplete. Petitioner's Signature: Print or type name here: arnest A, Gralia, III Owner's Signature; Print or type name here: Anthony Mesiki 15.Please list title of plans and documents you will be attaching to this application. Special Permit Plan, Notice of Intent Plan stormwater Pollution Prevention Plan for The Arbors at North Andover, A Continuing care Retirement Center 1600 Osgood Street,North Andover,RIdg.20,Suite 2-36 Planning Dopt,,Massachusetts 01645 Phone 978.688.9535 Fox 978.698.9542 Web wv/vr.lownofnarihandova ,to . Print Form '�•f fit C'C D Icr PLANNING DEPARTMENTQ 'j'r.r AiC10f,Community Development Division 3SAC`FIIi:fL Special Permit — Continuing Care Retirement Center, Application Please type or print clearly. 1.Petitioner: Elm Devefopment Services, L.L.C. Petitioner's Address: 200 North Main Street, Suite 204, East Longmeadow, MA 01028 Telephone number: 413-525-4585 X12 2,Owners of the Land: Boston Hill Development, LLC clo Mositi Development Corporation Address: 100 Andover By-Pass, North Andover, MA 01845 Number of years of ownership: 11 3.Year lot was created: 1998 4. Description of Proposed Project: The project consists of a 125 unit Continuing Care Retirement Center 5. Description of Premises: 33.35 acres located at 1275 Turnpike Street 6.Address of Property Being Affected: 1275 Turnpike Street Zoning District; Village Residential Assessors Map: 107A Lot#: 149, 283, 284 Registry of Deeds: Book#: 4932 Page#: 127 T. Existing Lot: ,.Lot Area(Sq,Ft): 1,452,596 Building Height: N/A Street Frontage: 1,123 Side Setbacks: N!A Front Setback: N/A Rear Setback; NIA Floor Area Ratfa: NIA Lot Coverage: NIA 8. Proposed Lot (if applicable): Lot Area(Sq.Ft): 1,452,596 Building Height; 49' 2" Street Frontage: 1,123 Side Setbacks. 150 T/- Front Setback; 73* Rear Setback: 980 /- Floor Area Ratio: •093 Lot Coverage: 0.03 *See Zoning Variance Decision ##2009-011 Granted Sept. 2009 9. Required Lot(as required by Zoning Bylaw): Lot Area(Sq, Ft): 1,089,000 Building Height: 35' Street Frontage: 250 Side Setbacks; 100 Page I of 2 1600 Osgood Street,North Andover,Didg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978,688.9535 Fox 978,688,9542 Web www,iownofnorthandover com Edited 811107 Front Setback: 100 feet Rear Setback: 100 feet Floor Area Ratio: N/A lot Coverage:25% max 10. ExistingBuilding lic g(if a pp able): Ground Floor(Sq, FQ: #of Floors; Total Sq,Ft.: Height: Use: Type of Construction: 11. Proposed Building: Ground Floor(Sq. Ft):23,980 #of Floors:4 Total Sq, Ft. 135,454 Height: 49'2 Use: Continuing Care Retirement Ctr Type of Construction: 5A-Protected 12. Has there been a previous application for a Special Permit from the Planning Board on these premises?Yes If so,when and for what type of construction?Town Homes 13. Section of Zoning Bylaw that Special Permit is Being Requested Section 13 14. Petitioner and landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application, The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board uses antl u a ions ay result in a dismissal by the Planning Board of this application as ' corr� lefe. Petitioner's Signature: — Print or type name here: Ernest A. Gralia, III Owner's Signature: Print or type name here: Anthony Mesiti 15. Please list title of plans and documents you will be attaching to this application, Special Permit Plan, Notice of intent Plan and Stormwater pollution Prevention Plan for The Arbors at North Andover, A continuing Care Retirement center Page 2 of 2 1600 Osgood 51reel,North Andover,81dg.20,Suite 2.36 Planning flepl.,Massachusetts 91845 Phone 978.688.9535 Pax 978.688.9542 PJeiI M-1.tovrnofnorthan dove r.com Edited 8/1107 Front Setback:100 feet Rear Setback, 100 feet Floor Area Ratio:N/A Lot Coverage:25%max 10.Existing Building(If applicable): Ground Floor(Sq,Fl,): #of Floors: Total Sq.Ft.: Height- Use: Type of Construction: 11.Proposed Building: Ground Floor(Sq,FQ:23,gg, o #of Floors:4 Total Sq. Ft. 135,454 Height:49'2' Use.Cotltlnulrtg Care Retirement Ctr Type of Construction: SA-Protected 12.Has there been a previous application for a Special Permit from the Planning Board on these premises?Yes If so,when and for what type of construction?Town Homes 13,Section of Zoning Byfawthat Special Permit is Being Requested Section 13 14.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which Is the official form of the Planning Board. Every application shall be filed with the Town Clark's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility,The petitioner shall be responsible for all expanses for filing and legal notification. Failure to comply with application requirements, as cited herein and In the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as Incomplete. Petitioner's Signature: j Print or type name here: Ernest A. Grajia ill Owner's Signature: �. Print or type name here:Anthony M' it? 15.Please list title of plans and documents you will be attaching to this application. special (Permit Plan, Notice of Intent Plan and stor'ter Pollution Prevention Plan for The Arbors at North Andover, A Continuing care Retirement Center Pogo 2 of 2 16DO Osgood Street,florth Andover,81dg.20,Suite 2.36 Planning Dept.,6tassachusetis 01845 Phone 978.688.9535 Fax 978.688.9542 VJah WMlownof got thaodover.corn Edited 811107 Abutter to Abutter( j BulidingDept. ( j Conservation ( } Zoning { ) RE UtREMENT: M 3L 40A,8eclion 51 slates in part'Pariles in€nlete51 es used In Us Chaptar shag mean the pettioner, ebu€lers,owners of leatl direc(ly opposileon any public or private way,and sbultefs to ahullars within three hundred(300)feel of the properly me of the petitioner as they appear on the most recent applfrabla tax list,not withslandleg that the land of any such awnef is lowted in another city or loan,the planning board of the city or town,Bnd the plantiln hoard of eyefy abutting city ortcm,,, - - Subject Pronerfv MAP PARCEL Name Address 107.A 148 Boston Hill Development,LLC 100 Andover By pass tt30o North Andover,MA 01845 Abutters Properties Mao Parcel Name Address 107.A 33 Milton Allen 1208 Turnpike Street 107.A 34 John C.Farnum `l` p North Andover,MA 01846 107.A 40 John G.Farnum 426 Farnum . 1ra�t North Andover, MA 01845 426 Farnum Street North Andover,MA 01845 107.A 43 Bernice Fir* = PO Box 363 North Andover,MA 01845 107.A 148 Seven Hills Community Services 81 Hope Avenue 107.A 252 John C.Famum Worcester,MA 0A 01 107.A 263 John C.Famum 426 Famum Street North Andover,MA 01845 107,A 254 John C.Farnum 42fi Farnum Street North Andover,MA 01845 107,A 254 John G.Farnum 426 Famum Street North Andover,MA 01845 426 Farnum Street 107,A 283 Boston Hill Development 100 Andover By Pass#300 North Andover,MA 01845 107,A 284 Boston HIII Development y North Andover,MA 01845 p 100 Andover By Pass 0300 North Andover, MA 01845 107.0 11 John C,Farnum 426 Farnum Street North Andover, MA 01845 Date 1}!1(3120fl9 This certifies that the names appearing on the °age 1 of 1 records of the Assessors Office as of Certified by, Date /4)' �r l Abutter to Abutter( } 80dingDept. ( J Conservation ( J Zoning ( } REQUIREMENT: VGt 40A,secl[on 15 slates in par['Parties o Interest as used In this chapler shall mean the pefiiioner, abutters,owners of[and dltedly opposgeon any public or private way,end abutlers f o atwlters within three hundred(300)feel of the property line of the petitioner as they appear on the most recent applicable - tax 1151,not withstanding that the land of any such wmer Is Iocaled in another city et town,the planning heart of the dly or tome,and the planning hoard of every abutting city of term." - Sublect Property: MAP PARCEL Name Address 107.A 283 Boston Hill Development,LLC 100 Andover By Pass#300 North Andover, MA 01845 Abutters Properties Map Parcel Name Address 107.A 34 John C.Farnum 426 Farnum Street North-Andover,MA 01845 107.A 43 Bernice Fink PO Box 363 North Andover,MA 01845 107.A 148 Seven Hlhs Community Services 81 Hope Avenue Worcester,MA 01603 107.A 149 Boston Hill Development 100 Andover By Pass#300 North Andover,MA 01845 107.A 284 Boston Hill Development 100 Andover By Pass#300 North Andover,MA 01845 107.0 11 John C.Farnum 426 Farnum Street North Andover,MA 01845 107.0 13 "trustees of Reservations 527 Essex Street Beverly,MA 10915 107.0 68 John C,Farnum 426 Farnum Street North Andover,MA 01845 Date 1111�12 7p9 This certifies that the names appearing on the Page records of the Assessors Office as of JGr o`?a frc! �, cs ro Certified by., ©ate �• �' Abutter to Abutter( J Building Dept. ( ) Conservation ( ) ,Zoning { ) RE tItREMEN7? MGL 44A,5ecbon 11 slates in part"Fades in Interest as used in this chapter shag{mean the petainner, abutters,owners Of lead directly opposilean any public or frivale way,and abullem fe abutters within three hundred(300)reel ofthe property hne afthe pe11lioneras they appearon the most recent applicable 1, lax list,not wilhstandIN that the land or any such owner is located In another c}ty or town,the planning board of the city ariowm.and the planning board of every abulling My or tpwn.' Srftd ect Property MAP PARCEL Name Address 107.A 284 Boston Hill Development,LLC 100 Andover By Pass#300 North Andover,MA 01845 Abutters Aro ertfes Map Parcel Name Address - 1 107,A 33 Milton Allen 1208 Turnpike Street North Andover,MA 01845 107,A 34 John C.Farnum 426 Farnum Street North Andover, MA 01845 107.A 43 Bernice Fink PO Box 363 North Andover,MA 01845 10TA 148 Seven Hills Community 81 Hope Avenue Worcester,MA 01603 107.A 149 Boston Hill Development 100 Andover By Pass 4300 North Andover, MA 01845 107.A 283 Boston Hill Development 100 Andover By Pass#300 North Andover,MA 01845 107.0 12 B&C Realty Trust ,/ 14 Gates Road Middleton,MA 01049 107.0 13 Trustees of Reservation �` 527 Essex Street Beverly,MA 10915 107.0 15 Trustees of Reservation 527 Essex Street Beverly,MA 10915 107.0 32 Trustees of Reservation 527 Essex Street Beverly,MA 10915 107.0 105 Sovran Acquistion 6467 Main Street Buffalo,NY 14221-5856 Date 11/10r2009 Page 1 of 1 Yhis r:ertifies that the names appearing on the the Assessors Office as of eriifiad by: _Date i .u OWNER'S AFFIDAVIT AND DESIGNATION OF AGENT I. OWNERSHIP Boston Hill Development, LLC hereby deposes and states that it is the owner of the real property located at 1275 Turnpike Street (former Boston Hill property) (denoted as Parcels 149, 283, and 284 on the Town of North Andover's Assessors Map 107.A), North Andover, Massachusetts (the "Property") and comprising the site identified in the Application for a Variance which is to be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center (the "Application"). ]I. DESIGNATION OF AGENT _ Boston Hill Development, LLC, the owner of the Property, does hereby appoint and authorize as its agent Elm Development Services, L.L.C. (1) to represent Boston Hill Development, LLC regarding the Application and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Application and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Application, and (2) to represent Boston Hill Development, LLC regarding any other applications filed or which may be filed by Elm Development Services, L.L.C. as applicant in connection with Elm Development Services, L.L.C.'s development of the Property as a continuing care retirement center including, without limitation, the Application for Special Permit and the Application for Site Plan Review (the "Other Applications") and to appear on Boston Hill Development, LLC's behalf before any administrative or legislative body in North Andover, Massachusetts, considering the Other Applications and to act in all respects as Boston Hill Development, LLC's agent in all matters pertaining to the Other Applications. Signed under the pains and penalties of perjury on this day of July, 2009. BOSTON HILL DEVELOPMENT, LLC B / Anthony Mesiti Authorized Signatory j` QUITCLAIM DEED Boston Hill Ski Area, Inc., a Massachusetts corporation duly established under the laws of the Commonwealth of Massachusetts, located at Turnpike Street, North Andover, for consideration and in full consideration of Eight Hundred Thousand ($800,000.00) Dollars GRANTS TO Boston Hill Development, LLC a Massachusetts limited liability company with its mailing address of 11 Old Boston Road, Tewksbury, Massachusetts 01876 with QUITCLAIM COVENANT'S the following described property which is in three (3) parcels on the westerly side of Salem Turnpike, otherwise known as Route 11.4, in said North 1 Andover, and m shown on Plan numbered 5,000, recorded May 8, 1964 in Essex North District Registry of Deeds and designated as "Plan of a Portion of Land of John C. Pamum, North Andover, Mass., Prepared for Boston Ski Development Corp., Route 114, North Andover, by Raymond C, Pressey, Inc., Registered Land Surveyors", >� Parcel t is bounded and described as follows: Parcel t: JAN 2198pt412,33 NORTHERLY:. two hundred thirty (230) feet, more or less, by a stone will, EASTERLY: six hundred thirty (630) feet, more or less; �p NORTHERLY: three hundred (300) feet, more or less, the last three bounds all by land now owned by the grantor; SOUTHWESTERLY: but more WESTERLY, in a curved line in three courses, o1F M hundred twenty-three(123) feet, more or less, one hundred fort C• five (145) feet, more or less, and four hundred sixty (460) feeft I more or less, by land now or formerly of the grantor; SL WESTERLY: by the stone wall and land now or formerly of William Sherid nine hundred ninety-eight (998) feet, more or less. The Northwesterly corner is at a corner in the stone wall twelve hundred (1,200) feet, more or less, from the Salem Turnpike. Parcel 2 consists of all the right, title and interest the grantor may have in the following premises, contiguous to Parcel 1, and is bounded and described as follows; Parcel 2: Beginning at the Northwesterly corner of the premises previously described as Parcel 1, thence running: SOUTHERLY: fifty (50) feet by Parcel 1, to the corner of the stone wall; thence turning and running 6JY/1rr�j !'lG�t^v�/cc"� �3 g WESTERLY; by a stone wall five hundred twenty (520) feet, more or less, by I" now or'formerly of William Sheridan to Chestnut Street and the corner of a stone wall; thence Mining and running NORTHERLY; fifty (50) feet, more or less, by said stone wall to Chestnut Street, as shown on said plan, to a corner of a stone wall; thence turnittg and running EASTERLY: five hundred ten (510) feet, more or less, along said stone wall, to the point of beginning. The total area of Parcels 1 and 2 contain approximately ten (10) acres, more or less, these parcels 1 and 2 intended to be the remainder of the thirty-three (33)acres, more or less, shown on the said plan numbered 5,000, being described thereon as "Area of Proposed Amendment from Rural Rcsidence to General Business", the balance of which area is further described hereon as Parcel 3. Parcel 3 is bounded and described as follows: Parcel 3: The premises be at a point being the southeasterly corner of the premises described on said plan numbered 5,000, thence running; NORTHWESTERLY: by said Salem Turnpike thirteen hundred sixty (1,360) feet, more or less, to a stone wall by land now or formerly of Margaret R. Simon; thence turning and running NOR ERLY: but more WESTERLY: by said land now or formerly of Margaret R. Simon, and by land now or formerly of William Sheridan, nine hundred seventy (970) feet, more or less, along a stone wall and fence; thence turning and running SOUTHEASTERLY: but more SO .RLY: by land of John C. Farnum, also known as John C. F"iarn, six hundred thirty (630) feet, more or less, by Parcel 1 to other premises of said John C. Farnum, alias, heretofore teased to the Massachusetts Institute of Technology, notice of which lease is recorded with Essex North District Registry of Deeds, Rook 851, Page 401; thence turning and nmrdng EASTERLY: by said other premises of John C. Farnum, alias, three hundred (300) feet, more or less; thence turning and running SOUTHEAST: four hundred (400) feet, more or less; SOUTHEASTERLY: but more EASTERLY: three hundred sixty-five (365) feet, more or less; SOUTHEASTERLY; but more SOUTHERLY: two hundred (200) feet, more or less; and EA5 EERRhY: three hundred seventy-five (375) feet, more or less, to the.point of beginning. 2 Pk% 4932 PG 129 i i i All of the three boundaries are by land now or formerly of John C. Famum, alias. The above described premises are shown on Essex North District Registry of Deeds Plan No. 5000 as containing 33 acres, more or less, being located on the westerly side of Salem Turnpike, Rt. 114. The above described Parcel 1, Parcel 2, and Parcel 3 (in addition to being shown on Plan No. 5000) are also more particularly shown on a certain plan of land entitled "Subdivision of Land, Boston Hill Ski Area, Inc. in North Andover, MA, Teton Land Consultants, Inc., dated 11/30/87, scale 1'=80 feet, sheet 1 of 1% said sheet being recorded as part of Plan No. 11432 with Essex North District Registry of Deeds. Said Plan No. 11432 shows the above conveyed parcel as being comprised of Lot 1 (5.6 acres), Lot 2 (13.5 acres), Lot 3 (13.7 acres) along with the roadway (unnamed and containing .33 acres). As stated in Note F of said Plan No. 11432, the total parcel area is 33,35 acres, and reference may be had to said plan 11432 for a more particular description of the above-referenced parcel. Being the same premises conveyed to the Grantor by deed of John C. Faruum, also known as John C. Farnham recorded with the Essex North District Registry of Deeds at Book 1182, Page 132. IN WITNESS WHEREOF, the said Boston Hill Ski Area, Inc. has caused its corporate seal to be hereto affixed and these presents to be signed, sealed, acknowledged and delivered in its name and behalf by Robert Dunn, its President and Treasurer hereto duly authorized, as of the ' "day of LJltlretr , I Boston Hill Ski Area, Inc. Robert Dunn, President and u �j o w Treasurer P 1-- 3 B}.� 4932 PG 130 COMh10NWEALTH OF MASSACHUSETTS ESSEX, ss January a, 1.998 Then personally appeared the above-named Robert Dunn, President and Treasurer of Boston Hill Ski Area, lnc. and acknowledged the foreg ' g instrument to be his free act and deed, and tha free act and deed of Boston Hill Ski a, nc., be No bfic commission expires: vlcoanroaVICA{ulc 101iN$lmcsi ulbsns'lui.ski'dud.doc MICHAEC DANA ROSIN Nolary Public MY commkilof.Expiros ONobor 13,E00u 0 e. F- ii S OFFICE 2009 NOV 13 4rl 10. � IE M ° E " E L 6 P M rZ N T r'" �,1'90�' November 12, 2009 NORM Judith M. Tymon, AICP Town Planner Town of North Andover 1600 Osgood Street North Andover, MA 01845 REFERENCE: APPLICATIONS FOR CONTINUING CARE RETIREMENT CENTER AND SITE PLAN REVIEW SPECIAL PERMITS 1275 TURNPIKE STREET (BOSTON HILL PROPERTY) NORTH ANDOVER, MASSACHUSETTS Dear Judy: We respectfully request that you review and accept the attached Special Permit applications and circulate such materials to the appropriate parties and schedule the project for Planning Board hearing on December 15, 2009 Elm Development Services, L.L.C. is seeking the approval of a Special Permit for Continuing Care Retirement Center and a Special Permit for Site Plan Review for a proposed 125-apartment Continuing Care Retirement Center on the property located at 1275 Turnpike Street, North Andover, Massachusetts. The following application materials are attached: 1. Special Permit Application — Continuing Care Retirement Center: A. Completed and signed application form (four (4) copies), which includes: 1. A Memorandum dated November 12, 2009 from Elm Development I Services, L.L.C. addressing the individual points referred to in the "Written Documentation" section of the application instructions. 2. A copy of the deed denoting Boston Hill Development, LLC as the owner of the property. I 3. An Owner's Affidavit and Designation of Agent from the owner of the property appointing and authorizing Elm Development Services, L.L.C., as the property owner's agent, to represent the property owner regarding any applications by Elm Development Services, ELM DEVELOPMENT SERVICES, INC. 200 NORTH MAIN STREET EAST LONGMEAOOW, MA 01028 PHONE: 413*525-8344 FAX., 413-525-031 3 Judith M. Tymon, AICP Town Planner Town of North Andover November 12, 2009 L.L.C. in connection with Elm Development Services, L.L.C.'s development of the property as a Continuing Care Retirement Center, 2. Special Permit Application — Site Plan Review A. Completed and signed application form (four (4) copies), which includes: 1. A Memorandum dated November 12, 2009 from Elm Development Services, L.L.C. addressing the individual points referred to in the "Written Documentation" section of the application instructions. 2. A copy of the deed denoting Boston Hill Development, LLC as the owner of the property. 3. An Owner's Affidavit and Designation of Agent from the owner of the property appointing and authorizing Elm Development Services, L.L.C., as the property owner's agent, to represent the property owner regarding any applications by Elm Development Services, L.L.C. in connection with Elm Development Services, L.L.C.'s development of the property as a Continuing Care Retirement Center. 4. A Traffic Impact & Access Study prepared by Dermot J. Kelly Associates, Inc. for the proposed CCRC. 1 A $10,356.78 check payable to the Town of North Andover, representing payment of the Special Permit applications fees (i.e., $475.00 for the CCRC special permit application fee and $9,881.78 for the site plan review special permit application fee). 4. Outside Consultant Review Escrow Form together with a $2,000.00 check payable to the Town of North Andover, representing payment of the outside consultant fee (i.e., Lisa Eggleston). 5. Outside Consultant Review Escrow Form together with a $5,000.00 check payable to the Town of North Andover, representing payment of the outside consultant fee (i.e. Vanasse Hangen Brustlin, Inc.). y ` v Judith M. Tymon, AICP Town Planner Town of North Andover November 12, 2009 Page 3 6. Certified Abutters List together with seven (7) copies thereof. 7. Envelopes for certified mailing of legal notices to abutters, prepared in accordance with the applicable instructions, and the correct amount of postage stamps (i.e., $3.24 per abutter). 8.. Mailing labels (for mailing of decisions to abutters) together with a $.44 stamp for each abutter, 9. Architectural and site plans (three full-sized sets and six (6) 11"x17" copies). Please note that these plans contain the information referred to in the application instructions and the Zoning Bylaw. If you have any questions concerning this Application submission, please give me a call. Very truly yours, ELM DEVELOPMENT SERVICES, L.L.C. Ernest A. Gralia, III Encls. Y f C E I V E D MEMORANDUM IN SUPPORT OF APPLICATi W FOR SPECIAL PERMIT— CONTINUING CARE RETIREhWnTgG,E�E ID= � � AND APPLICATION FOR SPECIAL PERMIT-- SITE PLAN R V TO: Town Of North Andover Planning Board FROM: Elm Development Services, L.L.C. DATE: November 12, 2009 SUBJECT: Special Permit Application -- Continuing Care Retirement Center and Special Permit Application — Site Plan Review for proposed 125-apartment Continuing Care Retirement Center 12 pages Petitioner: Elm Development Services, L.L.C. 200 North Main Street, Suite 204 East Longmeadow, MA 01028 Property: 1275 Turnpike Street, North Andover, Massachusetts Introduction Elm Development Services, L.L.C. (the "Petitioner") intends to develop and construct an approximately 135,000 square foot, 125-apartment Continuing Care Retirement Center (the "CCRC") on the property located at 1275 Turnpike Street (the "Property"). The Property is the site of the former Boston Hill ski area, and is owned by Boston Hill Development, L.L.C. The area immediately surrounding the Property is a mix of residential, commercial and institutional development. The Property is located within a Village Residential District. Section 13 of the Zoning Bylaw provides that the use of property located in a Village Residential District as a Continuing Care Retirement Center is allowed by special permit. The Property is subject to a permanent Conservation Restriction from Boston Hill Development, LLC (the current owner of the Property) to the Town of North Andover, dated dune 13, 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272 (the "Conservation Restriction"). The Conservation Restriction, which was placed on the Property prior to the Petitioner's involvement with the Property, is applicable to 18.74 acres of the approximately 33.35 acre parcel. As part of 'the Petitioner's proposed development of the property as a CCRC, the Petitioner is in the process'of obtaining the requisite approvals to reconfigure the Conservation Restriction area to accommodate the proposed CCRC and to increase the Conservation Restriction area from 18.74 acres to 25.14 acres. 1 The North Andover Zoning of Appeals granted the Petitioner (1) a variance from Section 13.5.d.1 and Footnote 1 of Table 2 to allow construction of a porte cochere within seventy-three (73) feet from the perimeter of the property line, and (ii) a dimensional variance from Section 13.5.d.3 of the Zoning Bylaw for relief from the requirements of building height from thirty-five (35) feet to forty-nine (49) feet, two (2) inches (Zoning Board of Appeals Decision 2009-011, Year 2009). Discussion The Petitioner requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding certain matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting. (A) REASONS IN SUPPORT OF THE PETITIONER'S PROPOSED CCRC BEING IN COMPLIANCE WITH THE FOLLOWING STANDARDS ARE AS FOLLOWS: 1, ENCOURAGING THE MOST APPROPRIATE USE OF LAND, The Property is located within a Village Residential District, and the proposed use of the Property as a Continuing Care Retirement Center is a use allowed in such district by special permit. The Petitioner's proposed CCRC is residential in character and is not inconsistent with the character of the Village Residential District which contemplates residential uses. The Petitioner's proposed.CCRC also fulfills the purposes of Section 13 of the Zoning Bylaw which includes encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. Given the foregoing, the Petitioner's use of the Property as a CCRC encourages the most appropriate use of land. 2. PREVENTING OVERCROWDING OF LAND. The lot coverage for the Petitioner's proposed CCRC is 3%, which is substantially less than the permissible lot coverage of 25%. Additionally, as earlier mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 Property will be maintained as open space under the Conservation Restriction. Given the 3% lot coverage and the substantial amount of open space under the Conservation Restriction, the Petitioner's proposed development of a CCRC on the Property will not result in overcrowding of the land. 2 1 3. CONSERVING THE VALU E OF LAND AND BUILDINGS. i As mentioned, at least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction, Further, the Petitioner's proposed CCRC will be situated on the Property so as to minimize disturbance of the Property's steep slope, to maximize retention of natural topographic features, and to minimize tree, vegetation and soil removal and grade changes. The Petitioner's proposed use will therefore encourage the preservation of open space and the promotion of more efficient use of land in harmony with natural features, and will further encourage the conservation of natural resources and scenic qualities. Given all of the.foregoing, the Petitioner's proposed development of a CCRC on the Property will conserve the value of the land. Further, the design of the Petitioner's proposed CCRC will be in harmony with and will be compatible with the prevailing character of the buildings in the zoning district in which the Property is located and of adjacent properties, thereby conserving the value of buildings. 4. LESSENING CONGESTION OF TRAFFIC. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site, Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 5. PREVENTING UNDUE CONCENTRATION OF POPULATION. The Petitioner's proposed CCRC will have 25% fewer units than the permissible dwelling unit density. This reduced dwelling unit density will prevent undue concentration of population. 6. PROVIDING ADEQUATE LIGHT AND AIR. The provision of adequate light and air will be insured through the Petitioner's compliance with Zoning Bylaw requirements in determining the 3 sizing of the building and its placement on the Property, and through the building design itself. While the Petitioner has received height and setback variances for the proposed CCRC, the location of the building on the Property and the design of the building will eliminate any potential adverse impact on light and air attributable to the height of the proposed building and the reduced set back. Further, the building design incorporates properly sized and placed window systems which are intended to secure adequate light and ventilation for the building. As well, with the exception of the Congregate Care with Services Plus units, each of the units will have a spacious balcony providing access to outdoor space. 7. REDUCING THE HAZARDS FROM FIRE AND OTHER DANGER; PUBLIC SAFETY. All applicable public safety (including fire safety and suppression devices) will be provided as required by law. Further, in recognition of the unique requirements of the elderly for protection against the hazards due to fire, the Petitioner's proposed CCRC will be equipped with a sprinkler system in accordance with the provisions of the National Fire Protection Association (NFPA 13D). The Petitioner's proposed CRRC will also have 24-hour staffing and an emergency response system (via call system to each apartment), Hazards from fire and other danger will therefore be reduced. 8. ASSISTING IN THE ECONOMICAL PROVISION OF TRANSPORTATION, WATER, SEWAGE, SCHOOLS, PARKS AND OTHER PUBLIC FACILITIES. The building has been designed to meet or exceed all code requirements to keep water and therefore sewerage generation as low as possible. Also, the proposed landscaping has been designed to specify drought resistant plants to the extent feasible to reduce the need for outside watering. Further, because the Petitioner's proposed CCRC will be an age-restricted community, it will not impact the school system. And the Petitioner's proposed CCRC will not place an undue burden on Town services and public facilities including transportation (the Petitioner's proposed CCRC will provide scheduled transportation), water usage, rubbish collection (the Petitioner's proposed CCRC will be responsible for its own trash removal), and involvement of the Department of Public Works and other municipal services (the Petitioner's proposed CCRC will provide supportive services and continuous oversight to its elderly residents). 4 .r 9. CONTROLLING THE USE OF BODIES OF WATER, INCLUDING WATERCOURSES. The site design prepared by the civil engineering consultant, Marchionda & Associates, includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the Petitioner's proposed development. 10. REDUCING THE PROBABILITY OF LOSSES RESULTING FROM FLOODS, As mentioned above, the site design includes a detailed hydrological analysis and report that clearly demonstrates that runoff from the site will be managed such that there will not be any adverse impact on any bodies of water, watercourses or abutting properties as a result of the Petitioner's proposed development. Runoff from the undeveloped portions of the site are designed to be routed around the proposed building and associated parking areas and to drain into the watersheds consistent with the existing conditions. Runoff from the developed portions of the site, such as the, building and parking areas, is captured, treated to reduce the percentage of total suspended solids to be at or below levels permitted by The Massachusetts Department of Environmental Protection and the North Andover Conservation Commission before being recharged back into the native soils and/or discharged into the onsite wetlands at rates that are less than the runoff rates attributable to the existing conditions. As a result there will not be any increase in flooding into bodies of water, watercourses or onto any abutting properties as a result of the implementation of the proposed site improvements. 11 . RESERVING AND INCREASING THE AMENITIES OF THE TOWN, ETC. At least 18.74 acres (and up to 25.14 acres) of the 33.35 acre property will be maintained as open space under the Conservation Restriction, and the Petitioner's proposed CCRC will result in the creation of a trail system on the property with public access, thereby reserving and increasing the amenities of the Town. 5 (B) REASONS IN SUPPORT OF THE SPECIAL PERMITS REQUESTED ARE AS FOLLOWS; 1 . THE SPECIFIC SITE IS AN APPROPRIATE LOCATION FOR SUCH A USE, STRUCTURE OR CONDITION. The use of the Property as a proposed CCRC is a use allowed by special permit under the Town of North Andover Zoning By-Law, Section 13.1, entitled "Establishment". 2. THE USE AS DEVELOPED WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD. Because the Petitioner's proposed CCRC is a use that is not intrusive and because the characteristics of the proposed CCRC are not inconsistent with the characteristics found along Route 114, the use as developed will not adversely affect the neighborhood. Further, the Petitioner's proposed CCRC meets or exceeds all zoning requirements, with the exception of building height and perimeter setback requirements for which variances have been granted by the Zoning Board of Appeals (Zoning Board of Appeals Decision 2009-011, Year 2009), 3. THERE WILL BE NO NUISANCE OR SERIOUS HAZARD TO VEHICLES OR PEDESTRIANS. State Route 114 is adequate to carry the additional traffic to be generated by the construction of the Petitioner's proposed 125-apartment CCRC on the site. Based upon the Traffic Impact & Access Study conducted by Dermot J. Kelly Associates, Inc. for the Petitioner's proposed CCRC, it has been determined that there is sufficient capacity at the proposed intersection to accommodate the Petitioner's proposed CCRC, and that the overall traffic-related impacts will not create any adverse impacts on traffic operations that would require any additional roadway improvements at the proposed site drive. Additionally, the site design provides for safe vehicular and pedestrian movement within the Property, and the Petitioner's proposed use will not create undue on-street or off-street traffic congestion as adequate off-street parking will be provided. 4. ADEQUATE AND APPROPRIATE FACILITIES WILL BE PROVIDED FOR THE PROPER OPERATION OF THE PROPOSED USES. The requested use will not overload or require expansion of any public water, drainage or sewerage system or any other municipal system. The Petitioner's proposed CCRC will be connected to municipal sewer and water services which are already available on-site. As a result, no municipal system or service will be adversely affected. 6 1 5. THE USE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING BYLAW, The purposes of Section 13 of the Zoning Bylaw in allowing CCRC's within the Town of North Andover include encouraging the preservation of open spaces; allowing for new elderly housing that causes relatively little demand on Town services; and preserving the Town's residential character. The Petitioner's' proposed CCRC accomplishes these purposes and is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Additionally, the Petitioner's proposed CCRC is of substantial benefit to the Town as a whole. It will satisfy an important and growing and acknowledged need for this type of housing, will provide a viable housing option for the elderly, will allow the elderly to remain independent while receiving a level of attention and services that meets their needs, .and will allow the elderly population in North Andover to remain in town and continue to be a part of a residential community with daily socialization and interaction with other elderly residents. (C) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF COMPLIANCE WITH THE MINIMUM PARKING REQUIREMENTS STATED IN SECTION 13.5.f.2 OF THE ZONING BYLAW ARE AS FOLLOWS; The Petitioner's proposed CCRC. will contain a combination of congregate units, congregate with services units, and congregate with services plus units. Section 13,5.f.2 of the Zoning Bylaw requires a minimum of one (1) parking space per unit. A total of 125 spaces are therefore required for the Petitioner's proposed CCRC under the Zoning Bylaw. However, based on the Petitioner's proposed use and the Petitioner's experience with similar projects, a parking ratio of one (1) space per unit greatly exceeds the actual demand. This matter is addressed in the North Andover Zoning Bylaw under section 8.1,4.a under the parking requirements of Elderly Housing Independent Units and Elderly Housing Assisted Units, where the requirement is reduced to 0.6 spaces per unit and 0.4 spaces per unit (plus 1 per 2 employees) respectively. The current plan proposes 97 parking spaces (see Sheet 2 of 18, Zoning Summary Notes, Note 6, denoting 68 congregate parking spaces, 21 congregate with services parking spaces, and 8 congregate with services plus parking spaces) (0.776 parking spaces per unit) which exceeds the Zoning Bylaw requirement for Elderly Housing but is less than the minimum requirement of one (1) space per unit under Section 13 of the Zoning Bylaw. Because the Petitioner's proposed CCRC units are congregate housing units and the occupants of the Petitioner's proposed CCRC must be at least 62 years of age or older, the provision of 97 spaces will be more than sufficient to accommodate the actual parking demand for the Petitioner's proposed CCRC. The Petitioner therefore requests that the Planning Board grant, pursuant to Section 13.5.f.2 of the Zoning Bylaw (which gives the Planning Board the discretion to waive the Petitioner's compliance with the parking 7 requirements of the Zoning Bylaw), a waiver of the Petitioner's compliance with the minimum parking requirements stated in forth in Section 13.5.f.2 of the Zoning Bylaw. (D) REASONS IN SUPPORT OF PETITIONER'S REQUEST FOR A WAIVER OF THE FISCAL IMPACT AND THE COMMUNITY IMPACT REQUIREMENTS REFERRED TO IN SECTIONS 8.3.5.e.xxii AND xxiii RESPECTIVELY OF THE ZONING BYLAW ARE AS FOLLOWS: The Petitioner's r s proposed CCRC is not expected to have any impact an school enrollment given that school-age children will not be present in the Petitioner's proposed CCRC because of the age restriction. As well, the Petitioner's proposed CCRC will contribute to the Town's tax revenues, thereby providing a fiscal benefit to the Town, and the Petitioner's proposed CCRC is not expected to negatively impact public services and facilities (e.g., the Petitioner's proposed CCRC will provide scheduled transportation and supportive services and continuous oversight to its elderly residents and will be responsible for its own trash removal). Additionally, the Petitioner's proposed CCRC will result in the creation of approximately 50 permanent full-time and part-time positions, and is not expected to negatively impact adjacent property values. In terms of the impact of the Petitioner's proposed CCRC on traffic, a traffic impact analysis is included in the Petitioner's application for a Special Permit for Site Plan Review. Architectural design will be guided by renderings and plans that have been and will continue to be presented and/or submitted by the Petitioner to the Town as part of the permitting process. As mentioned, the Zoning Board of Appeals granted the Petitioner a building height variance for the pitched roof design which the Planning Board supported as they felt it 'would be compatible with the architecture of the local residential neighborhood and that it would easily blend in with the topography of the site. The permitting process along with the Petitioner's established track record of developing attractive and aesthetically appealing communities will ensure that the Petitioner's proposed CCRC will be well designed, attractive, and compatible with the surrounding area and with local and regional plans. The Petitioner's proposed CCRC will fulfill an acknowledged need in the community for this type of facility, and the development of a CCRC on the Property in lieu of the currently permitted condominium development will result in an increase in open space. (E) PETITIONER'S REQUEST FOR PLANNING BOARD FINDINGS ON CERTAIN MATTERS: The Petitioner requests the Planning Board to make the following findings regarding the following matters discussed with and confirmed by the Planning Board at its October 21, 2008 meeting: 8 1. Section 4.2 (Phased Development Bylaw) of the Zoning Bylaw is not applicable to the Petitioner's proposed development of a CCRC on the Property for the following reasons: Section 4.2 of the Zoning Bylaw states that it applies to, among other things, site plan review applications and special permits which would result in the creation of a new dwelling unit or unit (Section 2.35 of the Zoning Bylaw defines a "dwelling unit" as "one or more rooms, including cooking facilities and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes"). Based upon a reading Section 4.2 as a whole, Section 4.2 is intended to apply to subdivisions and not to the construction of a Continuing Care Retirement Center (CCRC) consisting of a single building containing congregate housing units (e.g., there are references to building lots in Section 4.2 and one of the headings under the Phased Development Schedule .in Section 4.2.4.a is entitled "Number of Units in Subdivision (emphasis added) Development"). While the Petitioner's proposed use as a CCRC will have a site plan review application and special permit resulting in the creation of new dwelling units, the Petitioner's proposed CCRC is not a subdivision. Section 4.2 of the Zoning Bylaw is therefore not applicable to the Petitioner's proposed use as a CCRC. If, however, Section 4.2 is deemed to be applicable to the Petitioner's proposed use as a CCRC, then the exemption to the Phased Development Bylaw contained in Section 4.2.6.d is applicable. Section 4.2.6.d provides an exemption to the Phased Development Bylaw where the occupancy of dwelling units is restricted to persons over the age of 55 years through a properly executed and recorded in perpetuity deed restriction running with the land. The Petitioner's proposed use as a CCRC for the "elderly" falls within this exemption. The term "elderly" is defined in Section 13.3.e as "A single person who is 62 years of age or older; or two or more persons sharing a household, the older of whom is 62 years of age or older." 2. No permit other than a building permit is required for earth removal operations incidental to construction of the Petitioner's proposed CCRC for the following reasons: Section 5.5.2 of the Zoning Bylaw states in part "Where soil is to be removed in connection with the preparation of a specific site for building removal may take place only after the issuance of a building permit by the Building Inspector". The foregoing is indicative that a building permit is intended to apply to earth removal operations incidental to construction. Based upon the experience of Paul Marchlonda from Marchionda & Associates, L.P., it has been the custom in North Andover not to require an earth removal permit when earth removal operations are taking place as part of construction because earth removal is customarily incident to 9 construction and the building inspector has jurisdiction pursuant to the building permit. It is Petitioner's position that other provisions of Section 5 relating to permitting are therefore not applicable to the Petitioner's proposed CCRC development. 3. Section 13.5.d.1 of the Zoning Bylaw does not prohibit the construction of a paved parking area within the 100 foot CCRC perimeter setback area for the following reasons: Section 13.5.d.1 of the Zoning Bylaw states in part: "Perimeter Setback, The setback area is intended to provide a perimeter greenbelt around the CCRC except for road and utility crossings, No building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel. Common open space lying within a setback area shall qualify as fulfilling this requirement." The term "greenbelt" is not defined in Section 2 (Definitions) or Section 13 (Continuing Care Retirement Center) of the Zoning Bylaw. Section 13.5.e of the Zoning Bylaw describes "Common Open Space" as "Land within the CCRC parcel or lot which is not specifically reserved for the support of the CCRC facilities and which is not covered by buildings, roads, driveways, parking areas, or services areas which is not set aside as private yards, patios or gardens for residents." Based upon the foregoing, the parking area does not constitute Common Open Space. Section 2.26 of the Zoning Bylaw defines a "building" as "a structure having a roof supported by columns or walls for the shelter, support, or enclosure of persons, animals, or property." Section 2.68 of the Zoning Bylaw defines a "structure" as "a combination of materials to form a construction that is safe and stable, including, among other buildings (emphasis added), stadiums, tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, towers, private and public swimming pools, trestles, piers and wharves, sheds, shelters, fences and walls, and display signs, the term structure shall be construed as if followed by the words 'or part thereof"'. Section 2.56 of the Zoning Bylaw defines "Parking Area, Private" as "an open area for the same uses as a private parking garage." Section 13,5,d.1 of the Zoning Bylaw expressly prohibits a "building" or "other structure" but does not expressly prohibit a parking area within the CCRC perimeter setback area. It is clear from the definition of a private parking area (i.e., an open area) that it does not constitute a building or structure within the meaning of the Zoning Bylaw. That Section 13.5.d.1 of the Zoning Bylaw expressly prohibits a building or structure but not a parking area within the perimeter setback area is indicative that a parking 10 area was not intended to be prohibited within the perimeter setback area and is not inconsistent with the intent of the perimeter setback. Note; The definition of "Structure" in the most recent Zoning Bylaw now states that the term "structure" does not include "parking lots", which further supports the Petitioner's position. 4. The proposed CCRC is an allowable use in a Village Residential district because the use is allowed by Special Permit under Section 13 of the Zoning Bylaw; and that a CCRC is not denoted as an allowable use in Table 1 of the Zoning Bylaw is an error. While Section 13.1 of the Zoning bylaw clearly states that the use of property located in a Village Residential District as a CCRC is allowed by special permit, Table 1 of the Zoning Bylaw does not denote a CCRC as an allowable use in a Village Residential district by special permit. Per the Table of Revisions of the Zoning Bylaw, Section 13 was added to the Zoning Bylaw in 1988. An explanation for this inconsistency between Section 13 and Table 1 is that Table 1 was inadvertently not updated to reflect the addition of Section 13 to the Zoning Bylaw. In any event, Table 1 contains a note which states "This Chart is for summary information purposes only and is not a substitute for the detailed District Use Regulations in Section 4 of this Bylaw." The absence in Table 1 of a CCRC as an allowable use in a Village Residential District by special permit is of no import in light of the note that the chart is for "information purposes and is not a substitute" for the detailed District Use Regulations in Section 4 (which section is effectively amended by the addition of Section 13 to the Zoning Bylaw). 5. Footnote 1 under Table 1 does not prohibit parking within the first fifty (50) feet of the front setback along Route 114 in a Village Residential District for the following reasons: The first sentence of Footnote 1 of the Zoning Bylaw states "in all districts except Village Commercial and any Corridor Development District front setbacks along Route 114 shall be a minimum of 100'. The second sentence of Footnote 1 states "Front setbacks shall be 100' along 125 in Industrial 1 and 2 District"; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted." Given the semicolon in the second sentence which joins two closely related main clauses, the parking prohibition within the 50' setback area relates solely to front setbacks along [Route] 125 in Industrial 1 and 2 Districts and does not relate to the front setback along Route 114 in a Village Residential District. 11 Conclusion For the foregoing reasons, the Petitioner respectfully requests that the Planning Board (A) grant a Special Permit for the development and construction of a Continuing Care Retirement Center on the Property, (B) grant a Special Permit for Site Plan Review for the Petitioner's proposed CCRC, (C) grant a waiver of compliance with the minimum parking requirements stated in Section 13.5.f.2 of the Zoning Bylaw for the Petitioner's proposed CCRC, (D) grant a waiver of the Fiscal Impact and the Community Impact requirements referred to in Sections 8.3.5.e.xxii and xxiii respectively of the Zoning Bylaw, and (E) make findings regarding those matters referred to in Section (E) above and discussed with and confirmed by the Planning Board on October 21, 2008. CLARIFICATION: Any references in the plans to Keystone Senior, LLC or The Gralia Group are intended to refer to the Petitioner--Elm Development Services, L.L.C. 12