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NEW STEVENS HALL
'; . i vcd by Town Clcrk: " RECEIVED DANIEL LONG f TOWN CLERK NORT4 ANNOYER TOWN OF NORTH ANDOVER, 6AC�CF�['f$� BOARD OF APP tN+nn APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Apel icant_VE.l�_. J6VEh1,S-HALL.�_1AICA�dr. Address 75_Park St . . "No . AntZ2yer • MA 01845 ,l,. Application is hereby made: ,tea) For a variance from the requirements of Section Paragraph and Tabl.c of the Zoninq By Lags . - I '—_ 4 . 122 ,. the Zoning eb) For a Special Permit under Section_L__Paragraph_-i] of By Laws. Table -,2 . , c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. , 2, a ) Premises affected are land--Z-and building (s ) 1 -numbered Street . b) Premises affected are property with frontage on the North ( X) South ( ) East ( ) West ( } side of i Street and known as No._7,5_J'ar.'v�,_-- --_-_- �------ Street . C) Premises affected are in Zoning District R4_, and the premises affected have an area of-----square feet and frontage of 221 . 76 _feet - 20 , 248 sq . ft . bldg . 46 , 333 sq.ft . land 3. Ownership' • a) Name and address of owner ( if joint ownership, give all names ) : ' New Stevens Hall , Inc . X50 Lincoln St_.,...13oston, .•MA- -92114-_.__--_ _ ------ tevens Hall Long-Team Care Fac . , Date of Purchase 3 Previous Owner W � MarePrjson, `1 ?11�___--- Sole General Partner h b) If applicant is not owner , check his/her interest in the premises: _Prospective Purchaser 4__Lesee _-Other (explain) en.clppsure front ; t, feet deep; 4"4 Size of proposed Idvt7cc= 23 x_3__1.0__ Height-- l----stories; $ '___feet . a) Approximate date of erection:_611186-_- b) occupancy or use of c ) Type ofonstr. �ction:_Type._1B____________� 5. Size of existing building:_ 168...feet front;`1dQ...feet deep; Height 21 _stories;_42 ' _4"£eet . a ) Approximate date of erection:__May.,_12ZZ._—____ b) occupancy or use of each floor: Nura,iag_Hama--- e ) Type of construction:__ TyPq-11i_.._•___ _s_-_ ___ b. lias there been a previous appeal , under zoning , on these premises? ,N4_--- If so, when?`------ scription of relief sought on this petition Special permit under § 4 . 122 -$ -17 Table 2 8. Deed recorded in the Registry of Deeds in Book ] Land --- Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: `Y (must be stated in detail ) he_new�enclosure to the existing building will not affect the set hack_r�s4nirem�;n.t.s.,_.List_�tLi.zTakz.ter�c�.�hhe., ----------- I - --------I agree to pay the filing fee, advertising in newspaper , and incidental expenses* NNew S evens^ ali In�_ Y -khpGoldshine, President Signature of PetlttoneresT 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 purporting to be an application shall be treated as mere notice of intention to seek relic[ untiL such time as it is made on the official application form. A1.1 information ca.lLed for by the form shall be furnished by the applicant in the manner therein prescribed . Every application shall be submitted with a list of "Parties In Interest" which list 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 feet (300 ' ) of the property line of the l petitioner 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 city or town,. and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25. 00. In addition, the petitioner shall be responsible for any and all costs .-involved in bringing the petition before the Board . Such costs 'shall .include mailing and publication, but arc not necessarily t' limitbd to these. Every application shall be submitted with a plan of land approved by the Board: +io petition will be brougot before the Boarrl unless said plan has been suki.tted. Copies of t1-tc Board ' s requirements rcgar.ding plans are attached hereto or are available from the Board of. Appeals upon request: LIST OF PARTIES IN INTEREST Namc Address 1 . Mr. &•. Mrs . Douglas Ramsden 290 Osgood St . , No . Andover 2 . Mr. & Mrs . David McHall 251 Pleasant St . , No . Andover 3. Mr . & Mrs . Andrew James 262 Pleasant St . , No . Andover 4 . Cha�11-es Randone 530 Main St . , No. Andover 5 . Mr. & Mrs. Mark Catalogna 5S Park St . , No. Andover 6. Mr. & Mrs. .Joppeh Uniejewski 47 Park St . , No. Andover 7 . Mas, ' John J. C.ushing 524 Main St . , No. Andover 8. Mr . .& Mrs .' Andrew Moynihan , 7 Court St '. , No. Andover 9 . Mr. • & Mrs'. 'Richard Letarte 15A Court St . , No. Andover 10 . Mr. & Airs . Giles MacDonald 279 Osgood St . , No. Andover 11 . Mr. & Mrs. Richard LaFond 321 Osgood St . , No. Andover 12 . Town. of No . Andover 120 Main St . , No . Andover Police 'Station - Prec . ?) 13. New Medico Associates , Inc. 150 Lincoln St . , Boston (house located at 59-61 Park St . , N4 . Andover) 14 . New Stevens Hall , Inc 150 Lincoln St . , Boston (use` additionaL sheets if necessary ) t 4 e8ti;e� DANIEL LONG F; AMID TOWN ^LrRK �•, iaaa. , NORTH ANDOVER M 20 10 24AN '86 TOWN OF NORTH ANDOVER AnY a?. ,.,ai sh}dll MASSACHUSETTS within (''o �f}^ ye BOARD OF APPEALS date of 'IA the Town in the Offyce 01 Clerk. NOTICE OF DECISION. New Stevens Hall, Inc. Date . May .19.R , 11K . .. . . . . . 75 Park St. N. Andover, MA 01845 Petition No.. 3:7 . . . . . . . . . . . Date of Hearing. akY . 3, : A9 8A ., Petition Of . . . New Stevens. .Hall,. Inc. . . . . . . Premises affected . . . . . . .75 Park St. . . . . . . . . Referring to the above petition fora S e ci f 1 Permit �the requirements of ,under .$ection 4.122 Paragraph- .17. . .and. T.ab le . 2-of .the . 2:on,ing. .Byhaws .. . . . . . . . . . . . . . . . . . . . . . . . so as to permit new .enclosure. :to. the. .ex;istj,ng. .btuildi,zxg... . . . . . . . . . . . .. . . . . . . .!. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . After a public hearing given on the above date,the Board of Appeals voted toGRANT. . . . . : the variance as . requested and hereby authorize the Building Inspector to issue a permittaenc.jose. .s.aid. :$u�,ldinJ. .aea. . . . . . . . . . . . . . . . . . . Signed Frank Serlo, ar. Chairman Alfred Frizelle, Esq.;, Vice-chairman Augustine Nickerson, Clerk William Sullivan Waiter Soule . . . . . . . . . . . . . . . . Bawd of Appeak Of NOIO7N 7,f, REt.I=�t1 4 DANIEL. LONG s TOWN ,.LEAK NORTH 4NDOYER MAY 20 10 24 [A '86 Any aPPeal Shad h� �IIPd TOWN OF NORTH ANDOVER Within (20) C!�\1s MASSACHUSETTS date Of fia ng 1 in the Office of, the Town - BOARD OF APPEALS Clerk. May 19 , 1986 Mr. Daniel Long, Town Clerk New Stevens Hall, Inc Town Office Building 75 Park Street North Andover, MA 01845 Petition: #83-86 Dear Mr. Long: The Board of Appeals held a public hearing on May 3, 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 SullivLtn 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 23' front, 53110" deep, one story 8' for use as offices on the premises located at 75 Park Street. Sincerely, rank Setio, Jr. t1, Chaman Board of Appeals /awt R Ec C' L DANIFIL Any s"all be fi'--d 6.4 AMILM T TO 1886 NORT11 01 UIS � "C a Jce Hu, DEC 15 1125 AM '3Z in the Office of, the Town TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Petition No.. . . . Q24-.92. . . . . . . . . . . June 9, 1992 Date of Heaft. .August. .LLI .1992. October 13, 1992 Petition of . . .Nqv. Stevens.lia3a, jDc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . December 8, 1992 . . . . . . . . . . . . . . . . . . Promises affected . . . .75. Park. S.treet. . . . . . . . . . . . ! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as a Party Aggrieved Referdng to the above petition 11121mi-I WM., for. a, -review. .Qf a.deci-sion.made .by.the. Building. Inspector._.which. determined• •that-the. existing use requires. a, Special.. Bermit.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . . . . . . . . . . . . ALLOW THE PETITIONER TO WITHDRAW WITHOUT PREJUDICE. . . . . . . . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed William Sullivan, Vice-chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reymond Vivenzio . . . . . . . . . . . . . . . . . . . . . . Louis Rissin - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . John Pallone . . . . . . . . . . . . . . . . . . .I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of Appeals REC�..L.a BAS,rL + 'NiG P,ny �4C? i '-',I be Wed '1ORTH 1TIOW d aCf1.I'E�-(KCp rv� -n �0`R. eo 6,O NjDR 4 H A-630tLid ;_'_r the O � t �:e of �i .:� is Fdotice _ p Dec 15 1125 �M ira the Office of the Town ��SSACHUSEt�y Cc6k. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALP New Stevens Hall, Inc. * petition #024-92 75 Park Street North Andover, MA 01845 * DECISION * I The Board of Appeals held a public hearing on Tuesday evening, June 9, 1992 continued to August 11, October 13 and December 8, 1992 upon the application of New Stevens Hall as a party aggrieved for a review of a decision made by the Building Inspector which determined that the existing use requires a Special Permit on premises located' at 75 Park Street. The following members were present and voting: William Sullivan, Raymond Vivenzio, Louis Rissin and John 'Pallone. The hearing was advertised in the North Andover Citizen on May 27 and June 3, 1992 and all abutters were notified by regular mail. The petitioner stated this matter has peen resolved as a result of recently completed Special Permit', proceedings before the Planning Board. Upon a motion made by Mr. Vivenzio and 'seconded by John Pallone, the Board voted, unanimously, to allow the petitioner to WITHDRAW WITHOUT PREJUDICE. Dated this 15th day of December 1992. BOARD OF APPEALS fwilliam Sullivan etl Vice-chairman TOWN OF NORTH ANDOVER TG`rY.` r',;S MASSACHUSETTS A/ t NOFTM E.P LJ 2 Z FF V? :O`i,.m y140 3 �c Any appeal shall be filed A within (20) days after the yY �S t s c date of filing of this Notice ACNUS in the Office of the Town Clerk. NOTICE OF DECISION Date, September 29, 1992 . . August 18, 1992 Date of Hearing , September, .,. 1992 September 15, 1992 Petition of „STR.Corooration.&.Health and Rehabilitation ProDerties ,Trust . . . . .. . . . . . . . .. Premises affected „75.Park.Street� .59>61 .Park.Street; .290.Osgood,Street, , , , . Referring to the above petition for a special permit from the requirements of the . .North Andover.Zoning.Bylaw.- .Section.8.3 . .-.Site .Plan Review. . . . . , .. . . . . . . so as to permit/,review thepr000sed,oarking.area.to,serve,existing.nursing.home. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . .. .. . . . . .. . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVES. . . . . . . .the . . . .*ITE.$W.UVJ�V. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . cc: Director of Public Works based upon the following conditions: Building Inspector Health Agent/Administrator Conservation Administrator Assessors Signed Police lice CChief Fire Chief Applicant Engineer .J.RI1i1.hKaReLr . .. . . . .. . . . . . . . . . . . . File Interested Parties .R�.ahard Haxda�.la . . . . . . . . .. . .. . . .$j chaxd AcLKeA . . . . . . . . . . . . .. . . .. .. . . . . . .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 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 it s MUM HIH TOWN OF NORTH ANDOVER MASSACHUSETTS fLY s [ NCRT,t SEP LJ G 52 i P '92 � A 9 Any appeal 7h,. 11 '�n z0ori 1 4 � N within (20) c.r cNos�� date of filing of in the Ofi0e of i h t, Jm l NOTICE OF DECISION Clerk. Date. ,E ep ember 29,1992 August •18, .19�2 Date of Hearing . . . SSeptember 1, 1992 peptember T57,7092 Petition of ,SLF.Corporation•&•Health.and.Rehabilitation.Pro�erties ,Trust.. _ . Premises affected •. . . nark.Street, 59-61.Park.Street, 290 Osgood Street• . . . . . . . . . . . . . . . . . .. . . .. . . . .. . . . . . . . . . . Referring to the above petition for a special permit from the requirements of the , , ,North Andover Zonin4.Bylaw.-.Section.4.122; Paragraph.17. . . . . . . .. . .. .. . . . . . . . . .. . . . . . . . . . . . . . . . so as to permit . . the.expapd,- n.existin •use. . • • . . • • •. • • • . . • • . . • . . . • , . • . •• • • • . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . .. . . . .. . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . After a public hearing given on the above date, the Planning Board voted CONDITIONALLY to APPROVE . . . . SPECIAL.PERMIT . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . cc: Director of Public Works based upon the following conditions: building Inspector Health Agent/Administrator Conservation Administrator Assessors Signe Police Chief JoseR..Mahoney .� fire Chief • • • • • .. . .. . • . . Applicant John Draper Engineer . . . . . . . . . . . . . . . . . . . . File Interested Parties ,Richard Nardella„ • • . . . . . . • •. . • Rjrcl?3 �.R4��C�. .. . . . . . . . . . . . . . . . . . .planning "B oard. .. . . . . . SLF CORPORATION 75 PARK STREET NORTH ANDOVER, NA 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 the construction of the accessory parking and outside sitting/walking area complies with the Bylaw requirements but rewires the additional conditions to complete full compliance. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions; SPXCIAL CONDITIONS: 1. This decision shall be filed with the North Essex Registry of Deeds and recorded copy sent to the Planning Office. 2. The Special Permit is issued for a 122 bed skilled nursing care facility (Level II) as governed by Massachusetts General Laws Chapter 111, 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 non-medical 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 Received by Town Clerk : RECFIVEr) FORM A DANIEL L; NG TOWN CI Ez�K APPLICATION FOR ENDORSEMENT OF PLAN NORTH A -_Ep R BELIEVED NOT TO REQUIRE APPROVAL DEC ; 3 36 PM December 11 , 19 92 To the Planti ino Board of the Town of North Andover : The undersigned wishes to record the accompanying plan and requests a determination by said Board that approval by it under the Subdivision Control Law is not required . The undersigned believes that such approva Ili is not required for the following reasons : 1 . The division of land shown on the accompanying plan is not a sub- division because every . lot shown thereon has the amount of frontage required by the North Andover Zoning By Law and is on a public way , namely , or a private way , namely , , being land bounded as follows : 1. r 2 . The division of land shown on the accompanying plan is not a sub- division for the following reasons : The plan has been prepared for the purpose of combining three parcels into one lot having common ownership . 3. Title reference North Essex Deeds , Book Page or Certificate of Title No . Registration Book ; Page Applicar s S ' not e: Owner s signature and address if not i - the applicant : Do J . Buckl T (Print Name) Appli'cant ' s Address : Health & Rehabilitation Properties tt tt Trust e�ten,ntMA , S02ytt Tel. No. (617) 244-4744 -.f Received by Town Clerk : Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan : I . The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law , . and the appropriate endorsement has been made upon the same . 2 . The Horth Andover Planning Board has determined that said plan shows a subdivision , as defined by G . L . c . 41 , s . 81-L , and must therefore be re-submitted to it for approval under the . m4 Subdivision Control Law . + lay Very truly yours, NORTH ANDOVEP PLANNING BOARC By . Date . rk 4 3 A!ra 7 r K DEC 3 ? Rickard f.Kaminski&Associates,Inc. 360 Mernmark Suoet Lawrence.MA 01843 ;e, 08i687-,ass December 11 , 1992 Fax 508/688-6080 Town Clerk Town of North Andover 120 Main Street North Andover. MA 01845 RE: Form "A" and Plan Not Requiring Approval Dear Sir/Madam: i In accordance with M.G. L. Chapter 41 , Section 81 T. please be advised that this office has this date filed a Form A application and plan with the North Andover Planning Board for review and endorsement under M.G. L. Chapter 41 Section 81 P "approval under the subdivision control law not required" . The Foram A application is dated December 11 , 1992 and the plan is entitled "Plan of Land" prepared for Greenery Extended Care Center located in North Andover, MA, dated December 11 . 1992 by Richard F. Kaminski & Associates. Inc. A copy of the Form A application is enclosed herewith for your file. Very truly yours. RIC RD F. SKI & ASSOCIATES, INC. erald P. Foley GPF/lh gpf7033 Enclosure cc: Victor Baltera Donald Buckley Architecture Engmee,,ng Sur✓eying Land P/ammng HR Health & Rehabilitation 6 Joelle Drive Tobacco Road Portland, Connecticut 06480 P 0 Box 150 rjL Properties Trust (203) 342-3824 Eaton, New Hampshire 03832 Rlecopier No. (203) 342-2107 (603)447-1940 400 Centre Street Newton, Massachusetts 02158 Reply To: Newton, MA (617) 332.3990 TElecopier No. (617) 332-2261 December 11, 1992 HAND DELIVERED Town of North Andover Planning Board 120 Majin Street North Andover, MA 4. Dear Mr. Purna, This letter authorizes Donald J. Buckley, to sign as agent for Health Rehabilitation and Property Trust. The Form A of the ANR Submission, this date December 11, 1992. Sincerely, r� i Gerard M. Martin GMM:jmn ii 'y 1� .+i A Maryland Real Estate Trust with transferrable shares of beneficial interest listed on the Nem York Stock Exchange.No shareholder, Trustee or officer is personally liable for any act or obligation by the Trust- KAREN H.P.NELSON � s Town of 120 Main Street, 01845 Director ; . � NORTH ANDOVER (508) 682-6483 BUILDING CONSERVATION DIMION 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 SFL 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 5, 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 Nardela 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 Plan Review is for the proposed parking area to serve the existing nursing home. The premises affected are located at 75 Park Street and 290 Osgood Street in a Residential-4 (R4) Zoning District. The Greenery',' Page 2: John Simons 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 Committee. 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 the current operations of the nursing home. The applicant is before the'Zoning Board of Appeals, appealing the Building Inspectors decision. John Simons read the second legal notice on expanding 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: I Site Plan Review 2. Special Permit for a nursing home in the R4 District and it appropriate for that area. Robert Ntc,:tta,Building Inspector,stated that his decision on the non-conforinity was based on three reasons: I. Change in the level of care, requiring more staff, requiring more parking. 2. Traffic 3. Security The applicant has been addressing all those issues and the Building Inspector asked that the Board consider granting them 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 some of the issues: I drainaUe - to be addressed by engineer. �. 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 plantings to be used. 5. sitting area to be accessed from the building, not the street. Jerry Foley, Kaminski Associates, engineer for the project, spoke to the Board on the drainage. Drainage calculations will be given to Bill 11nmrciak, D.P.W. for review. Arthur Detora,246 Pleasant Street,stated that he was opposed to the parking lot. John Simons asked what his main.concern was. Mr. Detora stated that it was long Term. What the applicant will be doing in years to come. Mr. Detora stated that the proposed is not in the best interest to the neighborhood. The Greenery Page 4: Andrew James,262 Pleasant Street,expressed his concerns with the nursing home being appropriate use for the neighborhood with its current level of care. Sarah 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 Kitteridge School. She further stated that in the winter time it was especially hard to make the hili going toward the school. "There is stop sign at the intersection of Osgood Street and Main Street and a kit of times cars have to hawk unto ha 6}eta- taxtion g�-� k k. David Mel•lale, 2S1 Pleasant Street, expressed concerns with the noise created by the traffic. He also expressed concerns with rodents on his property and the possible cause is the storage of open garbage. Robert Nicetta 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 in the R4 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 enclosing the existing parking under the building and 'expanding the facility. Bob Hines, 59 Park Street, expressed his concerns with a building on the adjoining parcel being used as anadditional facility for patients. He also expressed concerns with lighting from the parking lot and the screaming that come from the facility by the patients. One of the abutters expressed concerns with the drainage in the area. Joseph Mahoney stated that lie was very aware of the drainage problems. George Perna stated that he would like to have a site visit and would like to spend some time visiting the facility. The Traffic Safety Officer will be asked to comment on the traffic issues. George Perna asked Christian Huntress when the next Technical Review Committee was as he wanted to attend 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 Greenery Page 5: Richard. Rowen asked if the use factor was the basis forP ossible conformance. The answer was no. Robert Nicetta stated that it. was an allowed use by the Commonwealth of Massachusetts. There was no expansion on the number of beds. Jay Mortensen, 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 lives in the area and gave. the Board an account of how hard it is to get onto Osgood Street from one of the side streets. George Perna wanted more input from the various department on the safety issues. He asked that down 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, 1992. The motion was seconded by John Simons and voted unanimously by those present. On September 1, 1992 the Planning Board helda regular meeting. The following members were present: George Perna, Chairman, .John Simons, Clerk, John Draper, Joseph Mahoney and Richard Rowen. 'Richard Nardella was absent. Christian Huntress updated the Board on the application before them. He was asked by the Board to meet with the Technical Review Committee. A written response was received from the Fire Department. D.P.W. will be reviewing drainage on Park Street. There was no written response from the Police Department to date, but a response is expected. John Simons read a letter from the Fire Department which is in the file for inspection. George Perna stated that there were other issues that were brought up at the last meeting. One of them was access to and from the property. Karen Nelson, Director of Planning&Community Development stated that the 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 sidewalk on Osgood Street. Lighting will be addressed. Locations of the existing homes in the area was requested. The D.P.W. will review the aspects of the 100 year storm event. A mento was read from the safety officer by Karen Nelson. No response was formally received by the Planning Board from the Police Department. . I The Greenery Page 6: 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 locatedon Park Street to the new parking area in the back. He did not want several areas used for parking, only one designated area. John Simons asked that 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 he was not pleased with the present lighting on the site. On the issue of the location ofthe 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 the figures and are reviewing the calculations. George 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 up was additional screening. The applicant will use arborvitaes. A bond will be set up to ensuring that any tree that dies will be replaced. John Simons read from the Zoning Bylaw, Section 10.3, 10.31.1 & 10.31.2 on Special Permits and the Special Permit Granting Authority. George Perna stated that the Special'Permit Granting Authority in this case was the Planning Board and that the Board shall not approve any such application for a Special Permit unless it finds that in its judgement that all of the conditions are met. If the Board finds that it is an appropriate use, they can 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 see the 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 Simons 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 determinedby 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 Medica 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 By-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 Home/Convalescent Homes. Robert N icetta,Building.Inspector stated that he has been working on this project with Karen Nelson, Director of Planning&Community 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, 1972. The facility was already built. The permit was issued the same day the State inspected the facility. The Greenery' Page 8: George Perna stated that the issue being addressed at the present time is"use". He went on to say 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: i, Davy tilt Special Pefrtiit and the Site Plan Review. �. 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 permit 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, even though smaller than the Greenery's investment, still important to them. 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 take the matter under advisement. The motion was seconded by John Draper and voted unanimous by those present. On September 15, 1992 the Planning' Board held a regular meeting. The following members were present, George Perna, Chairman, John Simons, Clerk, John Draper, Joseph Mahoney, Richard. Nardella and Richard Rowen. The Greenery Page 9: Copies of a draft decision were given to the Board. by John Simons. John Simons went over six choices that the Planning Board should consider. Those choices were: 1. Approve the special pen-nit and site plan xith prohibition against future expansion on the site. Approve the special permit and site plan without prohibition against future expansion. 3. Reject both the special permit and site plan by finding that the proposed use will 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 commitment by the planning Board to evaluate the entire Park Street; Pleasant Street, Osgood Street and. Main Street area for appropriate future development. 6. Request applicant to withdraw the application and perform study.. John Simons stated that by granting both permits would be doubling the area and allow the 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 the discussion of the draft decisions on the Special Permit the following items were added: 1. Condition #1 - Limit 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 parking 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 Flan Review 1. Condition #I through Condition #3 -Boiler plate on screening and bonding. L. Condition #5 - Adding - Mark trees in field to be preserved and stake the lot prior to construction. Check Randone property,may need additional screening. 3. Condition #9 - Add - at entrance to lot. 4. Condition #10 - Eliminated 5. Condition #I 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 motion was seconded by Joseph Mahoney. George Perna did not vote. Those in favor of the motion were John Draper,Joseph Mahoney,Richard Nardella and Richard Rowen. apposed was John 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, "The Greenery Page 11: Attachedare those cond-itions. Sincerely, Planning Board George Pe a, Chairman cc: Director of Public Works Building Inspector Health Agent/Administrator Conservation Administrator Assessors Police Chief Fire Chief Applicant Engineer File SULLIVAN &WORCESTER ONE POST OFFICE SQUARE BOSTON, MASSACHUSETTS 02109 IN WASHINGTON,D.C. (617) 338-2800 IN NEW YORK CITY 1025 CONNE)CTICUT AVENUE,N.W. 767 THIRD AVENUE WASHINGTON,D.C.20038 TELECOPIER NO.817-338-2860 NEW YORK,NEW YORK 10017 (202)77115-6190 TWX:710-321-1976 (2121 486-6200 TELECOPIER NO.202-2934275 TELECOPIER NO.212-7SS-2151 August 11, 1992 BY gOURIER Mr. Frank Serio, Jr. , Chairman Board of Appeals Town of North Andover Town Building North Andover, MA 01845 Re: Appeal of New Stevens Hall, Inc. and SLF Corporation regarding 75 Park Street Dear Mr. Serio: New Stevens Hall, Inc. and SLF Corporation respectfully request that the Board of Appeals continue the public hearing in this matter until its next regularly scheduled meeting in order to provide time for the Planning Board to act on two related petitions which are presently pending before it. The appellants also request that the time limit by which the Board of Appeals must act on this matter be extended until G-ma Iger 40 1992. IIA15 If the Board approves these requests, we ask that a copy of this letter evidencing the agreement to extend the time periods be filed with the town clerk as required by Massachusetts General Laws Chapter 40A, Section 15. Very truly yours, Victor N. Baltera Attorney for New Stevens Hall, Inc. and SLF Corporation VNB/mlc [B!OAApproved: AliRD 0F APPEALS SULLIVAN &WORCESTER vizt ONE POST OFFICE SQUARE BOSTON, MASSACHUSETTS 02109 IN WASHINGTON,O.G:' (617) 338-2800 IN NEW YORK CITY 1025 CONNECTICUT AVENUE,N.W. TELECOPIER NO.617-338-2880 767 THIRO AVENUE WASHINGTON,O.C.20036 NEW YORK,NEW YORK 10017 (202)775-6190 TWX: 710-321-1976 (212)486-8200 TELECOPIER NO.202-293-2275 - TELECOPIER NO.212.758-2151 August 11, 1992 BY ,COURIER Mr. Frank Serio, Jr. , Chairman Board of Appeals Town of North Andover Town Building North Andover, MA 01845 Re: Appeal of New Stevens Hall, Inc. and SLF Corporation regarding 75 Park Street Dear Mr. Serio: New Stevens Hall, Inc. and SLF Corporation respectfully request that the Board of Appeals continue the public hearing in this matter until its next regularly scheduled meeting in order to provide time for the Planning Board to act on two related petitions which are presently pending before it. The appellants also request that the time limit by which the Board of Appeals must act on this matter be extended until G Pry 3x�sv-, 1992. I/A/8 If the Board approves these requests, we ask that a copy of this letter evidencing the agreement to extend the time periods be filed with the town clerk as required by Massachusetts General Laws Chapter 40A, Section 15. Very trulyy yours, f/ �l-AA Victor N. Baltera Attorney for New Stevens Hall, Inc. and SLF Corporation VNB/mlc Approved: Bau►f© OF APPEALS J Oversized Maps on file with the Town