Loading...
HomeMy WebLinkAbout1992-09-29 Decision ri TOWN OF NORTH ANDOVER TO:!i MASSACHUSETTS SEf z9 2 52 P 99Z Any appeal shall be filed F p within (20) days after the "' f date of filing of this Notice ��SSncHuset�y in the Office of the Town Clerk. NOTICE OF DECISION September 29, .1992 Date . . . . . . August 1$, �1992 Date of Hearing; . ,September. 1., 1992 September 15, 1992 Petition of , ,ST.T'.Corporation.& .Health .and .Rehabilitation ,Properties .Trust , Premises affected , .75 Park Street, . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the , ,North ,Andover .Zoning ,Bylaw. ,Section .8:3 . . .SitePlan ,Review, , . , . , . , . so as to permit/.review. . . . . o�osed. arkin .area.to.serve.existing.nursing,home. . . . . . . . . . �.�.:.� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVES. . . . . . . .the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cc: Director of Public Works based upon the following conditions : Building Inspector Health Agent/Administrator j Conservation Administrator Assessors Signed Police Chief Fire Chief ,7osepY} �1lfl��Y. . . . . . . . . . . . Applicant Engineer ,ighij Dr,jP.qr . . . . . . . . . . . . . . . . . . . . File Interested Parties ,l�i,�t�ar,rl, Aarde.1,1.a . . . . . . . . . . . . . . . .R �hard .Ro��n . . . . . . . . . . . . . . . . . . . . . . . . . .planning. . Board. . . . . . . . SLF CORPORATION 75 PARK STREET NORTH ANDOVER, MA AND HEALTH AND REHABILITATION PROPERTIES TRUST 400 CENTRE STREET NEWTON, MA SITE PLAN REVIEW APPROVAL SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT: The Planning Board makes the following findings regarding this Site Plan Review application as required by Section 8. 3 of the Zoning Bylaw: 1. The proposed use and site design for this lot are appropriate, due to its location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The landscape design plan as shown and revised, meets the requirements of Section 8 . 4 of the Zoning Bylaw. 4 . The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. 5. Adequate and appropriate facilities will be provided for the proposed use. Subsequently, the North Andover Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements 'as listed in Section 8. 35 but requires additional conditions in order to be in compliance. Therefore, in order to fully comply with the approval necessary to construct the parking lot and modify the existing facility as specified before us, the Planning Board hereby grants approval to the applicant provided the following conditions are met. CONDITIONS OF APPROVAL: 1. Prior to obtaining a Demolition or Moving Permit for the dwelling at 290 Osgood Street the 'following items shall be addressed to the satisfaction of the Planning Board: a. This decision shall be recorded at the Northern Essex Registry of Deeds and a recorded copy delivered to the Planning Office. b. If dwelling is to be relocated all necessary permits shall be obtained from the Massachusetts Department of i r Public Works, District 5. C. This site shall have received all necessary permits and approvals from the North Andover Board of Selectmen (if moving the dwelling) , the Building Inspector, the Division of Public Works, and any utility companies (Telephone, Electric, Cable, Gas) . d. If the dwelling is demolished, the applicant must obtain permits from Fire/Building Departments. 2 . All proposed landscaping is to be completed in accordance with the plan and approved by the Town Planner in the field. Proposed landscaping must be augmented in the following areas: a. At the rear of the Randone property b. Abutting the Pizbysz property c. Along the perimeter of the parking lot as required by the Town Planner to assure adequate screening. 3 .� The site for the parking area shall be reviewed by the Planning Board when completed. Any additional landscaping as ~� may be reasonably required shall be added at the owners expense. 4 . All landscaping incorporated into this decision must be replaced if it dies within 12 months of planting. A security bond in the amount of $5, 000 will be retained by the Planning Board for the 12 month period to ensure compliance with the required landscaping. 5. The applicant, in conjunction with the Town Planner, shall mark large trees that should be saved in the area of the proposed sitting/walking area prior to commence of work in the area. 6. The Town shall hire a registered arborist, paid for at the applicant' s expense, to monitor construction of the lot to ensure that the large trees on Town property are not disturbed. Maximum fees shall not exceed $2 , 000 . 7 Prior to paving the proposed parking, the Planning Board reserves the right to re-evaluate the proposed screening near the Randone property and may require the elimination of not more than two parking spaces to create a more densely landscaped buffer. " 8 . All lighting in the parking lot shall be downcast in accordance with Town standards and shall not project into adjacent properties. 9. The applicant shall provide for: a. an appropriate speed bump in the lot as shown on the site plan. b. a stop sign in the lot as shown on the site plan. 10. All proposed plan changes set forth in the applicant' s letter dated September 9 , 1992 are hereby incorporated into the site plan. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12 . The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control.. The following plans shall be deemed as part of this decision: Plans entitled: Proposed Site Plan Parking Lot Addition Greenery Extended Care Center Osgood Street North Andover, MA Sheets: SP-1 Scale: 1" -- 20" Dated: July 24, 1992; revised 8-18,8-26,9-4 Prepared By: Richard F. Kaminski & Associates, Inc. 360 Merrimack Street Lawrence, MA 01843 (508) 687-1483 c Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief ' Applicant Engineer File . - JCAREN H.P. NELSON �r � Town of 120 Main Street, 01845 Director �,a NORTH ANDOVER (508) 682 6483 BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT September 29, 1992 Mr. Daniel Long Town Clerk Town Building 120 Main Street 2North Andover, MA 01845 Re: The Greenery - Special Permit & Site Plan Review Dear Mr. Long: The North Andover Planning; Board held a public hearing on August 18, 1992, in the Town Building, Selectmen's Meeting Room, upon the application of S1 L Corporation,75 Park Street, North Andover, MA and Health Rehabilitation Properties Trust, 400 Centre Street, Newton, MA, requesting a Special Permit and Site Plan Review approval. The hearing was duly advertised in the North Andover Citizen on July 29, 1992 and August. S, 1992 and all parties of interest were properly notified. The following members were present: George Perna, Chairman, John Simons, Joseph Mahoney and Richard Rowen. John Draper and Richard Nardella were absent and reviewed all pertienent plans,documents and minutes in the Planning Office. The petitioners were requesting a Special Permit under Section 4.122, Para, 17 of the North Andover 'Zoning Bylaw. The purpose of the Special Permit is to expand an existing use. The petitioners were requesting Site Plan Approval under Section 8.3 of the North Andover Zoning Bylaw, The purpose of the Site flan Review is for the proposed parking area to serve the existing nursing hone. The premises affected are located at 75 Park Street and 290Osgood Street in a Residential-4 (RA) Zoning District. The Greenery Page 2: John Sunons read the legal notice to open the public hearing, Christian Huntress stated that this application was in the process of going through the Technical Review Comnuttec, Victor Baltera, Attorney for the applicant,,was present and introduced Don Buckley, Regional Director of the Greenery, Katherine Martin, Administrator of Stevens Hall, Al Vascone, Project Architect, and Jerry Foley, Project Engineer. Attorney Baltera stated that there were two reasons for being before the Planning; Board: 1. Special permit to expand the existing nursing home use to two adjoining parcels. 2. To place a walking and sitting area for nursing home residents on an adjoining parcel owned by the Greenery. The Building Inspector has challenged thecurrent operations of the nursing hoarse. The applicant is before the 'Zoning Board of Appeals, appealing the Building Inspectors decision, John Simons read the second legal notice on ekpanding the additional use. The applicant is looking for an approval on the extended use. Robert Nicetta, Building'Inspector, stated that the nursing home was built in 1972. Under the Zoning Bylaw in effect at that time, nursing homes were allowed. No Special Permit was necessary. Under the current Zoning Bylaw,Nursing Homes are allowed in the R4 Zoning, District by Special Permit only. John Simons read a letter from Victor Baltera, attorney for the applicant, That letter is available in the file for inspection. Joseph Mahoney expressed concerns with how the applicant.would expand the non- conforming use within the context of the Zoning Bylaw. Attorney Baltera stated that he was asking the Board for a Special Permit for allowing the nursing home in the R4 District. The Greenery Page 3: George Perna stated that the Board had two issues: 1, Site Plan Review ?. Special Pei7iut for a nursing horne in the R4 District and it appropriate for that area. Robert M:,tta,Building.Impector, stated that his decision on the non-conformity was based on three reasons: t. Change in the level of care, requiring more staff. requiring more; parking. ?. Traffic 3• Security The applicant has been addressing.all those issues and the Building Inspector asked that the Board consider granting therm the Special Permit and Site Plan Review Approvals. The applicant is proposing 97 parking spaces. The Town requires 63 parking spaces. Al Vascone, Project Architect, spoke on sonic of the issues: 1. drainage. - to be addressed by engineer, 2, exiting and entering - width of driveway to be expanded. 3. fencing - shrubs to be planted or have already been planted, 4. screening parking lot - additional plantinns to be used. ti. sitting area to be accessed from the l'uilding,, not the srteet. Jerry holey, Kaminski Associates, engineer for the project, spoke to the Board on [ho drainage. Drainage calculations will 10c g,.iven to Bill Ifinurciak, D.P.W• for review. Arthur l:)etm, 2461}leasant Street.. stated that ije:vas opposed to the parking.lot. John SinLons asked what his m ww main concern leis. Mr, Detor was stated that it as lo,10 term, What the applicant will be;Join-in years to come. Mr-, Detora stated that the proposed is not in the best Ulterest to the neighborhood. ' The Greenery Page 4: Andrew,lames,262, Pleasant Street,expressed his concerns with the nursing home being apprc>pruttc use for the neighborhood with its current level of care. Sarllh Mortenson, 259 Osgood Street, expressed concerns with traffic entering and exiting in the middle of the hill on Osgood Street and the children going to the l�itteridge School. She furtlier stated that in the winter time. it was especially hard to make the hill going toward the school. There is step sign at the intersection of Osgood Street and Maid Street and a lot of tiiitc,s cars have to back unto t_l !�yt_Jjt,3 5 twt4,�) a,4 fk, #t�lr David WITale, 2S1 Pleasant Street, expressed concerns with the noise created by the traffic. He also expressed concerns with rodents on his property and the possiblti cause is the storage of open garbage. Robert Nic;etta read a letter regarding the initial request for a rest home, dated 1971. The Town had no say in the facility. The State Department of Public Health said there was a need and it was allowed to the Rif District at that time, Guy McDonald, 279 Osgood Street, commented on the number of parking spaces the applicant was providing and expressed his concern on the possibility of enclosin-. the existino parking Linder the building and 'expanding the facility. Bob 1-lines, SS Park Street, .expressed his concerns with a building on the adjoinin parcel being used as an addit ional facility for pa ticnts. He also expressed concerns with ligiltin froin thc; parking, lot and the sc-reaming that collie from the facility by the patients. One of the abutters expressed concerns with the drainage in the area. Joseph Mahoney stated that lie «,as very aware of the drainage problems. George Perna stated that he would like to have a site visit a9d would like to spend sonic: time visiting the facility. The Traffic Safety Officcr will be asked to comment on the traffic issues. George. Perna asked Christian 1-huntress when the next Technical Review Con-imittee was as lie wanted to a ttcnd that meeting. The next meeting;has been scheduled for Wednesday, August 26, at 10:30 a,m. Mr Perna will be attending that meeting and report back to the Board, The Greenerv, Page 5: Richard Rowers asked if the use factor was the basis for possible conformance. The answer was no. Robert Nieetta stated that it was an allowed use by the Gont ttonwealth c Massachusetts. There was no expansion on the nuiatbL.r of beds. Jay Mortenson, 259 Osgood Street, asked that studies be done when school was in session. Joseph Mahoney asked if there really was a necessity in a traffic study. Mr. Mahoney live i tltc. ea. and gave thy ' oa an. account 4�f how hat• it is to Feet ontn t7s�;��ocf Strr_et from one of the side streets. George Perna wanted more input from the various department oil the safety issues. Ile asked that dawn cast lighting be used and wanted them shown on the plans. A motion was made by Joseph Mahoney to continue the public hearing to September 1, 199`, The motion was seconded by Jolty Simons and voted unanimously by those present, Qn rd held a regulark meeting. The i'ollowintz September 1, 1992 the Planning Boa , Chairman, John Simons, Clerk, .John Draper, Joseph ataetnbetti were present: Gcc}rge Per"' 'Richard Nardella was absent. Mahoney and Richard Rowen. Christian Huntress updated the Board on the application before them. He vas asked b the Board to meet with the'Fechnical lZeview Committee. A written response was received Y front the Tire Department D.P.W. will be review tiag drainage aka Park Street, There wns €)o written response from the Police Department to date, but a response is cxpec:ted. .Tula!) Shnons read a.letter from the Fire Department which is in )lac fate for.inspecr.ioia. George Perna stated that there were; other issues that were brought tap a thelat',' n�eetitt?. one of them was access to and from the property, Karen Nelson, Director Plannin4-&Community Developznetat stated that tilt,applicant will pull the access further away from the direct line of the house across the street. The Greenery will be asked to provide a existing homes in the. sidewalk all Osgood Street. Lighting will be addressed. Locations of the afea was requested. The D.P.W, will review the aspects of the loo year storm event. A nien7o was react from the safety officer by l-aren Nelson. No response was 7orntally receivcd by tlae PlanninU: Board fron-I the Police Department. The Greenery Pace G: - Revised plans of the entrance and the parking lot were shown to the Board. Christian Huntress, Town Planner asked the engineer to move the three van parking space located on Park Street to the new pal:king area in the back. He did not want several areas used for parking, only one designated area. John Simons asked th�a the parking area be staked so that the Board could get a better idea of its location. He expressed concerns regarding the root systems of the existing trees on the abutting property. Some:of the trees were over 150 years old. George Perna asked how the applicant would safe guard those trees when regrading was done on the property. He asked the applicant to show where the sidewalk would be placed. The applicant stated that there was an existing sidewalk from the Police Station to Park Street. George Perna stated that lie was not pleased with the present lighting on the site.. On the issue of the location of the abutters and screening,John Simons stated that when he walked the site there were portions of the property that were pretty well screened. Calculations were done on the 100 year storm event and the design exceeds the requirements. D.P.W. has time figures and are reviewing the calculations. Geors.e Perna stated that the issues discussed were: related to site plan review and reminded the Board and those attending the public hearing that the issue of the Special Permit on the use had not been addressed. Another issue that came tip was additional screening. The applicant will use arborvitacs, A bond will be set up to ensuring that any tree that dies will be replaced. John Sumions read from, the Zoning Bylaw, Section 10.3,a10.31.1 & 10,31.2 on Special Permits and the Special Pere-iit Granting Authority. George Perna stated that the Special'Pernut Granting Authority in this case was the Planning Board and that the Board>hall not approve any such application fora Special Permit unless it finds that in 'its judgement that all of the conditions are met. [f the Board finds that it is art appropriate use, they calm condition the; application appropriately. The Greenery Page 7: John Simons asked the applicant if this was the final cap on development if the approvals were issued. The applicant stated that there were no future plans. John. Simons reworded his question trying to get some sense of what would be going on at the site, He expressed concerns with the possibility of the applicant coming,before the Board in a few years wanting,to expand the existing building to the parking area and finding a new site for parking. He wanted some sort of deed restriction or a condition. He did not want to seethe same thing happen to this neighborhood as did out on Route 114, Joseph Mahoney stated that he was in agreement with what John Simons articulated. Arthur Detora, 242 Pleasant Street, stated that he was opposed to the plans before the Board. He did not see that this was a benefit to the neighborhood. John SinioDs read a portion of a response from Town Counsel on the use issue. "It is my opinion that a change in the use of the facility of the nature and extent you have described may be determined by the Building Inspector to be so substantial as to result in the loss of its legal nonconforming status. If this determination is made, it is my opinion that the current New Medico use may not be lawfully operated under the current Town's Zoning Bylaw until a special permit and site plan approval have been granted by the Planning Board for the facility, as a new use, pursuant to Sections 4.122, 8.3 and 10.3 of the Bu-Law." George Perna stated the Board of Appeals was not going to act on the Building Inspector's decision. The issue before the Board is,"is this a proper use in the neighborhood." The level of care has changed from Level 4 to Level 2, The Bylaw does not address levels of care under Nursing HomeXonvalescent Homes. Robert Nicetta,Building Inspector stated that lie has been woski.ng on this project with Karen Nelson, Director of Planning&Conununity Development for the past few years. The previous owners did not respond to requests or calls, The present owners are trying to work with the neighborhood and have met with them to try and resolve the issues. He further stated that the Building Permit was issued in April,11972. The facility was already built. The permit wtas issued the same day the State uaspected the facility. The G reenery Page S: E George Perna stated that the issue being addressed at the present bane is"use", Hewent on to stay that the action of the Building Inspector was appropriate. The action of the Board of Appeals was also appropriate and they are waiting for the Planning Board to make their decision. George Perna went over the options of the Planning Board: 1. Deny the Special Peffi it and the Site Plat, Review. 2. Approve both the Special Permit and the Site Plan Review. 3. Approve the Site Plan Review and deny the Special Permit, 4. Approve the Special Permit and deny the Site Plan Review. The Building Inspector's action was due to additional parking in the current, Zoning Bylaw. John Simons expressed concerns with granting a special perinit which would allow for further expansion of the nursing facility. John Schrier, 267 Osgood Street, expressed concerns with the noise,and a safety factor. Shirley Robert, Park.Street, expressed her concerns with the investments made by her and her neighbor, evert though smaller than the Greenery's investinent, still important to then. Christian Huntress stated that under Special Permits in the Zoning Bylaw,limits can be placed in a decision as to the size of the facility. Letters were supplied to the Board by the neighbors and are part of the file. A motion was made by Joseph Mahoney to close the public hearing on the Special Permit and the Site: Plan Review and talcs the matter tinder advisement. The motion was seconder! by John Draper ajad voted unanimous by those present. On September 15, 1992 the Plannini Board held a regular meeting. The following. men- begs were present.. George Perna, Chairman, John Simons, Clerk, John Draper, Joseph Malloney, Richard Nardella and Richard R.owen. The Greenery Page 9; Copies of a draft decision were given to the Board. by John Simons. John Sixuos went over six choices that the Planning Board should consider. Those choices were: 1. Approve the special permit and site plan Lv es prohibition against future expansion on the site. %. Approve the speckl p :rtnit and site plan without prohibition against future expansion. 3. Reject both the special permit and site plan by finding that the proposed usewill adversely affect the neighborhood. 4. Approve the special permit as it pertains to the original non-conforming site on 75 Park Street, Reject the expansion of the use onto 290 Osgood Street (and also 59-61 Park Street) 5. Combine Choice 4 with a conulutrnent by the planning Board to evaluate the: entire Park Strcer, Pleasant Street, Osgood Street and Main Street area for appropriate future development. 6. Request applicant to withdraw the application and perfotm study.. John Sin-ions stated that by granting both pernuts would be doubling the,area and allow they use to continue. Joseph Mahoney stated that was the natural progression of change. John Draper stated that it would make a difficult situation better. During she discussion of the draft decisions on the Special Permit the following items were added: I. Condition #1 - T imit the number of beds. - See D.P.H. License; 2. Condition #2 - Add - Limited to only non-medical supplies storage. 3. Condition #3 - Add - on plans dated. The Greenery Page 10: 4. Condition #4 - Change times to read 9:00 a.m. to 7:00 p.m. 5. Condition #6-Maintaining no barking along Park St.,Pleasant St., or Osgood St. 6. Condition #7-Change time of 11:00 p.m. to 11:30 p.m. Fixtures to be approved after construction Site Plan. Review 1. Condition #1 through Condition 0 -Boiler plate on screening and bondurg. 2. Condifion #5 - Adding - Mark trees in field to be preserved and stake the lot prior to construction. Check Rand one property,may need additional screening. 3. Condition #9 - Add - at entrance to lot. 4. Condition #10 - Fliniinated 5. Condition #1 i - Add - Stop sign 6. Condition #12 - to be added - Drainage to be approved by D.P.W. A motion was made by John Draper to approve the Special Permit subject to the draft decision and discussion. The inotion was seconded by Joseph Mahoney, George Perna did not vote. Those in favor of the is-rot ion were John Draper,Joseph Mahoney, Richard Nardella and Richard Rower. Opposed was Jolty Simons. A motion was made by John Draper to approve the Site Plan Review as drafted and amended addressing; the lighting on the building and special attention to the screening of the Randone Property. The motion was seconded by Joseph Mahoney and vote unanimously by those present. a The Greenery Page 11: Attached are those conditions. Sincerely, Planning Board Gcorgc Pe a, Chauinaaa cc:: Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chef 1 Applicant Engineer File j I y Ica SIX CORPORATION 75 PARK STREET NORTH ANDOVER, MA AND HEALTH AND REHABILITATION PROPERTIES TRUST 400 CENTRE STREET NEWTON, MA SITE PLAN REVIEW APPROVAL SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT: The Planning Board makes the following findings regarding this Site Plan Review application as required by Section 8.3 of the Zoning Bylaw: 1. The proposed use and site design for this lot are appropriate, due to its location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The landscape design plan as shown and revised, meets the requirements of Section 8. 4 of the Zoning Bylaw. 4 . The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8. 3 of the Zoning Bylaw. 5. Adequate and appropriate facilities will be provided for the proposed use. Subsequently, the North Andover Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8. 35 but requires additional conditions in order to be in compliance. Therefore, in order to fully comply with the approval necessary to construct the parking lot and modify the existing facility as specified before us, the Planning Board hereby grants approval to the applicant provided the following conditions are met. CONDITIONS OF APPROVAL: 1. Prior to obtaining a Demolition or Moving Permit for the dwelling at 290 Osgood- Street the following items shall be addressed to the satisfaction of the Planning Board: a. This decision shall be recorded at the Northern Essex Registry of Deeds and a recorded copy delivered to the Planning Office. b. If dwelling is to be relocated all necessary permits shall be obtained from the Massachusetts Department of • i I 17 Public Works, District 5. C. This site shall have received all necessary permits and approvals from the North Andover Board of Selectmen (if moving the dwelling) , the Building Inspector, the Division of Public Works, and any utility companies (Telephone, Electric, Cable, Gas) . d. If the dwelling is demolished, the applicant must obtain permits from Fire/Building Departments. 2 . All proposed landscaping is to be completed in accordance with the plan and approved by the Town Planner in the field. Proposed landscaping must be augmented in the following areas: a. At the rear of the Randone property b. Abutting the Pizbysz property c. Along the perimeter of the parking lot as required by the Town Planner to assure adequate screening. 3 . The site for the parking area shall be reviewed by the Planning Board when completed. Any additional landscaping as may be reasonably required shall be added at the owners expense. 4 . All landscaping incorporated into this decision must be \' replaced if it dies within 12 months of planting. A �r -7 security bond in the amount of $5, 000 will be retained by/f the Planning Board for the 12 month period to ensure compliance with the required landscaping. 5. The applicant, in conjunction with the Town Planner, shall mark large trees that should be saved in the area of the proposed sitting/walking area prior to commence of work in the area. 6. The Town shall hire a registered arborist, paid for at the applicant's expense, to monitor construction of the lot to ensure that the large trees on Town property are not disturbed. Maximum fees shall not exceed $2, 000. 7 . Prior to paving the proposed parking, the Planning Board reserves the right to re-evaluate the proposed screening near the Randone property and may require the elimination of not more than two parking spaces to create a more densely landscaped buffer. 8 . All lighting in the parking lot shall be downcast in accordance with Town standards and shall not project into adjacent properties. 1�+rr r 9. The applicant shall provide for: a. an appropriate speed bump in the lot as shown on the site plan. b. a stop sign in the lot as shown on the site plan. 10. All proposed plan changes set forth in the applicantos letter dated September 9, 1992 are hereby incorporated into the site plan. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12 . The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control . The following plans shall be deemed as part of this decision: Plans entitled: Proposed Site Plan Parking Lot Addition Greenery. Extended Care -Center Osgood Street North Andover, MA Sheets: SP-1 Scale: In - 20" Dated: July 24, 1992; revised 8-18,8-26,9-4 Prepared By: Richard F. Kaminski & Associates, Inc. 360 Merrimack Street Lawrence, MA 61843 (508) 687-1483 c Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief Applicant Engineer File REGISTRY OF DEEDS Northern District�of Essex SS RECEIVED U' �. 19`��. at JO O'CLOCK M—,�+ M ALSO RECORDED IN BOOK JS Page /S— ATTEST REGISTER OF DEEDS ) SULLIVAN WORCESTER ONE POST OFFICE SQUARE BOSTON, MASSACHUSETTS 02109 IN WASHINGTON,O.C. (617) 338-2800 IN NEW YORK CITY 102S CONNECTICUT AVENUE,N.W. TELECOPIER NO.617-336-2$$0 767 THIRD AVENUE WASHINGTON,D.C,20036 NEW YORK,NEW YORK 10017 (PO2)775-8190 TWX:710-321-1976 (212)496-8200 TELECOPIER NO,202-293-227B TELECOPIER NO.212-768-2151 November 13 , 1992 Ms. Karen H. P. Nelson, Director Town of North Andover Division of Planning and Community Development 120 Main Street North Andover, MA 01845 Re: SLF Corporation and Health and Rehabilitation Properties Trust; Premises: 75 Park Street, 59-61 Park Street, 290 Osgood Street Dear Karen: In accordance with Condition 1 of the Site Plan Review Approval and Special Condition 1 of the Special Permit for the Greenery facility, I have enclosed copies of each decision as recorded at the Essex North Registry of Deeds. Very truly yours, Victor N. Baltera VNB/mlc Enclosure cc: Mr. Donald Buckley (w/o encs. ) MUM Mfl ' TOWN OF NORTH AN DOVER E M A S S A C H U S E T T S R SEf 29 2 S2 PY V y 0 Any appeal shall be filed This Is to CGUY that twenty(20)days within (20) days after the have elapsed frOM ate of dGdWon filed without 411n of date of filing of this Notice bate g Daniel Long, in the Off ice of the Town Town clerk Clerk. NOTICE OF DECISION ATUST September 29, 1992 /A True Copy Date. . . . . . . . . . . . . . . . . . . . . August Date of Hearing pt�aAbpF. 1, 1992 September 15, 1992 _Twvi'-Clerk petilioch . .5W.Corp .Health .and Rehabilitation Trust. . . .. . . . . . . . . . . Premises affected . . .75.Park.Street . . . . . . . . . . . 290 . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zonin4 .By - Review Section 8.3 of the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Site . . . . . . . . .Plan. . . . . . . . . . . . . . . . . . . v . ,�V��j,�g.home, so as to permit/.reiew. . . . . . . the. . . . . .to. . .serveexisting, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVES. . . . . . . .the el to .1' * , , * TIME M ov based upon the oflowilig con axons : Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Signed Police Chief Fire Chief Aq:19Ph . . . . . . . . . . . . Applicant Engineer . ohrl ArAmr. . . . . . . . . . . . . . . . . . . . . File Interested Parties .1q4niquA . . . . . . . . . . . . . . . .R .�hard .Raven . . . . . . . . . . . . . . . . . . SLF CORPORATION 75 PARK STREET NORTH ANDOVER N , MA AND HEALTH AND REHABILITATION PROPERTIES TRUST 400 CENTRE STREET NEWTON, MA SITE PLAN REVIEW APPROVAL SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT. The Planning Board makes the following findings regarding this Site Plan Review application as required by section 8. 3 of the Zoning Bylaw: 1. The proposed use and site design for this lot are appropriate, due to its location in Town. 2 . Adequate vehicular and pedestrian access into the surrounding site has been provided. 3 . The landscape design plan as shown and revised, meets the requirements of section 8 .4 of the Zoning Bylaw. 4 . The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8 . 3 of the Zoning Bylaw. 5. Adequate and appropriate facilities will be provided for the proposed use. Subsequently, the North Andover Planning Board finds that this proposal generally complies with the Town of North Andover Zoning Bylaw requirements *as listed in Section 8. 35 but requires additional conditions in order to be in compliance. Therefore, in order to fully comply with the approval necessary to construct the parking lot and modify the existing facility as specified before us, the Planning Board hereby grants approval to the applicant provided the following conditions are met. CONDITIONS OF APPROVAL: 1. Prior to obtaining a Demolition or Moving Permit for the dwelling at 290 Osgood Street the 'following items shall be addressed to the satisfaction of the Planning Board: a. This decision shall be recorded at the Northern- Essex Registry of Deeds and a recorded copy delivered to the Planning Office. b. If dwelling is to be relocated all necessary permits shall be obtained from the Massachusetts Department of r o l Public Works, District 5. C. This site shall have received all necessary permits and approvals from the North Andover Board of Selectmen (if moving the dwelling) , the Building Inspector, the Division of Public Works, and any utility companies (Telephone, Electric, Cable, Gas) . d. If the dwelling is demolished, the applicant must obtain permits from Fire/Building Departments. 2 . All proposed landscaping is to be completed in accordance with the plan and approved by the Town Planner in the field. Proposed landscaping must be augmented in the following areas: a. At the rear of the Randone property b. Abutting the Pizbysz property c. Along the perimeter of the parking lot as required by the Town Planner to assure adequate screening. 3 . The site for the parking area shall be reviewed by the Planning Board when completed. Any additional landscaping as may be reasonably required shall be added at the owners expense. 4 . All landscaping incorporated into this decision must be replaced if it dies within 12 months of planting. A security bond in the amount of $5, 000 will be retained by the Planning Board for the 12 month period to ensure compliance with the required landscaping. 5. The applicant, in conjunction with the Town Planner, shall mark large trees that should be saved in the area of the proposed sitting/walking area prior to commence of work in the area. 6. The Town shall hire a registered arborist, paid for at the applicant's expense, to monitor construction of the lot to ensure that the large trees on Town property are not disturbed. Maximum fees shall not exceed $2, 000. 7 . Prior to paving the proposed parking, the Planning Board reserves the right to re-evaluate the proposed screening near the Randone property and may require the elimination of not more than two parking spaces to create a more densely landscaped buffer. 8. All lighting in the parking lot shall be downcast in accordance with Town standards and shall not project into adjacent properties. F 1 E 9 . The applicant shall provide for: a. an appropriate speed bump in the lot as shown on the site plan. b. a stop sign in the lot as shown on the site plan. 10. All proposed plan changes set forth in the applicant's letter dated September 9, 1992 are hereby incorporated into the site plan. 11. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 12 . The provisions of this approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. The following plans shall be deemed as part of this decision: Plans entitled: Proposed Site Plan Parking Lot Addition Greenery Extended Care Center Osgood Street .North Andover, MA Sheets: SP-1 Scale: 1" - 20" Dated: July 24, 1992; revised 8-18,8-26,9-4 Prepared By: Richard F. Kaminski. & Associates, Inc. 360 Merrimack Street Lawrence, MA 01843 (508) 687-1483 c Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief Applicant Engineer File ' i #�. AMIN fflfl ' TOWN OF NORTH ANDOVER GA°" M A S S A C H U S E T T S N T Y 'i ; ! � µaRrH Scp 29 G SZ PP 'JZ F � lil Any appe • ' '� Within (10) This IstocerUly that twenty(20)days. have elapsed from date of dedslon filed date of filing u�, , without filing of anDanlal pe In the Office of NOTICE OF DECISION TownCterfcg, Clerk. �f Date September 29, 1992 A True Copy August• �18, t•992 3 Date of Hearing September 1, 1992 r September' '15,' *1992 Town `Gtbr Petition of"�- �SLF.Coreoration &,Health,and Rehabilitation.Projer ies Trust . . . . . Premises affected ark, Street. 59-61 Park, Street, 290 Ospood Street . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zonin Bylaw -- Section 4. 122, Paragraph 17. of the . . . . . . . . . . . . . . . . . . . . . .$. . . . . . . . . . . . . . . . . . . . . so as to permit existing,use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE. . . . . SPECIAL.PERMIT. . . . .'�'Ti,UME.NT' NO, . . . .the . , . . . . . . . . . . . . . . . . . . . COUNTY based upon the o owl g on ids: cc: Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Signe Police Chief Josep Mahoney Fire Chief . . . . . . . . . . . . . . . . . . . Applicant ohn Draper Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . File Rchaxd�Nardella . . . . . . . . . . . . . . . Interested Parties . . . . . . . . . . . . . . . . . . SLF CORPORATION 75 PARK STREET NORTH ANDOVER, MA AND HEALTH AND REHABILITATION PROPERTIES TRUST 400 CENTRE STREET NEWTON, MA SPECIAL PERMIT, NURSING AND CONVALESCENT HOMES The North Andover Planning Board herein approves the Special Permit as requested by SLF Corporation and Health & Rehabilitation Properties Trust, dated July 24 , 1992; revised 8- 18, 8-26, 9-4--92. The Planning Board makes the following findings regarding this Special Permit for the continued operation of a Nursing and Convalescent Home at 75 Park Street, North Andover. The granting of the Special Permit is in accordance with Sections 4 . 122, paragraph 17, 10. 3 and 10.31 of the North Andover Zoning Bylaw. A. The specific site is an appropriate location for such a use, structure and condition in that it adjoins the existing nursing home and is also set back and screened from the immediate residential neighborhood. Nursing homes are permitted by Special Permit in a residential, - 4 Zoning District. B. The use as it exists and expands will not adversely affect the neighborhood. The proposed parking area will remove parking from neighborhood streets. Appropriate measures will be taken to minimize lighting impacts by the installation of shields. C. There will be no nuisance or serious hazard to vehicles or pedestrians; The proposal is designed to remove vehicular traffic associated with the nursing home to an on-site parking facility. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The parking layout and design will be in compliance with the Zoning Bylaw and the recommendations of the Technical Review Committee; E. The Special Permit Granting Authority has determined that said application is in harmony with the general purpose and intent of this Bylaw. The Board has deemed that the location and operation of the existing nursing home is appropriate and that the proposed improvements will lessen the traffic associated with this- use on Park Street and the surrounding neighborhood area. The Planning Board finds under Section 4 . 122 of the Zoning Bylaw that the continued operation of the nursing/convalescent home and I I the construction of the accessory parking and outside sitting/walking area complies with the Bylaw requirements but requires the additional conditions to complete full compliance. Upon reaching the above findings, the Planning Board approves this Special. Permit based upon the following conditions; SPECIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds and recorded copy sent to the Planning Office. i 2 . The Special Permit is issued for a 122 bed skilled nursing care facility (Level II) as governed by Massachusetts General Laws Chapter 1110 Section 71 and regulations established thereunder and as referenced by the Department of Public Health's LICENSE TO MAINTAIN A CONVALESCENT OR NURSING HOME (license #3508) . 3. There shall be no further expansion of the size or interior square footage of the building, the number of beds at the facility, intensity of use or the number of parking spaces. 4 . The existing 59-61 Park Street building may be used only for employee meetings and storage of nonmedical supplies or as the designated residential use. No patient services are to be provided in this building. The building will not be permitted for use as a general office or for administrative purposes. 5. van parking only shall be permitted only as shown on referenced plans herein. 6. Deliveries to the facility shall not occur prior to 9: OOAM or after 7:OOPM. 7. The applicant shall submit a Form A Plan (ANR) to the Planning Board prior to the endorsement of the site plan that combines the existing three lots into one single lot. 8 . The applicant shall petition the Board of Selectmen to maintain the existing resident--only parking designation in the vicinity of the facility. There shall, be no parking by facility ' employees on Park Street, Pleasant Street, or Osgood Street. The facility shall provide for visitor parking on site. ` 9. The parking lot lights shall be turned off each evening by 11: 30PM and may be turned on no earlier than 6: 30AM. 10. The proposed light fixtures in the parking area are to be approved by the Planning Board. (Should be shielded as per Planning Board standards) 11. Exterior building lights shall be shielded so as to direct illumination downward. 12 . No use will be permitted on the site other than what has been requested in the application. 13 . The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 14 . The site plan review approval shall be made a part of this decision. The following plans shall be deemed a part of this decision: Plans entitled: Proposed Site Plan Parking Lot Addition Greenery Extended Care Center Osgood Street North Andover, MA Sheets: SP-1 Scale: 1" - 20" Dated: July 24, 1992; revised 8-18, 8-26, 9-4-92 Prepared by: Richard F. Kaminski & Associates, Inc. 360 Merrimack Street Lawrence, MA 01843 (508)687-1483 c Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief Applicant ' Engineer File