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HomeMy WebLinkAbout1992 ZBA Correpsondence uF µonrq• } ISAREN H.P. NELSON Town of a�° 120 Main Street, 01845 ,� Director , a <e NORTH ANDOVER (sas) saz fi483 BUILDING �°,4rNus,t CONSERVATION DIVISION Olt PLANNING PLANNING & COMMUNITY DEVELOPMENT January 21, 1992 MEMORANDUM TO : JAMES P. GORDON, TOWN MANAGER FROM ; KAREN NELSON, DIRECTOR RE: NEW MEDICO - STEVENS HOME I would like to provide you with a status of the New Medico/Steven Home parking issue that remains outstanding before Town Counsel. I spoke with Joel Bard the first week of January reminding him of the need for his input for the Board of Appeals meeting in January. Having not heard from him I phoned the following week and left a message on his phone mail. I am hopeful that I ' will have something from Counsel by the end of this week for your review and for the Board of Appeals members. There will be discussion heard at the February 11, 1992 ZBA meeting pertaining to this topic. I contacted the resident and designated spokesman for the neighborhood, Andrew James informing him of the pending meeting to be held next month. cc : Frank Serio, Chairman ZBA HULA -4 'JL 1 €4Z> KVr'3=LI`IHI`t HI`ill r-HitzG r.c.9 KoPELMAN AND PAIGE. P,C, LOiEMN i nwLL3YrA,7 AONAA, KPPEI-MAN pF COL[Hsci PONhLU C PAIGE ATTORNEYS /\i LAW C_tFAQFTH A L,A?JE jQYC r I-RANK 101 ARCH STRIE5T .I )HN W ul4RGIP I YARBARA J 5AMT ANDR@ BOSTON, MASSOkCHUSETTS 02110.1137 ! JOE'. 0 6ARID Jill.MARL J FAI„LQN 14171 0s1•40C+7 '+Y],LfI:N, :7{=WIG ISi f`•KkLTr J MARDVA ,,ALYE M U'►tALUEY NOFTHAMFTON ?ATRt,:• � GOSTELLP '. E413: 165 06732 rtAhtN v KE41.Y D 110KAH A. ELJASON 4iLl';T W ANNC-MARIV. M. MYLANO RIC MAkL € 0WCN ..HL'Rt_ AWN SANK6 FIRtAIi W RII.EY - RA.YMSiI:.:. C PORYLki - February 7, 1992 lbs. Karen P. Nelson, Director CO=Unity Development North Andover Town Hall 120 Main Street North Andover, MA 01.845 Re: stevens Hall - New Medico Zoning and parking Issues pear Ms. Nelson: You have requested an opinion relative to the zoning status of the New Medico Rohabilitation and skilled Nursing Center at Stevens Hall. The facility, originally operated as the Stevens. Hall convalescent Home, is .located in the Residence 4 Zoning District. When Stevens Hall was constructed in 1972-31 the nursing home use was allowed by right in the district. Under subsequent amendment to the Zoning By-law, suoh uses are now allowed only by special permit. This now special permit requirement rendered the use a legally nonconforming one, entitled to the protection of G.L. c,40A, Section 6. Over the last several years, the nature of the facility has changed from a nursing home serving predominantly elderly patients to a facility primarily devoted to the treatment and rehabilitation of head trauma victims. As a result of these changes, on-site parking is inadequate and the surrounding residential neighborhood is experiencing the impacts of spillover parking can the side streets, as well, as of increased traffic flow and increased emergency fire and police calls to the area. You have asked whether the facility, as currently operated, is a mere continuation of the nonconforming nursing home use operated as Stevens Hall, and if not, to what extent and under what authority the Town may now control and regulate the use and, its parking, PAINTED ON KKCYC.EP PApEh KOPF-LMAN AND PAIGE", P.C. Ms. Karen P. Nelson, Director community Development February 7, 1992 Page 2 As discussed more fully below, it Jr;, 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 Inspeotor. 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 Now Medics use may not be lawfully, operated under the Town's Zoning By-law until a special permit and site plan approval have been granted by the Planning Board for the facility, as a now use, pursuant to Sections 4. 122, � 8 , 3 and. 10. 3 of the By-law. Alternatively, the Building Inspector may find, in my opinion, that the change is at least significant enough to.. necessitate a finding and speoi.al permit by the Beard of Appeals to authorize the change, extension and/or alteration of the: nonconforming nursing home/convalescent center use. If this latter determination is made, however, it is my opinion that the current use necessitates a special permit by the Board of Appeals pursuant to Section 1.0.3, as well as a finding by that Board under Section 9. 1 that the use as extended or altered is not substantially more detrimental to the neighborhood than then, prior nonconforming use. Moreover, the extension or alteration would be subject to the specific limitations contained in Section' 9. 2 . In the discussion below, I have provided some criteria to assist the Building Inspector in making this determination.! The Town's control over the parking situation may be exercised, in my opinion, through zoning requirements for off- street, parking and/or through the Board of Selectmen's authority to regulate traffic and parking on public strOats. Even if. the New Medico use isy legally grandfathered, it is my opinion .that the Board of Appeals may condition or deny permission to alter or extend the non-confoming use an the grounds of inadequate off- street parking. Di,s gug SS ION 1. Nonconforning statug of Ne co New Medi.co's facility has not conformed to zoning since the Town amended its Zoning By-law and changed the status of nursing and convalescent homes from a permitted use to a use allowed only by special permit. As a result, New Medico's current operations r'i•_IV L1 .✓L lt.. „--, I I A.«LIIF111 j111ll.f 1 R1LL.. • • u I KOPE�L.MAN AND PAIGr-, P,C. Ms. Karen P. Nelson, Director Community Development February 7, 1992 Page 3 fall into one of two categories:. -- Legal nonconforming use., by virtue of the fact that the Steven Hall Nursing Home pre- existed the zoning change. In this case, the use is proteoted, provided that any changes to the use meet the criteria under the Zoning By-law; or P�np_e_rmitted US8, because the nature or character or impacts of the use Jaave changed such that the Building Inspector finds that the ourrent use is different from the original one. Accordingly, the Building Inspector should firat• satisfy himself as to whether New Medico is entitled to be treated as a legal nonconforming use, grandfathered under G.L. o.40A, §C and Section 9 of the North Andover Zoning By-law. in my opinion, the New Medico facility is entitled to the protection of G.L. c. 40A, g5 and Section 9 of the North AndoV er Zoning By-law only if it can show: (a) that the head trauma treatment center reflects the nature and purpose of the nursing hone use as it existed before the zoning amendment came into effect which established the special permit requirement for nursing home and convalescent home use in the district; (b) that there is no difference in the quality or oharacter, as Well as the degree of use of the property: and (c) that the current facility is not different in kind i.n its effect on the neighborhood. Hall v, Zoning Beard of Appeals, 28 Mass. Appeals Court 249 , 257 (1990) and cases cited. If New Medico oannot meet all three tests, thon in my opinion, it can no longer legally operate Qnder the Town's zoning unless it obtains a special permit for the use Pursuant to Sections 4 .12 and 10. 3. If New Medico can meet all three tests, then the Building Inspector may make a determination KOPF-L.MAN AND PAIGE, P.C. Ms. Karen P. Nelson, Director Community Development February 7, 1992 Page 4 that a permit and finding under §9 . 1 are needed, as disciassed below. Under Section 4.12 and 10.1, at special permit for a new- nursing home/convalesoent center may be granted by the Planning Board only if the Board makes the five requisite findings under Section 1.0.31..1 as to appropriate location, effect upon the neighborhood, adequate and appropriate facilities, lack of nuisance or hazard to vehicles or pedestrians, and harmony with the purpose and intent of the By-law. In reviewing such a special permit application, it is my opinion that, under Section 10. 31.2, the Planning Hoard may impose appropriate setback, screening, and site design conditions, as well as limitations on the "size, number of occupants, method or time of operation, or extent of faoilities. " In addition, the special permit use would be subject to the parking requirements of Section 8 . 1 of the. By- law, as well as a Site Plan Review special permit by the Planning Board, pursuant to Section 8.3 . On the other hand, should New Medico demonstrate satisfactorily that it is a legally nonconforming use, it is; my opinion that the Building Inspector may nevertheless require, New Medico to obtain a finding by the Board of Appeals under Seoti,on S to allow for the change, alteration or extension of the nonconforming use from a long-term nursing care primarily serving the elderly, to short-term and intermediate-term care of head trauma victims. Such determination may be based upon a comparison of the operations at the Facility now and at the time- of the adoption of the special- permit provision which made the. use non-conforming. The Building Inspector may consider factors including, but not limited to: -- the estate--designated level of care classifications .of the facility beds; the patient/staff ratio: -- the proportion of out-patient versus in-patient services provided# - parking needs. Moreover, because the facility no Longer conforms to the By- l.aw, it may not be changed, extended or enlarged except in } KQPclI MAN AND PAIGE:, P.C• Ma. Karen P. Nelson, Director Community Development February 7, 1992 Page 5 accordance with the four criteria listed under Section 9.20 including (1) the requirement for a special permit by the Board of Appeals, (2) the limitation confining the change to "the same lot occupied by the nonconforming use on the date it became. nonconforming", (3) the limitation on aggregate increase ,in volume, area or extent of the nonconforming use, and (4) the limitation on changes which unreasonably prolong the economic: life of the nonconformity. Furthermore, as discussed in the following section, it is my opinion that any expansion, Change or alteration which resulted in a requirement for additional parking, would be subject to the provisions of Section 8 . 1 and, the site plan special permit requirements of Section 8. 3 , as We 2 . ApRlicability of Parking Ha=irements Regardless whether New Medico is regarded as a new use. or a : permissible alteration, extension or change in a pre-existing. nonconforming use, it is my opinion that the changed facility is subject to compliance with the parking reVirements of Section 8 . 1., unless the Board of Appeals grants a variance upon a finding that a lesser number of spaces than required under the By--law "Would adequately provide for the needs of all persons using the building. " Section 8. 1.1 provides, in part, that whenever there is a, change in use so as to increase door area or design capacity, off-street parking spaces must be provided in accordance with the parking schedule. The parking schedule requires at least one space per sleeping room for single or double occupancy, or one space per two beds for rooms exceeding double occupancy, in connection with nursing homes. 1n the event, however, that the changes at the New Medico facility are determined not to constitute a change, extension or alteration of an existing non-conforming use, then the current parking requirements do not apply if Stevens Hall conformed to the parking requirements in 9ffect prior to institution of the current ratio for nursing homes. 1n that case, the Town may rely only can voluntary cooperation by New Medico to provide sufficient off-street parking, or it may attempt to force the issue by instituting parking restrictions on the residential streets in the surrounding neighborhood. Of course, if Stevens Hall did not conform with the prior parking requirements, then it cannot be } KQRELMiAN AND PAIGE, P.C. Mrs. Karen P. Nelson, Director Community Development February 7, 1992 Page 5 regarded as a legally non--conforming use. 3 , Ugg ot Adi2ining Land for Accgsp_2r_y -Parkina for Nursing ]iQrnO Qonvalescent Center Use yoU have asked whether a lot adjoining the New Medioo facility may be developed for parking to serve New Medico. Whether or not New Medico is regarded as a pre -existing nonconforming user the creation of accessory parking on a separate, adjoining lot is not permissible, in my opinion, without a variance. Alternatively, if Now Medico wishes to develop the lot for parking, it is my opinion that it would have to merge the two lots into one and apply for a special. permit. Pursuant to Section 4.1 of the Zoning By-law, Lots may not be used except for uses specifically designated. Parking facilities are not listed as permitted principal uses in the; .residential. districts. Moreover, pursuant to Sections 2. 21 and 4.4, accessory uses may only be located on the same lot with the building of the owner or occupant and must be subordinate to 'and customarily incidental to the principal use of such building. The proposed parking area would be located on a lot adjoining the lot on which the New Medico facility is located , Yoga have indicated that the existing building on the adjoining lot is used for residential. purposes. Therefore, even though New Medico awns the adjoining lot and the building thereon, the parking area would not meet the requirement that accessory uses be subordinate to and customarily incidental to the principal use of the building on the same lot. Nor can a parking lot be developed to meet New Medico's reeds on this separate lot. Use variancos are not permitted under the By-law. Therefore, the only way New Hedico can use the adjoining lot for parking would be if New Medico, were to combine the two Iots into one. in my opinion, this action would require a special permit, encompassing the use of the entire new parcel for nursing home/convalescent home purposes, and would be subject to current parking and site plan requirements, as well. Since it appears that, even with the additional land, Medico would have insuff'ioi.ent area to meet current parking requirements, a parking variance would also be needed. Finally, use of the adjoining lot for parking may not, in any 'KOPE MAN AND PAIGE, P,C, Ms. Karen P. Nelson, Director Community Development February 7, 1992 Paige 7 opinion, be permitted as an expansion of a nonconforming use since under Section 9.2, any sruoh expansion must occur on the lot as 't existed at the tiae the ujIQ q2amecs nformin . since . ,the single-family house lot was not made legally nonconforming as a nursing home use, it is nat Possible now to expand the New Medico parking onto the lot under Section 9.2, in my opinion. 4N� STREET PARK;NG FST QTTpNS The Board of Selectmen has, in my opinion, the authority to adopt regulations restricting or prohibiting parking on the streets surrounding the New Medico facility in order to alleviate some of the neighborhood concerns. Such regulations may include restrictions such as "resident parking only" limitations, .CQMmonwealth v. Petralia, 372 Mass. 452 (1.977) , and regulation or prohibition of on-street parking .in the area during certain periods of the day and/or during certain days of the week. QQ=onwealth v. Berney, 353 Mass. 571 (1.968) . Please do not hesitate to contact me or Judith Cutler should you have any further questions in regard to this matter. i Very truly yours, Jbel B. Bard Jcc/myj cc: Board of selectmen KAREN H.P.NELSON Town Of 120 Main Street, 01845 Director J NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT February 10, 1992 MEMORANDUM TO: JAMES P. GORDON, TOWN 1MANAG FROM: KAREN NELSON, DIRECTOR3r� Q� t RE: STEVENS HOME/NEW MEDICO Attached is the opinion rendered from Town Counsel regarding Stevens Home/New Medico Facility on Stevens Street. I have scheduled this for discussion at the Board of Appeals meeting for Tuesday evening, February 11, 1992 . The highlights of the Town Counsel 's response are as follows: - The Building Inspector must research the nonconforming status of the facility, and thus New Medico will be required to file for a Site Plan Review Permit and Special Permit to the Planning Board. OR - At minimum file for a Special Permit to the Board of Appeals which authorizes the change, extension and/or alteration of the nonconforming nursing home/convalescent center use. {The ZBA would then have to take into consideration that the altered use is not more detrimental to the neighborhood than the prior nonconforming use} . - The change in use would be from a long-term nursing care facility to a short-term and intermediate-term care of head trauma victims. - The changed facility is subject to the parking requirements of the Zoning Bylaw as detailed in Section 8 . - To include the adjacent lot for parking purposes, a new Special Permit must be applied for, and a variance since the additional parking will remain less than is currently needed. However, Counsel has indicated on the last page that the adjacent lot cannot be used for the expansion of a nonconforming use. I JAMES GORDON 2/10/92 PAGE 2 . I will be discussing the contents of this letter further with Judith Cutler and Bob Nicetta in order to bring the matter before the Board of Appeals on Tuesday. cc: Board of. Appeals Bob Nicetta, Building Inspector NOHTy M�S SA 00 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS MEMORANDUM TO: James P_Gordon, Town Manager FROM: Frank Serio, Jr,, Chairmaaj4 DATE: February 14, 1992 SUBJECT: STEVENS HOME/NEW MEDICO As you know, Town Counsel has rendered.their opinion and have provided a course of action for the Town to take regarding the many issues surrounding the New Medico facility on Park Street. The members of the Board of Appeals reviewed their input at the February 11, 1992 meeting, The following people were present: the neighbors, Mr. John Keeney froin Stevens Home, Robert Nicetta and Karen Nelson. During the next month prior to our March meeting the Division of Planning and Community Development staff will be researching the conformity of the use as it existed before the zoning amendment requiring a special permit,and as the facility presently exists. However, an interim measure was suggested to alleviate the on-street parking problem, as it presents a safety and nuisance problem for the residents of the immediate area. It is recommended that the Selectmen impose an immediate" No Parking Regulation" or "Resident Parking Only" limitation in the immediate area until a permanent solution can be made. Mr. Keeney agreed with the Board members suggestion that the Board of Selectmen consider imposing some form of parking prohibition on Part Street as noted on the last page of Counsel's response. Mr, Keeney stated that this would force his employees to use the Buco parking lot at the end of the street and supported the idea, along with the neighbors. Page 2: Stevens Home/New Medico If you need any additional information please let me know, or contact Karen Nelson Please place this item on the Board of Selectmen's February 18th agenda. FS/kn cc: Karen I-IT-Nelson, Director, Planning &Community Development Robert Nicetta, Building Inspector }} NPIITN, 7 or.. KAREN H.P.NELSON 9 Town of 120 Main Street, 01845 Director *. NORTH ANDOVER (508) 682-6483 BUILDINGoe� .� CONSERVATION DIVISION of PLANNING PLANNING & COMMUNITY DEVELOPMENT j April 16, 1992 John Kenney, Administrator Stevens HalllNew Medico 75 Park Street North Andover, MA 01845 i Dear Sir: i New Medico's facility presently does not conform to zoning since the town amended it's Zoning Bylaw and changed the status of nursing and convalescent homes from a permitted use to a use allowed only by Special Permit. Recent changes to New Medico's operations constitute an unauthorized and therefore impernussable alteration of the non-conforming use as it existed when the Zoning Bylaw was thus amended. This is confirmed by the following observations. On September 19,1991 representatives of Steven Hall/New Medico (Messers. John Kenney, Peter Brown, Attys. Charles & John Trombly) net with Mr. Kevin Mahoney, Ms. Karen Nelson and Mr. Robert Nicetta, all representing the Town of North Andover and the immediate residents of the "Stevens Home" area. The citizens committee voiced strong complaints on overflow street parking, constant delivery truck traffic, and poor patient security at this meeting. Ln response,questioned on the number of employees, Mr.Kenney stated that the facility had one hundred sixty(160)full and part-time employees, divided into three shifts, seven days a week, plus patient visitors. At the present time the facility has approximately thirty (30) parking spaces available. 1 believe, based upon the-evidence of inadequate parking,constant delivery truck traffic, and poor patient security, the New Medico facility can not pass the three part test of legal non- conforniing use, grandfathered. under G.L. C40A, Section 6 and Section 9 of the North Andover Zoning Bylaw. The three part test being: d P I t ! Page 2: 1. That the bead trauma treatment center reflects the nature and purpose of the nursing home use as it existed before the zoning amendment came into effect which established the special permit requirement for nursing home and convalescent home use in the District; and i 2. That there is no difference in the duality or character, as well as the degree of use of the property; and 3. That the current facility is not different in kind in its effect on the neighborhood. Therefore, Stevens Hall/New Medico can no longer-legally operate under the Town's zoning unless it applies for and obtains the proper permits pursuant to the North Andover Zoning Bylaw. The Special Permit Granting Authority (1985/15)for nursing and convalescent homes according to 2,65 of the Zoning Bylaw is the Planning Board, You have thirty days from receipt of this letter to abide by this decision. You have a right to appeal this decision through the North Andover Zoning Board of Appeals, Very truly yours, D. Robert Nicetta, Building Inspector/ Zoning Enforcement Officer Return/Receipt cc James P. Gordon, Town Manager Karen I-I.P. Nelson, Dir. Planning & Community Development Joel Bard, Esq,, Kopleman & Paige Andrew James, Pleasant St. Resident I r A Leo r In Head Injury Rehabilitation �7wRehabilitation Group, Inc. June 4, 1992 Dear Neighbor, As you may be aware, we are appearing before the North Andover Zoning Board of Appeals on June 9, 1992 regarding a decision of the Town Building Inspectors. At that time, we will be asking that the hearing be continued for sixty 4: days in order to give us time to address the issue of concern to the town. If you have any questions regarding the above, please contact me at 508-685-3372. Sincere K therine M. Martin Administrator cc; D. Robert Nicetta Building Inspector Town of No. Andover Karen Nelson Director of Planning and Community Development Town of No. Andover 400 Centre Street Newton, MA 02158 (647) 244-4744 FAX (647) 558-2588 3 GO 1 DISTRICT 1/5 OFFICE 400 MAPLE STREET, DANVERS 01023 Permits - North Andover June 5, 1992 Mr. Victor N. Baltera Sullivan & Worcester One Post Office Square Boston, MA 02I09 Dear Mr. Baltera: This is to acknowledge your letter which I received on June 2, 1992, concerning the premises of New Stevens Hall , Inc. , as it abuts State property on the corner of Osgood Street. Please be advised that members of my staff have reviewed this matter and as there is to be no physical changes to the existing access, no additional permits will be needed. Thank you for calling this matter to our attention and if any additional questions arise, please feel free to contact the Department's Permit Engi- neer, Mr. Fred J. Harney, telephone number (508) 774-3190, Extension 15. F Very truly yours, David J. Wilson District Highway Engineer FJH/mfc cc: DJW. MWS C.Huntress * As of 4/8/92 the Department of Public Works will be known as the Massachusetts Highway Department. AGreenery Rehabilitation Group, Rehabilitation � - Inr..rllrrnagecl lincililp Skilled Nursing Center Ala ional l'atiew Re%r�,r1 Litre: At Stevens. Hall (SOO) 722-4744 i TO: Mr. Don Buckley/Mr. Victor Baltera FROM: Katherine Martin DATE: August 26, 1992 RE: Facility Response to Neighborhood Concerns: The following items were concerns that the neighborhood addressed to this facility. Also below is our response to their concerns: PARKING ISSUES: Complaint: Parking at the two family has been excessive. Parking on Park Street has been excessive. Solution: Stevens Hall has contracted with McAloon's Liquor Store for the rental. of 20 spaces, Contract is good until 12/31/92. After December, Mr. Bucco may undergo extensive rennovations and/or expansion and require the termination of our contract at that time. Stevens Hall has contracted with the VFW for the rental of 10 spaces. Contract is ongoing until- the VYW needs the spaces for their own use. Only four cars are allowed to park at the two family. Complaint: Trucks cor_tinually park on the street or either back up several times to try to get into the service area. Solution: Stevens Hall has widened their driveway to accomodate the large delivery trucks. This eliminates the need to park on the street. In addition, trucks can no longer deliver to the front entrance. All deliveries go to the rear delivery service area. P-11-k Swett \oral iido.-cr, -NIA 01845 (50S) 685--3372 Fix (508) 683-2030 Accwditecl dic,loint C:om3missiu€i mm_Accreditati(n of lIcalnccmc Orgimiratiosis w Medicare Aj)j)roved KAREN H.P. NELSON Town Of 120 Main Street, 01845 D=ie`l°r : � NORTH ANDOVER (508) 682-6483 j BUILDINGsa,C w9s` CONSERVATION DIVISION of PLANNING PLANNING & COMMUNITY DEVELOPMENT November 13 , 1991 Kopelman & Paige Ms. Judith Cutler 101 Arch Street Boston, MA 02110-1112 Re: Stevens Home/New Medico Facility 75 Park Street, North Andover Dear Judith: Enclosed please find the decision by the Board of Appeals dated May 19, 1986 as it references the 'enclosure ' of their existing building. If you have any questions, or need any additional information, just give me a call. Re ards,, Karen H. P. Nel on Director (stevenshome) Wr DOW' T Ow ii i:I A K NO R 11'. 0 7 E R MAY 10 10 24 IN '86 Any aPP0,11 St"11 1'r TOWN OF NORTH ANDOVER within .(20) MASSACHUSETTS (jaw of 11"01g, in the office of.'tine Town Clerk. BOARD OF APPEALS May 19 , 1986 Mr. Daniel Long, Town Clerk New Stevens Hall, Inc . Town Office Building 75 Parrk Street North Andover , MA 01845 Petition : 1183-86 Dear Mr. Long: The Board of Appeals held a public hearing on May 13, 1986 upon the application of New Stevens Hall, Inc. who requested a Special Permit under Section 4 . 122 , Paragraph 17 and Table 2 of the Zoning Bylaws so as to permit a new enclosure to their existing building. The follow- ing members were present and voitng : Frank Serio , Jr. , Chairman, Alfred Frizelle ., Esq. , Vice-chairman , William Sullivan and Walter Soule . The hearing was advertised in the Lawrence Eagle Tribune on March 24 and March 31 , 1986 and all abutters were notified by regular mail . The Board feels that granting this special permit to enclose an existing building for use as office space will not deter from the existing build- ing or neighborhood. Motion made by Mr. Frizelle and seconded by Mr. Soule to GRANT the special permit as requested so as to permit enclosure of 231 front . 53110 " deep , one story. 81 for use as offices on the premises located at 75 Park Street. Sincerely , -rank �Ssp_r'i o, J r. Chairman Board of Appeals /awt ORTIj * .'4.4 1 -.4,. R I:(,'E IV E 0. TOWN (,'I,['qK NORTII /AhOOVER MAY 20 10 24 AH '06 TOWN OF NORTH ANDOVE R MASSACHUSETTS �^Jj S Any aP,.. (-%,)% !, M within - ", S . -'.";e BOARD OF APPEALS date of 11,0'6 - he Town the, t NOTICE OF DECISION Clerk. New Stevens Hall, Inc. Date ;O;LY. . . . . . . . . . . 75 Park St. N. Andover, MA 01845 Petition No.,Q P . . . . . . . . . . . . . . . Date of Hearing. .0 OLY. . 13 'U Petition of . . . . ,New, .St.eve.ns. .Ha,1.1,, .Inc..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected . . . . . . .75-Par,k , St. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special Permit Referring to the above petition for a )W&Un from the requirements of uR4P.r Section 4 . 122 , Raragraph-17. . .and. Table . 2. .of tlie . Zoning-l$yLawA. . . . . . . . . . . . . . . . . . . . . . . . . so as to permit new, enclasure . to, ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . . .GRANT. . . . . . . the variance . a.s . requested. . . and hereby authorize the Building Inspector to issue a permit to e.r?QIQPP-,PAia, J?VI.21141�9-44:P4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed Frank Serio, Jr. , Chairman . . . . . . . . . . . . . Alfred Frizelle , Esq .., Vice-chairman . . . . . . . . . . . . . . . . . Augustine Nickerson , Clerk . . . . . . . . . . William Sullivan Walter Soule . . . . . . . . . . . . . . . Board of Appeals TOWN OF NORTH ANDOVER MASSACHUSETTS PLANNING BOARD APPLICATION FOR SPECIAL PERMIT NOTICE: This application must be typewritten SIB' Corporation and F-.ieal.th & SLF: 75 Park Street, North Andover,MP. Applicant:Rehabilitation Properties Address: HRPT: 400 Centre Street, Newton,.1+7A Trust 1. Application is hereby made (a) For a Special Permit under Section 4.122 , Paragraph 17 _ of the Zoning Bylaw. 2 . (a) Premises affected are land and buildings numbered 59,-61 and 75 Park and 290 OsQ_ood Streets. (b) Premises affected are property with frontage on the North South East X West side of Osgood Street, known as No. 290 Oscfood Street and 59-61 and 75 Park Street. (c) Premises affected are in Zoning District R 4 ; ' ar:.- the premises affected have an area of 2.558 acres and frontage of 306.76 feet on Park Street and 327.05 feet on ©sc*ood Street. 3 . Ownership: See Attachment 1 for full ownership information. (a) Name and Address of owner (if joint ownership, give al-1 names) : 59--61 and 75 Park: F?ealth and Rehabilitation Properties Trust, 400 Centre Street, Newton, Massachusetts 021.58. Date of purchase May 11, 1992_ _ Previous owner New Stevens Ha1.1 ji-ic. (b) If applicant is not owner, check his interest in the premises: Prospective purchaser Leasee X Other (explain) See Attachment I. 4 . Size of proposed building: N/A front: feet deep Height: stories: feet. Project involves construction of at-grade parking area and sitting/walking area to serve existing nursing home. (a) Approximate date of erection November 1, 1992. (b) Occupancy or use (of each floor) Accessory parking and outside sitting/walking sitting/walking area for existing nursing home. (c) Type of construction 5. Size of Existing Building: 168 feet front: 160 feet deep Height: 2 stories 22 feet. (a) Approximate date of erection 1972; addition in 1986. (b) occupancy or use (of each floor) Nursing home. 6. Has there been a previous application for a Special Permit from the Planning Board on these premises? No. If so, when 7. Description of purpose for which Special Permit is sought on this petition: To allow extension of existing nursing home use by construction of 1 accessory LzLrkin2 area and (2) sitting and walking area for nursing home residents. 8 . Deed recorded in the Registry of Deeds in Book 3462 Page 153 75 Park)* or Land Court Certificate No. Book Page *Book 1141, Page 29 (290 Osgood) ; Book 3462, Page 155 (59-61 Park) . 9. The principal points upon which I base may application are as follows: (must be stated in detail) . See Attachment 2. I agree to pay for advertising in newspaper and postage fee for mailing legal, notices to "Parties Int est" . (Petitioner's Signature) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication. supporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein. Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of such owner is located in another city or town, the Planning Board of the Town and the Planning Board of every abutting city or town. ` LIST OF PARTIES IN INTEREST Victor N. Baltera NAMES ADDRESS Sullivan & Worcester See attached sheets. One Post Office Square 22nd Floor Boston, Massachusetts 02109 Attorney for Petitioners SLF Corporation and Health and Rehabilitation Properties Trust Add additional sheets if necessary Any question should be directed to the Planning office . F Attachment 1 I 3 . ownership (a) The owners of the Premises are as follows: Health and Rehabilitation Properties Trust, 400 Centre Street, Newton, Massachusetts 02158, is the owner of 59-61 Park and 75 Park. Date of Purchase: May 11, 1992 . Previous owner: New Stevens Hall, Inc. for 75 Park; New Medico Holding Co. for 59-61 Park. Douglas L. Ramsden and Sheila C. Ramsden, 290 Osgood Street, North Andover, Massachusetts 01845, own 290 Osgood Street. Date of Purchase: September 30, 1969 . Previous Owner: Mildred Dillon. HRPT has an option to purchase 290 Osgood from the Ramsdens. (b) SLF Corporation, a subsidiary of the Greenery Rehabilitation Group, Inc. , manages the existing nursing home at 75 Park Street under an interim management agreement and also has an agreement with HRPT to lease the premises upon obtaining a license from the Department of Public Health. Currently the license to operate the nursing home is held by New Stevens Hall, Inc. which occupies 75 Park Street under a lease and occupancy agreement with HRPT. Ep I Attacbment 2 9 . Petitioner SLF Corporation currently manages a nursing home at 75 Park Street. The nursing home serves patients needing skilled nursing care for a variety of conditions, including but not limited to, head injury, geriatric, coma, Alzheimer's and medically demanding patients. Petitioners propose to extend the existing nursing home use onto two adjoining parcels at 290 Osgood and 59-61 Park. Specifically, they propose to: (1) construct an accessory parking lot serving the nursing home to be located primarily on the 290 Osgood parcel and (2) develop an outdoor sitting and walking area for nursing home residents to be principally located at 59-61 Park (please see Site Plan for exact location) . Once all approvals are granted, HRPT will exercise its option to acquire 290 Osgood Street and combine all three parcels into one lot. The project meets the conditions for approval as set forth in Section 10. 31 of the Zoning Bylaw as follows: A. The specific site is an appropriate location for the proposed project in that it both adjoins the existing nursing home and is also set back and screened from the immediate residential neighborhood. The accessory parking area will be located principally on the Osgood Street parcel, which is situated away from the residences on Park Street. B. The use, as developed, will not adversely affect the neighborhood: The parking area is expected to remove traffic from Park Street and will be appropriately and attractively screened and landscaped. The proposed parking area will contain sufficient spaces to adequately serve the nursing home and will not be an overpowering presence in the neighborhood. Storm water and lighting will be appropriately controlled as shown on the proposed site plan. Similarly, the sitting/walking area will be attractive and fit in with the character of the neighborhood. C. There will be no nuisance or serious hazard to vehicles or pedestrians because the parking area will be removed from Park Street and will be appropriately screened and landscaped. The project is expected to remove traffic from Park Street. The sitting/walking area will not create any nuisance or have any impact on vehicles or pedestrians. D. Adequate and appropriate facilities will be provided for the proper operation of the proposed use: The project will be properly screened, and all lighting will comply with the requirements of the Zoning Bylaw. Parking layout and design will be in compliance with the Zoning i i J -2- r � Bylaw to provide for the efficient functioning of the parking area. All necessary curb cut permits will be sought from the State Department of Highways. E. The use is in harmony with the general purpose and intent of the Bylaw: The project will serve an existing nursing home which is a grandfathered nonconforming use. The project provides amenities to a long-standing, appropriate land use and will be beneficial by lessening traffic on Park Street. y I A LIST OF PARTIES OF INTEREST 'SUBJECT PROPERTY 4 MAP PARCEL LOT NAME ADDRESS 85 1 Dou lasL. , r • 13 Health and Rehabilitation 400 Centre Street, Newton, MA 02158 _ `i MAP PARCEL LOT NAME ADDRESS 58B 37 1845 8 41 David T. McHale 21 Pleasant Annette McHale N. Andover P4A 85 'go Andrew M. James, 262 Pleasant Street DeboraE W. James N. Andover PIA 01845 85 50 Shirley. D_.�:.Rbber 01845 71 46 Carrie L. Psz b s Tho�;ias F. PszybysKZ 1 .. N. Andover MA 01845 58 26 Jeffrey J. Buxton Rosemarie Buxton N. Andover MA 01845 58 29 Rich , "!4A 1845 58 ALu)a RicnUAJ 1845 58 13 Giles M. McDonald 279 OaCQod Laurie B. McDonald N. Andover ?,AA 01845 95 Ph llis 1. Dulude An NIA 01845 95 47 R&L Family Trust 321 Osgood Street c/o Richard C. LaFond N. Andover, MA 01845 71 2P Kathleen Mohan Blain __N__Andmzer mA 01845 71 45 Charles S. & John D. Randone 530 Main St. , N. Andover MA 1845 39 Jahn J. & Delia M. Cushing 524 Main St. , N. Andover, MA 1845 71 47,48,50 Nevvfi4edico Co. Holqjnq, Inc. 150 Lincoln:Strec�,BQjtton,. 58 12 01845 58 11 John R. & Susan E. Schrier 267 Os St., N d v 01845 58 10 Jay M. & Sarah J. Mortenson 259 Os N 01845 58 9 J. Michael & Eliz-..' A:: Davis 247 Osgood Street, Fr H. & E E th Dushame N. Andover, MA 01845 +� 58 01845 85 41 David T. & Annette l 01845 85 49 1845 Planning Board of N. Andover 1 01845 V Planning Board of llaverhill. 4 SuTnier St Rm 201 Haveihil ' 01830 P anning Board of Boxford 28 Middleton Rd, Boxford, MA 01921 Planning Board of Middleton 195 N. Main St Middleton A 01949 01864 l i Pl Board of 10 Planning Board of Lawrence 200 Common St I,awren e 40 PlanniQ Board of Metbuen Hampsh i re so bi Qn, MA L844 f ` r r 'N i 1 � I ' I DIVISION OF PLANNING AND COMMUNITY DEVELOPMENT TOWN OF NORTH ANDOVER, MASSACHUSETTS PLANNING BOARD APPLICATION FOR SITE PLAN REVIEW - SPECIAL PERMIT Under Section 8. 3 of the Town of North Andover Zoning Bylaw. SLF Corporation and 1. ) Applicant/Petitioner: health and Rehabilitation Pronerties 'Trust. STD' Address: 75 Park Street, North Andover, Massachusetts. SLIa, phone: 508 685-3372 (See No. 2 for ITZPT address. ) . 2 . ) Ownership: Tlealth and Rehabilitation_ Properties 'Trust:* Address: 400 Centre Street, Newton, Massachusetts 02158. Phone: (617) 332-3990. 59-61 and 75 Park Street and 290 Osgood Street, 3 . ) Location of the project: North Andover, Massachusetts. Address: Same. Assessors Map # 85, Parcels 13 (75 Park) and 51 (290 Osgood) and Pap 71,** Deed Recorded in: Essex (North) 75 Park: Registry of Deeds Book 3462 Page 153 or Land Court Certificate No. Book Page **Parcels 47, 48, 50 (59-61 Park) ./290 Osgood: Ek. . 1141; P. 29, 59-61 ,Park- Ek. 3462,, 4 . Size of the Building See No. S. square feet P, 155 . Height Stories feet Occupancy or Use Proposed protect is parkinct area to serve existincrnursing __ home. S. Size of Existing Building 168 feet front, 160 feet deer. _ Height 2 Stories 22 feet Occupancy or Use Nursing home. Type of Construction 1B. 6. ) Classification of the Project (See Section 8 . 33 of the Zoning Bylaw) Major Intermediate X Minor Information Required for Site Plan Review Type of Development Proposed Major Intermediate Minor Type of Information Required X X X 1. North Arrow/Location Map X X X 2 . survey of the Lot/Parcel X X X 3 . Name/ Description of Project X w X _ X 4 . E a s e m e n t s / L e g a l fi Conditions X X _ X 5. Topography X X X 6. Zoning Information X _ X X 7 . Stormwater Drainage Plan X X X _ 8. Building(s) Location ' X _ X X 9. Location of Parking/ Walkways X _ X _ X _ 10. Location of Wetlands *The project will affect three lots, one of which (290 Osgood) is owned by. Douglas L. Ramsden and Sheila C. R msden of 290 Osgood Street, North Andover, telephone: (508) 688-8.435. HRP'T' holds an option to purchase the Ramsden parcel, which it will exercise if the project is approved. HRPT currently owns the other lots. a X _w X X _ 11. Location of Walls/Signs X _ X _ X 12 . Location of Roadways/ Drives X X _ X 13 . Outdoor Storage/ Display Area X X 0 _ 14 . Landscaping Plan X _ X _ 0 15. Refuse Areas X X 0 _ 16. Lighting Facilities X 0 _ 0 17 . Drainage Basin Study X 0 _ 0 18 . Traffic Impact Study X 19 . Commonwealth Review X required Information 0 Information may be requested by the Planning Board 7. ) Please supply ten (10) copies of the above information to the Town Planner with this application. 8. ) Advertising Fee Filing Fee: 9. ) Petitioners Signature: Sullivan & Worcester , One Post Office Square, Boston, MA 02109 Every application for action by the Board shall be made on a form ' approved by the Board. These forms shall be furnished by the Town Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall, be furnished by the applicant in the manner therein prescribed in accordance with the requirements of Section 8. 3 . Every application shall be submitted with a list of "Parties in Interest" which shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred (300) feet of the property line all as they appear on the most recent applicable tax list, notwithstanding that the land of -any such owner is located in another city or town, the Planning Board of the Town ` and the Planning Board of every abutting city or town. LIST OF PARTIES IN INTEREST NAME ADDRESS v Add additional sheets, if necessary. Any questions should be directed to the Planning Office. LIST OF PARTIES OF INTEREST 'SUBJECT PROPERTYJ� MAP IPARCEL LOT NAME ADDRESS 85 1 Dou 1 L 2 Sheila C. Ramqdpn 01 5 Health and Rehabilitation 400 Centre Street, Newton, MA 021,58 'E MAP PARCEL LOT NAME ADDRESS 58B 37 1.845 85 41 David T. McHaleL 21 Pl Annette McHale N. Andover MA 0.1 Andrew M. James, 262 Pleasant Street DeborahW. James N. Andover, k.7A 01845 85 50 Shirley. D.:.R�berts 01845 71 46 Carrie L. Psz b sz 5.521 Thomas F. Pszybysz 'I .^ , N. Andover NAA 01845 58 26 Jeffrey J. Buxton Roserarie Buxton N. Andover MA 01845 58 29 Richard W la'd i t `-t r Andeverr, 1845 5 & chare? ;c, 'a7 t n Ste- T I�i-. An 1845 58 13 Giles M. McDonald 279 O c d Laurie B. PcDonald N. Andover, MIA 01845 95 11 Phyllis 1. Dulude 01845 95 47 R&L Family Trust 321 Osgood Street c/o Richard C. LaFond N. Andover, MA 01845 'Kathleen bhan Blain 71 45 Charles S. & John D. Randone 530 Main St. , N. Andover M,A 1845 39 John J. & Delia M. Cushing 524 Main St. , N. Andover, MA 1845 71 47,48,50 Ne%t4edico Co. Holding, Inc. 150 M 58 12 01845 58 11 John R. & Susan E. Schrier 26 Os ood St. N. dov Mk 01-845 58 10 Jay M. & Sarah J. Mortenson 259 Os N d 01845 8 9 J. Michael & E1iz.. A�'. Davis 247 Ps good Street, Fr H. & E �z th Dushame N. Andover, MA 01845 +1 58 01845 85 41 David T. & Annette Mr-BLIle 01845 85 49 1845 Planning Board of N. Andover 120 01845 l Planning Board of Haverhill 4 Suner St R-n 201 Havethil 01830 Plain-1-ng Board of Boxford 28 Middleton Rd, Boxford, MA 01921 Planning Board of Middleton 195 N. Main St Middleton,n 01949 01864 i 1 i Planning Board of An 10 i tinning Board of Lawrence 200 COn St Lawrence 40 Planning Board of Methuen 844 c ' 6r