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HomeMy WebLinkAbout1989-10-05 Recorded Decision SPR CCRC RECEIVLF� N n TOWN OF NORTH ANDOVER ZAMIERA Ctt34 / I MASSACHUSETTS WORTH ArhDVER AT!'B.copyS1% �'11s�1a Any appeal shall be filed -within(20)-days-afterthe date of#iiirlg of-this Notice NOTICE OF DECISION nClerk in-the OfficsO the Town oe Clerk. 14 Date.,O,ctAW..5,.1P99............. d bn Date of Hearing SIT 1 q9 7bwa pale Petition of ..del F;; 8ogers�and�d9e�rood.iif .Care InC..................... Premises affected Baat.aiae-of Oaqood Street.................................... Referring to the above petition for a special_permit from the requirements of the . .-Horth.Audowes 9.3..4;te.ELau.Rewr ................ so as to permit ..te.csaasuct�wa A1E a lv7diay.125,S1 .ea.�t...t4� .at�ar,3..(�.1. �.SA.ctirailiog.waits..45.dad-.twr�.t�ia puF9�.��i�ttY.g�.�:�Ita.4 �AFP...... Retirement Center. After a public hearing -given on, the above date, the Planning Board voted Conditionally to AP,PFO.vP ._...,...the site Plan Review EXI CA based upon the following conditions: �n cc: Director of Public Works Hoard of Public Works Highway SO—yor Building Inspector Signed Board of Health Conservation Commission Gp4re.Perna� J Chairman ..... Assessors Police Chief John s3monst Clerk _. Fire Chief ••••••••.•••• Applicant Erich Nitzsche Engineer ................... Pile, Interested Parties Paul Bedstrom a. K 4I g n Striset 345 OFFICES OF: Town of North Andover 9011-DINd NORTH ANDOVER Massachusetts 01845 CONSERVATION +`'3',� DIVISION OF (508)682 6483 HEALTH PLANNING PLANNING &COMMUNITY DEVELOPMENT KARBN H.P.NELSON,DIRECTOR gctober 5, 1989 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Edgewood L:fe Care Special Permits under Section 8.3, Site Plan Review; Section 13, Continuing Care Retirement Center; Section 11.3, Planned Development District Dear Hr. Long: The North Andover Planning Board 'held a public hearing on July 27, 1989 in the Town Hall, Library/Conference Room, on the applications of Samuel S. Rogers and Edgewood Life Care, 1 Johnson Street, North Andover, M.A. The hearing was duly advertised in the North Andover Citizen on July 6 and July 13, 1989 and all parties of interest were notified. The following members were present and voting: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche, Jack Graham and Paul Hedstrom. The petitioner is requesting Special Permits under section 1jo. 3; Section 10.31; Section 11.3 and Section 13 of the North Andover Zoning Bylaw as they relate to a Continuing Care Retirement Center and section 8.3, Site Plans Review. The purpose of the the Site Plan is to construct a build-ing 125,312 sq.ft. , three (3) story, 250 dwelling units, 45 bed long term nursing facility of a Continuing Care Retirement Center on 62.29 acres, more of less on the east side of osgood Street in a Residential-1 (R-1) and Residential-2 (R-2} Zoning District and Watershed overlay District. John Simons :read the legal notices to open the public hearings on the special permits. John Simons stated that there were several letters and other correspondence in the file for public inspection. George Perna asked Chris Huntress to comment on the application. Chris stated that the applicant had been before the Technical Review Committee and that a number of issues were resolved. Clifford Elias, representinq Samuel S. Rogers and Edgewood Life Care, presented the Board with two separate packages: 1) large loose leaf book, called the Information Book; 2) a memorandum package for official records of this application. The Board accepted the packages. Page 2: Mr. Elias asked that the Board visit the site and 1060 Osgood_. Street where a model of the proposed is being displayed. The major difference in this application from the preliminary plans is the location of the access road. There will be town water and town sewer by the developer. Sixteen acres of the proposed project will be disturbed. A new traffic study has been done with minimal impact. The proposed will be done in two phases: 1. health center and dwelling units 2. last two building nearest the lake, the pool and the auditorium. The cost per unit will be around $190,000 with monthly maintenance fees from $900 to $1400. Some of the parking will be underground, 132 spaces and 236 spaces above ground for a total of 368 parking spaces. One hundred seventy five (175) people have signed up already with sixty percent (60s) North Andover residents. Mr Elias presented the Board with samples of agreements. Chris Huntress spoke on the circulation of the traffic flow. Erich Nitzsche stated that a workshop would be appropriate on the proposed project. Erich suggested a site walk to view the access road. The Board will meet on Saturday, July 29, 1989 at 8:00 a.m. at 1060 Osgood Street. John Simons commented on looking at the scale model in conjunction with the massing. Paul Hedstrom asked if a Form A Plan existed, was it a legal lot of record. Mr. Elias said, "no, not yet. " George Perna asked for public input. Erich Wodlinger, attorney representing the Rockwell's, gave the Board a letter on issues his client wanted addressed: I. access issues to be addressed as a subdivision 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained 5. landscaping and screening to be done carefully. Mr Wodlinger asked that the concerns be made part of the conditions. George Perna questioned why the access road was moved. Clifford Elias stated that there were two reasons for the access road being moved: 1'. conservation 2. safety Attorney Arthur Hughes, representing the Mary Charles Estate. expressed concerns similar to those expressed by Eric Wodlinger, attorney for the Rockwell's. A motion was made by Paul Hedstrom to continue the public searing atil August io, 1989 and set up a workshop. The mot-inn ,ra Page 3: The Planning Board held a regular meeting on August 10, 1989 i-D the Town Hall, Library/Conference Room. The following members were present: George Perna, Chairman;Erich Nitzsche, Jack Graham and Paul Hedstrom Erich Nitzsche read a letter from Chris Huntress to Clifford Elias. Clifford Elias stated that the Planning Board visited the site on July 29, 1989 as well as the office to see a scale model of the proposed project. Mr. Elias stated that the Special Permit for a common driveway has been filed and the Form A Plan will be filed on August 11, 1989. Members of the Planning Board expressed concerns on the following: 1. Screening of parking 2. safety of intersection 3. traffic A discussion took place between members of the Planning Board on setting up workshops. Some members expressed the need for them, others did not see the need. George Perna went over a letter from Choate, Hall & Stewart, attorneys for abutters, on issues and whether they were relative to planning or .not, that letter is available in-the file for inspection. A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1969 and direct the planner to draft a decision. The motion was seconded by Jack Graham and voted unanimously by those present. On August 24, 1989 the Planning Board held a regular meeting in the Town Hall, Library/Conference Room. The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Jack Graham. Abutters expressed concerns with crossing the access road. A discussion took place on drainage. Mitigation of run-off will incorporate all off site flow to the 100 year storm event. Other issues discussed were: the common driveway access to the farm being used; security issues; agreements with trustees. A motion was made by John Simons to close the public hearing and take the matter under advisement. The motion was seconded by Erich Nitzsche and voted unanimously by those present. On September 7, 1989 the Planning Board held a regular meeting in the Town Hall Selectmen's Meeting Room. The following members were .present: George Perna, Chairman; John Simons, Clerk and Erich Nitzsche. Jack Graham and Paul Hedstrom were absent. _. .. ..- -f� GtK 4323 PG 341 Page 4: A copy of a draft decision was distributed to the Board members. The Board is to review the draft decision and vote on at .the September 21, 1989 meeting. On September 21, 1989 the Planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Room. The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Paul Hedstrom. Jack Graham was absent. The Board members added to the draft that all relevant approvals must be obtained prior to issuance of a building permits. Incorporated into the decision will be concerns of D.P.W. which are addressed in a letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation. Housekeeping, in the language, was done on Conditions #5, Condition #17, and Condition # 20. Motion was made by Paul Hedstrom to approve the Special Permit drafts for Site Plan Review under Section 8.3; Section 13, Continuing Care Retirement Center; and 11.3, Planned Development Districts per discussion and drafts as marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. Sincerely, PLANNING BOARD George' Perna, Jam{,—� Chairman CC: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief Applicant Engineer File : 3 PG 349 enraEWnOD LIFECARE. SPECIAL PERMIT, SITE PLAN REVIEW - GRANTED UNDER SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW The Planning Board makes the following findings regarding this Special Permit as required by section 8.3 of the Zoning Bylaws: I. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. S. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. S. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board finds under Section 8.38 of the Zoning Bylaw that the proposed site plan generally complies with the Town Bylaw requirements but requires minor conditions in order to be completely in compliance with Town Bylaws. Finally, the Planning Board finds that this proposal complies with the Town of North Andover Bylaw requirements so long as the following conditions are complied with. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Special Permit before u, the Planning Board hereby grants a Special Permit to the applicant provided the following conditions are mete (1) All drainage facilities including detention basins, shall be constructed and erosion controlled prior to any building permit being issued on the site. (2) An as-built plan and profile shall be submitted for review and approval prior to the final release of DPW bond -money. A certified interim as-built verifying that all utilities have been installed in accordance with the plans and profile shall be submitted prior to the application of the binder coat of pavement. In addition, all required inspection and testing of water, sewer, and drainage facilities shall be completed prior to binder course paving. (3) Any changes on the plans required by the North Andover Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. (4) All Planning Board Order of Conditions are to be placed upon the recorded plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. (B) Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the site. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan consistent with the provisions of section 3.6 of the North Andover Zoning Bylaws, to be approved by the Planning Staff prior to the applicant receiving a Building Permit. This Plan shall explicitly include specific trees to be retained. (6) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. (7) Sao, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. (8) All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during road construction. (4) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. (10) No underground fuel storage shall be installed except as may be allowed by Town Regulations. (11) All buildings shall have residential fire sprinklers installed prior to the issuance of the Certificate of Occupancy, per order NAFD. (12) Prior to a Certificate of Occupancy being issued for any structures, this site shall have received all necessary permits and approvals from the North Andover Board of Health. (13) Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, sits screening and other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement. (14) Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning _Hoard. Any screening as may be reasonably required by the Planning Hoard shall be added at the owners expense. (18) Crossing of the existing Right of Way shall not interfere PG 351 with that R.O.W. . Stop signs shall be placed in both directions along the existing Right of Way. (16) There shall be no construction, tree cutting or site related drainage in the area of the parcel currently zoned R-i Residence District (Watershed) without prier approval from the Planning Hoard. Details of the walkway, gazebo and gardening area as shown on the approved plans shall be submitted and approved by the Planning Hoard prior to commencement of construction of said portions of the project. (17) Edgewood Lifecare, or any subsequent owner in fee of lot 6, shall not subdivide the parcel. Prior to endorsement of the plans which are herein referenced, an open-space conservation easement shall be granted to the Trustees of Reservations. That easement shall include all lands in this parcel which are located within the Watershed. The extent of the easement and the accompanying documentation shall be subject to Planning Hoard approval. The open-space conservation easement shall allow walking activities by residents of the CCRC and their guests. (18) Prior to endorsemant of the plans#, all off site utilities shall be submitted to, and approved by the North Andover DPW. (19) Prior to the Building Permit being issued for the first structure and again prior to Occupancy Of the first structure, the applicant shall receive a written determination from the Conservation Commission that all work under their ,jurisdiction is being satisfactorily preformed and maintained. (20) The special permit granted under sections 10.3, 10.31, 11.3, and 13 ( Special Permit, PDD, CCRC ) for this site shall also be considered as part of this decision. (21) All construction on the parcel must conform to plans and specifications herein referenced as part of this application. Any changes to the plans or specifications must receive prior written approval from the Planning Hoard. The following plans shall be deemed as part of the decisions Plans Entitledl Town of North Andover Massachusetts. Stevens Street Proposed Water and Sewer facilities. Dateds ,tune 6, 1989 Drawn Hys OCS Associates Inc. Plans Entitleds Topograghic Plan, Dated 12/29/S8 Plan of Land, North Andover MA, Dated 4/11/89 site Plan (Project), Dated 6/5/89 Project Planting and Lighting Plan, Dated 6/2/89 site Plan (Entry), Dated 4/27/89 Site Plan (Project), Dated 4/27/89 Grading and Drainage Plan (Entry), Dated 4/27/89 Grading and Drainage Plan (Project), Dated 4/27/89 Drawn By: Earl R. Flansburgh & Associates Inc. Plan prepared fore Edgewood Life Care Inc. Oct Director of Public Works Board of Public Works Highway surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File �..