HomeMy WebLinkAbout2016-11-01 CCRC MODIFICATION Recorded Decision X
El,k 14 G1 73 P 39971 4Z322
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Town of North Andover
Office of the Planning Department
Community Development and Services Division 13
120 Main Street F
North Andover,Massachusetts 0t84
NOTICE OF DECISION i
CONTINUING CARE RETIREMENT CENTER(CCRC)SPECIAL PERMIT
MODIFICATION
(20)days
This is to 0"Y that twenty
Any appeal shall be filed have elapsed front date of decision,filed
within(20)days after the without fill O tot o an appeal 7
date of tiling this notice in ,;eyea A.Brads aw
the office of the Town Clerk. Town Cleric
Date: November 1,2016
Date of Hearings: September 20,2016,October 2,
2016,October 18,2016 and November 1,2016
Date of Decision: November 1,2016
Petition of: Pond Pasture,LLC
575 Osgood Street
North Andover,MA 01945
Premises Affected: Rear of 575 Osgood Street(0 Osgood Street)
North Andover,MA 01945
Assessor's Map 36 Lot 2 j
Referring to the above petition for a Special Permit from the requirements of the North Andover Zoning
Bylaw,Sections 10.3, 10.31, 11.3, 13 and MGL C.40A,Sec.9
So as to allow of a new 39,760 SF Continuing Care Retirement Center(CCRC)with forty (40)units in
the"Small Home"style. There will be an access road and parking areas associated with the facility.The
parcel is 20.29 acres in size, and the construction area (including buildings, roads, and parking) is
approximately 1.57 acres(7.7%).This project is within the R 1 Zoning District.
After a public hearing given on the above date, and upon a:notion by Lynne Rudnicki and 2nd by Peter
Boynton the Planning Board APPROVE a Continuing Care Retirement Center (CCRC) Special
Permit based upon the following conditions;
No Andover Planning Board
John Simons,Chairman
Lynne Rudnicki
David Kellogg
Lora McSherry
Peter Boynton
ATTEW,
Tc�+n Clerk
Bk 14978 Pg91 #3227
Continuing Care Retirement Center(CCRC)Special Permit Modification
Rear of 575 Osgood Street(0 Osgood Street)
November 1,2016
The Planning Board herein approves the Continuing Care Retirement Center Special Permit for the
construction of a new 39,760 SF Continuing Care Retirement Center(CCRC)with forty(40)units in the
"Small Home" style. There will be an access road and parking areas associated with, the facility. The
parcel is 20.29 acres in size, and the construction area (including buildings, roads, and parking) is
approximately 1.57 acres (7.7%). This project is within the R-1 Zoning District. The CCRC Special
Permit was requested by Pond Pasture, LLC, 575 Osgood Street, North Andover, MA 01845. This
application was fled with the Planning Board on August 18,2016. The Applicant submitted a complete
application which was noticed and reviewed in accordance with Sections 10.3, 10.31, 11.3,and 13 of the
Town of North Andover Zoning Bylaw and MGL c.40A,sec.9
The Planning Board makes the following findings regarding this Special Permit as required by the North
Andover Zoning Bylaws Sections 10.3, 10.31, 11.3, and 13 (Special Permit, PDD, and CCRC) of the
Zoning Bylaw: k
FMDI<NGS OF FACT: ¢
1) On October 5, 1989 the Applicant was issued a Continuing Care Retirement Center (CCRC)
Special Permit.
2) On October 5, 1989 the Applicant was issued a Site Plan Review Special Permit for the
construction of a 125,812 SF,three story,250 dwelling units,and 45 bed long term nursing
facility of a Continuing Care Retirement Center.The Applicant is also seeking a modification to
the original Site Plan Review Special Permit.
3) The project area is located in the Watershed Protection District and the Applicant is requesting a
Watershed Protection District Spacial Permit.
4) The specific site is an appropriate location for the proposed use as it abuts the fully developed
CCRC Edgewood site.The proposed use will expand the existing CCRC use in this
neighborhood.In addition,the Town's Zoning Bylaw was amended at Town Meeting to allow for
such a use in this zoning district.
5) Section 13 of the Zoning Bylaw establishes a maximum number of 300 residential units in a }
Continuing Care Retirement Center. The proposed project calls for the construction of 40 units to
be located in one building. These 40 units when added to the 241 existing units total 281 units
which is below the maximum allowed. The number of units does not detract from the livability
and aesthetic qualities of the environment and which will provide for a mixture and diversity of
housing.
6) Per Section 13.5.e of the North Andover Bylaw the Applicant is required to have at least 506/0 of
Common Open Space. The Applicant has proposed approximately 75A% of the panel (15.3
acres) to be reserved for Common Open Space and the Applicant will place a Conservation
Restriction on said 15.3 acres.
7) The use as developed will not adversely affect the neighborhood as a sufficient natural buffering
j has been provided. The final landscape design, site design layout, and architectural elevations
reflect extensive discussions between the PIanning Board and Applicant to minimize the visual
impact and preserve the natural vistas.
8) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot
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Bk 14978 Pg92 #3227
Continuing Care Retirement Center(CCRC)Special Permit Modification
Rear of 575 Osgood Stred(0 Osgood Street)
November 1,2016
provides for adequate internal and external traffic flow, safety, and sufficient pedestrian
connections throughout the project and surrounding area. The project as proposed will have a
negligible impact on external traffic volume and will not significantly degrade the level of service
on Osgood Street or the roadway network.
9) The architectural style and design of the CCRC shall be of colonial design consistent with the
style and design of the nearby cottages and Edgewood Farm buildings.
10)The stormwater management plan has been reviewed by the Town's outside stormwater peer
review consulting engineer,Eggleston Environmental.
i. Runoff from the impervious areas of the development will be directed through a closed
drainage system to two subsurface infiltration galleys with overflow discharge toward the
wetland and Iake. The Applicant has altered the original drainage design to provide
improvements to the existing Aormwater drainage system. These include revised runoff
rates and recharge requirements based on HSG B Soils and adjusting proposed infiltration
areas due to seasonal high groundwater elevations. (See email correspondence from L.
Eggleston,Eggleston Environmental,dated October 31,2016).
11)The project promotes an efficient use of land while protecting natural resources,such as water
resources,wetlands,wildlife,and natural vistas on the property.A portion of the property is
subject to a permanent Conservation Restriction of the type described in MGL Chapter 184,
Section 31,(including future amendments thereto and corresponding provisions in future laws).
The Conservation Restriction will be placed on 15.3 acres of the property.
12)The Plan reflects extensive discussion with TEC, the Town's civil peter review consultant. All
concerns were satisfactorily addressed. (See memo dated October 25,2016).
13)The project will provide for municipal water,sewer and utilities on the property to adequately
address the needs of the project and has been determined acceptable by the Department of Public
Works.(See email correspondence dated October 25,2016).
14)The North Andover Fire Department Chief,WiUiam McCarthy,and Lieutenant Robert Bonenfant
reviewed the Plans and determined that the final design addresses all of the concerns the Fire
Department had over access to the Project for firefighting and rescue operations. (See memo
dated October 11,2016 and email slated October 26,2016).
15)The wetland delineation shown on the plans has been confirmed under an Order of Resource Area
Delineation under DEP File#242-1686.
16)Prior access and parking for Half Mile Hill was part of an approved Order of Conditions issued
under DEP File#242-1398, Three designated parking spaces have been relocated.
17)The new trail connection(from Half Mile Hill property to Edgewood"Small Home"property)
will require some work on the Half Mile Hill property to connect the two trails.
18)Jennifer Hughes, Conservation Administrator, has reviewed the proposed project and has
indicated that the North Andover Conservation Commission(NACC)should approve the revised
parking area for Half Mile Hill and the necessary work for the trail connection(from Half Mile
Hill property to Edgewood "Small Home" property). (See J. Hughes memo dated October 18,
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Bk 14978 Pg93 #3227
Continuing Care Retirement Center(CCRC)Special Permit Modification
Rear of 575 Osgood Street(0 Osgood Street)
November 1,2016
2014
19)Adequate and appropriate facilities will be provided for the proper operation of the proposed use,
and the use is in harmony with the general purpose and intent of this Zoning Bylaw.
Finally the planning Board finds that this project generally complies with the requirements of the Town
of North Andover Zoning Bylaw, but requires conditions in order to be fully in compliance. The
Planning Board hereby votes to grant the Special Permit as described in the"Plans"and other supporting
information described in the public record,provided the following conditions are met:
PEPWr DEFINITIONS
20)The "Locus" or"Site" refers to the 20.29 acre at the rear of 575 Osgood Street as shown on
Assessors Map 36,Parcel 2,and also known as 0 Osgood Street,North Andover,Massachusetts.
21)The"Plans" refer to the plans prepared by SMRT Architects and Engineers, One Dundee Park,
Suite 4 Andover, MA 01910, entitled"Pond Pasture LLC& Edgewood Retirement Community
Small Home Project Pond Pasture Lane at the rear of 575 Osgood Street(0 Osgood Street)North
Andover,MA 0184511, dated August 19, 2016, and revised on February 8,2016, September 30,
2016 and October 25,2016� 'Zp1 � J®.,u. Ll�,V 1-7
22) The"Project"refers to the construction of a new 38,760 SF Continuing Care Retirement Center
(CCRC) with forty (40) units in the "Small Home" style. There will be an access road and
parking areas associated with the facility.The parcel is 20.29 acres in size, and the construction
area(including buildings,roads, and parking)is approximately 1.57 acres(7.7%). This project is
within the R-1 Zoning District.
23)The"Applicant"refers to Pond Pasture,LLC,575 Osgood Street,North Andover,MA 01845,the
applicant for the Special Permit,its successors and assigns.
24)The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can'include but is not limited to the applicant,developer,and owner.
SPECIAL CONDITIONS
25 The Applicant shall,upon the later to occur of a)thir
ty(30)days after the expiration date of the
twenty(20)Day Appeal Period of this Decision,or(b)within thirty(30)days of the expiration
date of the twenty(20)Day Appeal Period for the approved Variance from the Town of North
Andover Zoning Hoard of Appeals to construct a new structure in the Non-Disturbance Zone and
within the Non-Discharge Zone summit to the Planning Board for its approval an appropriate
Form A Application for approval of an Approval Not Required Plan(ANR Plan)along with an
ANK Plan which shall include one lot,thus combining lots specified on Assessor's Map as 36,
lots 2 and 3.No construction activities authorized by this Decision shall be commenced until the
Applicant has recorded an approved ANR plats for said lots.
The Applicant shall consolidate the two parcels(Map 36 Lot 2 and Lot 3)in order to
achieve the required Zoning Bylaw Section 13.5 Standards and Restrictions for a !
Continuing Care Retirement Center(CCRC).
26)No construction activities authorized by this Decision shall be commenced until the Applicant has
received a Variance from the Town of North Andover Zoning Board of Appeals and the 20 Day
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Bk 14978 Pg94 #3227
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Continuing Gars Retirement Center(CCRC)Special Permit Modification
Rear of$75 Osgood Sheet(0 Osgood Street)
November 1,2016
Appeal Period has ended,as required by the Town of North Andover's Zoning Bylaw Section
4.136.c.ii.3 and 4.136.c.iii.3,to construct a new structure in the Non-Disturbance Zone and within
the Non-Discharge Zone. A recorded copy of the approved Decision shall be provided to the
Planning Departmen t.
27)Drafts of the"Easement partial Termination and Relocation Agreement"document and
Conservation Restriction document required as part of this decision must be submitted to the
Planning Department and Town Counsel for review and approval. This easement will contain
language for the right to pass and re-pass over the existing trails on Lot 3 that are subject to the
Conservation Restriction on Lot 3.Additionally,an irrevocable license agreement will be made
between the Town and the Applicant that shall provide that the Applicant shall make five(5)
public parking spaces on the Applicant's property available for public access to Half Mile Hill.
The license agreement shall provide that if the Applicant moves to revoke the license the
Applicant shall comply with the requirements of the Order of Conditions issued under DEP#
242-1398 Section 86 dt 87 and provide the parking spaces within the easement.
28)Throughout all lands,tree cutting shall be kept to a minimum in order to minimize erosion and
preserve the natural features of the Site.
29)The Applicant shall record a Conservation Restriction,as defined in and authorized by Sections
31-33 of Chapter 184 of MGL and otherwise by law,on the property,approximately 15.3 acres as
shown on a Conceptual Plan of Land by SMRT dated December 2015,and identified as"Lot B,
Not Buildable, 15.3 acres"on said plan,located in the Town of North Andover,Massachusetts,
with.the Registry of Deeds for the benefit of the Town for the purpose of assuring that the
Common Open Space will be retained in perpetuity predominantly in its natural,scenic,and open
condition and to prevent any use of the open space that will impair or interfere with the
conservation values of the land.
30) All special permits granted under section 4.136,8.3, 10.3, 10.31, 11.3,and 13(Special Permit, i
PDD,CCRC)for this Site and 575 Osgood Street,Map 36 Lot 3 shall also be considered as part
of this Decision.
PRIOR TO ISSUANCE OF A BUILDING PERM.[T
31)Three(3)copies of the signed,recorded decision and the recorded plans must be delivered to the
Planning Department.
32)In consultation with the Town Planner,the Applicant shall designate an independent construction
monitor.The monitor shall read,sign,and return to the Town Planner the Letter of Agreement for
Iadependent Monitors. The monitor shall make weekly inspections of the project, provide
monthly reports to the Planning Department, and detail any areas of non-compliance and
corrective actions. The monitor will also provide reports following heavy rain events. The
monitor must also be available upon notice to inspect the Site accompanying a Planning
Department designated official.
33)A detailed construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the Site.
34)The "Easement Partial Termination and Relocations Agreement" and the license agreement
allowing for the public parking on the Applicant's property in connection with the public's use of
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Continuing Care Retirement Center(CCRC)Special Permit Modification s
Rear of 575 Osgood Street(4 Osgood Street)
November 1,2016
Half Mile Hill must be accepted by the Board of Selectmen and, if applicable, recorded with the
Registry of Deeds. The Applicant shall provide the Planning Department with two copies of the
recorded documents,
35)All stormwater management best practices shall be maintained as specified in the Stormwater
Operations and Maintenance Plan that was submitted with the appUcation.
36)All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
37)A pee-construction meeting merit be held with the developer, their construction employees,
Planning Department and other applicable departments,to discuss scheduling of inspections to be
conducted on the project and the construction schedule.
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DURING CONSTRUCTION
38) Dust mitigation must be performed weekly,or more frequently as directed by the Town Planner,
throughout the construction process.
39)Any stockpiling of materials(dirt,wood,construction material,etc.)must be shown on a plan and
reviewed and approved by the Planning Staff. Any approved piles must remain covered at all
times and fenced off to minimize any dust problems that may occur with adjacent properties,
40)it shall be the responsibility of the developer to assure that no erosion from the construction Site
shall occur which will cause deposition of soil or sediment upon adjacent properties or public
ways,except as normally ancillary to off-site construction.Off-site erosion will be a basis for the
Planning Board making a finding that the project is not in compliance with the plan; provided,
however,flat the Planning Board shall give the developer written notice of any such finding and
three days to cure said condition.
PRIOR TO A CERTIFICATE OF OCCUPANCY
41)The Applicant must submit a letter from the architect and engineer of the project stating that the
building,landscapin&Lighting and Site layout substantially comply with the plans referenced at the
and of this decision as endorsed by the Planning Board and that the stormwater management
structures are functioning as designed. Alternatively,the Applicant and/or property owner may
provide a bond,determined by the Planning Board,to cover the full amount of the landscaping
materials and installation if weather conditions do not permit the completion of the landscaping prior
to the use of the building.The Applicant must also submit a letter from a professional engineer
certifying that there are no illicit connections to the storm drainage system.
42)All stormwater structures shall be cleaned, in accordance with the approved Stormwater
Operation&Maintenance Plan.
43)Ail signage shall conform to the signage regulations contained within the North Andover Zoning
Bylaw,Section 6.
PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
44)The Planning Staff shall review the Site. Any screening and landscaping as may be reasonably
required by the Planning Staff will be added at the Project Owner's expense.
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Bk 14978 Pg96 #3227
Continuing Care Retirement Center(CCKQ Special Permit Modification {
Rear of 575 Osgood Street(0 Osgood Street) 1f
November 1,2016
45) A copy of the recorded Conservation Restriction shall be submitted to the Planning Department_
46)A final as-built plan showing final topography,the location of all on-site utilities,structures,curb
cuts,parking spaces,roadway/access way construction,drainage structures,and facilities must be
submitted to the Planning Department,The Applicant must submit a letter from the architect and
engineer of the project stating said items substantially comply with the plans referenced at the end
of this decision as endorsed by the Planning Board.
47)The parking spaces for access to the trail system and signage indicating which parking spaces are
to be utilized for the general public must be constructed as shown on the plans referenced at the
end of this section.
GENERAL CONDITIONS
48)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
49)Gas,Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
50)The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m.Monday through
Friday and between 8:00 a.m.and 5:00 p.m.on Saturday.
51)No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
52)The owner shall apply to the Board of Health for the appropriate dumpster permit.
53)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.
54)Any action by a Town Board,Commission,or Department,which requires changes in the plan or
design of the building,as presented to the Planning Board,may be subject to modification by the
Planning Board.
55)Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial,the developer must submit revised plans to the Planning Board for approval.
56)Pursuant to the.North Andover Zoning Bylaw Section 10.31.3 this Special Permit approval shall
be deemed to have lapsed after November 1,2018(two years from the date permit granted)
exclusive of any time required to pursue or await determination of any appeals of this decision,
unless substantial use or construction has commenced within that three year period or unless the
Planning Board grants to the Applicant an extension of the original two-year time period.
Substantial use or construction will be determined by a majority vote of the Planning Board.
57)The following information shall be deemed part of the decision:
Plan titled: "Pond Pasture LLC&Edgewood Retirement Community Small Home Project
Pond Pasture Lane at the rear of 575 Osgood Street(0 Osgood Street)North
Andover,MA 01845"
Prepared for: Pond Pasture,LLC
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Bk 14978 Pg97 #3227
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Continuing Care Retiremem Center(CCRQ Special Permit Modification '
Rear of 575 Osgood Street(0 Osgood Street)
November 1,20I6
575 Osgood Street
North Andover,MA 01845
Prepared by: SMRT Architects and Engineers
One Dundee Park,Suite 4
Andover,MA 01810
Scale: 1"=160'
Date: Dated August 19, 2016, revised on 1"ebruaq 8, 2016, September 30, 2016 6
and October 25,2016. DX. Z014
� f , JLcrt. Z3 2_cz-7(�
Stortnwater NUmagement Report
Prepared for: Edgewood Retirement Commua4 Small Home Project
Dated: August 17,2016,revised September 30,2016,October 17,2016 and October 25,2016.
cc:
Applicant
Abutters
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