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HomeMy WebLinkAboutMiscellaneous - Edgewood RetirementC�,W oo El 4013 13Vss A"li fmA due aa- '75 '� I i r- Town of North Andover ZONING BOARD OF APPEALS \lbcrt P. Manzi 111, Escl. Chairman l:;llcn P. Ntchl",rc, 17<e -C l6airm,rn Richard J 13vers, Esq. Clerk joselth D. 1 aGnisse. [);n -id IZ. Webster 1Luo,-a1e,V embers Phomas D. Ippolito Richard tit. \Tail]aucourt Daniel S. Braese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. Notice of Decision Year 2007 14, n t I,- I'nwn Clerk Tune suimp 40A, §17 Property at: 57.5 & 549 Osgood Street NAME: Edgewood Retirement Community, Inc. HEARING(S): November 13 & December 18, 2007 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 18"' 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.I (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, III, 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 2" d 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 2"d 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: O MA 10845 Site Plan Title: Zoning Board of Appeals Plan located in North Andover, MA., Record owner Notice of Decision Year 2007 14, n t I,- I'nwn Clerk Tune suimp 40A, §17 Property at: 57.5 & 549 Osgood Street NAME: Edgewood Retirement Community, Inc. HEARING(S): November 13 & December 18, 2007 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 18"' 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.I (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, III, 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 2" d 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 2"d 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 Os-ood 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 1 - 2 Page I of 3 1600 Oscood St., 131dg 20 - Suite 2-36. North Andover. MA 0 184 5 Phone - 978-688-9541 Fax - 978-68,9-9542 Web - w,\,..w.tow-nofiiorUiandover.com " f_A Albert P. Nlanzi 111, Esq. CGahwian 1311en P. \1cbityrc, l 'ire-(,l)airman Richard 1. Byers, Esq Clergy; loseph 1). LaGrasse David R. Webster Assorialr Alembeis 'lluoinas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, 13sq. Town of NorthAndover ZONING BOARD OF APPEALS o'��4eD•6'•~O\ 0 o go� i "`; : 1 v C� Town Clork Time Sump Building Plan Title: Conceptual Cottage Plans Unit F By: [DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 20013, Concord, MA 01742-1873] Date: 9.26.07 Sheet/Drawing: Milk Barn: Proposed I` Floor Plan, Milk Barn: Proposed 2ndFloor 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, Ill. 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.I (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 01 8-45 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.to-,A,nofnorthandover.cotn tt Albert T?. Manzi III, Lsq. Chairman Filen P. McIntyre, fire -Chairman Richard j. Byers, Esq. Clerk. joseph D. 1..aGrasse David R. Webster lls.wiale ATemberr Thomas D. Ippolit:o Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover ZONING BOARD OF APPEALS ?v t�`6V i6ae 0\ O A �JU'G z " ^ n '' ?' v i U �Jlt v• vt' 1'ii� l: __ Town Clcrk "Time Stamp 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. Nort Andover Zoning Boa4 of Ap a A"rt P. Manzi, III, Esq., Chairman It 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 2-16_ North Andover..MA 01845 Phone - 978-688-9541 Fax - 978-088-9542 Web - x�nNlv.townotinorthandover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Lire-C%airman Richard 1. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members 1lhomas D. Ippobto Richard M. Vaillancourt Datuel S. Braese, Esq. Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS 0 North Andover, Board of Appeals Legal Notice 2007 OCT 18 PH 33: 03 r Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13th of November, 2007 at 7:30 PM to all parties interested in the applications 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') that the proposed change, extension, or alteration of said pre-existing, non -conforming structure shall not be substantially more detrimental than the existing conforming uselstructure to the neighborhood. 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, Building 20, Suite 2-36, North Andover, MA 01845 Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi, III, Chairman UW C O_OL O C•6E L 01•-L i G1 Qi U)Y tO C CIZ5--"O 2 N O)N. O-6 C y'O C -IO >.-6 .•i -.V M >�O���°g-'!N8C1 -CL cd �p CCO y Od�-0 CL ��OLU�N'ON 8-c3 `•N_EI- W 28 n o>>�a� E^� yo'nnc >ca °E=�cE`o°�'�alYocno— o. m 0 o F y N a�a cyL_ZF oa w yufN aIZ > > olm aLi cd o� al�j �•�a ° �U c°a nom EO m c E o o�'3in9 nyl�Zoli nc•-'o coon¢ o m cZo ° • o m rn`: % cn� - 5 - - _.ca o.. w 2-- _ orn � vQo��oL�S�°ona� NCCIarn��aCdaCiCoEbl �cc°mmpyN� n Z 00) Nur. �rn>a) Q�'r0.2 Ze c ¢ ¢ oar v o* U a�, c �l« •c._•- n o._m co 0 Q+-ZL`om—o13��r��� �o ¢a° Ni°•ymo3To¢ccca ���x.00�c�°°.oE3m. ��L°o°mho°>aa r0A WZ .3 `Fr -Mn y•ap.0 pl�aiJ2 O)OpN COO NOr ._�.-.00C6.0.0 Qr O>.WU 0�.-�'D rDmN �k-OmON N CIO y Cn `-Od0.00 W� '�Ct Y LOftl y-. l6 O to 7 'i N(0 fCr O.0 I O10JYw ONOO >OO R3 O aDNU0•-•p`IO-017 `•NU mm QO«OY �Y OC«OO.O OONm O N>. M— O c a� =Nm E >a/._ ° gam' c c E oca._ °E _,w.0 ct° c3maim >-,of ¢ o � Zm Or C �.L `p C'O >, �: 0' OIEGI fd .0 ) y_ N `L_ E CIC'C O.10 i1 .`�C N N N.` y� � O.- mM lO O U O±°� `m I LU zcaOn cac a� o cn m._ c c.cY oro'O.Xo0a•xN•�cnOcma�a'>N ° F J _N¢ � �2¢0a as�WUl�i���¢ c0 U) � V E X n 3 n�UILL a-6d� v m d fav al ° c !� 004 oVJ tn¢�aco W Legalnotice 2007-022. M36P3,17,18,& 19.. 1600 Osgood Street, Building 20 -Suite 2-36, North Andover, Massachusetts 01845 r Phone - 978-688-9541 V Fax - 978-688-9542 Web - www.toNvnofnorthandover.com Town of North Andover Town Clerk Time Stamp 0 w ZONING BOARD OF APPEALS � r_,,,, �;SCE E.o� Albert P. Manzi III, Esq. Chairman NORTif Ellen P. McIntyre, Vice -Chairman F q 9tt Richard3 Byers, Esq' Clerk o� Iii 3: 03 Toseph D. LaGrasse p David R. Webster Assodate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. SSACHus� North Andover, Board of Appeals Legal Notice Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13"h of November, 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, MA requesting a for a Special Permit from Section 9, Paragraph 9.1 of the Zoning Bylaw in order to change the use of a pre-existing, non -conforming milk barn which lies within the 100' setback perimeter of the Continuing Care Retirement Center in order to alter/rehabilitate the barn into a two family dwelling and a Finding from Section 13.5.d.I (Continuing Care Retirement Center Perimeter Setback of 100') and Paragraph 9.1 that the proposed change, extension, or alteration shall not be substantially more detrimental than the existing conforming use to the neighborhood. 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, Building 20, Suite 2-36, North Andover, MA 01845 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 October 22 & October 29, 2007. Legalnotice 2007-022. M36P3,17,18,& 19.. 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01 845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.tovmofnorthandover.com Town of North Andover Town ClerkTirrie Stamp ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice-ChairmanNORTH ®� Richard . Byers, Esq.Clem �a-0 .. q oc Joseph D. LaGrasse O to David R. Webster F- p Associate Members y Thomas D. Ippolito °04q . .< .. Richard M. Vaillancourt Ir 45 Daniel S. Braese, Esq. �" Ss C►+us�� North Andover, Board of Appeals Legal Notice Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street, North Andover, MA on Tuesday the 13'' of November, 2007 at 7:30 PM to all parties interested in the applications 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') 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. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street, Building 20, Suite 2-36, North Andover, MA 01845 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 October 22 & October 29, 2007. Legalnotice 2007-022. M36P3,17,18,& 19.. 1600 Os,good Street; Building, 20 -Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - ww�,v.townofnortliandover.com Date . �(.-5... l TOWN OF NORTH ANDOVER RECEIPT This certifies that . P.. �a.t!! E' f1..V.:.f�.�11 6�. �.... �.. il►!................ has paid. vv....0 .k, ....... %.....�f ...,,.?.-�� for ... ......�....r!J'1,1.�/T�/... �✓..��r+..�S�d1�� Received by ..... V!..!! !!.....2, .... .................. ............... Department ................. d -...%--....'............"V................. WHITE: Applicant CANARY: Department PINK: Treasurer ZBA S 477 :s o ... / Date TOWN OF NORTH ANDOVER RECEIPT This certifies that Oe. to J4. ...lJ. ........... has paid ... E�.�7�t%..-!..... CK for. e.t�,'a..t<X1�T....„\f. f?."..?. ................ Receivedby ...... .. � 1 ........ :............. ....................... Department....4A ............................ �................................`, d { ...... WHITE: Applicant CANARY: Department PINK: Treasurer 10/11/07 12053 NORTH ANDOVER, TOWN OF DEVINE, MILLIMET & BRANCH REMITTANCE ADVICE CHECK NO.: 14256 DATE INVOICE NUMBER DESCRIPTION MATTER # AMOUNT 10-11-07 ZONING- ZONING-EDGEWOOD-RWLAV 14327-65499 250.00 U ocl 1 1 [UUP r BOARD OF APPEALS TOTAL: 250.00 1 Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0063 Date: October 17, 2007 kPPUCATION TYPE: SUBMISSION DATE: Commercial Special Permit Tue Oct 16, 2007 Applicant's Name: NAME: SITE ZONING: Ed "mod Redmment Commun ADDRESS: SECTION OF BYLAW: 676 Osgood West 8.1 TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 01846 PHONE NO.: FAXNO.: 78 7253300 VOTING DEADLINE: EMAIL ADDRESS: Rita Ini mn*inn• Owner's Name: NAME: SITE ZONING: Ed wood Retirement Community ADDRESS: SECTION OF BYLAW: 676 Osgood Street 8.1 TOWN: STATE: ZIP CODE: NORTH ANDOVER MA 1 01846 PHONE NO.: FAX NO.: 78 723-3300 VOTING DEADLINE: EMAIL ADDRESS: Work Location.: SITE ZONING: 676 OSGOOD STREET DECISION DRAFT BY: TOWN: SECTION OF BYLAW: NORTH ANDOVER, MA 01846 8.1 GIS # MAF BLOCK,LOT: HEARING DATE: Tue Nov 13, 2007 ACTION TAKEN: 1740 038 O 1 0003 HEARING TIME: VOTING DEADLINE: Reason for filing: SP from 9.1►n order to ®Ite0ehebl►►tate pre-Ws&g non-confwming milk bam wnhln the 100' perimeter of the CCRC 13.6.d.1 and Finding dial proposed use is not more deWmmenW than existing. HARDSHIP: FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE-- ATEREFERRALS REFERRALSIN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE: FIRST ADVERTISING DATE: HEARING DATE: Tue Nov 13, 2007 VOTING DATE: DECISION DATE: SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE: MEMBERS PRESENT: VOTE: MINUTES OF MEETING: GeoTMS91888 Des Lauriem & Associates, Inc. " C:E~ IV E D :w. N I �� . Town of North Andover Of ``'4: Y� �._ ; ' ; �: Office of the Planning Department 2008 JAN 23 PM It: 21 Community Development and Services Division 1600 Osgood Street T O'v 'N Oi- North Andover, Massachusetts 01845 H0 R T' F AIL,0:0VF MASSACHU"C'1 TS 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 Bearings: 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.£ 2 -story Cognitive Impaired Unit 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 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: o ,/fa{• Orth Andover PI 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 - {14327165499\A0156390.1 } Special Permit — CCRC Edgewood Retirement Community, Inc. 575 and 549 Osgood Street Map 36, Parcels 3,17,18,19 January 15, 2007 F'ECEWED 0Lt.l!.; CL Y"•"§jf"CJ riFFICE f The Planning Board herein approves the Site Plan Review Special Permit for the ccW-] n t�V� t ' two (22) attached and single-family cottage style residential units with attached garages, theonyersion of the "Milk Barn" structure to two residential units, one in an existing single family P e"„K,4 4 �Od. House), a 720 s.£ greenhouse, a 16,537 s.£ 2 -story Cognitive Impaired Unit -facility a °` i`t ,' ' 2. . � � F �� "Bistro" dining area/employee lounge facility addition, a 1,749 s.f. Social Day program 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.f.) 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 j 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, 10.31, 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 project: 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 t 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 strictures 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 teems 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; 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 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, 1.8, 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 shall 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 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' 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 . i-tE-CE1 D CrrFN (..f._GP,K'FF ( � JAN 23, P►I 21 f'� Fltl O NORTH PIASSACH DC�k wr; ic f 1 ippolito, Mary Frgm: Robert W. Lavoie [rlavoie@devinemillimet.com] Se t: Friday, May 16, 2008 9:19 AM. To: Daley, Lincoln; Ippolito, Mary; Wedge, Donna Cc: Marlene Rotering; David Mermelstein; gino baroni; Kevin Tremblay; Maria Mason Subject: Recording of Edgewood permits 20080516091843[U nsaved].pdf Lincoln, Mary and Diane Below please find the info on the Recording of the 3 core Edgewood permits (Registry Receipt attached) Conservation Commission: Order of Conditions Book 11180 Page 224 #12797 5/15/08 3:22 p.m. Planning Board: Notice of Decision Book 11180 Page 257 #12798 5/15/08 3:22 p.m. Notice of Decision Book 11180 Page 269 #12799 5/15/08 3:22 p.m. 'Mary and Diane Kindly advise and/or forward the particular bond posting document forms needed to accompany the checks payable to the Town of North Andover; if I need to pick them up, please let Maria know and she'll send someone over to pick them up from 1600 Osgood Thanks, Bob Robert W. Lavoie Devine, Millimet & Branch 978 475-9100 (voice) 978 470-0618 (fax) United States Treasury Regulation Circular 230 requires that we inform you that, unless expressly stated otherwise, any United States federal tax advice contained in this email, including any attachments, is not intended or written to be used, and cannot be used, by any person for the purpose of avoiding any tax penalties imposed by the Internal Revenue Code of 1986, as amended. 1 V DEVINE MILLIMET ATTORNEYS AT L A W October 14, 2010 North Andover Zoning Board of Appeals Attn: Attorney Albert P. Manzi III, Chairman 1600 Osgood Street, Suite 2-36 North Andover, MA 01845 ROBERT W. LAVOIE 978.475.9100 RLAVOIE@DEVINEMILLIMET.COM D R@ R 0 W D 0(;+ 1 e 7010 Re: Request for Extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022 (Special Permits) Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA Dear Chairman Manzi and Members of the ZBA: This Request for Extension of Time is made in connection with the ZBA's Minor Modification of Decision 2007-022, which Minor Modification was filed with the North Andover Town Clerk's office on May 20, 2009. Application is hereby made that the Board of Appeals extend the time within which the Confirmatory Preservation Restriction (more fully described below) may be completed and submitted to the Board of Appeals; we hereby request that the time be extended through April 30, 2011 from its current time frame of November 28, 2010 (the date 6 months from the date of issue of the ZBA's May 28, 2010 decision). By way of background, in April 2009 the Board of Appeals heard the application of Edgewood Retirement Community, Inc. to modify Decision 2007-022 (for Special Permits) and caused the attached Minor Modification to be filed with the North Andover Town Clerk's office on May 20, 2009. In essence, the Board of Appeals allowed Edgewood Retirement's request to replace the words "alter/rehabilitate" with the words "raze/construct" the pre-existing, non -conforming milk barn for residential use. In connection with its 2009 Minor Modification Application, Edgewood Retirement (even though the Milk Barn was the structure involved in Decision 2007-022) had volunteered, and the various Boards of the Town of North Andover were agreeable, that the more historically significant building known as the Deacon John Osgood House located at 547 Osgood Street, North Andover have the benefit of a Historic Preservation Restriction. The Board of Appeals was agreeable, and the proposed terms of the Historic Preservation Restriction were incorporated into the Board of Appeals 2009 Minor Modification calling for an initial restriction term of not less than 30 years. By the time of the Board of Appeals' hearing, the Historic Preservation Restriction dated April 13, 2009 (014327X5j� 9.90111 AY) 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & ANNN CCC S yy PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVI N EMI LLIMET. COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 October 14, 2010 Page 2 had been signed by Edgewood Retirement and was duly approved and signed by the North Andover Historical Society. In connection with Edgewood Retirement's voluntary offer to grant such a thirty year Historic Preservation Restriction, Edgewood Retirement also agreed to cooperate with the Town of North Andover (by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historic Commission and the Board of Appeals) to secure an additional Confirmatory Preservation Restriction to restrict the Deacon John Osgood House in perpetuity, or for as long as allowed by law. This was confirmed and memorialized in Condition 2 of the Board of Appeals' 2009 Minor Modification. Condition 2.a described a process by which the Confirmatory Preservation Restriction would be brought forward at a future public hearing of the Board of Appeals so that the Board of Appeals could make findings that the terms and conditions contain within the 2009 Minor Modification had been conclusively satisfied. It was required that said public hearing would be docketed by the Board's chairman or a majority of its members as described by its rules on or before one year from the date of issue of the 2009 Minor Modification, unless extended by the Board of Appeals emphasis added). At the ZBA hearing on May 18, 2010, the ZBA extended the time under Condition 2 for 6 months, through November 28, 2010; an extension through April 30, 2011 should be sufficient. The purpose of this correspondence is to respectfully request that the Board of Appeals extend the Condition 2 time frame in order for Edgewood Retirement to arrange for the finalization, signing, and acceptance of the Confirmatory Preservation Restriction by the several parties necessary in order to have the Confirmatory Preservation Restriction be perpetual under Massachusetts General Laws. As more fully described below, the process of negotiating and arranging for Confirmatory Preservation Restriction is quite involved, and additional time will be needed to complete what has become a slightly complex process. In support of this request for the grant of an Extension of Time, Edgewood Retirement respectfully submits that the time and effort necessary to comply with Condition #1 (as to the grant of the 30 year Historic Preservation Restriction) took longer than originally anticipated. Edgewood Retirement promptly appeared before the North Andover Board of Selectmen on April 27, 2009 and secured the Selectmen's approval of the 30 year Historic Preservation Restriction. However, the process of finally arranging the acceptance of a duly eligible recipient of the Restriction took several additional months, but was successfully accomplished by September 30, 2009, when The Trustees of Reservations signed its acceptance of the 30 year Restriction. On the very next day, October 1, 2009, the Historic Preservation Restriction was duly recorded with the Essex North District Registry of Deeds at Book 11786 Page 282, which was promptly followed by the submission of the North Andover Zoning Board of Appeals and the Building Inspector's office with. a certified copy of the same. {014327\065499\A0231399.1 } October 14, 2010 Page 3 Under Massachusetts law, the 30 year Historic Preservation Restriction is limited to an initial term of thirty years, but like any other restriction it can be renewed for an unlimited number of 20 year periods of time for as long as the Holder of the Restriction so desires. However, to make such Restriction perpetual, it is necessary to comply with MGL c. 184 §31 which involves obtaining the additional approval of the Massachusetts Historical Commission. The process of petitioning the Massachusetts Historical Commission is long and detailed, and Edgewood Retirement has been pursuing that process for some time, and needs a little more time to complete the process. Edgewood Retirement continues to cooperate with The Trustees of Reservation and the Town of North Andover in order to process the Application to the Massachusetts Historic Commission in order to seek to make the Restriction as perpetual as possible under Massachusetts General Laws. In any regard, the current Historic Preservation Restriction recorded on October 1, 2009 can conceivably be viewed as permanent, in that all that is required is to renew the same for additional 20 year periods, the first such extension to be made prior to the 30 year expiration from the October 1, 2009 recording date of the 30 year Historic Preservation Restriction attached hereto. In summary, Edgewood Retirement respectfully requests that it be afforded the additional necessary time to finalize and obtain approval from the Massachusetts Historical Commission of the Confirmatory Preservation Restriction; an extension through April 30, 2011 should be sufficient. Kindly place this matter for hearing at your November 2010 Meeting of the Board of Appeals, so that we can answer any questions that there may be relative to this Request for Extension of Time. Very truly yours, EDGEWOOD RETIREMENT COMMUNITY, INC. BY ITS ATTORNEYS, DEVINE MILLIMET & BRANCH, P.A. By: WeW. av e RWL:mm cc: Dominic Scalese, Esq. (0 1 4327\065499W231399.1) Albert R Manzi Ill, 1 -`sq. Chairman Eden P. NiclimIrc, 1/ire-Chairman Richard ). Byers, Esq. Clerk Joseph D. I,a(,rassc Richard N4. Vaillancourt Associate MemrGers Phomas D. Ippolito Daniel S. Braesc, F? q. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS AORTH Ott Sao .a gti0 0 A �q,Tto t'PP`,�5 ��SSACHUSti� Notice of Decision Year 2010 -_ =;, @ Vit- 2� �. .._e r'1 L �Jf ri1, tl I 1 �s' v� This is to cer* Oydays have elapsed from date of decision, filed without filing of an_�!ppeal. Date /VIU 1S'. db -/ o Joyce A. Bradshaw Town Clerk Property at: 575 Osgood Street North Andover, MA 01845 NAME: Edgewood Retirement Community, Inc., HEARING(S): May 18, 2010 ADDRESS:575 Osgood Street, North Andover, MA 01845 PETITION: 2007-022 The North Andover Board of Appeals held a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday, May 18, 2010 at 7:30 PM upon the application of Edgewood Retirement Community, Inc., (Map 36, Parcel 3), North Andover, MA requesting a 6 month time extension of condition 2.a pursuant to a Variance granted by time extension of the Variance granted by the North Andover Zoning Board Of Appeals on May 20,2009 and was recorded at the Essex North Registry of Deeds Book on October 2,2009, 11786 page 298 928548. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J Byers, and Richard M. Vaillancourt. The following Associate members were present: Thomas D. Ippolito, and Daniel S. Braese. The Zoning Board of Appeals voted to approve the request of the extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022 at the regular May 20, 2009 meeting upon a motion by Richard J. Byers to approve the extension and second by Richard M.Vaillancourt. Mass. Gen. L ch 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months. Not to exceed 6 months from date of time stamped. Those voting in favor were Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt, and Daniel S, Braese. The motion was unanimously approved. All terms and conditions of the above referenced Decision shall remain in full force and in effect. A True Copy Twxp Clerk Nortfl ndover Zoning P6ard of Appeals AlbP.. Manzi III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S, Braese Decision 2007-022 Page 1 of l Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Tice -Chairman Richard J. Byers, Esq. Clerk of %O DTH 1 ^9 Joseph D. LaGrasse oL Richard M. Vaillancourt Associate Members — y x ,� Thomas D. Ippolito Daniel S. Braes -e, Esq. Z_.o ♦PP �5 VSs Michael P. Liporto ae►+u5E� This is to certify that twenty (20) days have elapsed from date of decision, filed without filing of anappeal. ���lE l Date._J IAOR, Minor Modification to Notice of Decision Year 2007 Joyce A, BP6drhaw Town Clerk Decision Address: 575 Osgood Street Town Clerk Time'Smmp NAME: Edgewood Retirement Community, Inc., MODIFICATION DATE: April 14, 2009 ADDRESS: 575 Osgood Street, PETITION: 2007-022 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre- existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse',, Richard J. Byers, Albert P. Manzi, III, and Richard M_ Vaillancourt_ The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2°d by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Page 1 of 3 ATTEST: A True Copy Tewn Clerk 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albert P. Manzi III, Esq. Cbairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippohto Daniel S. Braese, Esq. Michael P. L.iporto Town of North Andover ZONING BOARD OF APPEALS r:1wi-IXal a NO)- O9 s � r CONDITIONS Town Clerk Time Stamp 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the Trustees of Reservations, North Andover Historic Commission, or another duly eligible recipient, a Historic Preservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years; with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction (recorded with the Registry of Deeds), and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department, this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure, and cooperate with, the Town of North Andover by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historical Commission, and the Board of Appeals, and the aforementioned Eligible Recipient, in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House (as described in the aforementioned paragraph) in perpetuity, or for as long as allowed by law. a) The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s) and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall fmd: 1) The terms and conditions contained within this Modification Decision have been conclusively satisfied; Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one (1) year from the date of issue of this Modified Decision, unless extended by the Board of Appeals b) Failure of the Petitioner to satisfy the terms and conditions of and for this Modified Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public hearing whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18, 2007 shall remain in full force and effect. c) As and when all of the signatories to the Confirmatory Preservation Restriction, including but not the limited to the Massachusetts Historical Commission, reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction, as evidenced by the document(s) itself, the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian, the Town of North Andover, and the Board of Appeals; and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementionedpublic hearing that the conditions as set forth herein have been fully satisfied. Page 2 of 3 Ii J 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Dice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS O'tt neo �a •ry0\ O 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): 3/10/09 Registered Professional Land Surveyor: Town Clerk Time Stamp Site: 575 Osgood Street (Map 36, Parcel 3), 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): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi., 160 Summer St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By.- DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A. L 1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Proposed V Floor Plan A- 1. 1, , #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2, , #15 &#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land Stephen M. Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham, Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M_ Vaillancourt. r�'7 � _'U04/�a"v -zw- Noith, ,Nndover Zoning Board of Appeal Albert P- Manzi, III, Esq., Chairman Eben P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022. M36P3. 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.townofnorthandover.com DEVIN MILLINiET ATTORNEYS AT LAW October 14, 2010 North Andover Zoning Board of Appeals Attn: Attorney Albert P. Manzi III, Chairman 1600 Osgood Street, Suite 2-36 North Andover, MA 01845 ROBERT W. LAVOIE 978.475.9100 RLAVOIE@DEVINEMILLIMET.COM o � pc i 1 2010 BOQR� OF APPEALS Re: Request for Extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022 (Special Permits) Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA Dear Chairman Manzi and Members of the ZBA: This Request for Extension of Time is made in connection with the ZBA's Minor Modification of Decision 2007-022, which Minor Modification was filed with the North Andover Town Clerk's office on May 20, 2009. Application is hereby made that the Board of Appeals extend the time within which the Confirmatory Preservation Restriction (more fully described below) may be completed and submitted to the Board of Appeals; we hereby request that the time be extended through April 30, 2011 from its current time frame of November 28, 2010 (the date 6 months from the date of issue of the ZBA's May 28, 2010 decision). By way of background, in April 2009 the Board of Appeals heard the application of Edgewood Retirement Community, Inc. to modify Decision 2007-022 (for Special Permits) and caused the attached Minor Modification to be filed with the North Andover Town Clerk's office on May 20, 2009. In essence, the Board of Appeals allowed Edgewood Retirement's request to replace the words "alter/rehabilitate" with the words "raze/construct" the pre-existing, non -conforming milk barn for residential use. In connection with its 2009 Minor Modification Application, Edgewood Retirement (even though the Milk Barn was the structure involved in Decision 2007-022) had volunteered, and the various Boards of the Town of North Andover were agreeable, that the more historically significant building known as the Deacon John Osgood House located at 547 Osgood Street, North Andover have the benefit of a Historic Preservation Restriction. The Board of Appeals was agreeable, and the proposed terms of the Historic Preservation Restriction were incorporated into the Board of Appeals 2009 Minor Modification calling for an initial restriction term of not less than 30 years. By the time of the Board of Appeals' hearing, the Historic Preservation Restriction dated April 13, 2009 (014327AJ� 9k�1f1L%'T) 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH & A CCC FFFiii �Y 1 PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMILLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 ri October 14, 2010 Page 2 had been signed by Edgewood Retirement and was duly approved and signed by the North Andover Historical Society. In connection with Edgewood Retirement's voluntary offer to grant such a thirty year Historic Preservation Restriction, Edgewood Retirement also agreed to cooperate with the Town of North Andover (by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historic Commission and the Board of Appeals) to secure an additional Confirmatory Preservation Restriction to restrict the Deacon John Osgood House in perpetuity, or for as long as allowed by law. This was confirmed and memorialized in Condition 2 of the Board of Appeals' 2009 Minor Modification. Condition 2.a described a process by which the Confirmatory Preservation Restriction would be brought forward at a future public hearing of the Board of Appeals so that the Board of Appeals could make findings that the terms and conditions contain within the 2009 Minor Modification had been conclusively satisfied. It was required that said public hearing would be docketed by the Board's chairman or a majority of its members as described by its rules on or before one year from the date of issue of the 2009 Minor Modification, unless extended by the Board of Appeals (emphasis added). At the ZBA hearing on May 18, 2010, the ZBA extended the time under Condition 2 for 6 months, through November 28, 2010; an extension through April 30, 2011 should be sufficient. The purpose of this correspondence is to respectfully request that the Board of Appeals extend the Condition 2 time frame in order for Edgewood Retirement to arrange for the finalization, signing, and acceptance of the Confirmatory Preservation Restriction by the several parties necessary in order to have the Confirmatory Preservation Restriction be perpetual under Massachusetts General Laws. As more fully described below, the process of negotiating and arranging for Confirmatory Preservation Restriction is quite involved, and additional time will be needed to complete what has become a slightly complex process. In support of this request for the grant of an Extension of Time, Edgewood Retirement respectfully submits that the time and effort necessary to comply with Condition #1 (as to the grant of the 30 year Historic Preservation Restriction) took longer than originally anticipated. Edgewood Retirement promptly appeared before the North Andover Board of Selectmen on April 27, 2009 and secured the Selectmen's approval of the 30 year Historic Preservation Restriction. However, the process of finally arranging the acceptance of a duly eligible recipient of the Restriction took several additional months, but was successfully accomplished by September 30, 2009, when The Trustees of Reservations signed its acceptance of the 30 year Restriction. On the very next day, October 1, 2009, the Historic Preservation Restriction was duly recorded with the Essex North District Registry of Deeds at Book 11786 Page 282, which was promptly followed by the submission of the North Andover Zoning Board of Appeals and the Building Inspector's office with a certified copy of the same. {014327\065499\A0231399.1 } October 14, 2010 Page 3 Under Massachusetts law, the 30 year Historic Preservation Restriction is limited to an initial term of thirty years, but like any other restriction it can be renewed for an unlimited number of 20 year periods of time for as long as the Holder of the Restriction so desires. However, to make such Restriction perpetual, it is necessary to comply with MGL c. 184 §31 which involves obtaining the additional approval of the Massachusetts Historical Commission. The process of petitioning the Massachusetts Historical Commission is long and detailed, and Edgewood Retirement has been pursuing that process for some time, and needs a little more time to complete the process. Edgewood Retirement continues to cooperate with The Trustees of Reservation and the Town of North Andover in order to process the Application to the Massachusetts Historic Commission in order to seek to make the Restriction as perpetual as possible under Massachusetts General Laws. In any regard, the current Historic Preservation Restriction recorded on October 1, 2009 can conceivably be viewed as permanent, in that all that is required is to renew the same for additional 20 year periods, the first such extension to be made prior to the 30 year expiration from the October 1, 2009 recording date of the 30 year Historic Preservation Restriction attached hereto. In summary, Edgewood Retirement respectfully requests that it be afforded the additional necessary time to finalize and obtain approval from the Massachusetts Historical Commission of the Confirmatory Preservation Restriction; an extension through April 30, 2011 should be sufficient. Kindly place this matter for hearing at your November 2010 Meeting of the Board of Appeals, so that we can answer any questions that there may be relative to this Request for Extension of Time. Very truly yours, EDGEWOOD RETIREMENT COMMUNITY, INC. BY ITS ATTORNEYS, DEVINE MILLIMET & BRANCH, P.A. By: RXeA W. av e RWL:mm cc: Dominic Scalese, Esq. (014327\065499\,x.0231399.1) Town of North Andover ZONING BOARD OF APPEALS Albert P. I Ianzi 111, 1 -`sq. Chairman %llcn P. NIelnn'rC, fire -Chairman HEARING(S): May 18, 2010 Richard J. Bycrs, L;sq. Clerk pF ANO oT e q tO Joscph D. I.aGras Sc �� � 0 Richard IM. Vaillancourt Assoeiale Members A r s 'Phomas D. Ippolito * �"' 4"t c Daniel S. Hracse, Fsq. �SSAC Michael P. Liporto HUSE� Notice of Decision Year 2010 201011A 2"', 18 I i 3 1'iutI ' This is to ce*lht� 4Liff oyvays have elapsed from date of dedslon, filed without filing of an�ppeal. Date _Jv4jJld6�o Joyce A. Bradshaw Town Clark Property at: 575 Osgood Street North Andover, MA 01845 NAME: Edgewood 12etirement Community, Inc., HEARING(S): May 18, 2010 ADDRESS:575 Osgood Street, North Andover, MA 01845 PETITION: 2007-022 The North Andover Board of Appeals held a public hearing at the Senior Center, 120R Main Street, North Andover, MA on Tuesday, May 18, 2010 at 7:30 PM upon the application of Edgewood Retirement Community, Inc., (Map 36, Parcel 3), North Andover, MA requesting a 6 month time extension of condition 2.a pursuant to a Variance granted by time extension of the Variance granted by the North Andover Zoning Board Of Appeals on May 20,2009 and was recorded at the Essex North Registry of Deeds Book on October 2,2009, 11786 page 298 428548. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J Byers, and Richard M. Vaillancourt. The following Associate members were present: Thomas D. Ippolito, and Daniel S. Braese. The Zoning Board of Appeals voted to approve the request of the extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022 at the regular May 20, 2009 meeting upon a motion by Richard J. Byers to approve the extension and second by Richard M.Vaillancourt. Mass. Gen. L ch 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise of such rights for a period not to exceed six months. Not to exceed 6 months from date of time stamped. Those voting in favor were Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt, and Daniel S, Braese. The motion was unanimously approved. All terms and conditions of the above referenced Decision shall remain in full force and in effect. ATTEST: A True Copy Town Clerk North ndover Zoning ,ard of APPS Alb P. Manzi III, Esq., Chairman Ellen P. McIntyre, Dice Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S, Braese Decision 2007-022 Page 1 of I Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. Nfclntyre, Vice -Chairman NORTf{ Richard J. Byers, Esq. Clerk Of Hti °'° 10 Joseph D. LaGrasse 3? 6tt. 0 Richard M. Vaillancourt Associate Members Fo. — A Thomas D. Ippolito41 * �o f e Daruel S. Braese, Esq. 40 9SSgc►+USE� Michael P. Liporto This is to certify that twenty (20) days have elapsed from date of decision, filed without filing of anappeal. Date__ynJC vZOR'nrlnor Modification to Notice of Decision Year 2007 Joyce A• ®rildshaw Town Clerk Decision Address: 575 Osgood Street Town Clerk Time Stamp NAME: Edgewood Retirement Community, Inc., MODIFICATION DATE: April 14, 2009 ADDRESS: 575 Osgood Street, PETTI'ION: 2007-022 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre- existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Richard M Vaillancourt_ The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Page 1 of 3 ATTEST: A True Copy Town Clerk 1600 Osgood St., Bldg 20 -Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofporthandover.com Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Cbairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk r10RTF{ v J ; ' ,, ott�``o '° gti0 `' U _ Joseph D. LaGrasse Richard M. Vaillancourt o p Associate Members 4 Thomas D. Ippohto Daniel S. Braese, Esq. Michael P. Liporto 9SSACMuse S Town Clerk Time Stamp CONDITIONS 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the Trustees of Reservations, North Andover Historic Commission, or another duly eligible recipient, a Historic Preservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years; with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction (recorded with the Registry of Deeds), and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department, this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure, and cooperate with, the Town of North Andover by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historical Commission, and the Board of Appeals, and the aforementioned Eligible Recipient, in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House (as described in the aforementioned paragraph) in perpetuity, or for as long as allowed by law. a) The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s) and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall fmd: 1) The terms and conditions contained within this Modification Decision have been conclusively satisfied; Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one (1) year from the date of issue of this Modified Decision, unless extended by the Board of Appeals b) Failure of the Petitioner to satisfy the terms and conditions of and for this Modified Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public hearing whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18, 2007 shall remain in full force and effect. c) As and when all of the signatories to the Confirmatory Preservation Restriction, including but not the limited to the Massachusetts Historical Commission, reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction, as evidenced by the document(s) itself, the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian, the Town of North Andover, and the Board of Appeals; and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementionedpublic hearing that the conditions as set forth herein have been fully satisfied. 1, /I Page 2 of 3 1 I i 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 Albert P. Manzi II1, Esq. Chairman Ellen P. McIntyre, Dice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippohto Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS /r10RTH- O t��eo 16 ti0 'y. O - A S V,qc" 5 Town Clerk Time Stamp Site: 575 Osgood Street (Map 36, Parcel 3), 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): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi, 160 Sumner St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By: DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A. 1. 1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Proposed 1" Floor Plan A.1.1, , #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2, , #15 &#17 Caroline Way Proposed Roof Plan A.1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land Stephen M- Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi 1111, and Richard M. Vaillancourt. Noilh Andover Zoning Board of Appeal Albert P. Manzi, III, Esq., Chairman FAfen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022. M36P3. 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.townofnorthandover.com DEVINE MILLIMET ATTORNEYS AT LAW ROBERT W. LAVOIE RLAVOIE@DEVINEMILLIMET.COM T 978.475.9100 DIRECT 978.289 1216 DEVINE MILLIMET D APR 12 2010 ATTORNEYS AT LAW ROBERT W. LAVOIE BOARD OF APPEALS April 22, 2010 978.475.9100 RLAVOIE@DEVINEMILLIMET.COM North Andover Zoning Board of Appeals Attn: Attorney Albert P. Manzi III, Chairman 1600 Osgood Street, Suite 2-36 North Andover, MA 01845 Re: Request for Extension of Time under Condition 2:a of the Minor Modification to Notice of Decision 2007-022 Edgewood Retirement Community, Inc., 575 Osgood Street, North Andover, MA Dear Chairman Manzi and Members of the ZBA: This Request for Extension of Time is made in connection with the ZBA's Minor Modification of Decision 2007-022, which Minor Modification was filed with the North Andover Town Clerk's office on May 20, 2009. Application is hereby made that the Board of Appeals extend the time within which the Confirmatory Preservation Restriction (more fully described below) may be completed and submitted to the Board of Appeals; we hereby request that the time be extended through December 31, 2010 from its current one year time frame of May 20, 2010 (the date one year from the date of issue of the Modified Decision). By way of background, in April 2009 the Board of Appeals heard the application of Edgewood Retirement Community, Inc. to modify Decision 2007-022 and caused the attached Minor Modification to be filed with the North Andover Town Clerk's office on May 20, 2009. In essence, the Board of Appeals allowed Edgewood Retirement's request to replace the words "alter/rehabilitate" with the words "raze/construct" the pre-existing, non -conforming milk barn for residential use. In connection with its 2009 Minor Modification Application, Edgewood Retirement (even though the Milk Barn was the structure involved in Decision 2007-022) had volunteered, and the various Boards of the Town of North Andover were agreeable, that the more historically significant building known as the Deacon John Osgood House located at 547 Osgood Street, North Andover have the benefit of a Historic Preservation Restriction. The Board of Appeals was agreeable, and the proposed terms of the Historic Preservation Restriction were incorporated into the Board of Appeals 2009 Minor Modification calling for an initial restriction term of not less than 30 years. By the time of the Board of Appeals' hearing, the Historic Preservation Restriction dated April 13, 2009 DEVINE, M LLIM T 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH {014327�OVR42� 2149.1} PO BOX 39 F 978.470.0618 ANDOVER, MA PROFESSIONAL ANDOVER DEVINEMI LLIMET.COM CONCORD, NH ASSOCIATION MASSACHUSETTS 01810 U, April 22, 2010 Page 2 had been signed by Edgewood Retirement and was duly approved and signed by the North Andover Historical Society. In connection with Edgewood Retirement's voluntary offer to grant such a thirty year Historic Preservation Restriction, Edgewood Retirement also agreed to cooperate with the Town of North Andover (by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historic Commission and the Board of Appeals) to secure an additional Confirmatory Preservation Restriction to restrict the Deacon John Osgood House in perpetuity, or for as long as allowed by law. This was confirmed and memorialized in Condition 2 of the Board of Appeals' 2009 Minor Modification. Condition 2.a described a process by which the Confirmatory Preservation Restriction would be brought forward at a future public hearing of the Board of Appeals so that the Board of Appeals could make findings that the terms and conditions contain within the 2009 Minor Modification had been conclusively satisfied. It was required that aid public hearing would be docketed by the Board's chairman or a majority of its members as described by its rules on or before one year from the date of issue of the 2009 Minor Modification, unless extended by the Board of Appeals (emphasis added). The purpose of this correspondence is to respectfully request that the Board of Appeals so extend the one year time frame in order for Edgewood Retirement to arrange for the finalization, signing, and acceptance of the Confirmatory Preservation Restriction by the several parties necessary in order to have the Confirmatory Preservation Restriction be perpetual under Massachusetts General Laws. As more fully described below, the process of negotiating and arranging for Confirmatory Preservation Restriction is quite involved, and additional time will be needed to complete what has become a slightly complex process. In support of this request for the grant of an Extension of Time, Edgewood Retirement respectfully submits that the time and effort necessary to comply with Condition #1 (as to the grant of the 30 year Historic Preservation Restriction) took longer than originally anticipated. Edgewood Retirement promptly appeared before the North Andover Board of Selectmen on April 27, 2009 and secured the Selectmen's approval of the 30 year Historic Preservation Restriction. However, the process of finally arranging the acceptance of a duly eligible recipient of the Restriction took several additional months, but was successfully accomplished by September 30, 2009, when The Trustees of Reservations signed its acceptance of the 30 year Restriction. On the very next day, October 1, 2009, the Historic Preservation Restriction was duly recorded with the Essex North District Registry of Deeds at Book 11786 Page 282, which was promptly followed by the submission of the North Andover Zoning Board of Appeals and the Building Inspector's office with a certified copy of the same. A copy of the 30 year Historic Preservation Restriction as duly recorded on October 1, 2009 is attached hereto. {014327\065499\A0221490.1 } April 22, 2010 Page 3 Under Massachusetts law, the 30 year Historic Preservation Restriction is limited to an initial term of thirty years, but like any other restriction it can be renewed for an unlimited number of 20 year periods of time for as long as the Holder of the Restriction so desires. However, to make such Restriction perpetual, it is necessary to comply with MGL c. 184 §31 which involves obtaining the additional approval of the Massachusetts Historical Commission. The process of petitioning the Massachusetts Historical Commission is long and detailed, and Edgewood Retirement has been pursuing that process over the last few months, culminating in the attached Baseline Documentation Report dated March 21, 2010 prepared by Land Stewardship Incorporated of Winchester, Massachusetts. Edgewood Retirement continues to cooperate with The Trustees of Reservation and the Town of North Andover in order to process the Application to the Massachusetts Historic Commission in order to seek to make the Restriction as perpetual as possible under Massachusetts General Laws. In any regard, the current Historic Preservation Restriction attached hereto recorded on October 1, 2009 can conceivably be viewed as permanent, in that all that is required is to renew the same for additional 20 year periods, the first such extension to be made prior to the 30 year expiration from the October 1, 2009 recording date of the 30 year Historic Preservation Restriction attached hereto. In summary, Edgewood Retirement respectfully requests that it be afforded the additional necessary time to finalize and obtain approval from the Massachusetts Historical Commission of the Confirmatory Preservation Restriction. Kindly place this matter for hearing at your May 2010 Meeting of the Board of Appeals, so that we can answer any questions that there may be relative to this Request for Extension of Time. Very truly yours, EDGEWOOD RETIREMENT COMMUNITY, INC. BY ITS ATTORNEYS, DEVINE M LLIMET & BRANCH, P.A. By: e W. L i RWL:mm cc: Dominic Scalese {014327\065499\A0221490.1 } Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman %ORTH Richard J. Byers, Esq. Clerk Joseph D. LaGrasse 3� '`'`'_ ° OL Richard M. Vaillancourt Fo — v Associate Members .9 Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto SSACHU`�E This is to certify that twenty (20) days have elapsed from date of decision, filed without filing ofar��rppeaI* Date --V Q APONFinor Modification to Notice of Decision Year 2007 Joyce A, Bradshaw Town Clerk Decision Address: 575 Osgood Street L� ..^iil • Y i - ie, Town Clerk Tiine`Stamp NAME: Edgewood Retirement Community, Inc., MODIFICATION DATE: April 14, 2009 ADDRESS: 575 Osgood Street, PETITION: 2007-022 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, April 14, 2009, at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, MA upon the application of Edgewood Retirement Community, Inc., 575 Osgood Street (Map 36, Parcel 3), North Andover, MA for a minor modification to the Special Permit 2007-022. Edgewood Retirement Community, Inc. is requesting that the December 18, 2007 Special Permit granted under Section 9, Paragraph 9.1 in order to alter/rehabilitate the pre- existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use to be modified in order to raze/construct a 2 -unit residential structure. Said premise affected is property with frontage on the East side of Osgood Street within the R-2 zoning district. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi, III, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito, Daniel S. Braese, and Michael P. Liporto. Upon a motion by Richard J. Byers and 2nd by Ellen P. McIntyre, the Board found that the request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct a 2 -unit residential structure" is a minor modification and that this modification does not alter the intention of the Special Permit decision 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. Upon a motion by Ellen P. McIntyre and 2nd by Joseph D. LaGrasse, the Board voted to GRANT Edgewood Retirement Community, Inc.'s request to replace the words "alter/rehabilitate the pre-existing, non -conforming milk barn, within the 100' Continuing Care Retirement Center setback, for residential use" with the words "raze/construct" in the Special Permit 2007-022 subject to and conditioned upon the herein referenced below conditions collectively titled hereinafter ("CONDITIONS"); ATTEST: Page 1 of 3 A True Copy 977 T6wn C1Erk 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townot, orthandover. corn Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS CONDITIONS { Lu F...� .,..�^,!, ..... Town Clerk Time Stamp 1. Prior to the issuance of any Building Permit for said petition and as a precondition to its issuance thereto, the Petitioner shall duly execute and record at the Essex North Registry of Deeds a Historic Preservation Restriction granting to the Trustees of Reservations, North Andover Historic Commission, or another duly eligible recipient; a Historic Preservation Restriction as to the Deacon John Osgood House located at 547 Osgood Street North Andover MA as referenced in Book 11137 and Page 179 at the Essex North registry of Deeds and further Identified on town assessor Map 36 Parcel 3; said Historic Preservation Restriction shall be incorporated by reference herein and for an initial term of not less than 30 years; with copies to the Board of Appeals. Upon Petitioner delivering a Certified Copy of the Historic Preservation Restriction (recorded with the Registry of Deeds), and its acceptance by the eligible recipient to the Board of Appeals and to the Building Department, this Condition shall be deemed satisfied with respect to this condition 1 of the Special Permit Modified Decision and a Building Permit may issue to Petitioner at that time. 2. The petitioner shall secure, and cooperate with, the Town of North Andover by and through its Board of Selectmen, the North Andover Historic Commission, the Massachusetts Historical Commission, and the Board of Appeals, and the aforementioned Eligible Recipient, in connection with and for the express purpose to secure an additional Confirmatory Preservation Restriction with respect to the Deacon John Osgood House (as described in the aforementioned paragraph) in perpetuity, or for as long as allowed by law. a) The Confirmatory Preservation Restriction shall fully satisfy the aforementioned Parties as evidenced by express writing(s) and or oral testimony by the Parties at a future public hearing of the Board of Appeals whereby the Board shall find: 1) The terms and conditions contained within this Modification Decision have been conclusively satisfied; Said public hearing shall be docketed by the Board's Chairman or a majority of its members as prescribed by its rules on or before one (1) year from the date of issue of this Modified Decision, unless extended by the Board of Appeals b) Failure of the Petitioner to satisfy the terms and conditions of and for this Modred Decision to the Special Permit shall result in this Modified Decision being reviewed by the Board of Appeals at a future public hearing whereby the Board of Appeals may take any additional appropriate action relative thereto. Any and all conditions pursuant to the original special permit dated on or about December 18, 2007 shall remain in full force and effect. c) As and when all of the signatories to the Confirmatory Preservation Restriction, including but not the limited to the Massachusetts Historical Commission, reach agreement and acceptance of final terms of the Confirmatory Preservation Restriction, as evidenced by the document(s) itself, the Petitioner shall deliver the Confirmatory Preservation Restriction to the custodian, the Town of North Andover, and the Board of Appeals; and the Petitioner shall deliver and record the aforementioned Confirmatory Preservation Restriction at the Essex North Registry of Deeds after the Board of Appeals finds at the aforementioned public hearing that the conditions as set forth herein have been fully satisfied. vd, Page 2 of 3 t 1600 Osgood St., Bldg 20 - Suite 2-36, North Andover, MA 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse Richard M. Vaillancourt Associate Members Thomas D. Ippolito Daniel S. Braese, Esq. Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS 'i' .. _ n„ Town Clerk Time Stamp Site: 575 Osgood Street (Map 36, Parcel 3), 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): 3/10/09 Registered Professional Land Surveyor: Michael J. Sergi, #33191, Christiansen & Sergi, 160 Summer St. Haverhill, MA. 01830 Sheet/Drawing: Drawing No. 06084 018 Building Plan Title: Edgewood Retirement Community, Milk Barn Proposed New Construction By: DSA: Dewing & Schmid Architects, 30 Monument Square, Suite 200B, Concord, MA 01742-1873 Date: 2.24.09 Sheet/Drawing: Landscape A-1.1, Milk Barn, Exterior Views A.0.1, #15 &#17 Caroline Way, Surveyor: Proposed I' Floor Plan A.1.1, , #15 &#17 Caroline Way, Proposed 2nd Floor Plan A.1.2, , #15 &#17 Caroline Way Proposed Roof Plan A_ 1.3 Site Plan Title: Barn Roof and Ground Elevations, Edgewood Retirement Community, North Andover, MA, drawn for Edgewood Retirement Community, 575 Osgood Street, North Andover, Massachusetts 01845. Date (& Revised Dates): 4/14/09 Registered Professional Land Stephen M. Melesciuc, #39049, Marchionda & Assoc., L.P., 62 Montvale Surveyor: Ave., Suite 1, Stoneham, Ma. 02180 Voting in favor: Ellen P. McIntyre, Joseph D. LaGrasse, Richard J. Byers, Albert P. Manzi III, and Richard M. Vaillancourt. No?1b Andover Zoning Board of Appeal Albert P. Manzi, III, Esq., Chairman FAfen P. McIntyre, Vice Chairman Richard J. Byers, Esq., Clerk Joseph D. LaGrasse Richard M. Vaillancourt 2007-022. M36P3. 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.townofnorthandover.com LI 0 0 s♦ a 0 H N 01 0 w L b O 60 to C r, i, ek 11786 P9282 28548 14-01-2009 a 01=5353, HISTORIC PRESERVATION RESTRICTION TO THE TRUSTEES OF RESERVATIONS I. GRANTOR CLAUSE. Edgewood Retirement Community, Inc., a not-for-profit corporation organized under the provisions of M.G.L. c. 180, having an address of 575 Osgood Street, North Andover, Massachusetts 01845 (the "Grantor"), for nominal consideration of Ten Dollars paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Sections 31, 32 and 33 of M.G.L. c. 184, does hereby grant and convey, with quitclaim covenants, to The Trustees of Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891, having an address of 572 Essex Street, Beverly, Massachusetts 01915 (the "Grantee"), a historic preservation restriction (sometimes referred to as the Restriction), in perpetuity and exclusively for historic preservation purposes, upon certain land and the exterior of the structure thereon (the "Building") located in Essex County in the Town of North Andover, Massachusetts consisting of the Deacon John Osgood House more particularly described in Exhibit A, attached hereto; commonly known and numbered as 547 Osgood Street, North Andover, Massachusetts 01845 (the land and Building collectively referred to herein as the "Premises"). For the Grantor's title see Essex North District Registry of Deeds Book 9223, Page 177. (I 4327%4924%ADI 99983.6) 1 Bk 11786 Pg283 #28548 II. PURPOSE. The Building is a historically and architecturally significant residence, which stands as an example of the 18th century rural nature of North Andover, Massachusetts, illustrates aesthetics of craftsmanship and setting, and possesses integrity of materials and workmanship. The parties agree that the preservation of the exterior of the Building will contribute to the preservation and maintenance of the character of the Town of North Andover. Accordingly, it is the purpose of this Restriction to assure that the architectural, historic, cultural and associated features of the exterior of the Building be retained substantially in its current appearance (as improved by the repair and replacement activities allowed under this Restriction) for historic preservation purposes and to prevent any material change of the exterior of the Building that will significantly impair or interfere with the Building's historic preservation values. III. GRANTOR'S COVENANTS AND CONDITIONAL AND RESERVED RIGHTS. A. Grantor's Covenant. Grantor agrees that Grantor shall not relocate the Building from its current location on the Land. In addition, and subject to the provisions of paragraph IV(C), and of the following sentence, Grantor agrees at all times to maintain the Building in sound structural condition and a good state of repair in accordance with the terms of this paragraph; it is Grantor's intent that the Building shall be maintained in a physical appearance that is reasonably similar to its current appearance and Grantor will undertake reasonable periodic maintenance and repair of the Building so as to insure its continued structural integrity. In the event that the Building suffers any type of casualty damage, or if the continued structural integrity of the Building requires maintenance or repair (14327164E241NO188983.6) E r , Bk 11786 Pg284 #28548 costing an unreasonably excessive amount, the Grantor shall provide written notification to the Grantee and to the North Andover Historical Commission of such event, and Grantor, Grantee and the North Andover Historical Commission shall reasonably confer with each other as to an appropriate course of action in view of the circumstances. After such consultation, the Grantor may either restore the Building to its previous appearances or if the Building requires maintenance or repair costing an unreasonably excessive amount, Grantor may demolish the Building, and if so demolished this Restriction shall terminate and be of no further force and effect and thereafter Grantor may use the Premises for any lawful purpose free of this Restriction. B. Grantor's Conditional Rights. 1. Conditional Rights Requiring Approval by Grantee. Except as otherwise provided herein, without the prior express written approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed, Grantor shall not make any material changes to the exterior of the Building. Activities by Grantor to maintain the Building which are not intended to change the general appearance of the exterior of the Building shall not require the prior approval of Grantee. Any material changes which Grantor proposes to be made to the exterior of the Building, which would require a Building Permit to be issued by the Town of North Andover shall also require that the North Andover Historical Commission be advised of and approve any such material changes to the exterior of the Building. (I 4327164824W0189983.6) 3 r Bk 11786 Pg285 #28548 2. Review of Grantor's Reguests for Approval. In the event Grantee's prior approval is required, the Grantor shall submit to Grantee, for Grantee's approval, two (2) copies of information (including plans, specifications and designs) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within thirty (30) days of receipt of Grantee's receipt of any written request for approval hereunder, Grantee shall certify in writing that: (a) it approves the request, or (b) it disapproves the request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within thirty (30) days of receipt of Grantor's submission or resubmission of requests shall be deemed to constitute approval by Grantee of the request as submitted and to permit Grantor to undertake the proposed activity in accordance with the request submitted. A certificate of such failure by Grantee to act, executed by Grantor, and including identifying information for the subject plans, specifications and designs, when and if recorded in the Essex North District Registry of Deeds prior to the recording of any contrary Certificate by Grantee, shall be conclusive evidence of such fact. 3. Standards for Review. In exercising any authority created by the Restriction to inspect the Premises, to review any construction, alteration, repair or maintenance or to review casualty damage, Grantee shall at all times act in a commercially reasonable manner. (I 43271648241A0189983.6) 4 Bk 11786 Pg286 #28548 C. Grantor's Reserved Rights. The following rights, uses, and activities of or by Grantor on, over, or under the Premises and the Building are permitted by this Restriction and by Grantee without further approval by the Grantee: 1. the right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation, and (ii) are not inconsistent with the purpose of this Restriction to maintain the exterior of the Building substantially in its current condition; 2. the right to maintain and repair the Building, for the purpose of retaining in good condition the appearance of the exterior of the Building. Substantial changes in appearance, from that existing prior to the maintenance and repair require the prior approval of the Grantee in accordance with the provisions of paragraph III(B); 3. the right to paint the exterior sheathing of the Building any of the following colors: white, off white (and any version thereof) and any of the colors of the various Cottages constructed by Grantor under the 2008 Special Permit issued to Grantor by the North Andover Planning Board. Grantor agrees to provide written notification to the North Andover Historical Commission at such times as Grantor intends to change the exterior color of the Building, and to obtain the approval of the North Andover Historical Commission, which approval shall not be unreasonably withheld, conditioned or delayed. 4. The right to use the Land (a) for all customary uses appurtenant to a Residential Structure and (b) all uses customarily associated with a Continuing Care Retirement Community including the right to install temporary or permanent accessory structures for residential or Continuing Care Retirement Community uses IV. ENFORCEMENT. A. This Restriction shall be administered on behalf of the Grantee, jointly and severally, by its duly appointed members and agents. This Restriction shall be enforced by the Grantee in its sole discretion. Nothing herein shall impose upon the Grantee any duty to maintain or require that the Building be maintained in any particular state or condition, notwithstanding the Grantee's acceptance thereof. { 1432716482AA0189983.6) 5 7 Bk 11786 Pg287 #28548 B. In the event that a breach of this Restriction by the Grantor or by a third party comes to the attention of the Grantee, the Grantee must notify the owner of record (the "Owner") in writing of such breach and of that portion of the Premises and Building where the breach occurred. Said Owner shall have ninety (90) days after receipt of such notice to undertake actions, including restoration of the Premises and Building, that are reasonably calculated to correct swiftly the conditions constituting such a breach. If the said Owner fails to take such corrective action, the Grantee may at its discretion undertake such actions, including appropriate legal proceedings, as are reasonably necessary to effect such corrections. C. Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Building or the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, earth movement, and trespass on the Building or the Premises or from any action taken by the Grantor under (i) emergency conditions to prevent, abate or mitigate injury to or nuisance caused by the Building and/or the Premises resulting from such causes or (ii) direct, written order of any governmental authority (federal, state or municipal). D. The Grantor, and thereafter the record successors and assigns of the Grantor, agree to reimburse the Grantee for all reasonable costs and expenses incurred in enforcing this Restriction or in remedying or abating any violation thereof. E. By its acceptance of this Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Building or the Premises. F. Any election by the Grantee as to the manner and timing of its right to enforce this Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. {143271648241AO188983.61 0 Bk 11786 Pg288 #28548 V. ACCESS. This Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises, except that the Grantor hereby grants to the Grantee and its successors at law, and grants to the North Andover Historical Commission, after reasonable prior notice to Grantor the right to enter the Premises in a reasonable manner and at reasonable times, and always in the presence of a representative of Grantor for the purposes of inspecting the Premises and the exterior of the Building to determine compliance herewith. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Restriction. VI. SUBSEQUENT TRANSFERS. The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument which divests the Grantor of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. After the recording of this Restriction, the term "Grantor" as used herein shall mean the fee record owner of the Premises, from time to time, and the Grantor's obligations and liabilities hereunder shall only be those arising during such person's term of ownership. VII. ASSIGNABILITY. A. Runninj of the Burden. Except as provided in paragraph III.A. and IV.C, the burden of these restrictions shall run with the land in perpetuity and shall be binding on all future owners of an interest therein. The right of enforcement shall be as provided for in MGL Chapter 184, Section 32, as enacted by the Acts of 1969, Ch. 666, Sec. 5, as it may be amended from time to time. (143271648241A0188983.6) 7 Bk 11786 Pg289 #28548 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments necessary to assure the perpetual enforceability of this Restriction. C. Running of the Benefit. The Restriction hereby imposed is in gross and is not for the benefit of or appurtenant to any particular lands. The Restriction shall not be assignable, except with the prior written approval of the Grantor or its successors or assigns then owning the Premises in each instance. In the event such approval is obtained, this Restriction may be assigned only to a governmental body or organization whose purposes at the time of assignment include preservation of historic property provided, however, that (i) as a condition of any assignment, the Grantee requires that the purpose of this Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Restriction directly. The burden of this Restriction hereby imposed shall run with the Premises in perpetuity and shall be binding upon all future owners of any interest therein during their term of ownership. VIII. RELEASE AND EXTINGUISHMENT. A. Grantee's Receipt of PropertRight. The Grantor and the Grantee agree that the donation of this Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Restriction determined at the time of its recording at the Essex North District Registry of Deeds bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Property Right. Such proportionate value of the Grantee's property right shall remain constant. C. Right of Grantee to Recover Proportional Value at Disposition. If any occurrence ever gives rise to extinguishment or other release of the Restriction under applicable law, then (I 4327\64824\AO 188983.6) 8 1.f. Bk 11786 Pg290 #28548 the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of proceeds; and further provided that upon the termination of this Restriction pursuant to Paragraph III.A Grantee shall be entitled to NO portion of any such proceeds. D. Grantor/Grantee Cooperation Regarding_ Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority while this Restriction is in effect, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, and all related expenses incurred by the Grantor and the Grantee in connection with said recovery shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor or its successors and assigns of record, and the Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Restriction Disposition. The Grantee shall use its share of the proceeds in a manner consistent with the preservation purposes of this grant. IX. ESTOPPEL CERTIFICATES. Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Restriction. X. SEVERABILITY AND CONSTRUCTION. If any section or provision of this Restriction shall be held to be unenforceable by a court of competent jurisdiction, this Restriction shall be construed as though such section had not been 114327k6482aw0 188983.6) 9 4 Bk 11786 Pg291 #28548 included in it. If any section or provision of this Restriction shall be subject to two constructions, one of which would render such section or provision invalid, then such section or provision shall be given the construction that would render it valid. If any section or provision of this Restriction is ambiguous, it shall be interpreted in accordance with the policy and provisions expressed in M.G.L. c. 184, Sections 31 through 33. XI. EFFECTIVE DATE. This Restriction shall be effective when the Grantor and the Grantee have executed it, and this document is duly recorded in the Essex North District Registry of Deeds. XII. MORTGAGE SUBORDINATION. A. Subordination. At the time of the conveyance of this Restriction, the Premises is subject to a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from the Grantor to Bank of America, N.A. (hereinafter the "Mortgagee") recorded on November 21, 2008, as Instrument No. 29835 in the Essex North District Registry of Deeds at Book 11381, Page 302 (hereinafter "the Mortgage"). The Mortgagee joins in the execution of this Restriction to evidence Mortgagee's agreement that, subject to the following conditions and stipulations, this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage: 1. Mortgagee and its assignees shall have prior claim to all insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises and all proceeds of condemnation proceedings, and shall be entitled to same in preference to Grantee until the Mortgage is paid off and discharged, not withstanding that the Mortgage is subordinate in priority to the Restriction. ( 1432'71648241A0189983.6 ) C Bk 11786 Pg292 #28548 2. If the Mortgagee receives an assignment of the leases, rents and profits of the Premises as security or additional security for the loan secured by the Mortgage, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until the Mortgagee's debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Restriction. 3. The Mortgagee or purchaser in foreclosure shall have no obligation, debt, or liability under the Restriction until the Mortgagee or purchaser in foreclosure under it obtains ownership of the Premises. In the event of foreclosure or deed in lieu of foreclosure, this Restriction is not extinguished. 4. Nothing contained in this paragraph or in this Restriction shall be construed to give any Mortgagee the right to violate the terms of this Restriction or to extinguish this Restriction by taking title to the Premises by foreclosure or otherwise. XIII. MISCELLANEOUS. This instrument is not a deed. It does not transfer a fee interest to the Grantee. No Massachusetts deed excise stamps are affixed hereto as none are required by M.G.L. c. 64D, Section 1, as amended. The Grantor shall record this instrument in timely fashion in the Essex North District Registry of Deeds. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation plan prepared by the Grantor and approved in writing by (143271648241A0189983b) 11 Bk 11786 Pg293 #28548 the State Archeologist of the Massachusetts Historical Commission (M.G.L. c. 9, Section 27C, 950 CMR 70.00). [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (I 43271648241A0189993.6) 12 Bk 11786 Pg294 #28548 WITNESS the execution hereof under seal this 131 day of 2009. GRANTOR: EDGEWOOD RETIREMENT COMMUNITY, INC. COMMONWEALTH OF MASSACHUSETTS ss 3 , 2009 Before me, the undersigned notary public, personally appeared C443 A U' whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Edgewood Retirement Community, Inc., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or personal knowledge of the undersigned. Pujj is o W • ✓D/6, My commission expires:S' I14327%48241A0188983.6) 13 tgoeI b w MUM wson Bk 11786 Pg295 #28548 ACCEPTANCE OF THE TRUSTEES OF RESERVATIONS he Trustees of Reservations hereby accepts this Restriction this TQ(day of 2009. THE TRUSTEES OF RESERVATIONS By: Its COMMONWEALTH OF MASSACHUSETTS Before me, the undersigned notary public, personally appeared,4 whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of the Trustees of Reservations, for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ hotographic identification with signature issued by a federal or state governmental agency, U oath or affirmation of a credible witness, or jj� personal knowledge of the undersigned. {14327164824\10188983.6} 14 Bk 11786 Pg296 #28548 APPROVAL OF THE TOWN OF NORTH ANDOVER HISTORICAL COMMISSION We, a majority of the Historical Commission of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on this /—f 4( day of 2009, the North Andover Historical Commission voted to approve the fore King Historic Condition granted by Edgewood Retirement Community, Inc. to The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter 184, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the North Andover Historical Commission's desire to cavy out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of towns le and their descendants. Date: 3 2009 NORTH ANDOVER HISTORICAL COMMISSION COMMONWEALTH OF * , ss.w sort r' ! On this � day of 1 2009, before me, the undersigned notary ublic, personally Ln �, 6 w �.� S �• appeared slAwICL x!i am s An,,Q_ Lproved to me through satisfacto evidence of identification, which was ❑ driver's license or Xpersonally known to me, and acknowledged to me that they signed it voluntarily for ' tated purpose on behalf of said Historic Commission of the Town of North Andover. GeD L- CM�� N u is CIA At4 G✓, LA My Commission Expires:��,s--- {14327164824010188983.6} 15 VA M ML Am ar-ft ,r,,, Bk 11786 Pg297 #28548 APPROVAL OF THE TOWN OF NORTH ANDOVER MASSACHUSETTS We, a majority of the Board of Selectmen of the Town of North Aidover, Massachusetts, hereby certify that at a meeting duly held on this btl day of ; / 2009, the Board of Selectmen voted to approve as in the public interest the forego' g Historic Restriction granted by Edgewood Retirement Community, Inc. to The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter 184, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the Town's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeople and their descendants. Date: # !'i 2�7 2009 sse— , ss. COMMONWEALTH OF MASSACHUSETTS A On this A -Z day of009, before me, the undersigned notary public, _personally appeared t,� . d1 '3Md �, �r, f2i}.aig v! I�Aralc %It o�'a�„► , L.. -M •,.t proved -10 me through satisfactory evidencfjof identification, which was 0 driver's license or SPI personally known to me, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of said Board of Selectmen of the Town of North Andover. { 1432716482MA01$9983.6 1 16 /2" aa400� ot, Public My Commission Expii6: 2-0-•r V- , Bk 11786 Pg298 #28548 EXHIBIT A Preservation Restriction Premises Deacon John Osgood House, 547 Osgood Street, North Andover, Essex County, Massachusetts The Building comprising the Deacon John Osgood House is located on that certain parcel of land shown as Lot 7 on a Plan of Land dated April 11, 1989 prepared by Harry R. Feldman, Inc. Land Surveyors, which Plan is duly recorded at the Essex North District Registry of Deeds as Plan # 11656. Said Lot 7 contains 2.2 acres of land as shown on said Plan # 11656, and reference may be had to said # 11656 for a more particular description of Lot 7. For title reference, see deed of Samuel R. Rogers dated December 1, 2004 and recorded with said deeds at Book 9223, Page 177. See also deed to Edgewood Retirement Community, Inc. dated April 10, 2009 and recorded at Book 11137 Page 179. (Note: The Lot 7 has been consolidated with all the other land holdings of Edgewood Retirement Community, Inc. by virtue of that certain Approval Not Required Plan dated March 27, 2008 and recorded with said deed as Plan #15919, in according with the decision of the North Andover Planning Board dated April 1, 2008 and recorded with said deeds at Book 11137, Page 173. (I4327164824U1o188983.6) r r ESSEX NORTH REGISTRY OF DEED LAWRBNOE, MASS. �O �'� —or -7 - A TRUE COPY, aiTEST `JAC '3 A R 4 Deacon John Osgood House Historic Preservation Restriction North Andover, MA Granted to The Trustees of Reservations October 1", 2009 Baseline Documentation Report March 21", 2010 ]LAND STEWARD HA 11wC O)IR PO XR n\7r lEID 332 HIGHLAND AVENUE WINCHESTER, MA 01890 (617) 233-7332 Specialists in the Stewardship of Conserved Lands Serving Land Trusts, Conservation Commissions and Other Conservation Organizations www.landstewafdshipinc.com X Deacon John Osgood House Historic Preservation Restriction Baseline Documentation Report Table of Contents 1. Owner Contact Information 2. Directions to Site 3. Historic Preservation Restriction Recorded Restriction Restriction Abstract 4. Restriction History and Commentary 5. Baseline Documentation Report Summary 6. USGS Topographical Map 7. Other Relevant Documents Deed to Grantor Wood Destroying Insect Inspection Report Foundation Inspection Report Footprint (Page D.1.1 of House Permit Drawings) 8. Survey or Plan 9. Aerial Photograph 10. Ground Photographs Photopoint Map Photopoint Locations Photolog Photographer's Affidavit 11. Activity Log 12. Landowner Correspondence Deacon John Osgood House Conservation Restriction Owner Contact Information Hook K. Johnston, President Michael Hawkins, Treasurer Fdgewood Retirement Community 575 Osgood Street North Andover, MA 01845 1 (800) 649-3343 Contact: Marlene Rotering, Corporate Operations Director KelleyPaula@Edgewoodrc.com Edgewoodre.com (Assistant) Deacon John Osgood House Historic Preservation Restriction Directions to Site Directions: From the intersection of Rtes. 125 and 133 in North Andover, go south on Rte. 125/133. After approximately 7/10ths of a mile, bear left onto Osgood Street. Follow Osgood Street approximately'/z mile to the access road to 575 Osgood Street on the left hand side of the road. 'rhe Deacon John Osgood house is the first building on the right hand side of the access road. IL Ln 0 0 0 b z° v u co 'v O 0 60 w 0 ti kn Bk 11786 P9282 *26548 10-01-2009 a"Z 01 a 53sy HISTORIC PRESERVATION RESTRICTION TO THE TRUSTEES OF RESERVATIONS I. GRANTOR CLAUSE. Edgewood Retirement Community, Inc., a not-for-profit corporation organized under the provisions of M.G.L. c. 180, having an address of 575 Osgood Street, North Andover, Massachusetts 01845 (the "Grantor"), for nominal consideration of Ten Dollars paid, the receipt and sufficiency of which are hereby acknowledged, and pursuant to Sections 31, 32 and 33 of M.G.L. c. 184, does hereby grant and convey, with quitclaim covenants, to The Trustees of Reservations, a Massachusetts charitable corporation established under Chapter 352 of the Acts of 1891, having an address of 572 Essex Street, Beverly, Massachusetts 01915 (the "Grantee"), a historic preservation restriction (sometimes referred to as the Restriction), in perpetuity and exclusively for historic preservation purposes, upon certain land and the exterior of the structure thereon (the 'Building") located in Essex County in the Town of North Andover, Massachusetts consisting of the Deacon John Osgood House more particularly described in Exhibit .A, attached hereto; commonly known and numbered as 547 Osgood Street, North Andover, Massachusetts 01845 (the land and Building collectively referred to herein as the 'Premises"). For the Grantor's title see Essex North District Registry of Deeds Book 9223, Page 177, {1432n648241A0)88983.6) Y Is BK 117bb PgZUi 3 ff2bb4U Il. PURPOSE. The Building is a historically and architecturally significant residence, which stands as an example of the 18th century rural nature of North Andover, Massachusetts, illustrates aesthetics of craftsmanship and setting, and possesses integrity of materials and workmanship. The parties agree that the preservation of the exterior of the Building will contribute to the preservation and maintenance of the character of the Town of North Andover. Accordingly, it is the purpose of this Restriction to assure that the architectural, historic, cultural and associated features of the exterior of the Building be retained substantially in its current appearance (as improved by the repair and replacement activities allowed under this Restriction) for historic preservation purposes and to prevent any material change of the exterior of the Building that will significantly impair or interfere with the Building's historic preservation values. 111. GRANTOR'S COVENANTS AND CONDITIONAL AND RESERVED RIGHTS. A. Grantor's Covenant. Grantor agrees that Grantor shall not relocate the Building from its current location on the Land. In addition, and subject to the provisions of paragraph IV(C), and of the following sentence, Grantor agrees at all times to maintain the Building in sound structural condition and a good state of repair in accordance with the terms of this paragraph; it is Grantor's intent that the Building shall be maintained in a physical appearance that is reasonably similar to its current appearance and Grantor will undertake reasonable periodic maintenance and repair of the Building so as to insure its continued structural integrity. In the event that the Building suffers any type of casualty damage, or if the continued structural integrity of the Building requires maintenance or repair (143271648241A01889816) 2 ti 13K 11/bb PgZ64 ffLM54d costing an unreasonably excessive amount, the Grantor shall provide written notification to the Grantee and to the North Andover Historical Commission of such event, and Grantor, Grantee and the North Andover Historical Commission shall reasonably confer with each other as to an appropriate course of action in view of the circumstances. After such consultation, the Grantor may either restore the Building to its previous appearances or if the Building requires maintenance or repair costing an unreasonably excessive amount, Grantor may demolish the Building, and if so demolished this Restriction shall terminate and be of no further force and effect and thereafter Grantor may use the Premises for any lawful purpose free of this Restriction. B. Grantor's Conditional Rights. 1. Conditional Rights Requiring Approval by Grantee. Except as otherwise provided herein, without the prior express written approval of the Grantee, which approval shall not be unreasonably withheld, conditioned or delayed, Grantor shall not make any material changes to the exterior of the Building. Activities by Grantor to maintain the Building which are not intended to change the general appearance of the exterior of the Building shall not require the prior approval of Grantee. Any material changes which Grantor proposes to be made to the exterior of the Building, which would require a Building Permit to be issued by the Town of North Andover shall also require that the North Andover Historical Commission be advised of and approve any such material changes to the exterior of the Building. { 143271648241A0 ] 88993.6) 3 M .Bic 11/db pgz6n HLdn4d 2. Review of Grantor's Requests for Approval. In the event Grantee's prior approval is required, the Grantor shall submit to Grantee, for Grantee's approval, two (2) copies of information (including plans, specifications and designs) identifying the proposed activity with reasonable specificity. In connection therewith, Grantor shall also submit to Grantee a timetable for the proposed activity sufficient to permit Grantee to monitor such activity. Within thirty (30) days of receipt of Grantee's receipt of any written request for approval hereunder, Grantee shall certify in writing that: (a) it approves the request, or (b) it disapproves the request as submitted, in which case Grantee shall provide Grantor with written suggestions for modification or a written explanation for Grantee's disapproval. Any failure by Grantee to act within thirty (30) days of receipt of Grantor's submission or resubmission of requests shall be deemed to constitute approval by Grantee of the request as submitted and to permit Grantor to undertake the proposed activity in accordance with the request submitted. A certificate of such failure by Grantee to act, executed by Grantor, and including identifying information for the subject plans, specifications and designs, when and if recorded in the Essex North District Registry of Deeds prior to the recording of any contrary Certificate by Grantee, shall be conclusive evidence of such fact. 3. Standards for Review. In exercising any authority created by the Restriction to inspect the Premises, to review any construction, alteration, repair or maintenance or to review casualty damage, Grantee shall at all times act in a commercially reasonable manner. (I 432716482AA0188983.6) 4 Bk 11776 Pg286 #28848 C. Grantor's Reserved Rights. The following rights, uses, and activities of or by Grantor on, over, or under the Premises and the Building are permitted by this Restriction and by Grantee without further approval by the Grantee: 1. the right to engage in all those activities and uses that: (i) are permitted by governmental statute or regulation, and (ii) are not inconsistent with the purpose of this Restriction to maintain the exterior of the Building substantially in its current condition; 2. the right to maintain and repair the Building, for the purpose of retaining in good condition the appearance of the exterior of the Building. Substantial changes in appearance, from that existing prior to the maintenance and repair require the prior approval of the Grantee in accordance with the provisions of paragraph III(B); 3. the right to paint the exterior sheathing of the Building any of the following colors: white, off white (and any version thereof) and any of the colors of the various Cottages constructed by Grantor under the 2008 Special Permit issued to Grantor by the North Andover Planning Board. Grantor agrees to provide written notification to the North Andover Historical Commission at such times as Grantor intends to change the exterior color of the Building, and to obtain the approval of the North Andover Historical Commission, which approval shall not be unreasonably withheld, conditioned or delayed. 4. The right to use the Land (a) for all customary uses appurtenant to a Residential Structure and (b) all uses customarily associated with a Continuing Care Retirement Community including the right to install temporary or permanent accessory structures for residential or Continuing Care Retirement Community uses IV. ENFORCEMENT. A. This Restriction shall be administered on behalf of the Grantee, jointly and severally, by its duly appointed members and agents. This Restriction shall be enforced by the Grantee in its sole discretion. Nothing herein shall impose upon the Grantee any duty to maintain or require that the Building be maintained in any particular state or condition, notwithstanding the Grantee's acceptance thereof. 1143271648241A0188983.6) 5 EX 11 -/tib LgZb / tfZdn4b B. In the event that a breach of this Restriction by the Grantor or by a third party comes to the attention of the Grantee, the Grantee must notify the owner of record (the "Owner") in writing of such breach and of that portion of the Premises and Building where the breach occurred. Said Owner shall have ninety (90) days after receipt of such notice to undertake actions, including restoration of the Premises and Building, that are reasonably calculated to correct swiftly the conditions constituting such a breach. If the said Owner fails to take such corrective action, the Grantee may at its discretion undertake such actions, including appropriate legal proceedings, as are reasonably necessary to effect such corrections. C. Nothing contained in this Restriction shall be construed to entitle the Grantee to bring any action against the Grantor for any injury to or change in the Building or the Premises resulting from causes beyond the Grantor's control, including, but not limited to, fire, flood, storm, earth movement, and trespass on the Building or the Premises or from any action taken by the Grantor under (i) emergency conditions to prevent, abate or mitigate injury to or nuisance caused by the Building and/or the Premises resulting from such causes or (ii) direct, written order of any governmental authority (federal, state or municipal). D. The Grantor, and thereafter the record successors and assigns of the Grantor, agree to reimburse the Grantee for all reasonable costs and expenses incurred in enforcing this Restriction or in remedying or abating any violation thereof. E. By its acceptance of this Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Building or the Premises. F. Any election by the Grantee as to the manner and timing of its right to enforce this Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. { 14327\448Z41A0188983.6} R n BK 11/tib pgzdd ifLon4b V. ACCESS. This Restriction hereby conveyed does not grant to the Grantee, to the general public, or to any other person any right to enter upon the Premises, except that the Grantor hereby grants to the Grantee and its successors at law, and grants to the North Andover Historical Commission, after reasonable prior notice to Grantor the right to enter the Premises in a reasonable manner and at reasonable times, and always in the presence of a representative of Grantor for the purposes of inspecting the Premises and the exterior of the Building to determine compliance herewith. The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for enforcement of this Restriction. VI. SUBSEQUENT TRANSFERS. The Grantor agrees to incorporate by reference the terms of this Restriction in any deed or other legal instrument which divests the Grantor of any interest in all or a portion of the Premises, including, without limitation, a leasehold interest. After the recording of this Restriction, the term "Grantor" as used herein shall mean the fee record owner of the Premises, from time to time, and the Grantor's obligations and liabilities hereunder shall only be those arising during such person's term of ownership. VII. ASSIGNABILITY. A. Running of the Burden. Except as provided in paragraph III.A. and IV.C, the burden of these restrictions shall run with the land in perpetuity and shall be binding on all future owners of an interest therein. The right of enforcement shall be as provided for in MGL Chapter 184, Section 32, as enacted by the Acts of 1969, Ch. 666, Sec. 5, as it may be amended from time to time. t14327M324wo 68983.61 VA 0 tSK 11/00 rgzisy nZ0340 B. Execution of Instruments. The Grantee is authorized to record or file any notices or instruments necessary to assure the perpetual enforceability of this Restriction. C. Running of the Benefit. The Restriction hereby imposed is in gross and is not for the benefit of or appurtenant to any particular lands. The Restriction shall not be assignable, except with the prior written approval of the Grantor or its successors or assigns then owning the Premises in each instance. In the event such approval is obtained, this Restriction may be assigned only to a governmental body or organization whose purposes at the time of assignment include preservation of historic property provided, however, that (i) as a condition of any assignment, the Grantee requires that the purpose of this Restriction continue to be carried out, and (ii) the assignee, at the time of assignment, qualifies under Section 32 of Chapter 184 of the General Laws as an eligible donee to receive this Restriction directly. The burden of this Restriction hereby imposed shall run with the Premises in perpetuity and shall be binding upon all future owners of any interest therein during their term of ownership. VIII. RELEASE AND EXTINGUISHMENT. A. Grantee's Receipt of Property Right. The Grantor and the Grantee agree that the donation of this Restriction gives rise for purposes of this paragraph to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Restriction determined at the time of its recording at the Essex North District Registry of Deeds bears to the value of the unrestricted Premises at that time. B. Value of Grantee's Property_Right. Such proportionate value of the Grantee's property right shall remain constant. C. Right of Grantee to Recover Proportional Value at Disposition. If any occurrence ever gives rise to extinguishment or other release of the Restriction under applicable law, then (14327\64 MA0188983.6) 8 n .BJC 11166 PgZ9U #fZUb4b the Grantee, on a subsequent sale, exchange or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to such proportionate value, subject, however, to any applicable law which expressly provides for a different disposition of proceeds; and further provided that upon the termination of this Restriction pursuant to Paragraph III.A Grantee shall be entitled to NO portion of any such proceeds. D. Grantor/Grantee Cooperation Regarding Public Action. Whenever all or any part of the Premises or any interest therein is taken by public authority under power of eminent domain or other act of public authority while this Restriction is in effect, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action, and all related expenses incurred by the Grantor and the Grantee in connection with said recovery shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor or its successors and assigns of record, and the Grantee in shares equal to such proportionate value. E. Continuing Trust of Grantee's Share of Proceeds of Restriction Disposition. The Grantee shall use its share of the proceeds in a manner consistent with the preservation purposes of this grant. IX. ESTOPPEL CERTIFICATES. Upon request by the Grantor, the Grantee shall within twenty (20) days execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Restriction. X. SEVERABILITY AND CONSTRUCTION. If any section or provision of this Restriction shall be held to be unenforceable by a court of competent jurisdiction, this Restriction shall be construed as though such section had not been 1143M6482AA0188983.6) 6 .BK 11 /bb pgzJ1 iiLb54b included in it. If any section or provision of this Restriction shall be subject to two constructions, one of which would render such section or provision invalid, then such section or provision shall be given the construction that would render it valid. If any section or provision of this Restriction is ambiguous, it shall be interpreted in accordance with the policy and provisions expressed in M.G.L. c. 184, Sections 31 through 33. XI. EFFECTIVE DATE. This Restriction shall be effective when the Grantor and the Grantee have executed it, and this document is duly recorded in the Essex North District Registry of Deeds. XII. MORTGAGE SUBORDINATION. A. Subordination. At the time of the conveyance of this Restriction, the Premises is subject to a Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing from the Grantor to Bank of America, N.A. (hereinafter the "Mortgagee") recorded on November 21, 2008, as Instrument No. 29835 in the Essex North District Registry of Deeds at Book 11381, Page 302 (hereinafter "the Mortgage"). The Mortgagee joins in the execution of this Restriction to evidence Mortgagee's agreement that, subject to the following conditions and stipulations, this Restriction shall operate as if this Restriction had been recorded in time prior to the recording of the Mortgage: 1. Mortgagee and its assignees shall have prior claim to all insurance proceeds as a result of any casualty, hazard, or accident occurring to or about the Premises and all proceeds of condemnation proceedings, and shall be entitled to same in preference to Grantee until the Mortgage is paid off and discharged, not withstanding that the Mortgage is subordinate in priority to the Restriction. J 1432716482CA0188983.6) 10 1 BK 11486 PgZ9Z :NZbb4d 2. If the Mortgagee receives an assignment of the leases, rents and profits of the Premises as security or additional security for the loan secured by the Mortgage, then the Mortgagee shall have a prior claim to the leases, rents, and profits of the Premises and shall be entitled to receive same in preference to Grantee until the. Mortgagee's debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Restriction. 3. The Mortgagee or purchaser in foreclosure shall have no obligation, debt, or liability under the Restriction until the Mortgagee or purchaser in foreclosure under it obtains ownership of the Premises. In the event of foreclosure or deed in lieu of foreclosure, this Restriction is not extinguished. 4. Nothing contained in this paragraph or in this Restriction shall be construed to give any Mortgagee the right to violate the terms of this Restriction or to extinguish this Restriction by taking title to the Premises by foreclosure or otherwise. XIII. MISCELLANEOUS. This instrument is not a deed. It does not transfer a fee interest to the Grantee. No Massachusetts deed excise stamps are affixed hereto as none are required by M.G.L. c. 64D, Section 1, as amended. The Grantor shall record this instrument in timely fashion in the Essex North District Registry of Deeds. The conduct of archeological activities, including without limitation survey, excavation and artifact retrieval, may occur only following the submission of an archeological field investigation plan prepared by the Grantor and approved in writing by {14327%48241A0188483.6} 11 tax 11-/b6 PgZ93 ffZ.b54b the State Archeologist of the Massachusetts Historical Commission (M.G.L. c. 9, Section 27C, 950 CMR 70.00). [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] (14327164824W188983.6) 12 Y tSK 11 /tib rg� y 4 ii L ti � 4 is WITNESS the execution hereof under seal this /3 /^ day of 2009. GRANTOR: EDGEWOOD RETIREMENT COMMUNITY, INC. COMMONWEALTH OF MASSACHUSETTS E� _, ss -4 3 , 2009 Before me, the undersigned notary public, personally appeared Cls a�u_whose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of Edgewood Retirement Community, Inc., for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was [j photographic identification with signature issued by a federal or state governmental agency, [] oath or affirmation of a credible witness, or Z personal knowledge of the undersigned. Pu is pot f — (�cf. A ✓o/ My commission expires:S (I43271648241AO188983.6) 13 I BK 11/bb pgzJ oS ffzbn4b ACCEPTANCE OF THE TRUSTEES OF RESERVATIONS 4 he Trustees of Reservations hereby accepts this Restriction this , Q day of ,2, 2009. THE TRUSTEES OF RESERVATIONS COMMONWEALTH OF MASSACHUSETTS I Before me, the undersigned notary public, personally appeared A l ewhose name is signed on the preceding document, and such person acknowledged to me that he/she signed such document voluntarily, on behalf of the Trustees of Reservations, for its stated purpose. The identity of such person was proved to me through satisfactory evidence of identification, which was ❑ photographic identification with signature issued by a federal or state governmental agency, ❑ oath or affirmation of a credible witness, or personal knowledge of the undersigned. oPublic M ommissicut.�Ru�,S= { 143271648241A0188983.6) + C +► ti s 14 BK 11 /ob pgzyb iFLun4b APPROVAL OF THE TOWN OF NORTH ANDOVER HISTORICAL COMMISSION We, a majority of the Historical Commission of the Town of North Andover, Massachusetts, hereby certify that at a meeting duly held on this day of J , 2009, the North Andover Historical Commission voted to approve the fore ing Historic Condition granted by Edgewood Retirement Community, Inc. to The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter 184, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the North Andover Historical Commission's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspe le and their descendants. Date: ,' 2009 NORTH ANDOVER HISTORICAL COMMISSION COMMONWEALTH OF MAS ,ss* On this L day of 2009, before me, the undersigned notary ublic, personally appeared c, L, w �.� S Gni 7/Zie �:� �• Gaiyt; >✓ to ►' W i ltd Ams An+e_ .L - Emit c" :� -4 proved to me through satisfactory) evidence of identification, which was 0 driver's license or personally known to me, and acknowledged to me that they signed it voluntarily for ' tated purpose on behalf of said Historic Commission of the +Town of North Andover. N u is G<!, L.tvd,/l' LQ�1e My Commission Expires: ,a _ /$— {14327%48241A0188983.6} 15 MK 11/tib Pgzg! iFLd54is APPROVAL OF THE TOWN OF NORTH ANDOVER MASSACHUSETTS We, a majority of the Board of Selectmen of the Town of North dover, Massachusetts, hereby certify that at a meeting duly held on this day of �a�; / , 2009, the Board of Selectmen voted to approve as in the public interest the foregoing Historic Restriction granted by Edgewood Retirement Community, Inc. to The Trustees of Reservations, pursuant to Massachusetts General Laws, Chapter I84, Sections 31 through and including 33. By approving this grant of a Historic Restriction, we signify the Town's desire to carry out the intent of the Grantor and preserve and promote in perpetuity the historic values of the restricted premises for the benefit of this generation of townspeople and their descendants. Date: % T !'r Z7� , 2009 COMMONWEALTH OF MASSACHUSETTS On this day o 009, before me, the undersigned notary publicwer� ersonally appeared • C'A.K cif S'mc�� r {, r_ blies � i ftk , 4J , yr;ic / /� s� proved p me through satisfactory evidencfjof identification, which was D driver's license or +Q personally known to me, and acknowledged to me that they signed it voluntarily for its stated purpose on behalf of said Board of Selectmen of the Town of North Andover. {143271648241A0188983.61 16 otary_pubIic ,�} My Commission Expii6s: ltJ.f, Z% 2a-// BK 11/bb rgL 925 ff L 25 5 425 F,XHIRiT A Preservation Restriction Premises Deacon John Osgood House, 547 Osgood Street, North Andover, Essex County, Massachusetts The Building comprising the Deacon John Osgood House is located on that certain parcel of land shown as Lot 7 on a Plan of Land dated April 11, 1989 prepared by Harry R. Feldman, Inc. Land Surveyors, which Plan is duly recorded at the Essex North District Registry of Deeds as Plan #11656. Said Lot 7 contains 2.2 acres of land as shown on said Plan #11656, and reference may be had to said #11656 for a more particular description of Lot 7. For title reference, see deed of Samuel R. Rogers dated December I, 2004 and recorded with said deeds at Book 9223, Page 177. See also deed to Edgewood Retirement Community, Inc. dated April 10, 2009 and recorded at Book 11137 Page 179. (Note: The Lot 7 has been consolidated with all the other land holdings of Edgewood Retirement Community, Inc. by virtue of that certain Approval Not Required Plan dated March 27, 2008 and recorded with said deed as Plan #15919, in according with the decision of the North Andover Planning Board dated April 1, 2008 and recorded with said deeds at Book 11137, Page 173. {143271648241AO188983.6) 4 Deacon John Osgood House Historic Preservation Restriction Restriction Abstract Grantor: Edgewood Retirement Community, Inc. Date Recorded: October V, 2009 Registry: Essex North Restriction Reference: Book 11786 Page 282 Plan References: Plan #11656 Deed References: Book 9223 Page 177 Synopsis of Conservation Restriction Purposes: Preserve the exterior of the building to assure that the architectural, historic, cultural and associated features are retained substantially in its current appearance Prevent any material change of the exterior that will significantly impair or interfere with the building's historic preservation values Public Benefits: Preserve the character of the town of North Andover Grantor Covenants: Maintain the building in sound structural condition and a good state of repair Maintain the building in a physical appearance that is reasonable similar to its current appearance Undertake reasonable periodic maintenance to insure its continues structural integrity Not relocate the building from its current location on the land As of Notice or Right Approval Reserved Rights: Restoration of the building with the approval of the X grantee and the North Andover Historical Commission Demolition of the building with the approval of the X grantee and the North Andover Historical Commission Maintenance activities that will not alter the exterior of the building X Material changes to the exterior of the building X Painting the exterior of the building white or off white X Changing the color of the exterior of the building with the approval of the North Andover historical Commission X The right to use the land for all customary uses appurtenant To a residence or continuing care retirement community, including the installation of accessory buildings X Deacon John Osgood House Historic Preservation Restriction history and Commentary Grantor: Edgewood Retirement Community, Inc. Grantee: Ti -ie Trustees of Reservations Acreage: 2.2 acres (per Exhibit A to Restriction) Date Recorded: October 1", 2009 CR Fund Donation: Committee Action: Acquisition History and Commentary: "The Deacon John Osgood House property is one of three parcels acquired by the Edgewood Retirement Properties, LLC in December of 2004, and subsequently transferred to the not-for-profit Edgewood Retirement Community=, Inc. in April of 2009. These parcels abut the Edgewood full-service luxury retirement complex... The "Trustees of Reservations hold conservation restrictions on two parcels around the complex: a acre parcel granted in 1995, and a 10 acre parcel along Osgood Street granted in 2004 and containing two historic structures The North Andover .Historical Commission was eager to see that the Deacon John Osgood House was preserved as a historically and architecturally significant residence, and example of the 18`x' century rural nature of North Andover, and for its craftsmanship, integrity of materials and workmanship. The Historical Preservation Restriction prevents relocation of the building, and requires that Edgewood maintain the building in sound structural condition and in a good state of repair so as to keep the appearance of the exterior of the building reasonably similar to its current appearance. Any changes to the exterior require the approval of TTOR and the North Andover Historical Commission. In the event of damage to the building or deterioration beyond Edgewood's control, the building could be restored or demolished with the approval of these parties. Deacon John Osgood House Historic Preservation Restriction Baseline Documentation Report Summary Grantors: Edgewood Retirement Community, Inc. Grantee: The Trustees of Resel ations Location: Osgood Street, North Andover Date Recorded: October 1s`, 2009 Attachments: 1. Owner Contact Information 2. Directions to Site 3. Historic Preservation Restriction Recorded Restriction Restriction Abstract 4. Restriction History and Commentary 5. Baseline Documentation Report Summary 6. USGS T opographical Map 7. Other Relevant Documents 8. Survey or Plan 9. Aerial Photograph 10. Ground Photographs Photopoint Map 'Photopoint Locations Photolog Photographer's Affidavit IN BK 922.13 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 with said Registry of Deeds. As set forth on said plan, Parcel A contains 14.96 acres. C" Un rT1 Lot 2A-1 on a plan by Robert M. Gill & Associates, Inc. entitled "Compiled Plan of Lailto in North Andover, Massachusetts" dated July 5, 1995 and recorded as Plan No. 12724 z -, with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area of2 93,945 square feet (which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A4 -c containing 128 square feet). � r_s rn The parcels are conveyed subject to and with the benefit of all rights, easements, covenants, 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: 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 71. 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]. f�Kez DEVINE, MTi UMET & BRANCH PROFESSIONAL ASSOCIAT1UN 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 a 1-n 1 N w 0 Ln rst ry 1� BK 92 3 PG I "? 8 C't Executed under seal this day of <)prery,6CA-, 2004. S4.-._2 ZA.., Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: ItSsP On this 4flt day of 41., L , 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 11 current government -issued identification bearing his photographic image and signature, or El affirmation of a credible witness who is. unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. Publ' W- t-Ave4- -T ?Mft y commission expires: 7- Y - (SEAL) 10tl11/2009 20:48 7°1.3318321 WATCH ALL PAGE 01./01 Wood 10es-ii oyM g hilsect he eoflon Report t 1 Ibllcc. flea e read important Consumer Information on page 7, Company ��-8u,.'s�me.css-.:L.irc�. No. 1. Gene w iinwcimemion lnspection Inspection Company, /Address & Phone 5d 619141A Ida F—� 4 Address of Properly Inspe.ted � c �j J�.=/-`� P%'y� � (•p�gp ,. 4r o �"4 I 6G [y �m�,-, p✓6j DIY 0 /i�YJ'YSv' cE'Y p 4 t1��'7",i�Jfl�.• 1;�`if� Inspector's Name, Signature 8, Certification, Negistration, or Lia ; Shructure(s) Inspected f -m-=.-'' .�Iro,,l�. ..,_.L��1 qtr ��' !/J!:�f�rttn��...��.. - � �'a'�c��'�.-�-...,�.��-- .: .w...,� l,�P �nr��,.�:�'1rpL�• j�t _ .. _ Section IL hispection Findirligs This report Is Indicative of the condition of the above identified structure(v. on the date of Inspection and is not to be construed as a guarantee or warranty Fagaln,t latent, concealed, or future Infestations or defects. Based on a careful visual Inspeattort of the. readily accessible al-eas of the glruoture(P) Inspected: �A, No visible evidence of wood destroying Insects wa-s observed. 0. Visible evidence of wood destroying Insects wrag obServed as follows; ❑ 'i. Live Insects (etescriptibn and location): ❑ 2. Dead insects, insect parts, frass, shelter tubes, exit holes, or staining (de;,eriptlon and locatlon)! _ -- ❑ 3. 'Visible damage from wood destroying insects was noted as follow; (description and location) I�Lt?T��Thls Is rrerf a €ru�furBl r��rrtage reAorP. It bore B above Is checked, It should be understood that some degree of dalrla -c- including hidden damage, grey be present. If any questions arise regarding darllftge indicated by this report, it Is recornmended thnt the buyer or any interestoo partles contact a qualified structural professional to determine the extent of domagg and the need for repalrs. Yes 0 No tt it appears that the structures) or et portion thereof may have been previously treated. Visible evidence of possible previous treatment; :. The Inspegting company can give no assurances with regard to work done by other companies. TAA oornpany that performed the treatment should be contacted for Information on treatment and any warranty or service agreement which may be In place. Section I11. Recommendations No treatment recommended' (Explain if Box B in Section II Is checked) ---, ❑ necommend treatment for the control of:.. Section IV. obstr uo�ions acrd Inaccessible Areas The Insper_car may write out obatruetions The following areas of the structure(S) inspected were obstructed or Inaccessible or u;n Vic, followlrig optimal key; BR,prnent $ ffcrawlspace 1. Fixed railing 13. Orly visual access 2,Suspendcdcolling 14, t.luttererirondlrlon 3. Fixed wall covering 15. Slanding water 4, Floor covering 16. Dense vegp.t,j1lon 5. Insulallon 17, IextrrloY 0ielirn S. Cobinels or shelving 16. Window well covers 7, Stored Items •I9. wood Pile. B. Furnishings 20. Snow 9.Appllancec 21, Unsafe conditions 10. No aoxGq or entry 22. Rigid Foam board _ Main Level - _ _ ___ __ Attic taaragP r❑r�� — L 1 Exterior ❑ Porch El Addition — ❑ other _ _ ___. __.....__.-. 11, limited access 23. Synthetic, stucco 12. No ecce bollo1ill 24, Dij v✓or}, pllrmhing, ant or v✓rnng _ e�$in V. laddie on.11 Cornments and Maf;hmMts (these are an integral part of the report) i Attachments s...I'M—��.._,.���:.....:arm,-a�.;�.-.,—.��.>.v-.. SignatUrre Of SP110e(s) or Owner(s) if refinancing. Seller �.,. ...,:__,......�...... ..... ...: r-�.-r::,.. ..--..... .,--..-..,.—.. .-.--.-,=.�-,.....,_.... Si_OlrIatUlre? Of SuyW. The undersigned hereby acknowledges acknowledges that ani Information regarding W.D.I. Infestation, damage, receipt of A copy of both page 1 and page 2 of this report and repair, and treatment history has been disclosed to tile buyer, understands the information reported. >: X Fr96'm IN FIAIUA-311 9/01/04)(+2004 plauomal Peot Mnnnp,,10.1 A.=dntlom All nlphlc Rnsohyod. No roproductlon of Ihfr form I , pnnnillod wilhoul the omre:e pdrra aalon or rIPMA Pnm,NPCA•11q vt,.�iolelq q�igr 17/3i/04. ThN fnnn It nppraved for FHA end Mum, 1R)a9p I of 2 l r , I I Irs. Marlene Roterina Edgewmad Retirement Center 575 Osgood Street zI North Andovcr, JMA November 4. 2009 RE: The Decon John Osgood House, 575 Osgood Street, North Andover, MA Subject: Foundation Observations Dear Marlene: At Four request, I met with David klermelstein of Trident Project ,Advisors and Development Group on Friday October 23. ?009 to visually observe the condition of the existing foundation referenced above. Destructive testins�,. testin- of materials and explorations are not included .in this scope, of service, the comments presented its this report are based solely on visual observations. T -he 1800':s wood framed salt box style building .is supported on exterior perimeter basement :foundation walls. The walls are constructed of cut stone with mortared joints. There are also interior brick masonry walls that support floor framing and fireplaces/ chimtleys. To the best of my Knowledge. information and belief, the existing fowridatiort is sufficient to support the existing wood framed salt box style residence on it. A program of preventative maintenance is recommended for the basement area. Morar joints should be checked and re -mortared as required and the humidity levels should be controlled to within acceptable levels. The area should be checked on a yearly schedule. It has been a pleasure providing services for you on this project. please call should you have any questions or comments. Respectfully: E`iion Group n Michael I. FiI �n. .L-. Presideni �s a,. ZONE R-1 SEE SHEET 3 OF 4 ZONE R-1 PLAN OF LAND NO ANDOVER, MASS SEE SHEET 2 OF 4 PL AN D.' LAND NO ANDOVER, MASS Boundaries {red} approximate E 0 A Z m T-4 O � Ln \-- 00 \0 Ln 0 0 0 0 0 0 0 0 0 4-4 a� a� �,✓ T:�O N bA 0 � � O O c' (1) T-4 � ct 4-4 a� a� �,✓ T:�O bA 0 � � O ti N Ln cn zt d l-- O c 0" - 00 00 \. 4J Ln \. 00 Ln 00 r o0 M O p 'C Ln O M N - t 00 N [- (:\ G\ N \^ Ln o0 u O G\ f -- +O- O G\ c\ I- � O O O O O c\ O O O N cV cV N N N N N cV oo Ln c\ r— r �,s oo Ln y N t Ln t— r— r—r— Nt- .� in cM I- r N \ r- r- O cM N �'. O d' Ln O O M N O N O O \ Ln O G\ I I I I I I I I I i� • rl O O r N M d- Ln oo G\ O All photographs taken March 21st, 2010 by Nicholas Holland, Land Stewardship, Inc. Photopoint l; JPEG 1; Azimuth 250: View west-southwest of northeast side of Osgood House, parking area. Photopoint 2; JPEG 2; Azimuth 270: View west of attached porch and end of house. Photopoint 3; JPEG 3; Azimuth 75: View least -northeast of front of house and attached porch. Photopoint 4; JPEG 4; Azimuth 160: View south-southeast of end of house from driveway. s a ,Q, s �S xMM Photopoint 5; JPEG 5; Azimuth 80: View east-northeast of house from intersection of driveway and Osgood Street. Note stake in foreground marked "Prop. Line". Photopoint 5; JPEG 6; Azimuth 140: View southeast along wall along boundary (obscured by brush). Note stake in foreground marked "Prop. Line". 3 Photopoint 6; JPEG 7; Azimuth 20: View north-northeast toward house from Osgood Sheet. Photopoint 7; JPEG 8; Azimuth 205: View south-southwest across property from fire hydrant along driveway. Ip Photopoint 7; JPEG 9; Azimuth 240: View west-southwest across property and showing frontage on driveway from fire hydrant. Photopoint 8; JPEG 10; Azimuth 35: View north-northeast across property showing invasive roses. 5 f Photopoint 7; JPEG 9; Azimuth 240: View west-southwest across property and showing frontage on driveway from fire hydrant. Photopoint 8; JPEG 10; Azimuth 35: View north-northeast across property showing invasive roses. 5 Photopoint 8; JPEG 11; Azimuth 225: View southwest across property showing Japanese knotweed. Nicholas Holland Baseline Documentation Qualifications Land Stewardship, Inc. specializes in the stewardship of conserved lands across the commonwealth. LSI prepares baseline documentation reports for conservation restrictions, agricultural preservation restrictions and Forest Legacy projects as well as management plans and ecological site assessments for conserved properties. Clients include state agencies, statewide land protection organizations, local land trusts and municipalities. .At LSI, I am responsible for all aspects of baseline documentation preparation, including landowner contacts, field work and report preparation. I have been preparing baseline documentation reports for the past 6 years, and have written some 165 reports. I have a Masters in Forestry from the Yale School of Forestry and Environmental Studies. As Mass Audubon's Conservation Easement Stewardship Specialist, I developed policies and procedures for all aspects of conservation restriction stewardship including baseline documentation and monitoring. I created baseline documentation reports for each of Mass Audubon's 75 conservation restrictions based on field work, registry research and interviews with grantors, landowners and land protection staff. I conducted multiple monitoring visits on each of these properties. This experience gave me the chance to refine Mass Audubon's baseline documentation report procedures and standards to make the reports more effective for monitoring field work. I left Mass Audubon in late 2005 to devote full time to LSI. While at Audubon, I was principally responsible for drafting the Commonwealth of Massachusetts Executive Office of Environmental Affairs Conservation Restriction Stewardship Training Manual (based on materials developed during a comprehensive pilot project conducted by the Commonwealth) to guide the stewardship work of agency staff and volunteers. I was also closely involved in redrafting this manual to create the Massachusetts Conservation Restriction Stewardship Manual: A Handbook for Land Trusts and Conservation Commissions. I was one of two peer reviewers of the Land Trust Alliance's Caring for Land Trust Properties standards and practices curriculum released in 2008. LSI uses mapping grade global positioning system receivers that support differential correction and so can produce highly accurate positions for photopoint locations, boundaries and other important features such as roads or trails. Through in-house AreView geographic information systems software, LSI has access to a wide variety of MassGIS imagery and datalayers, and can prepare maps to facilitate efficient field work and as exhibits to baseline documentation reports. LSI uses digital imagery to create photologs that are information -rich and designed for practical use in the field. Recording these images in electronic form ensures that they will be available in high resolution for years to come. Albert P. Manzi III, Esq. Chaff man Ellen P. McIntyre, Vice-Cbahrrraa Richard J. Byers, Esq. Clerk Daniel S. Braese, Esq. Richard M. Vaillancourt Associate A2enTGerr Thomas D. Ippolito Michael P. Liporto Town of North Andover ZONING BOARD OF APPEALS 20I I J AN -3 PH yin I I IJ oNvn'Cderk Tune'Stamp Notice of Decision Year 2010 Property at: 575 Osgood Street North Andover, MA 01845 NAME: Edgewood Retirement Community, Inc., HEARING(S): April 14, 2009, May 1S, 2010, and Nov 9, 2010 ADDRESS:575 Osgood Street, PETITION: 2007-022 North Andover, MA 01845 The North Andover Board of Appeals held a public hearing at the Town Hall, 120 Main Street, North Andover, MA on Tuesday, November 9th , 2010 at 7:30 PM upon the application of Edgewood Retirement Community, Inc., (Map 36, Parcel 3), North Andover, MA requesting a 6 month time extension of condition 2.a pursuant to a Variance granted by time extension of the Variance granted by the North Andover Zoning Board Of Appeals on May 20,2009 and was recorded at the Essex North Registry of Deeds Book on October 2, 2009, 11786 page 298 #28548. The following voting members were present: Albert P. Manzi III, Ellen P. McIntyre, Richard J Byers, and Richard M. Vaillancourt. The following Associate members were present: Thomas D. Ippolito, and Michael Liporto The Zoning Board of Appeals voted to approve the request of the extension of Time under Condition 2.a of the Minor Modification to Notice of Decision 2007-022 at the regular May 20, 2009 meeting upon a motion by Richard J. Byers to approve the extension and second by Daniel S. Braese. Mass. Gen. L ch 40A, § 10 allows the Variance permit granting authority to "extend the time for exercise" of such rights for a period not to exceed six months. (Not to exceed 6 months from date of time stamped). Those voting in favor were Albert P. Manzi, Ellen P. McIntyre, Richard J. Byers, and Richard M. Vaillancourt, and Daniel S, Braese. The motion was unanimously approved. All terms and conditions of the above referenced Decision shall remain in full force and in effect. h Andover Zoni g oard f Appeals A ert P. Manzi III, sq., Chairman ten P. McIntyre, ce Chairman Richard J. Byers, Esq., Clerk Richard M. Vaillancourt Daniel S, Braese Decision 2007-022 Page 1 of 1 Albert R M.Inci III, Fsq. Claalmlan E -len P. ,17clntvre., I'in.-Cboirman Richard 1. Beers, Esq. (:lark _Joseph D. LaGnsse David R. Wchster Arsoi-isle .,V emberr Thomas 1). Ippolito Richard M. V.,lillancourt Danita S. Braese, hsq. Town of North Andover ZONING BOARD OF APPEALS �OµORTy 6 1'n 1dla l.i Fawn Clerk Time c,tamp Note: I. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern0istrict 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 ( I ) 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. i North'Andover Zoning Boap(I of Apka Art P. Manzi, 11I, Esq., Chairman Richard 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., RldQ 20 - Suite 2-16. worth Andover. MA 01 845 i'Itone - 978-688-9541 Fax - 978-688-9542 Web - ������ .ta��notnorthanden-er.com / Page 1 of 1 Glennon, Michel From: Cheney, Skip Sent: Tuesday, February 24, 2009 11:46 AM To: Bellavance, Curt; Brown, Gerald; Community Development; Willett, Tim; Willis, Gene Subject: EDGEWOOD RETIREMENT Importance: High FYI Effective July 2009 (fiscal year 2010) MAP: 36 PARCELS: 17, 18, & 19 will all be merged with MAP: 36 PARCEL: 3 per plan # 15919 055,w) s ; 5 7s �- n/l 2/24/2009 Town of North Andover ZONING BOARD OF APPEALS ~ ' Ihcrt 1'. \dartzi III, F q. Chairman 111.1('11 P.1cL11tti'a. 1 `nv-[;heurmajr Rich u(l 1_ Bvers, Clerk, jose_ph D. i nGr:vse Daeid R. Wcbstcr I S.IOrla7C A 1 rm% T( 'l"homas D. Ippolito Richard M. Vaillaucourr Donid S. Brnese, Esq. Any appeal shall be filed within (20) days after the date of filing of this notice in the office of the Town Clerk, per Mass. Gen. L. ch. � gtORT►y � � Notice of Decision Year 2007 ', �-4�e ( 1)11113 1, A, 'U 1'a n JET LL; j ur�l'i t d,06 41� `cI,, a tf4le - sitdod Town Clerk "Gime Se"rnp 40A, §17 Property at: 575 & 549 Osgood Street NAME: Edgewood Retirement Community, Inc. HEARING(S): November 13 & December 18, 2007 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 18`t' 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, III, 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 2"d 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 2"d 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, 133191, Christiansen & Sergi, 160 Summer St. Haverhill, Surveyor: MA.01830 Sheet/Drawing: Sheets 1 - 2 Page 1 of 3 1600 Osuood St., Rldo 20 Slain 16. North Andover. MA M 945 Phone - 978-689-9 41 Fax - 978-688-9542 Web - v��v��.trv�mo6�orthandover.cpi�i � t� Alhert P. Manzi IIIA., Fsq. (:/) -P zn I'llen 1)..\Ic111tyre, I'n-l;haxrmat, Richard 1. Byers, E:sq, Clerk Joseph 1.). LaGrasse David R. Wcbsle.r .,Isco rale Afemberr '111xn n D. Ippolito Richard ;\t. Vaillancourt. Daniel S. liraese, F_.sq Town of North Andover ZONING BOARD OF APPEALS Building Plan Title: Conce tual Cottaoe Plans Unit F o � t- LL«� �Ilt"� M 2 c Jp 9.26.07 Sheet/Drawing: Milk Barn: Proposed I" Floor Plan, Milk Barn: Proposed 2" Floor Plan '9 AO Pay HUS�R 1 ! I ' Trlwn Q(I rii 11770: Sump Building Plan Title: Conce tual Cottaoe Plans Unit F By: [DSA: Dewing &Schmid Architects, 30 Monument Square, Suite 20013, Concord, MA 01742-1873] Date: 9.26.07 Sheet/Drawing: Milk Barn: Proposed I" 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.I (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 10000s2' ood tit., Bldl- 20 - Suite 2-36, North Andover, MA 0184 I Phone. - 978-699-9 11 Fax - 978-088-9542 Wei) - ������.to��nofnorth mdover.cnm t. j.v '1"V rb�bry� 3 y�.o pL F � I t V t f'1."P1(.'"' Town of North Andover 2007 DEC 10 PM 3. 32 Office of the Planning Department Community Development and Services Divi i A3'k= 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. DEC 1 1 Luui BOARD OF APPEALS 1575 Osgood Street, North Andover, MA 01845 Map 36, Parcels 3, 17, 18, & 1.9. 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--.7: North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Jennifer Kusek Tim Seibert, Alternate 2 MEMORANDUM To: ZONING BOARD / Town Hall of North Andover PLANNING BOARD / Town Hall of North Andover From: Sophie Koch -Weser, Apartment 2410, Edgewood Date: September 26`h 2007 Reference: Anonymous Letter, re: Edgewood Life Care Community opinions on new construction Our community has been informed by the Board of Trustees that an anonymous letter was sent to you, pretending to speak for the residents of this Community. As a 10 -year plus resident of Edgewood, I am very disturbed about the fact that you would put any credence to a person writing to you anonymously. Our Board of Trustees has over the years informed us all about each and every undertaking that they had in mind and the benefits that would accrue to us as a result. That happened again, when the Strategic Plan for Edgewood and its future was unveiled some time ago. All the necessary steps were explained in great detail, the names of companies that would be engaged were announced and all plans were displayed in our Lobby for further study by the residents. There have been many meetings during which the residents were free to ask questions and to express doubts. At no time, and I have not missed a single meeting on this subject, was a critical statement made; all questions were answered in full, and the final presentation received an enthusiastic round of applause. Everyone here at Edgewood understands that this project will give us the opportunity to realize a fundamental need. The demographics have shown that the longer the elderly live, the medical world having improved the health care they receive, the more there will be cognitively impaired people among us. For them we need to provide ( at a ratio of 1 nursing bed to every five living units ) a facility within our nursing center, that will cover this need. We have addressed the Certificate of Need regulations, which state that we are entitled to another 40 living units. All of this and more has been explained to the Community and no negative comments have been heard since. I suggest, together with many others here at Edgewood, that you make it clear that any anonymous letter can not be trusted and that people should attach name and address, if they expect to receive an answer. Let the newspapers print them, but we should not be subject to such intimidation in a situation that is meant to be helpful to a large segment of all residents of North Andover. I hope you will distribute this letter to all members of your respective boards. Thank you,Ft SEP 2 81007 BOARD OF APPEALS O 3; C) <D on Pt, BUILDING DEPARTMENT Community Development Division October 23, 2007 To Whom It May Concern: In response to your inquiry about the zoning status for Edgewood Retirement Community, the following information is provided: Edgewood Retirement Community located at 575 Osgood Street in North Andover, MA is a Continuing Care Retirement Community (CCRC) which was granted a Special Permit under Sections 10.3, 10.31, 11.3, and 13 of the North Andover Zoning Bylaw and recorded on June 11, 1990. This Special Permit grants Edgewood Retirement Community, a CCRC, to construct and operate a Nursing Care Facility. Respectfully, Gerald A. Brown Inspector of Buildings cc: file QLl 2 3 LUU I U 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9545 Fax 978.688.9542 Web www.townofnorthandover.com BOARD OF APPEALS Town of North Andover Office of the Planning Department Community Development and Services Division 1600 Osgood St. Bldg. ZBA North Andover, Massachusetts 01845 Con/Com Health http•//www.townofnorthandovcr.com Fire Chief Police Chief Town Clerk DPW/Engineers LEGAL AD U NpO�V� 2 BOARD ( P (978) 688-9535 P (978) 688-9542 FOR PUBLICATION MONDAY, NOVEMBER 19, & 26, 2007 CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING, TUESDAY, DECEMBER 4, 2007 @ 7:00 PM. in accordance with the provisions of M.G.L. Chapter 40-A, Section 11 & Section 16, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for Site Plan Review Special Permit under Section 8.3 and Section 13 - Continuing Care Retirement Center & 10.3 Special Permit & also to consider under Section 10.8 if a certain reapplication to the North Andover Zoning Board of Appeals represents a Repetitive Petition and if so whether to consent thereto. To construct 25 new cottages approximately 2000 s.f. each & a greenhouse of approximately 720 s.f. & a new 20 foot wide roadway with individual driveways to access the cottages, & to expand the existing facilities to accommodate new services. The project will remove three exiting buildings, a gravel access drive and a parking area 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. Applicant/Petitioner: Edgewood Retirement Community, Inc. 575 Osgood Street, North Andover, MA 01845 Owner: Same as above & Edgewood Retirement Properties, LLC Address of Premises Affected Edgewood Retirement Community, Inc. 575 & 549 Osgood Street North Andover, MA 01845 Assessors Map and Lot: Map 36 Lot 3, 17, 18, & 19. Public Hearing Date & Time Tuesday, December 4, 2007 @ 7:00 PM 0'0 °O� ao' aIDO w ° ° �Location of Publi,V.Osa!Y`T ,te V°aD aC CNcn ° E0)1-0 - CO/ EE' ) ° Z i m> W 0 m TcJ-@8,0 ao21 Z�QvY°° Ooi =Cy E m All interested p a- —0.c o� •NU�m -Z ° °r o ° . J a g ' �interested in vi0 Z.o°D 0Z2,a . cmH:17 'c o"n,aioOG(978) 688-9535 14 0, opG °xro' ~ Eon `.m¢C. :.a_z=1= notUJmcU$c .o �p¢Uyo°¢oo E�', E. m:Sc a CL i6 I_'._':' c¢Nrn r.o W o p yC s'_rnnao aOU'V,eNdwiS LU ZJaL.LC�-CO OJO- Z » C �° �U] �O C�d °8a)o�o zmW EW Q~.. Za¢FtQQoCi oLL�•G E y- a Ecd odNcmc rnoo co m Lm E NcmOamOy a zaoc v� PELZ'y1O ° 0. o ; w o J rnNt� aNc_coo. ai LocUQ� o N¢N maSO.°yQmV'�dltV�C�.a�16.2 oOamvoQ>$ . -:dCC° �aoEZ°o :aF F� >�a,>o1!Zo caoo ° Lo¢oo ¢¢ _+,�V�JJi r',.w.�m> •oZ8 ca-.&-2'¢�_. v,cn 0Qa m E �•, ~post-ir Fax Note 7671TO FromCo phone #phone # Fax � Fax ---- __ V- io 10 �7 �D,- /�� '_'-_ insurance Union Contract 2UU2S (Amull k-�ml-mlmn% -rdHy TRANSMISSION VERIFICATION REPORT TIME 11/20/2007 14:25 NAME HEALTH FAX 9706880476 TEL 9786888476 S --ER.# 000B4J120960 DATE.TIME 120 14:')4 11120 FAX Hn.,"NAME 1 89?84700616 DURATION 00:00:24 PAGE(S 0 RESULT OK MODE STANDARD EC -M TO: FAX NUMER: FROM: ZONING BOARD OF APPEALS Community Development Division ]FAX TRANSAUSSION Post'Ar Fax. Note 7671 Dale ges I" a I T04#z" Q�� From = Go. Phone 4t Phone ICA 4 b Ir I cA Town of North Andover Fax Zoning, gourd of .Appeals 1600 Osgood StreetVAX: 978-6M9542 PRONE: 978-688-9541 Cover&Pages: mite:Subject: 1 12 V�jLED :6,,~O O p jv ;SSAGHUSE` . ZONING BOARD OF APPEALS Community Development Division _ Date 11cgyec 4._ r Town of North Andover ` Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Town Clerk Time Stamp tGl NOY 20 i'i'i I Please be advised that I have agreed to'waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a Variance �ial e`�it� Comprehensive Permit (40B) din for property located at: STREET: .`� .' S 5 D5 07) v p MAP: PARCEL:��; TOWN: North Andover, MA 01845 TO MEETING DATE(S):�/ NAME OF SIGNED: PETITION �� 1 ✓�c , 1. zt, Pet' 'o r (oret' 'o Ws representative) 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com TRANS+'1I'SSION VERIFICATIOhJ REPORT TIME 11/13x'2007 12:15 NAME HEALTH FAX 9786888476 TEL 9786888476 SER. # 0004J120960 DATE,TIME 11.'13 12:15 FAX NO.' AME 817813721199 DURATION 00:00:27 PAGE(S) 03 RESULT OK MODE STANDARD E01 Glennon, Michel From: Daley, Lincoln Sent: Tuesday, November 13, 2007 2:23 PM To: Brown, Gerald; Glennon, Michel Cc: Ippolito, Mary; 'Robert W. Lavoie' Subject: Edgewood - Determination of Repetitive Petition Gerry/Mich: Attached please find my memo regarding the Repetitive Petition determination from the Planning Board for the Edgewood Sp Lincoln Daley Town Planner Town of North Andover Phone - 978-688-9535 Fax - 978-688-9542 2007.11.13 igewood ZBA Letter, NOV 9 - zUU / BOARD OF APPEALS i M PLANNING DEPARTMENT Community Development Division MEMORANDUM TO: Albert Manzi III, Chairman — Zoning Board of Appeals FROM: Lincoln Daley, Town Planner CC: Curt Bellavance, Community Development Director RE: Edgewood Retirement Community, Inc., 575 Osgood Street, Map 36, Parcels 3, 17, 18, & 19. Determination of a Repetitive Petition in accordance with Zoning Bylaw, Section 10.8 DATE: November 13, 2007 This memorandum is being submitted on behalf of the Planning Board to summarize the events of the November 2, 2007 Planning Board Hearing and provide a Determination of a Repetitive Petition in relation to the Edgewood Special Permit Application before the Zoning Board of Appeals (ZBA). Project Description: The applicant is before the ZBA seeking a Special Permit and/or a Finding to alter/rehabilitate the existing Milk Barn, a pre-existing non -conforming structure that lies within the 100' setback perimeter. 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. Project Update: 1. On or about October 12, 2007, the ZBA Chairman requested that the Applicant receive a determination from the Planning Board as to whether the new application is deemed a repetitive petition in accordance with Massachusetts General Law c. 40A § 16 and North Andover, Zoning Bylaw, Section 10.8. 2. On November 2, 2007, the Applicant appeared before the Planning Board seeking to Withdraw the current applications for a Site Plan Review Special Permit and CCRC Special Permit Without Prejudice. The Planning Board voted unanimously to approve the Withdrawal Without Prejudice request. At the Public Hearing, Edgewood also asked that the Planning Board make a determination that the new application before the ZBA for a Special Permit is substantially different from the original application. 3. The Applicant submitted a new Site Plan Review Special Permit and CCRC Special Permit application to be heard on December 4, 2007. The design and layout of the new applications before the Planning Board and Conservation Commission are consistent with the Special Permit application currently before Zoning Board of Appeals. NOV Y — LUUI BOARD OF APPEALS 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofnorthondover.com Page 1 of 1 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Wednesday, October 31, 200710:06 AM To: Glennon, Michel Cc: Daley, Lincoln; Ellen McIntyre Subject: Edgewood Mich.............With respect to the Edgewood Matter and as per my discussions with Curt, Lincoln, and Town Counsel, absent a finding from the Planning Board with respect to its status as a "repetitive petition", per section 6 of the ZBA rules and regs, the matter will not be heard. APM ILi, Chairman Attorney Albert P. Manzi 111 24 Main Street North Andover, Massachusetts 01845 Tel. 978-681-6618 Fax. 978-681-6628 website: www.manzilaw.net Confidentiality Notice: The information andlor documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. Any other reading, dissemination, distribution or reproduction is prohibited If you receive this email in error, please notify the sender immediately by telephone and reply email and fully delete the email received without making a copy of the email or any attachments. 10/31/2007 Albert P. Manzi III, Esq., Chairman Ellen P. Mchityre, Vice -Chair Richard J. Byers, Esq., Clerk Joseph D. LaGrasse David R. Webster Town of North Andover ZONING BOARD OF APPEALS Of NORT a 6� O o ;: v w :+ �9SS^CHUSEt M64P74' LEGAL NOTICE LEGAL'`NOTICE :; ' ' LEGAL k6TICE, NOFrrM, ANDOVER. BOARD'OF'APPEALS ' Legal,'Notice '" Noith'Andover;. " , Notice .1s hereby given that the .North 1 Board of A eals. pp .. . Andover Zoning Board of Notioeis hereby given A eWs'will°hold.a,public that the:North°Andover Zoning,':. f Board` .of sirs hearing at the top ffoor n the Town FMA11,120 Main ; Appeals ;will hold' a pub- hc;hearing at tFi'e top Ia";Town.Wall;. St eet,;North Andover,- MA on.Tuesday.'.the floor 120 13th*of_November, 2007n Main;..',,Street . 'North Andover; MA,on Tues- -at 7:30 PM to all parties~ interested,in`the applicar: day the'13 of-Novemr to ber; •2007 at.to tion' of?Denise Grasso, Bridle'PaW,'(Map all parties mterested'in - .245 64; Parcel_ 74), =North the application of M atthew J e,1 4 Andover;xeguesting a Chickering ...Road, for dimensional "Variance from `4, Para• premises at:. Lot . 2 .Section ra h °4:1.3 3 c u:3 of Cotuit,wStreet (Map 47, Parce6°;=,148) t sNorth thepZoning BYIati' n order to construct:a Andover, MA requesting detached accessory a Special Permit°from Section,A Paragraphs garage,,Withinthe 100' `buffer from bordering 4 '.1.2 2 1f4 A. b vegetated _wetlands ,and 4 122.14 D, nd aSection, 10,`Paragrapii 10.3. of withinthelNater;Protec, the a;Bylaw ;'in tion District's Non Distur- Bance=Buffer Zone .,�?: - ,Zoning order to construct a two family dwelling,on a +;.. Said premise affect- e`d is-proper;;ty =with conforming lot. •.�, ` fYontage ;om the West Said premises affect- ed is ,property;!" with side.of Bridle PkW]%4ithin Zt a R-1, zoning distnct. `- . frontage on th6 North, Plans „re available, a side of Cotwt Street' within fhet R 4 zoning fonrewew:at the:offii a ofi r , the Board of Appealsdistrict., office �'a1;600 Osgood •' Plans are available for; review at the office of ,Street, Buiiding:.20, Suite 2-36;', orth`Andover, MA the..Board of:APpeals� 01845'Monday through office; ,;1600 .Osgood. ', Street, Building 20; Friday.during the::hours of 8 30AM to 4'36PM: Suite 2 36 , North By order of the Board of And"over MA 01845 Monday;'through> Friday Appeals Albert P Manzi, III, during "the hours. of ;Chairman 304,1to 4:30. M. By order.of,the By, Legal Notige 2007.020 Board of.Appeals Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Zbning Enforcement Officer Gerald.A. Brown LEGAL NOTICE North Andover, u .Board of ;Appeals`; "aLegaRNotice Notice is hereby given that thea North, Andover zoning Board of,, Appeals wi11 hold aputt- is .hearing at"the..top floor.:of%wn`,Wali; 120 Main" Street�,;,�North Andover MA:on Tues- daysthe 13th;of•Novem- ber, 2007 at Z:30 PM `to all parties interested in the apphcatfons ,i, of EiJ46i6od :Retirement [`e�mmunlYv�tnc_-575;& .. Noah Center,:and/or, ;fora; a Finding _under Para' graph '9A and'Section 13:5:d 1 , (C.ontinuing Care. Retirem"ent"Center Perimeter -,Setback .of 100 )rthat the .proposed change �,extension�ior alteration ofsaid pre - premise affected arty wiftfrontage 3 East:•+-side;'of Albert R Manzi;dll, tne. =esoara ;OT•.Rppeais ET 10/22; 10/29/07 !Chairman office, 1600`...Osgood ET 10/22-,A 0/29/07 Streetj_,_, Suite, , 2;36.;3,, .:North Andover MA .01845 Monday -?.through Friday during -,;the rhours'. of 8 30AM to 4:30PM :B . c By�grderof the .oard:of Appeals �^ "Albert R: Manzi,,.II1; -Chairman ET =10/22;,10/29/67 Zoning Board of Appeals -Town of North Andover- 1600 Osgood Street, Building 20, Suite 2-36, North Andover, Massachusetts 01845 Phone- 978-688-9541 Fax - 978-688-9542 Web - www.townofiiorthandover.com TRANSMISSION '-JERIFICATION REPORT TIME 1012312007 10:30 NAME HEALTH FAX 9735889476 TEL 9786888476 SER.# 000E4J120960 DATE,TIME 10/23_ 10:29 FAX tJO. r'NAh9E 89786889557 DURATION 00:00:32 PAGE-' 02 RESULT OK MODE STANDARD ECM 0 ZONING BOARD OF APPEALS Community Development Division TO:i FAX NUMMER: FAX TRANSMYSSION FROM: Town of North Andover ZOn1ng.BQard ofAppeab 1600 Osgood Street FAX: 978-688-9542 PHONE: 979-699-954t Cover & Pages P-.. Atte; f Subjects ZONING BOARD OF APPEALS Community Development Division FAX TRANSMISSION FAX NUMBER: t A — 644 - `7S � % FROM: Town of North Andover Zoning. Board of Appeals 1600 Osgood Street FAX: 978-688-9542 P11ONE: 97"8-9541 Cover & Pages: Pate: 1 d--)-3— D 7 .Subject: 13—d7� Remarks: I (N6 0 l) d L4 6 5 I e- 3 t ey 15 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 Fax 978.688.9542 Web www.townofnorthandover.com MANEMILLIMET ATTORNEYS AT LAW October .11, 2007 Town of North Andover Planning Board 1600 Osgood Street North Andover, MA 01845 ROBERT W. LAVOIE 978.475.9100 RLAVOIEQDEV INEMILLIMET.COM Re: Edgewood Retirement Community Pending Special Permit Applications Request Relative to October 10, 2007 Public Hearing RECEIVED OCT 112007 -PLANNINGIDEPAIUMEK To The Planning Board: This will confirm the request on behalf of Edgewood Retirement Community that the Pla�i I Boar (:D i.� allow us to make a brief (approximately 15 minutes for presentation, and 5-10 minutes fo%E..., ions �d '" ;; __4answers) relative to the Project.''c=' s Basically, in view of the Zoning Board of Appeals' denial of the Requested Variances, it became necessary to re -design Areas A and G to make each of those Areas conforming with the 1I O�_ t M- C:>0 Perimeter Setback under Section 13 of the Zoning Bylaws describing requirements for Un—tinuing Care Retirement Communities ("CCRC"). We are today filing with the ZBA for a Special Permit and/or Findings under Bylaw Section 9.1 to allow the alternations/rehabilitation of the Milk Barn, a pre-existing non -conforming structure. Once the two land areas are consolidated (by means of the ANR Plan) following Planning Board action on our pending Applications, the Milk Barn (located for approximately 100 years at 42 feet from the Perimeter Setback of its existing lot) will not meet the 100 Perimeter Setback. This will result in a building which Edgewood Retirement, as part of its CCRC, will need to alter/rehabilitate. In summary, Edgewood Retirement Community would respectfully request that the Planning Board allow us a brief opportunity to update the Planning Board as to the Status of the Project, and the ZBA filing which will be accomplished, today. Should you have any questions or require any further information, please do not hesitate to contact me. XRoberty lyours, W. voie RWL:tim 114327\6549M0146856.1 } D�R�VOIE,I-M.]LAL ET 1 I! I A 11 N BOARD OF APPEALS 300 BRICKSTONE SQUARE T 978.475.9100 - MANCHESTER, NH PO BOX 39 F 978.470.0618 ANDOVER, MA ANDOVER DEVINEMILLIMET.COM CONCORD, NH MASSACHUSETTS 01810 NORTH HAMPTON, NH S L I N B E C K TO: North Andover Planning Board FROM: Stacey Furlong, Linbeck CC: Marlene Rotering, Edgewood Robert Lavoie, Devine Millemet & Branch DATE: OCTOBER 2E, 2007 RE: EDGEWOOD RETIREMENT COMMUNITY Memorandum Reference is made to the Edgewood Retirement Community in which an overlay drawing was requested by the Planning Board to show the changes from the original site plan. As requested, we have outlined the recent changes to the Site Plan in the Overlay Drawing attached and the narrative below. Residential Scoae Area A ➢ Number of Units changed from 8 to 7 ➢ New Configuration on 4 units is proposed ➢ All units are outside the 100' Setback ➢ No variances are required from ZBA Area G ➢ Number of Detached Units changed from 5 to 4 ➢ New Configuration of 2 units is proposed ➢ All units are outside the 100' Setback ➢ No "variances" are required from ZBA ➢ A Special Permit or Finding is required from ZBA to alter Milk Barn into 2 units Area H ➢ Shifted unit H8 slightly Expansion Scope The configuration of the expansions has been updated for the ➢ Cognitive Impaired Unit ➢ Social Day Program ➢ Bistro The expansion for the Billiards room was eliminated Summary: ➢ Number of overall units proposed has reduced from 27 to 24 ➢ Total number of detached units has changed from 24 to 22 OUT 2 9D 2007 BOARLi iii- ,1PREALS K � �- W � 00 �o <c Qo n coF-�--I rU ,1 M W a�ot M�1M X44 f TOWN OF NORTH ANDOVER r€ "4r i;�� ,r n SPECIAL'` � `�" '., m,-Frc- ZONING BOARD OF APPEALS PERMI`PO7 CCT 1 ;� P NAME Edgewood Retirement Community, Inc. V16:3U ADDRESS OF APPEAL 575 & 549 OsRood Street_ - Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The Petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST: The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers.the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on 'behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all parties in interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 4�0A 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 Clerk's Office The petitioner is responsible for recording certification of to be certified by the Town Cleric 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 MRZoning Boani ofAppeals and the Building Department.IATANTPHONE 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 978488-9501 Town Clerk's Office 978-688-9545 Building Department 978-688-9566 Assessor's Office 978-688-95,41 Zoning Board of Appeals Office �'' z' PAGE 1 of 4 UGI 1 i cuu-1 1J RnARD OF -APPEALS o, MOIfTN g ;C i i\/ TOWN OF NORTH ANDOVER SPECIAL1n ^ h ZONING BOARD OF APPEALS PERMM07 0 NAME Edgewood Retirement Community, Inc. �` d ADDRESS OF APPEAL 575 & 549 OsRood Street Procedure & Requirements for an Application for a Special Permit Ten (10) copies of the following information must be submitted thirty U days prior to the first public hearing Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zoning Board of an application as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. The Petitioner will complete items that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 2: SPECIAL PERMIT APPLICATION FORM Petitioner completes an application form to petition the Board of Appeals for a Special Permit. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in Section 10 page 4 of this form. STEP 4: LIST OF PARTIES IN INTEREST- The petitioner requests the Assessors Office to compile a certified list of Parties in Interest (abutters). STEP 6:.SCHEDUUNG OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STEP 7: DELIVERY OF LEGAL NOTICE TO NEWSPAPER The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers.the legal notice to the local newspaper for publication. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on 'behalf of the petition, the Board shall decide on the matter by using the information it has received to date. STEP 9: DECISION: After the. hearing, a copy of the Board's decision will be sent to all parties in interest Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. OA sec. 17, within twenty (20) days after the decisions 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 Clerk'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 Clerk'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: 12111111110=110M A 0310i: z1fe;, 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 978-688-9545 Building Department 978-688-9566 Assessor's Office 97_8-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 UG1 1 i LUU/ — — -- n nnr- n 1 0 PAGE 2 OF 4 Date & Time Stamp North ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT Please complete all items 1' 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 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 Sethark of 100' in a CCRC (Continuing Care Retirement Center) and Section 9-1 Non-ronformina *Refer to the Permit Denial and Zoning Ordinance Plan Review as supplied by the Building Commissioner 5. Describe the Special Permit request: See Additional Sheet5__attached...hereto 4 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. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a SPECIAL PERMIT 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): Lot Area Open Space Percent Lot Frontage Parking Spaces Minimum Lot Setback Front Side A Side B Rear Sq. Ft. Sq. Ft. Coverage Feet See Additional Sheet 6 % o� 0 6C. Required Lot: (As required by Zoning Bylaws & Table 2)) Lot Area Open Space Percent Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces See Additional Shes 61 7A. Existing Building(s): Ground Floor Number of Total Square feet Floors Sq. feet See Additional Sheet 7A 7B. Proposed Building(s): Ground Floor Number of Total Square feet Floors Sq. feet See Additional Sheet 7B Use of Building* Minimum Lot Setback Front Side A Side B Rear *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. Number of Units** Use of Number Building* of Unitsk* *Reference Uses from the Zoning Bylaws & Table 1. **State number of units in building. 8. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form, which is the official form of the Zoning Board of Appeals. Every application shall be filled 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 CQmpIy with application requirements, as cited herein and in the Zoning Board Rules and Regulations may. _ result in a disrr � ff � i Yin INncompl te. EDGE ETI MENT P OP�RTIES, LL SI nature_ . _ . -_ _ By - -. _._._lea Rot td -ring, M a e len G oterin , Execu ive hector- - g� S Street: Zoning Bylaw Review Form °`, •^ <�" s•,+ a Town Of North Andover I°-: oP Ed ewood Retirement Community, Inc. Building Department Convert existing milk barn into 2 dwelling units Date: 1600 Osgood Street, Building 20, Suite 2-36 'sSgcHuse` North Andover MA. 01845 1 Phone 978-688-9545 Fax 978-688-9542 Street: 575 & 549 Osgood Street Ma /Lot: 36/3,17,18, 8:19 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: Remedy for the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies Special Permit Pre-existing, Non - Conforming 3 Lot Area Complies OSGOD Special Permit C-3 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 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 j Sign 3 Lot prior to 10/24/94 1 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-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 S ecial 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 Permit Special Permit Use not Listed but Similar Planned Residential Special PermitSpecial Permit for 2 Unit R-6 Density Special Permit B-4 Special Permit Pre-existing, Non - Conforming 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 a ve file. You must file ew building permit application form and begin the permitting process. 7 � 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: '# Review_ °FormItemh4 +.Reference.�W. Reasons dor Denial &.By�avyReference d �, trs t Police X Zoning Board of Appeals B-4 A Site Plan Special Review is required from the Planning Board under Section X Planning 8.3.2 iii of the Zoning Bylaw "Any construction, site improvements, new uses Other 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 Rafarrarl Tn- Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works I X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 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." 114327\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 Pen -nit. Zoning Board Table Bylaw Requirements Scenario #1 Current Special� Permit PSut a i Sce to Ri � � Xs� �th� Liit~wi,�iR Co (ages Scenario #4 Existing + New lot Ref Description Value Value POW -Ma' W Value 13.5a Lot Size 25 acre minimum 62 acres 82 acres 13.5b Permissable DensityMax 250 Units 219 units 227 Unit'kt `' ,� , 16�units 246 units Allowed 3.5 units / acre�3� n riitsl# _� 0 8 units !ace 3 units/ acre 4 units / acre �� � 13.5b Ratio of Independent Dwelling Units (Cottages) to Total Number Units Less than 15% of total N/A ' 3 50°o y �a NO 11 of units 13.5b Floor Area Ratio Less than 0.25 0.13 0141 �Or09 0.12 �r 13.5c Lot Coverage Less than 25% 5.0%�e5 6°l0 5.9% ... 13.5d/1 Perimeter Setback 100 Ft 110'@ Building -q69-6 @ 5@ 67.5'@ 8000 cgttage f � co,tag'esg cottages 13.5d/2 Frontage on Osgood Street At least 150 Ft 150' W,a 325' 475' ! I & A 1u� 3 Y C"��� p✓ 13.5d/3 Building Height Less than 35 Ft / 3 35' 35' [ 27 35' stories 3 stories 3 stoe}es 2 siotig 3 stories N, 13.5e Common Open Space At least 50% 86.1% 86.6% 13.5f Parking At least 299 spaces 363 Spaces �3 95a�ces' �s aixces, 417 spaces 13.5g Public Sewer Must be connected Connected � �. S - wmy C Connected ectek nneeted 01gflp 12, 'i 3 f, a;may' 13.5h Public Safety Must be Sprinklered Sprinkleredprir5(Ctered �uprlhklered Sprinklered Calculation Sheet Gross Floor Area 346,134 367,684£ 73 813 441,497 Floor Area Ratio 0 134 0.12 Building Coverage 135,155 150,955 58 164: 209,119 Lot Coverage 5 0% 5.9% a Building & Pave Coverage 378,155 r�k�5;93 $;16'4 478,119 Open Space 86.1% a $ °°y,.,, ,,. ,90,0°ID 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\64824\AO ] 46890.1) APPLICATION FOR A SPECIAL PERMIT Petitioner: Edgewood Retirement Community, Inc. 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.1. { 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 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 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, being in locations directly adjacent to permanently restricted open space (owned by the Town). {14327\64824\A0146885.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 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 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. Ar ument: 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 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. Submitted, 1�dkwood�fZe ' 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 Q a E; V D 0 m o m D O 0 cn �' n 0 :3 oc°0 _0 Q v 3 0 -t- w () 0- .-#- m Cn C� ;::w ° cin o :3o o ° < (. m n. cn v (Dm h o 0 .� D o -h m v n -o v Q 9cn CD :To CL m D (n 3 Jw cr CD O --h n O rMIL CD m z 0 S� c (D CD (n CD 0 (D O CD m • D D C7 Cn -o r = Cn — cQ ;::p o .�0 cn (D < �. o 0 0- cD Lyl cQ o n � C7 -t w CD m W CD r < 0- �' Q D X _0 CD CD _+ CQ (D Cn : Q (D 0 CD Q CD �. (Dz r <' C-) o CD � (n �' (a o 3 :3 :3 C 3 /n fTf z t S CDT /0 ( i 0 0 r - n(D�-+ �--�- O ' ;: � 3 r+ CD zr -no =r CDCD 0-0 cn = w cu z Q ::E O � � � . O D C CD in Q cu cn ZZ a' rn :3= m �. 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N O rA BK QUITCLAIM DEED 9223 PG 177 I, 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 with said Registry of Deeds. As set forth on said plan, Parcel A contains 14.96 acres. r*i Lot 2A-1 on a plan by Robert M. Gill & Associates, Inc. entitled "Compiled Plan of L in North Andover, Massachusetts" dated July 5, 1995 and recorded as Plan No. 12724 'cl with said Registry of Deeds. As set forth on said plan, Lot 2A-1 contains a total area of2l� 93,945 square feet (which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A -!g containing 128 square feet). -+o The parcels are conveyed subject to and with the benefit of all rights, easements, covenants, c 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: 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]. DEVINE, MI11D1ET & BRANCH PROFESSIONAL_ ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER. MASSACHUSETTS 01810 n 0 rn w s 0 Ln C." 1 raS Executed under seal this BK 4 9223._-A 178 day of1QP��j2C&-,2004. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: 1rSse�4 On this 4k-�- day ofM , 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 'tWd- My commission expires: 7- (SEAL) �d a� v �, +. cn u a� 00ro C� 0 c) 4j kD u 000 v v G u t7 w 0 Ul rn b b a GK 437$ PG 11 DEED 1, SAMUEL STEVENS ROGERS, of 7 Abbot Street, Andover, Essex County, Massachusetts 0 18 10 ("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 North Andover, Essex County, Massachusetts, shown as Lot 6 on a plan entitled: "Plan of Land No. Andover, Mass." by Hang 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 effected by an Affidavit dated November 9_1989, -recorded with said Deeds in Book 3029, Page 90, {thf "Plan"), -said Lot 6 being shown on sheet 1 of 4 of she Plan and being bounded and ;.s set forth in Exhibit A attached hereto and made a part hereof, containing, according to s -an as affected by said Affidavit 2,716,664 ± square feet or 62.366 + acres, (the "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: (1) All rights, title, and interests, if any, of Grantor in, to and with respect to any land lying; the bed of Osgood Street- directly abutting the Premises; 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; (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 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 bounded and described as follows: 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 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. Ando!,�LMass." 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 muccessors �L . 1 a~l l5 ��cu'xX�l 1�-rne c�nz \i�A�C1c��r L�IS�I� CA F� CSD W 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 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 Fane, 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 478 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. BK 4378 PG 118 WITNESS my hand and seal this VAday of bier, 1995. ,,,h 1 Q _et r _ - Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS S ttyr4olk, ss. Boer ;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 v, " �, 2. -�, (�Z, o Public My Commission Expires: r- ,Z., Ps 2 ue W J M h Y o W CG >< F- V r 8K 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. 0 a „Q W, e- , 1995 Then personally appeared the above named Elizabeth A. Beland, Treasurer2of Edgewood Retirement Community, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me ,- I R.,'t-1tiL2 w • w%A q tie J Notary Public My Commission Expires: S e r r aq ;EXfM1f A Bid 4378 PC 120 '1141 �]�1 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 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 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 Cochichewick as located on January 6, 1986, 1,485± feet to a point; thence turning and rwming 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 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; G3-8 PG 12 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 cou r=-. 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. 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 9/18/95 -Recorded at Book 4341, Page 61 B. Site Plan Review • Site Plan Review • 10/5/89 10/5/89 -Recorded at Book 3119, Page 266 -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 Drivewa • 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 • Conservation Restriction -Recorded at Book 4379, Page 242 • Order of Conditions -Recorded at Book 4331, Page 21 (14327\64824\AO131463.1) Dated • 10/27/95 11/10/95 • 8/2/95 9/1/95 EDGE WOOD RETTRFMF,IN PROPERTIES, LLC CIO EDGEWOOD R.LTTRr1VIENT COMMUNITY, INC. 575 OSC300D STREET. NORTH ANDOVER, MA. 01 845 (978)725-3300 April 12, 2007 North Andover .Zoning Board of Appeals 120 Main. Street North Andover, IVA 01845 VNIIMUMPetition 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 LBA; This will confirm that F,dgcwood Retirement Properties, LLC ("Owner") is the record title O -%mer of the above-rcferenced Property; said Properly is a portion of the land which is the subject of the Variwice Petition brought by Edgewood Retirement Communities, Inc. ("Edgewood Retirerrirnt"). 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 compic hon of tyre permitting process (which had started earlier this year- with the Conservation Commission, is now I)Qforc the.. ZBA, and will continue through the. Planning Hoard for Special Permits, and the Conservation Commission for an Ordcr 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 Purchascd i:roin Mr. Rogers in 2004 was taken in the name of Ovaier, due to the fact that Edgewood Re6rernc,nt's expansion plans were only just then bet inuring to be formulated. As can be seen by this filing, the Expansion Plans have coalesced into the current PTOLTam only anter a careful, methodical consultation with Edgewood Retirement's resident community and various Town of North .Andover Boards and Ofiicial.s. Should you have tory questions, require any further information about this matter, please do not hesitate to contact rne, or the anorney for Edgcwood Retirement and for the t 1432-A7761 M0132447.1) Owner, Attorney Robert W. Lavoie of Devine Millimel. & Branch, PA located in Andover, MA who can be reached at (978) 475-9100. Very truly yours, EDGEWOOD RETIREMENT PROPERTIES, LLC Marlene t i. Rotering, Mmilger {1432707n111A0132447.1) 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, 36 abutters, owners of land directly oppositeon any public or private way, and abutters to abutters within 36 three hundred (300) feel of the property line of the petitioner as they appear on the most recent applicable 36 tax list, not withstanding that the land of any such owner is located in another city or town, the planning 36 board of the city or town, and the planning board of every abutting city or town." Subject Property: 16 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 6 Map Parcel 36 7,8&15 36 20 36 24 & 1 36 2 36 16 36 5&6 Lake Cochichewick 36 4 36 21 102 5 102 6 35 32 101 1 101 5 101 3 101 6 101 10 101 9 101 8 101 11 101 12 Name Address Trustees of Reservations V572 Essex Street, Beverly MA 01915 Edgewood Retirement Community �r75 Osgood Street, North Andover, MA 01845 Family Cooperative Preschool 1,,T49 Osgood Street, North Andover, MA 01845 1iE♦=R Realty Trust '--F='.O. Box 512 Osgood Street, North Andover, MA 01845 Donald Ross polt Stevens Street, North Andover, MA 01845 Nancy Melia ✓523 Osgood Street, North Andover, MA 01845) Commonwealth of Massachusetts 100 Cambridge Street, Boston, MA 02202 )- iTtf kw jQ�°i9. a George Ouster y�`�IR 623 Osgood Street, North Andover, MA 01845 11- {b -Z Town of North Andover 120 Main Street, North Andover, MA 01845 Raymond Mesiti )j526 Osgood Street, North Andover, MA 01845 Elizabeth Nadeau V504 Osgood Street, North Andover, MA 01845 Town of North Andover "�0 Main Street, North Andover, MA 01845 Ronald Rudis 1,588 Osgood Street, North Andover, MA 01845 ( Mark Berberian Yt'T Li 10 e � -,,-586 Osgood Street, North Andover, MA 01845 Debra Kouloputos t.-580 Osgood Street, North Andover, MA 01845 John Correia,\ X3$4 Osgood Street, North Andover, MA 01845 Howard Clayman f Q�C�t / Ipp.) 578 Osgood Street, North Andover, MA 01845 11 -/q-07 Sally Dungan 4--&74 Osgood Street, North Andover, MA 01845 Pedro Arce A-5616 Osgood Street, North Andover, MA 01845 Jeanne Callahan V5�0 Osgood Street, North Andover, MA 01845 Sandra Blaeser Vtl 16 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 SCALE: 1 2000' +/- PRESCOTT ST. 4 - Anrlimm, D p— DA OSGOOD ST. T£: 1 N o ASS, OCUS MAP FOR REGISTRY USE ONLY MAP 36 LOT REFERENCE PLANS SEE PLAN ,f 14! FOR BOUNDARY / I CERTIFY THAT TH/ PLAN CONFORMS TO THE RULES N.E.R.D PLAN X44951 LINES qND REGUG4TlONS F THE REGISTER OF DEEDS. N.E.R.D. PLAN X11813 PART OF PARCB 10/10/07 REFERENCE DEEDS "� � sa DD�. N.E.R.D. BOOK 9223 PAGE 177 N.E.R.D. BOOK 4378 PAGE 115 1 -� "0f °S ZONING BOARD OF XISTING,l i APPEALS PLAN WELLINGS+� , '' LOCATED IN J / NORTH ANDOVER, MA. RECORD OWNER & APPLICANT EDGE FOOD r/I -L -vh"""TI IR El ME L1 -_ i li 0 V rMUNITY, IN( ZONING DISTRICT C/0 MARLENE ROTER/NG RESIDENTIAL D/STRJCT 2 549 OSGOOD STREET, NO. ANDOVER, MA. MINIMUM AREA = 43,560 S.F. \ SCALE: 1 " = 40' DATE: 10/10/07 MINIMUM FRONTAGE = 150' 40 0 40 80 FT MINIMUM FRONT SETBACK = 30' os, MIN/MUM SIDE SETBACK = 30' MINIMUM REAR SETBACK = 30' PROFESSIONAL ENGINEERS ------- ISTIANSEN Q SERGI LAND SURVEYORS IN -13.5 STANDARDS AND RESTRICT/ONS cSUMMER ST. HAVERH/LL,MA. 01830 TEL 978-373-0310 d. DIMENSIONAL REQUIREMENTS © 2007 BY CHR/ST/ANSEN d SERGI INC. PER/METER SETBACK = 100' 2. DRAWING NO. 06084 007 Y� Y q:h� 5/� ft y tf 'A,% dl"�-*� .. ;k A,:.h r:J- 3.� �r �1� f: -j � m �f �`�h � �7N+✓,�'i'.r�X �'I � Y 1( r t+lt� i i�I %''C5 s/ a i V I � r. �1 { h� -. ..,.�:. .�.,_..,. a.�i,.,;•'n. z �?i":r. �. �,a...+ ,.:..�.r� ,at�...,1..,;s'h�.-..,...,�si�rf:�-.,�a..�?�„t.,...-i,� >�"� °?,'�.. 'c.,,..,� ,,a,°J��,.�t� .rs�rt.�� r�.i.r�����.� �';�� .fir 9. WRITTEN DOCUMENTATION Application for a Special Permit must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon. When requesting a Special Permit from the requirements of MGLA ch. 40A, and the North Andover Zoning By-laws, all dimensional requirements shall be clearly identified and factually supported. All points, 1-6, are required to be addressed with this application. 1. The particular use proposed for the land or structure. 2. The specific site is an appropriate location for such use, structure or condition. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. S. The use is in harmony with the purpose and intent of t Zoning Bylaw. 6. Specific reference and response to the criteria required by the particular Special Permit for which this application is made (i.e. the Earth Removal Special Permit has unique criteria and submittal requirements.). 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan. Plans must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of building elevation plans by a Registered Architect may be required when the application involves new construction/a conversion/ and/or a proposed change in use. 10 A Major Projects Major projects are those, which involve one of the following whether existing or proposed: 1) five or more parking spaces, IIj three (3) or more dwelling units, IM 2000 square feet of building area. Major Projects shall require that in addition to the above features, plans must show detailed utilities, soils, and topographic information. *10. B. *Plan. Specifications: 1) Size of plan: Ten (10 ) paper copies of a plan not to exceed 11 °x17”, preferred scale of 1 11=40' H) One (1) Mylar, with one block for Registry Use Only, and one block for five (5) ZBA signatures and date. M Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect maybe required for Major Projects. *10 C. *Required Features On Plan: 1) Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. H) Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10 D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an. asterisks (*). In some cases further information may be required 11. APPLICATION FILING FEES A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover for the cost of first class, certified, return receipt ($5.21 as of May 2007) x #%f all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice check. Also, the applicant shall supply first class postage stamps (currently 41 ¢) x the # of parties of interest on the abutter's list for the decision mailing. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1"x2-5/8' (3 copies for the Legal mailing and one copy for the Decision mailing). C. See 2005 Revised Fee Schedule. [DID A Special Permit once granted by the ZBA will lapse in 2 (two) years if not exercised and a new petition.must be submitted. ®© 0 NORTN • r�n FINDING r ,t=; TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS�� OCT `' 27 NAME: Edgewood Retirement Community, Inc. AWRESS OF APPEAL: 575 & 549 Osgood Street ' Procedure & Requirements MAS5A�'`'` for an Application for a Finding Ten (10) copies of the following information must be submitted thirty3(�0 days prior to the first public hearing. Failure to submit the required information within the time periods prescribed may result in a dismissal by the Zonina Board of an apdication as incomplete. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and Regulations and is not meant to supersede them. TT1 g aeWorm m oomolete Reis that are underlined STEP 1: ADMINISTRATOR PERMIT DENIAL, The petitioner applies for a Building Permit and receivers a Zoning Bylaw Denial form completed by the Budding Commissioner. STEP 2: FINDING APPLICATION FORM: Petitioner completes an application form to petition the Board of Appeals for a Finding. All information as required in items 1 through and including 11 shall be completed. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited in section 10, page 4 of this form. STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: The petitioner requests the Assessor's Office to compile a certified list of Parties in Interest (abutters). STEP 5• SUBMIT APPLICATION: Petitioner submits one (1) original and ten (10) Xerox copies of all the required Information to the Town Clerk's Office to be certified by the Town Clerk with the time and date of filing. The original will be left at the Town Cleric's Office, and the 10 Xerox copies will be left with the Zoning Board of Appeals secretary. STEP 6: SCHEDULING OF HEARING AND PREPARATION OF LEGAL NOTICE: The Office of the Zoning Board of Appeals schedules the applicant for a hearing date and prepares the legal notice for mailing to the parties in interest (abutters) and for publication in the newspaper. The petitioner is notified that the legal notice has been prepared and the cost of the Party in Interest fee. STS 7: DELIVERY OF LEGAL NOTICE TO The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the local newspaper publication. STEP 6: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: The petitioner should appear in his/her behalf, or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using the information R has otherwise received. STEP 9: DECISION: After the hearing, a copy of the Board's decision will be sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts General Law ch. 40A § 17, within twenty (20) days after the decision is filed with the Town Clerk STEP 10: RECORDING THE DECISION AND PLANS. The petitioner is responsible for recording certification of the decision and any accompanying plans at the Essex County, North Registry of Deeds, 381 Common St., Lawrence MA, and shall complete the Certification of Recording form and forward R to the Zoning Board of Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 9784;88-9533 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, 978-888-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978488-9545 Building Department 978-688-9541 Zoning Board of Appeals Office I C r PAGE 1 of 4 out I 6c -r ' ) cuu BOARD OF BOARD OF APPEALS PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G Pieaso complete all items 1-10 belo* I 1. Petitioner: *Name, *Address and telephone number: Edgewood Retirement Community, Inc (Attn: Marlene Roter;ng) 575 Osgood Street North Andover, MA 01845 (978)775-3300 *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 Comm_unity, Tne - (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 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 *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 b the Zoning Board Rules and Regulations as cited on page 4, section 9 of this application. Failure by the applicant to describe the reques 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 applican and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current toning 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 Real A. See Addtional Sheet 6A % B. % NORTH ANDOVER ZONING BOARD OF APPEALS application for a F I N D I N G 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" See Additional Sheet 7A Agriculture - Residential 'Reference Uses from the Zoning Bylaw. & Table 1. "*State number of units in building(s). 71B. 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 *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 nt—Commu ity Inc. ,( 1 Edge d Ret' emen Properties, LL( Signature: by: 9r� � I by ' ► .: g, 9xecutive Direc Type above name(s) here: ' " errng, fNearM� Zoning Bylaw Review Form • " p Town Of North Andover Building Department Applicant: Ed ewood Retirement Community, Inc. 1600 Osgood Street, Building 20, Suite 2-36 3 e:•�~�� 'SS,cNuse� North Andover MA. 01845 10-11-07 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 crease oe advised inat: after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Remedy for the above is checked below. Item # Special Permits Plannin Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies Special Permit Pre-existing, Non - Cc nfornin 3 Lot Area Complies. OSGOD Special Permit 1 C-3 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed G I 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 I Building Coverage 6 Preexisting setback(s) X 1 cove -rage 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 j 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 Plannin 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 Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit B-4 Special Permit Pre-existing, Non - Cc nfornin Watershed Special Permit Supply Additional Information OSGOD Special Permit 1 C-3 1 Finding The above review and allached 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 theabove 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 a ve file. You must file Few building permit application form and begin the permitting process. g Uepartment Oficial 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: ,. :. rv.tPl •HR.._.. —m3:� �'ptEa; ^ MM..YIh.A� 'SF! .�PM+ f � Police X Zoning Board of Appeals B-4 A Site Plan Special Review is required from the Planning Board under Section X Planning 8.3.2 iii of the Zoning Bylaw "Any construction, site improvements, new uses Other 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 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 RpfPrrr%rl Tr% - Fire Health Police X Zoning Board of Appeals Conservation Department of Public Works X Planning Historical Commission Other BUILDING DEPT ZoningBylawDenia12000 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: R(+���l�+^► 4.�i S i'}!,l .ISpp'�y� ����nrs fog' per>!lal � ���1l�f�f�eference' "� t s'`r ,It ��� �.;,y�c �kh� . r)t �„ h � r k'fl �t,� [Lk .q �F�tk��rr tk������� �'�'Y"{8 `'�. [S� -'� +tS ��y 't•l�.. Police X Zoning Board of Appeals B-4 A Site Plan Special Review is required from the Planning Board under Section X Planning 8.3.2 iii of the Zoning Bylaw "Any construction, site improvements, new uses Other 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 spaces." 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 ZoningBylawDenial2000 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\64824\A0146867.1) 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 Current Speciala�2��r Permit Scenario #4 4t Existing + New lot ME Ref Description Value Value Value 6` c e� j 82 acres 13.5a Lot Size 25 acre minimum 62 acres 13.5b Permissable Density Max 250 Units Allowed 219 units 3.5 units / acres h�f�+t syj:. 3z { 2`2� ti I't`s # � 246 units �' f�r� 3 units/ acre 4 units / acrecr 13.5b Ratio of Independent Dwelling Units Less than 15% of N/A t i3.�o� 11% (Cottages) to Total Number of Units total units 13.5b Floor Area Ratio Less than 0.25 0.13; 1"� Q09" 0.12 13.5c Lot Coverage Less than 25% 5.0% 6 °I 5.9% 13.5d/1 Perimeter Setback 100 Ft 110'@ Building 1 a . n e 67.5' 8000 _ p 9 : - .g., cottages 13.5d/2 Frontage on Osgood Street At least 150 Ft 150' 475' i 13.5d/3 Building Height Less than 35 Ft / 3 35'a � 35' stories 3 stories h e5 rsto. 3 stories 13.5e Common Open Space At least 50% 86.1% " " d t� 86.6% 13.5f Parking At least 299 spaces p 363 Spaces P y p" `��"' � �s.� ter. �` 417 spaces 13.5g Public Sewer Must be connected Connected rt F,ec a' `.t Connected 13.5h Public Safety Must be sprinklered Sprinklered Sprinklered ERC Land TTR Land Total Land Paved Gross Floor Area Floor Area Ratio Building Coverage Lot Coverage Calculation Scenario #1 eria�+ Parcel A) (as is) repo: 1,433,124 1,285,020' 2,718,144 243000 346,134 0.13 135,155 5.0% Sheet Scenario #4 Parcel A + Parcel G/H proposed) 1,840,051 1,719,719 3,559,770 269000 441,497 0.12 209,119 5.9% Building & Pave Coverage 378,155 -1191. 15 478,119 Open Space 86.1% � , . , °° po 86.6% 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. (14327\64824W0146867.1) APPLICATION FOR A FINDING Petitioner: Edgewood Retirement Community, Inc. 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.1. (14327\64824\A0146867.1) E 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 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, 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 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, 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 Parcel owned by Petitioner from the 2004 Parcel (currently standing in the { 14327\64824\AO146878.1 } 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 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 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\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 physical therapy areas). The Finding 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 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. lity, Inc. Devine Millimet & Branch, P.A. Robert W. 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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 -2J. �- Kw DEVINE, MR11WET & BRANCH PROFESSIONAL ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 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: VLot 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 i 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 b r� 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 oL 93,945 square feet (which includes Lot 2A-2 containing 1,297 square feet; and Lot 2A4 v� containing 128 square feet). b--� C rn — W The parcels are conveyed subject to and with the benefit of all rights, easements, covenants, y t 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: c il CA Deed dated June 14, 1984 from The First National Bank of Boston, as trustee, recorded at Book W 1826, Page 134 [as to portions of Lots 2A-1, 2A-2, 2A-3 and 71. 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 -2J. �- Kw DEVINE, MR11WET & BRANCH PROFESSIONAL ASSOCIATION 300 BRICKSTONE SQUARE POST OFFICE BOX 39 ANDOVER, MASSACHUSETTS 01810 BK 9223 PG 178 coi- Executed under seal this l day of IJIP qrykx*,-- 2004. u --- Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS ss: or-5se)4 On this 4� day of 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 D current govemment-issued identification bearing his photographic image and signature, or D affirmation of a credible witness who is. unaffected by this instrument, is personally known to me, and personally knows SAMUEL STEVENS ROGERS. 17!' C 0000000'oet�3 �ta Pubo CiCtW- L,,wo/ir My commission expires: 7 -Y -Or (SEAL) Ln a m • u� a� a� N m ►+ CD 00 N a O C) 4j �o N -4 Z ai Q) W 0 w 0 En N W S4 v b a GK 4378 PG 115 DEED I, SAMUEL STEVENS ROGERS, of 7 Abbot Streit, 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 North Andover, Essex County, Massachusetts, shown as Lot 6 on a plan entitled: "Plan of Land 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 effected by an Affidavit dated November 9,1989, -recorded 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 describers es set forth in Exhibit A attached hereto and made a part hereof, containing, according to s ud Plan as affected by said Affidavit 2,716,664 ± square feet or 62.366 ± acres, (the "Premises"). There is also conveyed herewith as appurtenant to the Premises the following: (1) All rights, title, and interests, if any, of Grantor in, to and with respect to any land lyin -, in the bed of Osgood Street _directly abutting the Premises; (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; (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 triangular parcel of land containing 1,332 square feet and being designated on the Plan (sheet 3 of 4) as "Drainage, Grading dt Signage Easement", -said parcel of land being more particularly bounded and described as follows: 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 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. Andov!{, 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 ICN (Cc W_ 60 Bid 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. '!iris 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: I . (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 corp Dration 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 asking 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 Promises 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 PB 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 alterative, 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 head and seal this Vdday of bier, 1995. Samuel Stevens Rogers COMMONWEALTH OF MASSACHUSETTS $ wk,61k, 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 Ao , em aL,-- Public My Commission Expires:Set6-iwr x v 0 �:J •.0 u 1 h- *IP /\►. V A' u �'• C,y4�X �. L9 -C o Ni y -i -i q W to W ¢a — �F X 7 V BK 4378 PG 119 The undersigned hereby accepts the restrictions, covenants, licenses and reservations of rights set forth herein. EDGEWOOD RETIREMENT COMMUNITY, INC. By: (t a a.Sv�-enc Suffolk, ss. COMMONWEALTH OF MASSACHUSETTS 0 o e - -t, 8- , 1995 ScK rpRi 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 —1Rsilln— w• W- Aq aleJ Notary Public r My Commission Expires: S e e r G , N ay ExMBff A 8K 4378 8 PO 120 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 cunning 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 fat 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 PG 121 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 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 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 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; GK 4378 PG 122 N 59' Ol' 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 wail; thence ming 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 8 1. 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. NORTH ANDOVER PERMITS (EDGEWOOD) Planning Board Notice of Decision Dated A Continuing Care Retirement Center • 11/13/89 • Special Permit for Construction of Continuing Care Retirement Center • 10/5/89 -Recorded at Book 3119, Page 257 10/5/89 8/25/95 -Recorded at Book 4323, Page 335 8/25/95 • Extension of Special Permit for Construction of Continuing Care • 10/5/93 -Recorded at Book 3983, Page 268 2/15/94 Retirement Center 2/15/94 -Recorded at Book 3983, Page 268 9/18/95 • Extension of Special Permit for Construction of Continuing Care • 9/5/95 Retirement Center 9/18/95 -Recorded at Book 4341, Page 61 B. Site Plan Review • 11/13/89 • Site Plan Review • 10/5/89 10/5/89 -Recorded at Book 3119, Page 266 8/25/95 -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 Drivewa • 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\64824W0131463.1 } M Conservation Commission Conservation Restriction -Recorded at Book 4379, Page 242 • Order of Conditions -Recorded at Book 4331, Page 21 (14327\64824W0131463.1) Dated • 10/27/95 11/10/95 • 8/2/95 9/1/95 EDGEWOOD RETIREMENT PROPERTIES, LLC C/O EDGrEWOOD RETIREMEVT COMMUNITY, rNC. 575 OSGOOD STREET NORTH ANDOVER, MA. 01345 (978) 725-.1300 April 1?, 2007 North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 VOWAMPetition for Setback Relief Petitioner: Ed.gewood Retirement Community, Inc. Property. 549 Osgood Street, North Andover, MA (Map 36, Parcel 17, 18 & 19) Owner: E dge,,vood Retirement Properties, LLC To the. ZBA, This will Confirm that Fdgcwood 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 Variaace Petition brought by Edgewood Retirement Communities, Inc, ("Edgewood Retirement"). The Owner hereby authorizes, and confirins 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 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 C(mclitions). This will further con -Firm that the Owner is the 100% subsidiary of Edgewood Retirement. For the sake of convenience, title to the Property when it was purchascd fi•om Mr. Rogers in 2004 was taken in the name of Oxviler. due to the fact that Edgewood Ret,irernont's expansion plans were only -just then begianing to be formulated. As can be seen by this filing, the Expansion Plans have coalesced into the cijrrent Program only utter a careful, methodical consultation with Edgewood Retirement's resident community and various Town of North Andover Boards and Officials. Should you have ally questions, require any further information about this matter, please do not hesitate to contact me, or the attorney for Edgewood Retirement and for the f 1432717761114613`244'/.1) Owner, Attorney 1?,obert W. Lavoie of Devine Millimel, & Branch, P.A. located in Andover, MA who can be reached at (978),175-9100. Very truly your, EDGEWOOD RETIREMENT momxr[ES, LLC J - Marlene G. Rotering, Manager f (14.12-A7761 Pao 132.447.1) 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 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 PAGE 4 of 4 9. WRITTEN DOCUMENTATION Application for a Finding must be supported by a legibly written or typed memorandum setting forth in detail all facts retied upon. AU dimensional requirements shall be dearly Identified and factually supported when requesting a Finding from the requirements of MGLA ch. 40A, and the Nath Andover Zoning Bylaws. All points, A -C, an required to be addressed with this application. A. The particular use proposed for the land or shuck". B. Fact(s) relied upon to support a Finding that the proposed extension or alteration shall not be more substantially detrimental than the existing non - Conforming use. C. Address all appropriate details of the Building Commiissioner's denial. 10. PLAN OF LAND Each application to the Zoning Board of Appeals shall be accompanied by the following described plan(s). Plans must be submitted with this application to the Town Cleric's Office and ZBA secretary at least thirty (30) days prior to the public hearing before the Zoning Board of appeals. A set of bLMng elevation plans by a Registered Architect may be required when the application involves new construction/comrerskW and/or a proposed change in use. 10. A. Major Projects Major projects are those which involve one of the following whether existing or proposed: 1) five (5) or more parking spaces. IQ three (3) or more dwelling units, nQ 2,000 square feet of building area. Major Projects shall require, in addition to the 10B. & 10 C. features, that the plans show detailed utilities, soils, and topographic information. '10. B. *Plan Specifications: 1) size of plan: Ten (10 ) paper copies of a plan not to exceed 11 "x17", preferred scale of 1"=401. in one, (1) Mylar, with one Mockfor Registry Use Only, and one block for five (5) ZBA signatures and date.. FINDING Ill) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Engineer, Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. '10. C. "Required Features On Plan: Fq Site Orientation shall include: 1. north point 2. zoning district(s) 3. names of streets 4. wetlands (if applicable) 5. abutters of property, within 300' radius 6. locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions, easements. IQ Legend & Graphic Aids shall include: 1. Proposed features in solid lines & outlined in red 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 5. Title of Plan 6. Names addresses and phone numbers of the applicant, owner of record, and land surveyor. 7. Locus. 10. D. Minor Projects Minor projects, such as decks, sheds, and garages, shall require only the plan information as indicated with an asterisk (ft). In some cases further information may be required 11. APPLICATION FILING FEES 11. A. Notification fees: Applicant shall provide a check or money order to: 'Town of North Andover - #022-1760.4841' for the cost of first Gass, certified, return receipt (currently $4.64) x # of all parties in interest identified in MGLA ch. 40A §11 on the abutter's list for the legal notice postage check. Also, the applicant shall supply first class postage stamps (currently 39f) x the # of parties of interest on the abutter's fist for the decision mailing. 11. B. Mailing labels: Applicant shall provide four (4) sets of mailing labels no larger than 1'x2-5/8' (3 copies for the Legal mailing and one copy for the Decision mailing). 11. C. See 2005 Revised Fee Schedule. 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 successfW - 'etion of the permitting process (which had started earlier this year with the C-- ssion, is now before the ZBA, and will continue through the Plan-' ,, and the Conservation Commission for an Order of C-- -" Th. r a saki take, only., �%� for a I C/'� " into the Retiren. P t ��(I t tI� 1� { 1+327164824 OCT 15 0007 BOARD OF APPEALS ibsidiary of Edgewood Retirement. For the vas purchased from Mr. Rogers in 2004 was f wood Retirement's expansion plans were j n �e seen by the filing of the current Petitions jjj�j�CCCJJJ 1 Barn, the Expansion Plans have coalesced J cal consultation with Edgewood I f North Andover Boards and Officials. 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. D E { f1327164-8'2147023.1 } `�� OCT 15 In/ 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 By: Marl e G. Rotering, Manager EDGEWOOD RETIREMENT COMMUNITY, INC. By: Mar14 G. Rotering, Executive Director {14327164824\10147023.1} 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 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 Biaeser 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: Date4�� �10RTF� .40 9SgAAnD CHUSEt Zoning Bylaw Review Form Town Of North Andover Building Department 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 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: Remedyfor the above is checked below. Item # Special Permits Planning Board Item # Item Notes Setback Variance Item Notes A Lot Area Common Driveway Special Permit F Frontage Variance for Sign 1 Lot area Insufficient Independent Elderly Housing Special Permit 1 Frontage Insufficient Earth Removal Special Permit ZBA 2 Lot Area Preexisting X 2 Frontage Complies Special Permit Pre-existing, Non - Conforming 3 1 Lot Area Complies OSGOD Special Permit I C-3 3 1 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 1 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 1 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 1 Coverage Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed J Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 1 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 Remedyfor 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 Permit Special Permit Use not Listed but Similar Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit B_4 Special Permit Pre-existing, Non - Conforming Watershed Special Permit I I Supply Additional Information OSGOD Special Permit I 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 theabove 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 thea ve file. You must fil�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: Review Reasons for Denial & Bylaw Reference Form Item X Zoning Board of Appeals Reference Department of Public Works X Planning Historical Commission 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; 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 spaces." 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 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chair Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster To: Richard M. Vaillancourt, Associate Member Zoning Board of Appeals, & Board From: Albert P. Manzi III, Esquire, Chairman, Zoning Board of Appeals Re: Motion to Reconsider Edgewood Dater October 5h 2007 Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. With respect to the submitted Motion to Reconsider for the Edgewood project (see attached decision incorporated by reference), and after review and consultation with Town Counsel and Board Leadership, be advised Pursuant to Article IV Sec. 3 of the of the Rules & Regulations of the Zoning Board of Appeals the request to hear the Motion is denied by the Chairman and the issue is declared moot due to the fact the decision issued by the Chairman as required; therefore, the Chairman declares requested is Motion is out of order as the Board has no authority to act. As further grounds therefore, "A motion for reconsideration may be acted upon only by those who participated in the hearing and decision, and their action maybe taken, Yet all, onlyprior to the fi ng of the Board's written decision with the Town Clank' Article N Sec. 3 of the of the Rules & Regbions of the Zoning Board of AP teals, 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978-688-9541 Fax 978-688-9542 Web www.townofnorthandover.com Edgewood - Motion to Reconsider Glennon, Michel To: Dick Vaillancourt (divailla) Subject: RE: Edgewood - Motion to Reconsider -----Original Message----- From: Dick Vaillancourt (divailla) [mailto:divailla@cisco.com] Sent: Tuesday, September 18, 2007 2:55 PM To: Glennon, Michel Cc: attymanzi@manzilaw.net Subject: Edgewood - Motion to Reconsider Mich, Page 1 of 1 Please ask the Chair if he would entertain and add to the October 2007 ZBA agenda a motion (attached), to reconsider the Edgewood vote that was taken on Sept. 11 th, 2007. My reasons for requesting reconsideration are detailed in the attached document. Thank You Sincerely, Richard M. Vaillancourt «Edgewood - Motion to Reconsider.pdf>> 9/18/2007 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 N. 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 H, , 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 10 Richard M. Vaillancourt North Andover Zoning Board of Appeals Associate Member ECSC MI D SEP 1 o"" [007 BOARD OF APPEALS LETTER TO: ZONING BOARD of APPEALS, PLANNING BOARD, & CONSERVATION COMMISSION As a resident of the Edgewood Retirement Community I am fully aware of the Community's plan to expand its Health Center. The objective is to provide additional bed capacity, include special provisions for those with cognitive impairment, and make improvements for resident services. Throughout the Community of residents there is general endorsement of the need for the Health Center expansion. The funding for such expansion would have to come from substantial increases in resident fees or from investments by providing additional residences. In general, the residents are content with the present resident facilities and g services. Some would prefer no changes to total resident capacity. Since the additional fees required would be prohibitive, a no change means no Health Center expansion. As residents, our prime interests are in obtaining beneficial services while living within a pleasant rural surrounding. Above all, being at Edgewood is our insurance that an adequate Health Center will be available in time of need. The planned cottages will provide the assurance of having a continuing adequate Health Center. We maintain awareness of plans and activities affecting the welfare of the Community. The residents are kept informed of plans and progress by the Community management on a continuing basis; some of us serve on committees including reviews of the plans being developed by the Architects. The residents have come to Edgewood from many areas: from North Andover and surrounding towns, and from other states. This not-for-profit Community was established about ten years ago; and at this time, it is seeking a small amount of additional housing with no adverse environmental impact, not a new and large housing development. In becoming residents of Edgewood, we have become viable residents of North Andover. We attend town meetings, we vote, and we participate in town activities. Most of us have. not been here long enough to be called "townies" but we are getting there. 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L. ch. 40A, .417 Property at: 575 & 549 Osgood Street The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 11, 2007 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon 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. Lof 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. 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 April 23 & April 30, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. A motion by Richard M. Vaillancourt and 2" a by Joseph D. LaGrasse to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed, therefore, the petitioners request to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center is denied. Voting in favor of the Variance: Joseph D. LaGrasse, David R Webster, and Richard M. Vaillancourt. Voting in opposition of the Variance: Ellen P. McIntyre and Albert P. Manzi, III. The Board finds that the Variance petition of Edgewood Retirement Community, Inc. received three votes to grant and two votes in opposition and that the application did not receive the required supermajority of four votes to grant the Variance. The Board finds the votes for denial were because the petitioner did not satisfy the required circumstances relating to soil conditions, shape or topography, and the petitioner has viable alternatives within the site and did not demonstrate the required statutory hardship sufficient to grant the variance requested, and the relief requested could not be granted without substantially derogating from the intent or purpose of the zoning bylaw. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David R Webster Associate Members Richard M. Vaillancourt Decision 2007-011. M36P3,17,18, &19 NAME: Edgewood Retirement Community, HEARING(S): April 10, May 9, June 12, Inc. September 6 & September 11, 2007 ADDRESS: 575 & 549 Osgood Street PETITION: 2007-011 North Andover, MA 01845 TYPING DATE: September 17, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 11, 2007 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon 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. Lof 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. 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 April 23 & April 30, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. A motion by Richard M. Vaillancourt and 2" a by Joseph D. LaGrasse to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed, therefore, the petitioners request to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center is denied. Voting in favor of the Variance: Joseph D. LaGrasse, David R Webster, and Richard M. Vaillancourt. Voting in opposition of the Variance: Ellen P. McIntyre and Albert P. Manzi, III. The Board finds that the Variance petition of Edgewood Retirement Community, Inc. received three votes to grant and two votes in opposition and that the application did not receive the required supermajority of four votes to grant the Variance. The Board finds the votes for denial were because the petitioner did not satisfy the required circumstances relating to soil conditions, shape or topography, and the petitioner has viable alternatives within the site and did not demonstrate the required statutory hardship sufficient to grant the variance requested, and the relief requested could not be granted without substantially derogating from the intent or purpose of the zoning bylaw. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David R Webster Associate Members Richard M. Vaillancourt Decision 2007-011. M36P3,17,18, &19 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, HEARING(S): April 10, May 9, June 12, Inc. September 6 & September 11, 2007 ADDRESS: 575 & 549 Osgood Street PETITION: 2007-011 North Andover, MA 01845 TYPING DATE: September 17, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, September 11, 2007 at 7:30 PM in the Town Hall top floor meeting room, 120 Main Street, North Andover, Massachusetts upon 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. Lof 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. 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 April 23 & April 30, 2007. The following voting members were present: Ellen P. McIntyre, Joseph D. LaGrasse, Albert P. Manzi, III, David R. Webster, and Richard M. Vaillancourt. The following non-voting members were present: Thomas D. Ippolito and Daniel S. Braese. A motion by Richard M. Vaillancourt and 2nd by Joseph D. LaGrasse to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center failed to carry with three members voting in favor and two members opposed, therefore, the petitioners request to grant the dimensional Variance from the 100' buffer surrounding the Continuing Care Retirement Center is denied. Voting in favor of the Variance: Joseph D. LaGrasse, David R. Webster, and Richard M. Vaillancourt. Voting in opposition of the Variance: Ellen P. McIntyre and Albert P. Manzi, III. The Board finds that the Variance petition of Edgewood Retirement Community, Inc. received three votes to grant and two votes in opposition and that the application did not receive the required supermajority of four votes to grant the Variance. The Board finds the petitioner has viable alternatives within the site and did not demonstrate the required statutory hardship sufficient to grant the Variance requested. North Andover Zoning Board of Appeals Albert P. Manzi, III, Esq., Chairman Ellen P. McIntyre, Vice Chairman Joseph D. LaGrasse David R. Webster Associate Member Richard M. Vaillancourt Decision 2007-011. M36P3,17,18, &19 F- 0 ')-&077- 0 ?,a, W, —--------- — -- so a $E d e. a o j ~Y \11. eFa A �I z �'U o es oo $OOH y i m 9 z CC7`d0zr tj >zm Z 1, A co f � w CD F yN M m D� 0 z eFa A �I z �'U o es oo $OOH y i m 9 z CC7`d0zr tj >zm Z -------------------- O Silpl\ n� - tl i a i