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HomeMy WebLinkAboutPB Meeting Discussion 7-5-2011 The S H E L T H R Graitp 218 Noah Charles Street,Suite 220 Baltimore,Maryland 21201-4019 id 410-962-0595 fox 410-347-0587 www theshelterg roup.coln June 30,2011 Mr. John Simons Planning Board Chairman North Andover Planning Board 120 Main Street North Andover,MA 01845 RE: CCRC at 1275 Turnpike Street Mr. Simons; The Shelter Group is a privately held far-profit owner,developer, and manager of senior living communities, We have over twenty communities throughout the mid-Atlantic and Now England and currently manage four communities in the greater Boston area. We are investigating the opportunity to develop the approved CCRC on Turnpike Street. As part of our investigation we,are reviewing the currently approved site plan and building configuration and have identified a handful or areas that we believe could be enhanced or improved for the benefit of future residents. As a result we have proposed some minor changes and want to review them with the planning board in an effort to confirin that the changes we are proposing are administrative in nature, The proposed changes have been described in the enclosed attachments which we will describe in greater detail at the meeting. Pending our due diligence,our objective would be to close on the acquisition of the site by the end of 2011 and commence construction immediately thereafter, Therefore it is imperative that our proposed changes do not constitute a lengthy approval process and we are seeking your guidance in determining the scope and timing for approval of the proposed changes, We look forward to introducing our organization to you and having a productive discussion on July P. Thank you in advance for your time and consideration on this matter, We look forward to meeting you. Sincerely, David S. Holland Vice president of Development Cc: Judith Tymon I I E PaNt�oYrN" � 1 vpmulml j 1 A �n MCI!70 3 a R I I a A I I IN •A q$it ii-.. ' C �. a o a p yy o r � t ELAsK ccRc�i l , \ m % OPFgTY!N � TURNPIKE STREET \ REALTY ++ R0 °! NIF -� a & C REALTY •� '_,w l per REGISTRY USE ONLY LAYOUT PLAN o ~ APPROVED RYTRE TOWN OF NORT11 ANDOVER SPECIAL PERMITS PLAN,NOTICE OF IRIT:NTPLAII, ( ! PLANNING BOARD CA A $ SA�R� Qo , ANOSTORMWATER POLLUNONPREVENTION PLAN I11tV+lr 1 a b' � THE ARBORS AT NORTH ANDOVER aQ NORTH ANDOVER,MA S _ rm AavcRs[nxirr muss gx,'eu t HB PAIII[¢at M9RQ 5K'o� G t � I,,,wA�L ELM DEVELOPMENTAPPii=an[: t [rann oem argwhbaz�r[A gY,2N y rC SERVICES,LLO. onsmmwtreAolasq'4ruly 200 NORM LIAW STREET EAST LOYGHFADOR,,NA 01028 pT9,X,prpy GT r / i / PRDPOSFD L€NE OF LINE OF DEOK APPROVED PROPOSED BUILDING BUILDING / i i e+ciosev � � eoucerrnr.� / / COURTYARD p // l RCOF PROPOSED BELOK FORTE COCHERE BELOA SECOND FLOOR PLAN SCi1I.E.: NTS, PRO CON# NORTH ANDOVER SENIOR HOUSING RA S�.T Al-' JNCORPORATED NORTH ANDOVFR,MSSSACHUS= Scx pn.Ts. n�r�.w�a conaavccw,�nrwws�x PROPOSED SECOND FLOOR PLAN ow-19/11 A 54bW}wCONY'„Y• P.0.8��10.HLv�da'+x*.NFF LLiIaG I I OSm ARFA TO BE ADDED {T E OF APPROVED FOUNDATION / l ROPOSED AF:EA LNE OF • _ �l TD BE AD JE�7 / BUILD€NG 1 - INE OF APPROVED ABOVE yam` � FOUNDATION C e y r 1 : l 1 APPrzav�— `\ PATIO `APPROVED PORTS• o cor—HM= PRopo!sEo PROPOSED i PORTS PATIO GOGHERE gpPpwF��� PRDPOSED PA710 — II /I 4 - 1 PATIO �.......�..,... L�� Epp!rZDVED . FM OOGHERE n FIRST FLOOR PLAN 1 -- SCAM NS.S 01112 PRO CON# NORTH ANDO�7ER SENIOR HOUSING �"'��tt 3 1�' RFF.SHF:I;7' A1.1 �11.1 SCNF:N-TS INCORPORATED NORTH ANJ30VER,MdSS A.CH.i75ETIS pcs+gn am{ConsdnCian Ma:agmut PROPOSED Fa-ST FLOOR PLAN ov�i�I nsmnwneea�My, r.un�+u¢n+.,�e.cmcr+Umsae I i ......... North Andover July 5, 2011 Continuing Care Retirement Center 1275 Turnpike Street Proposed Change Reason/ Purpose Single Building Entrance Will allow better facilitation of programming space for residents and staff around one core area;change will eliminate setback variance; may reduce impervious surface. Expansion of subterranean Allow for more activity area adjacent to first floor common areas entrance and a more vibrant setting for guests and residents upon entering the community. The rooms will also have more appropriate dimensions for better programming. This space will not be expanded outside of the approved footprint of the foundation, will not have any architectural change to approved plan and will not impact storm water management. Moving exterior walls in and out Current plan has living spaces which are too deep slightly to create better in-unit and bedroom spaces which are too shallow. We living spaces propose slight shift in these areas to create better layouts for resident use. The shift will also allow for larger showers. The change will have a negligible impact on elevations. Maintaining building height but We would like to have some flexibility to allow for altering slope to allow for higher higher ceilings in some of the common areas interior ceiling heights which would allow for a more gracious and elegant appeal as well as better lighting, We can accomplish a slightly higher floor-to-ceiling height without any increase to the total building height by reducing the slope of the roof slightly. Stepping back the elevated floors to If upon redesign of internal programming,we find shorten length of hallways and we have a more efficient plan,we would like to improve building aesthetics possibly step the upper floors back so that hallways are shortened. This would be a benefit to resident and staff alike. The stepping back of elevated floors would have no impact on the approved footprint and would make the building appear smaller in scale. Change of unit mix (IL vs.AL) We may propose shifting the mix between IL/AL/ALZ based on the demands in the market and redesign of interior programming space. Our proposal may consider a higher number of AL/ ALZ units and a slightly lower IL unit count which would reduce the total parking requirement. 1 Potentially changing total unit There are some one bedroom apartments which count (plus 5-10 units)to avoid we believe would be better served as studios significant number of 1BR or shared especially in the Alzheimer's program where units larger apartments are not conducive to residents with cognitive impairments. As a result we would like to divide some IN units into two studio units which may slightly increase the unit count under the current approved plan. HVAC We are proposing a system of thru-wall cooling and heating units which is typical for this building use.These units will be placed directly under apartment windows however will blend into the siding with appropriate coverings, Furthermore we would propose to locate some mechanical units for common area HVAC in a roof well at the rear of the building. This will allow for a lessening of noise compared to placing these units on the ground near residents' apartments, The roof well will not be visible from the front of the property. Parking The proposed changes to the IL vs AL unit mix and the additional units created by dividing some 11313 units into two studio units will not create a parking requirement greater than the number of spaces provided under the approved plan. Currently the approved plan provides for 97 parking spaces. The approved plan calls for a requirement of 74 based on current unit mix and unit count. Our expectation is that our revised plan may create a requirement of 75-80 spaces, well under the parking spaces that will be provided. F r� y emu. WE ¢ J]1y r ry <xt a ,�, „ �I r„•°�—.ire.++ 2 _ [If •..ctI���'--. '�o I1ya I�t � -- �_ g Tv A_Ili _� El t .r� �L111tl1Ilff� l� IE ] CBI I - ,,.+•ice r�ia. IYI�P!w.*"• i� -.-.���..w�fIR111�J��/0oll��,y',.�.,,rt-�+s—��„`,�', .� I i .� f ��:_ wE �C �w - r�_ $S�'� t� �•i� ^7 G XP`;•'- � � I i � A • ifiG�4 A0B••s'a`�'. Ag ..,' c Lk Hill y f!L im, �€1�'•F ..iJ■AU9 ILA Furl - . .a30 ^+ LIMP { 2.. II 10�f3 ,mil ■CI>u1ll1fL��l��" §�� 1 t� mfl_■.�� C, ® � � li S j ��p ���_.. ]I+�� �, - ��!■toq ■—�ra� ��'�.' �� i ! € �eA a S '-a rm ^'�•+ I�� ,�,��:Is■I .�i �� .1''� 3�+ �i'' �� � 7 ') �F _ �. Ilse m�.- c arc >n.+�,.a:- 11l1111�! � . ,':.;rp�■�e�, � � � �h �`:��z+ �— 33`�n'9� �� �k'' � �i; ��J�._..I :. pm�e■rcnr. •3e&n�ae,Ga., _ r = � €y. -��� :� +st._�u—�Y.:��i� �I� C, ¢ ,� � I �) ,it �--'� I ��a .. sNA■itar�,- '..�, .� - la /an� (�g—}�E F F ' „Np pT e y 1.a'.EC�� ErJ a o4f1Li �nL Town of North AndoverT1��� � r"l.�F:#�'� �?F F I Office of the Planning Depa3rtment Ya� Community Development and Services Division APR ~ 1 � � : 14 "SSRc;;,;y K�� 1600 Osgood Street T0�t1'11 OF North Andover, Massachusetts 01845 HORTH �1MCtO� i' 11 AS8 1Us[TF � NOTICE OF DECISION Bldg, SBA Con/Coin Health Any appeal shall be filed Fire Chief Police Chief within(20)clays after the Town Clerk DPW/Engineers date of filing this notice in Surrounding Towns Planning the office of the Town Cleric, Date: April 6,2010 Date of,Hearings: December 15,2009,February 2, 2010, March 2,2010 and March 16,2010 Date of Decision: April 6,2010 Petition of: I30storr Hill Continued Care Retirement Center, 1275 'Turnpike Street, North Andover,MA 01845 Premises Affected: 1275 Turnpike Street Street, North Andover Assessors Maps 107A, Parcels 149,283 and 284. Referring to the above petition for a Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, 10.31, 13 and MOL C.40A, Sec. 9 So as to allow the construction of a 125 unit Continuing Care Retirement Center, with associated, grading, parking, utilities, landscaping, in within the Village Residential (V R) Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE a SITE PLAN SPECIAL PERMIT and CCRC SPFCAL PERMIT based upon the following conditions. orth Andover lanning Board ohrr Simons, C airman Richard Rowen Tim Seibert Courtney LaVolpicelo Michael Colantoni,alternate The Planning Board herein approves the Site Plan Review Special Permit for the construction of a 125 unit Continuing Care Retirement Center, with associated, grading, parking, utilities, landscaping and other improvements as shown on the "Plans" as defined below. The project is located in the Village Residential (V-R) Zoning District and is located on real property sho"I on the North Andover Assessors Maps as Map 1.07A, Parcels 149, 283 and 284 consisting of (1432AS54 99u1015&380.1) Spacial Permit--Site Plan Review& CCRC The Arbors at North Andover—EIrn Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 approximately 33.35 acres of land with frontage on Turnpike Street, The Site Plan Review Special Permit was requested by Slur Development Services,LLC.,200 North Main Street, Suite 204, East Longmeadow, MA 02028. This application was filed with the PIanning Board on November 13, 2009. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 10.3, 10,31, 11.3, and 13 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 During the review process, the Applicant and its professional consultants also submitted various revisions to the .plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, the Board's peer review consultants, and by the various departments within the Town of North .Andover that reviewed the project. All of these ...'plans, reports and correspondence are contained in the Planning Board's fifes and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings regarding this Special Permit as-required by the North Andover Zoning Bylaws Sections 8.3, 10.3, 10.31 and 13 (Site Plan Review and Continuing Care Retirement Center"CCRC")of the Zoning Bylaw: FINDINGS OF FACT: 1) The Planning Board has worked with the applicant to design the project so that it will minimize the disturbance of the Property's steep slope and maximize the retention of natural topographic features. It is designed to rniniinize tree, vegetation and soil removal and grade changes, since the proposed building will be located on the base of an existing hill. The proposed use will•encourage the preservation of open space and will promote more efficient use of the land in harmony with-natural features. 2) The project promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, wildlife, natural vistas and the hill that is on the property. A portion of the property is subject to a permanent Conservation Restriction from the Boston Hill Development, LLC to the Town. of North Andover, dated June 13, 2006 and recorded with the Essex North Registry of Deeds in Book 10282, Page 272, The Conservation Restriction was placed on 18.74 acres of the property prior to the Applicant's involvement,as part of a prior CCRC project that was approved l;y the Planning Board in May 2002. The prior project made more intensive use of the property and showed significant intrusion into the hill. The current project is located at the base of the hill and thus allows for less intiwion into the hill and the creation of a larger parcel of Open Space, The Applicant is in the process of obt@.ining final approvals to reconfigure the Conservation Restriction so that the total Conservation Area is increased from 18.74 acres to 25.14 acres. 3) The specific site is an appropriate location for the project as it is located in the Village Residential (V-R)Zoning. A Continued Care Retirement Center is allowed by Special Permit in the Residential 2 District and the Village Residential District, as specified in section 13.1 of the town's Zoning Bylaw. 2 Special Permit—Site Plan Review&CCRC The Arbors at North Andover--Elm Development Services,LLC I275 Turnpike Street Map JG7A,Parce)s 149,283 AIId 284 April 6,201.0 4) Section 13 of the Zoning Bylaw establishes a Maximum number of 250 residential units in a Continuing Care Retirement Center. The proposal calls for the construction of 125 units to be located in one building, which does not detract fron- the livability and aesthetic qualities of the environment and which will provide for a mixture and diversity of housing stock. 5) The use as developed will not adversely affect the .neighborhood as a sufficient natural buffering has been provided. The final landscape design, site design layout, and architectural elevations reflect extensive discussions between the Planning Board acid applicant to minimize the, visual impact and insulate the building from surrounding properties, Turnpike Street, and presefi7e the natural vistas. 6) There will be no nuisance or serious Lazard to vehicles or pedestrians. The proposed driveway, delivery access and safety access for the construction of the building, as well as the parking lot provide for adequate internal and extemal traffic flow, safety, and suff dent pedestrian connections throughout the project and surrounding area. The project as proposed will have a negligible impact on external traffic volurrae and will not significantly degrade the level of service on Tmmpike Street or the roadway network. 7) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineers, Vanasse, Hangen Brustlin, Inc. (VHB) and'Eggleston Environmental. The applicant has provided reports that demonstrate that runoff from the site will be managed so there will be minimal irnpacts on water bodies or abutting properties, 8) The landscaping and parking area approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. 9) The applicant has mot the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw, 10)Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The Project will provide for municipal water, sewer and utilities oil the property to adequately address the needs of the project and has been determined acceptable by the Department of Public Works. 11)On September 8,2009, the Z13A voted to grant a dimensional variance from section 13.5.d.1 and Footnote 1 of table 2 to allow constructions of a porte cochere within 73 feet from the Perimeter of the front property line. With the exception of the poste cochere, the applicant has maintained the required 100 ft, perimeter setback, as required by section 13.5.d.l. The ZBA also voted to grant a dimensional variance from Section 13.5.d.3 for relief froze the 3 Special Permit—Site Plan Review&CCAC ' The Arbors at North Andover-Elm Development Services,LT C 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 requirements of building height from 35 feet to 49 feet, 2 inches. The variances were granted so as to preserve the natural topography of the site and to maintain the architectural style of the surrounding neighborhood. WAIVERS: The Planning Board has approved the following waivers as part of its decision: 1. Waiver of Community Impact Analysis, as required by Bylaw, section 8.3.5.e.xxiii. The Planning Board has found that the proposed facility is, an acknowledged need in the community and that the development will result in an increase of open space, thus providing a benefit to the community. 2. Waiver of Fiscal Impact Analysis, as required by Bylaw section 8.3.5.e.xxii. The Planning Board has found that the proposed facility will not have an impact on school enrollment and will not negatively impact town services. The project could potentially result in an result in an increase in tax revenue since there will be minimal use of town services. 3. Waiver of Parking Rcquirements. Section 13.5.f. of the Zoning, Bylaw specifies the requirement for 1 parking space for each unit of housing.. The applicant is proposing 96 parking spaces. The Planning Board grants the waiver for 29 parking spaces since they have determined that the applicant has provided sufficient information to justify the reduction in parking spaces. Finally the Planning Board finds that this project generally complies with the requirements of the Town of North Andover Zoning Bylaw, but requires conditions in order to be fully in compliance. The Planning Board hereby votes to grant the Special Permit as described in the "Plans" and other supporting information described iu. the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1. Perwit Definitions: a) The "Locus" refers a 33.35 acres of land fronting on Turnpike Street, as shown on Assessors Map-107A, 1?arcels 149, 283 and 284, also known as 1275 Turnpike Street, North Andover, Massachusetts. b) The "PIans" refer to the plans prepared by Marchionda and Associates, Stoneham MA 01028, entitled "Special Permits Plan., Notice of Intent Plan and Storrnwater Pollution. •4 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 Prevention. Plan for The Arbors at North Andover" , Applicant Elm. Development Services, LLC 575 East Longmeadow MA 01028, revised to Match 3, 2010. The flans also include the Architectural Pious titled "Proposed Continuing Care Retirement Center, and a "Conceptual Rendering: Assisted Porte Cochere", delivered-to the Planning Board on March 16,2010, for 1275 Turnpike Street, North Andover,MA", by arclititect Gori & Associates,4633 lst Avenue South, Milmeapolis,MN 55419. c) ' The "Project" or "1275 Turnpike Street:" refers to the construction of a 125 unit CCRC housing development, with associated, grading, parking, utilities, landscaping, in the Village Residential (VR) district on Turnpike St,, at.the location of the former Boston Hill ski area as shown on the"Plans"as defined"above. d) The"Applicant" refers to Elm Development Services,LLC.,the applicant for the Special Permit, e) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include 'but'is not limited to the applicant, developer, and.owner. 2) Environmental Monitor' The developer shall designate an independent Environmental Monitor according to the conditions outlined in the Conservation Commission's "Order of Conditions". The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official, 3) Construction Monitor. The applicant shall designate an independent construction monitor Mho shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall maize weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues, The designated monitor may not be applicant and/or developer. The weekly inspections and ;monthly reports provided to the planning Department shall include the. following: a) site clearing; b) erosion control; c) drainage and detention structures; d) ors-site water and sewer utilities; e) parking spaces and related pavement; 0 newly constructed roadwAys/access ways; g) 'curb cuts; h) retaining walls; i) site screening, landscaping and street trees; j) site restoration; and 6 Spacial Permit—Site Plan Review&CCRC The Arbors at North Andover—Elm Development Services,LLC - 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 k) final site cleanup 4) This Special Peirnit shall not be transferred to a not-for-profit entity except in the event that such entity agrees in writing to pay real estate taxes on the property for so long as such entity owns the property and notwithstanding such entity's not-for-profit status. S) PRC,10k-TO THE ENDORSEMENT OF T—HE PLANS BY THE ]PLANNING BOARD, THE APPLICANT MUST COMPLY WITH'I HE FOLLOWING CONDITIONS: a) The final plaits must be reviewed by the Planning Department and be. endorsed by the Planning Board. The final plans must be-submitted for review within ninety(90) days of fling the decision with. the Town Clerk. The final plans will include an updated landscaping and parking plan that will show public parking spaces to be used by members of the general public when accessing the property's open space. The plan.will also show a minimum of 74 parkingspaces to be determined as follows: i. 68 Elderly Housing Independent Units @ 0.6 per unit=41 spaces ii: 57 Elderly.Housing Assisted Living @ 0.4 per unit=23 spaces iii. I parking space per 2 employees 10 spaces, for a total of 74 parking spaces, b) A bond in the ainouat of forty thousand dollars ($40,000)must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, newly constructed roadways/access ways, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The bond shall be in the form of a check made payable to the Town of North Andover,that will be placed in an interest bearing escrow account., c) A Slope Stabilization Bond in the amount of one-hundred thousand dollars ($100,000)to be held by the Town of North Andover. The Slope Stabilization Bond shall-be in a form of a check made payable to the Town of North Andover that will be placed into an interest bearing escrow account. These monies may be utilized by the Town to ensure the stabilization of the slopes. These monies or the balance thereof, will not be . released until three years from the date of coiiapletion of slope construction. For purposes of this section, "date of completion of slope construction" shall be defined as the date that the Tow:n's Construction Monitor certifies in writing to the Planning Board that the slopes and associated retaining walls have been constructed in accordance with approved plans and this decision. Furthermore, the Town's Construction Monitor shall not male this determination until a joint site visit.has been scheduled with the Planning Board. d) The Applicant, within thirty (30) days after this Decision becomes final, shall submit to the Planning Board for its approval an appropriate Form A Application for Approval of an ANR Plan(Approval Not Required Plan) along with an ANTI Plan which shall include 6 Special Permit—Site flan Review&CCRC The Arbors at North Andover—EIm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 one lot, thus combining all three lots now specified on Assessor's Map 107A, lots149, 283 and 284. No construction activities authorized by this Decision shall be cornrrzenced until the Applicant has recorded said approved ANR, e) All site plan application and escrow fees must be paid in full and verified by the Town Planner, 6) PRIOR TO THE START OF CONSTRUCTION: a) The Conservation Restriction on the Open ,Space as mentioned in "Finding of pact" #2 must be approved and recorded at the, Registry of Deeds. A copy of the recorded restriction must be,provided to the Planning Office, b) All required approvals must be obtained from the Conservation Commission, including but not li2nited to an Order of Conditions, c) Retaining walls shall be designed and stamped by a structural engineer registered in the state of Massachusetts, Stamped plans and calculations shall be submitted to the Planning Department and the Building Inspector prior to'construction, The submittal of plans is for informational purposes only, the applicant must apply for and receive a building permit to a pzofe:ssional structural engineer for the retaining walls at both the front and rear of the property. d) A copy of the approved Stonnwater Pollution. Prevention Plan '(SWPP), as approved by the Conservation Commission, shall be submitted to the Plamaing Staff e) if the applicant proposes to perl'onn blasting, a permit shall be obtained from the Fire Department, A pre-construction meeting must be held with the developer, their construction employees, Planning Department, the 'Conservation Department, the Environmental Monitor, the Construction Monitor and Building Department (and other applicable departments) to discuss scheduling of inspections to be conducted on the project and the construction schedule, g) A construction schedule shall be submitted to the Planning'Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. h) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department and Conservation Department, i) Yellow "Caution" tape must be placed along the, limit of clearing and grading as shown on the plan. The Planning Department must be contacted prior to any cutting and or clearing on site. 7 Special Permit--Site flan Review&CCRC The Arbors at North Andover--Rite Developmetit Services,LLC 1275 Turnpike Street Map 147A,Parcels 149,283 and 284 April 6,2©10 j) It shall be the responsibility of the developer to assure that no erosion-on the site shall occur which will cause deposition of soil or sediment upon adjacent properties ar public ways, except as normally ancillary to off-site sewer or other bff-Site construction, Off- site erosion will be.a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer'written notice of any such finding and ten days to cure said condition, k) The developer shall provide the Planning Board with copies of permits, plans and decisions received from 01 other North Andover Land-Use Boards or departments. In addition io receipt of these plans, the applicant shall supply the Town'Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, dozx missions and departments that differ from the approved plans referenced in.Condition 23. 7) PRIOR TO THE ISSUANCE OR A BUILDING PERMIT: a) The applicant must present the final architectural drawings to the Plar ing Board for approval at a Planning Board meeting. b) Three (3) copies of the signed, recorded plans roust be delivered to the Planning Department. c) 'One certified copy of the recorded decision must be submitted to the Planning Department, d) Before the issuance of a building permit, the applicant shall record a Restriction on fire property with the Registry of Deeds for the benefit of the Town that the property shall not be transferred to a non-profit entity except in the event that such entity agrees in writing by an instrument recorded at the Registry of Deeds to pay real estate taxes on the property for so long as such entity owns the property and notwithstanding such.entity's not for profit status. This condition and the Restriction shall run with the land and be binding on the applicant, its successors arid assigns in perpetuity,and the Restriction shall be approved by the Planning Board before recording, 8) ]DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly tlifoughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly or more frequently as dictated by site and weather conditions and as directed by the Town Planner. Tazps shall be placed over any stockpiles to ensure that any dust is mitigated properly. 8 SPecial Permit—Site Plan Review&CCRC The Arbors at North Andover--.Elm DevelopnIent Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 b) The Planning Board will strictly enforce the policy relative to the stockpiling of matc�ials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and .approved by the Town. Planner. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts neighboring properties. Any stockpiles to remain for longer than one week must be covered. c) In an effort to reduce noise levels, the developer shall keep in optiniurn working order, through regular maintenance, any and all equipment that shall emanate sounds from the strtletlrres or site. d) All earth removal will be conducted as part Of the,Building Permit issued by the Building Inspector. e) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that-the,developer is adhering to the conditions set forth in the decision. 9) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The applicant must submit a letter from the architect and engineer of the project stating that the [wilding, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning Board,to cover the full amowit of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. b) The building must have any and 0 fire sprinklers installed in accordance with MGL 148 section 2.6. 10)PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FTINUS a) The. Planning Staff shall review the site.- Any screening and landscaping as may be reasonably required by the Planning Staff will be added at the Project Owner's expense, b) A final as-built plan showing final topography, the location of all on-site utilities, structures, curb cuts, parking spaces, roadway/access way construction, drainage structures, and facilities must be submitted to the Planning Department. The applicant must submit a letter from the architect and engineer of the project stating said iterns substantially comply with the plazas referenced at the end of this decision as endorsed by the Planning Board. . 9 _Sp eial permit—Site Plan Review&CCRC The Arbors at North Andover Rim Development Services,LLC 1275 Turnpike Street Map 107A.,Parcels 149,283 and 284 April 5,2010 c) The parking spaces for access to the Open Space Parcel and signage indicating which parking spaces are to be utilized for the general public must be constructed as shown on the plans referenced at the end of this section. 11)Throughout the entire site, tree cutting and grading shall be kept to a minimum in order to minimize erosion and preserve the nature features of the site. Further, at no time shall construction impact the conservation easements or properties maintained by the "Trustees of Reservations. 12)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through'Friday and between 8:00 a,m. and 5:00 p.m. on Saturday. 13)All existing plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project, 14)The contractor shall contact Dig Safe at least.72 hours prior to conunencing any excavation. 15)Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 16)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17)No underground fuel storage shall be installed except as may be allowed by TownRegulations, 18)The provisions of Us conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest.or control. 19)All snow storage is to be removed as needed to provide sufficient access throughout the site and to ensure the proper safety of vehicles and pedestrians. 20)The Site Plan Review Special Permit granted under Section 8.3 for this site shall also be considered as part of this decision. . 21)The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in-full accordance with the design elements and features displayed and discussed during the Public Hearings. Any changes deemed substantial by the Town Planner shall be presented to the Planniing Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 22)This Special Perrnit approval shall be deenred to have lapsed after April 6, 2012 (two years from the date permit granted) exclusive of any time required to pursue or await determination 10 Special Permit--Site Plan Revlew&CCRC The Arbors at North Andover,—Elm Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 of any appeals of this decision, unless substantial Use or construction iras commenced within that two year period or unless the Planning Board grants to the Applicant an extension of the original two-year tirne period. Substantial use or construction will be determined by a majority vote of the Planning board. 23)The following information shall be deemed part of the decision.: Plans: Special Permits Plans,Notice of Intent Plan and Storrnwater Pollution Prevention Plan for the Arbors at North Andover, A Continuing Care Retirement Centex Sheets: 1 -- 19 Date: November 12,2009,updated Pebruary•16, 2010 and March 3,2010, Submitted by: Marchionda&Associates 62 Montvale Ave. Stoneham, MA 02180 Applicant: Elm Development Services, LLC 200 North Main St, East Longmeadow,MA. 0 1028. "'-poet Titled: Drainage Report The Arbors at North Andover Submitted by: Marchionda&.Associates 62 Montvale Ave. Stoneham, MA 02180 Applicant: Elin Development Services, LLC 200 North Main St. East Longmeadow,MA 01028 Date:. November 12,2009,revised Februaxy 15,2010 Plans: Architectural Plans Proposed Continuing Care Retirement Center 1275 Turnpike St. North Andover,MA Sheets: A1.0,A1.1, A2.0, A3.1,A3.2,A3.3,A3A,A3.5, A4.0,A4.1,A5.0, A5.1, A5.2, A6.0 all dated 7/01109 and Conceptual Rendering: Assisted Porte Cochere", received March 16,2010. Submitted by: Cori &Associates 1'I Special permit•-Site Plan Review&CCRC The Arbors at North Andover--EIm Development Services,LLC , 1275 Turnpike Street Map 107A,Parcels 149,283 and 284 April 6,2010 4633 1st Avenue,South Minneapolis,MN 55419 Applicant: Elm Development Services,LLC 200 North Main St. East Longmeadow,MA 01029 . Plans: Landscape and Lighting PIan The Arbors at North Andover North Andover Massachusetts .1275 Turnpike Street Prepared for: Elm Development Services,LLC. Submitted by: Huntress&Associates 17 Tewksbury Street Andover,MA '01810 Sheets: LI and L2 Date: November 11,2009, Ll Updated 2/25/10;L2 Updated 3111/10 Plans. Lighting Plaris Submitted by: Holophane 214 Oakwood Ave. Newark,'OH 43055 Designer—Peter Beane Sheets Revised Lighting Plans,2 Sheets, Dated 11/30/09 Holophane Mir ostar Luminaire Horizontal Lamp Version, 1 Sheet,Dated 1011103 Utility Arlington Series Luminaire, Full Cut Off,2 Sheets,Dated 2/25/09 Traffic: Traffic Impact&Access Study Proposed Congregate Care Facility Route 114(Turnpike Street) North Andover,Massachusetts Prepared for: Elm Development Services,LLC Prepared by: . Dermot I.Kelly Associates,Inc. 280 Main St.,Suite 204 North Reading,MA 0I864 Date: June 2 00 1,updated November 10,2009,December 22,2009 12 Special Permit—Site Plan Review&CCRC The Arbors at North Andover—Li Im Development Services,LLC 1275 Turnpike Street Map 107A,Parcels 149,183 and 284 April 6,2010 T S',yytrsth G L(� f# f'Ilf'rr4 rl Plan: Sight Distance Plank 2010 APP " 7 14 Sheets: 1 Tate; March2,2010 T'()LtI l0' ' l�ASSA �f15 7 Gc: Town Depaitiznents Applicant Engineer Abutters t3