HomeMy WebLinkAbout1987-01-06January 6, 1987
Board of Appeals held a Special Meeting on January 6, 1987 at 7:30 in the
Selectmen's Meeting Room for the purpose of further discussion on the grant-
ing of the Special Permit and to decide on definite conditions for this
granting. The following members were present and voting: Augustine Nick-
erson, Clerk, Alfred Frizelle, Esq., Vice-chairman, William Sullivan, Walter
Soule and Anna O'Connor.
Decision of December 12, 1986 meeting read by Mr. Frizelle regarding the
Edgewood Life Care, Inc., Inc. petition. Motion made by Ms. O'Connor and
seconded by Mr. Soule to carry on by discussion of conditions subject to
granting this petition.
Vote: In favor - Mr. Frizelle, Mr. Sullivan, Mr. Soule, & Ms. O'Connor
Opposed - Mr. Nickerson
Letter from Mr. Frizelle to Ms. Karen Nelson read and also reply from Ms.
Nelson to the Board read and entered into the file.
After a lengthy discussion by the Board, a motion was made by Mrs. O'Connor
and seconded by Mr. Soule, the Board voted four in favor with Mr. Nickerson
opposed, to GRANT a Special Permit under the provisions of the Zoning By-
Law to SAMUEL S. ROGERS AND EDGEWOOD LIFE CARE, INC. to permit construction
and use on the site of a nursing home/convalescent home in the form of a
life care community with 245 living units, as requested and described in
the application and the Membrandum of Law and Facts submitted by the
petitioners. The Special Permit is granted subject to the following con-
ditions, which are imposed pursuant to the Board's authority contained in
Section 10.3(2) of the Zoning By-Law, subject to the following conditions:
Please see next page.
'~age 2
Edgewood Life Care, Inc. - cont. ??'2
1. SEWER
Petitioner in accordance with its offer shall tie into the
town sewer.
The Special. Permit is subject to:
Town of North Andover Public Works certification and
approval to tie into the Town sewer line provided said
sewer line is adequate to handle 26,500 gallons of
sanitary sewage per day. Failure to obtain said approval
shall nullify this Special Permit.
Said sewer connection shall be made at the town sewer line
on Osgood Street near the Town Building. Petitioner shall
lay the sewer line down Osgood Street and shall make con-
nections available to abutters on Osgood Street.
If approved by the Public Works, then the sewer line shall
be installed with pipe and material approved by the Public
Works prior to the issuance of a building permit for con-
struction of the Life Care Facility.
The petitioner shall obtain all permits necessary to
perform installation of the sewer line on Os§ood Street
and shall res;'ore the road to good condition using
materials approved by the Highway'Department and approved
by the Highway Superintendent.
The petitioner shall give adequate notice to all abutters
of any closing of the Road. and shall coordinate with the
North Andover School Department regarding construction
during school operating-hours.
Plans setting forth construction of the 'sewer line shall
be submitted to the Public Works and the Board of Appeals
for approval prior to construction.
The petitioner shall post a bond if required by the
Public Works and/or Highway Department in an amount
satisfactory to cover the performance of the sewer line
construction.
2. WATER
Prior to the issuance of a building permit for the life
care facility, the petitioner shall obtain approval from
the Town of North Andover Public Works and a certificate
that the town water source is adequate to provide 26,300
gallons of water per day. Failure to obtain said approval.
and certificate shall nullify this Special Permit.
Edgewood Life Care, Inc.
cont.
Page 3
Petitioner shall at its own expense install any necessary
water pipe to the site; the size, materials 'and location
shall be determined by the Public Works.
The petitioner shall obtain all permits necessary to
perform installation of the water line on Osgood Street
and shall restore the road to good condition using
materials approved by the High~ay Department and approved
by the Highway Superintendent.
The petitioner shall give adequate notice to all abutters
of any closing of the road and shall coordinate with-the
North Andover School Department regarding construction
during school operating hours.
Plans setting forth construction of the water line shall
be submitted to the Public Works and the Board of Appeals
for approval prior to construction.
The petitioner shall post a bond if required by the
Public Works and/or Highway Department in an amount
satisfactory to cover the performance of the water line
construction.
3. SOLID WASTE
The Special Permit is subject to the condition that the
estimated 50 cubic yards of solid waste per week shall be
removed by a contract disposal service with no impact
financial or otherwise upon the Town of North Andover.
4. TRAFFIC
The Special Permit is conditioned upon the following
relating to traffic:
During construction, all construction vehicles shall enter
and exit the site usg.nv the north portion of Osgood
Street, with entry on said Osgood Street from either
Prescott Street or at the intersection of Routes 125/133
(Chickering Rd. ~ Osgood St.). At no time during
construction shall vehicles use Stevens Street or the
southern portion of Osgood Street beginning at the
intersection of Stevens Street.
The petitioners shall post a sign on the property and
shall require any general contractor and subcontractor to
observe said conditions. The petitioners in accepting the
Special Permit agree to such conditions.
Edgewood LiEe Care, Inc. - cont.
Page 4
After completion of construction the following cohditions
shall be observed:
All delivery vehicles shall, use the northern portion of
Osgood Street with entry and exit at either Prescott
Street or at the intersection of Routes 125/133
(Chicke-ring Road and Osgood Street).
A sign shall be posted at the entrance/exit road
indicating a right turn only; A stop sign shall also be
posted.
A traffic island shall be installed at the entrance/-exit
road onto Osgood Street in such a manner requiring traffic
to make a right turn only. Plans for such traffic island
shall be approved by the Board of Appeals. Plans for the
entrance/exit road shall be approved by the Board of
Appeals.
WATERSHED CONSERVATION - DRAINAGE
The petitioner shall not construct any building within
50' from the watershed district. Ail plans shall'.be
submitted to the Board of Appeals for approval.
Prior to the issuance of a building permit for construc-
tion, the petitioner shall have the watershed boundary,
as set forth in the Zoning By-Law and as shown on the
plans submitted to the Board, delineated by erecting a
barrier of such material approved by the Conservation
Commission. Said boundary shall be certified by a
registered engineer and approved by the Building
Inspector.
At no time shall earth be moved nor heavy equipment be
used within 10' from said watershed boundary..
The Special Permit is conditioned upon the petitioner
obtaining approval from the Conservation Commission.
The Special Permit is conditioned upon the requirement
that ali surface drainage shall flow toward the Merrimack
River, away from Lake Cochichewick.
Surface drains shall be installed on the entrance/exit
road and the petitioner shall agree to provide at its
expense drainage on Osgood Street and Stevens Street
necessary as determined by the Highway Department.
Plans for said drainage on site, entrance/exit road and
off site shall be submitted to the Board of Appeals for
approval prior to construction.
At no time during construction shall run off enter any
Public way.
Edgewood Life Care, Inc. cont.
Page 5
6. CONSERVATION EASEMENT
In accordance with the offer of the petitioner, the
petitioner shall of£er to the Trustees of the
Reservations, some other agency or the Town of North
Andover, a conservation easement. Said easement shall
among other things provide that no construction shall
occur at any time within the Watershed District (between
the Lake and Watershed boundary shown on the plans) as
defined in Section 4.135 (3) of the Zoning By-Law ~n
effectat the issuance of this Special Permit and as
defined on the plans submitted to this Board.
Notwithstanding the foregoing, this Special Permit is
conditioned upon the condition that no construction shall
occur at any time within the Watershed District (between
the Lake and the Watershed boundary shown on the plan) as
set forth in Section 4.155 (5) of the Zoning By-Law in
effect at the issuance of this Special Permit, and as
defined on the plans submitted to this Board. The
existing dwelling on the northeast portion of the property
abutting the lake shall be subject to the provisions of
Section 9 Non-Conforming Uses of the Zoning.By-Law.
7. MISCELLANEOUS
The
abut
driv.
The
to t
cent
)etitioner shall at all times provide access by
:ers and persons having a right to use the existing
~way access to their property during construction.
PLANS
)etitioner shall prepare site plans ahd present same
~e Board of Appeals for approval. Said plans to
~in:
~rainage calculation, run off control, detention
areas (specifically storm water, salts and
pollutants);
Extent of excavation activity such as earth removal
permits and percent of disturbed land;
Erosion control program;
Tree cutting plan and detailed landscaping plan;
Road profiles, detailing grades, and area of cuts and
fills;
Phasing of development;
Watershed modifications, if any;
Monitoring review process for compliance with plans,
conditions and regulations;
Dedication of open space.
Said plans shall provide for minimal cutting 'of trees and
Edgewood Life Care, Inc. - cont. Page 6
shrubs along the access and on the site, All earth
removed shall be limited to the construction site of the
building and entrance/exit road.
The facility shall be constructed an! operated in
conformance with all State and Town statutes, codes,
by-laws, rules and regulations.
No future expansion of the facility beyond the submitted
proposal shall be permitted on this site.
The facility shall be constructed in a manner so as to
allow access to fire vehicles on all sides of the
building.
The petitioner.shall be required to plow the
entrance/exit road and remove snow if necessary and shall
limit the use of chemicals and salt for road maintenance
and snow/ice control.
The threshold question to be determined is whether the proposal
is a nursing or convalescence home as set forth in the Zoning
By-Law.
The Board finds that the proposed facility is a Nursing and
Convalescent home aslset forth in Sec. 4.121 (14} of the~Zoning
By-Law which allows nursing homes and convalescent homes in an
R-2 District by Special Permit.
In making this determination the Board finds that Massachusetts
General Laws Chapter 111 Section ?l is applicable as follows:
"...a convalescent or nursing home is defined as any
institution, however named, whether conducted for charity
or profit, which is advertised, announced or maintained
for the express or implied purpose of caring for four or
more persons.admitted thereto for the purpose of nursing
or convalescent care."
Further the Board finds that Massachusetts Department of
Public Health Regulations 10S CaR 1S0.001 is also applicable as
follows:
"...any institution, however named, whether conducted for
charity or profit, which is advertised, announced or
maintained with long-term resident nursing, convalescent
or rehabilitation care; supervision and care incident to
old age for ambulatory persons; or retirement home for
elderly persons. Long-term care facility shall include
convalescent or nursing homes, rest homes, infirmaries
maintained in towns and charitable homes for the aged."
The Board finds that the life care community proposed is a
nursing and convalescent home because it will have a Health
Edgewood Life Care, Inc. - cont.
Page 7
Center with a skilled nursing facility provid'ing nursing
convalescence and long term care (as further set forth in the
Memorandum which was received in evidence by the Board); and 245
living units of one two bedroom unY,ts designed for elderly
residents. The building(s) containing these living units will
also contain a central dining room where each resident is charged
for one meal each day and may choose to eat 3 meals each day.
All utilities, weekly housekeeping and Elat laundry service will
be included. A variety of support services are also included
such as personal care including bathing, dressing, medication
mopitoring as well as psychosocial support. Transportation
service will also be included. Lounge and activity areas will
be located throughout the complex for use by residents as
further defined in the Memorandum received in evidence by the
Board.
Based on the information submitted by the petitioners contained
in the application, the Memorandum, the Traffic Impact Analysis,
the Environmental Notification Form and the testimony at the
public hearing, the Board finds the following facts:
This project will be a nursing home/convalescent home in
the form of a life care community with living units
consisting of a broad spectrum of facilities for the
elderly. The residents will be offered living area,
health care support services and long-term care.
The site is located in a Residence 2 (R-Z) zoning
district. Section 4.121 (14) of the Zoning By-Law allows
nursing homes and convalescent homes in an R-2 district
by Special Permit.
The proposed facility is a nursing home complex offering
nursing and convalescent care to the elderly. The
elderly population of North Andover and surrounding areas
is in need of such a facility which offers a wide range
of living, health and social services.
Edgewood Life Care, Inc., which will own and operate the
facility, is a subsidiary of Life Care Services Corp.
(LCS). LCS has been developing and managing life care
communities for more than 25 years and has developed more
than 50 such communities across the country.
There will be 245 living units in the facility. A
central dining room will provide food service to the
residents. A broad range of social services will be
available, as well as residential health care services
involving wellness programs and assistance-in-living
services.
The on-site Health Center will provide for the :health
-needs of the residents with a 4S-bed, long-term care
Edgewood Life Care, Inc. - cont.
Page 8
facility and ambulatory health care services. A resident
needing nursing care will be accommodated without the
necessity o~ being transferred eEl-site. The nursing
facility will be licensed by the Massachusetts Department
of Public Health.
The total investment in the project will be substantial.
Since this is a private project, the Town will benefit
from the real estate taxes generated. The taxes will be
considerably more than those generated from a subdivision
of private houses.
These taxes would be available to the Town without the
necessity of the Town's providing many of the services
required for residences, such as plowing, tree service,
road maintenance and schooling for children.
It is expected that most of the employees will be
residents of this area.
In granting the Special Permit, the Board makes the following
findings and conclusions:
The Board has the power to grant the Special Permit under
the provisions of the Zoning By-'Law, Sections 4.121 (14),
10.22, 10.3 and 10.31.
2. All conditions set out in Section 10.31 are found to .be
met.
The site is a 59-acre parcel and,-therefore, has more
than sufficient area to accommodate the project. 0nly a
small portion will be used for the specific use, leaving
the rest as open space. The project is far more desirable
for the location and the Town of North Andover than a
traditional housing subdivision. The site will provide a
good setting for the project which will be architectur-
ally appropriate. It will be protective of the watershed
and will cover far less area than a traditional housing
subdivision. The site is appropriate for the use and
buildings.
Since only a small portion will be dedicated to the
specific use, the neighborhood will not be adversely
affected. The building and ancillary facilities will be
sited well back from the public road. The siting and
architecture will be such as to allow the facility to
blend in with the location and the neighborhood.
There will be some increase in traffic, as would be
expected with any development of the site. The increase
can be characterized as light to moderate, particularly
when compared with the flow of traffic in a residential
Page 9
Edgewood Life Care, Inc. - cont.
development. The public will not have general access to''~'., ~ ""
the site. There will be no small children in the area as''
a result of the proposed use.
6. An investment in the amount set out requires that adequate
and appropriate facilities will be provided for the proper
operation of the proposed use. The Health Center com-
ponent must be built to satisfy the requirements of the
Department of Public Health and all state fire, safety,
and building codes. Municipal water supply is available
to the site and at the expense of the petitioner if
necessary. The Eacility will be tied into the public
sewer system at the expense of the petitioner and,
therefore, at no cost to the town. .
7. The use is in harmony with the general purpose and intent
of the Zoning By-Law. The proposed use is a permitted use
under the BM-Law bM Special Permit.
Meeting adjourned at 9550 p.m.
Next regular meeting on January 13, 1987
Taylor ~Clerk
Al~f r~E~Fr ~l rman