Loading...
HomeMy WebLinkAboutEDGEWOOD RETIREMENT COMMUNITY Et EO 32 No°T 6:;"oL Town of North Andover 3" E° Office of the Planning Department ­14: 20 JAN 23 , Community Development and Services Division �93 CH USE 1600 Osgood Street ; SACH North Andover, Massachusetts 01845 0 A' NOTICE OF DECISION Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. Date: January 23,2008 Date of Hearings: November 20,2007,December 4, 2007,December 18,2007,and January 15,2008 Date of Decision: January 15,2008 Petition of: Edgewood Retirement Community,Inc.,575 Osgood Street,North Andover, MA 01845 Premises Affected: 575 and 549 Osgood Street,North Andover Assessors Maps 36,Parcels 3,17, 18,and 19. Referring to the above petition for a Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 10.3, 10.31, 13 and MGL C.40A, Sec. 9 So as to allow the construction of twenty-two (22) attached and single-family cottage style residential units with attached garages,the conversion of the "Milk Barn" structure to two residential units, and one unit in an existing single family structure (Osgood House),a 720 s.f. greenhouse, a 16,537 s.f. 2-story Cognitive Impaired Unit facility addition, a 4,822 s.£ `Bistro" dining area/employee lounge facility addition, a 1,749 s.f. Social Day program, 82 additional parking spaces, roadway construction and improvements,and other improvements within the Residential 2 Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE A CCRC SPECIAL PERMIT AND TO MODIFY THE APPLICANT'S OCTOBER 5, 1989 SPECIAL PERMITS based upon the following conditions: 'North Andover Pl ning Board Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles Richard Rowen Jennifer Kusek Tim Seibert,Alternate The Planning Board herein approves the Site Plan Review Special Permit for the construction of twenty- {I 4327\65499\AO1 56390.1) wenty-{14327\65499\AO156390.1) Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street R , iV. Map 36,Parcels 3, 17,18,19 January 15,2007 ,�JJ '� The Planning Board herein approves the Site Plan Review Special Permit or `eco s'�ructono4enty- two(22)attached and single-family cottage style residential units with attached gauges,the conversion of the "Milk Barn" structure to two residential units, one in an existing sing) al .scture (Osgood House), a 720 s.f. greenhouse, a 16,537 s.f. 2-story Cognitive Impaired Unit o '�,j4&#%;A 4,822 s.f, "Bistro" dining area/employee lounge facility addition, a 1,749 s.f. Social Day program 82 additional parking spaces, roadway construction and improvements, and other improvements shown on the "Plans" as defined below. The project is located in the Residential 2 Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 36, Parcels 3, 17, 18, and 19 consisting of approximately 82 acres (3,571,920 s.£) of land with 475 linear feet of total frontage on Osgood Street. The Site Plan Review Special Permit was requested Edgewood Retirement Community,Inc., 575 Osgood Street, North Andover, MA 01845. This application was filed with the Planning Board on November 2, 2007. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 10.3, 10.3 1,and 13 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board,the Board's peer review consultants,and by the various departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings regarding this Special Permit as required by the North Andover Zoning Bylaws Sections 10.3, 10.3 1,and 13: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the Residential 2 Zoning District and involves the expansion of the existing continuing care retirement facility permitted within this zone. Specifically, Section 13 of the Zoning Bylaw establishes a maximum number of 250 residential units in a Continuing Care Retirement Center. Under the existing approved decisions, 219 units exist. The proposal calls for the construction of 25 additional independent dwelling units, bringing the total onsite to 244 units. 2) The use as developed will not adversely affect the neighborhood as a sufficient natural buffering has been provided. The final landscape design, site design layout, and architectural elevations reflect extensive discussions between the Planning Board and applicant to minimize the visual impact and insulate the 25 independent dwelling units from surrounding properties, Osgood Street, and to preserve the natural vistas. 3) The project includes the addition of Map 36, Parcels 17, 18, and 19 totaling approximately 19 acres. The addition of this parcel to the current project area of 62 acres results in a cumulative increase of common open space area totaling 70.8 acres(86.3%of the total 82-acre project area). 4) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed roadway construction to the 25 independent dwelling units, roadway and access/egress improvements, and parking lot expansion provide 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 diminutive impact on external traffic volume and will not significantly degrade the level of Page 2 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18, 19 January 15,2007 service on Osgood Street or roadway network. 5) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineers,Vanasse,Hangen Brustlin,Inc. (VHB)and Eggleston Environmental. 6) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. 7) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 8) 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. 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 9) On December 18, 2007, the Zoning Board of Appeals granted a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the"Milk Barn", a pre-existing, non-conforming structure which lies within the 100 foot setback perimeter of the Continuing Care Retirement Center. 10) This CCRC Special Permit is conditional upon the submission and approval by the Planning Board of an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) which combines the Map 36, Parcels 3, 17, 18, 19 totaling approximately 82 acres into one parcel. The Planning Board also makes findings under Sections 8.35, 10.3, 10.3 1, and 13 (Continuing Care Retirement Center "CCRC") of the Zoning Bylaw that the proposed site plan is in harmony with the general purpose and intent of the Bylaw requirements. In particular, the Planning Board finds that this proj ect: 1) Does not detract from the livability and aesthetic qualities of the environment. The project will provide for a mixture and diversity of housing stock and other uses which will enhance the livability and aesthetic qualities of the continuing care retirement facility. 2) The proposed use is in harmony with the general purpose and intent of the Zoning Bylaw. The proposed uses are permitted under the CCRC provisions of the Zoning Bylaw, and provides for a mixture of land usage at a specified location at greater density and intensity than would normally be allowed and encourage the preservation of open space. Further, the project will enhance the aesthetics of the property with new streetscape amenities, landscaping, and screening. 3) The project promotes more efficient use of land while protecting natural resources, such as water resources, wetlands, wildlife, and natural vistas. The project contains approximately 86.3% open space,which can be utilized for terraces,walking trails and other active or passive recreational uses. 4) As a separate component of the proposed improvements and efforts to preserve the character of the site, the existing barn and related structure located on the northwestern portion of the property shall Page 3 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18, 19 January 15,2007 be renovated and maintained in accordance with the recorded "Conservation Restriction to The Trustees of Reservations", dated September 23,2004,recorded at Book 9223 Page 159, and is shown on Registry of Deeds Plan#14591 5) The project provides housing alternatives specifically developed and designed for elderly residents and expands supportive services to meet the needs for these individuals. 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: SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers a 3,571,920 s.f. (82 acres) area of land fronting on Osgood Street, as shown on Assessors Map 36, Parcels 3, 17, 18, and 19 also known as 575 and 549 Osgood Street,North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA 01845, entitled "Definitive Site Plan, Edgewood Retirement Community,North Andover,Massachusetts"prepared for Edgewood Retirement Community,Inc., 575 Osgood Street,North Andover,Massachusetts. c) The "Project"or"575 and 549 Osgood Street"refers to the construction of twenty-two(22)new attached and single-family cottage style residential units with attached garages,the conversion of the "Milk Barn" structure to two residential units, one in an existing single family structure (Osgood House), a 720 s.f. greenhouse, a 16,537 s.f. 2-story Cognitive Impaired Unit Program facility addition,a 4,822 s.f. "Bistro" dining area/employee lounge facility addition, a 1,749 s.f. Social Day program, 82 additional parking spaces, roadway construction and improvements, and other improvements shown on the"Plans"as defined above. d) The "Applicant" refers to Edgewood Retirement Community, Inc., the applicant for the Special Permit. e) 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. 2) Pursuant to the provisions of Condition No. 3 as contained in the Original CCRC Special Permit,the Applicant shall be required to make the payment to the town of North Andover required under the provisions of Zoning Bylaw Section 13.6(a),due to the fact that the Applicant proposes to construct more than 221 units on the Premises.As authorized in Section 13.6(a)the Planning Board hereby allows Applicant to contribute funds to the town of North Andover in lieu of allocating any housing units otherwise required under Section 13.6(a). Since the rate of contribution under Zoning Bylaw Section 13.6(a) is $2.00 per square foot of gross area of all buildings and structures exclusive of pools and parking, the Planning Board hereby finds Page 4 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18,19 January 15,2007 that the contribution to be made by the Applicant to the Town of North Andover pursuant to zoning bylaw Section 13.6 (a) is the amount of$851,170.00, computed at the rate of$2.00 x 425,585 square feet (representing the 347,163 square foot area of all buildings and structures currently existing (the "Existing Facility"), as well as the 78,422 square feet proposed to be constructed (the "New Construction")by Applicant pursuant to this Modification of CCRC Special Permit.) Since the Applicant currently has 219 Units, no payment shall be due as a pre-condition to the Applicant constructing the first 2 new Residential Units; payment of the contribution attributable to the balance of the New Construction is described in the paragraph below. With respect to the Existing Facility, prior to the Applicant receiving a Building Permit for any portion of the New Construction beyond the first 2 new Residential Units,Applicant shall make payment to the town of North Andover of$347,163, representing an amount equal to 50% of the rate of$2.00 for the gross square floor area of the Existing Facility only (exclusive of pools and parking); the remaining 50% ($347,163) attributable to the Existing Facility shall be due and payable 24 months from the date of said initial 50%payment. The balance of the contribution due from Applicant under this Condition attributable to the New Construction shall be due and payable as each new unit of housing or expansion is constructed and a Certificate of Occupancy is requested to be issued in connection therewith.In the event that the actual square footage of New Construction is less than the maximum square footage allowed under this Modification of CCRC Special Permit,the applicant will be required to pay only on the amount of the square footage actually constructed. Failure to comply with the terms and agreements of this condition will result in the revocation of this Special Permit. 3) If in addition to the open space bonus, the applicants wish to construct more than 244 units, then the project may contain up to 250 units upon the payment to the Town of North Andover the funds referred in Section 13.6(a) of the Zoning Bylaw. In no event shall there be units in excess of 250 units. 4) Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 5) Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non- compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; Page 5 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17, 18,19 January 15,2007 d) On-site water and sewer utilities; e) Parking spaces and related pavement; I) Newly constructed roadways/access ways; g) Curb cuts; h) Retaining walls; i) Site screening, landscaping and street trees; j) Site restoration; and k) Final site cleanup 6) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a) The final plans must be reviewed by the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. b) The bond in the amount of forty thousand dollars ($40,000)posted under the Site Plan Review Special Permit for the purpose of insuring that a final as-built plan showing the location of all on- site utilities, structures, newly constructed roadways/access ways, topography, and drainage facilities is submitted and also in place to insure that the site is constructed in accordance with the approved plan shall also secure said obligations under this Special Permit. The form of security must be acceptable to the Planning Board. c) The Applicant, within thirty (30) days after this Decision becomes final, shall submit to the Planning Board for its approval an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) along with an ANR Plan which combines the Additional Land (that is, the 19.3 acres acquired from Samuel R. Rogers in December 2004 and described in the Deed recorded at Book 9223 Page 177 with the Essex North District Registry of Deeds)with the Original Land. No construction activities authorized by this Decision on the Additional Land shall be commenced until the Applicant has(a)recorded said approved ANR Plan and(b)caused the title to the Additional Land to be combined with the Original Land, by recording a Deed for said Additional Land conveying the title to said Additional Land to Edgewood Retirement Community,Inc. d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 7) PRIOR TO THE START OF CONSTRUCTION: a) A 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. b) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department and Conservation Department. c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways,except as normally ancillary to off-site sewer or other off--site construction. Off-site erosion will be a basis Page 6 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3,17,18, 19 January 15,2007 for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. d) All trees to be preserved and/or removed as shown on the Plans shall be properly identified/marked in the field. The Town Planner and Conservation Agent shall review to ensure compliance with the Plans. e) The bounds of the recorded Conservation Restrictions to The Trustees of Reservations pertaining to Map 36, Parcels 3, 17, 18, and 19 shall be delineated/permanently marked in the field and reviewed by the Town Planner and Conservation Department. f) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land-Use Boards or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 24. 8) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant shall adhere to the following requirement of the North Andover Fire Department and the North Andover Building Department: 1. All residential structures must contain a residential fire sprinkler system. The applicant is required to extend the sprinklers from the existing plant into the new addition. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 9) DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly or more frequently as dictated by site and weather conditions and as directed by the Town Planner. Tarps shal l be placed over any stockpiles to ensure that any dust is mitigated properly. b) The Planning Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts neighboring properties. Any stockpiles to remain for longer than one week must be covered. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. Page 7 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18, 19 January 15,2007 d) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 10) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 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 parking area. b) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. 11) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. b) 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. 12) During the construction of the roadway improvements for the project, the applicant shall coordinate efforts with the Town to construct trailhead improvements on the portion of property owned by the Town to Half Mile Hill. Said trailhead improvements shall be completed at the expense of the applicant and include,but not limited to,access improvements,the construction of additional parking, and the installation of signage. The Town shall be responsible for obtaining all governmental approvals relating to trailhead improvements. The scope of work and defined project area shall be determined by the Conservation Commission and Order of Conditions relative to this trailhead project. 13) Throughout the entire site, tree cutting and grading shall be kept to a minimum in order to minimize erosion and preserve the nature features of the site. Further, at no time shall construction impact the conservation easements or properties maintained by the Trustees of Reservations. 14) All trees to be preserved and/or removed as shown on the Plans shall be properly identified/marked in the field. The Town Planner and Conservation Agent shall review to ensure compliance with the Plans. Page 8 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18, 19 January 15,2007 15)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m. on Saturday. 16) All existing plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. 17) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 18) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 19)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 20)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 21) 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. 22) All snow storage is to be removed as needed to provide sufficient access throughout the site and to ensure the proper safety of vehicles and pedestrians. 23) The Site Plan Review Special Permit granted under Section 8.3 for this site shall also be considered as part of this decision. 24) The Site Plan Review Special Permit and Special Permit(CCRC Special Permit)granted on October 5, 1989 shall also be considered as part of this decision. 25) The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any changes deemed substantial by the Town Planner shall be presented to the Planning Board for a determination by the Board whether such changes would merit a public meeting or hearing and/or Special Permit modification. 26) This Special Permit approval shall be deemed to have lapsed after January 15, 2010 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 27) The following information shall be deemed part of the decision: Plan titled: Definitive Site Plan Edgewood Retirement Community North Andover,Massachusetts Prepared for: Edgewood Retirement Community,Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Page 9 Special Permit—CCRC Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3,17,18,19 January 15,2007 2008 JAN 23 i'i : 0 Haverhill,MA 01830 Scale: 1"=40' F Date: November 1 2007 Revised 12/10/07 1/2/08 p �y ,� iliR Sheets: 1 of 19,L2.0,L2.1 NAMAL,; Plan titled: Key Plan Plan of Land Located in North Andover,MA Prepared for: Edgewood Retirement Community,Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: I"= 120', 1"=40' Date: June 26,2007,Revised 8/18/07 Sheets: 1 -7 Report titled: Supporting Information Special Permit Plan Application Edgewood Retirement Community 575 Osgood Street Prepared for: Edgewood Retirement Community,Inc. 575 Osgood Street North Andover,MA 01845 Report titled: Mitigative Drainage Analysis For Edgewood Retirement Community North Andover,Massachusetts Prepared for: Edgewood Retirement Community,Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Date: November 1,2007 cc: Town Departments Applicant Engineer Abutters Page 10 %AORTH q -ir �V 1 D ° Town of North Andover p Office of the Planning Departmen�j 3 JAN 23 iii ' 20P ° Community Develo ment and Services L7ivision 4q• . ,tl « �qSS CH U�P��(� 1600 Osgood Street 1; µ ACHS North Andover, Massachusetts 01845 Sc :> NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: January 23, 2008 Date of Hearings: November 20, 2007, December 4, 2007, December 18, 2007, and January 15, 2008 Date of Decision January 15, 2008 Petition of. Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover,MA 01845 Premises Affected: 575 and 549 Osgood Street, North Andover Assessors Maps 36, Parcels 3, 17, 18, and 19. Referring to the above petition for a Site Plan Review Special Permit from the requirements of the North Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9 So as to allow the construction of twenty-two (22) attached and single-family cottage style residential units with attached garages, the conversion of the "Milk Barn" structure to two residential units, and one unit in an existing single family structure (Osgood House), a 720 s.f. greenhouse, a - 16,537s.f. 2-story Cognitive Impaired Unit facility addition, a 4,822 s.f. "Bistro" dining area/employee lounge facility addition, a 1,749 sf Social Day program, 82 additional parking spaces, roadway construction and improvements, and other improvements within the Residential 2 Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE A SITE PLAN REVIEW SPECIAL PERMIT based upon the following conditions: o dth, /� of• North Andover Aanning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles Richard Rowen Jennifer Kusek Tim Seibert,Alternate Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street ; ,} Map 36,Parcels 3,17,18,19 January 15,2007 " L The Planning Board herein approves the Site Plan Review Special Permit ° nk I twenty-two (22) attached and single-family cottage style residential units with a chcd garages, the conversion of the "Milk Barn" structure to two residential units, one inl, rifin� iagle family structure (Osgood House), a 720 s.f. greenhouse, a 16,537s.f. 2-storyIM &Y��.�ttred Unit facility addition, a 4,822 s.f. "Bistro" dining area/employee lounge facility addition, a 1,749 sf Social Day program, 82 additional parking spaces, roadway construction and improvements, and other improvements shown on the "Plans" as defined below. The project is located in the Residential 2 Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 36, Parcels 3, 17, 18, and 19 consisting of approximately 82 acres (3,571,920 s.£) of land with 475 linear feet of total frontage on Osgood Street. The Site Plan Review Special Permit was requested Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA 01845. This application was filed with the Planning Board on November 2, 2007. The applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the Residential 2 Zoning District and involves the expansion of the existing continuing care retirement facility permitted within this zone. Specifically, Section 13 of the Zoning Bylaw establishes a maximum number of 250 residential units in a Continuing Care Retirement Center. Under the existing approved decisions, 219 units exist. The proposal calls for the construction of 25 additional independent dwelling units, bringing the total onsite to 244 units. Further, the final design and layout of the additional independent dwelling units reflects extensive discussions between the Town, applicant, and relevant stakeholders to preserve the historic, colonial character of the site and neighborhood and to minimize the visual impacts to Osgood Hill and Weir Hill. 2) The use as developed will not adversely affect the neighborhood as a sufficient natural buffering has been provided. The final landscape design, site design layout, and architectural elevations reflect extensive discussions between the Planning Board and applicant to minimize the visual impact and insulate the 25 independent dwelling units from surrounding properties, Osgood Street, and preserve the natural vistas. Page 2 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18,19 January 15,2007 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed roadway construction to the 25 independent dwelling units, roadway and access/egress improvements, and parking lot expansion provide 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 diminutive impact on external traffic volume and will not significantly degrade the level of service on Osgood Street or roadway network. 4) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineers, Vanasse, Hangen Brustlin, Inc. (VHB) and Eggleston Environmental. 5) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. a) Frontage and Access Roadway: The main access/entrance to the site has been enhanced with the addition of 8 Elm trees 3.0"—3.5 in caliper located on both sides of roadway. The additional shade trees improve the natural character and soften the visual streetscape elements from the vantage point of the Osgood Street. The existing natural vegetated buffering along Osgood Street provides sufficient coverage and screening for the project. b) Twenty-Five Independent Dwelling Units: Extensive landscaping has been provided around the perimeter and interspersed among the 25 units so as to create traditional neighborhood village setting that softens the visual impact of the structures from the vantage point of Osgood Street, Osgood Hill, and Weir Hill. I) Trees: 100 Red Map Trees 2.5 inches to 3 inches in caliper, 24 Sugar Maple Trees 3 inches to 3.5 inches in caliper, and 47 Crabapple Trees 2.5 inches to 3 inches in caliper. 2) Shrubbery: 500 Vibumum/Witchazel plants 36 inches in height. 3) Grasses: The proposed meadow will consist of a mixture of native meadow species including Aster, Switchgrass, Little Bluestein, and Vervain. The seeded lawn areas will consist of the drought resistant species, Fescues. 6) The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7) 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. 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. 8) As a separate component of the proposed improvements and efforts to preserve the character Page 3 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17, 18, 19 January 15,2007 of the site, the existing barn and related structure located on the northwestern portion of the property shall be renovated and maintained in accordance with the recorded "Conservation Restriction to The Trustees of Reservations", dated September 23, 2004, recorded at Book 9223 Page 159, and is shown on Registry of Deeds Plan#14591 9) On December 18, 2007,the Zoning Board of Appeals granted a Special Permit under Section 9, Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the "Milk Barn", a pre-existing, non-conforming structure which lies within the 100 foot setback perimeter of the Continuing Care Retirement Center. 10)This Site Plan Review Special Permit is conditional upon the submission and approval by the Planning Board of an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) which combines the Map 36, Parcels 3, 17, 18, 19 totaling approximately 82 acres into one parcel Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3, but requires conditions in order to be fully in compliance. The Planning Board hereby votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers a 3,571,920 s.f. (82 acres) area of land fronting on Osgood Street, as shown on Assessors Map 36, Parcels 3, 17, 18, and 19 also known as 575 and 549 Osgood Street,North Andover, Massachusetts. b) The "Plans" refer to the plans prepared by Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA 01845, entitled "Definitive Site Plan, Edgewood Retirement Community, North Andover, Massachusetts" prepared for Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover, Massachusetts. c) The "Project" or "575 and 549 Osgood Street" refers to the construction of twenty-two (22) new attached and single-family cottage style residential units with attached garages, the conversion of the "Milk Barn" structure to two residential units, one in an existing single family structure (Osgood House), a 720 s.£ greenhouse, a 16,537s.£ 2-story Cognitive Impaired Unit Day Program facility addition, a 4,822 s.f. "Bistro" dining area/employee lounge facility addition, a 1,749 sf Social Day program, 82 additional parking spaces, roadway construction and improvements, and other improvements shown on the "Plans"as defined above. Page 4 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3,17, 18, 19 January 15,2007 d) The "Applicant" refers to Edgewood Retirement Community, Inc., the applicant for the Special Permit. e) 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. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3) Construction Monitor: The applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of non-compliance, if any, and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and related pavement; f) Newly constructed roadways/access ways; g) Curb cuts; h) Retaining walls; i) Site screening, landscaping and street trees; j) Site restoration; and k) Final site cleanup 4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final plans must be submitted for review within ninety(90) days of filing the decision with the Town Clerk. b) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage Page 5 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18, 19 January 15,2007 control facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations, which support the design of the control facilities shown on the plan, shall be submitted to the Department of Public Works for review and approval Written confirmation of said review and approval by the Department of Public Works must be submitted to the Planning Department. c) A bond in the amount of forty thousand dollars$40,000) must be posted for the purpose of insuring that a final as-built plan showing the location of all on-site utilities, structures, newly constructed roadways/access ways, topography, and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. The form of security must be acceptable to the Planning Board. d) The Applicant, within thirty (30) days after this Decision becomes final,shall submit to the Planning Board for its approval an appropriate Form A Application for Approval of an ANR Plan (Approval Not Required Plan) along with an ANR Plan which combines the Additional Land (that is, the 19.3 acres acquired from Samuel R. Rogers in December 2004 and described in the Deed recorded of Book 9223 Page 177 with the Essex North District Registry of Deeds) with the Original Land.No construction activities authorized by this Decision on the Additional Land shall be commenced until the Applicant has (a) recorded said approved ANR Plan and (b) caused the title to the Additional Land to be combined with the Original Land, by recording a Deed for said Additional Land conveying the title to said Additional Land to Edgewood Retirement Community,Inc. e) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5) PRIOR TO THE START OF CONSTRUCTION: a) A 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. b) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department and Conservation Department. c) All trees to be preserved and/or removed as shown on the Plans shall be properly identified/marked in the field. The Town Planner and Conservation Agent shall review to ensure compliance with the Pians. d) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except as normally ancillary to off-site sewer or other 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, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. Page 6 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3,17,18,19 January 15,2007 e) The bounds of the recorded Conservation Restrictions to The Trustees of Reservations pertaining to Map 36, Parcels 3, 17, 18, and 19 shall be delineated/permanently marked in the field and reviewed by the Town Planner and Conservation Department. f) A pre-construction meeting must be held with the developer, their construction employees, Planning Department, Building Department, and Conservation Department to discuss scheduling of inspections, the construction schedule, and the process/method of informing the public of the anticipated activities on the site. g) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all other North Andover Land-Use Boards or departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 23. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three (3) copies of the signed, recorded plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant shall adhere to the following requirement of the North Andover Fire Department and the North Andover Building Department: 1. All residential structures must contain a residential fire sprinkler system. The applicant is required to extend the sprinklers from the existing plant into the new addition. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each residential system must also be supplied to the Building Department. 7) DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. Tarps shall be placed over any stockpiles to ensure that any dust is mitigated properly. Page 7 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3,17,18, 19 January 15,2007 b) The Planning Board will strictly enforce the policy relative to the stockpiling of materials (dirt, wood, construction material, etc.) and must be shown on a plan and reviewed and approved by the Town Planner. Any approved piles must remain covered at all times to minimize potential dust and be required to install appropriate erosion control measures to mitigate potential impacts neighboring properties. Any stockpiles to remain for longer than one week must be covered. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance,any and all equipment that shall emanate sounds from the structures or site. d) The Town Planner will perform bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. 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 parking area. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. c) The residential fire sprinkler systems must be installed in accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant must then provide this certification to the North Andover Planning Department. d) Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Page 8 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36, Parcels 3,17, 18, 19 January 15,2007 Building Department. The applicant prior to construction must obtain all additional permits. 9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the Project Owner's expense. b) 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. 10)Throughout the entire site, tree cutting and grading shall be kept to a minimum in order to minimize erosion and preserve the nature features of the site. Further, at no time shall construction impact the conservation easements or properties maintained by the Trustees of Reservations. 11)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12)All existing plantings and screening depicted on the approved plans shall remain in perpetuity over the life of the project. 13)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14)Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 15)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17)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. All snow storage is to be removed as needed to provide sufficient access throughout the site and to ensure the proper safety of vehicles and pedestrians. 18)The CCRC Special Permit granted under Section 10.3, 10.3 1, and 13 for this site shall also be considered as part of this decision. Page 9 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street Map 36,Parcels 3, 17,18,19 January 15,2007 19)The Site Plan Review Special Permit and CCRC Special Permit granted on October 5, 1989 shall also be considered as part of this decision. 20)The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 21)This Special Permit approval shall be deemed to have lapsed after January 15, 2010 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 22)The following waivers were granted in determining this decision: a. Zoning Bylaw, Section 8.3.5.e.xix—Submission of a Traffic Impact Study. b. Zoning Bylaw, Section 8.3.5.e.xxiii—Submission of a Fiscal Impact Study. 23)The following information shall be deemed part of the decision: Plan titled: Definitive Site Plan Edgewood Retirement Community North Andover,Massachusetts Prepared for: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen& Sergi 160 Summer Street Haverhill,MA 01830 Scale: 1"=40' Date: November 1,2007,Revised 12/10/07, 1/2/08 Sheets: 1 of 19, L2.0, L2.1 Plan titled: Key Plan Plan of Land Located in North Andover,MA Prepared for: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen&Sergi 160 Summer Street Haverhill,MA 01830 Scale: 1"= 120', 1"=40' Page 10 Site Plan Review Special Permit Edgewood Retirement Community,Inc. 575 and 549 Osgood Street 71 Map 36,Parcels 3,17, 18, 19 ; January 15,2007 N Date: June 26 2007 Revised 8/18/07 283 JAIV 23 N Sheets: 1 - 7 1� c� V Report titled. Supporting Information SACi Special Permit Plan Application Edgewood Retirement Community 575 Osgood Street Prepared for: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Report titled: Mitigative Drainage Analysis For Edgewood Retirement Community North Andover, Massachusetts Prepared for: Edgewood Retirement Community, Inc. 575 Osgood Street North Andover,MA 01845 Prepared by: Christiansen& Sergi 160 Summer Street Haverhill,MA 01830 Date: November 1, 2007 cc: Town Departments Applicant Engineer Abutters Page 11 Town of North Andover ZONING BOARD OF APPEALS f%tF F P" ,Albert,P.Nianzi III,Esq.Chairman Ellen P.Mchit�rre, I,iee-Chairman Richard J. r ,Esq.Clerk '64, Byers1 .6 NOB JAH 8 PH 3` 56 Joseph D.LaGrasse 0 0 David R.Webster 16. 'A 01 _Ass& Members�ate embers 41 Thomas D.Ippolito WRTH Richard M.VaillancourtMASS kCl Daniel S.Braese,Esq. SSACNuss Town Clerk Time Stamp Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 575&549 Osgood Street NAME: Edgewood Retirement Community,Inc. HEARING(S): November 13&December 18,200 ADDRESS: 575&549 Osgood Street PETITION: 2007-022 North Andover,MA 01845 TYPING DATE: December 27,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the North Andover High School Lecture Hall,430 Osgood Street,North Andover,MA on Tuesday the 18th of December,2007 at 7:30 PM upon the application of Edgewood Retirement Community,Inc,575&549 Osgood Street(Map 36,Parcels 3,17,18,& 19), North Andover,MA requesting a Special Permit under Section 9,Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Barn,a pre-existing,non-conforming structure which lies within the 100' setback perimeter of the Continuing Care Retirement Center and/or for a Finding under Paragraph 9.1 and Section 13.5.d.1 (Continuing Care Retirement Center Perimeter Setback of 100'per zoning officer finding)that the proposed change,extension,or alteration of said pre-existing,non-conforming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover, on October 22&October 29,2007. The legal notice,only,was read then the hearing was continued to December 18 during the regular November 13,2007 meeting. The following voting members were present: Joseph D.LaGrasse,Richard J.Byers,Albert P.Manzi,111,Richard M. Vaillancourt,and Daniel S.Braese. The following non-voting members were present: David R.Webster,and Thomas D.Ippolito. Upon a motion by Joseph D.LaGrasse and 2d by Richard J.Byers the Board voted to GRANT a Special Permit under Section 9,Paragraph 9.1 of the Zoning Bylaw in order to alter/rehabilitate for residential use the Milk Barn,a pre-existing,non-conforming structure which lies within the 100'setback perimeter of the Continuing Care Retirement Center and upon a motion by Joseph D.LaGrasse and 2nd by Richard J.Byers the Board voted to GRANT a Finding under Paragraph 9.1 and Section 13.5.d.I (Continuing Care Retirement Center Perimeter Setback of 100'per finding of zoning enforcement officer)that the proposed change,extension,or alteration of said pre-existing,non-conforming structure shall not be substantially more detrimental than the existing conforming use/structure to the neighborhood per: Site: 575&549 Osgood Street(Map 36,Parcels 3,17,18,& 19),,North Andover, MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover,MA.,Record owner &applicant,Edgewood Retirement Community,Inc.,c/o Marlene Rotering, 549 Osgood Street,No. Andover,MA. Date(&Revised Dates): 10/10/07 Registered Professional Land Michael J. Sergi,#33191,Christiansen&Sergi, 160 Summer St.Haverhill, Surveyor: MA.01830 Sheet/Drawing: Sheets I -2 Pagel of 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover-com Town of North Andover ZONING BOARD OF APPEALS cEiv,E n Albert P,Manzi III,Esq.Chairman Ellen P.Mchityre, Vice-Cbairman VkORT14 q Richard J.Byers, Esq Clerk 0`r,,eo �6y6•�.O n 56 Joseph D.I.aGrasse0r t ` • David R.Webster Flssai'zste lfembers # Thomas D.Ippohto Richard M.VaillancourC '1i,9 A�+aeo.��.�'' MAS ti CE z <r Daniel S.Braese,.Esq. sSA 1"4U � Town Clerk Time Stamp Building Plan Title: Conceptual Cottage Plans Unit F By: [DSA: Dewing&Schmid Architects,30 Monument Square,Suite 200B, Concord,MA 01742-18731 Date: 9.26.07 Sheet/Drawing: Milk Barn:Proposed 1St Floor Plan,Milk Barn:Proposed 2° Floor Plan With the following conditions: 1. Special Permit 2007-022 is contingent on the Planning Board Site Plan Review Special Permit, the Planning Board Continuing Care Retirement Center Special Permit,the Planning Board ANR consolidating parcels 3, 17, 18,and 19 into one Continuing Care Retirement Center lot,and the Conservation Commission Order of Conditions being granted to Edgewood Retirement Community, Inc. Voting in favor of the Special Permit and Finding: Joseph D.LaGrasse,Richard J.Byers,Richard M.Vaillancourt, and Daniel S. Braese. Voting against the Special Permit and Finding: Albert P.Manzi,III. During the December 18,2007 hearing,the Board cited the Planning Board Notice of Decision dated December 4, 2007 stating that Edgewood Retirement Community,Inc.may proceed with the Special Permit application with the Zoning Board of Appeals in accordance with Section 10,Paragraph 10.8 of the North Andover Zoning Bylaw. Therefore,the Board finds that the applicant has satisfied the provisions of Section 9,Paragraph 9.1 of the zoning bylaw and that this Special Permit granting the change of use in the pre-existing,non-conforming structure from a milk barn to a two-family independent dwelling unit because this site is an appropriate location for such use since 575 Osgood Street,(Map 36 Parcel 3)is an existing Continuing Care Retirement Center. The Board finds that this use will not adversely affect the neighborhood since the interior reconfiguration and exterior restoration will preserve the ca. 100-year-old structure and will be subject to Planning Board decision conditions and Conservation Commission Orders of Condition requirements. The Board finds that the change of use as proposed in the above plans will lessen the non- conformity of the property by razing 3 other existing barns which are either wholly or partially within the Section 100' Continuing Care lot line buffer zone. The Board finds under Paragraph 9.1 and Section 13.5.d.1 (Continuing Care Retirement Center Perimeter Setback of 100'per zoning officer finding)that this proposed change of use and interior alteration of this pre-existing,non-conforming structure shall not be substantially more detrimental than the existing structure to the neighborhood. The Board finds that there will be no nuisance or serious hazard to vehicles or pedestrians since both units will have 3-stall attached garages and that Osgood Street has existing adequate and appropriate facilities provided for the proper operation of the proposed two-family unit. The Board finds that the proposed use is in harmony with the general purpose and intent of the North Andover Zoning Bylaw. Page 2 of 3 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com i M Town of North Andover ZONING BOARD OF APPEALS ,} Albert P.Manzi III,Esq. Chairman Filen P McIntyre Dice-Chairman t%ORTy Richard T.Byers,Esq.Clerk ;°.e�0 �t�} t� Joseph D.LaGrasse 03 b '- Ota 2069 JA�� "8 r�PH .3: 5� David R.Webster E' .Assneiate Membersij 1 Thomas D.Ippolito o � •'# �_ce l A ss,� '� F`o .Ftlr s.p" 'F4r Daniel S- rae e Esq rC 'fi9SSryCHUs MArgo A S`�ai E Town Clerk Time Scamp Note: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,Northern District at the applicant's expense. 2.The granting of the Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local zoning codes,ordinances,and or regulations,and all local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore, if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. /�/jc� azzz/al� Nort Andover Zoning Boa of Ap a Al rt P.Manzi,III,Esq., Chairman chard J.Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Richard M.Vaillancourt Decision 2007-022. M36P3,17,18,&19. Page 3 of 3 1600 Osgood St.,Bldg 20-Suite 2-36,North Andover,MA 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com � rLORTF�� N � .a'wIVE0 1 Town of North Andover 2097 DEC 10 PH� 0 Office of the Planning Department Community Development and Services 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION (Determination Request Repetitive Petition) Date of Decision: December 4,2007 Application of: Edgewood Retirement Community, Inc., 575 Osgood Street,109 Main Street,North Andover, MA 01845 Premises Affected: 1575 Osgood Street,North Andover,MA 01845 Map 36, Parcels 3, 17, 18, & 19. HISTORY AND BACKGROUND On September 17, 2007, Zoning Board of Appeals voted to deny the Edgewood Retirement Community, Inc. et al (`Edgewood Retirement") for an application seeking a dimensional Variance from the 100-foot buffer surrounding the Continuing Care Retirement Center. The motion from the Zoning Board of Appeals to grant the dimensional Variance from the 100-foot buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed. On or about October 11, 2007, the Applicant, Edgewood Retirement, filed an application for Special Permit with the Zoning Board of Appeals to (1) alter/rehabilitate for residential use the "Milk Barn", a pre-existing, non-conforming structure located within the 100-foot setback perimeter of the Continuing Care Retirement Facility and(2) a determination that the proposed changes, extensions, or alterations of said pre-existing, non-conforming structure shall not be substantially more detrimental than the existing conforming use/structure to be the neighborhood. FINDINGS OF FACT The October 11, 2007 ZBA Application(unlike the previously requested Variances) shows 2 less units, show 13 units being reconfigured to avoid any Variances being needed, and contains requests only for ZBA relief in the form of a Special Permit and/or a Finding to alter/rehabilitate the existing Milk Barn, a pre-existing non-conforming structure which lies within the 100' setback perimeter. 1575 Osgood Street,North Andover,MA 01845 Map 36,Parcels 3, 17, 18,& 19. Repetitive Petition—Revised Special Permit Application December 4,2007 In accordance with Massachusetts General Law c. 40A § 16 and Section 10.8 of the North Andover Bylaw, the North Andover Planning Board hereby confirms that the October 11, 2007 Application made to the North Andover Zoning Board of Appeals by Edgewood Retirement Community, Inc. et al ("Edgewood Retirement")does not represent a so-called"Repetitive Petition". On December 4, 2007, the Planning Board voted unanimously to confirm that the re- designed plans submitted by Edgewood Retirement to the North Andover Zoning Board of Appeals are, in the opinion of the Planning Board, substantially different in several material respects from the plans previously submitted to the North Andover Zoning Board of Appeals when Variances were requested for zoning relief from the 100' Perimeter Setback called for under North Andover Zoning Bylaw, Section 13 Continuing Care Retirement Center. Accordingly, Edgewood Retirement Community, Inc. may proceed with the Special Permit application with the Zoning Board of Appeals in accordance with Section 10.8 of the North Andover Zoning Bylaw. Town of North Andover Planning Department By:",, 44,— North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Jennifer Kusek Tim Seibert, Alternate 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 -- Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: North Andover When filling From: 1.Conservation commission out forms on the computer, 2.This issuance is for(check one): Order of Conditions ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Marlene Rotering Edgewood Retirement Community, Inc. use the return a. First Name b. Last Name c.Company key. 575 Osgood Street d.Mailing Address North Andover MA. 01845 e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f. State g.Zip Code 5. Project Location: 575 Osgood Street and 549 Osgood Street North Andover a.Street Address b.City/Town Map 36 Parcels 3,17, 18,and 19 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: 42-70-328 -71-107-270 electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex North b. a.County Certificate(if registered land) 9223 177 c. Book d.Page 4/27/07 2/13/08 �S 7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date 6f1ss ante 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Definitive Site Plan tdca ,��r�d I ;ra ,e„ G, �,.,,;�,t ..f��h "F;nr4 of SS4ex i .}hr" 17 a.Plan Title Christiansen & Sergi, Inc. Philip G. Christiansen, P. E.�Michael J. Sergi, P. b.Prepared By L. S. 2/1/08 1 -40' d. Final Revision Date e.Scale See Attached f.Additional Plan or Document Title g. Date 9. Total WPA Fee Paid: $16,700 $4,287.50 $12,412.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform5.doc• rev.3/1105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish a. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Intand.Resource Area impacts: Check all that apply below. (For Approvals Only) ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary (if available) linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 3. ❑ Bank a.linear feet b.linear feet c. linear feet d.linear feet 4. ❑ Bordering Vegetated Wetland a.square fleet b.square feet c.square feet d.square feet 5. ❑ Land Under a.square feet b.square feet c.square feet d.square feet Waterbodies and Waterways e.cu.yd dredged f.cu.yd dredged wpaform5.doc• rev.3!1105 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 6. El Bordering Land Subject to Flooding a.square feet b..square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 7. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 8. ❑ Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft e.square feet f.square feet e.square feet f.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 9. ❑ Designated Port Indicate size under Land Under the Ocean, below Areas 1o. ❑ Land Under the Ocean a.square feet b,square feet c.cu.yd dredged d.cu.yd dredged 11. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 12. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.cty nourishmt. 13. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.c/y nourishmt 14. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 16. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 17. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 18. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 19. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 20. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaform5.doc• rev.3/1/05 Page 3 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber,bricks, plaster,wire, lath, paper, cardboard,' pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number 242-1398 " wpaform5.doc• ray.3/1/05 Page 4of9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See attached space for additional conditions, select box to attach a text document wpaform5.doc• rev.311/05 Page 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The North Andover hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b. Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: North Andover Wetland Protection Bylaw Chapter 178 a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for c. The special conditions relating to municipal ordinance orb law are as follows: additional See attached conditions, select box to attach a text document wpaform5.doc• rev.3/1105 Page 6 of 9 DEP FILE #242 -1398 Therefore, the North Andover Conservation Commission (hereafter the "NACC") hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the State Regulations, the local ByLaw and Regulations, to protect those interests noted above. The NACC orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced below. To the extent that the following conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent the conditions shall control. GENERAL CONDITIONS 18. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 19. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of property rights. However, the NACC, agent of the NACC or the Department of Environmental Protection (DEP) reserves the right to enter and inspect the property at all reasonable times until a Certificate of Compliance is issued, to evaluate compliance with this Order of Conditions, the Act (310 CMR 10.00), the North Andover Wetland ByLaw and Regulations, and may require any information, measurements, photographs, observations, and/or materials, or may require the submittal of any data or information deemed necessary by the NACC for that evaluation. Further, work shall be halted on the site if the NACC, agent or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the NACC is satisfied that the work will comply and has so notified the applicant in writing. 20. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances,by-laws or regulations. 21. The work authorized hereunder shall be completed within three years from the date of this order. 22. This Order may be extended by the issuing authority for one or more periods of up to one year each upon application to the issuing authority at least thirty days (30) prior to the expiration date of the Order (Refer to Section 8.3 (p.37) of the North Andover Wetland Regulations). 23. The NACC reserves the right to amend this Order of Conditions after a legally advertised public hearing if plans or circumstances are changed or if new conditions or information so warrant. 24. Where the Department of Environmental Protection (DEP) is requested to make a determination ( ) and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 25. This Order is issued under File No. 242-1398. C:\Winword\OOC\242-1398Edgewood.doc 1 NACC 2/15/2008 DEP FILE # 242 -1398 26. The conditions of this decision shall apply to, and be binding upon, the applicant, owner, its employees and all successors and assigns in interest or control. These obligations shall be expressed in covenants in all deeds to succeeding owners of portions of the property. 27. The term "Applicant" as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of Conditions. The NACC shall be notified in writing within 30 days of all transfers of title of any portion of property that takes place prior to the issuance of a Certificate of Compliance. 28. The proposed work includes: Razing of existing structures, the construction of twenty-two (22) attached and single-family cottage style residential units with attached garages, associated driveways, decks/porches,the conversion of a structure (Milk Barn) to two residential units,the conversion of an existing single family structure (Osgood House) to one residential unit, a greenhouse, roadway construction and improvements, construction of paved walkways, installation of utilities, stormwater management structures, associated grading activities and buffer zone restoration/mitigation activities. Of the twenty-two units proposed, only nine (9) units are jurisdictional. A facility addition/expansion area and associated parking and grading are also proposed. However, this work is located outside of the 100-foot buffer zone and therefore not jurisdictional. The property is also surrounded by several permanently protected Open Space properties owned by the Town of North Andover and the Trustees of Reservations (TTOR). All work regulated under this Order is proposed to be located within the boundaries of the Edgewood property and is not proposed to extend beyond these limits on any of the protected Open Space properties. It shall be the responsibility of the applicant to ensure that no work shall occur within any protected Open Space area maintained by the Town of North Andover or the Trustees of Reservations during the life of the project and in perpetuity unless otherwise allowed in the Edgewood Farm Restrictions or otherwise allowed by the Trustees of Reservations or The Town of North Andover. 29. The work shall conform to the following (except as noted in the remainder of this document where revisions may be required): Notice of Intent filed by: Edgewood Retirement Community,Inc._(Applicant) C/o Marlene Rotering 575 Osgood Street North Andover,MA 01845 Dated April 27,2007 Notice of Intent prepared by: Nitsch Engineering (Former RePr_esentative ) 186 Lincoln Street, Suite 200 Boston,MA 02111 C:\Winword\OOC\242-1398Edgewood.doe 2 NACC 2/15/2008 DEP FILE # 242 -1398 Secondary/Team Representative: Linbeck One Maquire Road/One Cranberry Hill, Suite 303 Lexington,MA 02421 Site Plans prepared by: Christiansen & Sergi,Inc. (Latter Representative) 160 Summer Street Haverhill, MA 01830 Entitled "Definitive Site Plan,Edgewood Retirement Community". Dated November 1,2007,last revised 2,/1/08. Consisting of Sheets 1 through 19 Stamped & Signed by Philip G. Christiansen,P.E. &Michael J. Sergi,P.L.S. Other Record Plans: Notice of Intent Plans by Nitsch Engineering dated 4/27/07 - includes Existing Conditions Plan by Christiansen & Sergi dated 11/15/06 and Planting Plans by Stephen Stimson Associates dated 4/27/07; Site Plan Review Drawings by Nitsch Engineering dated 5/5/07 revised on 5/29/07 and 6/18/07. Included in these plans are the Existing Consditions Plan by Christiansen & Sergi dated 11/15/06 and revised on 5/17/07. Also includes Landscape Plans by Stephen Stimson Associates dated 6/18/07; Landscaping Plans entitled "Planting Plan",prepared by Stephen Stimson Associates Landscape Architects, Inc. consisting of sheets L2.1 & L2.0, dated December 4, 2007, revised February 1, 2008. Stamped & Signed by Edward Marshall, R.L.A.; Post & Rail Fence and Wood Guard Rail Detail Sketches/Drawings (SK-1 & SK-2) dated February 1, 2008. Stamped &Signed by Edward Marshall, R.L.A.; Mitigation Plan entitled "Buffer Zone Mitigation Plan" (Sheet M1.0), dated February 1,2008; "Pre-Development Conditions Watershed Maps" & "Post- Development Conditions watershed Maps" prepared by Christiansen & Sergi, dated December 10,2007. Other Record Documents: Supplemental Information Report by Nitsch Engineering neerin dated - June 20,2007-includes Appendix A thru N; "Mitigative Drainage Analysis" Reports prepared by Christiansen & Sergi, dated November 1, 2007,revised December 10,2007&January 2,2008; C:\Winword\OOC\242-1398Edgewood.doc 3 NACC 2/15/2008 DEP FILE #242 -1398 Note: there are two (2) separate record Mitigative Drainage Analysis documents as some attachments and calculations were unchanged in the previous submittal and omitted from the final revised report. This is noted on the report with the revision date of January 2,2008. Operation and Maintenance Plan dated February 1,2008; Waiver Request Form and Associated Attachments (Appendix E), signed June 12, 2007; Alternative Analysis (Appendix G) dated June 5,2007; Alternative Analysis Sketch Plans consisting of 7 sheets (SK 1-A, SK 1-B, SK 2-A, SK 2-B, SK 3-A, SK 4-A, SK 5-A) dated June 5, 2007; Planning Board CCRC Special Permit Decision dated January 23, 2008; Planning Board Site Plan Review Special Permit Decision dated January 23,2008. Drainage Reviews: Letter from Lisa Eggleston dated June 27, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated July 5, 2007 RE: response to 6/27 letter; Letter from Lisa Eggleston dated July 18, 2007 RE: Stormwater Management Review; Letter from Nitsch Engineering to Lisa Eggleston dated August 30,2007 RE: Response to 7/18 letter; Letter from Margaret Wheeler, Community Conservation Specialist, The Trustees of Reservations (TTOR), dated July 30, 2007 with attached peer review letter from Horsley Witten Group, Inc. dated July 24,2007; Response Memorandum from Stacey Furlong, Linbeck, to Margaret Wheeler,TTOR,dated August 3,2007; Nitsch Engineering Stormwater Systems Operation and Maintence Plan dated September 7,2007, C:\Winword\OOC\242-1398Edgewood.doc 4 NACC 2/15/2008 DEP FILE #242 -1398 Letter from Horsley Witten Group dated September 10,2007; Letter from Lisa Eggleston dated September 11, 2007 RE: Stormwater Management Review; Letter from Christiansen & Sergi,Inc. dated November 14,2007; Letter from Eggleston Environmental dated November 27,2007; Response letter from Christiansen & Sergi, Inc. dated December 10,2007; Letter from Eggleston Environmental dated December 18,2007, E-mail correspondence from Ellie Baker, Horsley Witten Group,. Inc., dated January 2,2008; E-mail correspondence from Lisa Eggleston, Eggleston Environmental, dated January 3,2008; Letter from Christiansen & Sergi,Inc. dated January 3,2008; E-mail correspondence from Lisa Eggleston,Eggleston Environmental, dated January 8,2008; Response letter from Christiansen & Sergi, Inc. dated January 9, 2008; Final letter from Horsley Witten Group, Inc. dated January 9, 2008; Final review letter from Eggleston Environmental dated January 9,2008. Correspondences: Letter from Alison McKay, North Andover Conservation Administrator, to Sandra Brock P.E., Nitsch Engineering dated March 12,2007; Letter from Nitsch Engineering to Alison McKay dated 5/15/07 RE: Rain Garden Information and Consultant Contracts; Letter from a concerned resident dated August 20,2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated August 24,2007; C:\Winword\OOC\242-1398Edgewood.doc 5 NACC 2/15/2008 DEP FILE # 242 -1398 Letter from North Andover resident, Angelo Giambusso, dated September 27,2007; Letter from Christiansen & Sergi. Inc. for the revised project submission and design changes dated November 1,2007; Letter from Marlene Rotering, Executive Director, Edgewood Retirement Community, dated November 2,2007; Letter from Devine Millimet dated January 15, 2008 regarding Confirmation of Paved Parking Area on Town's Portion of Half Mile Hill. 30. The following wetland resource areas are affected by the proposed work: Buffer Zone to Isolated Vegetated Wetland (local), Buffer Zone to Bordering Vegetated Wetland (BVW) and Bank associated with intermittent stream/drainage channels. These resource areas are significant to the interests of the Act and Town ByLaw as noted above and therein. The applicant has not attempted to overcome the presumption of significance of these resource areas to the identified interests. 31. The NACC agrees with the applicant's delineation of the wetland resource areas on. the site as shown on the approved plans referenced herein and as approved under the previously issued ORAD (242-1375) with exception to the following changes,additions,and/or notations: • A portion of an additional wetland resource area was reviewed and approved under.this project filing,specifically wetland flags W1 through W8. • The buffer zones shown to the east of wetland flag series Y & X on the approved plan are erroneous,wherein this wetland series delineates one side of the boundary only. Therefore, buffer zones on the eastern side of this wetland resource area delineation should not have been depicted on the plans referenced herein and are not approved. • Other buffer zones associated with wetland resource areas not reviewed or approved under this filing or the ORAD filing were added to the record plans erroneously, specifically at the lower portion of the site along Osgood Street and along the main entrance drive off of Osgood Street. Any wetland resource area and associated buffer zones not noted and approved above under this Order or previously approved under the issued ORAD is not approved under this filing. 32. The NACC finds that the intensive use of the upland areas and buffer zone proposed on this site will cause further alteration of the wetland resource areas. In order to prevent any alteration of wetland resource areas a twenty-five foot (25') No-Disturbance Zone and a fifty-foot (50') No- Construction Zone shall be established from the edge of the adjacent wetland resource areas except for the demolition of existing structures, the construction/relocation of "Driveway G", installation of utilities and grading activities within and associated with the relocation of the roadway, the construction of additional walkways, and the implementation of the approved restoration/mitigation areas as approved under this filing. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established C:\Winword\OOC\242-1398Edgewood.doc 6 NACC 2/15/2008 DEP FILE #242 -1398 under the local bylaw. No disturbance of existing grade, soils or vegetation is permitted in the No-Disturbance zone. (See Section 3.4 &Appendix F of the local Regulations). 33. The NACC hereby accepts the alternative analysis and therefore GRANTS-the applicant a waiver for disturbances within the regulated 25-foot No Disturbance Zone (1,587 s.f.) provided that mitigation/restoration of these disturbed areas are conducted in accordance with the approved landscaping and mitigation plans. 34. The NACC finds the applicant's proposal for 7,065 sq. ft. (>2:1 ratio) of buffer zone restoration consisting primarily of meadow areas to remain consistent with the existing natural landscape to be adequate. However,the NACC reserves the right to require alternate species should these species be determined to be more appropriate. 35. Restoration activities shall be conducted in accordance with the approved mitigation and landscaping plans and shall be constructed immediately upon construction of the work in "Area H" and "Area G". This sequence shall be reflected in the construction sequence. 36. A qualified wetland scientist shall monitor the restoration areas for TWO consecutive growing seasons (May and October) following construction of said restoration areas. At the end of each seasonal inspection,a progress report and photographs shall be prepared and submitted to the Conservation Department that describes the survivability,health and vigor of the restoration areas. A total of FOUR separate monitoring reports shall be submitted over a two-year period. If at the end of the first growing season, overall success of restoration activities is not achieved, the NACC reserves the rights to require additional mitigation measures. 37. This document shall be included in all construction contracts, subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the permits terms and conditions,including any formed Management Company or other assignee designated by Edgewood Retirement Community, Inc. Thereafter, any and all the above stated parties and the applicant will be held jointly liable for any violation of this Order resulting from failure to comply with its conditions. 38. The owners of the project and their successors in title, in the event they proceed to alter areas subject to the Commission's jurisdiction under the order, agree that the Order does not in itself impose upon the Town any responsibility to maintain the proposed drainage system and that said Town shall not be liable for any damage in the event of failure. By acceptance of this Order, the owners agree to indemnify and hold harmless to the Town and its residents for any damage attributable to alterations undertaken on this property pursuant to the Order. Maintenance of the drainage system, if accepted by the Town as part of a public way, becomes the responsibility of the Town. 39. Issuance of these Conditions does not in any way imply or certify that the site or downstream areas will not be subject to flooding, storm damage or any other form of water damage. C:\Winword\OOC\242-1398Edgewood.doc 7 NACC 2/15/2008 DEP FILE # 242 -1398 I F PRIOR TO CONSTRUCTION 40. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department or Court have been completed. 41. This Order shall be recorded by the applicant at the Registry of Deeds immediately after the expiration of all appeal periods. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the North Andover Conservation Commission on the form at the end of this Order prior to commencement of the work. Any Order not recorded by the applicant before work commences may be recorded by the NACC at the applicant's expense. 42. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words "Massachusetts DEP,File Number 242-1398." 43. Prior to the commencement of any work, the applicant shall submit to the Conservation Department a copy of the approved NPDES Storm Water Pollution Prevention Plan (SWPPP). 44. Soil and groundwater testing was conducted in several locations on the site in May of 2007 when the original drainage design was proposed. Estimated high ground water elevations were determined in those locations. Pond designs were based on the groundwater elevation data collected at that time. Since that time however, the applicant had redesigned the drainage system. Therefore, additional confirmatory soil testing shall be conducted prior to construction and prior to each building permit application in the locations of the approved stormwater management structures and in the vicinity of each stormtech roof drain infiltration area, to determine soil suitability and high groundwater elevations. Upon completion of testing activities, documentation must be submitted to the Conservation Department for verification of said soil suitability and separation to groundwater. 45. Prior to construction and during a period of low water/flow conditions, the existing detention basin should be thoroughly cleaned and inspected by a qualified engineer and any necessary repairs to the basin or the outlet control structure shall be completed. Cleaning and inspection of the basin shall be ongoing in accordance with the approved Operation & Maintenance Plan referenced herein. C:\Winword\OOC\242-1398Edgewood.doc $ NACC 2/15/2008 DEP FILE #242 -1398 46. During the project review, the outlet from the wetland to the south of the site driveway (Wetland flag series D) was observed to be overgrown or otherwise obstructed resulting in overtopping flows onto the adjacent cart path and onto the Trustees of Reservations property to the south. The flow from this wetland, as well as the discharge from the culvert from Area H should drain toward the wet meadow further to the west on the Edgewood property. In order to preserve the integrity of the cart path and retain the flow on the Edgewood property, the outlet area in this location shall be cleaned and obstructions removed prior to construction activities. 47. Prior to the construction of units G3, G4, G5, H12,1111, H10,and both units labeled H9,the foundation corners and corners of associated decks/patios of these units shall be staked in the field by a Registered Land Surveyor (R.L.S.). Measurements shall be taken and verified by the Conservation Department during the Pre-Construction meeting. 48. Any changes in the submitted plans caused by the applicant, state or federal agency, another Board's decision or resulting from this Order of Conditions must be submitted to the NACC for approval prior to implementation. Said revisions shall be submitted as part of the record filing even if located outside of the buffer zone and therefore outside of the NACC's jurisdiction. If the NACC finds said changes to be significant, the NACC will call for another public hearing (at the expense of the applicant). Within 21 days of the close of said public hearing the NACC will issue an amended or new Order of Conditions. Any errors found in the plans or information submitted by the applicant shall be considered as changes. The proposed project may be still under review by other local or state boards or agencies. This may result in changes to the project plans or wetland impacts. If any such changes occur a revised plan and an explanation of the revisions shall be submitted to the NACC for review and approval prior to the start of construction. No work shall begin on a project until written approval has been granted by the NACC. 49. It is the responsibility of the applicant, owner, and/or successor(s) to ensure that all conditions of this Order of Conditions are complied with. The project engineer and contractors are to be provided with a copy of this Order of Conditions and referenced documents before commencement of construction. 50. Prior to any work commencing on site,the applicant shall submit to the NACC for approval,a detailed sequence of construction,including a dated timetable of construction,the construction of compensation and retention areas,installation of sedimentation/erosion control devices, roadway infrastructure,phasing associated with the development,the construction of the associated stormwater management structures, landscaping activities,and required mitigation/restoration areas. The construction sequence shall specify that the stormwater management structures will be constructed first,prior to any other site preparation This timetable must continue to be updated throughout theproject. C:\Winword\OOC\242-1398Edgewood.doc 9 NACC 2/15/2008 DEP FILE #242 -1398 51. Wetland flagging shall be checked prior to start of construction and shall be re-established where missing. All wetland flagging shall remain visible and enumerated per the approved plan(s) throughout the life of the project and untila Certificate of Compliance is issued so that erosion control measures can be properly placed and wetland impacts can be monitored. The proposed limit of work shall be shall be clearly marked with stakes or flags and shall be confirmed b the NACC. Such markers s shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers should be informed that no use of machinery, storage of machinery or materials, stockpiling of soil, or construction activity is to occur beyond this line at any time. All flags used for the above purposes shall be of a color different from other flagging used on the site. 52. A row of staked hay bales backed by trenched siltation fence shall be placed between all construction areas and wetlands. The erosion control barrier will be properly installed and placed as shown on the plans approved and referenced herein and shall be inspected and approved by the NACC prior to the start of construction and shall remain intact until all disturbed areas have been permanently stabilized to prevent erosion. All erosion prevention and sedimentation protection measures found necessary during construction shall be implemented at the direction of the NACC. The NACC reserves the right to impose additional conditions on portions of this project to mitigate any impacts which could result from site erosion, or any noticeable degradation of surface water quality discharging from the site. For example, installation of erosion control measures may be required-in areas not shown on the plan(s) referenced in this Order of Conditions. Any additional erosion controls necessary shall be discussed in more detail in the field at the pre-construction meeting. The NACC reserves the right to require the installation of these additional erosion controls at the pre-construction meeting or at any time during construction activities. Should such installation be required by the NACC, they shall be installed within 48 hours of the Commission's request. 53. The applicant shall have on hand at the start of any soil disturbance, removal or stockpiling, a minimum of 75 hay bales and sufficient stakes for staking these bales (or an equivalent amount of silt fence). Said bales shall be used only for the control of emergency erosion problems and shall not be used for the normal control of erosion. Said emergency erosion controls shall be on site prior to the commencement of any work and shall verified by the Conservation Department during the pre-construction meeting. 54. A check payable to the Town of North Andover shall be provided in the amount of $70,000 (9 Jurisdictional units -27K; Roadways & Utilities -5K; Stormwater- 17K, Restoration/Mitigation - 21K), which shall be in all respects satisfactory to Town Counsel, Town Treasurer, and the NACC, and shall be posted with the North Andover Town Treasurer through the NACC before commencement of work. Said deposit of money shall be conditioned on the completion of all conditions hereof, shall be signed by a party or parties satisfactory to the NACC, and Town Counsel, and shall be released after completion of the project, provided that provisions, satisfactory to the NACC, have been made for performance of any conditions which are of continuing nature. The applicant may propose a monetary release schedule keyed to completion of specific portions of the project for the NACC's review and approval. This condition is issued under the authority of the local ByLaw. C:\Winword\OOC\242-1398Edgewood.doc 10 NACC 2/15/2008 DEP FILE #242 -1398 55. The applicant shall be responsible for placing signs designating the applicable unit numbers as depicted on the plans approved and referenced herein. 56. The applicant shall designate a Qualified Professional Wetland Scientist as an "Erosion Control Monitor" to oversee any emergency placement of controls and regular inspection or replacement of sedimentation control devices. The name and phone number of the erosion control monitor must be provided to the NACC in the event that this person has to be contacted, due to an emergency at the site, during any 24-hour period, including weekends. Credentials of said Erosion Control Monitor shall be submitted in writing for review and subsequent approval by the NACC. This person shall be given the authority to stop construction for erosion control purposes. The erosion control monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped silt. 57. The applicant and/or the legal. owner of that portion of land upon which these Orders of Conditions have been placed shall provide to the NACC prior to transferring, or assigning any portion of said land to another party, such as a Management Company, Condominium Association or individual, subject to said Orders of Conditions, the "Compliance Certification Form" Affidavit (attached herein) signed under the pains and penalties of perjury, stating that said applicant has read these Orders of Conditions and is in compliance with each and every condition. If portions of said land are transferred to different parties, such as individual unit owners, each party is subject to this Condition. This document shall apply to each of the conditions referenced herein and shall be provided to the Conservation Department at least five (5) business days prior to the closing of said land transaction. 58. Once these above mentioned pre-construction requirements are complete, the applicant shall contact the Conservation Office prior to site preparation or construction and shall arrange an on-site conference with an NACC representative, the contractor, the engineer, the wetland scientist and the applicant to ensure that all of the Conditions of this Order are understood. This Order shall be included in all construction contracts,subcontracts, and specifications dealing with the work proposed and shall supersede any conflicting contract requirements. The applicant shall assure that all contractors, subcontractors and other personnel performing the permitted work are fully aware of the permit's terms and conditions. Thereafter, the contractor will be held jointly liable for any violation of this Order of Conditions resulting from failure to comply with its conditions. The applicant or contractor shall notify the NACC in writing of the identity of the on- site construction supervisor hired to coordinate construction and to ensure compliance with this Order. A reasonable period of time shall be provided as notice of the pre-construction meeting (e.g. 72 hours). C:\Winword\OOC\242-1398Edgewood.doc 11 NACC 2/15/2008 DEP FILE #242 -1398 STORMWATER MANAGEMENT CONDITIONS 59. All construction and post-construction stormwater management systems shall be constructed in accordance with the approved construction sequence, supporting documents and plans submitted with the Notice of Intent, this Order of Conditions an h d the approvedP Operation and Maintenance Plan attached herein. 60. Construction of the stormwater structures shah be constructed and functioning as part of the initial project phase, immediately following clearing and rough grading of the site to serve as siltation control during construction. Runoff from the site shall be directed towards these basins. 61. All stormwater best management practices shall be maintained as specified in the Operation and Maintenance Plan submitted- with the Notice of Intent and incorporated in the Order of Conditions. The approved Operation & Maintenance Plan is fully binding upon the applicant and/or owners, successors, agents, associations, heirs and assigns and must be adhered to in perpetuity. 62. Evidence of maintenance of the stormwater management system shall be provided to the NACC on an annual basis by a Registered Professional Civil Engineer certifying that the drainage system is working as designed and shall include any maintenance invoices for cleaning and repairs. The first report shall be submitted to the NACC as soon as the first stormwater structure goes on-line and reports must continue to be submitted until a Certificate of Compliance is issued. Compliance with the designed stormwater management system and associated stormwater management conditions shall be satisfied prior to the issuance of a Certificate of Compliance. 63. Temporary and/or permanent basins being used for sedimentation and dewatering during construction shall be cleaned of sediment when levels exceed six (6) inches. The basins shall be cleaned of sediment prior to final grading and construction of permanent stormwater basins. 64.Wetland Ponds are proposed as part of the stormwater management design. Pond plantings must be conducted in accordance with the approved plans and documents referenced herein. A qualified wetland specialist must supervise wetland plantings and monitoring must be conducted in the spring and fall for two (2) consecutive years after the planting date. Reports prepared by a qualified wetland specialist shall be submitted following each inspection and must document species survival/distribution,sediment accumulation,water quality and conditions of the pond outlet. 65. All roof runoff shall be directed to the stormtech roof drain infiltrators to provide groundwater rechargePP as shown on the roved plans referenced herein. 66. There shall be no increase in the post development discharges from the storm drainage system or any other changes in post development conditions that alter the post development watershed boundaries as currently depicted in the Notice of Intent and approved by this Order of Conditions. C:\Winword\OOC\242-1398Edgewood.doe 12 NACC 2/15/2008 DEP FILE # 242 -1398 67. Water quality down gradient of BVW's shall not differ significantly following completion of the project from the pre-development conditions. There shall be no sedimentation into wetlands or water bodies from discharge pipes or surface runoff leaving the site. 68. Prior to the issuance of the Certificate of Compliance,the applicant shall be responsible for cleaning all stormwater structures,in accordance with the approved Operation & Maintenance Plan attached herein and the associated stormwater management conditions mandated herein. 69. The applicants, owners, and their successors and assignees, shall maintain all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas, and shall maintain the integrity of vegetative cover on the site. DURING CONSTRUCTION 70. IMPORTANT: Immediately upon completion of the dwelling/unit foundations, and prior to further construction activities associated with the site, the applicant shall complete a plan prepared by a Registered Professional Land Surveyor of the Commonwealth (R.P.L.S.) which accurately depicts the foundation location of those units within the buffer zone and it's proximity to wetland resource areas as approved under this Order of Conditions. Said plan shall be submitted to the Conservation Administrator for review. 71. ON'EVERY MONDAY of each week,.or otherwise arranged by the NACC, in which active construction activities occur in the buffer zone or for as long thereafter as the ground remains unstable, the "Erosion Control Monitor" shall contact the NACC or agent thereof and submit a written report to the NACC certifying that, to the best of his/her knowledge and belief based on a careful site inspection, all work is being performed in compliance with this Order of Conditions and that approved setbacks are being adhered to. The erosion control monitor must visually inspect all sedimentation/erosion control measures and assume responsibility for their maintenance on a weekly basis and that they are functioning as intended. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality impacts. Considering that the project proposes phased development and will therefore be under construction for a period of time, weekly monitoring may be limited for construction activities that are occurring within the buffer zone only. However, development and construction of portions of the drainage system are located outside of the buffer zone, but outlet to jurisdictional areas. Therefore, monthly inspections and reports are required throughout the duration of the project even if construction activities are not actively being conducted in jurisdictional resource areas. The Conservation Administrator has the authority to require additional monitoring reports if necessary. 72. Accepted engineering and Best Management Practices (BMPs) for construction standards shall be followed during construction of all work. C:\Winword\OOC\242-1398Edgewood.doe 13 NACC 2/15/2008 DEP FILE #242 -1398 73. Crushed stone construction entrances shall be designated at each access location as shown on the approved plans referenced herein to minimize soil/material tracking onto the roadways and paved surfaces. These entrances shall be reinforced as necessary throughout the duration of construction. 74. Construction sequencing shall be followed throughout all phases of construction in an appropriate and logical manner as to minimize site access, thereby minimizing any unnecessary impacts to the wetland resource areas. 75. The NACC finds that physical barriers are necessary in several locations to prevent future inadvertent encroachment into the wetland resource areas. Therefore,the installation of a split rail fence shall be installed upgradient to and along the 25' No Disturbance Zone in "Area H" and in "Area G" and the installation of a wood guard rail shall be installed along the edge of a portion of the newly constructed "Driveway G upon completion of construction and as shown on the approved plans and details referenced herein. 76. Additional erosion controls consisting of trenched silt fence shall be placed between the wetland resource areas and the areas to be restored. Erosion controls shall be positioned outside of said restoration areas and shall be located to minimize disturbance to adjacent jurisdictional areas. Erosion controls required for the construction of the restoration areas in the vicinity of wetland series X,Y,.G, &H shall be positioned and located at the direction of the NACC agent. 77.The designated wetland scientist/erosion control monitor shall be on site during buffer zone restoration activities. 78. All existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project shall be protected by Silt Sacks to prevent sediment from entering the drainage system. Silt Sacks shall be maintained and regularly cleaned of sediments until all areas associated with the work permitted by this Order have been permanently stabilized and the NACC and/or Conservation Department has formally approved their removal. 79. Erosion control devices shall be inspected regularly; any entrapped silt shall be removed to an area outside of the buffer zone and wetland resource areas; silt fence and hay bales shall be replaced as necessary. The areas of construction shall remain in stable condition at the close of each construction day. All erosion controls shall be in place throughout the duration of any construction on site or unless otherwise authorized by the Conservation Department. 80. Upon beginning work, the applicant shall submit written progress reports every week detailing what work has been done in or near resource areas, and what work is anticipated to be done over the next period. This will update the construction sequence. 81. All catch basins shall contain oil/gasoline traps, and it shall be a continuing condition of this order, even after a Certificate of Compliance is issued, that the oil/gasoline traps in the catch basins be maintained. All catch basins shall be free of all accumulated silt and debris before Compliance is issued and the owner or his/her agent shall so specify in the request for Compliance. C:\Winword\OOC\242-1398Edgewood.doc 14 NACC 2/15/2008 DEP FILE #242 -1398 82. The sewer lines on the site, where they cross wetland resource areas, shall be tested for water tightness in accordance with North Andover DPW standards. 83. The Erosion Control Monitor shall be on site during and/or following a major storm event of 1 inch of rain or greater to ensure that soils remain stable erosion controls are cur adequate and secure, e, and that all BMP's are adequately functioning. 84. Approved de-watering activities shall be supervised and witnessed by the designated erosion control monitor. This designee must be on-site at all times while dewatering is occurring. De- watering activities shall be conducted as shown on the approved plans and shall be monitored daily by the erosion control monitor to ensure that sediment laden water is appropriately settled prior to discharge toward the wetland resource areas. No discharge of water is allowed directly into an area subject to jurisdiction of the Wetlands Protection Act and/or the North Andover Wetland ByLaw. If emergency de-watering requirements arise, the applicant shall submit a contingency plan to the Commission for approval, which provides for the pumped water to be contained in a settling basin,to reduce turbidity prior to discharge into a resource area. 85. Associated pavement and roadways shall be swept at least bi-weekly (twice per month) or as directed by the Erosion Control monitor, the Site Supervisor, Project Manager, or Conservation staff for as long as the site remains exposed and unstabilized. 86. The entrance access road/drive to the Town owned Open Space area known as Half Mile Hill located off of "Driveway G" on the approved plans shall be constructed and maintained at a minimum width of 20 feet. Further, the current owner/applicant, Edgewood Retirement Community, Inc., and/or any future owner acknowledges said access way and shall not impede/obstruct access to the Town owned Open Space in perpetuity. 87. The applicant has voluntarily agreed, by letter from its Attorney referenced herein, to improve the existing parking area and entranceway to Half Mile Hill at it own expense during construction activities. Improvements shall include, but may not be limited to, access improvements, paving of the existing parking area, and the installation of signage. The scope of work and project details shall be provided by the Conservation Commission prior to the commencement of said improvement activities. As such, the applicant shall notify the Conservation Commission at least seven (7) days in advance of anticipated activities of this work in order for the Conservation Commission to prepare and provide the applicant's contractor with the necessary documentation and plans to conduct said work. In addition, the Town shall be responsible for obtaining all necessary permits and approvals prior to said work. 88. After land development construction is complete and the temporary use of the Wet Ponds as siltation controls are dismantled, the applicant must visually observe and document high groundwater conditions within the excavated ponds to determine if hydrology is adequate to support the proposed wetland vegetative communities. Plans shall be submitted for review depicting proposed pond elevations suitable for sustaining the proposed zoned wetland communities. C:\Winword\OOC\242-1398Edgewood.doe 15 NACC 2/15/2008 DEP FILE # 242 -1398 89. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts on any of the foregoing. 90. All exposed soil finish grade surfaces shall be immediately landscaped and stabilized, or loamed, seeded and mulched, with a layer of mulch hay. All disturbed areas must be graded, loamed and seeded prior to November 1St of each year. Outside of the growing season, exposed soil finish grade surfaces shall be stabilized with a layer of mulch hay until climate conditions allow for seeding. No exposed area shall remain unfinished for more than thirty (30) days, unless approved by the NACC. 91. No re-grading in the buffer zone shall have a slope steeper than 2:1 (horizontal: vertical). Slopes of steeper grade shall be rip-rapped to provide permanent stabilization. 92. Equipment shall not be staged overnight within 100-feet of a wetland resource area, excluding the construction of "Driveway G". The erosion control monitor shall closely monitor the construction of "Driveway G" and shall ensure that if equipment is stored overnight for said construction, it shall be stored in a location as far as practicable from any wetland resource area. 93. There shall be no stockpiling of soil or other materials within twenty-five (25) feet of any resource area. Soils shall be stockpiled in those locations as depicted on the approved plan referenced herein or other suitable locations as determined by the NACC. Further, all soil stockpile areas shall be adequately protected and surrounded by appropriate erosion controls measures. 94. Washings from concrete trucks, or surplus concrete, shall not be directed to, any drainage system, or wetland resource area. 95. All waste generated by, or associated with, the construction activity shall be contained within the construction area, and away from any wetland resource area. There shall be no burying of spent construction materials or disposal of waste on the site by any other means. The applicant shall maintain dumpsters (or other suitable means) at the site for the storage and removal of such spent construction materials off-site. However, no trash dumpsters will be allowed within 50' of areas subject to protection under the Act or local ByLaw. 96. During and after work on this project, there shall be no discharge or spillage of fuel, or other pollutants into any wetland resource area. If there is a spill or discharge of any pollutant during any phase of construction the NACC shall be notified by the applicant within one (1) business day. No construction vehicles are to be stored within 100 feet of wetland resource areas, and no vehicle refueling, equipment lubrication, or maintenance is to be done within 100 feet of a resource area. C:\Winword\OOC\242-1398Edgewood.doc 16 NACC 2/15/2008 DEP FILE #242 -1398 AFTER CONSTRUCTION 97. No underground storage of fuel oils shall be allowed on any lot within one hundred (100) feet of any wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland protection ByLaw. 98. Fertilizers utilized for landscaping and lawn care shall be slow release, low-nitrogen types (< ,5%), and shall not be used within 25 feet of a resource area. Pesticides and herbicides shall not be used within 100 feet of a wetland resource area. This condition shall survive this Order of Conditions and shall run with the title of the property. This condition is issued under the authority of the Town's Wetland Protection ByLaw and shall remain in perpetuity. 99. No road salt, sodium chloride, or other de-icing chemicals shall be used on paved surfaces in the buffer zone, and any arrangement for snow removal shall so stipulate due to the importance of the site and wetlands. The approved O & M plan stipulates snowplowing procedures for the site. In addition, the NACC finds that as stockpiling of snow is needed, permanent signs designating "No-Salt Zone" and "No-Snow Stockpiling Zones" shall be displayed in prominent locations as approved by the Conservation Department. 100. Prior to the issuance of a Certificate of Compliance, the applicant must submit proof of contract to the Conservation Department in the form of a written and signed document from the assignee(s) responsible for conducting the perpetual site maintenance in accordance with the Operation & Maintenance Plan and perpetual conditions mandated in this Order. In addition to this contract, the applicant shall submit an Affidavit from the assignee (s) acknowledging the Operation & Maintenance responsibilities of the stormwater management systems in accordance with the approved Operation & Maintenance Plan and other perpetual conditions mandated in this Order. 101. Upon completion of work, the applicant shall permanently mark the edge of the "25' No- Disturbance Zone" either on installed posts, existing trees, or along the approved split rail fence behind the units in "Area H" and behind the units in "Area G" with twenty-eight (28) signs or markers spaced evenly every 40 feet incorporating the following text: "Protected Wetland Resource Area" (available at the Conservation Department). In addition, eleven (11) of the same signs or markers shall be placed in the same manner along the 25' No Disturbance Zone starting from the end of the wood guard rail upgradient to wetland flag G5 ending at the 25' No Disturbance Zone upgradient to wetland flag J5. This will designate their sensitivity and assure no further inadvertent encroachment into the wetland. These permanent markers are subject to review and approval by the NACC. The applicant shall instruct all agents to explain these markers to buyers/lessees/landscapers and all persons taking over the property from the applicant. 102. There shall be no dumping of leaves, grass clippings, brush, or other debris into a wetland resource area or within 25 feet of a wetland resource area. This condition shall remain in perpetuity. C:\Winword\OOC\242-1398Edgewood.doc 17 NACC 2/15/2008 DEP FILE #242 -1398 103. Upon completion of construction and grading, all disturbed areas located outside resource areas shall be stabilized permanently against erosion. This shall be done either by loaming and seeding according to SCS standards. If the latter course is chosen, stabilization will be considered complete once vegetative cover has been achieved. 104. Upon approved site stabilization by Conservation staff, the erosion controls shall be removed and properly disposed of and all exposed unvegetated areas shall be seeded. 105. Upon completion of construction and final site stabilization, the applicant shall submit the following to the Conservation Commission as part of a request for a Certificate of Compliance: a. WPA Form 8A -"Request for a Certificate of Compliance. b. A letter from the applicant requesting a Certificate of Compliance. c. The name and address of the current landowner. d. Signed statements from individual unit owners shall be submitted with the request for a Certificate of Compliance indicating that they read and understood the recorded Order of Conditions prior to purchasing their unit. e. The name and address of the individual/trust or corporation to whom the compliance is to be granted. f. The street address and assessor's map/parcel number for the project. g. The DEP file number. h. A written statement from a Registered Professional Civil Engineer of the Commonwealth certifying that the work has been conducted as shown on the plan(s) and documents referenced above, and as conditioned by the Commission detailing any deviations that exist, and their potential effect on the project. A statement that the work is in "substantial compliance with no detailing of the deviations shall not be accepted. i. An "As-Built" plan prepared and signed and stamped by a Registered Professional Civil Engineer and Registered Professional Land Surveyor of the Commonwealth. This plan will include: ➢ "As-Built" post-development elevations of all drainage & stormwater management structures constructed within 100 feet of any wetland resource area. NOTE: If portions of the stormwater systems exist partially within the Buffer Zone than the entire structure must be depicted to accurately verify compliance. ➢ "As-Built" post-development elevations and grades of all filled or altered wetland resource areas including the encompassing buffer zone, which is regulated as a resource area under the local Wetland Protection Bylaw. ➢ Distances from structures to wetland resource areas. Structures include (but are not limited to) septic systems, additions, fences, sheds, stone walls, pools, retaining walls, subsurface utilities and decks. ➢ A line showing the limit of work and the extent of existing erosion control devices. "Work" includes anv disturbance of soils or vegetation. ➢ Location of all subsurface utilities entering the property. C:\Winword\00142-1398Edgewood.doc 18 NACC 2/15/2008 DEP FILE # 242 -1398 106. The following special conditions shall survive the issuance of a Certificate of Compliance (COC) for this project: ➢ 25' No-Disturbance Zone and a 50' No-Construction Zone shall be established from the edge of adjacent wetland resource areas except in those locations approved under this filing. Future work within 100' of existing wetland resource areas will require a separate filing with the NACC. The Conservation Administrator and/or other agents of the NACC do not have the authority to waive these setbacks as established under the local ByLaw (Condition#32); ➢ Prohibition of any activities on the surrounding protected Open Space properties unless otherwise allowed by the Trustees of Reservations or The Town of North Andover (Condition#28); ➢ Prohibition of impediment/obstruction of the access way to the adjacent Town Open Space property (Condition#86); ➢ Maintenance of all culverts, collections basins, traps, outlet structures, subsurface storage areas, and other elements of the drainage system, unless put into an easement to the Town of North Andover, in order to avoid blockages and siltation, which might cause failure of the system and/or detrimental impacts to on-site or off-site resource areas (Condition #69); ➢ All catch basins shall contain oil/gasoline traps and shall be maintained (Condition #81); ➢ Discharge or spillage of pollutants (Condition#96); ➢ Prohibition of underground fuels (Condition#97); ➢ Limitations on the use of fertilizers, herbicides, road salts, de-icing compounds and pesticides (Conditions #98 & #99); ➢ Prohibition of dumping of leaves, grass clippings, brush, or other debris (Condition #102); ➢ The approved "Stormwater Operations and Management Plan", including Best Management Practices. No additional filings will be required to conduct maintenance of the above referenced system and plan (Condition#61). C:\Winword\OOC\242-1398Edgewood.doc 19 NACC 2/15/2008 DEP FILE #242 -1398 APPENDIX A -AFFIDAVIT I, on oath do hereby depose and state: (authorized agent of applicant and/ or owner) (PLEASE CHECK AT LEAST ONE BLOCK) 1) I am the of (position with applicant) (applicant's name) the applicant upon whom the Order of Conditions have been (DEP or NACC File#) placed upon by the North Andover Conservation Commission(NACC). and / or 2) I am the of (position with owner) (owner) the owner upon whose land Order of Conditions have been (DEP or NACC File#) placed upon by the NACC. ♦ I hereby affirm and acknowledge that I have received said Order of Conditions and have read the same and understand each and every condition,which has been set forth in said Order of Conditions. ♦ I hereby affirm and acknowledge that on this day of 20 , I inspected said property together with any and all improvements, which have been made to the same and hereby certify that each and every condition set forth in the Order of Conditions are presently in compliance: ♦ I hereby affirm and acknowledge that this document will be relied upon by the NACC, as well as any potential buyers of said property,which is subject to the Order of Conditions. Signed under the pain and penalties of perjury this day of ,20 (Authorized agent of applicant or owner) C:\Winword\OOC\242-1398Edgewood.doc 20 NACC 2/15/2008 Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass. V) Operation and Maintenance Plan February 1, 2008 NOTE: This Operations and Maintenance Plan is to be applied to all structural best management practices on the properties owned and maintained by RECEIVED Edgewood Retirement Community, Inc. FFR 0 12008 I) I. Stormwater Management System Owners NORTH ANDOVER CONSERVATION COMMISSION The owner of the facility; Edgewood Retirement Community, Inc, herein referred to as the FACILITY OWNER shall be the owner of the associated drainage structures and maintenance of said structures. 11. Parties Responsible for Operation and Maintenance: The general contractor of the project shall be responsible for the operation and maintenance of the stormwater management systems during construction. Upon completion of the project, the facility owner shall be responsible for the operation and maintenance of the stormwater management system III. Inspection and Maintenance: a) Erosion Control shall be inspected and maintained/reinforced on a daily basis during construction. b) All exposed soil finish surfaces shall be immediately landscaped and stabilized; or loamed, seeded and mulched with a layer of mulch hay. Outside of the growing season, surfaces shall,be covered with a layer of mulch hay until climate conditions allow for seeding. C) Immediately upon installation of any catch basin or storm drain, erosion control devices shall be set and staked around the inlet to prevent sediment from entering the drainage system prior to paving. d) All stockpile areas are to be covered,and should have a double row of haybales staked at the base. e) During construction, all drainage structures shall be cleaned on an as needed basis and/or after heavy rainfalls. Prior to the placement of any impervious materials on site, all drainage structures shall be properly installed and functional. After construction, the inspection of catch basins, including the oil and grease traps, shall be performed on a four times per year basis. The basins are to be cleaned at least once per year (after spring street sweeping) to prevent blockage. If it is found at the time of cleaning that the depth of the accumulated sediment is greater than 50% of the depth of the sump, the maintenance schedule shall be adjusted to include more frequent cleanings. Disposal of the accumulated sediment and hydrocarbons must be in accordance with applicable local, state, and federal guidelines and regulations. Structural repairs will be performed as needed. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. f) During construction (after paving) street sweeping shall be performed on a monthly basis to remove sediment before it enters the catch basins and drainage swales. After construction, street sweeping shall be performed with a vacuum type machine on monthly basis during the spring, summer and fall seasons. g) StormTech Infiltration Chambers shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. h) StormCeptor particle separators shall be inspected quarterly and maintained in accordance with the manufacturer's suggested maintenance schedule. i) After construction, the detention areas and sediment forebay shall be inspected twice annually, in the spring and early fall, for the failure or erosion of side slope embankments, integrity of the outlet control structure and for accumulated sediment. Necessary sediment removal, earth repair, and/or reseeding will be performed immediately upon identification. Sediment shall be removed from the existing detention basin and sediment forebay on an annual basis. Disposal of the accumulated sediment must be in accordance with applicable local, state, and federal guidelines and regulations. The grass on the detention area berms and side slopes, as well as in the drainage channels shall be mowed to a height no less than 4-inches, and grass clippings, organic matter, and accumulated trash and debris removed, at least twice during the growing season. Sediment shall be removed from the detention area when the sediment accumulates to an average depth of three inches (50% of the basin sump). Removal procedures shall not take place until the floor of the basin is thoroughly dry. j) Upon completion of construction, the pocket wetlands should be cleaned of sediment that may have accumulated during the construction. The wetland shall be planted with New England Wetmix (or equivalent)seed mixture at a rate no less than 1lb./2,500-sf. The stormwater wetland should be dewatered at least three days prior to planting. k) Sediment should be removed from the deepwater micropools in the pocket wetlands annually, in late summer when there is little standing water in the wetland. 1) The large existing detention basin to the south of the access drive shall be cleared of sediment below the 12" orifice in the existing outlet control structure. This should be done during a dry period when minimal water is standing in the existing basin, preferably in late summer. Upon removal of sediment the floor of the basin is to be stabilized with a wet meadow seed mixture applied at the same rate specified for the proposed constructed wetlands on the project. Mitigative Drainage Analysis "Edgewood Retirement Community" -North Andover, Mass. m) Snow should be plowed to the vegetated shoulders along all drives where it can melt over pervious surfaces. Snow shall NEVER be place in wetlands or storm water treatement areas. Ever effort should be made to limit the use of de-icing compounds on site. n) Grass clippings, yard waste, debris and compost material are not to be disposed of in resource areas and/or their buffer zones. Materials to be composted should be stored outside jurisdictional buffer zones and covered. Erosion control should be provided at the downgradient slope of all compost piles. IV. Erosion and Sedimentation Control Techniques: The erosion and sedimentation control measures to be employed on the project site will include the following: • Silt Fence and Hay Bale Barriers • Catch Basin Inlet Protection • Crushed Stone Construction Entrance/Exit • Vegetative Slope Stabilization V. Construction Sequencing At all areas, erosion control will be put in place before any construction activity occurs. The utilities and roadways for cottage areas will be done first, with the construction of the cottages to follow. The sequence of construction for the various components of the project is planned to be the following: 1. Area G&H (concurrently) 2. Expansion for Social Day Program and Bistro 3. Expansion for Cognitive Impaired Unit 4. Area A cottages Typical construction sequencing for each phase to be as follows: 1. Install erosion control in accordance with the plans; 2. Inspect erosion control placement with designated monitor; 3. Clear trees (if necessary) within phase area; 4. Stump and grub tree clearing areas; 5. Install stabilized construction entrances; 6. Cut and grade soil stockpile areas; 7. Begin construction of site driveways and phase utilities; 8. Begin building pad construction, Mitigative Drainage Analysis "Edgewood Retirement Community" - North Andover, Mass. Dewatering: Should dewatering be required for construction a temporary settling basin shall be excavated at the most upgradient point outside of the 50-foot buffer and/or outside the 100-foot buffer if feasible. The temporary settling basin shall be lined with 6-inches of 3/4- inch stone. Groundwater shall be pumped uphill to the settling basin. The discharge from the basin shall be directed to a swale with crushed stone check dams every 15- feet. The swale shall taper to a level spreader to disperse flow. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special Ll 0 condition pursuant to General Conditions#4, from the date of issuance. 1. Date of Is ante Please indicate the number of members who will sign this form: 4 This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Region if not filing electronically, and the property owner, if different from applicant. Signatures: Notary Acknowledgement Commonwealth of Massachusetts County of Essex North On this ) Day of Month Year Before me, the undersigned Notary Public, S^e o f-�- personally appeared Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Massachusetts License Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of North Andover Conservation Commission Cityfrown �rWI1U DONNA M.WEDGE NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS � KVCoom.ExpimsAug.7 2009 Signature of Notary Public _ Z>1h17'4 �V 4'2-:/-96;E Printed Name of Notary Public Place notary seal and/or any stamp above 'e-- 7Za0,0I My Comrr issi Expires(Date) This Order is issued to the applicant as follows: LJ b hand delivery on b certified mail return receipt requested, o Y rY ❑ Y p q n S O Date Date Page 7:of 9 wpaforrn5.doc• rev.3/11050 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaform5.doc• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 242-1398 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. North Andover Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: North Andover Conservation Commission Please be advised that the Order of Conditions for the Project at: 575 Osgood Street and 549 Osgood Street 242-1398 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex North County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpaform5.doc• rev.3/1/05 Page 9 of 9 L I N B E C KT"' (,. Please time stam both copies and return on Ippolito. Th T A August 31, 2007 Mr. Lincoln Daley North Andover Planning Department 1600 Osgood Street North Andover,MA 01845 Re: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street, North Andover, MA Dear Mr. Daley, On behalf of the Applicant, Edgewood Retirement Community, Inc.,we respectfully request that tl �Andover Planning Board continue without discussion the Public Hearing on tho hi;Qve-referenced Project from Tuesday September 4h, 2007 to Tuesday September 18''9 2007. Should you have any questions or require additional information, please do not hesitate to contact me at(781) 372-1157. S incerely,� ace F ong Team ager One Maguire Road • Lexington, Massachusetts 02421 • 781.372.1100 Fax: 781.372.1199 • www.linbeck.com ..... .... .... .... a.uDcn 10002 Ir Please tim&90V both copies d 2001 JUL 17 FM q return on copy to May jWlito. Thank you. 6 ^' June 26, 2007 MASSE= ' Y a Mr. Lincoln Daley North Andover Planning Department 1600 Osgood Street North Andover, MA 01845 Re: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street, North Andover, MA Dear Mr. Daley, On behalf of the Applicant, Edgewood Retirement Community, Inc., we respectfully request that the North Andover Planning Board continue the Public Hearing on the above. referenced Notice of Intent from Tuesday June 26, 2007 to Tuesday July 17th, 2007. Should you have any questions or require additional information, please don't hesitate to contact me at 781-372-1157. nncerely, tI ong Teager RECEIVE[) JUN NOR,h h"U(NER PLANMI 6 DEPART- MejgT ons, Maguire Awad Lexington, Mansachu,atts 02921 751.372.1100 Fax: 761.372.1199 www.l.i:nbeck.c:csn ,•m,rM'�o .. o 4 Y Y Y TOWN OF NORTH ANDOVEREL SPEGIA , , r ZONING BOARD OF APPEALS PERM NAME Edgewood Retirement Community, Inc. 70CT pfj 2: ADDRESS OF APPEAL 575 & 549 Osgood Street Tmn Ciwkrime Stam o Procedure & Requirements for an Application for a Special Permit . G Ten (10) copies of the following information must be STEP 6•SCHEDULING OF HEARING AND submitted thirty(30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and The information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party in Interest fee, e�tih'oner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1:ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and The petitioner picks up the legal notice from the Office receivers a Zoning Bylaw Denial farm completed by the of the Zoning Board of Appeals and delWers.the legal Building Commissioner. notice to the local newspaper for publication. STEP 2c SPECIAL PERMIT APPLICATION FORM STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Special Permit. All information The petitioner should appear in his/her behalf, or be as required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on`behalf of the petition,the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has received to date. Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be STEP 4: LIST OF PARTIES IN INTEREST: sent to all parties in interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch.40A sec. 17,within twenty(20)days after the decision is filed with the Town Clerk.. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and 10 Xerox copies STEP 10: RECORDING THE DECISION AND PLANS. of all the required information to the Town Cleric's Office The petitioner is responsible for recording certification of to be certified by the Town Clerk with the time and date the decision, Mylar,and any accompanying plans at the of filing. The original will be left at the Town Cleric's Essex County North Registry of Deeds,384 Merrimack Office, and the 10 Xerox copies will be left with the St., Lawrence MA 01843,and shall complete the Zoning Board of Appeals secretary. Certification of Recording form and forward it to the Zoning Board of Appeals and the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services Town Hall 1600 Osgood Street 120 Main Street Building 20, Suite 2-36 North Andover, Massachusetts 01845 978-688-9542 fax for Community Development offices 978-688-9501 Town Clerk's Office 9 -9545 Building Department 9788-9566 Assessor's Office 9F8 8-6 8-9541��'2oning Board of Appeals Office ' (a► Z07 ' `` PAGE 1 of 4 �� OF APPEALS PAGE 2 OF 4 Date &Time Stamp North ANDOVER ZONING BOARD OF APPEALS application fora SPECIAL PERMIT Please complete alf items 1` .10 below`.,`. ` .;,_� :: , 1. Petitioner: *Name, *Address and telephone number: i Edgewood Retirement Community, Inc. (Attn. Marlene Rotering) 575 Osgood Street North Andover, MA 01845 978-725-3300 J *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number and number of years under this ownership: (A) (575 Osgood) Edgewood Retirement Community. Inc (b) (549 Osgood) Edgewood Retirement Properties, LL Years Owned Land: (A) 11+ years (B) 2+ years 3. Location of Property: a. Street: 575 and 549 Osgood Street Zoning District: R-2 b. Assessors: Map Number 36 Lot Number. 3, 17 8 & 1 c. Registry of Deeds: Book Number (A) 4378 Page.Number: (A) 115 (B) 9223 (B) 177 4. Zoning Bylaw Section(s) under which the petition for the Special Permit is made. Section 13 5 d 1 Perimeter Setback of 1001 in a CCRC (Continuing Care Retirement Center) &2wuw==zm=7shw=Y& and Section 9. 1 Non-Cnnforming *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner. 5. Describe the Special Permit request: See Additional Sheet-5 .attached hereto. i I i The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. f Pa9 e3of4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERM 6A. Existing Lot(s): Frontage Parking Minimum Lot Setback Lot Area Open Space Percent Lot Feet Spaces front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage See Additional Sheet 6 % 6B. Proposed Lot(s): Frontage Parking Minimum Lot Setback Lot Area Open Space Percent Lot Feet Spaces Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage See Additional Sheet 6 % E 6C. Required Lot: (As required by Zoning Bylaws&Table 2)) Frontage Parking Minimum Lot Setback Lot Area Open Space Percent Lot Feet 9 Spaces Front Side A Side 8 Rear Sq. Ft. Sq. Ft. Coverage See Additional Sh % 7A. Existing Building(s): Number Ground Floor Number of Total Use of NUnits Square feet Floors Sq.feet Building* See Additional Sheet 7A *Reference Uses from the Zoning Bylaws&Table 1. *"State number of units in building. 7B. Proposed Building(s): Number Ground Floor Number of Total Use of NUnits** Square feet Floors Sq.feet Building* See Additional Sheet 7B *Reference Uses from the Zoning Bylaws&Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): rm, which is the official form of the Zoning Board of Appeals. Every Every application for a Special Permit shall be made on this fo application shall be filled with the Town Clerk's Office. It shall behresponsibilityedbhe Tof the petitierk onerthe tZoningfurnish Boardall of Appeals documentation with this application. The dated copy of this applicationY does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to mply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a disrr�i� �fi� i on S16.compl te. EDGE ETI NNT PRO RTIES LL B SI natufe glen Rat ring, M age len G oterin , Execu ive irector_ Type above ame s he e PAGE 4 OF 4 SPECIAL PERMIT 9. WRITTEN DOCUMENTATION In One(1)Mylar,with one block for Registry Use Application for a Spectral Permit must be supported by a Only, and one block for five(5)ZBA signatures and legibly written or typed memorandum setting forth in date. detail all facts relied upon. When requesting a Special M Plan shall be prepared,stamped and certified by Permit from the requirements of MGLA ch.40A, and the a Registered Professional Land Surveyor. Please North Andover Zoning By-laws, all dimensional note that plans by a Registered Professional Engineer, requirements shall be clearly identified and factually Registered Architect, and/or a Registered Landscape supported. All points, 1-6,are required to be Architect may be required for Major Projects. addressed with this application. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1.The particular use proposed for the land or structure. 1. north point 2.The specific site is an appropriate location for such 2. zoning district(s) use, structure or condition. 3. names of streets 3.There will be no nuisance or serious hazard to 4. wetlands(if applicable) vehicles or pedestrians. 5. abutters of property,within 300'radius 4.Adequate eq and appropriate facilities well be provided 6. locations of buikiirgs on adjacent properties r for the proper operation of the proposed use. within 50'from applicants proposed structure 5.The use is in harmony with the purpose and intent of t 7. deed restrictions,easements. Zoning Bylaw. H) Legend&Graphic Aids shall include: S.Specific reference and response to the criteria 1. Proposed features in solid lines&outlined in red requires by the particular Spedal Permit for which 2. Existing features to be removed in dashed lines this application is made(i.e.the Earth Removal 3. Graphic Scales Special Permit has unique criteria and submittal 4. Date of Plan requirements.). 5. Title of Plan 6. Names addresses and phone numbers of the 10. PLAN OF LANDapplicant,owner of record, and land surveyor. Each application to the Zoning Board of Appeals shall ` 7. Locus. be accompanied the fol pa by lowing describedtan. Plans p 10 D. Minor Projects must be submitted with this application to the Town Minor projects,such as decks,sheds, Cleric's Office and ZBA secretary at least thirty(30)days eds,and garages, prior to the public hearing before the Zoning Board of shall require only the plan information as indicated with appeals. an. asterisks(*). In some cases further information may be required A set of building elevation plans by a Registered 11. APPLICATION FILING FEES Architect may be required when the application involves new construction/a conversion/and/or a A. Notification fees:Applicant shall provide a proposed change in use. check or money order to:'Town of North Andover for the cost of first class, certified, return receipt($5.21 as 10 A. Major Projects of May 2007)x#of all parties in interest identified in MGLA ch.40A§11 on the abutter's list for the legal Major projects are those,which involve one of the notice check. Also,the ct shall supply first class following whether existing or proposed: postage stamps(currently 41¢)x the#of parties of I)five or more parking spaces, interest on the abutter's list for the decision mailing. II)three(3)or more dwelling units, B. Mailing labels:Applicant shall provide four(4) Iln 2000 square feet of building area. sets of mailing labels no larger than 1"x2-5/8"(3 copies for the Legal mailing and one copy for the Decision Major Projects shall require that in addition to the above mailing). features, plans must show detailed utilities, soils, and C. See 2005 Revised Fee Schedule. topographic information. [DO A Special Permit once granted by the ZBA will *10. B.*Plan Spermcations: lapse in 2(two)years N not exercised and a new 1) Size of plan: Ten (10)paper copies of a plan not petition must be submitted. ®® to exceed 11"x1 T, preferred scale of 1"=40' a N°aTM Zoning Bylaw Review Form Town Of North Andover p Building Department 1600 Osgood Street, Building 20, Suite 2-36 s•,..°: ` � North Andover,MA. 01845 Sceustt Phone 978-688-9545 Fax 978-688-9542 Street: 575&549 Os ood Street Ma /Lot: 36/3,17,18,&19 Applicant: Ed ewood Retirement Community,Inc. Request: Convert existing milk barn into 2 dwelling units Date: 10-11-07 Zoning District R-2 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient information B Use 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient X 3. Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient 1 Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 1 Sign Compiles 5 Insufficient Information 3 1 Insufficient Information. E Historic District g2Parkilng ng 1 In District review required Parking Required 2 Not in district X Complies icient Information Ra edy for the above is checked below. Item# Special Permits Planning Board Item# _ Variance B-4 Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign B-4 Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit B-4 Special Permit Pre-existing,Non- Conformin Watershed Special Permit Supply Additional Information OSGOD Special Permit C-3 Finding The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the.above reasons for DENIAL. Any inaccuracies,misleading Information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the ab ee�file,..You must file ew building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: B-4 A Site Plan Special Review is required from the Planning Board under Section 8.3.2 iii of the Zoning Bylaw"Any construction,site improvements,new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property;traffic circulation;stone water drainage onto or off of the site;and/or the application of the parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking aces."in order to convert the milk barn to a two family dwelling. B-4 A Special Permit is required from the Planning Board per Section 13.1 Establishment..."The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section."of the Zoning Bylaw in order to construct the proposed new units. B-4, A Special Permit and/or a Finding from the Zoning Board of Appeals C-3&6 is required in order to alter/rehabilitate the pre-existing,non-conforming milk barn which lies within the 100' setback perimeter of the Continuing Care Retirement Center per Section 9.1 Non-Conforming Uses"...Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land maybe continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming,but such building or use shall not at any time be changed, extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated,or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses,however,maybe extended or altered,provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change,extension,or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood..."of the Zoning Bylaw Referred To: Fire J Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 EDGEWOOD RETIREMENT PROPERTIES, LLC EDGEWOOD RETIREMENT COMMUNITY, INC. 575 OSGOOD STREET NORTH ANDOVER,MA 01845 (978) 725-3300 October 11, 2007 North Andover Zoning Board of Appeals 120 Main Street North Andover,MA 01845 Petitions for Finding and Special Permit(the"Petitions") Petitioner: Edgewood Retirement Community,Inc. Properties: 549 Osgood Street,North Andover, MA (Map 36,Parcel 17, 18 & 19) and 575 Osgood Street,North Andover, MA (Map 36,Parcel 3) Owner: Edgewood Retirement Properties, LLC and Edgewood Retirement Community, Inc. To the Zoning Board of Appeals: This will confirm that Edgewood Retirement Properties, LLC ("ERP") is the record title owner of 549 Osgood Street; said Property is the land which is the subject of the Petitions brought by Edgewood Retirement Community, Inc. ("Edgewood Retirement"). This will further confirm that Edgewood Retirement Community, Inc. is the record title owner of 575 Osgood Street. ERP hereby authorizes, and confirms its authorization to,Edgewood Retirement to file the Petitions for the Property, in as much as ERP will be transferring ownership of the Property to Edgewood Retirement upon successful completion of the permitting process (which had started earlier this year with the Conservation Commission,is now before the ZBA, and will continue through the Planning Board for Special Permits,and the Conservation Commission for an Order of Conditions). This will further confirm that ERP is the 100% subsidiary of Edgewood Retirement. For the sake of convenience,title to the Property when it was purchased from Mr. Rogers in 2004 was taken in the name of ERP, due to the fact that Edgewood Retirement's expansion plans were only just then beginning to be formulated. As can be seen by the filing of the current Petitions for a Finding and/or Special Permit to alter the Milk Barn,the Expansion Plans have coalesced into the current Program only after a careful, methodical consultation with Edgewood Retirement's resident community and various Town of North Andover Boards and Officials. Ia c 14327164 4 10 47023.1} OCA 1 � BOARD O ,,,!PPEALS Should you have any questions,require any further information about this matter, please do not hesitate to contact me, or the attorney for Edgewood Retirement and for the Owner,Attorney Robert W. Lavoie of Devine Millimet&Branch,P.A. located in Andover,MA who can be reached at(978)475-9100. This will further confirm that Attorney Lavoie is fully authorized on behalf of Edgewood Retirement Properties, LLC and Edgewood Retirement Community, Inc. to act as their agent in signing and delivering the Petitions and all other related documents to the ZBA. Very truly yours, EDGEWOOD RETIREMENT PROPERTIES,LLC By: Marie e G. Rotering, anager EDGEWOOD RETIREMENT COMMUNITY, INC. r By: Marle e G. Rotering, Executive Director {1432 N4824W 14'7023.1} APPLICATION FOR A SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 5 Description of the Special Permit Request Petitioner respectfully request a Special Permit under North Andover Zoning Bylaw Section 9.1 in order to alter/rehabilitate the existing Milk Barn, a pre-existing non-conforming structure which lies within the 100' setback perimeter required in a Continuing Care Retirement Center (CCRC)) per Section 13.5.d.1 Perimeter Setback..."No Building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel." {14327\64824\A0146890.1} APPLICATION FOR A SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6 ANALYSIS OF CCRC ZONING REQUIREMENTS Scenario #1: Defines the Current Compliance with the Zoning Requirements. This - assumes the community remains as it is today, without the additional land, and without any additional units or expansion to the commons building Scenario #2: Defines the Compliance with the Zoning Requirements if the original lot of land was developed with the proposed expansion of the support facility and (8) cottage units were constructed next to the existing Building 7000. Note,the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals. Scenario #3: Defines the Compliance with the Zoning Requirements if the new land were to be considered separate from the original 62 acres of land. This scenario includes the development of the 16 cottage units,the renovation of the existing barn and house to 3 units, and the restoration of the existing Horse Barn and Maintenance Barn. Note,the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals Scenario #4: Defines the Compliance with the Zoning Requirements when all lots of land are combined as one contiguous 82 acre lot of land. This scenario includes the 24 cottage units+the 3 units in existing structures, the restoration of the 2 barns, and the full expansion of the support facility. Note, the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals For your information,we have included a detailed breakdown of the building footprint coverage, the gross floor area, and the land that is included in the calculation of the Gross Floor Area, Building Coverage, and Common Open Space. With the exception of the 100' Setback Requirement, all scenarios are in compliance with the zoning requirements set forth in Article 13.5 of the North Andover ByLaw for Continuing Care Retirement Center Special Permit. Zoning Board Table Bylaw Requirements Scenario#1 s Scenario#4 Current Special Existing+ Permit r New lot Ref IDescription Value Value M. W- ;, VIM Value 13.5a Lot Size 25 acre minimum 62 acres 82 acres 13.5b Permissable Density Max 250 Units 219 units a 246 units Allowed 3.5 units/acre _, t 3 units/acre 4 units/acre 13.5b Ratio of Independent Dwelling Units Less than 15%of N/A F ua g' 11% (Cottages)to Total Number of Units total units 13.5b Floor Area Ratio Less than 0.25 0.13 0.12 13.5c Lot Coverage Less than 25% 5.0% 5.9% 13.5d/1 Perimeter Setback 100 Ft 110'@ Building 67.5'@ 8000 cottages 13.5d/2 Frontage on Osgood Street At least 150 Ft 150' 475' 13.5d/3 Building Height Less than 35 Ft/3 35' 35' stories 3 stories 3 stories 13.5e Common Open Space At least 50% 86.1% 86.6% 13.5f Parking At least 299 spaces 363 Spaces = 417 spaces 13.5g Public Sewer Must be connected Connected Connected 13.5h Public Safety Must be sprinklered Sprinklered f Sprinklered Calculation Sheet Scenario#1 F Scenario#4 Parcel A Parcel A+ Parcel G/H (as is) proposed) ERC Land 1,433,124 1,840,051 TTR Land 1,285,020 1,719,719 Total Land 2,718,144 3,559,770 Paved 243000 " '' L 269000 Gross Floor Area 346,134 441,497 Floor Area Ratio 0.13 0.12 Building Coverage 135,155 209,119 Lot Coverage 5.0% 5.9% Building & Pave Coverage 378,155 478,119 Open Space 86.1% 86.6% APPLICATION FOR A SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. Additional.Sheet 7A Existing Buildings There are a number of pre-existing barns, agricultural buildings and two single family dwellings, and one 3 family dwelling currently located on the Property, all as shown on the accompanying plans. {14327\64824W0146890.1) APPLICATION FOR A SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 713 Proposed Buildings Under Section 13 on continuing care retirement center, a total of 25 additional dwelling units consisting of Independent Dwelling Units under Section 13.3.c are proposed to be constructed. Two (2) of those units located in the Milk Barn, a pre-existing non-conforming structure which lines within the 100' setback perimeter required in a Continuing Care Retirement Center (CCRC) per Section 13.5.d.1 Perimeter Setback, will not be able to meet the 100 foot Perimeter Setback under Section 13.5.d.I. {14327\64824\A0146890.1} MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street,North Andover, Massachusetts Introduction Edgewood Retirement Community is a "CCRC" (Continuing Care Retirement Center) originally approved for 250 units. At the present time, 219 Congregate Housing Units contained within several apartment style buildings have been constructed, with permission to add up to an additional 31 units. These 31 additional units would already comply with all density requirements and could be constructed at an time. ime. In 2004, in cooperation with Sam Rogers (whose family has owned Edgewood Farm for a long time) and the Town of North Andover, Edgewood Retirement worked to acquire the remaining 19 acres of Edgewood Farm at a substantial cost. This 3-party cooperation resulted in 10 of the most critical acres (from a visual and streetscape point of view) being permanently preserved as open space which includes the 2 large barns closest to Osgood Street. Even though Edgewood Retirement, without adding any additional land, is able to add 31 additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is proposing only an additional 27 units (rather than the 31 units which could already be built under the density standards previously approved). This current proposal is a way of completing and rounding out the housing diversity in this CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of which there are currently 219 constructed. The 25 new units will be "Independent Dwelling Units", which under North Andover's Zoning By-law must consist only of free-standing buildings which contain up to 5 dwelling units per structure. Again, the current proposal to add 25 "cottage" units is the universally preferred method of providing an appropriate "cap stone" to this remarkable CCRC. The Zoning Relief requested relates solely to the 100 foot Perimeter Setback in one (1) limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clearly not an attempt to maximize density by shoe-horning units in locations that are not appropriate. Rather, in a desire to preserve the Milk Barn, an historical pre-existing, non-conforming structure, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all led to the current proposal to place 2 units in the Milk Barn which pre-exists within the 100 foot Perimeter Setback (as noted, f being in locations directly adjacent to permanently restricted open space (owned by the Town). {14327\64824\A0146885.1} I i i It is critical to note that the 2 Milk Barn Units conform in all respects to the Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is only relief from the 100 foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers (CCRC's) that is needed for the Milk Barn, a pre- existing, non-conforming structure. Discussion 1. Edgewood Retirement Community, Inc. is currently a Continuing Care Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as authorized by permits granted by the North Andover Planning Board under Section 13 of the North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed. A total of 250 units were originally authorized under the Permits, but the Petitioner has refrained from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may consist only of free standing buildings which contain up to 5 dwelling units per structure. 2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575 Osgood Street (the "Main Parcel"). In 2004, an additional 19+ acres were purchased from Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19 designated as 549 Osgood Street and otherwise known as Edgewood Farm. 3. The 2004 Parcel wasp urchased in the name of the Petitioner's wholly owned j subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the j Petitioner will be deeded the 2004 Parcel by its subsidiary,thus unifying ownership in the name of Petitioner. 4. The underlying Zoning District is the R-2 Zoning District, which requires setback (sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter Setback which the currently constructed buildings adhere to. However, to preserve the Milk Barn, an historical pre-existing, non-conforming structure, Edgewood proposes to place 2 units j in the Milk Barn which pre-exists within the 100 foot Perimeter Setback. The basic justification for seeking the Special Permit consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended to provide a proper degree of separation between adjoining landowners and their various uses. 5. In the current circumstances, all of Petitioner's land abuts land that has been placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such, there is no legal possibility that structures or any other uses beyond Open Space Uses will ever be constructed within 100 feet of any of Petitioner's proposed buildings, including without limitation the Milk Barn for which this Special Permit is applied for. 6. The plans submitted with this Application show the current conveyancing lines separating the Main Parcel owned by Petitioner from the 2004 Parcel (currently standing in the { 14327\64824\A0146885.1) 2 name of Petitioner's Subsidiary). As mentioned above, this internal dividing line will be rendered immaterial once the Deed into Petitioner is recorded at the conclusion of the Permitting Process. Any dimensions shown on the Plans indicating setbacks from the Internal Boundary Line between the Main Parcel and the 2004 Parcel are simply for reference purposes only. 7. With respect to density, no relief whatsoever is being requested in this Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units currently exist, and the Petitioner will be applying to the North Andover Planning Board for 25 additional Independent Dwelling Units, bringing the total onsite to be 244 units. 8. MGL c. 40A, and North Andover Zoning Bylaw Section 10.4 require that all Petitioners satisfy the legal requirements in order for the ZBA to grant any requested Special Permits. Consequently, the Petitioner respectfully submits the following: A. Proposed Use: As noted above, the Petitioner intends to complete the CCRC which was originally constructed by Petitioner in stages. To the current total of 219 units, the Petitioner proposes to add an additional 25 units, which at 244 total units will still keep Petitioner under the 250 unit maximum. B. Circumstances: As can be seen from the Plans, and an inspection of the Property, the Petitioner's land has conditions, which especially affect the Petitioner's property which do not affect generally the zoning district in which the Property is located. In particular, the Petitioner's use as a CCRC is unique within the R-2 District of the Osgood Street neighborhood, with the vast majority of surrounding land uses being dedicated to Open Space owned either by private conservation group such as the Trustees of Reservations or the Town of North Andover itself. The whole purpose of Petitioner acquiring the 2004 Parcel was to accommodate and cooperate with the stated goals of Mr. Rogers and the Town of North Andover to preserve as much as possible of the original streetscape of Edgewood Farm as it appears from Osgood Street. As Edgewood Farm developed over its long history, various portions of the Farm have become wetland areas in order to accommodate the hillside drainage flows necessary to establish and support agricultural uses on Edgewood Farm over the many centuries. C. Argument: A literal enforcement of the applicable zoning district (100 foot Perimeter Setback) would create a substantial hardship to the Petitioner. In order to financially i justify the large dedication of Open Space, as well as to refurbish and perpetuate the existing barns located on the Restricted Area of the 2004 Parcel and the Milk Barn, Petitioner is severely limited in locating the additional 25 units, and even with the additional 25 units the Petitioner will not be building the Property out to its maximum capacity of 250 units (the Petitioner's project to be a total of 244 units by adding the proposed 25 units to the currently existing 219 units). D. Relief is Desirable and Not Detrimental to the Public Good. As noted above, Petitioner and Mr. Rogers, in order to preserve and perpetuate the area where the 2 large barns visible from Osgood Street and the Milk Barn, carved off approximately 10 acres of the 19 acres remaining in Edgewood Farm, thus limiting the areas where Petitioner could locate the additional {14327\64824\A0146885.1} 3 units. Petitioner's other land will be the subject of an Application to the Planning Board seeking modification of the CCRC permits to allow other CCRC uses (8 additional beds to the 45 bed skilled nursing facility, as well as the addition of a social day program area and alternative dining space, along with expansion of the wellness and physical therapy areas). The Special Permit requested will provide desirable relief in that the Petitioner will be able to refurbish the 2 barns and the Milk Barn, and thus preserve the streetscape from Osgood Street relative to Edgewood Farm. As noted throughout this Petition, Petitioner's property is surrounding by existing permanently restricted Open Space, for which Petitioner Use's are quite compatible. E. Consistency with Intent and Purpose of Zoning Bylaw: The central purpose of Section 13 in allowing CCRC's within the Town of North Andover is to provide diversity of elderly housing, while preserving large areas of open space. Petitioner's proposed additions, which will be supporting by the requested Variance, will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. F. Conservation Commission RDA: The Petitioner applied for and received its RDA from the North Andover Conservation Commission, which approval has become final. Conclusion For the foregoing reasons, Petitioner respectfully request that the ZBA grant the Special Permit that, relative to the Milk Barn, the proposed rehabilitation is a change or alteration which will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. Resp Submitted, d wood e ' ement Community, Inc. By its Attorneys Devine Millimet& Branch, P.A. Robert W. Lavoie, Esq. 300 Brickstone Square Andover, MA 01810 {14327\64824\A0146885.1} 4 Table of Contents Overview of Edgewood Retirement Community Description of Project Existing Conditions Site Plan Proposed Master Site Plan Individual Photographs of Barns & Sheds Architect's Conceptual Plans I N' B L C ' Iiff " I l i Who We Are. . . Continuing Care Retirement Community with: ➢ (219) Independent Living Units ➢ (45) Beds in Skilled Nursing Facility Whet We Offer. . . . Alternative Living Experience to enable the philosophy of Aging in Place What Services We Independent Living Provide. . . Social Day Care • Home Health • Long Term Care • Wellness Center • Physical Therapy • Semi-Formai Dining L I N 8 E CK Who our Residents • 42% are from within 10 mile radius of Edgewood are. . . • Average age of resident when they enter Edgewood- 82 Impaired Unit • Cognitive Im What our Residents g p Need . . . Increased capacity of Social Day Program • Increased capacity of Physical Therapy • Expanded Services at Wellness Center • Additional Home Health Care How we can meet Build (2$) additional Cottages to our community to generate their needs. . . funding for additional programs How the Farm • Enables restoration of the Horse Barn, Milk Barn, and the Benefits from this Maintenance Barn project too. . . • Enables opportunity to restore landscapes consistent with its agricultural setting I N8 E CK Edgewood Retirement Community is looking to erect a residential expansion that will include the construction of twenty-five cottage-style units, restorations of three barns located on their campus, and renovation and expansion of the existing "Common" building and rehabilitation unit"The Meadows". Cottages will remain under the ownership of Edgewood. Residents will live there under a Lifecare program, similar to the existing program. The following description for the proposed scope of work is comprised of the following components: I. Cottages * 12 Detached Cottages b 5 Duplex Cottages b 2 Cottages in the "Milk Barn" b 1 Cottage in Col. John Osgood House Infrastructure (roadways and utilities) A. I N 11 E i SCAM' �'= 2000' +/- NOTES: FOR REGISTRY USE ONLY NORTH ANDOVER ZONING I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE OSGOOD ST BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF PRESCOTT ST 7c STREETS AND WAYS SHOWN ARE THOSE Of PUBLIC OR in 1.) THE PURPOSE OF THIS PLAN IS TO SHOW THE PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND D n "MILK BARN, APR£-EXISTJ✓G NON CONFORMING o NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS n OR FOR NEW WA WN. STRUCTURE TO BE ALTERED/REHABILITATED AS n NOFL R 41 SECTION 81X PART OF THECANYS CONTINUING CARE x �E RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. MICHAEL, SG SEE ALSO NOTE#3 BELOW. LOCUS SE I 2.) THE WET LANDS WERE DELINEATED BY WETLANDS J No. 31" PRESERVATION INC. 47 NEWTON ROAD, PLAISTOW, NH y 10/10/07 (AUGUST 1006) & (NOVEMBER 2006) DATE: MICHAEL J. S 0 ffi'.,.t DATE 3.) PARCEL (A) SHOWN ON A PLAN BY ROBERT M. "'�� GILL k ASSOCIATES, INC. AND RECORDED AS PLAN C�1 THE CERTIFICATION SHOWN ABOVE IS INTENDED TO MEET NUMBER 11813 ON FILE WITH THE NORTH ESSEX ASSESSORS REFERENCE REGISTRATION REQUIREMENTS AND IS NOT A CERTIFICATION REGISTRY OF DEEDS, AND DESCRIBED IN BOOK TO TITLE OR OWNERSHIP OF PROPERTY SHOWN.OWNERSHIP 9923 PAGE 117, OWNED BY EDGEWOOD RETIREMENT MAP 36 PART OF LOT 17 OF ADJOINING PROPERTIES ARE ACCORDING TO PROPERTIES, LLC. WILL BE COMBINED WITH THE LOCUS MAP ASSESSORS RECORDS. LAND OF EDGEWOOD RETIREMENT COMMUNITY, INC. G1 A I MAP 36 LOT 1 UNIFYING OWNERSHIP UNDER THE NAME OF N/F EDGEWOOD RETIREMENT COMMUNITY, INC. MAP 36 LOT 17 , MARY f. CHARLES £OGEW000 RETIREMENT PROPERTIES, LLC., IS 7H£ REFERENCE PLANS GIB GIC G13 1976 TRUST SEE PLAN#14951 G12 WHOLLY OWNED SUBSIDIARY OF EDGEWOOD N.E.R..PLAN#14951 FOR BOUNDARY/PARCEL Gi RETIREMENT COMMUNITY INC.) I CERTIFY THAT 7H1 PLAN CONFORMS THE RULES MLINES �Q E.R.D. PLAN#11813 PART OF PARCEL A EXIST/N1.G Gam?"'- G11 G10 TO AND REGULATIONS f THE REGISTER OF DEEDS. G3 J^\ FOUNDATION � G8 / TO DISMANTLED .G4 REFERENCE DEEDS ,-� Sz/// ���\ S_ D_ '�'' Gs DArE N.E.R.D. BOOK 9123 PAGE f77 EO 9 N. R.D. BOOK 4378 PAGE 1 i5 -- Ht � -H� _ ' . fPRv�HNsp/ySI[ANf °$ .._ �` s ZONING BOARD OF S 5 ro BARN 'i 25"--� � APPEALS PLAN �' G/ EXISTING z = / / r` "- LOCATED /N DWELLING 550 2S F �= i5 i /' ' NORTH ANDOVER MA. y SQ.FT.f �- t_ EXISTING 5D" -- �`o �i 7// //TRECORD OWNER d APPLICANT MILK BARN TO BE ,' I EDGEWOOD EXIS77NO G2 ALTERED / BARN RETIREMENT �- i REHA BIL I TA TED TO BE RAZED ZONING \ SQS Tof_ _ SEE NOTE 1• EXISTING L-<_1�� COMMUNITY, INC RES/DENT/AL DISTRICT 2 '-- __ , BARN C/O MARLENE ROTERING TO BE RAZED _�� i I 549 OSGOOD STREET, N0. ANDOVER, MA. MINIMUM AREA = 43,560 S.F. _1 i _----- , SCALE: 1" = 40' DATE: 10/10/07 MINIMUM FRONTAGE = 150' �Q' MINIMUM FRONT SETBACK = 30' 40 0 40 80 FT ` MINIMUM SIDE SETBACK = 30' MINIMUM REAR SETBACK = 30' ~ , , PuIONLENGINEERS � ROS SECTION 15.5 STANDARDS AND RESTRICTIONS d DIMENSIONAL REOUIREMENTS �o' �` 160 SUMMER ST, HAVERNILLMA. 01830 UL 978-373-0310 ` PERIMETER SETBACK = 100' ` ® 2007 BY CHRISIIANS£N R SERGI INC. SHEET 2 OF 2. DRAWING NO. 05084 007 w ,t t s 9 4 r'a.W • t +r q r 1 • t A r 4 v t I Aw ex i a v. .. ;; r ix '' 1 ii, � ._ � %: '. .�• me � �� ., ., f l A + F < a. y.- , f \ Z Milk Barn To Be Restored .� � � I � tri-•c` � .� ?��� k - F�x!�' .;in t��• � s �. . � � � � `� �" � '� "adz d � a �' �' ! x�" � i�� •+ �- � �`; s - �� ���s' �n�, r aY d, Ix�:� t � r w _,. re, i•. �:: :,- �, a<tis, ,., �'�. ....; f �f • _x. Shied #4 To Be Removed a :�, r �'.� �c��'��� '�� �k�� ice•. °`i aX��� � - �, �w .c ,fit����•� s* ���',.�"�k',,y� �t af.� �. - �:;.....-. .�' � +k R Conceptual Cottage Plans 1, 7711 ryry 1 '�'�'�� 1 1�"nW� � k,il � } 1:tw t 1 �r+� � �� r te•:_�.... r,�.�'� ���.., ���' � P,� ����� � � �i 1 I ���t 1����"S � � � ii a � � a ��` �, �' ,� r p • an.. b ,r cl t w+@SII' 1 �'. ,:, �'itwvllUltl M1 3• I �' � _ � � ;F�i F ���II bb M i J�: w�•I I.t�.:. i .1. pp ' :; It `. -t t• ii 'tl g7��IW611 'Jlil '� I :�.� r�l� 1 _�� r � P krr'� ... wr.., �.-'IFI ..;,� ,._�.... ...«,emy .�i;��a �I Ii. y? APT � ilt Ilp I 1 W i I IIV - ht » 4 [ I �� � � � � r � _ ��^r{n '- r` �--� ._ _ �•„,�,� t '.'.�n N ri. ... % I �o i ti ,�d''�til I � i i 311110 0 PIN TO s,@g If Np I mg s Z' fit. � '% ���` "` �• 3 t � Yi• 1�f �y �` �" r � ��.�' � I +1 �• I Y 3 y °a '&i 11: I�°:�: "� .C-., a'`� rs ��. �.- � !a�3�?4('i>•n �,��.�s r�sA"�n..� r � � �"'i�m.�`f t}�Plp(>�AAIp���ll1.�-<i•��1�''�,i�1���.. �;,A1��ia°F� ".�� ./ �1 a`64�A�•x��A ZWO cl �/ � 'b►�7: ��� 'y . 6� -- �f�''.,:,r,'"•� � r �t fr !@M �.pz �: n' ° > c {-1;.�` ,'�,�;fY No ��s —��: � � '°v \6�af s„ � �,.�,r€'�"��"I� ;.' 1 � .. t �i 1:� � .w � 9.I� 44{°a+� � !� i'► i�t'i'p�� x""' 9' `•',�' o,`� _"'t0 �1 �a.:V's�i -:,g,,, ;.....�e f;– �:I `. �4 :.Y.'d� �a'4't°+��>r�, LoaaY MAsMeI cLos I Ar+� Sra2 Sro2. 4 �'i uas !•IASL Iz 84TL} t'L-�•- it S �- Lltl 847Y} ✓tT�t� FoYea_. �� I�i'f'c1}�a �'TM i1. "CL. ct L,� It t t � t vc Doz.. Milk Barn: Prmosed 2 Floor Plan 9.26.07 1/8"=1'-0" 1,571 Gross SQ.FT.Per Unit Unit F tv LAss-j • STar.Ac-rte Stag1{� AL- 1 Z , Milli Barn: Proposed 1"Floor Plan. 8K 9223 PG 177 QUITCLAIM DEED 1, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301, North Andover,Massachusetts(the"Grantor"),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 00/100($950,000.00),grant to EDGEWOOD RETIREMENT PROPERTIES,LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS,the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover,Essex County,Massachusetts: WLot 7 on a plan by Harry R. Feldman, Inc. entitled"Plan of Land No. Andover,Mass." 4 dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of s Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. Parcel A on a plan b Robert M. Gill&Associate Inc. t " , P Y s, entitled Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 0 with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. N Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc. entitled"Compiled Plan of Lam rn ca z in North Andover,Massachusetts"dated July 5, 1995 and recorded as Plan No. 12724 with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area o¢iq 93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A4:-!Z7 v� containing 128 square feet). moo' b C-) o r W The parcels are conveyed subject to and with the benefit of all rights,easements,covenants, c O restrictions, agreements and other matters of record,to the extent the same are in force and applicable, including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. For Grantor's title to the above,see the following: CA Deed dated June 14, 1984 from The First National Bank of Boston,as trustee,recorded at Book 1826, Page 134 [as to portions of Lots 2A-1,2A-2, 2A-3 and 7]. ' Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948, Page 170 [as to a portion of Parcel A]. Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363, Page 306 [as to portions of Parcel A and Lot 7]. Deed dated April 24, 2000 from Michael L. Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-2]. DEVIlVE, 1VULL:[MET & BRANCH PROFESSIONAL. ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 I BK 9223P-PG 178 - Executed under seal this 5-rday of KaP PrvA& -,2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: 0�Sse�4 On this 4-�- day of M ,2004,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: identification based on my personal knowledge of his identity, or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is. unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Pub ' (,✓• L.,g 4 My commission expires: 7- L (SEAL) ;I it ,_( i BK 437$ PG 115 DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws,Chapter 180,with a usual place of business in North Andover,Essex County,Massachusetts(the "Grantee")with tn Quitclaim Covenants,a certain parcel-of land situated on the Easterly side of Osgood Street in North Andover,Essar County,Massachusetts,shown as Lot 6 on a plan entitled:"Plan of Land No.Andover,Mass."by Harry K Feldman,Inc.,Land Surveyor,dated April 11, 1989,consisting u of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as � V effected by an Affidavit dated November 9,1989,-recorded with said Deeds in Book 3029,Page 4 90. "Plan"),said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and o 0 de s set forth in Exhibit A attached hereto and made a part hereof,containing,according fp 0 o to s, an as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the old 0 "Prenuses"). There is also conveyed herewith as appurtenant to the Promises the following: 0 o (1) All rights,title, and interests, if any,of Grantor in,to and with respect to any land 0 0 lyin- ?l a bed of Osgood Street directly abutting the Premises; ci the non-exclusive right, in common with Grantor and all others legally entitled ;; thereto, to pass and repass over the "Lane To Pond Pasture(Private Way)" shows on the Plan; c b W (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and w exclusive right and easement for signage, drainage, grading and slope rights in that certain 0 triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 N of 4) as "Drainage,Grading& Signage Easement",-said parcel of land being more particularly a) bounded and described as follows: Kt WESTERLY by Osgood Street,as shown on said Plan, 38.06 feet; NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 feet; 'i"i SOUTHEASTERLY by Lot 6,as shown on said Plan, 79.68 feet. together with-the perpetual and exclusive rights and easements in those portions of Lots 5A and 7 shown on the Plan designated as"Construction Easoment'A'","Construction Easement'B"and "Construction Easement'C'"on the plan entitled:"Plan Showing Easements for Edgewood Life Care,Inc No. AndovV,Masa." dated August 20, 1991,prepared by Harry R. Feldman, Inc.to be recorded_herewith for drainage, grading aril.slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding the provisions set forth in this paragraph(3), Grantor reserves to himself and Ao his successors i'L. l a~l t5 irds{eux`�i t.�-rv�es�n-� Clg'lj it I BK 4378 P6 116 and assigns as the owners of Lots SA and 7 shown on the Plan the right to use those portions of Lots SA and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements herein granted by Grantor provided that Grantor,shall not erect or allow any other person or entity other than Grantee, its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall ran with the land,be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (2 1)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992,or for fifty (50)years from March 31, 1992, unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage trails. Said restrictions,covenants, licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities developed by Life Care Services Corporation,a eorp®ration organized under the laws of Iowa with a principal place of business in Des Moines, Iowa. This restriction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making a loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis courts,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest hay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede Grantor's ability to mechanically cultivate and harvest hay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between i i i _ 8K 4378 P8 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutually agreed between Grantor and Grantee provided that the same do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. (g) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d),(e)and(f)shall be subject to the terms of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith,and Grantee shall take such steps as may be necessary to enable Grantor to exercise the rights set forth in subparagraphs(d).(e)and(f)hereof,subject to and in accordance with the terms and limitations set forth in such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative,permit Grantor,at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access road provided such utilities are only used to service existing(or relocated existing) residences, farm structures, and farm-related uses, and for no other purpose. It is understood between the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided, however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in place of an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions,covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title,see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1984 and October 22, 1986 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. i i GK 4378 PG 118 WITNESS my hand and seal this Vaday of Ai•r, 1995. =.,-I. .Q e�,— - - Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS sttkSolk, ss. r ;„7 1995 Then personally appeared the above named Samuel Stevens Rogers and acknowledged the foregoing instrument to be his free act and deed,before me A/,ew JAee o Public My Commission Expires:Se?6-L*-r P, 'yJ} C7 C7 Q T � S ••D u] Q u p u7 4] NIP YV Ni f0 c7 lL u s cr N w " BK 4378 PG 119 The undersigned hereby accepts the restrictions,covenant, licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC. By: COMMONWEALTH OF MASSACHUSETTS Suffolk, ss, fJ o o e u.+t{� g ' 1995 $ crC.�ar Then personally appeared the above named Elizabeth A.Beland,Treasurer/of Edgewood Retirement Community,Inc_,and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me Notary Public 1- My Commission Expires: S e v f 4 1 Att i mfr A 8K 4378 P8 120 LOT 6 MM AND BOUNDS DESCRUM N Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W,along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W,a distance of 150.00 feet to a point; thence turning and running N 52' 45' 33"E,a distance of 79.68 feet to a point; thence turning and running N 66' 10' 59" E, a distance of 165.10 feet to a point of curvature; thence turning and running by a curved line to the right of radius 350.00 feet,a length of 199.23 feet to a point of tangency; thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature; thence turning and running by a curved line to the right of radius 125.00 feet, a length of 118.34 feet to a point of tangency; thence running S 26' 57' 27" E,_a distance of 45.37 feet to a point; thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E, a distance of 21.00 feet to a point; thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14" E, a distance of 120.68 feet to a point; thence turning and running N 78' 26' 40" E,a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37" E,a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a pow; thence turning and running N 13' 22' 00" E, a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33" E,a distance of 22.00 feet to a point; BK 4378 PG 121 thence turning and running by the following five courses: S 76' 33' 49" E, a-distance of 84.46 feet; S 82' 55' 37" E, a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.11 feet; S 85' 03' 11" E, a distance of 99.77 feet; S 89' 03' 24" E, a distance of 51.10 feet to the end of a stone wall; thence turning and ruining S 62'59' 08" W, along a stone wall,a distance of 60.14 feet to a drill hole at the comer of the stone wall; thence turning and running S 19' 17' 59" E,along a stone wall,a distance of 181.49 feet to a point at the corner of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E, a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E,a distance of 363.94 feet; N 77' 34' 20" E, a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Cochichewick as located on January 6, 1986, 1,485+feet to a point; thence turning and running S 79' 55' 35" W, a distance of 594±feet to an iron pipe; thence turning and running N 17' 50' 15" W,a distance of 239.03 feet to a drill hole at the corner of a stone wall; thence turning and running along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a drill hole; S 76' 29' 23" W, a distance of 311.43 feet to a drill hole; S 67' 43' 31" W, a distance of 120.13 feet; S 57' 36' 33" W,-a distance of 89.12 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall the following three courses: N 32' 14' 07" W, a distance of 102.94 feet to a drill hole; N 32' 25' 40" W, a distance of 223.93 feet to a drill hole; N 32' 12' 31" W,a distance of 128.31 feet to a drill hole at a bend in the wall; thence turning and nuuiing along a stone wall the following four courses: N 58' 43' 38" W,a distance of 64.03 feet to a drill hole; N 61" 12' 19" W, a distance of 198.17 feet to a drill hole; I BK 4378 PB 122 N ST O1' 34" W,a distance of 170.63 feet to a drill hole; N SS 35' 13" W, a distance of 102.85 feet to a drill hole at the corner of the wall; thence turning and running N 36' 59' 44" E, a distance of 306.32 feet to a drill hole at the comer of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W, a distance of 277.64 feet; N 31' 14' 46" W, a distance of 383.73 feet to a drill hole', thence turning and running N 15' 55' 41"E.a distance of 26.38 feet to a point; thence turning and running by the following five Courses- * 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W, a distance of 39.59 feet; N 60' 05' 42" W. a distance of 58.96 feet; N 74' 43' 12" W, a distance of 49.85 feet; S 62' 59' 43" W, a distance of 21.32 feet-to a point; thence turning and running N 20' 00' 00" W, a distance of 24.00 feet to a point; thence turning and running N 81' 12' 09" W, a distance of 81.12 feet to a point of curvature; thence running by a curved line to the left of radius 300.00 feet,a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W, a distance of 178.61 feet to a point, thence turning and running S 18' 29' 06" W. a distance of 153.20 feet to the point of beginning. r NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center 2/15/94 -Recorded at Book 3983, Page 268 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D Access Strip to Mary Charles Property • Frontage Special Permit • 10/24/95 P -Recorded at Book 4384, Page 99 10/24/95 (I 4327\648MAO 131463.1} Conservation Commission Dated • Conservation Restriction • 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 • Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 {14327\64824W0131463.1} i }i} 3 EDGEWOOD RETIREMENT PROPERTIES,LLC { CIC}EDGEWOOD RETIREMENT COMMUNITY, INC. � 575 OSUUUI)STREET J NORTH ANDOVER, MA.41845 (978)725-:3300 i 3 April 12, 200 r North Andover Zoning Board of Appeals 120 Mair),Street North Andover, MA 01845 3 3 V06M MPetition for Setback Relief Petitioner: Edguwood.Retirement Community,Inc. .Property: 549 Osgood Street,North Andover, MA(Map 36, Parcel 17, 1 S & l 9) (}wrier: Edge-wood,Retirement Properties, LLC i To the ZBA.: "Phis will confirm that B,dgcwood Retirement Properties, LLC:{"Uwner")is the record title Umier of the above-referene;ed Property; said Property is a portion,of the land which ich is the subject of'the Variance Petition brought by Edgewood Retirement Communities, , Inc. ("Edgewood Retirement"), The Owner hereby authorizes, and confirms its authorization to, Edgewood Retirement to filo, the Variance Petition ror the Property, in as much as Owner will be transferring ownership of the Property to Edgewood Retirement upon successful completion of the permitting;process (which had started earlier this year with the Conservation conrn-iission, is now T)cfurc the: ZBA,and will continue:through the Planning Board for Special Permits, and the Conservation.Commission for an Order of Conditions). This will further confirm that:the;towner is the 100%subsidiary of Edgewood Retirement. For the sake of convenience, title to the Property when it was purchased fs'orn Mr.Rogers in 2004 was taken in the name of Owner, clue to the fact that Edgewood Retirement's expansion plans were only-just thea beginning to be formulated. As can be seen by this filing,the Expansion Plans have coalesewed into the current Program only after a careful,methodical consultation with Edgewood Retirement's resident community l and veirious Towns ofNorth Andover Boards and Ofl:icials. Should you have any questions, require any farther infonuation about this mauler,please i do not hesitate to contact me,or the;attorney for EcIgewood Retirement arid for the 1 i 4 i 1 p 1 1432A7761 RA0 r 37447.1} l t i } b S { Owlier,Attorney Robert W. Lavoie of Devine Milliniet.& Branch, P.A. located in 1 Andover, MA.who can be reached at(978)475-9100. Very truly yours, s EDGF,WOOD RETIREMENT PROPERUES, LLQ` } Marlene U Rotering,Mantiiger k 8 S y� i g@ I 77A A {Y S 3 6 i { E f i f V a2; 3 l S i 1 P 3 i j i it i i (1432717761)W132447.t) Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT. MGL 40A,Section 11 states in part"Patties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposheon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax W.not withstanding 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." Subject Property. MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Map Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845- 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arca 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the AsSo ffice as of Certified by: Date $GALEJ 2000' +1- NOTES: FOR REGISTRY USE ONLY NORTH ANDOVER ZONING I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE OSGOOD ST. BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF PRESCOTT ST. �c STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR 1.) THE PURPOSE OF THIS PLAN IS TO SHOW THE PRIVATE STREETS OR WAYS ALREADY D ESTABLISHED, AND n o NO NEW LINES. FOR DIVISION OF EXISTING OWNERSHIPS MILK BARN" A PRE-EXISTING NON CONFORM/NG OR FOR NEW WA WN. STRUCTURE TO BE ALTERED / REHABILITATED AS "OF ER 41 SECTION 81 X PART OF THE APPLICANT'S CONTINUING CARE z RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. N ` MICHAEL SEE ALSO NOTE ,f3 BELOW. LOCUS R SE 1 2.) THE WET LANDS WERE DELINEATED BY WETLANDS + J No. 31.1 PRESERVATION INC. 47 NEWTON ROAD, PLA/STOW, NH ^t A f ~ 10/10/07 (AUGUST 2006) & (NOVEMBER 2006) DA TE.- MICHAEL J. S ~ Vit. , DATE 3.) PARCEL (A) SHOWN ON A PLAN BY ROBERT M. ro• =:�'* GILL & ASSOCIATES, INC. AND RECORDED AS PLAN THE CERTIFICATION SHOWN ABOVE /S INTENDED TO MEET NUMBER 11813 ON FILE WITH THE NORTH ESSEX o ASSESSORS REFERENCE REGISTRATION REQUIREMENTS AND IS NOT A CERTIFICATION REGISTRY OF DEEDS, AND DESCRIBED /N BOOK (1 � o TO TITLE OR OWNERSHIP OF PROPERTY SHOWN.OWNERSHIP 9223 PAGE 117, OWNED BY EDGEWOOD RETIREMENT I MAP 35 PART OF LOT 17 OF ADJOINING PROPERTIES ARE ACCORDING TO PROPERTIES, LLC. WILL BE COMBINED WITH THE ASSESSORS RECORDS LAND OF EDGEWOOD RETIREMENT COMMUNITY, INC. LOCUS MAP G1 A MAP 36 LOT 1 UNIFYING OWNERSHIP UNDER THE NAME OF �` N/F EDGEWOOD RETIREMENT COMMUNITY, INC. MAP 36 L ' MARY F. CHARLES REFERENCE PLANS G1 B GIC G13 G1 z 1976 TRUST WHOLLY RETIREMENT PROPERTIES, LLC., IS THE SEE PLAN , 34951 �..� WHOLLY OWNED SUBS/DIARY OF EDGEWOOD , FOR BOUNDARY PARCEL G1 RETIREMENT COMMUNITY INC.) N.E.R.D PLAN x'14953 / G2 G11 _ 1 CERTIFY THAT TH! PLAN CONFORMS TO THE RULES LINES _ AND REGULATIONS - F THE REGISTER OF DEEDS. N.E.R.D. PLAN , 11813 PARI' OF PARCEL A EXISTING _ G1n � FOUNDATION --_- _ G3. � G8 TO DISMANTLED G4 G7 10/10/07 REFERENCE DEEDS ,�- s _ y SILO� - --- G5 DA TE �- MIO N.E.R.D. BOOK 9223 PAGE 177 i �'S' ' G6 H9 N.E.R.D. BOOK 4378 PAGE 115 I d --' H1 `- / ✓Q w H2 (PRIVA 7C WA Y WIDry VAR/£S) E�ISRIVG as, -_ ZONING BOARD OF E7'0 _ ---- APPEALS PLAN `=` '� R�ZED /? _��Tom. 2�J' .. . 1 _y EXISTING ` '^ / rr , >--�r\ es- LOCATED /N DWELLING .7,,1 t���"=__.�5 L / r r r/' / � o � NORTH ANDOVER, MA. �� - S0 ---�`.✓�`�!` r r r T -� RECORD OWNER & APPLICANT EX/STING so- � , EDGEWOOD f/ _ 157o- MILK BARN TO BE EXISTING G2 -7 A L TERED / BARN v TO BE RAZED , RETIREMENT REHA BI L I TA TED i __� , ss0 SEE NOTE 1. =�'' COMMUNITY INC ZONING DISTRICT SO. FT. - __..r EXBARN G �_"� C/O MARLENE ROTER/NG TO BE RAZED RESIDENTIAL DISMICT 2 s -- ____L r-�,. 549 OSGOOD STREET, NO. ANDOVER, MA. MINIMUM AREA = 43,560 S.F. SCALE. 1" = 40' DATE: 10/10/07 �'� ,� / �--__,_ J � MINIMUM FRONTAGE = 150' j /l - Op MIN/MUM FRONT SETBACK = 30' o ' ' r r r `_` ozz 40 0 40 80 FT L9 MINIMUM SIDE SETBACK = 30' s _..l r / 1 S - DNC MINIMUM REAR SETBACK = 30' 1 r _ SERGI PROFESSIONAL ENGINEERS ------------ N ytitiNNNNNNNNTB'gC� CHI?lST/ANSENLAND SURVEYORS SECTION 13.5 STANDARDS AND RESTRICT/ONS o V 160 SUMMER Sr. HAVERHILL,MA. 01830 TEL 978-373-0310 d. DIMENSIONAL REQUIREMENTS S' ``- Q 2007 BY CHRISTIANSEN & SERGI INC. PERIMETER SETBACK = 100' SHEET 2 OF 2. DRAWING NO. 06084 007 Town CWK Time Stamp ,I*MTN i Ott►.•I.��O t �?w o " f 71 FINDING �,, � TO , 31-r n TOWN OF NORTH ANDOVER 2001 OCT 16 PH 2: 25 ZONING BOARD OF APPEALS NAME: Edgewood Retirement Community, Inc AppREs$OF APPEAL: 575 & 549 Osgood Street t'A A.r,''_ Procedure & Requirements for an Application for a Finding Ten(10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted Oft Com?days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters)and lThe information herein is an abstract of more specific for publication in the newspaper. The petitioner is requirements listed in the Zoning Board Rules and notified that the legal notice has been prepared and the Regulations and is not meant to supersede them.The cost of the Party In Interest fee. oommirmm co mnfete Items that are untied STEP 7• DELIWIW OF WOM NO TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER E The petitioner picks up the legal notice from the Office The petitioner applies for a Building Permit and of the Zoning Board of Appeals and delivers the legal receivers a Zoning Bylaw Denial form completed by the notice to the local newspaper publication. Budding Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: FINDING APPLICATION FORM: 130ARD OF APPEALS: Petitioner completes an application form to petition the The petitioner should appear in his/her behalf,or be Board of Appeals for a Finding. All information as represented by an agent or attorney. in the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. petitioner,the Board shall decide on the matter by using STEP 3• PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan Information as STEP 9• DECISION: cited in section 10, page 4 of the form. After the hearing,a copy of the Hoard's decision will be STEP 4. OBTAIN LIST OF PARTIES IN INTEREST: saint to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts General Law ch.40A§17,within twenty(20)days after a certified list of Parties in Interest(abutters). the demon is filed with the Town Clerk. STEP 5: SUBMIT APPLICATIONS Srwa 10• RECORDING THE DECISION AND PLANS.EP Petitioner submits one(1)original and ten(10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the demon and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time County, North Registry of needs,381 Common St., and date of filing. The original will be left at the Town Lawrence MA, and shall complete the Certification of Cleric's Office,and the 10 Xerox copies will be left with Recording form and forward It to the Zoning Board of the Zoning Board of Appeals secretary. Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688.9533 Office of Community Dev.8 Services North Andover Town Hall 1600 Osgood St., Bldg.20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office' 978.68&9542 fax for Community Development offices 978.888-9566 Assessor's Office 97888-9545 Building Department 978-688-9541 Zoning Board of Appeals Office <<= PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N DI N G Please complete all items 11 .10 below 1. Petitioner: *Name, *Address and telephone number: Edgewood Retirement Community, Inc. (Attn: Marlene Roter;ng) 575 Osgood Street North Andover, MA 01845 (978)725-3300 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: (A) (575 Osgood) Edgewood Retirement Community, Tn _ (B) (549 Osgood) Edgewood Retirement Properties, LLC Years Owned Land: (a) 11+ years (b) 2+ years 3. Location of Property: a. Street: 575 and 549 Osgood Street Zoning District: R-2 b. Assessors: Map number: 36 Lot Number: 3 17, 18 & 19 c. Registry of Deeds: Book Number: (a) 4378 Page Number: (a) 115 (b) 9223 (b) 177 j 4. Zoning Bylaw Section(s)* under which the petition for the Finding is made. 13.5.d.1 Perimeter Setback of 100' in a CCRC (Continuing Care Retirement Community) Section 9.1 Non-Conforming t *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Finding request: See Additional Sheet 5A attached hereto. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 1 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not most current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear j A. See Addtional Sheet 6A % j i B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a FI N DI NG 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq, Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear See Additional Sheet 6B 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage- Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear , See Additional Sheet 6C 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear See Additional Sheet 6D 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** t R See Additional Sheet 7A Agriculture —Residential *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** See Additional Sheet 7B Residential E. r *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Finding shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. Edgew Retire nttcommu ty Inc. Edge d -Ret' .emen Properties, LLQ Signature: by: by. - r Ma e G eying, xecutive rect a f?7RotetTn`g,1 Manager Type above name(s) here: i I PAGE4of4 FINDING 9. WRITTEN DOCUMENTATION m) Plan shad be Pte,stamped and Application for a Finding must be supported by a legibly c eMW by a Registered prollesslonalLeet Surveyor. written or typed memorandum setting forth in detail all Please note that ph=by a Registered Professional fads rued upon.All dimensional requirements shall be Engineer,Registered Architect,and/or a Registered dearly identified and factually supported when Landscape Architect may be required for Major Projects. requesting a Finding from the requirements of MGLA ch. 40A,and the North Andover Zoning Bylaws. All points, *10.C. *Required Fe hwas On Plan: A-C,are required to be addressed with this 9 Silo Orientation dM include: appkaftL 1. north point 2. zoning district(s) A. The particular use proposed for the land or 3. names of streets sbucl re. 4. wetlands(if applicable) B. Fact(s)railed upon to support a Finding that the 5. abutters of property,uphill 300'radius proposed extension or alteration shall not be more 8. locations of bu&rugs on adjacent properties --I -landally detrimental than the existing non- within 5W from applicants proposed structure conferring use. 7. deed restrictions,easements. C. Address all appropriate details of the Building 1n Legatid&Graphic Aids shall include: 1. Proposed features in solid lines&outlined in red Commissioner's denial. 2. ung features to be removed In dashed lines ' 3. Graphic Scales4. j 10. PLAN OF LAND 5. Dail Plan application to the Zoning Board of Appeals shall 5. Names addresses and phone numbers of the Tine Of Plan be accompanied by the following described plan(s). 8. Na int,owner of record,and land surveyor. Plans must be submitted with this application to the 7. Loans. Town Cleric's Office and ZBA secretary at least thirty (fid of appeals.the publichesrtng before the Zoning 10.0. Minor Projects Minor projects,such as deco,sheds,and garages, A ad of building elevation plane by a Revered shall require only the plan iMamation as indicated with asterisArchitect may be retluired when the application an be require (0). In some cases fuNrer information may I involves new constructloNcomrersionl andlor a j proposed change in use. 11. APPLICATION FLOG FEES 10.A. Major Projects 11.A. Notation fees.Applicant shall provide a Major projects we those which involve one of the check or money order to:'Town of North Andover- followiing whether existing or proposed: #022-17804841*for the cost of first class,certified, A five(5)or more parking spades. ram receipt(currently$4.64)x#of all parties in IQ three(3)or more dM ling units, Interest identified in MGLA ch.40A§11 on the abutter's ID►2,000 square feet of building area. list for the legal notice postage check. Also,the Major Projects shall require, in addition to the 108.8 applicant shall supply first dere postage stamps 10 C.features,that the pians show detailed utilities, (duienty 39Q x the#of partes of interest on the soils,and topographic information. abulWs Net for the decision mailing. i *10. B.*Plan Specifications: 11.B. Mailing labels.Applicant shall provide four(4) w 1) size of plan: Ten(10)paper copies of a seta of mailing labels no larger than 1"x2-518 (3 copies plan not to exceed 11"x17",prefensd scale of for the Legal mailing and one copy for the Decision 111=401. m9)• 1 with one block for � oro O Registry Use Only,and one block for five(5)ZBA signatures and 11.C. See 2005 Revised Fee Schedule. date.. JJ i i f NORT„� Zoning Bylaw Review Form Town Of North Andover p Building Department 1600 Osgood Street, Building 20,Suite 2-36 �,S•,,.. t� North Andover, MA. 01845 S"CNUge Phone 978-688-9545 Fax 978-688-9542 Street: 575&549 Osgood Street Ma /Lot: 36/3,17,18,&19 Applicant: Ed ewood Retirement Community,Inc. Request: Convert existing milk barn into 2 dwelling units Date: 10-11-07 Zoning District R-2 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies 3 Lot Area Complies 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use: 5 No access over Frontage 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 1 Complies 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information — C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front insufficient 2 Complies 3 Left Side Insufficient X 3 Preexisting Height X 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed d Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Complies 3 Insufficient Information Remedy for the above is checked below. Item# Special Permits Planning Board Item# Variance B-{ Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign B-. Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2NU Unit R-6 Density Special Permit B-44 Special Permit Pre-existing,Non- Conformin Watershed Special Permit I Supply Additional Information OSGOD Special Permit C-3 I Finding The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the.above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the apgve file.You must f:17w building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: if Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: .V. Wit Rnkk e <. ., B-4 A Site Pian Special Review is required from the Planning Board under Section 8.3.2 iii of the Zoning Bylaw"Any construction,site improvements,new uses in existing structures or developments which contain new processes not normally associated with the existing use and which result in changes in the potential nuisance to adjacent property;traffic circulation;storm water drainage onto or off of the site;and/or the application of the parking standards of Section 8.1 indicate the need for five(5)or more new or additional parking s aces"in order to convert the milk barn to a two family dwelling. B-4 A Special Permit is required from the Planning Board per Section 13.1 Establishment..."The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section."of the Zoning Bylaw in order to construct the proposed new units. B-4, A Special Permit and/or a Finding from the Zoning Board of Appeals C-3&6 is required in order to alter/rehabilitate the pre-existing,non-conforming milk barn which lies within the 100' setback perimeter of the Continuing Care Retirement Center per Section 9.1 Non-Conforming Uses"...Any lawfully non-conforming building or structure and any lawfully non-conforming use of building or land may be continued in the same kind and manner and to the same extent as at the time it became lawfully non-conforming,but such building or use shall not at any time be changed,extended or enlarged except for a purpose permitted in the zoning district in which such building or use is situated,or except as may be permitted by a Special Permit or otherwise by the North Andover Board of Appeals. Pre-existing non-conforming structures or uses,however,may be extended or altered,provided that no such extension or alteration shall be permitted unless there is a finding by the Board of Appeals that such change,extension,or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood..."of the Zoning Bylaw Referred To Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 EDGEWOOD RETIREMENT PROPERTIES, LLC EDGEWOOD RETIREMENT COMMUNITY, INC. 575 OSGOOD STREET NORTH ANDOVER,MA 01845 (978) 725-3300 October 11, 2007 North Andover Zoning Board of Appeals 120 Main Street North Andover,MA 01845 Petitions for Finding and Special Permit(the"Petitions") Petitioner: Edgewood Retirement Community; Inc. Properties: 549 Osgood Street,North Andover, MA (Map 36,Parcel 17, 18 & 19) and 575 Osgood Street,North Andover, MA (Map 36,Parcel 3) Owner: Edgewood Retirement Properties, LLC and Edgewood Retirement Community, Inc. To the Zoning Board of Appeals: This will confirm that Edgewood Retirement Properties,LLC ("ERP") is the record title owner of 549 Osgood Street; said Property is the land which is the subject of the Petitions brought by Edgewood Retirement Community, Inc. ("Edgewood Retirement"). This will further confirm that Edgewood Retirement Community, Inc. is the record title owner of 575 Osgood Street. ERP hereby authorizes, and confirms its authorization to, Edgewood Retirement to file the Petitions for the Property, in as much as ERP will be transferring ownership of the Property to Edgewood Retirement upon successful completion of the permitting process (which had started earlier this year with the Conservation Commission, is now before the ZBA, and will continue through the Planning Board for Special Permits, and the Conservation Commission for an Order of Conditions). This will further confirm that ERP is the 100% subsidiary of Edgewood Retirement. For the sake of convenience,title to the Property when it was purchased from Mr. Rogers in 2004 was taken in the name of ERP, due to the fact that Edgewood Retirement's expansion plans were only just then beginning to be formulated. As can be seen by the filing of the current Petitions for a Finding and/or Special Permit to alter the Milk Barn,the Expansion Plans have coalesced into the current Program only after a careful, methodical consultation with Edgewood Retirement's resident community and various Town of North Andover Boards and Officials. UU1 1 611 12 147023.1) BOARD OF APPEALS Should you have any questions, require any further information about this matter, please do not hesitate to contact me, or the attorney for Edgewood Retirement and for the Owner,Attorney Robert W. Lavoie of Devine Millimet&Branch,P.A. located in Andover,MA who can be reached at(978)475-9100. This will further confirm that Attorney Lavoie is fully authorized on behalf of Edgewood Retirement Properties, LLC and Edgewood Retirement Community, Inc. to act as their agent in signing and delivering the Petitions and all other related documents to the ZBA. Very truly yours, EDGEWOOD RETIREMENT PROPERTIES, LLC � f 1 By. Marle e G. Rotering, Manager EDGEWOOD RETIREMENT COMMUNITY,INC. By: ,r Marl ne G. Rotering, Executive Director {14327\64824W0147023.I) APPLICATION FOR A FINDING Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 5 Description of the Finding Request Petitioner respectfully request a Finding under North Andover Zoning Bylaw Section 9.1 in order to alter/rehabilitate the existing Milk Barn, a pre-existing non-conforming structure which lies within the 100' setback perimeter required in a Continuing Care Retirement Center (CCRC)) per Section 13.5.d.1 Perimeter Setback..."No Building or other structure shall be located within one hundred (100) feet of perimeter lines of CCRC parcel." {14327\64824W0146867.1} APPLICATION FOR A FINDING Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6 ANALYSIS OF CCRC ZONING REQUIREMENTS Scenario #1: Defines the Current Compliance with the Zoning Requirements. This assumes the community remains as it is today,without the additional land, and without any additional units or expansion to the commons building Scenario #2: Defines the Compliance with the Zoning Requirements if the original lot of land was developed with the proposed expansion of the support facility and (8) cottage units were constructed next to the existing Building 7000. Note,the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals. Scenario #3: Defines the Compliance with the Zoning Requirements if the new land were to be considered separate from the original 62 acres of land. This scenario includes the development of the 16 cottage units,the renovation of the existing barn and house to 3 units, and the restoration of the existing Horse Barn and Maintenance Barn. Note, the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals Scenario #4: Defines the Compliance with the Zoning Requirements when all lots of land are combined as one contiguous 82 acre lot of land. This scenario includes the 24 cottage units +the 3 units in existing structures, the restoration of the 2 barns, and the full expansion of the support facility. Note, the only item that is not in compliance is the setback from the property line which is currently being reviewed by the Zoning Board of Appeals For your information,we have included a detailed breakdown of the building footprint coverage, the gross floor area, and the land that is included in the calculation of the Gross Floor Area, Building Coverage, and Common Open Space. With the exception of the 100' Setback Requirement, all scenarios are in compliance with the zoning requirements set forth in Article 13.5 of the North Andover ByLaw for Continuing Care Retirement Center Special Permit. Zoning Board Table Bylaw Requirements Scenario#1 Scenario#4 Y q Current Special Existing+ Permit New lot u, Ref Description Value Value w Value 13.5a Lot Size 25 acre minimum 62 acres 82 acres 13.5b Permissable Density Max 250 Units 219 units 246 units Allowed 3.5 units/acre 3 units/acre 4 units/acre 13.5b Ratio of Independent Dwelling Units Less than 15%of N/A 11% (Cottages)to Total Number of Units total units 13.5b Floor Area Ratio Less than 0.25 0.13 0.12 13.5c Lot Coverage Less than 25% 5.0% 5.9% 1 13.5d/1 Perimeter Setback 100 Ft 110'@ Building 67.5'@ 8000 cottages i 13.5d/2 Frontage on Osgood Street At least 150 Ft 150' 475' 13.5d/3 Building Height Less than 35 Ft/3 35' 35' stories 3 stories 3 stories 13.5e Common Open Space At least 50% 86.1% 86.6% 13.5f Parking At least 299 spaces 363 Spaces 417 spaces 13.58 Public Sewer Must be connected Connected Connected 13.5h Public Safety Must be sprinklered Sprinklered Sprinklered 3 Calculation Sheet Scenario#1 "` ' Scenario#4 Parcel A Parcel A+ Parcel G/H (as is) proposed) ERC Land 1,433,124 1,840,051 TTR Land 1,285,020 1,719,719 Total Land 2,718,144 3,559,770 Paved 243000 269000 Gross Floor Area 346,134 441,497 Floor Area Ratio 0.13 0.12 Building Coverage 135,155 209,119 Lot Coverage 5.0% 5.9% Building & Pave Coverage 378,155 478,119 Open Space 86.1% 86.6% i I I i 9 I a APPLICATION FOR A FINDING Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 7A Existing Buildings There are a number of pre-existing barns, agricultural buildings and two single family dwellings, and one 3 family dwelling currently located on the Property, all as shown on the accompanying plans. s i i i i i i (I 4327\64824\AO 146867.1} r APPLICATION FOR A FINDING Petitioner: Edgewood Retirement Community, Inca Additional Sheet 7B Proposed Buildings Under Section 13 on continuing care retirement center, a total of 25 additional dwelling units consisting of Independent Dwelling Units under Section 13.3.c are proposed to be constructed. Two (2) of those units located in the Milk Barn, a pre-existing non-conforming structure which lines within the 100' setback perimeter required in a Continuing Care Retirement Center (CCRC) per Section 13.5.d.1 Perimeter Setback, will not be able to meet the 100 foot Perimeter Setback under Section 13.5.d.I. (14327\64824\0146867.1} MEMORANDUM IN SUPPORT OF PETITION FOR FINDING Petitioner: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street,North Andover, Massachusetts Introduction Edgewood Retirement Community is a "CCRC" (Continuing Care Retirement Center) originally approved for 250 units. At the present time, 219 Congregate Housing Units contained within several apartment style buildings have been constructed, with permission to add up to an additional 31 units. These 31 additional units would already comply with all density requirements and could be constructed at any time. In 2004, in cooperation with Sam Rogers (whose family has owned Edgewood Farm for a long time) and the Town of North Andover, Edgewood Retirement worked to acquire the remaining 19 acres of Edgewood Farm at a substantial cost. This 3-party cooperation resulted in 10 of the most critical acres (from a visual and streetscape point of view) being permanently preserved as open space which includes the 2 large barns closest to Osgood Street. Even though Edgewood Retirement, without addingL any additional land, is able to add 31 additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is proposing only an additional 27 units (rather than the 31 units which could already be built under the density standards previously approved). This current proposal is a way of completing and rounding out the housing diversity in this CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of which there are currently 219 constructed. The 25 new units will be "Independent Dwelling Units", which under North Andover's Zoning By-law must consist only of free-standing buildings which contain up to 5 dwelling units per structure. Again, the current proposal to add 25 "cottage" units is the universally preferred method of providing an appropriate "cap stone" to this remarkable CCRC. The Zoning Relief requested relates solely to the 100 foot Perimeter Setback in one (1) limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clean not an attempt to maximize density by shoe-horning units in locations that are not Y p Y appropriate. Rather, in a desire to preserve the Milk Barn, an historical pre-existing, non-conforming structure, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all led to the current proposal to place 2 units in the Milk Barn which pre-exists within the 100 foot Perimeter Setback (as noted, being in locations directly adjacent to permanently restricted open space (owned by the Town). (14327\64824W 146878.1 It is critical to note that the 2 Milk Barn Units conform in all respects to the Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is only relief from the 100 foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers (CCRC's) that is needed for the Milk Barn, a pre- existing, non-conforming structure. Discussion 1. Edgewood Retirement Community, Inc. is currently a Continuing Care Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as authorized by permits granted by the North Andover Planning Board under Section 13 of the North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed. A total of 250 units were originally authorized under the Permits, but the Petitioner has refrained from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may consist only of free standing buildings which contain up to 5 dwelling units per structure. 2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575 Osgood Street (the "Main Parcel"). In 2004, an additional I9+ acres were purchased from Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19 designated as 549 Osgood Street and otherwise known as Edgewood Farm. 3. The 2004 Parcel was purchased in the name of the Petitioner's wholly owned subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the Petitioner will be deeded the 2004 Parcel by its subsidiary, thus unifying ownership in the name of Petitioner. 4. The underlying Zoning District is the R-2 Zoning District, which requires setback (sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter Setback which the currently constructed buildings adhere to. However, to preserve the Milk Barn, an historical pre-existing, non-conforming structure, Edgewood proposes to place 2 units in the Milk Barn which pre-exists within the 100 foot Perimeter Setback. The basic justification for seeking the Finding consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended to provide a proper degree of separation between adjoining landowners and their various uses. 5. In the current circumstances, all of Petitioner's land abuts land that has been placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such, there is no legal possibility that structures or any other uses beyond Open Space Uses will ever be constructed within 100 feet of any of Petitioner's proposed buildings, including without limitation the Milk Barn for which this Finding is applied for. 6. The plans submitted with this Application show the current conveyancing lines separating the Main Parcet owned by Petitioner from the 2004 Parcel (currently standing in the {]4327\64824\A0146878.I} 2 name of Petitioner's Subsidiary). As mentioned above, this internal dividing line will be rendered immaterial once the Deed into Petitioner is recorded at the conclusion of the Permitting Process. Any dimensions shown on the Plans indicating setbacks from the Internal Boundary Line between the Main Parcel and the 2004 Parcel are simply for reference purposes only. 7. With respect to density, no relief whatsoever is being requested in this Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units currently exist, and the Petitioner will be applying to the North Andover Planning Board for 25 additional Independent Dwelling Units, bringing the total onsite to be 244 units. 8. MGL c. 40A, and North Andover Zoning Bylaw Section 10.4 require that all Petitioners satisfy the legal requirements in order for the ZBA to grant any requested findings. Consequently, the Petitioner respectfully submits the following: A. Proposed Use: As noted above, the Petitioner intends to complete the CCRC which was originally constructed by Petitioner in stages. To the current total of 219 units, the Petitioner proposes to add an additional 25 units, which at 244 total units will still keep Petitioner under the 250 unit maximum. B. Circumstances: As can be seen from the Plans, and an inspection of the Property, the Petitioner's land has conditions, which especially affect the Petitioner's property which do not affect generally the zoning district in which the Property is located. In particular,the Petitioner's use as a CCRC is unique within the R-2 District of the Osgood Street neighborhood, with the vast majority of surrounding land uses being dedicated to Open Space owned either by private conservation group such as the Trustees of Reservations or the Town of North Andover itself. The whole purpose of Petitioner acquiring the 2004 Parcel was to accommodate and cooperate with the stated goals of Mr. Rogers and the Town of North Andover to preserve as much as possible of the original streetscape of Edgewood Farm as it appears from Osgood Street. As Edgewood Farm developed over its long history, various portions of the Farm have become wetland areas in order to accommodate the hillside drainage flows necessary to establish and support agricultural uses on Edgewood Farm over the many centuries. C. Argument: A literal enforcement of the applicable zoning district (100 foot Perimeter Setback) would create a substantial hardship to the Petitioner. In order to financially justify the large dedication of Open Space, as well as to refurbish and perpetuate the existing barns located on the Restricted Area of the 2004 Parcel and the Milk Barn, Petitioner is severely limited in locating the additional 25 units, and even with the additional 25 units the Petitioner will not be building the Property out to its maximum capacity of 250 units (the Petitioner's project to be a total of 244 units by adding the proposed 25 units to the currently existing 219 units). D. Relief is Desirable and Not Detrimental to the Public Good. As noted above, Petitioner and Mr. Rogers, in order to preserve and perpetuate the area where the 2 large barns from Osgood Street and the Milk Barn, carved off approximately 10 acres of the 19 acres visible pP g remaining in Edgewood Farm, thus limiting the areas where Petitioner could locate the additional {14327\64824W0146878,1} 3 units. Petitioner's other land will be the subject of an Application to the Planning Board seeking modification of the CCRC permits to allow other CCRC uses (8 additional beds to the 45 bed skilled nursing facility, as well as the addition of a social day program area and alternative dining space, along with expansion of the wellness and physicalsic 1 therapy areas). The Finding requesteduested provide desirable will P le relief in that the Petitioner will be able to refurbish the 2 barns and the Milk Barn, and thus preserve the streetscape from Osgood Street relative to Edgewood Farm. As noted throughout this Petition, Petitioner's property is surrounding by existing permanently restricted Open Space, for which Petitioner Use's are quite compatible. E. Consistency with Intent and Purpose of Zoning Bylaw: The central purpose of Section 13 in allowing CCRC's within the Town of North Andover is to provide diversity of elderly housing, while preserving large areas of open space. Petitioner's proposed additions, which will be supporting by the requested Variance, will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. F. Conservation Commission RDA: The Petitioner applied for and received its RDA from the North Andover Conservation Commission,which approval has become final. Conclusion For the foregoing reasons, Petitioner respectfully request that the ZBA grant the Finding that, relative to the Milk Barn, the proposed rehabilitation is a change or alteration which will not be substantially more detrimental than the existing non-conforming structure to the neighborhood. AitsAttomeys mitted, ent Community, Inc. Devine Millimet & Branch, P.A. Robert W. Lavoie, Esq. 300 Brickstone Square Andover, MA 01810 (I 4327\648241AO 146878.1 } 4 Table of Contents Overview of Edgewood Retirement Community Description of Project Existing Conditions Site Plan Proposed Master Site Plan Individual Photographs of Barns& Sheds Architect's Conceptual Plans I N, 11 t C,- 7-1 Overview of Edgewood Who We Are. . . Continuing Care Retirement Community with: ➢ (219) Independent Living Units ➢ (45) Beds in Skilled Nursing Facility What We offer. . . . Alternative Living Experience to enable the philosophy of Aging in Place What Services We • Independent Living Provide . . . • Social Day Care • Home Health • Long Term Care • Wellness Center • Physical Therapy • Semi-Formal Dining Who our Residents • 42% are from within 10 mile radius of Edgewood are. . . • Average age of resident when they enter Edgewood= 82 What our Residents • Cognitive Impaired Unit Need . . . • Increased capacity of Social Day Program • Increased capacity of Physical Therapy • Expanded Services at Wellness Center • Additional Home Health Care How we can meet Build (2-5) additional Cottages to our community to generate their needs. . . funding for additional programs How the Farm • Enables restoration of the Horse Barn, Milk Barn, and the Benefits from this Maintenance Barn project too. . . • Enables opportunity to restore landscapes consistent with its agricultural setting Description / Project Edgewood Retirement Community is looking to erect a residential expansion that will include the construction of twenty-five cottage-style units, restorations of three barns located on their campus, and renovation and expansion of the existing "Common" building and rehabilitation unit "The Meadows". Cottages will remain under the ownership of Edgewood. Residents will live there under a Lifecare program, similar to the existing program. The following description for the proposed scope of work is comprised of the following components: I. Cottages b 12 Detached Cottages b 5 Duplex Cottages * 2 Cottages in the "Milk Barn" E* 1 Cottage in Col. John Osgood House b Infrastructure (roadways and utilities) w [ N R E C K _ 2OW' I/— FOR REGISTRY USE ONLY NORTH ANDOVER ZONING l CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE NOTES. PRESCOTT ST. OSG000 ST. BOARD OF APPEALS LINES DIVIDING EXISTING OWNERSHIPS, AND THE.LINES OF STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR 1.) THE PURPOSE OF THIS PLAN IS TO SHOW THE D PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND MILK BARN'; A PRE—EXISTING NON CONFORMING i NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS STRUCTURE TO BE ALTERED/REHABILITATED AS = OR FOR NEW WA WN. R 41 SECTION SIX PART OF THE APPLICANT'S CONTINUING CARE g H OF RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. MICHAEL SEE ALSO NOTE 0 BELOW. LOCUSSE(�1 2.) 7 - WET LANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. 47 NEWTON ROAD, PLAISTOW, NH A, 8 10/70/07 (AUGUST 2006)& (NOVEMBER 2006) OO = DATE: MICHAEL J. STC ;�p' DATE J.) PARCEL (A)SHOWN ON A PLAN BY ROBERT M. enGILL &ASSOCIATES, INC. AND RECORDED AS PLAN THE CERTIFICATION SHOWN ABOVE IS INTENDED TO MEET NUMBER 11813 ON FILE WITH THE NORTH ESSEX ASSESSORS REFERENCE REGISTRATION REQUIREMENTS AND /S NOT A CERTIFICATION REGISTRY OF DEEDS, AND DESCRIBED IN BOOK TO TITLE OR OWNERSHIP OF PROPERTY SHOWN.OWNERSHIP 9,223 PAGE 117, OWNED BY EDGEWOOD RETIREMENT MAP 36 PART OF LOT 17 OF ADJOINING PROPERTIES ARE ACCORDING TO PROPERTIES, LLC. WILL BE COMBINED WITH THE LOCUS MAP GIA ASSESSORS RECORDS. ' L�� LAND OF OW EDGEWOOD RETIREMENT COMMUNITY, INC. MAP 36 LOT 1 UNIFYING OWNERSHIP UNDER THE NAME OF I N/F EDGEWOOD RETIREMENT COMMUNITY, INC. MAP 36 LOT 17 MARY F. CHARLES - I (EDGEWOOD RETIREMENT PROPERTIES, LLC., IS THE REFERENCE PLANS GIB c7c c73 7976 TRUST SEE PLAN X74951 G12 WHOLLY OWNED SUBSIDIARY OF EDGEWOOD , N.E.R.D PLAN AF14951 FOR BOUNDARY/PARCEL G1 G2 G11 RETIREMENT COMMUNITY INC.) I CERTIFY THAT 1H1 PUN CONFORMS TO THE RULES N.E.R.D. PLAN#118/3 LINES AND REGULATIONS F THE REGISTER OF DEEDS. PART OF PARCEL A EXIST/NG _ G10 a� �^` FOUNDATION - G3! G8 \ G4 TO DISMANTLED l 10/10/07 REFERENCE DEEDS �? _ SILO �- ' _ . G5 DATE _ N.E.R.D. BOOK 9213 PAGE 177 I r 2S� _ + G6 H70 H9 N.f.R.D. BOOK 4378 PAGE 115 I H7�. I _ __S_ - WIDTH VAR/ES �. 25' �$ ToISrIAIc agRN—�7 25: _ _ ZONING BOARD OF II BE RAZED APPEALS PLAN DWEL41MG ',� G �y�z �/ i'/,/ // r� 2S,�` LOCATED IN I �, 1,550 NORTH ANDOVER MA / , l RECORD OWNER&APPLICANT SQ.Y I 1 FT. EXISTING So, MILK BARN To BE &0,'' ,/' I EDGEWOOD EXISTING f' RETIREMENT L ' ,j G2 ALTERED / TO of RAZED/ / ' I `- 4 --1 550 REHABILITATED r^�/ 7' _ __ _ , SEE NOTE 1. L-4'_ ' COMMUNITY INC ZONING DISTRICT \ SQ.Fl .± -J_ EXISTING ARNG C/O MARLENE ROTERING RESIDENTIAL DISTRICT 2 n ——__ L'Z r i TO BE RAZED 549 OSGOOD STREET, NO. ANDOVER, MA. MINIMUM AREA = 43,560 S.F. SCALE. I" = 40' DATE: 10/10/07 J� '�1 r / �_---._ MIN/MUM FRONTAGE = 150' I J , ,/ Op, L� 40 0 40 80 FT MIN/MUM FRONT SETBACK= 30' o _ ' / / `_ GTU� MINIMUM SIDE SETBACK = 30' / / ' � �D/� pppF[HD SURVEYORS ENGINEERS MINIMUM REAR SETBACK = 30' ^ S�1-19A C` UNO SURVEYORS SECTION-13.5 STANDARDS AND RESTRICTIONS _ t "J f'_<1 cK �INF CHRISTIANSEN160 SUMMER ST. AAVERHIU�M,oSERGITEt. 878-373-0310 d. DIMENSIONAL REQUIREMENTS \ p 7007 BY CNR/STIANS£N SfRGf Na PERIMETER SETBACK = 100• SHEET 2 OF 2. DRAWING NO. 06084 007 , � x J s9 dV.T.1i r � : 5 7 ti 1 9t yy , .. -• tea' '�� , Y r r k.� 1, .r } a, • Milk Barn To Be Restored a J +f .a Shed #4 To Be Removed g� 'amu. �$.,.1. �• F �'i' 'A ;. �,'g= ' C A 1$ f K $P; Conceptual Cottage Plans if t, k� ,a r r i u �S �S i �4 � 1� r.. `^ �►� ,a' �,� � i � i Ii � m lli 4"'!!ij a Al rVIII 41 , � , t pqz s i % \ � s . x � � � \ Thi +g u� MON 20 WIN mom— an WINE ub ii r sy^{IrA� a. �j � a Will ?' �,-,C ../� ' l�ti� ®. •:_/' ,tom£ P5-o£ e� ,...._�'- - . r �� + .� �•�«,.. '��,,..� - .,�,,.�� P d tea, : � +-� `� � �e �•p!t ate �j + �'®'talm�" ,��"=`- .�' tz� r c �',!• ,� 5 dA•,{y� C F,�i'�p1�a ILI ME, Al 7 Ml { S+¢,M d\�a■■�,'i�� ,y s pA ' - ge.,�, m £ r�r' I�1. � act ,:; .�: r� �� r t 3}+Fn� �' � 1�� I r+���i!•r i -- `+� ��r �' i� � �: rr �� r �� �;,IJ 9 f�•�!1' ldln� I �r "�.�� !'tf�=�,- I�A7 #��I � .14 ire s L ai11N��s ' AMT , ��y —y`%"�:+' ► `��( �� 1�r=J t1kV,�,��"dds, a+�iY '� - -�. � � ��..a��.i5."�.�...�an� i.`sem.° }��m :�> `q.a�YrB�y,• � 1 Lo�rr M, tis r s,ae sn,�. �S MAs }z p 15,4sT e5st.lgr t i � 'PR6suJ4 i i Leal. .cu A IL t t rz "6Esw.eoe{L ffl 14 o n ) 1 S�xISL Milk Ba m- : Proposed 2nd Floor Plan 9.26.07 1/8"= 1'-0" 1,571 Gross SQ. FT. Per Unit Unit F L,a 88-f . STa l¢a,c� STc��ACx� 1 Z + Milk-Ram: Proposed I"Floor Plan 8K 9223 PG 177 QUITCLAIM DEED 1, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301, North Andover,Massachusetts(the"Grantor'),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 00/100($950,000.00),grant to EDGEWOOD RETIREMENT PROPERTIES,LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS, the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover,Essex County,Massachusetts: Lot 7 on a plan by Harry R.Feldman,Inc.entitled"Plan of Land No. Andover,Mass." dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. Parcel A on a plan by Robert M.Gill&Associates, Inc. entitled"Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 ,b rn with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. ul C= Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc.entitled"Compiled Plan of La - ,< W z in North Andover,Massachusetts"dated July 5, 1995 and recorded as Plan No. 12724 ' with said Registry of Deeds. As set forth on said plan,Lot 2A-1 contains a total area of.?` 93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A .0 containing 128 square feet). F`; o rn w The parcels are conveyed subject to and with the benefit of all rights,easements,covenants, r s O restrictions, agreements and other matters of record,to the extent the same are in force and applicable,including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. 0 For Grantor's title to the above,see the following: c an es'f Deed dated June 14, 1984 from The First National Bank of Boston,as trustee,recorded at Book 1826, Page 134[as to portions of Lots 2A-1,2A-2,2A-3 and 7]. Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948,Page 170 [as to a portion of Parcel A]. Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363,Page 306 [as to portions of Parcel A and Lot 7]. Deed dated April 24,2000 from Michael L.Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-2]. AKW DEME,MQ.LIMET &BRANCH PROFESSIONAL. ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 PK 92 .3 PG 178 Executed under seal this f day of Qf earyNkwr,2404. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: 0c'Ss On this day of �M A ,2444,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: identification based on my personal knowledge of his identity,or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is.unaffected by this instrument, is personally known to me,and personally knows SAMUEL STEVENS ROGERS. 4ssioVncxpires: 7 s My commi —yr Q (SEAL) - r q' . i Bid 437$ FG 115 DEED 1, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby w1mowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws, Chapter 180, with a usual place of business in North Andover,Essex County,Massachusetts(the"Grantee")with Quitclaim Covenants,a certain panxil-of land situated on the Easterly side of Osgood Street in North Andover,Essex County,Massachusetts,shown as Lot 6 on a plan entitled:"Plan of Land d No.Andover,Mass."by Harry R.Feldman,Inc.,Land Surveyor,dated April 11,1989,consisting y of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1999 as � 0 effected by an Affidavit dated November 9,1989,secorded with said Deeds in Book 3029,Page .4' 90, '?e "Plan"),said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and . -,_ :,s set forth in Exhibit A attached hereto and made a part hereof,-containing,according fp 0 o to t,:; an as affected by said Affidavit 2,716,664 ± square feet or 62.366 +_ arras, (the 0P0 "Premises"). There is also conveyed herewith as appurtenant to the Promises the following: 04 O o-P to and with respect to any land (1) All rights,title, and interests,if any,of Grantor in. 0 0 lyin, - <he bed of Osgood Strect-directly abutting the Premises; �+z ci the non-exclusive right, in common with Grantor and all others legally entitled thereto, to paand repass over the "Lane To Pond Pasture(Private Way)" shown on the Plan; ss G .d u (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and exclusive right and easement for signage, drainage, grading and slope rights in that certain w _ o triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 N of 4)as "Drainage,Grading do Signage Easement",-said parcel of land being more particularly co N bounded and described as follows: u b w WESTERLY by Osgood Street,as shown on said Plan,38.06 feet; NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 feet; SOUTHEASTERLY by Lot 6,as shown on said Plan,79.68 feet. together with the perpetual and exclusive rights and easements in those portions of Lots BA a 7 shown on the Plan designated as"Construction Easement'A`","Construction Easemen "Construction Easement'C"on the plan entitled:"Plan Showing Easements for Edgewood Life Care,Inc No. Andov!jp Masa." dated August 20, 1991,prepared by Harry R. Feldman, Inc-to be recorded-herewith for drainage, grading and slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding SL the provisions set forth in this paragraph(3),Grantor reserves to himself and-to his successors �.,, 1x`115 irdgeuxx�i 1-�--rv�e s�n-c I BIS 4378 PB 116 and assigns as the owners of Lots 5A and 7 shown on the Plan the right to use those portions of Lots 5A and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements herein granted by Grantor provided that Grantor,shall not erect or allow any other person or entity other than Grantee, its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein. This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall run with the land,be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (2 1)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992,or for fifty(50)years from March 31, 1992,unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage trails. Said restrictions,covenants, licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities-developed by Life Care Services Corporation,a corporation organized under the laws of Iowa with a principal place of business in Des Moines, Iowa This miction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making n loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis covets,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest bay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede Grantor's ability to mechanically cultivate and harvest bay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between BK 4378 PG 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on.the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutuallyagreod between Grantor and Grantee provided that the same do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. (9) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d),(e)and(f)shall be subject to the teens of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith, and Grantee shall take such steps as may be necessary to enable Grantor to exercise the rights set forth is subparagraphs(d),(e)and(f)hereof,subject to and in accordance with the terms and limitations set forth in such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative,permit Grantor,at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access rod provided such utilities are only used to service existing(or relocated existing) residences, farm structures, and farm related uses, and for no other purpose. It is understood between the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in place of an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions,covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1984 and October 22, 1996 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. GK 4378 PG 118 WITNESS my hand and seal this Vtitlay of D&66t, 1995. ��..0 ( qa�� Samuel Stevens Rogers COMMONWEALTH OR MASSACHUSETTS 5%,r%1k, ss. OMAOo ;.? 1995 Then personally appeared the above named Samuel Stevens Rogers and acknowledged the foregoing instrument to be his free act and deed,before me 40&Public My Commission Expires:Seth-6r.2p, ,rr�► NIP P 4(e, Y (0 X ' M 4 i I BK 437$ P6 119 The undersigned hereby aowi&the restrictions,covenants, licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC. By: +( COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. o .:w Ke. 8" . 1995 S tinc'R7 Then personally appeared the above named Elizabeth A.Belami,Trcastuer�of Edgewood Retirement Community,Inc.,and acknowledged the foregoing insmanew to be the free act and deed of said corporation,before me n— R� t Notary Public My Commission Expires: S e r G N CkC% I� FXMrr A 8K 4378 PG 120 r OT 61►�r�i'ri C ALtL1i1,$OtJ1YC1S DES RUMM Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W,along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W,a distance of 150.00 feet to a point; thence honing and running N 52' 45' 33"E,a distance of 79.68 feet to a point; thence turning and running N 66' 10' 59" E,a distance of 165.10 feet to a point of curvature; thence turning and running by a curved line to the right of radius 350.00 feet,alength of 199.23 feet to a point of tangency; thence running S 81' 12' 09"E,a distance of 242.76 feet to a point of curvature; thence turning and nursing by a curved line to the right of radius 125.00 feet,a length of 119.34 feet to a point of tangency; thence running S 26' 57' 27"E,:a distance of 45.37 feet to a point; thence honing and running N 78' 59' 43" E,a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E,a distance of 21.00 feet to a point; thence taming and running S 31' 14' 46" E,a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14" E,a distance of 120.68 feet to a point; thence turning and running N 78' 26' 40" E,a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37" E,a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a point; thence turning and running N 13' 22' 00"E,a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point; BK 4378 PG 121 thence turning and running by the following five courses: S 76' 33' 49" E, a distance of 84.46 feet S 82' 55' 37" E, a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.11 feet; S 85' 03' 11" E, a distance of 99.77 feet; S 89' 03' 24" E, a distance of 51.10 feet to the end of a stone wall; thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a drill bole at the comer of the stone wall; thence turning and running S 19' 17' 59"E,along a stone wall,a distance of 181.49 feet to a point at the corner of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E, a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E, a distance of 363.94 feet; N 77' 34' 20" E,a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Cochichewick as located on January 6, 1986, 1,485±feet to a point; thence turning and running S 79' 55' 35" W,a distance of 594±feet to an iron pipe; thence turning and running N 17' 50' 15" W,a distance of 239.03 feet to a drill hole at the comer of a stone wall; thence turning and raining along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a.drill hole; S 76' 29' 23" W, a distance of 311.43 feet to a drill hole; S 67' 43' 31" W, a distance of 120.13 feet; S 57' 36' 33" W,a distance of 89.12 feet to a drill hole at the comer of the wall; thence turning and running along a stone wall the following three courses: N 32' 14' 07" W, a distance of 102.94 feet to a drill hole; N 32' 25' 40" W, a distance of 223.93 feet to a drill hole; N 32' 12' 31" W, a distance of 128.31 feet to a drill hole at a bend in the wall; thence turning and running along a stone wall the following four courses: N 58' 43' 38" W, a distance of 64.03 feet to a drill hole; N 61' 12' 19" W, a distance of 198.17 feet to a drill hole; BIS 43718 PB 122 N 59' 01' 34" W, a distance of 170.63 feet to a drill hole; N 55' 35' 13" W, a distance of 102.85 feet to a drill hole at the comer of the wall; thence turning and running N 36' 59' 44"E,a distance of 306.32 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W,a distance of 277.64 feet; N 31' 14' 46" W, a distance of 383.73 feet to a drill hole, thence turning and running N 15' 55' 41" E, a distance of 26.38 feet to a point; thence turning and running by the following five courses: N 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W,a distance of 39.59 feet; N 60' 05' 42" W, a distance of 58.96 feet; N 74' 43' 12" W, a distance of 49.85 feet; S 62' 59' 43" W, a distance of 21.32 feet-to a point; thence turning and nnnning N 20' 00' 00" W,a distance of 24.00 feet to a point; thence turning and nursing N 81' 12' 09"W,a distance of 81.12 feet to a point of curvature; thence running by a curved line to the left of radius 300.00 fat,a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W, a distance of 178.61 feet to a point; thence turning and running S 18' 29' 06" W,a distance of 153.20 feet to the point of beginning. NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323,Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center 2/15/94 -Recorded at Book 3983,Page 268 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D Access Strip to Mary Charles Property • • 10/24/95 Frontage Special Permit 10/24/95 -Recorded at Book 4384, Page 99 {14327\64824\A0131463.1} Conservation Commission Dated • Conservation Restriction • 10/27/9511/10/95 -Recorded at Book 4379,Page 242 • 8/2/95 • Order of Conditions 9/1/95 -Recorded at Book 4331, Page 21 (14327\64824\AO131463.1} i f l EDG WOOD RETIREMENT PROPERTIES,LLC CIC?EDGEWOOD RETIREMENT COMMUNITY, NC. t y 575 OSt3t�C➢ll 5 tR11ET NORTH ANDOVER,MA 01845 i (978)725-3300 3 i April 1;1, 2007 a North Andover Zoning;Board of Appeals 120 Main Street 9 North Andover,MA 015145 3 711 hmmPetition for Setback Relief Petitioner. Edgewood Retirement Community,Inc. ' Property; 549 Osgood Street,North Andover,MA(Map 36,Parcel 17, 18 & 19) Owner: Edgewood Retirement Properties,LLC 1 To thc;ZBA; s This will confirm that F.dgcwood Retirement Properties,LLC("Owner".)is the record title O'vner of the abovarrefereneed Property,said Property is a portion ofthe land which is the subject of the Variance Petition brought by Edgewood Retirement Communities, lnc, ("Edgewood Retirement"). 1 The Owner hereby authorizes, and confirms its authorization to,Edgewood Retirement to file theVariance Petition for the Property, in as much as Owner will be transferring ownership of the Property to Edgewood Retirement upon successful completion of t1w. j permitting process(which had started earlier this year with the Conservation Commission, is now before the ?BA,and will continue:through the Planning Board for Special Pei-rnits, and the Conservation Commission for an Ordcr of Conditions). This will further confirm that:the;Owncr is the 100%subsidiary off-Agewood � Retirement, For the sake of convenience,title to the Property when it was purchased (torn Mr.Rogers in 2004 was taken in the name of OV4'ne'r, due to the fact that Edgewood Retirement's expansion,plans were only just then beginning to be formulated. As can be ! seen by this filing,the Expansion Plans have coalesced into the current Program only after a careful,methodical consultation with Edgewood Retirement's resident community and various Town UCNorth Andover Boards and Officials. 3 Should you have any questions,require any further information about this matter,please do not hesitate to contact me,or the attorney for PAtigew od Retirement and for the r 11432n776111At)132447.1) t t � � Owls Attorney Eobet W. Lavoie,of Devine Myi a» Branch,P.A. bAed in 4r4nAm M&who=be reached at 978)475-9 100, | Very truly m% | . . . � EDG[WOOD RETI k£MFN'r mo£/n£% /LC ! \z «, </. ? | Marlene k& !! %%,Manager � ( � . } . . { . : . . ! � � ! (1432-A7761 P M44,Q Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly opposheon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subiect Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Map Parcel Name A dress 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Ass so ffice as of Certified by: Date Please time stamp both copies and return one copy to Mary Ippolito. TO: j� ��' FAX # Thank you. FROM: 6ary, Planning Assistant FAX #978-688-9542 - PHONE #978-688-9535 Please sign your name and fill in address of premises affected, Ti in current date,return same to fax#978-688-9542. Th ` - ou. "REQUEST FOR A CONTINUANCE" = ` ° t , w- NAME: FjCrE'600d ee /tjZc. w ADDRESS OF PREMISES AFFECTED- Y75- PHONE NUMBER: AREA CODE:_(f 7F ) 4/7-` f100 "I WISH TO REQUEST A CONTINUANCE UNTIL THE NfiW 10-0-07 SCHEDULED PLANNING BOARD MEETING, THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA. 7"lfi(04t-# .4^a .ZNC4_61a1NG Id -3/- 6>7 SIGNED BY PETITIONER OR REPRESENTA . f"d Si ture DATE: .700 fill ih current date WCONTINUEANCE Town of North Andover Continuing Care Retirement Planning De artment Center Special Permit Town of North Andover Planning Board Application for Special Permit (MODIFICATION) Please type or print clearly. 1. Petitioner: Edgewood Retirement Community, Inc. (Attn: Marlene Rotering) Petitioner's Address: 575 Osgood Street, North Andover, MA 01845 Telephone number: (978) 725-3300 (a) (575 Osgood) Edgewood Retirement Community, Inc. 2. Owners of the Land: (b) (549 Osgood) Edgewood Retirement Properties, LLC. Address: 575 Osgood Street, North Andover, MA 01845 Number of years of ownership:(a) 11+ years 3. Year lot was created: (b) 2+ years 4. Description of Proposed Project: See Additional Sheet 4 5. Description of Premises: See Additional Sheet 5 6. Address of Property Being Affected 575 and 549 Osgood Street Zoning District: R-2 Assessors: Map: 36 Lot# 3, 17, 18 h i 9 Registry of Deeds: Book#:(a) 4378 Page#: (a) 11.5 (b) 9223 (b) 177 7. Existing Lot: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Proposed Lot(if applicable): NSA Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 9. Required Lot(as required by Zoning Bylaw): SEE ATTACHED EXHIi ` }/( {g COMPLIANCE Lot Area(Sq.Ft) Building Height Street Frontage: Side Setbacks: 1042 R1333"tl Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 10. Existing Building(if applicable): N/A Ground Floor(Sq.Ft) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 11. Proposed Building: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Ground Floor(Sq.Ft.) #of Floors: Total Sq.Ft. Height: Use: Type of Construction 12. Has there been a previous application for a Special Permit from the Planning Board on these premises? YES If so,when and for what type of construction? 1989: CCRC 13. Section of Zoning Bylaw that Special Permit Is Being Requested Section 13.1 and 10.31 to Modify the Existing CCRC Special Permit granted October 5, 1989 (Attached) 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning B card of this application as incom lete. , t Petitioner's Signat e: Marlene G. Rotering, Executive Director Print or type name here: gew9jod Ret4 mte4it Community, Inc. Owner's Signature: A li Marlene G. Rotering, Executive Edg woeti,eme t Co ity, nc. Director Print or type name here( Marlene G. Rotering, Manager Edgewood etirement r operties, ALLC 15. Please list title of plans and documents you will be attaching to this application. ADDITIONAL SHEET 4 Proposed Project: The applicant has proposed to construct 27 new cottages of approximately 1400 - 2,000± S.F. each and a greenhouse of approximately 720 S.F. There will be a new 20 foot wide roadway with individual driveways to access the cottages. There are two existing buildings that will be renovated into three units. The renovated buildings will use the existing building footprint. The project will remove three existing buildings, a gravel access drive and a parking area in the 100 foot buffer, up to the BVW along the east side of the property. In addition, additional CCRC Program Space will be added, as shown on the Site Plans. A new informal Dining Area (the `Bistro")will be constructed, along with a 2 story addition containing the Adult Social Day Program. Also, an addition containing a Cognitive Impaired Unit is being proposed. Along the access road to the Pre-School, the Applicant is proposing to remove approximately 3,500 S.F. of existing buildings within the 100 foot Wetland buffer zone up to the 25 foot buffer zone. The existing gravel drive will be improved with a bituminous concrete surface. The improved way will be designed so that all new runoff will pitch away from the wetland into treatment swales along the southern edge of the road. This will treat and convey the runoff before discharging into the wetland at the southern end of the site. The existing gravel way leading to Half Mile Hill and Town of Andover Conservation land will be maintained. There will be a fire access from the improved way to the existing parking lot just south of the proposed cottages. This fire access will be gated at both ends and it will be constructed of a grass paver material which will infiltrate rainfall and support the weight of the fire trucks. The project will include swales, rain gardens and Stormceptor catch basins to treat stormwater runoff from the project site prior to discharging toward the BVW. There are retaining walls proposed along the southern edge of the property to accommodate for the quick change in grade. The retaining walls vary in height. The proposed development of the site results in a net increase in impervious area. The final total proposed impervious area is approximately 111,426 square feet, an increase of 53,491 square feet from the existing site. Work proposed within the 25'-buffer"No Disturb Zone" consists of removal of impervious surfaces, grading for storm water treatment and volume retention and access way improvements. Construction activities performed in the "No Disturb Zone"will require extreme care not to disturb more land than necessary. Conservation plantings will provide opportunities to remove invasive species and add native species to the area. f14327177611\A0133639.1) ADDITIONAL SHEET 5 Existing Site Conditions: The existing site at 575 Osgood Street consists of a Continuing Care Retirement Community ("CRRC") originally approved in the 1990's. The site consists of a main building, a health care facility and residential units. The new parcel under consideration has 8 structures (6 barns and 2 dwellings)on over 17 acres of farm land. The parcel generally slopes down (elevation 169 to 154)from the northern portion of the site to the existing paved driveway that leads to the main buildings. Analysis of the existing drainage patterns takes into account off site areas north and east of the locus. There are two gravel driveways and a small gravel parking area. There are wetlands to the north and east along the property line and wetlands along the southern edge of the property. There is a gravel drive that leads to the Family Cooperative Pre-School east of the site. This is the only access to the school. This gravel drive also leads to conservation land (Half Mile Hill). There are mature trees that line the gravel access to the school. A Conservation Restriction Easement extends approximately 300 feet to the north of the paved driveway running to the eastern property line. {14327\77611\A0133638.11 TZoning Bylaw Review Form „OR/, •'�e Town Of North Andover 0i Building Department ' 1600 Osgood Street,Building 20, Suite 2-36 �.,....�"� North Andover, MA- 01845 �SS"`""'tt Phone 978-688-9545 Fax 978-688-9542 Street: 549&575 Osgood Street Ma ILot: 36/3,17,18&19 A licant: Ed ewood Retirement Community,Inc. Re nest: Construct 27 single&duplex cottages Date: 4-12-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-2 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting2 -Frontage Complies 3 Lot Area Complies 3 Preexistingfrontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage - • 1 Allowed G Contiguous Building Area E 2 Not Allowed 1 Insufficient Area 3 Use Preexisting2 Com les 4 Special Permit Required X 3 Preexistinq CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient X 3 Preexisting Hei ht 4 Right Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexistin setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 overage Complies D Watershed 3 Coverage Preexisting r1 Not in Watershed 4 Insufficient Information 2 In Watershed Sign 3 Lot prior to 10/24194 1 Si n not allowed 4 Zone to be Determined 2 Sian Complies 5 Insufficient Information 3 insufficient Information E Historic District }( Parking 1 in District review require 1 More Parkin Re uired 2 Not in district 1 Parkin Complies 3 Insufficient Information Remedyfor the above is checked below. Item# Special Permits Plannin Board Item# Variance X Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area.Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit S ecial Permits Zoriin Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled'Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department wilt retain all plans and documentation for the apove file.You must file a new building permit application form and begin the permitting proses . Building Department Official Signature Appli at'io eceived Appl catio Denied Denial Sent: if Faxed Phone Number/Date: Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference B-4 A Special Permit is required from the Planning Board per Section 13.1 Establishment..."The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section."of the Zoning Bvlaw in order to construct the proposed new units. C3 &4 Dimensional Variances are required from the Zoning Board in order to construct the proposed new dwelling units within the 100'setback perimeter lines per Section 13.5.d.1 Perimeter Setback......No building or other structure shall be located within one hundred(100)feet of perimeter lines ofUCRC parcel." Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planninq Historical Commission Other BUILDING DEPT ZonineB V law'DeniaL000 BK 335 TOWN OF NORTH ANDOVER 0AypOR11KER / XLSSACHUSETTS kT e AIWdPP�.. bsfi(ed :. Y 'r within i rrthe s NOTICE OF DECISIDN N Offil r" a 4nft thsTown w r" � Ttd7Wb y" DaW.qqtAW.sd.MR.9.............. Date OT Hearing .JF.4?t?eb!f.*i.Ij" : 4. Ptitionof and Edeood GsIaa Premises affected street............................... . Referring to the above petition for a BpniO4ormit from the requirements of the .....vortb..lgaanes.>QU04 aWaac PA%%h P fD.;i..4Pf{PZl3.>;'lP4 tii d!4't4l°l x,0.31 Condittous for Spprowd of specials Beatles 11.31PDD?rDe d< J sad30aut. so se to Tarmit 1ha'ooniE"s$cEidd*df il'tlod' Dont care E. -0enter 5� ...»..... ........................................ P. .... a After a public tearkq given ion the above date,the planning Board voted 000ditionaur r to frpsoee.........the .special?.:sits..................»Ρ................ ...... " • Pc ua ar, IV f r y rcg�ltuaii, SI Ply based upon the following conditions ' ccs Director of Public Marks Signed o Board Of Public Bbrks Ban" ror ea a R Board Of B1tII sn8laoosl. .. ...... Coerwation COsaission •••«••• ••• sssasaoss Erich atitssahe Palace Chief .................. ............. Fire.Chief Paal Eedstran applicant ............................... angiaear ` rile. Interested Parties Planning'War g h ,z;ry i r { I 8K 4323 PO 1'�, ,t' I[) ,fi 1o0"=soR: "' Town Of 12oMWnsuw ( 7 o snrioN dbm, NORTH ANDOVER '] HFALTH DMSMOF (208)882$46( PLAMM PLANNING k.COMMUNITY DEVELOPMENT a I KAREN KF'.NELSON.DIRECTOR , SI October 5, 1989 y , i'. Hr. Daniel Long, Town Clerk , �r Oil 1,f l � Town Hall 120 Hain Street .North Andover, HA 01845 Ret Edgewood Late, Special Permits u Section 8;3 'Vitt @, Review; 6-iction 1 Continuing Care Resirenent -Center Development, Distr a { y Dear Hr. Long, The North Andover Planning-Pnard held a public -ng an . t (I 27, 1989 in she sown Hall, Library/Umtereace Room, ort,the applica' z , f of Samuel 6. 'Rogers end Edgewopd life Care, 1 Johnsen Greet, 'lord Andover, H.A. The hearing was duly advertised in the North Andover Citizen nn July A and July 13, 1989 and all partite of Snterest we notified. .The fallowing members were present and voting; Gaorge P, <,� 1 Charman; John Simons, Clerk; Erich Nitzsche, Jack Graham and Paul Hedstrom. I ii �I The petitioner is re4westing Special -Permits unde_ Sect--on Section 10.32; Sertinn 11.E and Section 13 of the North Andover Zor' Bylaw as they relate to a Continuing Care Retirement Center and Sec 8.3, bite Plans Review. The purpose al th3e the.Six-e -Plan is to llconstruct a building 125,812 sq.ft., three (3) story, 250 duelling IIIi;, yl( i. units, AS bed loam term nutsing facility of a Continuing Care II ISI r,,� Retirement Center on 6.2.29 acres mart of less on the aast -aide of Osgood Street in it Residential-1 (R-1) and Residential-2 (R-2) Zonil District and Watershed Overlay District. John Simons read the legal notices to open the public heark on the apmcial permits. John Simons stated that thexe -were several letters and other./correepondenc-e in the file for public inspection. r �I F!;�; ?' George Perna asked Chris Huntress to comment on the - application. Chris stated that the applicant had been before the li'ry ` Technical Review Committee and that a number of issues�vere resolve, jj VI Clifford Elias, representing Samuel s. Rogers and -E yewood Care, presented the Board with two separate packagesa 2) large loo7' r}}r I: , I i ; leaf book, called the Znformat4on Book; 2) a memorandum package -for s 111' ^IfIa official recor-ds of this application. The Board accepted the paeka< I �7 It — Ail II ) 1 I� 5 3 k � I i �I IP J'� 1hi �K� 4323 PG 337 ' Page Zi_. Nr. Elias asked that the Board visit the site and 1060 Osgood„ Street where a model of the proposed is being displayed. u� The major difference in this application from the preliminary /plans is the location of the access road. There will be town water and uta.- sem.. town sewer by the developer. Sixteen acres of the proposed project will be disturbed. Anew traffic study has been done with minimal impact. The proposed will be dune in two phases, h: 1. health center and dwelling units �X 2. last two building nearest the lake, the pool and the auditorium. re r x` The cost -per unit will be around 5190,000 with monthly an maintenance fees from 6900 to 51400. 7 Some of the parking will be underground, 132 spaces and 236 spaces above ground for a total of 068 pArking spaces. One hundred seventy five (175) people have signed up already with sixty percent fifes - (602) North -Andover residents. Kr Elias presented the Board with samples of agreements: . Chris Huntress spoke on the circulation of the traffic`f low. Erich Nitzsche stated that a workshop would,ba appropriate on the ;a proposed project. Erich suggested a site walk to -view the access road. - The Board will meat on Saturday, July 29, 19_89 at 8:$0 a.m. at 1060 Osgood Street. k-e� - John Simons commented on looking at the scale model in � � con junctinii-Vith-the massing. Paul Hedstrom asked it a form A Plan v � 'U, eiTisted, was it a legal lot of record. Hr. -Elias said, 'no, not yet.' 9; $ George Peraa asked for public -input. Erich Nodlinger, attorney representing the Rockwell's, gave the Board a letter on issues his client wanted addressed, 1. access issues to be addressed as a subdivision ' 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained S. landscaping and screening to b.e.done carefully. wm T,y Kr Wodlinger asked that the concerns be made part'af the conditions. $ George Perna questioned why the access toad was moved. Clifford Elias stated that there ware two reasons for the access road being moved, 1. conservation 2. safety es Estate. Attorney Arthur Hughes, representing the Mary Chart expressed concerns similar to those expressed by Eric Nodlinger, • attorney for the Rockwell's. A motion was made by Paul Hedstrom to.continue the public hearing unt_'_ Aucust 10, 1989 and set up a workshop:- The mot-,on was 1-_..G._ aa. vcc-. _nar.inuusly .27 those a="-.. " A r:- I I I `` ' e , i BK 4323 P� j.4illil�'�I ff(+ Pa ! Page 3 r i � The Planning Board held a regular Meeting on August I' the Town Hall, Library/Conference Room. The following members wet! present, George Perna, Chairman;Erich Nitzsche, Jack Graham and F } II, Hedstrom 2 � t� x'i + fls Erich Nitzsche read a letter from Chris Huntress to Cliffe. !;ij Elias. Clifford Elias stated that the Planning Board visited the e + �' on July 29, 1989 as well as the Iffice to see a scale model of the: proposed Protect. a+ Hr. Elias stated that the Special Permit for a common driv has been filed and the Form A Plan -will be filed on August 11, 1.98. Members of the Planning Board expressed concerns on the following: Screening of parking t 1_ora 2. safety of intersection traffic E�t.�d as�IbEl i li. �I ; k A discussion took.place between members of the Planning Bo; > �-' setting up workshops. Some members expressed the need for them, o- did not see the need. 3 I uta George Perna went Over a letter from Choate, Hall & Stewar * � I`. I { attorneys for abutters, on issues and whether they were relative tc planning or not, that letter is available in the file for inspectic �ni,yi 41 °f A motion was made by Paul Hedstrom to continue the public r6,+ }rl! hearing until August 24, 1989 and direct the planner to draft a decision. The motion was seconded by Jack Graham and voted unanimc by those present. On August 24, 1989 the Planning Board held a regular meeting i the T04m Hall, Library/Conference Room. The following members were; present: George Perna, Chairman; John Simons, Clerk; Erich Nitzsche!. Jack Graham. rIIAbutters expressed concerns with crossing the access road. A discussion took place on drainage. Mitigation of run-off incorporate all off site flow to the 100 year storm event. Other i �I;FI discussed vete, the Common driveway access to the farm being used; �! security issues; agreements with trustees. T II �p;i, A motion was made by John Simons to close the public hearins �Itl+y take the matter under advisement. The motion was seconded by Ericl Nitzsche and voted unanimously by those present. wXI iJ X'itt On September 7, 1989 the Planning Board'held a regular.meetJ, in the Town Hall Selectmen's Meeting Room. The following members we yi present: George Perna, Chair-man; John Simons, Clerk and Erich Nitzsc y�li;'IIAr 93r Jack Graham and Paul Hedstrom were absent. 1 Vt _ I 1R e ilitiy f I 1RR 1 v+ y r =I i W; f 'f` 0 - p 8K 4313 PG 339 Page 4: 9' 4 K A Copy of a draft decision was distributed to the Board ul members. The Board is to review the draft decision and vote on at the x September 21, 1989 meeting. d r On September 21, 1989 the Planning Board held a regular meeting !te in the Town Hall, Selectmen's Heeting Room. The following members were present: George Perna. Chairman; John Simons, Clerk; Erich Nitzsche and Paul Hedstrom. Jack Graham was absent. ray s The Board members added to the draft that all relevant approvals �yg Y must be obtained prior to issuance of a building permits. Incorporated �m into the decision will be concerns of D.P.W. which are addressed in a letter from Hill Hmurciak, D.P.M. Covenants will be attached. Easements granted to the Trustees of the Reservation. h Housekeeping, in the language, was done on Conditions t5, Condition 117, and Condition t 20. {x'", Motion was made by Paul Hedstrom to approve the Special Permit d on drafts for Site Plan Review under Section 8.3; Section 13, Continuing ers Care Retirement Center; and 21.3, Planned Development Districts per discussion and drafts as 'marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by Y Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. = Sincerely, ly A' PLANNING BOARD in , Georg Perna, } �`z Chairman :.. cc: Director of Public Works Board of Public Works 4` Highway Surveyor Conservation Commission es � ^' Building Inspector N r' � Board of Health e ' Assessors _ r Police "Chief nd fire Chief ps ^;k Applicant Engineer Tx rile aw s I� II r 1 : BK 4323 RI f IJ �I�I' FflAE'1,,.wn LiFECARE I`tirl SPECIAL PERMIT FOR A CONTINUING CARE RETIREMENT CENTER �`Eil� it AND PLANNED DEVELOPMENT DISTRICT (PDD) — GRANTED UNDER S ;JI# 10.3, 10,31, 11.3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW; k;�� I The Planning Board makes the following findings regards M # j IIS Special Permit as required by sections 10.3, 10.31, 11.31 of the Zoning Bylaws I. The proposed use and site design for this lot are V' appropriate, due to it's location in Town. ' IJ,' 1it' 2. Adequate vehicular and pedestrian access Into the surr z n 1i€Ipil i jI site has been provided. 3. The landscaping plan as shown and revised, meets the requirements of section B.t of the Zoning Bylaws. Ilea{i { 4. .The site drainage system is designed in accordance wi: Town Bylaw requirements. 999,111 3. The applicant has met the requirements of the Town fa ' � I� plan Review as stated in Section 8.3 of the Zoning Byl 6. Adequate and appropriate facilities will be provided proper operation of the proposed use. II1S�f� I The Planning Board -finds under Sections 8.33, 10.3, 10.3 1 l and 13 (CCRC and PDD) of�the Zoning Bylaw that the propoe a plan generally complies with the Town Bylaw rsquireme I s�, II�1 requires minor conditionsin order to be completely in coat with Town Bylaws. s h'lil � ° Finally, the Planning Board finds that this proposal cs 411'�4;j� with the Town of North Andover Bylaw requirements so long following conditions are compiled with. Therefore, !n o fully comply with .the approval Mae Issary to constru I�I11tt� j; " facility as specified in the Special Permit before 3 h { Planning Board hereby Drente a Special Permit to the aF provided the following conditions are met, jII;1 A (1) The project may contain 198 congregate housing units the use of the open space bonus or the affordable ha y, I ill1° bonus. AlOil, (2) if the project takes advantage of the open Was bona �l Il+llf asal;i it may contain 221 congregate housing units. (3) If, in addition to the open space bonus, the applican to construct more than 221 units, then the project R: contain up to 230 units upon the payment to the Town. '7 I, I �111 zi E t�1.1,E f I sem- f � � i •i: - �v IG 340 = G 423 PG 341 — referenced in section 13.6 a) of the Andover the funds exeesr of A » North its i SRC), Zoning BYliw. In no event shall there be un TIQNB 'Mm'- 250. (4) coThe lonlalhdssipn,ainswood fraaea and eorplap}sidinpGRconstrucP shall tionf trhis consistent with the style and design of the nearby Edp ewood nd 13 Farm buildings. t31 All concerns raised by the DPW in the July 27, 1989 letter from Mr. Wililaa Haurciak, as listed below, must be properly addressed and all relevant material must be submitted to, sf— and approved by DPW prior tro the Planning Board an nding the record plans. Show entire water main and crossing utilities on the off site plan. b. The method of crossing the ceptable. mill pond is not ac The existing culverts at the pond. crossings arr not shown tha > correctly on the plan. The water main as designed will ,- block the Culverts. site at pleasant • reet c. P e existing•lthereforremnondre%Bartrcoupling is needed. a " thed. Change Harkawathe method ad d to Mil pandunito 47to sand g53.tma Adda12" 11.3 pats valve on the north side of Mar kaway Road. site but e. The existing i" water main on Stevens Street should be lance eliminated. The services to house • lea and 135 should be Y connected to the new !2" main and the proposed Cross x � connection at the B" dead and may be eliminated. plies an the plan. i the Show 100 foot stationing ptto he p. The !2" — !/i bends at station 18 90 are not necessary. the �1 cant h. The connection to the existing 8' water main " Osgood Street at the pro�eet entrance chalk be an 8" x 8" c tapping a1Nve and wlw, A 12" stub and Babe valve hout itr should be provided for future extension in a northerly ng direction. .. I. Maximum distance between sewer manholes is 300 feet. then Y j. provide profiles of on site roadway and utilities. wish k. Show all utilities on ons site plan. 1. locp�dmi2"iwateremalnrwherevervices opossibleonnected to the l E�. a it 8K 4323 R. m. Show details of utility crossings under buildings. is illiQ n. The number of bends used in the !2" water main shouli kept to a minimum. - c 'ia' o. Show rims and inverts on drainage plan. p. Provide detail *hosts of roadway and drainage faciliti 11 q. The design of drainage from areas B-1-A and B-1-B do@ not consider the potential for reduction of offectiva flow area of catch basins during adverse conditions. f III 6 r. Provide data showing the projected water consumption s 1111 projected average daily sewage flow for the community. z I, A D-E.P- D.W.P.C. sewersY stem extension permit must I{ : obtained prior to sewer construction. "-T�4i t. Provide a plan for phased construction and erosion G=' a control. x xwIi1 � (6) All existing mei of greater thin 12" Diameter with 23' li ]� tho existing tree line shall be shown and labelled on th- ��Ic t,f I 13fi. site plan. giEF� ° 1 (7) The following material has been reviewed by the Planning €il �lf Board and staff in this Publichearing process and *hall considered as part of th$s decisions M1 x, 111 it t, (1) Packet intitledi EDDEWOOD LIFE CARE, A CONTINU'. CARE RETIREMENT CENTER FpR THlI r(�43 I i s�:: TOWN OF NORTH ANDOVER. h) II!111.I (2) Packet entitled1 MEMCRANDUM OF LAW AND FACTS, presented by Samuel B. Rogers 4 s Edgewood Life Cars, Inc. r� � `l ttl (B) The Special Permit granted under ■action 8.3 (Site Plan Review) of the Zoning Bylaw for this site, shall also be y ja`. doemed as part of this decision. IT- 11t,� The following pians shall be deemed as .part of the decisions �1I •' 1 Plans [ntitlodt Town of North Andover Massachusetts. Stevens Iq yjN 1 Street Proposed Water and Sewer*Facilities. Dated t lune 3, 1989 Drawn Bym DCO Associates Inc. i Plans Entitieds Topographic Pian, Dated 12/29/88 Plan of'Land, North Andover MA, Dated 4/11/89 -- IJ I f 3 I t I SII -- I .IIdp I �41 t � I Irv;. --- .---- -- - -- 4U3 PG -343 81ta Plan fproject),Dated 6/3/89 - n Datrd 6/2✓89 htin .Pla „ , project Planting and Lip D Site Plan tErltryJ,"'Dated 4/27./,89 Site Plan (Project),"=Dat Fd?F(E7/89 .� Brading and Drainipe Plan"(Fritry), '04ted 4/27/89 Grading and Drainape6 Rlar� AP"J601 Dated s - Plans Drawn By, Earl R.. Flansburgh t ssaciatas Inc 7 pian prepared fora Edgewood Lite Care"ine .�� { ccs Director of Public Works M . Hoard of Public Works Highway Surveyor Building Inspector .. Board of Health 1 Assessors Conservation Commission., Police Chief .' " . Firs Chief t� Applicant engineer Pile +f y yCh :fpr T"�ia Ll+• (_:,�""` L 3 A -r d� j 11 4323 8 TOH'1Y OF NORTH A3YDt?vEH DANIEL �( 1fAR8ACHU8ETT8 NdRTWHNMiOICT AAW DVER` e 1 i101 s �,' t "I I Any appeal shall be filedATMCOW �' -within(20),daya43terthe A.4# NOTICE FdateoffllTnp of Shia Notice »FcisIoH In-the 01fice:of the Town '1 � deter r I i II � Date.RRtPIPw"P,.}4? .... IFii n ,kf. c we'ia Date of aePtesb&rJ;,u:198 t f Petition of ..q-pge�;:.?°g?r!.!"a e.uoa E1Ee yours Iac: . Premises affectedsant midst osgpp str.ec .�. .. ... .y . r �if; ..» Referring to the above petition for a special permit from the re qutrementtl of the ..north.Aaauarc Ann ia s-XIC au..8ecti94.Y.3..elite JUAA Amo^ ...».. .11 Ii, so se to permit.t6e.maat�uetUAAf. b011AZse.715.813 e4.tt... tlKft ntr�:.W. i . matir man centerta..45 4M.1Ro8 tN7a.nnc�i�.tV�cS3itx.Ot.+{ f.1Ag1�{q ASF-P...... After a public hearing-given' on,the above date, the Planning Board voted! Conditional ly III atl j' 4 to AP7d:ooP.—......the ...sib?las itevier .... ......�............ ........ based upon the following conditions: ccs Director of Public Works Hoard of Public Works sBuildift optor signed ard Of Realth txnaar &tion commission f1�; {Ili Assessors i'PM".fix"- J=:t. ..... __ef Fire miefJPhn.f!"IM ATA.............. - ��li� � fl � I Ili Applicant .Ecich Ititsachn t J iog t fl i� , II 1.' File, Interested Parties PanL We"trom .................. .Planaing'Board.......� 'moi j1 tt I I � � pll I II.n4 II ISI 11f II��1 �I�L j I I✓ � I I A =rT51 c `F ti E '44 ' Town of BftNL345 NOM oM OFFICES OF: NORTH ANDOVER a Mf1sM 0;"5 D0NOVATIONopa'qm.op L'SOB)6828483 P1,1 NG PLANNING&COMMUNITY DEVELOPMENT KAREN H.P.NELSON,DfRECfOR October 5, 1989 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, HA 01845 Re: Edgexood L.fe Care Special Permits under Section 8.3, Site Plan Review; Section 13, Continuing Care ((�l Retirement Center; Section 11.3, Planned Development District Dear Mr. Longi The North Andover Planning Beard held a public hearing on July 21, 1989 in the Town Hall, Library/CoAterence Room, on the applications of Samuel S. Rogers and Edgewood Life Care, 1 Johnson Street, North +2 Td Andover, MA. The hearing was duly advertised in the North Andover Citizen an Ju Ly 6 and July 13, 1989 and all parties of interest were and ge r '< Cnotified. T hairman; Jahn 5lmonahe inClerk; ErichrNitzschet JackvGraham and Paul 'r` Hedssrom. QThe petitioner is requesting Special Permits under Sect.on 1.0.3;gx Section 10.31; Section 11.3 and Section 13 of the North Andover Zoning "n Bylaw as they relate to a Continuing Care Retirement Center and Section „: 8.3, Site Plans Review. The purpose of the the Site Plan 1s to g construct a building 125,812 sq.ft., three (3) story, 250 dxelling units, 45 bed long term nursing facility of a Continuing Care ry Retirement Center on 62.29 acres, more of less on the east side of w ., Osgood Street in a Residential (R-11 and Residential-2 (R-21 Zoning w 5 District and Watershed overlay District. John Simons lead the legal notices to open the public hearings S 'M on the special permits. John Simons stated that there were several in the file for public inspection letters and other correspondence . George Perna asked Chris Huntress to comment on the NMa application. Chris stated that the applicant had been before the Technical Review Committee and that a number of issues were resolved. Clifford Elias, representing Samuel S. Rogers and Edgexood Life " t .. Care, presented the Board with two separate packages- 1) Large loose leaf book, called the Information Book; 2) a memorandum package for official records of this application. The Hoard accepted the packages. j �" I � alPtiAl tP I, S Bks 4323 •Page•2 r - ' - � 1,t1 �.5 Mr. Elias asked that the Board visit the site and 1060 ' Street where a model of the proposed is being displayed, dis la ed. i�Iti t I� The major difference in this application from the preli fill' � plans is the location of the access road. There will be town W town sewer by the developer. Sixteen acres of the proposed pro' be disturbed, A new traffic study has been done -with minimal i I , The proposed will be done in two phasesr 411 i health center and dwelling units 2. last two building nearest the lake, the pool t ]]I auditorium. jtaj cost TAe s per unit will be around 5190,000 maintenance fees from $900 to $1400, with monthly i 'FII I Some of the parking will be underground 132 r Ef ,I spaces and % h �i spaces above ground for total of 368 parking spaces. . One hand:� I I seventy five (175) people have signed up already with sixty pert; � ,9t1 �I9j (604) Horth Andover residents. Hr Elias samples of agreements. Present<d the Board wit Chris Huntress spoke on the circulation of the traffic f' Erich Nitzsche stated that a workshop would be appropriate on th' e, II proposed project, Erich suggested a site walk to view the access ` ) The Board will meet on Saturday, July 29, 1989 at 8:00 a.m. at 1 E I � � Osgood Street. John Simons commented on looking at the scale model in Irl, l + ; conjunction with the massing. Paul Hedstrom asked if a Form A P X541 ,ti �I1 { existed, was it a legal lotof record.o ,, II � + ,i ec rd. Mr. Elias said, "no, not 3 � q 1 �It� George Perna asked for public input. Erich Wodlinger, at I3'r: l representing the Rockwell's, gave the Board a letter on issues hil ,) I client wanted addressed: rw � t i 1. access issues to be addressed as a subdivision Y!III „ j rt � a++I { t 2• drainage N l SII � �!' I ,i 3• public utilities for abutting owners 1 � 2 �) 4. emergency access to he maintained �, I r ` ' S• landscaping and screening to be done carefully, P Mr Wodlinger asked that the concerns be made part of the conditions. P R George Perna questioned why the access road was moved. C: r �111fifi X31, Elias stated that there were two reasons for the access road beim R. b{ q 'I l� Vit, ati 1• conservation Ils.' IE {93 2. safety . Ir�s Attorney Arthur Hughes, representing the Mary Charles Est<+ expressed concerns similar to those expressed by Eric Wodlinger, attorney for the Rockwell's. d mot'-on was made by Paul Hedst-rom to continue the public A' ;IIr , 4E hearina Lati_ August :0, 1989 0_ y and set up a workshop, The (�I�3� as as_ fit � Ili E 0 346 ,( ry iii good.. � F Page 3, SK 4323 PG 347 The Planning Board held a regular meeting on August 10, 1989 la iary the Town Hall, Library/Conference Boom. The following members were =r and present, George Perna, Chairman;Erich Nitzsche, Jack Graham and Paul It will Hedstrom kct. y Erich Nitzsche read a letter from Chris Huntress to Clifford Elias. Clifford Elias stated that the Planning Board visited the site on July 29, 1989 as well as the office to see a scale model of the the proposed projec . z Hr. Elias stated that the Special Permit for a common driveway has been filed and the Form A Plan will be filed on August 11, 1989. S `max. Members of the Planning Board expressed concerns on the 6 s following, C �=• 1. Screening of parking 2. safety of intersection 3. traffic A discussion took place between members of the Planning Board on ' setting up workshops. Some members expressed the need for them, others ,ad. did not see the need. 1 - �K George Perna went over a letter from Choate, Hall & Stewart, attorneys for abutters, on issues and whether they were relative to planning or not, that letter is available in the file for inspection. t.. A motion was made by Paul Hedstrom to continue the public hearing until August 24, 1989 and direct the planner to draft a rney " ' ` decision. The motion waa seconded by Jack Graham and voted unanimously by those present. On August 24, 1989 the Planning Board held a regular meeting in r _ W the Town Hall, Library/Conference Room. The following members were presentk George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and ,z Jack Graham. Abutters expressed concerns with crossing the access road. 43 A discussion took place on drainage. Mitigation of run-off will •:- incorporate all off site flow to the lee year storm event. Other issues ` discussed we're: the common driveway access to the farm being used; ford 4 security issues; agreements with trustees. vW oved, U. s ` " A motion was made by John Simons to close the public hearing and tike the matter under advisement. The motion was seconded by Erich Ntzsche and voted unanimously by those present. On September 7, 1989 the Planning Board held a regular meeting crl :v in the Town Hall Selectmen's Meeting Room. The following members were J.t"¢ 1 1 r• ,present, George Perna, Chairman; John Simons, .Clerk and Erich Nitzsche. Jack Graham and Paul Hedstrom were absent.. * ,k.'� '4 v� q t = ef, i BK 4323 PG`- Page 4- A copy of a draft decision was distributed to the Board �. members. The Board is to review the draft decision and vote on at the _ September 21, 1989 meeting. ' On September 21, 1989 the Planning Board held a regular meeting _ in the Town Hall, Selectmen's Heeting Room. The following members wets present, George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and' Paul Hedstrom. Jack Graham was absent. The Board members added to the draft that all relevant approvals must be obtained prior to issuance of a building permits. Incorporated into the decision will be concerns of D.P.W. which are addressed In a letter from Bill Hmurciak, D.P.W. Covenants will be attached. Easements granted to the Trustees of the Reservation. Housekeeping, in the language, was done on Conditions t5, Condition t17, and Condition t 20. Hotion was made by Paul Hedstrom to approve the Special Permit drafts for Site Plan Review under Section 8.3; Section 13, Continuing _'. . Care Retirement Center; and 11.3, Planned Development Districts per discussion and drafts as marked up and directing the Planner, Chris 5s; Huntress to put in final form as discussed, The notion was seconded by Erich Nitzsche and voted unanimously by those present. f A list of those conditions are attached, Sincerely, PLANNING BOARD 4 Ueorge Perna, Q;.., Chairman ccl Director of Public Works zM Board of Public Works Highway Surveyor -31 to Conservation Commission Building Inspector Board of Health Assessors Police Chief : Fire Chiefj Applicant ' Engineer File i b A S � y j zi ° 21fi 4 nY 6K 4323 PG 349 { s BITE PIAN REVIEW - GRANTED UNDER SECTION 8.3 OF CI Ai. PERMIT, i BPE TH8 NORTH ANDOVER ZONING BYLAW The Planning Board makes the following findings regarding this -}r Special Permit as required by section 8.3 of the Zoning Bylaws' ' 1. The proposed use and site design for this lot ore `- Fappropriate, due to it's location in Town. 5 a p, Adequate vehicular and pedestrian access into the our e, site has been Prayided. 3, The landscaping Plan as shown and revised, Meethe requirement of saction 8.4 of the Zoning Bylaw*' W q, The site drainuigssystem is designed in accordance with the t. Town Bylaw req S, The applicant has net the requirements of the Town for Site �� 4 Plan Review a+ stated in gection 8.3 of the Zoning Bylaw. g, Adequate and appropriate facilities will be provided for the proper operation of the proposed use- 1.35 of The Planning Board finds under Section eomplisathwithnithe Townlaws that the proposed site plan generally Bylaw requirements but requires minor conditions !n order to be F � completely In campliance,with Town Bylaws. Board finds that this proposal complies t, Finally, the Planning law requirements eo long as the with the Town of North Andover 8Y r following conditions are compiled With- very construct fully comply with the ePProvwl necessary Applicant c :r facility as specified in the 'Special Per b+leve us, the planning Hoard hereby grants A Special Permit to the aPP provided the following conditions are met' detention bovine, shall be facilities including building (l) All drainage controlled prior �= constructed and erosion to any �:- issued on the site. permit being "� rg) An as-built plan and. profiubmitted le shall be s for review t and approval prior to the final release of DPW bond roomy. A certified interim 49-built verifying that all utilities have ofilt bean installed in accordance with iiCot3onsofn�hirbinder shall be rubroitrted prior to the wPP coat of pavement. In addition, all required insPOcti and testing of water, sewer, and drainage facilities shall be completed prior to binder course Paving' required by the North Andover ' (3) Any changes on the plans req i .. -- ... ... - BK ' 4323 PG 35 .� . .. Conservation Commission may be subject to Modification under - Chapter ti by the Planning Board. ' h, t#) All Planning Board Order of Conditions are to be placed upon the recorded plans, t Cover Sheet ) prior to endorsement and filing with the.Registry of Deeds. (3) Throughout all lands, tree cutting shall be kept to a minimum in order to minimize erosion and preserve the natural features of the sits. Accordingly, the developer in conjunction with a registered arborist, shall submit a tree cutting and reforestation plan aonsisti;t with the y provisions of Section 0.8 of the North Andover Zoning Bylaws, to be ipproved by the Planning Staff prior to the applicant receiving a Building Permit. This Plan shall explicitly include specific trees to be retained, F. (6) The contractor shall contact Dig safe at least 72 hours �x a prior to commencing any excavation. (7) Gas, Telephone, Cable and Electric utilities shall be Installed as specified by the respective utility companies. (8) All catch basins *Full be prot*LVwd and maintained with hay bales to prevent siltation into the drain lines during road construction.' <9) No open burning shall be dons except as is permitted during burning season under the Fire Department regulations. 68) No underground fuel storage shall be installed except as may be allowed by Town Regulations. (11) A11 buildings shall have residential fire sprinklers installed prior tothe Issuance of the Certificate of Occupancy, per order NAFD, t; (12) Prior to a Certificate of Occupancy being issued for any structures, this site shall have.recelved all nscessary permit* and approvals from the North Andover Board of Health. (U) Bonds, in an amount to be determined by the Planning Board, shall be posted to ensure construction and/or completion of sewers, roadways, site screening and .other pertinent public amenities. These bonds shall be in the form of a Tri-Party Agreement. t 'y (14) Prior to a Certificate of Occupancy be issued for any ,y :.°?s, q structures, the alta shall be reviewed by the Planning .board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. UW Crossing of the twisting Right of Way shall not interfere ,.3 . 3 J 4 \F5 Bid 4323 RG ?51 with that R.O.W.. Stop signs shall be placed in both directions along the existing Right of Way. (16) There shall be no construction, tree cutting or sits related drainage in the area of the parcel currently zoned R-1 Residence District (Watershed) without prior approval from the Planning Board. Details of the walkway, gazebo and as submitted andardening &"aapprovedwby thehPlarminge oardnpriorlto e commencement of construction of said portions of the project. (171 Edgewood Lifecare, or any subsequent owner !n He of lot 8, shall not subdivide the parcel. Prior to endorsement of the plans which are herein referenced, an open—space conservation easement shall be granted to the Trustees of r Reservations. That easement shall include all lands in this 1) parcel which are located within the Watershed. The extent of c the easement and the accompanying documentation shall be subset to Planning Board approval. The open—space z' conservation easement shall allow-walking activities by rssldsnts of the CCRC and their guests. (18) prior to endorsement of the plonlr, all off site utilities shah be submitted to, and approved by the North Andover M. DPW. y� .. (19) Prior to the Building Permit being issued for the first , structure and again prior to occupancy of the first ?. structure, the applicant shall receive a written determination from the Conservation commission that all work ` under their jurisdiction is being satisfactorily preformed and maintained. r ` (20) The special permit granted under sections 10.3, 10.31, 11.31 and 13 ( Special Permit, PDD, CCRC ) for this site shall also be considered as part of this decision. " (21) All construction on the parcel must conform to plans and specifications herein referenced as part of this _. . application. Any changes to the plans Or specifications must -_-- receive prior written approval from the Planning Board. .z - RY� The following plans shall be deemed as part of the dectsic"I Plane 6ntitledi Town of North Andover Massachusetts. Stevens �. Street Proposed Water and Sewer Facilities. Datedi June 6, 1989 Drawn Byt SCS Associates Inc. Plans Entitledt Topographic Plan, Dated 12/29/88 n Pian of'Land, North Andover MA, Dated 4/1!/S9 - I BK 4323 P635 ' 4 , Bits Plan (Project), Dated 6/3/89 Project Planting and Lighting Plan, Dated 6/2/89' Site Plan (Entry), Dated 4/27/89 Bite Plan (Project), Dated.4/27/89 Grading and Drainage Plan (F_ntry�, .Dated 4/27/89 Brading and Drainage Pian (Project), Dated 4/27./89 Drawn By% Earl R. Flansburgh t Associates Inc. Plan prepared fore Edgewood Life Care Inc. `~ ce$ Director of Public Works Board of Public Works _ Highway Surveyor Building Inspector Board of Health =4 Assessors Conservation Commission Police Chief Fire Chief Applicant ` Engineer File n : - w i r s r d as c $i I - T t£ NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center * , 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center -Recorded at Book 3983, Page 268 2/15/94 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/1$/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D Access Strip to Mary Charles Property • Frontage Special Permit • 10/24/95 -Recorded at Book 4384, Page 99 10/24/95 (14327\64824\A0131463.1) Conservation Commission Dated • Conservation Restriction 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 • Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 {14327\64824\A0131463.1} BK 9223 PSG 177 QUITCLAIM DEED 1 , SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301, North Andover,Massachusetts(the"Grantor'),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 001100($950,000.00), grant to EDGEWOOD RETIREMENT PROPERTIES, LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS,the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover, Essex County,Massachusetts: Lot 7 on a plan by Harry R.Feldman, Inc. entitled"Plan of Land No. Andover,Mass." dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. Parcel A on a plan by Robert M.Gill&Associates, Inc. entitled"Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 rn ,d with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. cil C r'' C= Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc.entitled"Compiled Plan of La ? zin North Andover,Massachusetts"dated July 5, 1,995 and recorded as Plan No. 12724 z*? c' -, with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area ot q N 93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A4 .� containing 128 square feet). —+rn to The parcels are conveyed subject to and with the benefit of all rights,easements,covenants, r.; s O restrictions, agreements and other matters of record,to the extent the same are in force and applicable,including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. For Grantor's title to the above,see the following: CA CA Deed dated June 14, 1984 from The First National Bank of Boston,as trustee,recorded at Book 4W 1826,Page 134 [as to portions of Lots 2A-1,2A-2,2A-3 and 7]. f%d Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948,Page 170 [as to a portion of Parcel A]. Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363,Page 306 [as to portions of Parcel A and Lot 7]. Deed dated April 24,2000 from Michael L.Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-2]. cj� DE,VINE,IVIIL�,IME T &BRANCH PROFESSIONAL ASSOCIATION 8OO BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 BK 9223 PG 178 Cot- Executed under seal this day of IOIP ,r�►-,�►1se.✓",2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: P-6se"�4 On this 4d- day of M ,2404,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: identification based on my personal knowledge of his identity, or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is.unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Pub ' W-L.,*V-4 My commission expires: 7 (SEAL) Ill iI f z.i BK 4378 PG 115 DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws, Chapter 180,with a usual place of business in North Andover,Essex County,Massachusetts(the "Grantee")with Quitclaim Covenants, a certain parcel-of land situated on the Easterly side of Osgood Street in co North Andover,Essex Comity,Massachusetts,shown as Lot 6 on a plan entitled: "Plan of Land d No.Andover,Mass."by Harry R.Feldman,Inc.,Land Surveyor,dated April 11, 1989,consisting +' of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as tV effected by an Affidavit dated November 9,.1989,secorded with said Deeds in Book 3029,Page - 90, (the "Plan"),said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and described as set forth in Exhibit A attached hereto and made a part hereof,containing,according �p 0 o to said Pian as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the t "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: 0 � u( 1) All rights, title, and interests, if any, of Grantor in, to and with respect to any land CD z° lying in the bed of Osgood Street directly abutting the Premises; ui (2) the non-exclusive right, in common with Grantor and all others legally entitled thereto, to pass and repass over the"Lane To Pond Pasture(Private Way)" shown on the Plan; a b (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and w exclusive right and easement for signage, drainage, grading.and slope rights in that certain o triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 of 4) as "Drainage, Grading& Signage Easement",-said parcel of land being more particularly C ►4 bounded and described as follows: "' b WESTERLY by Osgood Street,as shown on said Plan, 38.06 feet; NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 rM feet; SOUTHEASTERLY by Lot 6,as shown on said Plan, 79.68 feet. together Arith-the perpetual and exclusive rights and easements in those portions of Lots 5A and 7 shown on the Plan designated as"Construction Easement W',"Construction Easement'B'-and "Construction Easement'C"on the plan entitled:"Plan Showing Easements for Edgewood Life Care, Inc No. AndoNV,Mass." dated August 20, 1991,prepared by Harry R. Feldman, Inc.to be recorded_herewith for drainage, grading and slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding the provisions set forth in this paragraph(3), Grantor reserves to himself and-to his successors BIS 4378 PB 116 and assigns as the owners of Lots SA and 7 shown on the Plan the right to use those portions of Lots SA and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements herein granted by Grantor provided that Grantor,shall not erect or allow any other person or entity other than Grantee,its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein. This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall run with the land, be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (21)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992,or for fifty (Sb)years from March 31, 1992, unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage.trails. Said restrictions, covenants, licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities-developed by Life Care Services Corporation, a corporation organized under the laws of Iowa with a principal place of business in Des Moines, Iowa This restriction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making a loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis courts,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest bay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede Grantor's ability to mechanically cultivate and harvest hay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between BK 4378 1U 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutually agreed between Grantor and Grantee provided that the same do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. (g) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d),(e)and(f)shall be subject to the terms of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith, and Grantee shall take such steps as may be necessary to enable Grantor to exercise the rights set forth in subparagraphs(d),(e)and(f)hereof,subject to and in accordance with the terms and limitations set forth in such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative, permit Grantor, at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access road provided such utilities are only used to service existing (or relocated existing) residences, farm structures, and farm-related uses, and for no other purpose. It is understood between the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided, however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in place of an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions,covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1984 and October 22, 1986 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. BK 4378 PG 118 WITNESS my hand and seal this 21taay of Odb4er, 1995. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS s qkr olk, ss. ;L7, 1995 Then personally appeared the above named Samuel Stevens Rogers and acknowledged the foregoing instrument to be his free act and deed,before me 40;Public My Commission Expires:Set64--r zo, ,ey'o VV4-0.� `�� a v y0 ui YY MNi to W +��•. � wrV, t0 X � x X CG W J4 <t •i lx. 04 • r U Bid 4378 PG 119 The undersigned hereby accepts the restrictions,covenants, licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC. By: -� COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. o e b' , 1995 $ cn..rAar Then personally appeared the above named Elizabeth A.Beland,Treasureof Edgewood Retirement Community, Inc.,and acknowledged the foregoing instrument to be the free act and deed of said corporation,before me _ n R;-t4-A,z w. V4%Ag LIC J Notary Public My Commission Expires: Secs 1 ae%c� EXHIBIT A 0K 4378 PO 120 LOT 6 METES AND BOUNDS DESCRUIM Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W,along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W,a distance of 150.00 feet to a point; thence turning and running N 52' 45' 33" E, a distance of 79.68 feet to a point; thence turning and running N 66' 10' 59" E,a distance of 165.10 feet to a point of curvature; thence honing and running by a curved line to the right of radius 350.00 feet,a length of 199.23 feet to a point of tangency; thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature; thence ming and running by a curved line to the right of radius 125.00 feet, a length of 118.34 feet to a point of tangency; thence running S 26' 57' 27"E,:a distance of 45.37 feet to a point; thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E, a distance of 21.00 feet to a point; thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14" E, a distance of 120.68 feet to a point; thence turning and running N 78' 26' 40" E,a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37" E,a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a point; thence turning and running N 13' 22' 00"E,a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point; Bid 43718 PG 121 thence turning and running by the following five courses: S 76' 33' 49" E, a distance of 84.46 feet; S 82' 55' 37" E, a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.11 feet; i S 85' 03' 11" E, a distance of 99.77 feet; S 89' 03' 24" E, a distance of 51.10 feet to the end of a stone wall; thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a drill hole at the corner of the stone wall; thence turning and running S 19' 17' 59"E, along a stone wall,a distance of 181.49 feet to a point at the corner of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E, a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E, a distance of 363.94 feet; N 77' 34' 20" E, a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Coehichewiek as located on January 6, 1986, 1,485±feet to a point; thence turning and running S 79' 55' 35" W, a distance of 594±feet to an iron pipe; thence turning and running N 17' 50' IS- W, a distance of 239.03 feet to a drill hole at the corner of a stone wall; thence turning and running along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a drill hole; S 76' 29' 23" W, a distance of 311.43 feet to a drill hole; S 67' 43' 31" W, a distance of 120.13 feet; S 57' 36' 33" W,a distance of 89.12 feet to a drill hole at the comer of the wall; thence turning and running along a stone wall the following three courses: N 32' 14' 07" W, a distance of 102.94 feet to a drill hole; N 32' 25' 40" W, a distance of 223.93 feet to a drill hole; N 32' 12' 31" W, a distance of 128.31 feet to a drill hole at a bead in the tel; thence turning and running along a stone wall the following four courses: N 58' 43' 38" W, a distance of 64.03 feet to a drill hole; N 61' 12' 19" W, a distance of 198.17 feet to a drill hole; BK 4378 PG 122 N 59' 01' 34" W, a distance of 170.63 feet to a drill hole; N 55' 35' 13" W, a distance of 102.85 feet to a drill hole at the corner of the wall; thence turning and cunning N 36' 59' 44"E, a distance of 306.32 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W, a distance of 277.64 feet; N 31' 14' 46" W,a distance of 383.73 feet to a drill hole; thence turning and running N 15' 55' 41" E,a distance of 26.38 feet to a point; thence turning and running by the following five courses: N 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W, a distance of 39.59 feet; N 60' 05' 42" W, a distance of 58.96 feet; N 74' 43' 12" W, a distance of 49.85 feet; S 62' 59' 43" W, a distance of 21.32 feet-to a point; thence turning and running N 20' 00' 00" W, a distance of 24.00 feet to a point; thence turning and running N 81' 12' 09" W,a distance of 81.12 feet to a point of curvature; thence running by a curved line to the left of radius 300.00 feet,a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W, a distance of 178.61 feet to a point; thence turning and running S 18' 29' 06" W, a distance of 153.20 feet to the point of beginning. 5/3/2007 Exhibit A- Table of Compliance 575 Osgood Street, North Andover, Massachusetts JOB#6050 //OOV Nicsch Engineering ZONING DISTRICT R-2 Required Provided Lot Area (s.f.) 43,560 2,713,788 Street Frontage (feet) 100 100+ Front Setback (feet) 150 150 Floor Area Ratio N/A - Building Height (ft)/Stories 35/3 35/3 Side Setbacks (feet) 30 30+ Rear Setback (feet) 30 30+ Lot Coverage (%) N/A - PROPOSED COTTAGES: Largest Proposed Footprint Shown Ground Floor(s.f.) 1,849 Total Square Feet 2,292 Number of Floors 2 Height(feet) 35-2 Stories Type of Construction Wood Frame Use Residential Information for the lot requirements at Edgewood taken from an ALTA/ACSM LAND TITLE SURVEY titled 'Edgewood Retirement Community, Inc. Osgood Street Town of North Andover County of Essex Commonwealth of Massachusetts'dated May 22,2000 by Merrimack Engineering Services 66 Park Street Andover, MA 01810 and from the Town of North Andover Summary of Dimensional Requirements Table 2 I:\6050\Reports\6050-Exhibit A Table of Compliance-2007-05-04.xis Abutter to Abutter{ ) Building Dept. ( .) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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,' Subject Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Mal) Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Ass so ffice as of Certified by: Date Edgewood Retirement Community,Inc. �� ���� 575 Osgood St. North Andover,MA 01845 Check Date: 05/03/2007 TOWN OF NORTH ANDOVER Invoice Description Date Gross Amount Discount Net Amount Paid PRMT MODIF 05/03/2007 $100.00 $0.00 $100.00 Detach at Perforation Before Depositing Check Grand TotatS $100.00[ $5.0a ° $100.00 page € .2", i I ilii �VI� h' J11, IiRi�il9D�8i1NIC i" R� �!�II iii!SOW (gnbank'bbI 1. �heck IV!�©. �v�/ � f Ed CVV00(h Retirement C01t6n1 d! !1ii!!�! !'J iol �! ! g unity, �ii!s�Ts�s6o�io �I 05!03!2 575 Osgood St.' 007 North Andover,MA 01845 �' ii ! �. i�i!ii �M I PAY 0"-;;"ded DO '.dZ,4RS&00 e &7S TO THE Town Of North andovel" ORDER OF I i 8526 I� AUTH'ORIZED NftiTC1RE 11.003976«' 1:0 11075 i50II: 861.000 65 12 311' 06/26/2007 11:36 PAX 781 372 1199 LINEECK 10002 irECEIVED E I N $ E C t ri' kl�*1 1 ',� 01FFIC . 2007 JUN 26 PH 2: U T 0!W'14 0 NORTH kv)VE June 26, 2007 MASS A CliL)SE--� ;R Mr. Lincoin Galey North Andover Planning Department 1600 Osgood Street North Andover, MA 01845 Re: Edgewood Retirement Community, Inc. Property_ 575 and 549 Osgood Street, North Andover, MA Dear Mr. Daley, On behalf of the Applicant, Edgewood Retirement Community, Inc., we respectfully request that the North Andover Planning Board continue the Public Hearing on the above- referenced Notice of Intent from Tuesday June 26, 2007 to Tuesday July 17th, 2007. Should you have any questions or require additional information, please don't hesitate to contact me at 781-372-1157. ncerely, Lace r ong Team eager RECEIVED JUN 28 2007 NORTH ANDOVER �ANNINi;DEPARTMEN-r ih1r3 Maguire Road Le.s.in ton, Man"-ch-usetts X147.1 781.3-72-1-100 Fax: 781.372.1199 w,w. Jnbec.k.:'e:n Town of North Andover Town Clerk'fame Stamp ZONING BOARD OF APPEALS rCEIVED Albert P. Manzi III,Esq.Chairman ' 'k' r rri" * Ellen P. McIntyre, Vice-Chairman f NaRTh -1 Richard J. Byers,Esq.Clerk �O t.( . ; J See Section 8.3 of the North Andover Zoning Bylaw for more detailed information Town of North Andover Planning Board Please type or print clearly: 1. Petitioner: Edgewood Retirement Community, Inc. (Attn: Marlene Rotering) Address: 575 Osgood Street, North Andover, MA 01845 Telephone Number: (978) 725-3300 ((a 5.7755 Osgood Edgewood Retirement Community, Inc. 2. Owners of the Land: (b3 549 Osso Edgewood Retirement Properties, LLC Address: 575 Osgood Street, North Andover, MA 01845 Telephone Number: (978) 725-3300 Number of years ownership: (a) 11+ years (b) 2+ years If applicant is not the owner,please state interest in property: Petitioner is 100% owner of Edgewood Retirement Properties, LLC, which purchased Parcel (b) in 2004, to be combined with Parcel (a) upon sucessful conclusion of permit 3. Request for a Special Permit under Section 13&10.3 of the North Andover process. Zoning Bylaw to complete the construction of the final phase of this CCRC. 4. Location of Property: 575 and 549 Osgood Street Zoning District: R-2 Assessors: Map: 36 Lot# 3, 17, 18 & 19 Registry of Deeds: Book#: a` 4378 Page# (a) 115 (b) 9223 (b) 177 5. Existing Lot: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area(Sq. Ft): Building Height: Street Frontage; Side Setbacks: Font Setback: Rear Setback: Floor Area Ration: Lot Coverage: 6. Proposed Lot(if applicable): N/A Lot Area(Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: `, Floor Area Ratio: Lot Coverage: E 7. Required Lot(as required by Zoning Bylaw); SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Lot Area (Sq.Ft.): Building Height: Street Frontage: Side Setback: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: 8. Existing Building(if applicable): N/A Ground Floor(Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 9. Proposed Building: SEE ATTACHED EXHIBIT A TABLE OF COMPLIANCE Ground Floor (Sq.Ft.) #of Floors Total Sq. Ft.; Height: Use: Type of Construction: 10. Has there been a previous application for a Special Permit from the Planning Board on these premises? Yes . If so,when and for what type of construction? 1989 for a CCRC under Section 13• See Attached Special Permits 11. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as i complet . Petitioner's Signature: Marlene G. Rotering, Executive Director Print or type name here: dgewood Retirement Community, Inc. Owner's Signature: fA) Marlene G. Rotering,Executive Director Print or type name herd ewood it ent Community, Inc. ( ) Marlene G. Rotering,Manager E gewood R me rent Prope ties, LLC Zoning Bylaw Review Form MONTq •'�° Town Of North Andover 0� Building Department 40 ' 1600 Osgood Street, Building 20, Suite 2-36 .o• ••......A.� North Andover, MA. 01845 VSs `'.Us Phone 978-688-9545 Fax 978-688-9542 Street: 549&575 Osgood Street Ma ILot: 3613,17,18&19 A licant: Ed ewood Retirement Communit ,Inc. Re nest: Construct 27 sin le du lex cotta es Date: 4-12-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: R-2 Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies, 3 Lot Area Complies 3 Preexisting frontage 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage - 1 Allowed G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required X 3 Preexistin CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply1 Height Exceeds Maximum 2 Front Insufficient 2 Com lies 3 Left Side Insufficient X 3 Preexistin Hei ht 4 Ri ht Side Insufficient X 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexistin setback s} 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies D Watershed 3 Coverage Preexisting 1 Not in Watershed 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10124/94 1 Sion not allowed 4Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parkin Required 2 Not in district 2 Parkin Com lies. 3 1 Insufficient Information Remedy for the above is checked below. Item# Special Permits Plannin Board Item# Variance X Site Plan Review Special Permit X Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special PermitS ecial Permits Zorfinci Board Independent Elderly Housing Special PermitSpecial Permit Non-Conforming Use ZSA Large Estate Condo Special PermitEarth Removal Special Permit ZBA Planned Development District specialSpecial Permit Use not Listed but Similar Permit Planned Residential Special PermitSpecial Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing,Non- P, Conformin Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled`Plan Review Narrative'shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the move file.You must file a new building permit application form and begin the permitting proces . �� Building Department Official Signature Appli ation eceived Appl ratio Denied Denial Sent: if Faxed Phone Number/Date: ` Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit for the property indicated on the reverse side: Review Reasons for Denial&Bylaw Reference Form Item Reference B-4 A Special Permit is required from the Plaftning Board per Section 13.1 Establishment..."The authorization will empower the Planning Board to review and approve a definitive plan under the Special Permit provisions in Section 10.3 and as in otherwise provided for in this section."of the Zoning Bylaw in order to construct the proposed new units. C3 &4 Dimensional Variances are required from the Zoning Board in order to construct the proposed new dwelling units within the 100'setback perimeter lines per Section 13.5.d.1 Perimeter Setback...-."No building or other structure shall be located within one hundred(100)feet of perimeter lines of CCRC parcel." Referred To: Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT Zonin2Bclaw'DeniaLI000 t ry: 6 _161 BK . PG 335 - � TOWN OF NORTH ANDOVER A QQVEK A// �� KASSACHU6ETTa 0i1 V V • • 41 • • ; my s eppw co Any be fled a within j2 r-the 4 . - ICO NOTICE DF DECISION Ii Mete of Al . the Town 80 4n the W rabb i Date.ggtA'I.3r.AIM............. hr� o ad Date of Hearing .e.pte.ear.slt.i1ag Petition DL roc...................... Promises affected .3ut.side of agooa street.. .................................. Referring to the above petition for a apecid4ermit from the requirements of the .....Horth.ladaarr.ioRta41tE7�►c&lokttgM:7A•�..9PlGlfii.t�t;i RgtAX7ePlha.31 Conditions Lor Spproval of specials section 11.3.11DO lsoaada�FitlOar�i lttiriarnt�lNatue so ata to T$rmit i L"e'oo6ifsncEidS'3ftCi�Aik3l�►iAtN i'C�lit:••••••• Ir ..................................... ......-.......... cam„ x k = W After a public hearing given nn the above date,the Piawdng Board voted Caoditionaur s to appso.s.........the .special.Peaita. based upon the following conditions: f " cc: Director of Public Works BipedBoard of Public Martaitighmsy t7� Dnildi" Inspector ...:. Board of Sealth Jdm sigma f,%M Caoeeriation *Lon CDesiia ..... •• •••• ••• +' assessors •Rrieh afitr�cha.................. ChiefPolice v Fire Chief Paul Bedatroa applicant .............. Engineer Pile. Interested Parties PlaPul�ngOeld.....•.. - _ _ —- 4C 11 ,1 1 r II i :V1 8'K 4323 PEl - oFr cFs r Town of Ito Main stmi orF�s AitoN NORTH ANDOVERNOMA �H - DMS\KVi9F 4509!8878481 (� PLANNINi3 COMMUNITY DEVELOPMENT al zll ' KAREN KF.NELSON,DIRECTOR October 5, 1989 } Hr. Dania! Long, Town Clerk Town Hall �I120 Hain Street I 2Fnrth Andover, HA 01845 r. '' �' Re, Edgewood Life; Special Permits u I > r Section 8.3.; Site: a�E. ;' Review, 6ectlon 1 INV ��i docrtinuirrg Care ee,I �(t ^ 3, Retirement Center 1 Section 11.3, Pla: Development Distr axe 1i }i ° 1 Dear Hr. Long, The North Andover Planninq Shard held a public hearl-ng tm 27, 1989 in the Town Hall, Library/Conference Room, ori,tiie applica 1 'i! of 'Samuel 6. 'Rogers end Edgewoad:Lite Care, 1 Johnson Street, startr yl I Andover, HA. The hearinq was duly advertised in the North ArWover -Citizen nn July S and 'July 13, 1989 and all parties of inte-rest-we notified. .thefallowing zembers were present and vatingt George Pe Chalrmany John Simons, Clerk; Erich Nitzsche, Jack Graham and Paul Hedstrom. � r � The pntitioavr i-s requesting Special Permits under Sect=on. q +' s Section 10.317 Section 11.3 and Section 13 of the North Andover Zof BY-law As they relate to a Continuing Care Retirement Center and Ser 8.3, 61te Plans Review. The purpose of the the Size Flan is to construct a building 125,812 sq.fx., three '(3) s-tory, 250 dwe-lling units, LS bed logy term nursing facility of a Continuing Care 1piIII:I� E ' Retirement Center on 62.29 acres, mors of less on the vast tide of ; IIII 1Osgood Street in a Residential-1 (R-1) and Residentlal-2 (R-2) Sont 1i�1 E District and Nate-rshed Overlay District. JDhn Simons read the legal notices to open the public heart on the apvcial permits. John Simons stated that there -were several letters. and othericorrespAndenc-e-in the file for public inspsetion. �!;r (1 f George Perna asked Chris Huntress to comment on the - �I� application. Chris stated'that the applicant had been before the 1 ij' k Technical Review Committee and that a number of issues were resolvt Clifford Elias, representing Samu -5. Rogers and -Edyewood Care, present-ed the Board with two separate packases, 1) large loos_ Ir leaf book, called the Informat,4on Book; 2) a memorandum package for Ii1dl .! official recur-ds of this application. The Board accepted the pack& 1t j.. i 1 fIIff��f �L•8 � I I ,Dill k�4 � 1 1 ' I ,NiY Mit e 1;i1 �I . , 1 � I I; 1 � - 432 PG 337 `T. ' 33 Page 21 Mr. Elias asked that the Board visit the site and 1060 Osgood„ + Street where a model of the proposed is being displayed. u_ The major difference in this application from the preliminary x plans 1s the location of the access road. There will be town water and . �; town sewer by the developer. Sixteen acres of the proposed project will be disturbed. A new traffic study has been done with minimal impact. The proposed will be done in two phases ��b r 1. health center and dwelling units 2. last two building nearest the lake, the pool and the auditorium. re r The cost per unit will be around 6190,000 with monthly an maintenance fees from $900 to $1400. . � - Some of the parking will be underground, 132 spaces and 236 � T spaces above ground for a total of 368 parking spaces. One hundred i � seventy five (175) people have signed up already with sixty percent ` (601) North Jlndover residents. Hr Elias presented the Board with a samples of agreements. . Chris Huntress spoke on the circulation of the traffic`flow. > Erich ltitzscbe stated that a workshop would, be appropriate on the s .. proposed project. Erich suggested a-site walk to view the access road. The Board wi11 meet on Saturday, July 29, 19_89 at 8:-00 a.m. at 1060 Osgood Street. a �„��,,� � Xx� '�; ,•� John Simons commented on looking at the scale model in ¢ = conjunctlniiiiitA the passing. Paul Hedstrom asked if a Form A Plan _ F, ciliated, was it a legal lot of record. Hr. Elias said, 'no, not yet." 3; $ George Perna asked for public input. Erich Nodlinger, attorney representing the Rockwell's, gave the Board a letter on issues his client wanted addressed= K 1. access issues to be addressed as a subdivision x'A� 2. drainage 3. public utilities for abutting owners 4. emergency access to be maintained landscaping end screening to b.e.done carefully. sr fir; ,w Hr Nodlinger asked that the concerns be made part-of the conditions. - George Perna questioned why the access 'road was moved. Clifford ,'a Elias stated that there were two reasons for the access road being moveds ` hr xk 1. conservation J. 2. safety . Attorney Arthur Hughes, representing the Mary Charles Estate. expressed concern similar to those expressed by Eric Nodlinger, attorney for the Rockwell'$. A motion was made by Paul Hedstrom to. continue the public hearing enti'_ August 10, 1989 and set up a workshop:" The motor was narI-ausiy .2y :hose I 3 i BK 4323 01 Page 3: ! The Planning Board held a regular meeting on August 10, 1 i l the Town Hall, Library/Conference Room. The following aembers weS 1 ! presents George Perna, Chairman;Erich Nitzsche, Jack Graham and V 1 1 ; Hedstrom zp��, I 1 Vy� � 61 + .€ Erich Nitzsche read a letter from Chris Huntress to Cliffe 3I, , { Elias. Clifford Elias stated that the Planning Board visited the on July 29, 1989 as well as the gffice to see a scale model of the 7 �'� proposed project. J. = Hr. Elias stated that the Special Permit for a common driv Y - 4j,; + has been filed and the Form A Plan gill be filed on August 11, 198. N 1.1 Members of the Planning Board expressed concerns on the following: Ti1 } Screening of parking iruf l I 2; safety of intersection 3. traffic A discussion took place between members of the Planning Bo; setting up workshops. Some members expressed the need for them, o' did not see the need. George Perna went over a 'letter from Choate, Hall & Stewar* attorneys for abutters, on issues and whether they were relative tc r �! ' planning or not, that letter is available in the file for inspectic 114i: A motion was made by Paul Hedstrom to continue the fir h� 'It public hearing until August 24, 1989 and direct the planner to draft a decision. The motion was seconded by Jack Graham and voted uranimc by those present. NII On August 24, 1989 the Planning Board held a regular meeting `�} Pirlj IIj3d`+ the Town Hall, Library/Conference Room. The following members were; = i E present: George Perna, Chairman; John Simons, Clerk; Erich Hitzsche. Jack Graham, 1III ,, ! 1 1' Abutters expressed concerns with crossing the access road. 111�I4I i A discussion took place on drainage. Mitigation of run-off IIi1 E! '' incorporate all off site flow to the 100 year storm event. Other i Ilhfi;pl discussed wete: the common driveway access to the farm being used; A, security issues; agreements with trustees. ! �, s 1IR,tiil � A motion was made by John Simons to close the �! pal public hcarinf take the matter under advisement. The motion was seconded by Ericl- + Hitzsche and voted unanimously by those present. 61r�1;iJIf1,�u On September 7, 1989 the Planning Board'held a regular.meeti s 1 1 �kl+• in the Town Hall selectmen's Meeting Room. The following members we J y present: George Perna, Chairman; John Simons, Clerk and Erich Hitzsc Jack Graham and Paul Hedstrom were absent. 11Ir ( � - I �- a p , , IN 53 EK y r � 41 �I t s :I g r � 1yp �1 �K 4323 PG 339 Page A p A copy of a draft decision was distributed to the Board l z members. The Board is to review the draft decision and vote on at the 2 September 21, 1989 meeting. x ' On September 21, 1989 the Planning Board held a regular meeting to in the Town Hall, Selectmen's Heeting Room. The following members were present: George Perna, Chairman; John Simons, Clerk; Erich Hitzsche and Paul Hedstrom. Jack Graham was absent. By �� ,..- The Board members added to the draft that all relevant approvals- = s'` must be obtained prior to issuance of a building permits. Incorporated sX ' into the decision will be concerns of D.P.N. which are addressed in a 4 letter from Bill Hmurciak, D.P.N. Covenants will be attached. Easements granted to the Trustees of the Reservation. IV Housekeeping, in the language, was done on Conditions i5, Condition i17, and Condition f 20. aMotion was made by Paul Hedstrom to approve the Special Permit on 8 drafts for Site Plan Review under Section 8.3; Section 13, Continuing rsCare Retirement Center; and 11.3, Planned Development Districts per x discussion and drafts as *marked up and directing the Planner, Chris Huntress to put in final form as discussed. The motion was seconded by t> Erich Nitzsche and voted unanimously by those present. A list of those conditions are attached. { Sincerely, Y PLANNING BOARD n a George Perna, Je. , d hxn � c Chairman h rfi .+3~- cc: Director of Public Works Board of Public Works �< Highway Surveyor 11 Conservation Commission es i Building Inspector Board of Health Assessors Police thief ;d fire Chief R n Applicant Engineer File W � , a Bk 4323; j CnQEWWD LlFECR1R2. . - x �II , SPECIAL PERMIT FOR A CONTINUING CARE RETIREMENT CENTER ' AND PLANNED DEVELOPMENT DISTRICT (PDD) - GRANTED UNDER x j 10.3, 10.31, 11.3 AND 13 OF THE NORTH ANDOVER ZONING BYLAW. The Planning Hoard makes the following findings regard! special Permit as required by sections 10.3, 10.31, tl.3- of the Zoning Bylawst ,a!��� i l,f I. The proposed use and site design for this lot are appropriate, due to it's location in Town. in-1 2. Adequate vehicular and pedestrian access into the sum w fi1,` site has been provided. x ,'�� +tai- j (( 3. The landscaping plan as shown and revised, meets the i, raqulroments of section 6.♦ of the Zoning Bylaws. 4. .The site drainage system is designed In accordance wi Town Bylaw requirements. IIII 11 I S. The applicant has met the requirement■ of the Town fo; Plan Review as stated in Section 8.3 of the Zoning Byl Y xI�II r 1" 6. Adequate and appropriate facilities will be provided proper oparatlon of the proposed use. The Planning Board -finds under Beet ions 6.33, 10.31 10.3 "I and 13 (CCRC and PDD) of the Zoning Bylaw that the propos! plies with the To plan generally eanwn Bylaw requirement �,IiMt I requires minor conditionsin order to he completely In tom{ of IIID {! f with Town Bylaws. h ,3�IIII�I "I(I. Finally, the Planning Board finds that this proposal cl with the Town of North Andover Bylaw requirements so long following conditions are complied with. Therefore, in of fully comply with .the approval necessary to constru facility as specified in the Special Permit before Planning Board hereby grants a Special Permit to the aF: provided the following conditions are met' <U The project may contain 198 congregate housing units the use of the open space bonus or the affordable hal bonus. (2) If the project takes advantage of the open spats bond. 'Ili 1`, it may contain 221 congregate housing units. If, in addition to the open space bonus, the apPlican [ i to construct more than 221 units, than the project rt { j ° contain up to 230 units upon the payment to the town a 0i "1= + +�Mn, yid II a ; ' 1 IqI 1al ( - 3 , b rg,t `G 340 q - BK 433 FG 341 vW , secti of the ed in a Porth And ve Yo nfuevanteahalicthare ba unitstin6texc om-of Zoning Dy rias F 230. t4) The architectural style and design of the CCReonatrueC shall tlonf colonial design, in wood frame or lap sid.inp this ^' " consistent with the style and design of the nearby Edpewood 1d 13 Farm buildings. t3) All concerns raised by the DPW in the July Em 1989 letter A front Mr. William Hmurciak, as listed below, must 6e Properly addressed and all relevant material must be submitted to, � zx and approved by DPW prior to the pluming Board endorsing the record plans. ding a. Show antis water main and crossing utilities on the off s site plan. � . Ig he ill ond is e. f Or ��:: b. TheThe eKieti»pthodoculvertsnattthempondperossingstarecnoteshown the correctly on the plan. The water main as designed will block the culverts• lite c. The existing 12'r water gain stub at Pleasant street . a plugged bell, therefor* no dresser coupling is needed. xter stain on the tf d. Change the method of connection to exi sting ww ){arkaway Road and to Millpond units 47 and 33. Add a 12" t pa 11.3te valve on the north side of Harkaway Road. site but a. TliminatsdinTh*"serwie*sato housee8 leaBand 133treet hshouldould ebe enc■ connected to the new 12" main and the proPo sad cross z connection at the 8" dead and may be eliminated. At180hatx f. show 180 foot stationing on the Plan. r to The 12" - 1/8 bonds at station 18 90 are not necessary. the the h. The eonn*etion to 6he existing a, water main on Dspood -, cant valve Street at the pro�act entrance shall be an 8" x 8" hout shstub and ouIdgbel provid9dmove and vforefuture"extension onta northerly ng direction. < t. Maximum distance between sewer manholes is 300 foot- then ?`" Provide profiles of on Sita roadway and utilities. utllitiss ori one site plan. wish k. Show all l' lTh aopdom st is waremainrwherweropossibluld be �onnected to the tad I Y' 4� <�i I � I �i it�'�`•.. 1 . 8K 4323 R' n II :�: �1F m. Show details of utility crossings under buildings. u Y. n. The number of bends used in the 12" water main ghoul, kept to a minimum. . r Io. Show rims and inverts on drainage plan. ° +,II(Iliziji p. Provide detail sheets of roadway and drainage facilitl q. The design of drainage from areas B-1-A and 9-1-2 dos: not consider the potential for reduction of effective flow area of catch basins during adverse conditions. �il S r. Provide data showing the projected water consumption projected average daily sewage flow for the community. A D.E.P. D.W.P.C. sewer system extension permit must Haf`} +' obtained prior to sewer construction. t. Provide a plan for phased construction and erosion x .. control. F, 1 `;� (6) All existing tries of greater than 12" Diameter with 238 the existing tree line shall be shown and labelled on th �I� k II,,,. site plan. �, I10 -4, (7) The following material has been reviewed by the Planning 11�J r'a I I Board and staff In this Public hearing process and shall considered as part of this decisions {I (1) Packet entitleds EDSEWQQQ LIFE CARE, A CQNT1MJ.1h JIII, CARE RETIREMENT CENTER FOR TH( fir, 4 ' TOWN OR NORTH ANDOVER. (2) Packet entitleds MEMORANDUM OR LAW AND RACT6, presented by Samuel G. Rogers s. •; ) Edgewood Life Care, Inc. (B) The Special Permit granted under section 8.3 (Site Plan lII� III: Review) of the Zoning Bylaw for this site, shall also be deemed as part of this decision. +ISI, The following plans shall be deemed as .part of the decisions Plank Entltlfds Town of North Andover Massachusetts. Stevens Street Proposed Water and Sewer Facilities. Ilii• i �I�' ` Dateds June 3, 1989 z. 4 Is i i , ; �:; I , ,;•' Drawn Sys Dec) Associates Inc. I P�' Illr Plans Entitleds Topographic Plan, Dated 12/29/88 Plan of Land, North Andover MA, Dated 4/11/89 c�" ii FV I� 54 711 :"4 23 PG 343 site plan (Project), Dated 6/3/89 Project Planting and Lightinp.Plant Dated 6/2/89 site Plan (Errtry)t"Octad 4/97/89 site Plan (project),"Dated;�/27/89 _ Grading and Drainage Plan (Fait ryfI .D�ted x/27/89 Brading and and Dralnage�PIa>Z�tPrcJ6ct)t Dated YZ -.w y Plans Drawn Byt Earl R.. Flansburgh i AseOdiAtee Il no Plan prepared fort Edgewood Life Care Inc. IR ccr Director of Public Works > Board of Public Works rN'• 1+w vim` Highway Surveyor Building Inspectortr x Board of Health Rssnsors . t Conservation Commission , terx. Police Chief . Fire Chief Applicant Engineer oils 511. s..W`• t. ads 41 S r. i n I i; P6�U1��DD�80 BK 4323 P81 1 RECEIVES TOW1Y OF NORTH AIYDCi+ER ]DANIEL LONG MASSACHUSETTS TQWNCLE NQRTN MiOAVER' { H0 E tF' AnyeppBalshall befiled "" ATMA INEill -within(20)days4ifterzhe date nf#ilingofshisNotice NOTICE OF DECISION ` ' p In-the Dtfioevf the Town � I Clerk. 4 °; 51 ISG Ef! 41iA •ilefrdiilaaai bate of Hearing 8*ptst?!{uS 198 i It dips Petition of ..¢+ �8:.» er!�as 3dgeooa Lift yCara znc. y 3: Premises affected sa.t sine of osyooa street Referring to the above petition for a special-permit from the requirementtl � N of the .:Iwcth.aadorea,aoa34sarUw..8aotioa.8.3..41ta.11l+wJlac4ac............. so as to permit»tbs.maetsvctj cn 404 a bvl3dSp0.125.83�.e9.fL,..t4�aa�ttsua:.4'�1. �f& t I I § 7 •};,, aSD.dwU.lia9.aoite►.l511ed Am f*m Pasi7rv.1`lcilitz.Q�.+I Retirearat center. Ik After ahewin ublic c �M_�p g given on,the above date, the Planning Board voted. to AF.Q.TP«. it ....the .»..$it! P1an�Rsviev ove KV IJ s ;Y; based upon the following conditions: Oct Director of Public Worts board of Public Noma ,� Ali tl y p F i ie 3lghrar W—eror board ff"Itth� Signed 4t coesertatlm Commission police Mier �"4F94. 1 Pire Wet ..............�Q!tn,$iaaas�Cl�ct r;I A ........._......_ Applicant Erich Yi.tzsche � '- Eagisear of File, Interested Parties Paul bedstroe (t{ i tl rl � .4�P Ni � t iI , II R+ I } t I a r r; ,1ta •� 1 . BFB ; 345 44OFFK�s 9r: ToWil Of Noah Andover '�p DING NORTH ANDOVER Ma 0sem 0;84.5 �ONSEKVA-MN '''y DrASI0N OF _ (509)682E483 p=NWG PLANNING&COMMUNITY DEVELOPMENT KAREN H.P.NELSON,DIRECTOR October 5, 1989 E Mr. Daniel Long, Town Clerk Town Hall " 120 Main Street North Andover, MA 01845 Re: Edgewood L:fe Care Special Permits under Section 8.3, Site Plan kfi Review; Section 13, x Continuing Care �,. a. Retirement Center; Section 11.3, Planned Development District x= Dear Mr. Longs " The North An Planning Board held a public hearing on July 27, 1989 in the Town Hall, Library/Conference Room, on the applications of Samuel S. Rogers and Ed gewood Life Care, 1 Johnson Street, North Andover, MA. The bearing was duly advertised in the North Andover Citizen on July 6 and July 13, 1989 and all parties of interest were notified. .The following members were present and votingi George Perna, Chairman; Jahn Simons, Clerk; Erich Nitzsche, Jack Graham and Paul Hedsxrom. i 4.... The petitioner is requesting Special Permits under Section 1.0.3; 4 Section 10.31; Section 11.3 and Section 13 of the North Andover Zoning Bylaw as they relate to a Continuing Care Retirement Center and Section Site Plans Review. The purpose of the the Site Plan is to construct a building 125,812 sq. ft., three (3) story, 250 dwelling units, 45 bed long tern nursing facility of a Continuing Care w qi' Retirement Center on 62.29 acres, more of less on the east side of ,;. Osgood Street to a Residential-1 (R-11 and Residential-2 (R-2) Zoning z" District and Watershed overlay District. �> John Simons :read the legal notices to open the public Bearings _;� ` �? 4 on the special permits. John Simons stated that there were several letters and other correspondence in the file for public inspection. George Perna asked Chris Huntress to comment on the application. Chris stated that the applicant had been before the Technical Review Committee and that a number of issues were resolved. Clifford Elias, representing Samuel S. Rogers and Edgewood Life Care, presented the Board with two separate packages, 1) large loose leaf book, called the Information Book; 2) a memorandum package for official records of this application. The Board accepted the packages. fir �i• r m c ,. lApi I BK 4323 1 p ,p Page'21 ��31ApI GAS ;:t i nl { Hr. Elias asked that the Board visit the site and 1060 Street where a model of the proposed is being displayed. i The major difference in this application from the preli )' plans is the location of the access road. There will be town w town sewer by the developer. Sixteen acres of the Proposed P P sed pro' be disturbed. A new traffic study has been done -with minimal i 4H •i I' The proposed will be done in two phases health center and dwelling units 2. last two building nearest the lake, the pool AI auditorium. ICt d' The cost per unit will be around $190,000 with monthly IIf�' 3` maintenance fees from $900 to $1400. Some of the parking will ire underground, 132 spaces and .r i3 I spaces above ground for total of 368 parking spaces. One hund, 1 seventy five (175) people have signed up already with sixty perc: (604) North Andover residents. Hr Elias presented the Board wit samples of agreements. sdl I Chris Huntress spoke on the circulation of the traffic f' 1 �! Erich Nitzsche stated that a workshop would be appropriate on th • EI I ' f y proposed project. Erich suggested a site walk to view the access E ` ! The Board will meet on Saturday, July 29, 1989 at 8:00 a.m. at 11 Osgood Street. A John Simons commented on looking at the scale model in dI4 �; I conjunction with the massing. Paul Hedstrom asked if a Form A P: fa I existed, was it a legal lot of record. Mr. Elias said, 'no, not r Ell George Perna asked for public input. Erich Wodlinger, at.SIIjillj representing the Rockwell's, gave the Board a letter on issues h7; z ti �; F It client wanted addressed: access issues to be addressed as a subdivision i 2, drainage (k �l 3. public utilities for abutting owners 1 4. emergency access to be maintained S• landscaping and screening to be done carefully, Mr Wodlinger asked that the concerns be made part of the conditions. George Perna questioned why the access road was moved. C: a � ,1 Elias stated that there were two reasons for the access road bein, 1. conservation li}'I it al s' 2. safety 4 f eII7lnkn Attorney Arthur Hughes, representing the Hary Charles Este- { �•,< expressed concerns similar to those expressed by Eric Wodlinger, =� d�r : I attorney for the Rockwell's, g F'Ifl 31 I a I t I� d;EI ,I1 A motion was made by Paul Hedstrom to continue the public It E :searing urtll August 10, 1989 and set up a workshop, The ❑ot on :+ ,'F II' I Aa as as=t .-- -_;n.ao•�31V �•( _..ase ---'..-. 15 (( f� F I 31 I it I I{ 1 I fIry I,t F , z 31• •3;1 _ Ik Y IIN Ilapf • 346 Big 4323 PG 347 ood,. ` , page 3.- The Planning Board held a regular meeting on August 10, 1989 7.9 ary the Town Hall, Library/Conference Room. The following members were r and presents George Perna, Chairman;Erich Hltzsche, Jack Graham and Paul t will Hedstrom ct. � t Erich Nitzache read a letter from Chris Huntress to Clifford Elias. Clifford Elias stated that the Planning Board visited the site - on July 29, 1989 as well as the office to see a scale model of the the ' proposed projec�. Hr. Elias stated that the special Permit for a common driveway has been filed and the Form A Plan will he filed on August 11, 1989. 'y Members of the Planning Board expressed concerns on the ­ following, r 1. Screening of parking 2. safety of intersection 3. traffic A discussion took.place between members of the Planning Board on setting up workshops. Some members expressed the need for them, others ad. did not see the need. George Perna went over a letter from Choate, Hall & Stewart, attorneys for abutters, on issues and whether they were relative to planning or not, that letter is available in the file for inspection. A motion was made by Paul Hedstrom to continue the public hearing until August 26, 1989 and direct the planner Co draft a ney decision. The motion was seconded by Jack Graham and voted unanimously by those present. On August 26, 1989 the Planning Board held a regular meeting in the Town Hall, Library/Conference Room. The following members were presents George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and Jack Graham. 3a Abutters expressed concerns with crossing the access road. R A discussion took place on drainage. Mitigation of run-off x111 incorporate all off site flow to the lee year storm event. Other issues discussed wetes the common driveway access to the farm being used; ford security issues; agreements with trustees. 7Vedt �x r t 1 A' motion was made by John Simons to close the public hearing and take the matter under advisement. The motion was seconded by Erich Nitzsche and voted unanimously by those present. E On September 7, 1989 the Planning Board held a regular meeting in the Town Hall Selectmen's Meeting Room. The following members were t:$ present# George Perna, Chairman; John Simons, Clerk and Erich Nitzsche. Jack Graham and Paul Hedstrom were absent. k `ti BK 43213 PG Page 0, A copy of a draft decision was distributed to the Board members. The Board is to review the draft decision and vote on at the September 21, 1989 meeting. On September 21, 1989 the Planning Board held a regular eeting in the Town Hall, Selectmen's Heeting Room. The following membemrs keLe present, George Perna, Chairman; John Simons, Clerk; Erich Nitzsche and- Paul Hedstrom. Jack Graham was absent. The Board members added to the draft that all relevant approvals` must be obtained prior to issuance of a building permits. Incorporated f into the decision will be concerns of D.P.N. which are addressed in a y letter from Bill Hmurciak, D.Y.N. Covenants will be attached. Easements granted to the Trustees of the Reservation. '- Housekeeping, in the language, was done on Conditions #s, Condition #17, and Condition # 20. Hotion was made by Paul Hedstrom to approve the Special Permit drafts for Site Plan Review under Section 8.3; Section 13, Continuing Care Retirement Center; and 11.3, Planned Development Districts per c discussion and drafts as marked up and directing the Planner, Chris Huntress to put in final form as discussed. The notion was seconded by ; Erich Nitzsche and voted unanimously by those present. a A list of those conditions are attached. Sincerely, PLANNING BOARD ti Georg Perna, - Chairman ccl Director of Public Works {4 k% Board of Public Works Highway Surveyor ? Conservation Commission Building Inspector Board of Health Assessors Police Chief Fire Chief A Applicant Engineer File � t ix SS S i� R 6K 4323 PG 349 f A. SPECIAL PERMIT, BITE PIAN RE VIEW - GRANTED UNDER RECTION 6.3 OF x i THE NORTH ANDOVER ZONING BYLAW this The Planning Board makes the following findings regarding 3 special Permit as rsquirsd by section B.3 of the Zoning Hylaws$ # s 1, The proposed use and site design for this lot are 7 appropriate, due to it's location in Town. E. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3, The landsespinG Plan as shown and revised, meets the ,.w " requirements of section 8.4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements- for has nee bhs requir+menta of the TownBylaw- The flawsite 5. The app �z a Plan Review as stated in the 8.3 of bhs Zoning Y g.,.,c appropriate facilities wULI ill be provided for the Y 6. Adequats and appro P proper operation of the proposed use. ftxf: The Planning Hoard finds under Beet ion 8.35 of the Zoning Bylaw r that the proposed site plan generally tomplles with the Town 4 Bylaw requirements but requires minor conditions !n ord+r to be r� K completely in compliance with Town Bylaws. tiProposal compl ids Finally, the Planning Board finds that this as the "> with the Town of North Andover Bylaw requirements in so long to y ' following conditions are eomrov+i Wit yh. reto econstr construct + fully comply with the apP ectal Permit before us, the t cx facility as specified in the $Pedal Permit to the applicant h; planning Hoard hereby Brants a Hp ) ' provided the following conditions are mete detention basins, shall be P .. (1) All drainage frcilitiss including building constructed and erosion controlled prior to any .. permit being issued on the tits• �� for (8) An as-built plriornto bhedproifinelle aroleasell be uofiDPWdbond.Honey review and app interim p certified interim as-built verifying that all utilities have w rofile been irate fn accordance with lieatie" ofplans nthe binder shall be submitted prior to the apP coat of pavement, in additton, all required inspection end 4 tasting of wafer, sewer, and drainage facilities shall b+ completed prior to binder eaurss paving. (3) Any ehangss on the plans required by the North Andover .. j . B! 4323 PG 30 Conservation Commission may be subject to Modification under Chapter 41 by the Planning Board. (4) All Planning Board Order of Conditions are to be placed upon the recorded plans, ! Cover Ghost ) prior to endorsement and filing with the Registry of deeds. --?- (5) Throughout all lands, tree cutting shall be kept to a _ minimum in ortler, to minimize erosion and preserve the Asa natural features of the site. Accordingly, the developer in =` conjunction with a registered arborist, shall submit a tree cutting and reforestation pian consistent with the Provisions of Section 0.4 of the North Andover Zoning Bylaws, to be opproved by the Planning Staff prior to the applicant receiving a Building Permit. This Plan shall ' explicitly include s '>- p specific trees to be retained. (a) The contractor shall contact Dig Safe at least 7e hours prior to commencing any excavation. Via= (7) gas, Telephone, Cable and Electric utilities shall be Installed as specified by the respective utility companies. , (6) All catch basins aTiall be protected and maintained with hay biles to prevent siltation into the drain lines during road - construction. (9) No open burning shall be dons except as Is permitted during �� burning season under the Fire Department regulations. (10) No underground fuel.storags shall be installed except as may be allowed by Town Regulations. 5... '', .. (11) All buildings shall have residential fire sprinklers [•._ installed prior to. the Issuance of the Certificate of Occupancy, per order NAPO. (12) Prior to a Certificate of Occupancy being issued for any " structures, this site shall have.received all necessary permits and approvals from the North Andover Board of =t Health. (13) Bonds, in an amount to be determined by the Planning Board, .' shall be posted to ensure construction and/or completion of . sewers roadways, site *crooning andolher pertinent public °.. amenities. These bonds shall be in the form of a Tri—Party Agreements (14) Prior to a Certificate of Occupancy being issued for any , structures, the site shall be reviewed by the Planning .:. x -Board. Any screening as may be reasonably required by the Planning Board shall be added at the owners expense. (13) Crossing of the existing Right of Way shall not interfere f� y n TG 351 BK 4323 Tom' with that R.O.W.. Stop s!gns shall be placed in both directions along th■ existing Right of Way. (16) There shall be no construction, tree cutting or sits related drainage in the area of the parcel currently zoned R-! Residence District (Watershed) without price approval from the Planning Board. Details of the walkway, gazebo and gardening area as shown on the approved plans &hall be ) _ submitted and approved by the Planning Board prior to commencement of construction of said portions of the project. (17) Edgewood Lifecar&, or any subsequent owner in fee of lot 6, shathe thell not pians whichsubdivide parent. arehereireferenced, an op n-space� of conservation easement shall be granted to. the Trustees of Reservations. That easement shall include all lands in this parcel which are located within the Watershed. The extent of the easement and the accompanying documentation shall be s subject to Planning Board approval. The Open-space _• conservation easement shall allow-walking activities by i residents of the CCRC and their gusts. T rxe (!a) Prior to endorsement of the plan)))•, all off site utilities x shall be submitted to, and approved by the North Andover £'` DPW. (19) Prior to the Building Permit being issued for f the first m< structure and again prior to occupancy of the "t structure, the applicant shall receive a written > determination from the Conservation Commission ly preformedit under , under their Jurisdiction to being satisfactorily P and maintained. r ~ (E0) The special permit granted under sections 10.3, 10.31. il.3, :fir .•,,;. , and 13 ( Special Permit, PDD, CCRC ) for this site shall also be considered &a part of this decision. t21) All construction on the parcel must conform to plans and t specifications he referenced as part of this application. Any changes to the plans or Spec ifiicatlons must receive prior written approval from the Planning Hoard. The following plans shall be deemed as part of the decisloni t € Planb Entitledi Town of North Andover Massachusetts. Stevens Street Proposed Water and Sewer Faaliities. R i Dateds June 5, 1989 x Drawn BYI SCS Associates Inc. ' Plans Entitled plangof�Landhic PlNorthaAndoverted 2Mge8Datad 4/11/69 f , fk ) I ` BK 4323 PG 3z Site Plan (Project), Dated 6/3/89 `v Project Planting and Lighting Plan, Dated 6/2/89 Site Plan (Entry), Dated 4/97/89 Bite Plan. (Projeet), Dated.4/27/89 Grading and Drainage Plan (Entry), .Datsd 4/27/89 Grading and Drainage Plan (Project), Dated 4/27/89 Drawn Bye Earl R. Flansburgh i Associates Inc. Plan prepared fort Edgewood Life Care Inc. a eco Director of Public Works Board of Public Works = Highway Surveyor Z Building Inspector '` Board of Health K Assessors +mA Conservation Commission Police Chief Fire Chief Applicant =� Enginasr ' File �r ..kms Y Y '.' f= 4 ' h 1 • �M ti .s ti zn s: i. F� T ��h V NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center -Recorded at Book 3983, Page 268 2/15/94 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341,Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323,Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D Access Strip to Mary Charles Property • Frontage Special Permit • 10/24/95 -Recorded at Book 4384, Page 99 10/24/95 (14327\64824\A0131463.1) Conservation Commission Dated • Conservation Restriction * 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 • Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 ((4327\64824W131463.1) BK 9223 PSG 177 QUITCLAIM DEED 1, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street,#3301, North Andover,Massachusetts(the"Grantor"),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 00/100($950,000.00), grant to EDGEWOOD RETIREMENT PROPERTIES, LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS, the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover, Essex County,Massachusetts: Lot 7 on a plan by Harry R Feldman, Inc. entitled"Plan of Land No. Andover,Mass." dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of Cd Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. Parcel A on a plan by Robert M.Gill&Associates, Inc. entitled"Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 d with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. Lot 2A-1 on a plan by Robert M. Gill &Associates, Inc.entitled"Compiled Plan of La z in North Andover,Massachusetts"dated July 5, 1.995 and recorded as Plan No. 12724 -1�? C ' with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area o€? ry 93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A =c o containing 128 square feet). rn --�r — oThe parcels are conveyed subject to and with the benefit of all rights,easements,covenants, O restrictions, agreements and other matters of record,to the extent the same are in force and applicable,including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. For Grantor's title to the above,see the following: cry Deed dated June 14, 1984 from The First National Bank of Boston,as trustee,recorded at Book 1826,Page 134 [as to portions of Lots 2A-1,2A-2,2A-3 and 71. r Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948,Page 170(as to a portion of Parcel A). Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363,Page 306 [as to portions of Parcel A and Lot 7). Deed dated April 24,2000 from Michael L. Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-21. A- Kd� DEM E,MHIMT &BRANCH PROFESSIONAL ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICEBOX39 ANDOVER, MASSACHUSETTS 018 BK 9223 PG 178 Co-- Executed under seal this day of IJ'-'-CB ,LaeAr,2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: 0�.Sse�z On this 1�k� day of M ,2004,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: identification based on my personal knowledge of his identity,or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is.unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Pub ' (,J•l,Avbi� My commission expires: 7-y-Q� r _ (SEAL) za BK 4378 PG 115 i` DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws, Chapter 180,with a usual place of business in North Andover,Essex County,Massachusetts(the"Grantee")with T Quitclaim Covenants, a certain parcel of land situated on the Easterly side of Osgood Street in co North Andover,Essex County,Massachusetts,shown as Lot 6 on a plan entitled:"Plan of Land d No.Andover,Mass."by Harry R.Feldman,Inc.,Land Surveyor,dated April 11,1989,consisting +' of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as 0 0� effected by an Affidavit dated November 9,.1989,-recorded with said Deeds in Book 3029,Page Q! +. - 90, (the "Plan"),said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and described as set forth in Exhibit A attached hereto and made a part hereof, containing,according CD 0 o to said Plan as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the t "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: 0 � u( 1) All rights, title, and interests, if any, of Grantor in, to and with respect to any land 00 lying in the bed of Osgood Street-directly abutting the Premises; Z c; (2) the non-exclusive right, in common with Grantor and all others legally entitled thereto,to pass and repass over the "Lane To Pond Pasture(Private Way)" shown on the Plan; C b (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and w exclusive right and easement for signage, drainage, grading-and slope rights in that certain o triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 N of 4) as "Drainage, Grading& Signage Easement",-said parcel of land being more particularly bounded and described as follows: b to Kr WESTERLY by Osgood Street,as shown on said Plan, 38.06 feet; NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 feet; 'r, SOUTHEASTERLY by Lot 6,as shown on said Plan,79.68 feet. together with the perpetual and exclusive rights and easements in those portions of Lots 5A and 7 shown on the Plan designated as"Construction Easement'A'","Construction Easement'B'"and Pc "Construction Easement'C"on the plan entitled:"Plan Showing Easements for Edgewood Life Care, Inc No. AndovV, Mass." dated August 20, 1991, prepared by Harry R. Feldman, Inc.to be recorded-herewith for drainage, grading and slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding the provisions set forth in this paragraph(3), Grantor reserves to himself and-to his successors �. I a~1 t5 ��k{ewc�-1 1-Q--�'►`�.t"�n-� IL� BK 4378 PG 116 and assigns as the owners of Lots SA and 7 shown on the Plan the right to use those portions of Lots SA and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements herein granted by Grantor provided that Grantor,shall not erect or allow any other person or entity other than Grantee,its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein. This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall run with the land, be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (2 1)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992, or for fifty (50)years from March 31, 1992,unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage.trails. Said restrictions, covenants,licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities-developed by Life Care Services Corporation,a corporation organized under the laws of Iowa with a principal place of business in Des Moines, Iowa. This restriction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making a loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis courts,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest hay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede.Grantor's ability to mechanically cultivate and harvest hay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between BK 4378 PG 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on.the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutually agreed between Grantor and Grantee provided that the same do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. (g) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d), (e)and(f)shall be subject to the terms of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith,and Grantee shall take such steps as may be necessary to enable Grantor to exercise the rights set forth in subparagraphs(d),(e)and(f)hereof,subject to and in accordance with the terms and limitations set forth in such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative, permit Grantor,at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access road provided such utilities are only used to service existing (or relocated existing) residences, farm structures, and farm-related uses, and for no other purpose. It is understood between the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided, however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in place of an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions, covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1984 and October 22, 1986 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. GK 4378 PG 118 WITNESS my hand and seal this 911aay of"yer, 1995. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS S u}r4ollr., ss. Ct*l°er ;L7, 1995 Then personally appeared the above named Samuel Stevens Rogers and acknowledged the foregoing instrument to be his free act and deed,before me o Public My Commission Expires:S-qt6'6-r N� X ^" 1010 Yi Q tot;x y M ei10 ty W COX �. t9 ►' oC! n Y CG 4J Zr' X 'v LL. BK 4378 PG 119 The undersigned hereby accepts the restrictions,covenants, licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC. By: -�( COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. 1995 Then personally appeared the above named Elizabeth A.Beland,Treasurer�of Edgewood Retirement Community, Inc.,and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me Notary Public My Commission Expires: S e e z qti EXHIBIT A BK 4378 PG 120 r nT 6 DE-wR1[moN Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W,along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W, a distance of 150.00 feet to a point; thence turning and running N 52' 45' 33" E, a distance of 79.68 feet to a point; thence turning and running N 66' to' 59" E, a distance of 165.10 feet to a point of curvature; thence ung and running by a curved line to the right of radius 350.00 feet,a length of 199.23 feet to a point of tangency; thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature; thence turning and ruining by a curved line to the right of radius 125.00 feet, a length of 118.34 feet to a point of tangency; thence running S 26' 57' 27" E,:a distance of 45.37 feet to a point; thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E, a distance of 21.00 feet to a point; thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14"E, a distance of 120.68 feet to a point; thence turning and running N 78' 26' 40" E,a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37" E,a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 fest a length of 243.96 feet to a point; thence turning and running N 13' 22' 00"E,a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point; BK 4378 PG 1 c 1 thence turning and running by the following five courses: S 76' 33' 49" E,a distance of 84.46 feet; S 82' 55' 37" E,a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.11 feet; S 85' 03' 11" E, a distance of 99.77 feet; S 89 03 24 E, wall a distance 0 f 51.10 feet to the stone end of a , thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a drill hole at the corner of the stone wall; thence turning and running S 19' 17' 59"E,along a stone wall,a distance of 181.49 feet to a point at the comer of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E, a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E, a distance of 363.94 feet; N 77' 34' 20" E, a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Cochichewick as located on January 6, 1986, 1,485±feet to a point; thence turning and running S 79' 55' 35" W, a distance of 594±feet to an iron pipe; thence nursing and running N 17' 50' 15" W,a distance of 239.03 feet to a drill hole at the comer of a stone wall; thence turning and running along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a.drill hole; S 76' 29' 23" W, a distance of 311.43 feet to a drill hole; S 67' 43' 31" W,a distance of 120.13 feet; S 57' 36' 33" W,a distance of 89.12 feet to a drib hole at We corner of the wall; thence turning and running along a stonewall the following three courses: N 32' 14' 07" W, a distance of 102.94 feet to a drill hole; N 32' 25' 40" W, a distance of 223.93 feet to a drill hole; N 32' 12' 31" W, a distance of 128.31 feet to a drill hole at a bend in the wall; thence turning and running along a stone wall the following four courses: N 58' 43' 38" W, a distance of 64.03 feet to a drill hole; N 61' 12' 19" W,a distance of 198.17 feet to a drill hole; BK 4378 PG 122 N 59' 01' 34" W, a distance of 170.63 feet to a drill hole; N 55' 35' 13" W, a distance of 102.85 feet to a drill hole at the comer of the wall; thence turning and running N 36' 59' 44" E, a distance of 306.32 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W, a distance of 277.64 feet; N 31' 14' 46" W, a distance of 383.73 feet to a drill hole; thence turning and running N 15' 55' 41" E,a distance of 2638 feet to a point; thence turning and running by the following five courses: N 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W, a distance of 39.59 feet; N 60' 05' 42" W, a distance of 58.96 feet; N 74' 43' 12" W, a distance of 49.85 feet; S 62' 59' 43" W,a distance of 21.32 feet-to a point; thence turning and running N 20' 00' 00" W,a distance of 24.00 feet to a point; thence tuning and running N 81' 12' 09" W, a distance of 81.12 feet to a point of curvature; thence running by a curved line to the left of radius 300.00 feet, a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W, a distance of 178.61 feet to a point; thence turning and running S 18' 29' 06" W. a distance of 153.20 feet to the point of beginning. 5/3/2007 Exhibit A- Table of Compliance 575 Osgood Street, North Andover, Massachusetts JOB#6050 Nitsch Engineering ZONING DISTRICT R-2 Required Provided Lot Area (s.f.) 43,560 2,713,788 Street Frontage (feet) 100 100+ Front Setback (feet) 150 150 Floor Area Ratio N/A - Building Height (ft)/Stories 35/3 35/3 Side Setbacks (feet) 30 30+ Rear Setback (feet) 30 30+ Lot Coverage (%) N/A - PROPOSED COTTAGES: Largest Proposed Footprint Shown Ground Floor(s.f.) 1,849 Total Square Feet 2,292 Number of Floors 2 Height (feet) 35-2 Stories Type of Construction Wood Frame Use Residential Information for the lot requirements at Edgewood taken from an ALTA/ACSM LAND TITLE SURVEY titled 'Edgewood Retirement Community, Inc. Osgood Street Town of North Andover County of Essex Commonwealth of Massachusetts' dated May 22, 2000 by Merrimack Engineering Services 66 Park Street Andover, MA 01810 and from the Town of North Andover Summary of Dimensional Requirements Table 2 I:\6050\Reports\6050-Exhibit A Table of Compliance-2007-05-04.xis Abutter to Abutter( ) Building Dept. ( .) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subiect Property: MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties map Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 MainStreet,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Berberian 586 Osgood Street,North Andover,MA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Ass !soqffice as of . / Certified by: Date Edgewood Retirement Community,Inc. O• 3977 575 Osgood St, NV North Andover,MA 01845 Check Date: 05/03/2007 TOWN OF NORTH ANDOVER Invoice Description Date Gross Amount Discount Net Amount Paid PRJ REVIEW 05/03/2007 $5,000.00 $0.00 $5,000.00 Detach at Perforation Before Depositing Check Grand Totats $5,000.00 $0.001 $5,000.00 .Faee i`.€rf 1 i MAIMMUMPIMMUMi r N pp1 lil Illi i � � SII III II I'�illill- l it ll�lli�N��l�f��li���� �l�l'll�ll I ign Baer Check Nlo. 3977 1 nbank�lso I� Retirement Comm �illil lu ilji II�� il���ll P�� lll�����lll ilial I�19 {I��IIi Til. Edgew00d R Unity,Zric l,�I li 9i l Ill�l����ll� li�liil��ll� l�il�li��` /0110 ��ih,I�yi e 111111119��, u;m td� 57 Osgood St. J' 05/03/2O07 North Andover,MA 01845 ail iii o ii IIh ISI�e ���u��u — — i �i it I� ul' Ill�h lii I;i it olih Ve) PAY 574e 7l uQQa�sd DdG'C',�Z'S &00�S ii iii I Ill it il4 hl� ii'j, i I i TO THE Town of North andover ly;,, �ill�ilpl yII�I,IIi,Jlllllll;i� ORDER ��III�I'��i� I�I�I,IIII I�glq II 1 odl �I�� �. i' it I �II�I�� iV 11 0 iii iii OF ;01f All illi IJyI ll y II i� ifs I"�' Ill�l�r I�V19��Il�lilu'�I� V 8526 HORIZED SIGNATURE 11'00397711' 1:0 i 1075 L501: B6400065 1 23118 Edgewood Retirement Community,Inc. 575 OsgoodSt. No. 3978 North Andover,MA 01845 Check Date: 05/04/2007 TOWN OF NORTH ANDOVER Invoice Description Date Gross Amount Discount Net Amount Paid 05/04/2007 05/04/2007 $7,429.00 $0.00 $7,429.00 Detach at Perforation Before Depositing CheckGrand Totals $7,429.00 $0.00 $7,42 9:-:G0 7,429.00 : L f"I 1 II 1 1. 1 '1 11 11 1 1 11 1 •1 :1 1 1191 iIIIJ�i :iijI p �i�lli,11'IIIII11i Iii ii II���sa� sign� k nikI Check No3i9l 78 iilij II Edgewood Retirement Community, n 10 I 575Osgood S 05/04/2007 North Andover,MA 01845 i �9h illi, ili'�Il j��✓I��i����,ll -- ��i6 ill ����I ii PI��` ��i I �hlihli�i ��l — = $ 7,42 00 PAY Sea" 74"".d 7oa2'1"dwd?av,,4 74"D6444RS&OD 8"7t7S TO THE Town.of North Andover", ORDER I illi,,, OF 8526 - f>CJ•°-Fi'OR9ZED SIGNiCTURE 1120039 '7811' 1:0 L LO ? 5 L501: 86400065 L 23111' Town Clerk Time Stamp Town of North Andover , ~� ZONING BOARD OF APPEA , `' Filbert P.Manzi III,Esq.Chairman � L f APR � 1 Ellen P.McIntyre.Vice-Chairman f NORTN „� P' 1 Richard J.Byers,Esq,Clerk 2,°.<<``p f4. o Joseph D.LaGrasse 3' b• +_ a CL O m fj David R.Webster Associate Members � _ - « * �r, �llrj; ` Thomas D.Ippolito r o ° � S< € t } Richard M.Vaillancourt 'li 'gA7tP�r' Daniel S.Braese,Esq. 9sSACHuS�� Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing in the Senior Center, 120R Main Street,North Andover, MA on Wednesday the 9'h of May,2007 at 7:30 PM to all parties interested in the application of Edgewood Retirement Community,Inc,575& 549 Osgood Street(Map 36,Parcels 3,17,18, & 19), North Andover requesting dimensional Variance from Section 13, Paragraph 13.5.d.l.of the Zoning Bylaw for relief of right and left side setbacks of the 100' buffer zone surrounding Continuing Care Retirement Centers in order to construct single and duplex cottages. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman Published in the Eagle-Tribune on April 23 & April 30, 2007. Legalnotice 2007-011. M36P3,17,18,&19. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositem any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding 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." Subtect Proaertw MAP PARCEL Name Address 36 3 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 17 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 18 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 36 19 Edgewood Retirement Community 575 Osgood Street, North Andover,MA 01845 Abutters Properties Mau Parcel Name Address 36 7,8&15 Trustees of Reservations 572 Essex Street,Beverly MA 01915 36 20 Edgewood Retirement Community 575 Osgood Street,North Andover,MA 01845 36 24&1 Family Cooperative Preschool 549 Osgood Street,North Andover,MA 01845 36 2 SFR Realty Trust P.O.Box 512 Osgood Street,North Andover,MA 01845 36 16 Donald Ross 18 Stevens Street,North Andover,MA 01845 36 5&6 Nancy Melia 523 Osgood Street,North Andover,MA 01845 Lake Cochichewick Commonwealth of Massachusetts 100 Cambridge Street,Boston,MA 02202 36 4 George Ousler 623 Osgood Street,North Andover,MA 01845 36 21 Town of North Andover 120 Main Street,North Andover,MA 01845 102 5 Raymond Mesiti 526 Osgood Street,North Andover,MA 01845 102 6 Elizabeth Nadeau 504 Osgood Street,North Andover,MA 01845 35 32 Town of North Andover 120 Main Street,North Andover,MA 01845 101 1 Ronald Rudis 588 Osgood Street,North Andover,MA 01845 101 5 Mark Barbarian 586 Osgood Street,North Andover,MAA 01845 101 3 Debra Koulopulos 580 Osgood Street,North Andover,MA 01845 101 6 John Correia 584 Osgood Street,North Andover,MA 01845 101 10 Howard Clayman 578 Osgood Street,North Andover,MA 01845 101 9 Sally Dungan 574 Osgood Street,North Andover,MA 01845 101 8 Pedro Arce 566 Osgood Street,North Andover,MA 01845 101 11 Jeanne Callahan 550 Osgood Street,North Andover,MA 01845 101 12 Sandra Blaeser 1116 Great Pond Road,North Andover,MA 01845 This certifies that the names appearing on the records of the Asse ors ice as of Certified by: ate p q -r A.' -F d Cir:, TOWN OF NORTH ANDOVER VAi PIR . t ZONING BOARD OF ,APPEALS *L1 P !2 Pr "` NAME: l/,,< ADDRESS OF APPEAL: 575" tsyY 0,r&00,0 P " ;, ' f, 1nm`c;erk Time stamp wz��fR Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty (30)days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete. notice for mailing to the parties in interest(abutters) and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO that are underlined NEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL: of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP a: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2: VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the r required in items 1 through and including 11 shall be petition,the Board shall decide on the matter by using completed. the information it has received to date. STEP 3: PLAN PREPARATION: STEP 8: DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch. 40A§ 17,within twenty(20)days after The petitioner requests the Assessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest(abutters). STEP 10• RECORDING THE DECISION AND PLANS. STEP 5: SUBMIT APPLICATION: The petitioner is responsible for recording certification of Petitioner submits one (1)original and ten (10)Xerox the decision, the Mylar, and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 381 Office to be certified by the Town Clerk with the time Common St., Lawrence MA, and shall complete the and date of filing. The original will be left at the Town Certification of Recording form and forward it to the Cleric's Office, and the 10 Xerox copies will be left with Zoning Board of Appeals and to the Building Te Zoning Board of Appeals secretary. Department. ....... .......................................................................... ...... ..> .............:....,..,....,... .I....................... ...... _- ;MPORTANT PHONE NUMBERS: 378-588-9533 Office of Community Dev. &Services :North Andover Town Hall 1000 Osgood Street, 120 Main Street ,77 orth Andover, MA 01845 978-688-9501 Town Clerk's Office [ h8� 86-; Ix for Community Development offices 978.-688-9588 Assessor's Office ,1,78-68P944 'gilding Department All-- -ee�� ming Board of Appeals office PAGE 1 of 4 BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1.121611130 complete all items t-10 below: 1. Petitioner: *Name, *Address and telephone number: Edgewood Retirement Community, Inc. (Attn. Marlene Rotering 575 Osgood Street North Andover, MA 01845 978-725-3300 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: (A) (575 Osgood) Edgewood Retirement Community, Inc (B) (549 Osgood) Edgewood Retirement Properties, LLC Years Owned Land: (a) 11+ years (b) 2+ years 3. Location of Property: a. Street: 575 and 549 Osgood Street Zoning District: R-2 b. Assessors: Map number: 36 Lot Number: 3, 17, 18 & 19 c. Registry of Deeds: Book Number: (a) 4378 Paige Number: (a) 115 (b) 9223 177 'f 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. §13.5.d.1 Perimeter Setback of 100' in a CCRC (Continuing Care Retirement Center) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: See Additional Sheet 5D attached hereto. The above description shall be used for the purpose of the legal notice and decision. A mon detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Faihin by the applicant to describe the request clearly may result in a decision that does not address tine intent of the applicant. The decision will be Iilrnited to dw request by the applicant and will not involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dknenslon(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. See Additional Sheet 6A % B. % r Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC E 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear See Additional Sheet 6B 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear Sec Additional Sheet 6C 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear See Additional Sheet 6D 7A* Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building" of Units*" See Additional Sheet 7A Agriculture - Residential r *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s). 7B, Proposed Building(s): Ground Floor Number of Height Total Use of Number F Square feet Floors Sq.feet Building* of Units" E See Additional Sheet 7B Residential *Reference Uses from the Zoning Bylaw&Table 1. *"State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shalt be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the oning Board of this application as incomplete. Ede o Retirem ommunity, Inc. Ed ew d etirem roperties, LLC Signature: by• 4 , b : C Marlene Rotering, Executive free or Marlene G, oterii g, ana er Type above name(s) here: I I PAGE 4 4F 4 VARiANCE J. WMTTEN DOCUMENTATiON t10. B. 'Plan Specifications: Application for a Variance must be supported by a 1) Size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17', preferred scale of 1"-40' detail all facts relied upon. When requesting a Variance 11) One(1)Mylar,with one block for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only,and one block for five(5) ZBA signatures 8 date. the North Andover Zoning By-laws, all dimensional IM Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. 'Required Features On Pian: stricture. n Site Orientation shall include: B. The circumstances relating to soil condkias,shape 1. north point or topography of such land or structures especially 2. zoning distrid(s) affecting the property for which the Variance is 3. names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district in which the property is located. 5. abutters of property,within 300'radius C. Fads which make up the substantial hardship, 5. locations of buildings on adjacent properties financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions, easements. with respect to the land or building for which the In Legend&Graphic Aids shall include: variance is sought. 1. Proposed features in solid lines&outlined in red D. Fads relied upon to support a finding that relief 2. Fisting features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Fads relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the intent or purpose7 i cS M, owner or record, and land surveyor. of the Ordinance. F. Submit RDA from Conservation Commission when 10 D.Minor Projects Continuous Buildable Area is applied for in ZBA Winor per,such as mks,sheds+and garages, application. shall require only the plan information as indicated with an. asterisk(*). In some cases further information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 1 11. APPLICATK�N FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees:Applicant shall provide a Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover- prior to the public hearing before the Zoning Board of #022-176044841'for the cost of first class, certified, appeals. return receipt($4.64 as of January 2006)x#of all parties in interest identified in MGLA ch. 40A§11 on the A set of building elevation plans by a Registered abutter's lis for the legal notice check. Also,the Architect may be required when the application applicant shall supply first class postage stamps involves new construction/conversion/and/or a 'currently 39$)x'the#of parties of interest on the proposed change in use. abutter's list for the decision mailing. 11. 0. Mailing labels:Applicant shall provide four(4) 10. A. Major Projects sets of mailing labels no larger than 1'x2-5/8'(3 copies Major projects are those, which involve one of the for the Legal,and one copy for the Decision mailing). following whether existing or proposed: 11.C. Applicant shall provide a check or money order I)five(5)or more parking spaces, to: 'Town of North Andover"per 2005 Revised Fee ,. 11)three(3)or more dwelling units, Schedule. IIn 2,000 square feet of building area. > A Variance once granted by the TBA will lapse in Major Projects shall require,that in addition to the 14B& 1 (one)year if not exercised and a new petition must 14C features,that the plans show detailed utilities,soils, y"e submitted. 4 and topographic information. EDGEWOOD RETIREMENT PROPERTIES, LLC C/O EDGEWOOD RETIREMENT COMMUNITY, INC. 575 OSGOOD STREET NORTH ANDOVER, MA 01845 (978) 725-3300 April 12, 2007 North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Variance Petition for Setback Relief Petitioner: Edgewood Retirement Community, Inc. Property: 549 Osgood Street,North Andover, MA (Map 36, Parcel 17, 18 & 19) Owner: Edgewood Retirement Properties, LLC To the ZBA: This will confirm that Edgewood Retirement Properties,LLC ("Owner") is the record title Owner of the above-referenced Property; said Property is a portion of the land which is the subject of the Variance Petition brought by Edgewood Retirement Communities, Inc. ("Edgewood Retirement"). The Owner hereby authorizes, and confirms its authorization to, Edgewood Retirement to file the Variance Petition for the Property, in as much as Owner will be transferring ownership of the Property to Edgewood Retirement upon successful completion of the permitting process (which had started earlier this year with the Conservation Commission, is now before the ZBA, and will continue through the Planning Board for Special Permits, and the Conservation Commission for an Order of Conditions). This will further confirm that the Owner is the 100% subsidiary of Edgewood Retirement. For the sake of convenience, title to the Property when it was purchased from Mr. Rogers in 2004 was taken in the name of Owner,due to the fact that Edgewood Retirement's expansion plans were only just then beginning to be formulated. As can be seen by this filing, the Expansion Plans have coalesced into the current Program only after a careful, methodical consultation with Edgewood Retirement's resident community and various Town of North Andover Boards and Officials. Should you have any questions, require any further information about this matter,please do not hesitate to contact me, or the attorney for Edgewood Retirement and for the {14327\77611\A0132447.1) Owner, Attorney Robert W. Lavoie of Devine Millimet& Branch, P.A. located in Andover MA who can be reached at 978 475-9100. Very truly yours, EDGEWOOD RETIREMENT PROPERTIES, LLC Marlene Gj Rotering, Manager {14327\776111A0132447.1} APPLICATION FOR A VARIANCE Petitioner; Edgewood Retirement Community, Inc. Additional Sheet 5 Description of Variance Request Petitioner respectfully request a variance from North Andover Zoning Bylaw Section 13.5.d.1 (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of 6 buildings (containing 9 units) which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center(CCRC)), as follows Unit Required Provided Variance Requested G_-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G_-4 100' 54' +/- not to exceed 47' G_-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 51' +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' {14327\00002W0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community,Inc. Additional Sheet 6A Difference from Zoning Requirements Perimeter Setback of 100 feet required. Provided: Less than 100 feet, as shown on the attached plans and as detailed below Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 5 F +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' {14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6B Existing Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6C Proposed Lots The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {14327\00002\A0132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6D Required Lot The only dimensional variance being requested is from the 100 foot perimeter setback under the CCRC Zoning in Section 13. {!4327\00002\AO 132435.1} APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 7A Existing Buildings There are a number of pre-existing barns, agricultural buildings and two single family dwellings, and one 3 family dwelling currently located on the Property, all as shown on the accompanying plans. {14327\00002\A0132435.1) APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community,Inc. Additional Sheet 7B Proposed Buildings Under Section 13 on continuing care retirement center, a total of 27 additional dwelling units consisting of Independent Dwelling Units under Section 13.3.c are proposed to be constructed. Nine (9) of those units located in a total of 6 buildings will not be able to meet the 100 foot Perimeter Setback under Section 13,5.d.1. All buildings will comply with the 30 foot setback requirements of the underlying zoning district, which is an R-2 District. The Variance requested is as follows: Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 51' +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' (14327\00002\A0132435.1} NOTES:* /\ l 1. THE INTENT of THIS PUN IS TO show THE � \w// OVERALL PROPERTY Nitsch Engineering j I , 2. BASE PUN COMPILATION OF ON—THE—GROUND I SURVEYS. SEE THE SURVEY PLANS FOR EXISTING 1 I CONDITION% PROPERTY LINE INFORMATION AND twueRreat>�seo 7 I WETLAND DELINEATIONS. � -m ! 3 wm WETLANDS MERE DELINEATED BY WETLANDS FR+n i PRESERVATION INC. ON AUGUST 2OOS AND NOVEMBER 2001. .ursnaft I 4. PROPOSED COTTAGES: 27 :p 801 -PIN" a SHEETS C-3 AND G4" y --^." Ur \ O ` 1A I PRWRCTR 4050 I PR8(O>OIDAOVOALLAV SCN&I-ion MR ePRR I',2007 tH OFy� PRoxamR SNB $MuxAPls�W..sv STEVEN �� CF@GRFDHY:sen .. Y VENTRESCA CIVIL SCA E, N N0.9687 1'=300' c 300 150 0 300 600 imm f v , INN aev .k v, - NOTES: PROPOSED N 1. THE INTENT OF THI S PLAN IS TO SHOW THE AREA COTTAGES OF WORK IN THE 28 FOOT NO DISTURBANCE ZONE. Nltsch Engineering 2. BASE PLAN COMPILATION OF ON—THE—GROUND .r. SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, PROPERTY LINE INFORMATION AND l*Lm*9bKsm 10 WETLAND DELINEATIONS. F.rr w onn alm 3 PRESERVATION ERVA IONINC.S ON AUGUST DELINEATED 8Y WETLANDS 2006 NOVEMBER �� 200& �In68uMiM7 r' 4 x 4. PROPOSED COTTAGES: 27 18/aa0M1 8wkr X10 NUM 3. AREAS SHOW WORK IN - THE 25 FOOT NO f O CD DISTURBANCE ZONE WORK IN 25 FOOT _ NO TOUCH. xs REMOVE EXISTING «+ GRAVEL DRIVE EXIST BER m a ' EXISTING GARAGE TO BE REMOVED _ v vADE" PRS' g-Br FROWTO u IM78 APRIL 11 2009 '�I c o u e� STEVEN tiG . •. - I �< duereuer sv Y VENTRES ^' _ 00 ' c��ecaeo Rn snu 2 U a' 4f:pI F• No.46872 sz 40 20 0 40 80 ,f r EXISTING B RN TO -2 ` �NN s� BE RENOVA D ROADWAY/SAFETY IMPROVEMENTS EXISTING BARN TO ''- Nitsch Engineering BE REMOVED. TO EXISTING ACCESS ROAD -._. ws�.r�.�-wao0 ,: ,_ _ . _ EXISTING GARAGE TO BE REMOVED —�i� .1: �. �� . . Fmn»az -,_ e x- ` � a5T. .. Lu r till s to rc sope W w rr_ PROPOSED COTTAGES �XIsjIN� m E KERS \ )(IS "�. —sz CAR USE �\ I-A y NXT�NC I,A��IS41 BAR 2 GOII NOSNofy�_ EN V II No 4 872 mo�cr,e x Cl A\ YeIFA Fxo�«WALL ^4 12 Y YaRa !� Z 25 \ M®L SAB NOTES: (}IFR®BY.SAB t. THE INTENT OF THIS PLAN IS TO SHOW THE AREA OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. 25./25 SHEFI 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS, SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, C-3 PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 1"-40' 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. ''''"''� 40 20 0 40 80 4. PROPOSED COTTAGES: 27 '"�....:r' THEU25DFOOT NO AREAS WORK IN DISTURBANCE ZONE 3ors RIN `f EXISTING BARN TO --.. NR1lo Engineering { BE REMOVED. 2S —�. 100 FT BUILDING sz— •u—.sa—.s:—v--�'—zs �'—zs• _ ,,,,,�iveiu.«„ SET BACK EXISTING GARAGE TOr�ns eeeuAeereaw BE REMOVED r c so tpl) r-m?) M .� PISOP � zsa Y�IDE ROADWAY WOE ROAD Y v > c ,-P, � � � �• Op, 18 4t o µ ►* h H- N ca Ra f Z '"^4y t� `e* .Vwu S'* ] } a.,, £t�• .i aJA_+ £e*.1 �`{" IA.WN _." �,, ,.ms'✓" i� .i,,,'..�` v ro v *sac _._.aatr o. , :ire PA pA(1 m W PA'10 _ PASO St ld s� (10 " PROPOSED COTTAGES �P $ e Z Q g L'SXISTVNG ISjINGy .. sz-- a sa—•sz1.. .,.. �� EX TO S �ytKOF STEVEN VEMESGA- CIVIL PRO=#.50 "i •\ ` No.46M ma aeJ�.eexsonw NOTES: � l. CHBC'Y8D8YsAN 1. THE INTENT OF THIS PLAN IS TO SHOW THE RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THEye - ys� ,,.., � Sl if[T PROPERTY LINE SHOWN HEREON. SCALE: CA 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, 1"=40' PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 40 20 0 40 $0 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. 4. PROPOSED COTTAGES: 27 Of 5 REV NOTES- THE INTENT of THIS PLAN IS TO SNOW THE R Z Nitssch Engineering ± RELATIONSHIP BETWEEN THE PROPOSED COTTAGES 1O THE PROPERTY UNE SHOWN HEREON. 2. BASE PLAN COMPILATION OF ON—THE—GROUND , lwuw%ft"s = SURVEYS. SEE THE SURVEY PLANS FOR EXISTING kMML W 011-M CONDITIONS, PROPERTY UNE INFORMATION ANDgo rletnargpy WETLAND DELINEATIONS. F pvNtsaa PROPOSED 3. WETLANDS WERE DELINEATED BY WETLANDS Uop FA COTTAGES PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER COTTAGES 2006. — �� Pbmft 4. PROPOSED COTTAGES: 27 6. 9' 2 6' PATIO PATIO PATIO SET a - 100sxCK 14 FT WADE FIRE ACCESS 14 FT WADE ACCESS g2 f .._' _ - ✓-'; �.,: k it ,„ sa't ts wn�ecrw aow t ,: a., Mx � PATIO PATa� `' PATIO PAT10__ �S"OF 4 ' DAR sAB 12 200 PPpR(.TY®.SAD STEVEN cS wavey DW Y VENTRESCA Dy,S\ CIVIL caFixmar„� No.46872 SUEE1 c f� SCAT F ::. - 40 20 0. 40 80 'r .. C—5 5 OF j RFV. Elevations and Floor Plans NOTES: 1. THE INTENT OF THIS PLAN IS TO SHOW THE OVERALL PROPERTY. Nitsch Engineering I ' 2. BASE PLAN COMPILATION OF ON—THE—GROUND 1 SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS. PROPERTY LINE INFORMATION AND 1MLYm1R6Rnf SWr7Ro !, !f WETLAND DELINEATIONS. eadl w�orn woe / � rinnsmea 3. WETLANDS WERE DELINEATED BY WETLANDS Fls�nassern 1} PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER R 2006. Chop. MO ^Lim s 4, PROPOSED COTTAGES: 27 86S9rdeRR l' SHEETS C-3 AND C-4 cc 99 z Q I of n O W 04 \ 1 �I iFl b S Il I} ��. I 198'l�B.IOYRAlLOFG SCAB' iC.I ' DA71h APRIL 12.2W7 SAO auRVEM. IV STEVEN mer:sns CA YEN I I:Y3 GSHEET: IL SCALL No. 1"-300' C 150 0 300 600 o I OF 5 REV OTTE ►� s �t AR - �d►P ■1 — 99�,i� �tLL�� � ,, fv c"�► Y e - l ► r NOTES: -I ROPOSED Pt. THE INTENT OF THIS PLAN IS TO SHOW THE AREA 1 COTTAGES OF WORK IN THE 25 FOOT NO DISTURBANCE ZONE. Nitsch Engineering 2. BASE PLAN COMPILATION OF ON—THE—GROUND ,\ SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, PROPERTY UNE INFORMATION AND true.rneetweloo WETLAND DELINEATIONS. loft VA CM11-M / / 3 WETLANDS WERE DELINEATED BY WETLANDS r:ptp ON Nn y- PRESERVATION INC ON AUGUST 2008 AND NOVEMBER 4. OPOSED COTTAGES: 27 `T HO. CLOUDED AREAS SHOW WORK IN U- THE 25 FOOT NO DISTURBANCE ZONE ao WORK IN 25 FOOT r NO TOUCH. REMOVE EXISTING GRAVEL DRIVE EXIST softBE R EXISTING GARAGE TO , BE REMOVED rA �, • �. �,'_'� ---�' , .- ,���f WAY ._.__ _ ,+4 PROP_• _ .. - . - .. ApLI3IM? a d _ tit ,,OL fes, 'yF'' 0'44. d DFAlImW:Ry ;'.� ...,�•.., .rc:,`., STEVEN ., ` y'- •../>w^� w sy?+"' fir"'" _.., aro®en sen goo SFIfI?T: SCALE* No.48872 \ ss sr\ j 40 20 0 40 80 '� fr EXISTING B^ �' RN,,,Td i ,Q i \ C-2 \q K, BE RENOVA �XISZING X15-T G `$ ea i r Fi :OF.% REV. I FF (. * $'i t'. `1 •y Y .... 2 ry r t 'x i S "5 ... �*. zyy'Sra : x F "+S�x.t e*a'L�' -sn•1 # •4_. {9 Y. , FY Y - s r ' v, o c lal "t a' �^P.. S r S ;+a, .. e ! .�•�dd;r� .z'x 3i,...�`.a, R`y°•-'Yj".;a .,v !.f k r a.a,k ,Y r x*Y r f g„ �• 'ai 3' .' {,,F.y. s q '�' �u...t r`Sar *'�..1 .:�A i xe z ;i4t S k ..t KWh 5 �. .P'Y"N F D f'ir4 4 1. yy,tt.f' '!C 5Y t",X $ x�Y.z',i7.+i"z3 °Y•Ayr S,z ca+yxi °fr15 Am Jy"}'a; G'x ''#.Sy �yr G Sig-j:•b11 d' S lz e °s rr -c y, fi a.�,T�AN` NRI. A C a h i ><s t .. fr�,•;^^a '.ate.+ < i f! ,A"A;'' Fr,r +'2' 4 t T Owl: ..b'"L•f.�'` s.{�,'a �,} s� .,I'is`� P e; T\ �4 uar!r�.,3• !rx*�z :�i" � s k ``i Y7 v � >,t°k 3. x '' 1" \ 2 •Yn. i 1. } t 4 s 1 16. EP 9 t t y 1 r {v x I a tiri +r b+ t�.! x�rr rµ - 2 •' i .. �s� SSM +Y... jt '�2 '�s• 3 S� s.- a, �,�, d. `x+ -r r z. 1 � •F�.,�+,x �� r' w � i Tp6 N } c� 5--r j s�-.d. •b +'h�"-fn,��"rS '�,V4 trr., ��, s 6 !- t 3 s .s h x 'ti"r rs - z F f J. z k a `ti1Yi01 .f °ti. i� t•�x .{!S. t f .. y Parcel G: Looking North Scale:N.T.S.(not roscale) 3D.G .. „. E.R.C. Cottages & Barns 0706.00 4,2.0; EXISTING BARN TO Nitsch Engineering BE REMOVED. a __as —n•—_�. S 8 100 FT BUILDING u—•�— u�r n — n• _ SET BACK EXISTING GARAGE TO twueroo3r rsraoo BE REMOVED boom.W omit JAM Ladft - E ROAD . Ln cri rV _ /� lot I co x• 1 - z r t PASO PASO PAnO PPnO two 96 x PROPOSED COTTAGES i CARET7a USE cry v BU, 2_ \ — H4 f vo PjkMIA EX1�NG 1N - 1 O •\ _ \.. \.._... �\� 4 • • • to I •cxos VENTRSSCA .� .4 a tWIBLTS�,So ►a.a6 97z / ! �yy� V'T lROMTM011:3AB Y/ �m®w:sm i APRIL iz.zom NOTES: ��.,_ .__-. .-_--- nturttmsr•sv I. THE INTENT OF THIS PLAN IS TO SHOW THE RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THE av / h PROPERTY UNE SHOWN HEREON. sneer. = SCALE: I I 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS. + s PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 40 20 O 1 X40 40 so4 3 WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2008 AND NOVEMBER 2008. 4. PROPOSED COTTAGES: 27 4 oe s Rev. 0 _ N is 0 _ Q�U�DE�G r�Ct /'Y- �IOAND$30 E o r j6A s m T m , C CES J:i as o 9 � F r r � y CL A tl y. 5 t. uiR t '� } S 5 ,�S4•F� 4't t'"`} : 1 :;� '} -, � a < �y l' �h 4 moi{" J• 2a �. a � r J ry t t �# t Y ♦ A i 1S ...kt �'l' t s'! _;P f `' �# K'- t•re .: tr uk; `�E k i-.f.�� 4 3 ? t t r i 7. 7 t i t Y 3 `• -. L "� k t ---------- JIM NOTES' 1. THE INTENT OF THIS PLAN IS TO SHOW THE Nitsch Engineering it RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THE PROPERTY LINE SHOWN HEREON. Z BASE PLAN COMPILATION OF ON-THE-GROUND ll$u=ks"&ftmo SURVEYS. SEE THE SURVEY PLANS FOR EXISTING Boom&mh omll-m CONDITIONS, PROPERTY LINE INFORMATION AND 90 WETLAND DELINEATIONS. F.(fA)lKN71 PROPOSED WETLANDS WERE DELINEATED BY WETLANDS %d roubmeft PRESERVATION INC. ON AUGUST 2008 AND NOVEMBER COTTAGES "A :Lvda 2006. r :oe"we 4. PROPOSED COTTAGES: 27 2! MR 24 2v sPATIO PATIO PATIO o mw - go k owk ow- 100TSEV aNpG cy, kuZ if 14 FT VADE FIRE ACCESS 4m 14 FT VADE ACCESS 69'± w PATIO PATIO D Am WAM mtc AMIL 12.2.7 $A. VBITRESCA DWIBDHY:Sy N.. X6672SKEFT: 40 20 Q 40 80 C-5 50P5 REV ............- ....... , r i I 1 i l ' o� ch -4 s �L Floor Plan 1974 SF Cottage :,,e•=,�� A 1 .,. �. E.R.C. Cottages & Barns °''r �r 070.E 4,3 2.0; MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE Petitioner: Edgewood Retirement Community,Inc. - Property: 575 and 549 Osgood Street,North Andover, Massachusetts ; _ Introduction Edgewood Retirement Community is a "CCRC" (Continuing Care Retirement Center) originally, approved for 250 units. At the present time, 219 Congregate Housing Units contained-,;6thin several apartment style buildings have been constructed, with permission to add up to an additional 31 units. These 31 additional units would already comply with all density requirements and could be constructed at any time. In 2004, in cooperation with Sam Rogers (whose family has owned Edgewood Farm for a long time) and the Town of North Andover, Edgewood Retirement worked to acquire the remaining 19 acres of Edgewood Farm at a substantial cost. This 3-party cooperation resulted in 10 of the most critical acres (from a visual and streetscape point of view) being permanently preserved as open space which includes the 2 large barns closest to Osgood Street. Even though Edgewood Retirement, without adding_any additional land, is able to add 31 additional units, Edgewood Retirement at no small expense, added 19 additional acres, and is proposing only an additional 27 units (rather than the 31 units which could already be built under the density standards previously approved). This current proposal is a way of completing and rounding out the housing diversity in this CCRC. Presently, the only housing type constructed to date is Congregate Housing Units, of which there are currently 219 constructed. The 27 new units will be "Independent Dwelling Units", which under North Andover's Zoning By-law must consist only of free-standing buildings which contain up to 5 dwelling units per structure. Again, the current proposal to add 27 "cottage" units is the universally preferred method of providing an appropriate "cap stone" to this remarkable CCRC. The Zoning Relief requested relates solely to the 100 foot Perimeter Setback in 2 limited geographical areas abutting permanently restricted open space adjacent to the Town and to The Trustees of Reservations (the holders of Edgewood Retirement Community's 2 permanently restricted open space areas). It is clearly not an attempt to maximize density by shoe-horning units in locations that are not appropriate. I Rather, owing to the shape, size, soil conditions and topography of the land, combined with a consistent and proven desire to preserve the existing Edgewood Farm streetscape from Osgood Street and to maximize open space has all led to the current proposal to place a very small number of buildings (6) within the 100 foot Perimeter Setback (as noted, being in locations { 14327\00002\A0132438.1) directly adjacent to permanently restricted open space (owned by the Town and by the Trustees of Reservation). It is critical to note that the 27 Replacement Cottage Units conform in all respects to the Dimensional Requirements of Section 7 relative to the underlying R-2 Zoning of this land. It is only from the strict enforcement into 2 small areas that Variances are being sought from the 100 foot Perimeter Setback established under Section 13.5.d.1 of the Town's Zoning allowing Continuing Care Retirement Centers (CCRC's). Discussion 1. Edgewood Retirement Community, Inc. is currently a Continuing Care Retirement Center (CCRC) originally approved in 1989 and constructed beginning in 1995 as authorized by permits granted by the North Andover Planning Board under Section 13 of the North Andover Zoning Bylaw. A total of 219 Congregate Housing Units have been constructed. A total of 250 units were originally authorized under the Permits, but the Petitioner has refrained from constructing the last 39 units. Due to changes in the market, the Petitioner currently seeks to construct a total of 27 additional Independent Dwelling Units which under Section 13.3.c may consist only of free standing buildings which contain up to 5 dwelling units per structure. 2. The Main Parcel consists of Assessors Map 36, Parcel 3 designated as 575 Osgood Street (the "Main Parcel"). In 2004, an additional 19+ acres were purchased from Samuel Rogers (the "2004 Parcel") comprised of Assessors Map 36, Parcel 17, 18 and 19 designated as 549 Osgood Street and otherwise known as Edgewood Farm. 3. The 2004 Parcel was purchased in the name of the Petitioner's wholly owned subsidiary, Edgewood Retirement Properties, LLC. As part of the Permitting Program, the Petitioner will be deeded the 2004 Parcel by its subsidiary, thus unifying ownership in the name of Petitioner. 4. The underlying Zoning District is the R-2 Zoning District, which requires setback (sides, front and rear) of 30 feet. Section 13 requires that CCRC's have a 100 foot Perimeter Setback which the currently constructed buildings adhere to. However, in order to accommodate the various Site Constraints, 6 buildings containing a total of nine (9) units need to be located within the 100 foot CCRC Perimeter Setback. The basic justification for seeking the Variance consists in the simple fact that such Perimeter Setbacks are (and all zoning setbacks) are intended to provide a proper degree of separation between adjoining landowners and their various uses. 5. In the current circumstances, all of Petitioner's land abuts land that has been placed in permanent Open Space Status by duly recorded Conservation Restrictions. As such, there is no legal possibility that structures or any other uses beyond Open Space Uses will ever be constructed within 100 feet of any of Petitioner's proposed buildings, including without limitation the 6 Buildings for which this Variance is applied for. 1 14327\00002\A0132438.1) 2 6. The plans submitted with this Application show the current conveyancing lines separating the Main Parcel owned by Petitioner from the 2004 Parcel (currently standing in the name of Petitioner's Subsidiary). As mentioned above, this internal dividing line will be rendered immaterial once the Deed into Petitioner is recorded at the conclusion of the Permitting Process. Any dimensions shown on the Plans indicating setbacks from the Internal Boundary Line between the Main Parcel and the 2004 Parcel are simply for reference purposes only. 7. With respect to density, no relief whatsoever is being requested in this Application. Section 13 establishes a maximum number of 250 units in any CCRC; 219 units currently exist, and the Petitioner will be applying to the North Andover Planning Board for 27 additional Independent Dwelling Units, bringing the total onsite to be 246 units. 8. Sheet 1 of the Christiansen & Sergi Variance Plans shows 11 cottages, designated as the H Series Units designated as H-2 through H-12. None of the 11 cottages shown on Sheet 1 require any type of zoning relief. 9. Sheet 2 of the Christiansen & Sergi Variance Plan shows 7 cottages in the G Series designated as Units G-1 through G-7. These 7 units are located in 4 separate buildings, and each of the 4 buildings has been located closer to the northerly boundary line (separating Petitioner's land from the land now or formerly of Family Cooperative Pre-School being Map 36, Lot 1). As shown on Sheet 2 of the Plans, a variance from the 100 foot Perimeter Setback of Section 13 is required in order to allow these 4 buildings containing the 7 units designated as Units G-1 through G-7 to be constructed. The Petitioner's land comprises an odd strip of 150 feet of land sandwiched between 2 wetland areas which hamper Petitioner's ability to comply with the 100 foot perimeter setback of the CCRC requirements. However, all of said buildings comply with the underlying 30 foot setback of the R-2 Zoning District. 10. The additional Variance Plan submitted by Merrimack Engineering showing the southerly portion of the Main Parcel indicates that 2 of the buildings comprising a total of 4 units likewise cannot meet the 100 foot Perimeter Setback. Again, Petitioner's land adjoins land permanently restricted by recorded Conservation Restrictions and owned by the Trustees of Reservations. Again, it will be impossible for any other structures to be located within 100 feet of the outside wall of Petitioner's 2 buildings. The Petitioner respectfully submits that the central purpose of any setback, including the 100 foot Perimeter Setback for CCRC's, is to maintain a proper degree of separation between adjoining property owners and land uses. 11. Required Documentation Supporting the Variance: MGL c. 40A, and North Andover Zoning Bylaw Section 10.4 require that all Petitioners satisfy the legal requirements in order for the ZBA to grant any requested variances. Consequently, the Petitioner respectfully submits the following: A. Proposed Use: As noted above, the Petitioner intends to complete the CCRC which was originally constructed by Petitioner in stages. To the current total of 219 units, the Petitioner proposes to add an additional 27 units, which at 246 total units will still keep Petitioner under the 250 unit maximum. {14327\00002\A0132438.1) 3 B. Hardship Circumstances: As can be seen from the Plans, and an inspection of the Property, the Petitioner's land has soil conditions, shape, size and topography problems which especially affect the Petitioner's property which do not affect generally the zoning district in which the Property is located. In particular, the Petitioner's use as a CCRC is unique within the R-2 District of the Osgood Street neighborhood, with the vast majority of surrounding land uses being dedicated to Open Space owned either by private conservation group such as the Trustees of Reservations or the Town of North Andover itself. The whole purpose of Petitioner acquiring the 2004 Parcel was to accommodate and cooperate with the stated goals of Mr. Rogers and the Town of North Andover to preserve as much as possible of the original streetscape of Edgewood Farm as it appears from Osgood Street. As Edgewood Farm developed over its long history, various portions of the Farm have become wetland areas in order to accommodate the hillside drainage flows necessary to establish and support agricultural uses on Edgewood Farm over the many centuries. C. Substantial Hardship: A literal enforcement of the applicable zoning district (100 foot Perimeter Setback) would create a substantial hardship, financial and otherwise, to the Petitioner. In order to financially justify the large dedication of Open Space, as well as to refurbish and perpetuate the 2 existing barns located on the Restricted Area of the 2004 Parcel, Petitioner is severely limited in locating the additional 27 units, and even with the additional 27 units the Petitioner will not be building the Property out to its maximum capacity of 250 units (the Petitioner's project to be a total of 246 units by adding the proposed 27 units to the currently existing 219 units). D. Relief is Desirable and Not Detrimental to the Public Good. As noted above, Petitioner and Mr. Rogers, in order to preserve and perpetuate the area where the 2 large barns visible from Osgood Street, carved off approximately 10 acres of the 19 acres remaining in Edgewood Farm, thus limiting the areas where Petitioner could locate the additional units. Petitioner's other land will be the subject of an Application to the Planning Board seeking modification of the CCRC permits to allow other CCRC uses (8 additional beds to the 45 bed skilled nursing facility, as well as the addition of a social day program area and alternative dining space, along with expansion of the wellness and physical therapy areas). The variance requested will provide desirable relief in that the Petitioner will be able to refurbish the 2 barns, and thus preserve the streetscape from Osgood Street relative to Edgewood Farm. As noted throughout this Petition, Petitioner's property is surrounding by existing permanently restricted Open Space, for which Petitioner Use's are quite compatible. E. Consistency with Intent and Purpose of Zoning Bylaw: The central purpose of Section 13 in allowing CCRC's within the Town of North Andover is to provide diversity of elderly housing, while preserving large areas of open space. Petitioner's proposed additions, which will be supporting by the requested Variance, will not nullify or substantially derogate from the intent or purpose of the North Andover Zoning Bylaw. F. Conservation Commission RDA: The Petitioner applied for and received its RDA from the North Andover Conservation Commission, which approval has become final. {14327\00002\A0132438.1) 4 Conclusion For the foregoing reasons, Petitioner respectfully request that the ZBA grant the variance from Section 13's Perimeter Setback requirement of 100 feet, as shown on the Plans filed with this Petition. Respectfully Submitted, Edgewood Retirement Community,Inc. By its Attorneys Devine Millimet& Branch, P.A. Robert W. Lavoie, Esq. 300 Brickstone Square Andover, MA 01810 14327\00002\A0132438.1 } 5 EXISTING TING BARN TO _.._. '- -. Nitsch Engineering BE REMOVED. 23 _n 100 FT BUILDING u—•u—•�—.� n Es — es• �• r..� SET BACK EXISTING GARAGE TO �— • 1l OIOEEIskk9ft2W BE REMOVED eneaw02111-Mot� `�`. ... T..Om=on x_ --PROP. Z ROADWAY ; r ` ` 18 WIDE ROpDWpY 0: µ C µ "--'-t ' ..-- _�..� � •' 3-- = s„ 'r� .rte-._..,�_-.. _ •w,�.. _ N ' x > 2 Ot N• 4�. � � rr to 3 CE soft , ow > ppZ10 Pp110 u'1 i PROPOSED COTTAGES o M. X15 G \ ISS1N0 O a t CAREUSE '`a\ gU1LDl � - 5 gV\5 ` BpRNr 2 \ 0 NO �y<HOF CO ' �� \ I S7EVEM VEMESCA- CIYIL nWxr�wso Q 2Y•'SES' /� 48M1�D16CTM�:SW�>mA.t Lqp i \ rA v T DAM NOTES 1. THE INTENT OF THIS PLAN IS TO SHOW THE RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THE .i sKecT. PROPERTY LINE SHOWN HEREON. -a SCALj 2. BASE PLAN COMPILATION OF ON-THE-GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS 1• �, PROPERTY LINE INFORMATION AND WETLAND DELINEATIONS. 40 20 0 40 80 C-4 ; 3. WETLANDS WERE DELINEATED BY WETLANDS PRESERVATION INC. ON AUGUST 2006 AND NOVEMBER 2006. i 4. PROPOSED COTTAGES: 27 <Oes aev. 7 NOTES. 1. THE INTENT OF THIS PLAN IS TO SHOW THE ///Nitsch Engineering RELATIONSHIP BETWEEN THE PROPOSED COTTAGES TO THE PROPERTY LINE SHOWN HEREON. 2. BASE PLAN COMPILATION OF ON—THE—GROUND SURVEYS. SEE THE SURVEY PLANS FOR EXISTING CONDITIONS, PROPERTY LINE INFORMATION AND Tl-fof?)nl�m tem WETLAND DELINEATIONS. p.(#1?)mq4m PROPOSED 3. WETLANDS WERE DELINEATED BY WETLANDS COTTAGES PRESERVA7M INC. ON AUGUST 2006 AND NOVEMBER 2006. 4. PROPOSED COTTAGES. 27 6+ 9x •�9WSnNaM wo 2! 90 4ft IRA- lo' PATIO PATIO" y PATIO _PATIO 13 100 SEI BACK cd 14 FT WIDE FIRE ACCESV#0 -W-i D ACCESS rp� K 691* k7lo K Z, " PA grEVEN �VENTR68CA CIVIL SHEET. RCAJ FNo 80672: 40 20 40 so ,0-. C-5 L I 5oF5 REV, t 1 i i EDGEWOOD RETIREMENT PROPERXIES,LLC C/O EDGEWOOD RETIREMENT COMMI_Jlq`i<'``lY, INC. I 575 OSGOOD StREET NORTH ANDOVER,IBCA 01845 � (978)725-3300 i i Aril 12.,2.007 . l l North Andover,Zoning Board of Appeals 120 Mainz Street NGrth Andover,MA 011145 Variance Fetation for Setback belief a Petitioner: Edgewond Retirement Community,Inc. Property: 549 Osgood Street,North Andover,Mrd (Map 36, Parcel 17, 18 & 19) t Owner: Edgewood Retirement Properties, LLC s `Jothe ZB t This will confirm that Edgewood Retirement Properties,LLC{"OlN er")is the record t title Owner of the abov referenced Property said Property is a portion of'the land which is the subject of the Variance Petition brought by Edgewood Retirement Conununities, 3 Inc. ("Ex gewood Retiternent"), t i The Owner hereby authorizes,and confirms its authorization to,Edgewood Retirement to file the Variance Petition for the Property, in as much as Owner will be transferring ownership of the Property to Edgewood Retirement upon successful compiction of the j permitting process(which had started earlier this year with the Conservation Commission,is now before the ZBA,and will continue through the Plamung Board for Special Permits,mid the Conservation.Commission for an Order of Conditions). g This will further confirm that the;Owner is the 100%subsidiary of`Edgtwood Retirement. I"or the sake of convenience,title to the Property when it was purchased 1'otn Mr.Rogers in 2004 was taken in the name of Owner, due to the fact that Edgewood Retirement's expansion plans were only just thein heghu-ting to be formulated. As can be seers by this filing,the Expansion flans have coalesced into the current Progrrarn only . alter a careful,methodical consultation with Edgewood Retirement's resident community Y and various Town ofNort,h Andover Boards and Officials. Should you have arty questions,require any further intforniation.about this matter,please do not hesitate to contact me,or the attorney for F gccwood Retirement and:for the If to a 114327\7761 M0132447A) i t Owiier,Attortley Robert W. Lavoie ofDevint Millimot& Branch,Y.A. located in Arzclrrwr, IAA who can be reached at(978)475-9100, Vere truly yours, EDt.,EWOOD RETIREMENT PROPERTIES,LLQ,` ff 11 ly Iwlarierae r,tterin,g,Manager 1 t i a i i a a 3 4 1432•A7761]\A(,1132447.1) 9 p1 d 8K 9223 PSG 177 QUITCLAIM DEED 1, SAMUEL STEVENS ROGERS,having an address of 575 Osgood Street, #3301, North Andover,Massachusetts(the"Grantor"),for consideration paid and in full consideration of Nine Hundred Fifty Thousand and 00/100($950,000.00), grant to EDGEWOOD RETIREMENT PROPERTIES, LLC,having an address c/o Edgewood Retirement Community, Inc., 575 Osgood Street,North Andover,Massachusetts(the"Grantee"),with QUITCLAIM COVENANTS,the following parcels of land and improvements thereon located on the easterly side of Osgood Street,North Andover,Essex County,Massachusetts: Lot 7 on a plan by Harry R. Feldman, Inc. entitled"Plan of Land No. Andover,Mass." dated April 11, 1989 and recorded as Plan No. 11656 with the Essex North Registry of N Deeds. As set forth on said plan,Lot 7 contains 2.2 acres. Parcel A on a plan by Robert M. Gill&Associates, Inc. entitled"Compiled Plan of Land in North Andover,Massachusetts"dated June 7, 1990 and recorded as Plan No. 11813 m b with said Registry of Deeds. As set forth on said plan,Parcel A contains 14.96 acres. a rn C= Lot 2A-1 on a plan by Robert M. Gill&Associates,Inc. entitled"Compiled Plan of La Z in North Andover,Massachusetts! dated July 5, 1995 and recorded as Pian No. 12724 with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area o¢� 93,945 square feet(which includes Lot 2A-2 containing 1,297 square feet; and Lot ZA3�= ,D containing 128 square feet). n 0rn W The parcels are conveyed subject to and with the benefit of all rights,easements,covenants, � s O restrictions, agreements and other matters of record,to the extent the same are in force and applicable, including,without limitation,that certain License Agreement dated April 24,2000 and recorded with said Registry of Deeds in Book 5768,Page 281. 0 For Grantor's title to the above,see the following: cap Deed dated June 14, 1984 from The First National Bank of Boston, as trustee,recorded at Book t 1826, Page 134 [as to portions of Lots 2A-1,2A-2,2A-3 and 7]. ' Deed dated March 18, 1985 from The First National Bank of Boston,as trustee,recorded at Book 1948,Page 170 [as to a portion of Parcel A]. Deed dated October 22, 1986 from The First National Bank of Boston, as trustee,recorded at Book 2363,Page 306 [as to portions of Parcel A and Lot 7). Deed dated April 24,2000 from Michael L.Kettenbach,recorded at Book 5768,Page 221 [as to portions of Lots 2A-1 and 2A-2). DEVINE,MHI MET &BRANCH PROFESSIONAL ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 BK 9223 PG 178 Executed under seal this �� day 2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: 1rJS On this /�At day of M , , ,2004,before me,the undersigned notary public,personally appeared SAMUEL STEVENS ROGERS and acknowledged to me that he signed the foregoing document voluntarily for its stated purposes. I identified SAMUEL STEVENS ROGERS to be the person whose name is signed on the foregoing document by means of the following satisfactory evidence of identity[check one]: Aidentification based on my personal knowledge of his identity,or ❑ current government-issued identification bearing his photographic image and signature,or ❑ affirmation of a credible witness who is, unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Pub ' (,i!•L,�roi� w My commission expires: 7� (SEAT.) BK 4378 PG 115 DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 01810("Grantor")for consideration paid and in full consideration of Two Million Nine Hundred Seventy-five Thousand ($2,975,000) Dollars, the receipt of which is hereby acknowledged, grant to EDGEWOOD RETIREMENT COMMUNITY, INC., a not-for-profit corporation organized under the provisions of Massachusetts General Laws,Chapter 180,with a usual place of business in North Andover,Essex County,Massachusetts(the "Grantee")with a Quitclaim Covenants, a certain parcel of land situated on the Easterly side of Osgood Street in 00 North Andover,Essex County,Massachusetts,shown as Lot 6 on a plan entitled: "Plan of Land d No.Andover,-Mass."by Harry R.Feldman,Inc.,Land Surveyor,dated April 11, 1989,consisting of four sheets,recorded in Essex North District Registry of Deeds as Plan No. 11656 of 1989 as ty u effected by an Affidavit dated November 9,1989,ncorded with said Deeds in Book 3029,Page in � 90, (the "Plan") said Lot 6 being shown on sheet 1 of 4 of the Plan and being bounded and E" described as set forth in Exhibit A attached hereto and made a part hereof,-containing,according 0 o to said Plan as affected by said Affidavit 2,716,664 ± square feet or 62.366 ± acres, (the N4 "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: 0 � u (1) All rights,title, and interests,if any,of Grantor in, to and with respect to any land o z0 lying in the bed of Osgood Street_direcdy abutting the Premises; ui (2) the non-exclusive right, in common with Grantor and all others legally entitled °' thereto,to pass and repass over the "Lane To Pond Pasture(Private Way)" shown on the Plan; b (3) there is also conveyed herewith as appurtenant to the Premises the perpetual and exclusive right and easement for signage, drainage, grading_and slope rights in that certain 0 triangular parcel of land containing 1,332 square feet and being designated on the Plan(sheet 3 U1, of 4) as "Drainage, Gradin _g& Signage Easement",-said parcel of land being more particularly °! bounded and described as follows: ca b WESTERLY by Osgood Street,as shown on said Plan,38.06 feet; w NORTHERLY by the remaining portion of Lot 5A,as shown on-said Plan,70.00 r feet; ' SOUTHEASTERLY by Lot 6,as shown on said Plan,79.68 feet. together with-the perpetual and exclusive rights and easements in those portions of Lots 5A and 7 shown on the Plan designated as"Construction Easement'A'","Construction Easement'B'"and "Construction Easement'C"on the plan entitled:"Plan Showing Easements for Edgewood Life Care, Inc No. Andovjr, Mass." dated August 20, 1991,prepared by Harry R. Feldman, Inc.to be recorded herewith for drainage, grading and slope rights, all as reasonably required for construction,use,maintenance and repair of an access road on Lot 6. However,notwithstanding the provisions set forth in this paragraph(3), Grantor reserves to himself and-to his successors oi BK 4378 PG 116 and assigns as the owners of Lots 5A and 7 shown on the Plan the right to use those portions of Lots 5A and 7 subject to the easements granted herein for all purposes which are not inconsistent, and which do not unreasonably interfere,with the rights and easements herein granted by Grantor provided that Grantor, shall not erect or allow any other person or entity other than Grantee, its successors and assigns,the right to erect and maintain signage within the triangular easement area described herein. This conveyance is made subject to and with the benefit of the following restrictions, covenants,licenses and reservations of rights to which the Grantee by the acceptance of this deed and as part consideration therefore hereby covenants and,agrees to,on its behalf and on behalf of its successors,and assigns;said restrictions,covenants,licenses and reservations of rights shall run with the land, be binding upon the parties,and their respective heirs,successors and assigns and remain in full force and effect until the earlier to occur of a period not exceeding twenty-one (21)years after the death of the last to die of the group consisting of Samuel Stevens Rogers and his issue living on March 31, 1992,or for fifty(50)years from March 31, 1992,unless earlier terminated by reason of Grantor,his heirs,successors or assigns failing to continue to operate the property retained by Grantor and known as Edgewood Farm,as a farm for horse boarding and/or for riding/carriage trails. Said restrictions, covenants, licenses and reservations or rights are as follows: 1. (a) The Premises shall be used only for a life-care facility,similar in concept to other facilities-developed by Life Care Services Corporation,a corporation organized under the laws of Iowa with a principal place of business in Des Moines, Iowa. This restriction will be subordinated by Grantor in favor of any mortgage lien or other right granted by Grantee to any lending institution making a loan on the Premises for the purpose of constructing or operating the life-care facility. (b) Any houses,garages,out buildings,pools,parking lots,tennis courts,fences and other structures erected or situated on the Premises shall be so located so as to minimize(to the extent reasonably possible) the impact of the same upon the existing pasture lands and farm operation. (c) Upon completion of all site development including,but not limited to installation of septic systems and utilities,all top soil which has been disturbed shall be replaced and the turf resodded or reseeded. (d) Grantor and/or his designees shall be allowed to cultivate and harvest hay and other grass crops at no cost to Grantor on those portions of the Premises reasonably designated by Grantee to be used for pasture land and/or haying,subject to reasonable rights of indemnification or insurance specified by Grantee and running from Grantor to Grantee. Further,any driveways, parking areas,fencing and landscaping installed by Grantee shall be so designed and constructed so as not to unduly impede Grantor's ability to mechanically cultivate and harvest hay and grass crops. (e) Grantor and/or his designees shall be allowed to cut and remove up to twenty(20) cords of firewood annually from areas on the Premises as shall be mutually agreed between BK 4378 PG 117 Grantor and Grantee provided that such firewood is for the personal use of owners,occupants and workers on the portion of the property retained by Grantor and known as Edgewood Farm. (f) Grantor shall be allowed to maintain bridal paths and carriage roads over the Premises in such locations as are mutually agreed between Grantor and Grantee provided that the some do not interfere with the use of the Premises for a life-care community and subject to reasonable rights of indemnification gh or insurance ified b Grantee and runnin from an ' to Grantee. � Y 8 Gr (g) Grantor agrees to maintain all farm structures and plank fencing in a manner compatible with the life-care center and with a working farm. The exercise by Grantor and/or his designees of any of the rights set forth in the aforesaid subparagraphs(d), (e)and(f)shall be subject to the terms of a certain Conservation Restriction to be granted by Grantee to the Trustees of Reservations simultaneously herewith,and Grantee shall take such steps as may be necessary to enable Grantor to exercise the rights set forth in subparagraphs(d),(e)and(fl hereof,subject to and in accordance with the terms and limitations set forth m such Conservation Restriction. 2. Grantee will replace any of Grantor's utilities which were disturbed during construction of the access road on Lot 6,or in the alternative,permit Grantor,at his own cost and expense and so as not to interfere with Grantee's construction,to tie into any of Grantee's utilities along the access road provided such utilities are only used to service existing (or relocated existing) residences, farm structures, and farm-related uses, and for no other purpose. It is understood between the parties that Grantor shall be responsible for obtaining any and all permits necessary for any such tie-ins,and such tie-ins shall only be at the capacity approved by Grantee,provided, however,if Grantee does not approve the capacity of the tie-in requests by Grantor,Grantee shall replace the utility so disturbed if,in fact,the utility for which Grantor is requesting a tie-in is in place of an existing utility of Grantor's which was disturbed during construction of the access road. The within conveyance is further made subject to all easements,restrictions,covenants, licenses, reservations of rights and rights of way of record to the extent the same are in force and applicable. For Grantor's title, see two deeds from the First National Bank of Boston, Trustee, to Samuel Stevens Rogers dated June 14, 1994 and October 22, 1986 and recorded with the Essex North District Resgistry of Deeds in Book 1826, Page 134 and Book 2363, Page 306, respectively. BK 4378 PG 118 WITNESS my hand and seal this 44day of"4er, 1995. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS 5,tkoolk, ss. Oc-�Wcr ,-Z.7, 1995 Then personally appeared the above named Samuel Stevens Rogers and acknowledged the foregoing instrument to be his free act and deed,before me GDAM oPublic My Commission Expires: er Q-40, � XYZ *IP UW 01)il) LU x t- y7 4 'ry�yCA H W0 X �v L4 BK 4378 PG 119 The undersigned hereby accepts the restrictions,covenants,licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY,INC. By: .f ( SvRe�c S�ru '`�i COMMONWEALTH OF MASSACHUSETTS Suffolk, ss. a,Q N „R, , 1995 Then personally appeared the above named Elizabeth A.Beland,Treasurer/of Edgewood Retirement Community,Inc.,and acknowledged the foregoing instrument to be the free act and deed of said corporation,before me n(t s l4'Lk 2 w. W%A q LRC'j Notary Public iT My Commission Expires: Seer GG N 44 III EXIUBr>i A BK 4378 PG 120 LOT 6 METES AND BOUNDS DESCRIPTION Commencing at a Massachusetts Highway bound on the easterly side of Osgood Street; thence running N 8' 42' 17" W,along the said easterly side of Osgood Street,a distance of 190.57 feet to the point of beginning; thence running along the said easterly sideline of Osgood Street,N 8' 42' 17" W,a distance of 150.00 feet to a point; thence turning and running N 52' 45' 33" E,a distance of 79.68 feet to a point; thence turning and running N 66' 10' 59" E,a distance of 165.10 feet to a point of curvature; thence turning and running by a curved line to the right of radius 350.00 feet,a length of 199.23 feet to a point of tangency; thence running S 81' 12' 09" E, a distance of 242.76 feet to a point of curvature; thence turning and running by a curved line to the right of radius 125.00 fat, a length of 118.34 feet to a point of tangency; thence running S 26' 57' 27"E,:a distance of 45.37 feet to a point; thence turning and running N 78' 59' 43" E, a distance of 52.30 feet to a point; thence turning and running S 10' 50' 12" E, a distance of 21.00 feet to a point; thence turning and running S 31' 14' 46" E, a distance of 159.31 feet to a point; thence turning and running N 75' 42' 14"E,a distance of 120.68 feet to a point; thence turning and running N 78' 26' 40" E, a distance of 84.67 feet to a point; thence turning and running N 82' 57' 37"E,a distance of 53.67 feet to a point of curvature; thence running by a curved line to the right of radius 685.00 feet a length of 243.96 feet to a point; thence turning and running N 13' 22' 00"E,a distance of 150.00 feet to a point; thence turning and running N 13' 25' 33"E,a distance of 22.00 feet to a point; BK 4378 FC 121 thence turning and running by the following five courses: S 76' 33' 49" E,a distance of 84.46 feet; S 82' 55' 37" E, a distance of 79.20 feet; S 83' 59' 23" E, a distance of 101.11 feet; S 85' 03' 11" E, a distance of 99.77 feet; . S 89' 03 24 E, a distance of 51.10 feet to the end of a stone wall, thence turning and running S 62' 59' 08" W, along a stone wall,a distance of 60.14 feet to a drill hole at the corner of the stone wall; thence turning and running S 19' 17' 59" E,along a stone wall,a distance of 181.49 feet to a point at the comer of a stone wall; thence turning and running along a stone wall the following four courses: N 78' 53' 10" E, a distance of 286.63 feet; N 78' 32' 29" E, a distance of 168.03 feet; N 78' 04' 17" E, a distance of 363.94 feet; N 77' 34' 20" E, a distance of 325±feet to the shore of Lake Cochichewick as located on January 6, 1986; thence turning and running by said shore of Lake Cochiehewiek as located on January 6, 1986, 1,485±feet to a point; thence turning and running S 79' 55' 35" W,a distance of 594±feet to an iron pipe; thence turning and running N 17' 50' 15" W,a distance of 239.03 feet to a drill hale at the comer of a stone wall; thence turning and running along a stone wall the following four courses: S 63' 29' 40" W, a distance of 215.03 feet to a drill hole; S 76' 29' 23" W,a distance of 311.43 feet to a drill hole; S 67' 43' 31" W,a distance of 120.13 feet; S 57' 36' 33" W, a distance of 89.12 feet to a drill hole at the corner of the wall; thence turning and running along a stone wall the following three courses: N 32' 14' 07" W, a distance of 102.94 feet to a drill hole; N 32' 25' 40" W, a distance of 223.93 feet to a drill hole; N 32' 12' 31" W, a distance of 128.31 feet to a drill hole at a bend in the wall; thence turning and running along a stone wall the following four courses: N 58' 43' 38" W, a distance of 64.03 feet to a drill hole; N 61' 12' 19" W, a distance of 198.17 feet to a drill hole; BK 4378 8 i-G 122 N 59° 01' 34" W, a distance of 170.63 feet to a drill hole; N 55' 35' 13" W, a distance of 102.85 feet to a drill hole at the corner of the wall; thence turning and running N 36' 59' 44"E, a distance of 306.32 feet to a drill hole at the comer of the wall; thence turning and running along a stone wall by the following two courses: N 29' 05' 30" W, a distance of 277.64 feet; N 31' 14' 46" W, a distance of 383.73 feet to a drill hole; thence turning and running N 15' 55' 41" E,a distance of 26.38 feet to a point, thence turning and running by the following five courses: N 54' 49' 13" W, a distance of 27.37 feet; N 57' 35' 37" W, a distance of 39.59 feet; N 60' 05' 42" W, a distance of 58.96 feet; N 74' 43' 12" W, a distance of 49.85 feet; S 62" 59' 43" W, a distance of 21.32 feet-to a point; -thence turning and running N 20' 00' W" W,a distance of 24.00 feet to a point; thence turning and running N 81' 12' 09" W,a distance of 81.12 feet to a point of curvature; thence running by a curved line to the left of radius 300.00 feet,a length of 170.77 feet to a point of tangency; thence running S 66' 10' 59" W,a distance of 178.61 feet to a point; thence turning and running S 18° 29' 06" W,a distance of 153.20 feet to the point of beginning. J , NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A. Continuing Care Retirement Center • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119,Page 257 10/5/89 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 Retirement Center -Recorded at Book 3983, Page 268 2/15/94 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center -Recorded at Book 4341, Page 61 9/18/95 B. Site Plan Review • Site Plan Review • 10/5/89 -Recorded at Book 3119, Page 266 10/5/89 -Recorded at Book 4323, Page 344 8/25/95 • Extension of Site Plan Review • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Site Plan Review • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 C. Common Driveway • Driveway Special Permit • 11/13/89 -Recorded at Book 3119, Page 275 11/13/89 -Recorded at Book 4323, Page 330 8/25/95 • Extension of Driveway Special Permit • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 • Extension of Driveway Special Permit • 9/5/95 -Recorded at Book 4341, Page 61 9/18/95 D. Access Strip to Mary Charles Property • Frontage Special Permit • 10/24/95 -Recorded at Book 4384, Page 99 10/24/95 (14327\64824\A0131463.1) Conservation Commission Dated • Conservation Restriction • 10/27/95 -Recorded at Book 4379, Page 242 11/10/95 • Order of Conditions • 8/2/95 -Recorded at Book 4331, Page 21 9/1/95 i 1 i {14327\64824\A0131463.1} NOR7� Town of North Andover Office of the Planning Department * Community Development and Services JXV Osgood Landing T r ` . Ss�c►+ 1600 Osgood Street Building#20,Suite 2-36 2007 P,10Y —8 Pil k: 07 Lincoln Daley North Andover,Massachusetts 01845 Town Planner A � P(978)688-9535 F(978)688-9542 NOTICE OF DECISION1 , e °;, Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date: November 8,2007 Date of Hearing:June 5,2007 thm November 6,2007 Petition of: Edgewood Retirement Community,Inc. 575 Osgood Street„North Andover,MA 01845 Premises affected: Edgewood Retirement Community,Inc. 575 &549 Osgood Street,North Andover,MA 01845 Map 36,Lot 3, 17, 18,& 19. Referring to the above petition for a Site Plan Review Special Permit,Section 8.3 and Section 13& Continuing Care Retirement Center& 10.3 Special Permit of the North Andover Zoning Bylaw. so as to allow: To construct 27 new cottages approximately 1400—2000 s.f.each& a greenhouse of approximately 720 s.£&a new 20 foot wide roadway with individual driveways to access the cottages,project will remove three existing buildings,a gravel access drive and a parking lot in the 100 foot buffer within the R-2 zoning district. Application for a Modification Special Permit to existing CCRC Special Permit Section 13.1 &10.31 granted on October 5,1989. After a public hearing given on the above date,the Planning Board voted to APPROVE the applicant's request to WITHDRAW WITHOUT PREJUDICE. Signed Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles,Clerk Richard Rowen,regular member Jennifer Kusek,regular member Timothy Seibert,alternate member BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Please time stamp both copies and return one copyolito. Thank your `` Osgood Landing 2007 NOY -7 PH 3 ( 3 TO: Town of North Andover 1600 Osgood Street Cx Bldg.20,Suite 2-36 Planning Dept North Andover,MA 01845 M A S S �} phone: (978) 688-9535 fax: (978) 688-9542 Please be advised that I wish to withdraw my application from the Planning Board for property located at: STREET S S t-sY TOWN: NAME OF PETITIONER: SIGNED: Pe 'oner r itio s representative PLANNING BOARD: (Planning Board or Planning Board Agent) By my a ira llo ; That vote isaxWF7ww without prejudice 2. That future submittals will require a new application. 3 That any new application will require a complete filing with applicable fees under the current regulations. Please note: Failure to submit information requested by the Board will result in the applicants' application to be withdrawn from the agenda. Time requirements for t b submittal of information is no later than noon on the Thursday prior o the y-weekl y Planning Board meeting. muwia►dmW Motion for Reconsideration In the matter of Edgewood Retirement Center, Inc. 575 and 549 Osgood Street,North Andover,MA Application for Variances The undersigned associate member of the North Andover Zoning Board of Appeals ("ZBA")hereby moves, pursuant to ZBA Rule IV. Section 3,that the ZBA reconsider its September 11, 2007 vote(3 in favor, 2 opposed)to grant the requested variances{which vote resulted in a denial of the Application, as 4"yes"votes were necessary to achieve the super-majority necessary to grant variances), This request is being made for the purpose of correction of a perceived procedural oversight and/or procedural deficiency and for a substantial reason justifying reopening this matter, namely the manner and nature of the motion actually made and the vote taken on September 11,2007 on this matter,which did not honor the clear,written request of the Applicant that each of the 2 physical areas where set back variances were requested be voted separately, since each had a distinctly different hardship. Dated: September 18,2007 �v7 Richard M. Vaillancourt North Andover Zoning Board of Appeals Associate Member FOR REGISTRY USE ONLY SCALE: 1 2000' I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE NORTH ANDOVER ZONING ZONING DISTRICT LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF oscooD sr. RESIDENTIAL DISTRICT 2 PRESCOTT ST. 1 BOARD OF APPEALS STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND 0 MINIMUM AREA = 43,560 S.F. NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS 0 MINIMUM FRONTAGE = 150' OR FOR NEW WAYS ARE SHOWN. 76 MINIMUM FRONT SETBACK = 30' � zN or,y4ss CHAPTER 41 SECTION 81X c� MINIMUM SIDE SETBACK = 30' o°' MICHAEL qiy h MINIMUM REAR SETBACK = 30' G J. '-LocustiN/V.,,,�/N/V�+tiNNNti�/ ..�+N�/ SERGI 4, SECTION 13.5 STANDARDS AND RESTRICTIONS No.3,3 O d. DIMENSIONAL REQUIREMENTS ,"-•., , 10/1%7 PERIMETER SETBACK = 100' �F�O' < MICHAEL V SERGI P.L.S. DA TE OO DATE: ASSESSORS REFERENCE THE CERTIFICATION SHOWN ABOVE IS INTENDED TO MEET MAP 36 PART OF LOT 17 REGISTRATION REQUIREMENTS AND IS NOT A CERTIFICATION a REFERENCE PLANS TO TITLE OR OWNERSHIP OF PROPERTY SHOWN-OWNERSHIP ��n o OF ADJOINING PROPERTIES ARE ACCORDING TO I CERTIFY THAT THIS PLAN CONFORMS rASSESSORS RECORDS. �+ `� N.E.R.D PLAN #14951 REFERENCE DEEDS TO THE RULES AND REGULATIONS OF L OCUJ MAP N.E.R.D. PLAN #11813 THE REGISTER OF DEEDS. N.E.R.D. BOOK 9223 PAGE 177 N.E.R.D. BOOK 4378 PAGE 115 10110107 MAP 36=T1 1 SEE PLAN #14951 ' NOTES: DATE I 1 FOR BOUNDARY / PARCEL I I LINES I 1.) THE PURPOSE OF THIS PLAN IS TO SHOW THE I PART OF PARCEL A I MAP 36=T1 "MILK BARN", APRE-EXISTING NON CONFORM/NG E10 G1 A I N/F STRUCTURE TO BE ALTERED / REHABILITATED AS F4 I I MARY F. CHARLES PART OF THE APPLICANT'S CONTINUING CARE Eg IF3 I 1976 TRUST RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. I I SEE ALSO NOTE #3 BELOW. _._ F2 G1 B G1 C G13 GRA VEL F1 G 12 ACCESS I - G 1 2.) THE WET LANDS WERE DELINEATED BY WETLAND ROAD PRESERVATION INC. 47 NEWTON ROAD, PLA/STOW, NH I � G2 G11 � G10 (AUGUST 2006) & (NOVEMBER 2006) EXISTING - � G3 �- G8 S2 I FOUNDATION G4 3.) PARCEL (A) SHOWN ON A PLAN BY ROBERT M. GILL S� I TO DISMANTLED G� SILO G5 & ASSOCIATES, INC. AND RECORDED AS PLAN NUMBER H10 11813 ON FILE WITH THE NORTH ESSEX REGISTRY OF - DEEDS, AND DESCRIBED /N 900K 9223 PAGE 117, N 2S G6 H9 OWNED BY EDGEWOOD RETIREMENT PROPERTIES, LLC. H1 ` � � WILL BE COMBINED WITH THE LAND OF EDGEWOOD � �0)yvso' 1/E H2 RETIREMENT COMMUNITY, INC. UNIFYING OWNERSHIP I — (PR/VATS S L4/ wAY ti W/o;'/-/ VqR/ES) COMMUNITY�•,, �` UNDERNAME OF EDGEWOOD RETIREMENT , °S ,0S ��1 J'/A �� - -- �5 25 � V ,._ �� -- (EDGEWOOD RETIREMENT PROPERTIES, LLC., IS THE I S° 5p 7-0 PA RN 1 2S WHOLLY OWNED SUBSIDIARY OF EDGEWOOD RETIREMENT I 5,� RAZED I- T_ — `� cis COMMUNITY INC.) EXISTING I G �T D ' ' i I -._---sem I /, ''— /,-.; 2S I �' i , i I DWELLING I 1 550 ZONING BOARD OF ' SO. FT. -f- 50 L-Y' �,� APPEALS PLAN � EXISTING S0� � , MILK BA RN TO BE °S ' I'' �' ''► _ EXISTING ��'� S ,i LOCATED /N ' ---� AL TERED ; ,9 ' NORTH ANDOVER, MA. A BARN i G� ' TED l i � I RECORD OWNER & APPLICANT REHAB/LITH TO BE RAZED I , ,� S� - -11550 NOTE I • �_ EDGEWOOD � SEE .�_1_� -s� sSO. FT RETIREMENT z1 ' — COMMrUNITY , INC 1 Z9 s� S I ' /' I STING ` ` /`D11 V G C/0 MARLENE ROTER/NG X/ S 7- I �/ &i4 C' 549 OSGOOD STREET, NO. ANDOVER, MA. I ^ ' BARN L// V� � � � � ` SCALE. 1 " = 20' DATE: 10/1%7 TO BE RAZED 1 20 p 20 40 FT 1 \ 11 Z8 S� OS 'OS OS °s \ CHRISTIANSEN h SERG/ PRO"NDOSURVEYORS NAL ERS L OS °S \` 160 SUMMER Sr. HAVERHILL,MA. 01830 TEL. 978-373-0310 © 2007 8Y CHRISTIANSEN & SERGI INC. SHEET 2 Of' 2. DRAWING NO. 06084 007 FOR REGISTRY USE ONLY SCALE: 1 '�= 2000' ZONING DISTRICT I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THE OSGOOD ST. _ NORTH ANDOVER ZONING RESIDENTIAL DISTRICT 2 LINES DIVIDING EXISTING OWNERSHIPS, AND THE LINES OF PRESCOTT ST. BOARD OF APPEALS STREETS AND WAYS SHOWN ARE THOSE OF PUBLIC OR PRIVATE STREETS OR WAYS ALREADY ESTABLISHED, AND MINIMUM AREA = 43,560 S.F. NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS MINIMUM FRONTAGE = 150' OR FOR NEW WAYS ARE SHOWN. y CHAPTER 41 SECTION 81X MINIMUM FRONT SETBACK = 30' = MINIMUM SIDE SETBACK = 30' � ,��°F 4A h MINIMUM REAR SETBACK = 30' Mjc'1 AEL s LOCUS � NNnitiNtitiN1..N/lNN/NNtitiM, J' 4, SECTION 13.5 STANDARDS AND RESTRICTIONS spa J d. DIMENSIONAL REQUIREMENTS 10110107 O PERIMETER SETBACK = 100' r a i MICHAEL DATE O'� Z DATE: ASSESSORS REFERENCE Ln THE CERTIFICATION SHOWN ABOVE IS INTENDED TO MEET MAP 36 PART OF LOT 17 REGISTRATION REQUIREMENTS AND IS NOT A CERTIFICATION o TO TITLE OR OWNERSHIP OF PROPERTY SHOWN-OWNERSHIP o OF ADJOINING PROPERTIES ARE ACCORDING TO / CERTIFY THAT THIS PLAN CONFORMS REFERENCE DEEDS ASSESSORS RECORDS. TO THE RULES AND REGULATIONS OF LOCUS MAP MAP 36 LOT 17 THE REGISTER OF DEEDS. SEE PLAN #14951 N.E.R.D. BOOK 9223 PAGE 177 FOR BOUNDARY / PARCEL N.E.R.D. BOOK 43713 PAGE 115 L5�_= ' 10/1%7 LINES DA TE PART OF PARCEL A REFERENCE PLANS NOTES: N.E.R.D PLAN #14951 1.) THE PURPOSE OF THIS PLAN /S TO SHOW THE I N.E.R.D. PLAN #11813 �\ _D2t �l X6 "MILK BARN", APRE–EXIST/NG NON CONFORMING 7 . 022 N10'S0'12' W xg ; MAP �OT STRUCTURE TO BE ALTERED / REHABILITATED AS Dl 1 2 1.0014Ax3 I PART OF THE APPLICANT'S CONTINUING CARE D6 D23 D2 i Et o 5 xi S1205 "E N77'50'36"E N/F N/F RETIREMENT COMMUNITY UNDER BYLAW SECTION 13. 6 D55 E13 E12 X4 -4 i 22.00 54.67' MARY F. CHARLES FAMILY COOPERATIVE SEE ALSO NOTE #3 BELOW. E2 X2 s� D4 D3 IE3 E14 GIC i N78.13'28"E N83'06'15"E 1976 TRUST PRESCHOOL E5 E6 1 E10i G1B 40.93 2.) THE WET LANDS WERE DELINEATED BY WETLANDS _ –_ E F4 G1 A G13 G12 I 59'25' JOHNSON'S LANE MA::J=6L a F3 PRESERVATION INC. 47 NEWTON ROAD, PLAISTOW, NH E4 -. - - a Os \ E9 F1 '` ' 1F2 G1 G2G11 I. o N84'4226"E (PRIVATE WAY N WIDTH VARIES) BOOK 6953 PAGE 100 (AUGUST 2006) & (NOVEMBER 2006) i EXISTING _ –� Gt o PLAN 14227 os s sa –te a sa _ � FOUNDATION G4 �G8 G7 H10 72.67' # 3.) PARCEL (A) SHOWN ON A PLAN BY ROBERT M. GILL TO DISMANTLED G3 - __ H9 Ha >► & ASSOCIATES, INC. AND RECORDED AS PLAN NUMBER 1 SILO – – "� G6 Ht --� N89.21 55 E G5 – � � 11813 ON FILE WITH THE NORTH ESSEX REGISTRY OF 52.30' –�-II,os ---__ os i �b _ '� H3_� • H7 98.51 DEEDS, AND DESCRIBED /N BOOK 9223 PAGE 117, LLC. Z I os - EXISTING ® "2s-_ 2g H2 —. H4 �9� H6 OWNED BY EDGEWOOD RETIREMENT PROPERTIES, S78'59'43"W ARN 1 �- o „ GRA VEL II EXISTING � so” —` TO BE /,'AZED 1 CI'T i--�?g,_` - - _ � �H5 1-7 581'25'4,1 E DRIVE WILL BE COMB/N£D WITH THE LAND OF EDGEWOOD loo,` ' 1 DWELLING 1 G 1 �. ,--,so., 1 [�,��� ,r�'� 23' - 45.06 1 550 � ,�_ � , � 2S. __ RETIREMENT COMMUNITY, INC. UNIFYING OWNERSHIP so .� �– 16 UNDER THE NAME OF EDGEWOOD RETIREMENT os j���/}1 SQ.FT.t EXISTING MILK BARN TO BESo�1 ,� ,�j ` �S' 1-1 I-5 COMMUNITY, INC. ALTERED / REHABILITATED EXISTING \ �4 �/�/ G2 SEE NOTE 1. BARN �i ��'\SO sa 1-2 4 , „ / L L�✓_1_ ,1 TO BE RAZED , , j �� \ S79 13'45 E (EDGEWOOD RETIREMENT PROPERTIES, LLC., IS THE 'S2 �/I -1 550 SEE 20 SCALE 8.20 C12 1 ' DRAWING �_L J so s�\ -3 .\ J3 ' WHOLLY OWNED SUBSIDIARY OF EDGEWOOD RETIREMENT Z2 I s� _°S SQ.FT.t- -- 1 rte, os S�\ Jt COMMUNITY INC.) I I 1 Z1 1 / / __ 100. 9 \ 0 s2 J29 Ln Z3 II Z9 \ \ ° {� EXISTING G SE=rBACK CO/Ar` s\ os ,5- \ J� J28 /� OF1— ��� � J3ZV NT NG Bf)AUrn R® CR o I I cp J S r BAR E �` ``\`` TO BE RAZED III Z8 s� \ S78'26'40"W Z9, APPEALS PL / N °s 84.67 °s � 0, CR Z4 Z5 575.4 '1–�,–�_–__ 0� 2 –\ so- ��//�. LOCATED IN 0 120.64 w — `— —__�, OS\ o –,Dot NORTH ANDOVER IIIAZ7 ) 1,00 . \ J, — 828 627 s °0f `� \ 2s, Z6 os -�' R 00, so- 22.00 RECORD OWNER & APPLICANT s° 2`' I B26 825 . 824 68 i ' B 29� N I�o� — S,pp °o, 100 �, \ S 13'2533"W s0, sz Bao 53.67 B23 EDGEWOOD os ted \ so 52 ct6 t7 C19 582'5737"W B22 f°o off/ �C1 C15 C18 B1 B21 saw_ �4�.3'.9j \ z/ 52 C13 C1 B3 B4 B5 B20 sa sa \ T I R E M E N T 1 V� C11 C1 C3 C z4– . . B6 819 818 817 \ �� o I10 C5 C4 B2 BVW B7 68 \ INC C6 z5, zs' —� 69 B10 B11 B12 Z4– . . 815 \ �\ 150.00' COMMUNITY9 zs- , S 13'22'00"W o cs 7 � 5a, � so- `, so � 25, —\25, B14 / y � C/0 MARLENE ROTER/NG \ / �— So' 50' 50' OF p 25 — z5 / 549 OSGOOD STREET, NO. ANDOVER, MA. °o so. ho -- q VE�1F ° \ so so' So, so, �T 30' BUILDING so, 50' SETBACK LINE SCALE: 1 " = 50' DATE: 10110107 (TYPICAL) 50 0 50 100 FT \ � Do, __ / roo- f°° N/F goo' 100, SEE NOTE J. loo \1°0, goo' EDGEWOOD RETIREMENT PROFESSIONAL ENGINEERS 1p° ° CHRISTIANSEN u SERGE LAND SURVEYORS N/F 1001 — 100' -� COMMUNITY, INC !oo __ �h STEVENS ST. TRUSTEES loo' loo OF RESERVATIONS MAP 36 LOT 3 160 SUMMER Sr. HAVERHILL,MA. 01830 TEL. 978-373-0310 © 2007 BY CHRISTUNSEN & SERGI INC. MAP 3�Tl LOT 6 DRAWING NO. 06084 007 N.E.R.D. PLAN #1 1656 SHEET 1 OF 2. c"ic11CMtUK " C ONSER VA TION RES TRIC TION A REA " PLAN OF LAND v�o I N LOCW (i w V Aa,-�, V �?00; NORTH ANDOVER , MA FORw MAP �¢- 11) fi' 9 °� �`b� / /�o°a' t�ocuS SAMUEL S . ROGERS SCALE 1" ■ 1800' SCALE : I" x 80' AU°G.' 25a 2004 ' h n ROBERT M. GILL i ASSOCIATES, INC.' ti o '�� �• l CIVIL ENGINEERS i LAND SURVEYORS ,� 0 a 20 INTERNATIONAL WAY a +o $0. LAWRENCE. MA 01843 a I STY M N f BARN h N k MARY F. CHARLES /976 TRUST ; S12'54'46`E BARN 0 N' 22.00' m _ 13TY S12'38'43'E 1030.22' BARN I STY 480.22' —_--J 4 ., 550.001' ! I 2 1/2 STORY - a BARN w, NOTES - a W f:.ZONING DISTRICT R-2 - RESIDENTIAL I 1 1/2 STORY BARN I STORY I U owi:LL. 2. RECORD OWNER : SAMUEL S. ROGERS 3. BEING AND INTENDING TO BE THE SAME LOT 2A • , I `09 � 6,^N o AND PARCEL A AS SHOWN ON PLAN 11815'OF a 21.001 . 1N3� tA,A w°u 1990 RECORDED AT THE ENMORD. N I a 1 .rte U N10150't2-W w 4. THIS PLAN PREPARED FOR THE PURPOSE OF ES- ?+w b ------ TABLISHING A CONSERVATION RESTRICTION AREA. A07.1 ` 5. THE CONSERVATION RESTRICTION AREA DOES NOT I t INCLUDE THE AREA OF THE DRAINAGE, GRADING tc AND SIGN;EASEMENT LOCATED IN THE SOUTH - 1 a .yam ��.. �� N WEST CORNER OF THE PREMISES. 6+ as �0 A`L� to �LKv 0� x�rrEN�dCy ` N �LI/2 STORYEL�Ii . PARCEL A . o PA VED I 'IV ry S.F. _ . '- 14.96 AC` \ Us p 1-� ` N "A HERESY CERTIFY THAT THE PROPERTY LINES SHOWN ON THIS PLAN ARE THE LINES W 0t ` BARKY `~ ,sr0s'14911g.K, �y ` N'tNDIVIDING EXIOTING OWNERSHIPS AND THE LINES Of STREETS AMD WAYS SHOWN ARF •, \ THOSE OF DLIC OR PRIVATE STREETS OR WAYS ALREADY ESTAKISHED AND THAT NO i*+ ,� Zgg ;,.�. b "Q !HEMI LINES FOR DIVISION OF EXISTING OWNERSHIPS OR FOR NEW WAYS ARE SHOWN. CONS91?VA TION STY \--- RD'S TRIC TION N BARN AREA _ ROKRT M. ILL P"R". 43-4,690--5-F- o oN ti , O b g9�_AC. n� � t' N13.38'3OwW / 03 ; �'--" � 1, " 1 HEREBY CERTIFY THAT THIS PLAN coNFORMs T THE RULES OF THEA GJ TRY OF DEEDS. " �` '"'e .� 1 G ' ' V,IG4AEL N L V 1 �'i f7— LOT l e 29851 1 1 �1 ROBERT M. GILL PSUR.L.S. 930945 S.F. 2.15. A G. 0 o -- °° 0 '� •� l ,� FOR REGISTRY USE ONLY REGISTRY OF DF1D,S ti? s NaThem District of Essex SS m 108:30' �; �" �,�` , Rxeived and R�ccorded ` o . . 10a -`------ b DETAIL I On ,200 �► �_ , Q, �• . 34;06: !20.14' I i � �� LOT 7 ! Mw I LOT 6 Ato'ctocic . VolW N1i-11'32 - 1 a 1n ` �---- N06�•42•I7«yY '"'�; 610.71 . PLAN NO. Attet: 8 . OSGOOD 1 PURL i C - VARIABLE W IDT148 f AGQ<����1 � STREET iy"y' �. • s S DETAIL OF DRAINAGE, GRADING, 'Re sterofDeeds AND 616NA69 9ASEM&T ' • 40'