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Home My WebLink AboutMiscellaneous - Exception (328)F l (4) The architectural style and design of the CCFZC sh,-:i11 be of colonial design, in woad frame or lap siding cons tri.tcti,W,r) consistent with the style and design of the nvar,by E.;dgew,:;,od Farm buildings. (5) A l 1 concerns raised by the DFIW in the July 271 1989 letter from Mr. William Hmurciak, as listed below, must be properly addressed and all relevant material must be submitted t,.5, and approved by DPW prior to the Planning Board endairsirig the record plans. a. Show entire water main and crossing utilities on the off site plan. b. The method of crossing the mill pond is riot acceptable. The existing culverts at the pond crossing:; a) -e riot shown correctly on the plan. The water main, as designed will black the culverts. c. The existing 12" water main stub at Pleasant Street is a plugged bell, therefore no dresser, coupling is, ne-�edeA. d. Change the method of connection to existing water, main on Harkaway Road and to Millpond units 47 arid 53. Add a 1 c.'" gate valve on the north side of Harkaway Rc-'iid. e. The existing 6" water main on Stevens St r-rn?t �;h)�,,,r 1 d be eliminated. The services to house # 120 and 135 should be connected to the new 12" main and the rr'os s connection at the 6" dead arid may be eliminated. f. Show 100 foot stationinij on the plan. g. The 12" 1/8 bends at station 18 + 90 r,c-�cet.. nary. h. The connection to the existing 8" water main, or,, Street at the project entrance shall be ars 811 x 81, tapping sleeve and valve. A 12" stub and gate valve should be' provided for fUt,.Ir'e extensior, in .:a nor—therly direction. i. Maximum distance between sewer, manholes is 300 fe r. -A . J. Provide profiles of ,.,n site r^,::,adway and ,.it i l it i.c��,. k. Shaw all utilities on or,e site plan. 1. The domest is water service °utiould W.) c-or,r,e ct.c.2c:1 tr.. tI-)e looped 12" water main whOr'ever Possible. m. Show 'details of utility crossings under buildings. n. The number of bends used in the 12" water main should be kept to a minimum. o. Show rims and inverts on drainage plan. p. Provide detail sheets of roadway and drainage f'rAcilities. q. The design of drainage from areas D -1-A and li-i...ka does not consider the potential for, reduction of effective flow area of catch basins during adverse conditions. r. Provide data showing the projected water consumption and projected average daily sewage flaw for the corim-minity. s. A D. E. R. D. W. P. C. sewer system extension permit must be obtained prior to sewer, construction. t. Provide a plan for phased construction and erosion control. (6) All existing trees of greater than 121, Diameter witri L's, of the existing tree line shall be shown and labelled on the site plan. (7) The following material has been reviewed by the Planning Board and staff in this Public hearing pro(zesu: and shall be considered as part of this decision: (1) Racket ant i t l ed a .U( WUC1D_�I,, f_F_ _ 1;:x1.1'3 '.s..._..E1.._I (311 f I NU,I NO CF1R ,_13 ;T I F3. I�IE iV..!_..LEIV.7..E.�2....._f� UFJ _ j.( (c) Racket ant i t 1 ed a CI. ti. Qfl. (INQUL1__UE__t:,:��w._Fliuza__..r:rac;'_[:�., presented by Sarnur:?l S. and Ed gewood Life Care, Inc:. (8) The Special Permit granted under section 8.3 (Site Flan Review) of the Zoning Bylaw for this site, shell also be deemed as part of this decision. The following plans shall be deerned as pert of the decision: Plans Entitledi Town of North Andover Stevens Street Proposed Water, and Sewer Facilities. Dated: June S, 158' Drawn By: GCS Associates Inc. Flans Entitled: Topograghic Plan, Dated 12/29/88 Plan of Land, North Andover- Mt1, Dated 4/11/89 r. Site Plan (Project), Dated 5/5/89 Project Planting and Lighting Plan, Dated 5/2/89 Site Plan (Entry), Dated 4/27/139 Site Plan (Project), Dated 4/27/89 Grading and Drainage F=lan (Entry), Dated 4/27/89 Grading and Drainage Plan (Project), Dated 4/27/89 Flans Drawn Hye Earl R. Flansbur h & Associates � Inc. Flan prepared fora Edgewood Life Care Inc. ccs Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File I SEE PLAT N0. 100 D � z V/ N fi y %� AT WA 0 N n U 7 It? w PLAT NO. 35 00 SEE PLAT NO, 37 CD The Linbeck Group [ Contact Us ] COMPANY SERVICES APPROACH PROJECTS targe Page 1 of 1 Contact his � � V -p p ev, ovJ1 cc, 5 7 rt4(:, f t (&7-1 In order to better serve our clients' needs, Unbeck has established offices in key sectors of the United States. For more information about Unbeck or our services, please contact the office nearest you or email us today. Houston, Texas Linbeck 3810 West Alabama Houston, Texas 77027 Contact: Ms. Wendy Burke Manager, Client Development 713-621-2350 Phone 713440-7525 Fax Lexington, Massachusetts Linbeck One Maguire Road Lexington, MA 02421 Contac Mr. John Fisher Executive Vice President 781372-1100 Phone 78t-372-1199 Fax Raleigh, North Carolina LinbecidMcDonald York 801 Oberlin Road, Suite 235 Raleigh, North Carolina 27605 Contact: Mr. George Vavrek Senor Vice President 817-=4=94 Phone 817-332-7037 Fax Ft Worth, Texas Unbeck 201 Main Street, Suite 1801 Fort Worth, TX 76102 Contact: Mr. George Vavrek Senior Vice President 817-332-8494 Phone 817332-7037 Fax or Contact Mr. David Stuecider Vice President 8173324494 Phone 817332-7037 Fax Redwood City, California Linbeck 1733 Woodside Road, Suite 320 Redwood City, CA 84081 Contac Mr. David Stueckler Vice President 650-599-0330 Phone 850.999-M Fax Columbia, South Carolina Linbeck 1201 Main Street, Suite 2330 Columbia, SC 29201 Contact Mr. George Vavrek Senor Vice President 817332-8494 Phone 817-332-7037 Fax Home i CompalryI Services i Acproach I F ects ( Contact Us i Webmaster i Ve V1V1 1 V rrA yn I �� G `� �c.l ✓ (0 J hffp://www.linbeck.com/contact—usrindex.html �Cl VI`�Yad�, cell N) -�s 3 -- -7,'4 5/25/2007 Page 1 of 1 Glennon, Michel From: Cheney, Skip Sent: Tuesday, February 24,2009 11:46 ANI To: Bellavance, Curt; Brown, Gerald; Community Development; Willett, Tim; Willis, Gene Subject: EDGEWOOD RETIREMENT Importance: High W Effective July 2009 (fiscal year 2010) MAP: 36 PARCELS: 17,18, & 19 will all be merged with MAP: 36 PARCEL: 3 per plan # 16919 0 � G� 32 7� 2/24/2009 a0v 7 D �- DEVINEMILLIMET ATTORNEYS AT LAW October 5, 2007 Town of North Andover Zoning Board of Appeals 1600 Osgood Street, Bldg. 20S, Suite 2-36 North Andover, MA 01845 ROBERT W. LAVOIE 978.475.9100 RLAVOIE@DEVINEMILLIMET.COM Re: Zoning Application of Edgewood Retirement Property: 575 & 549 Osgood Street, North Andover, MA Transmittal of Proposed Site Plan Revision and Request for 10/9/07 Reconsideration To the Zoning Board of Appeals: Following your vote on September 11, 2007, as well as the Motion for Reconsider on 9/18/05 and the ZBA Decision filed on Friday September 21, 2007 with the Town Clerk on Edgewood Retirement Community directed its design professionals to re -study the Units in Area A and more importantly the Units in Area G (the narrow strip of land by the family co-op). Although quite expert at their trade, they simply could not squeeze all fifteen (15) of the units in Areas A and G and still meet the 100' perimeter setback in the CCRC district. Two areas seriously constrain the ability to slide and shuffle units within the limited "Builable Areas": Totally off limits was the notion of putting any more units in Area H (which is the area that lies between Osgood Street, just beyond the big Horse Barn, in the existing horse paddock area); we already have eleven (11) units carefully laid out in that area, and we did not want to overload this area, which lies within the autumn and winter viewscape on Osgood Street (when there are no leaves on the dense deciduous growth that already exists along Osgood Street). 2. Also, we simply could not sacrifice the greenspace Activity Area, which serves as the only open "Common Area" available to the 250 residents (average age 83 years) to have sizeable outdoor events which are quite frequent in the Spring, Summer and Fall seasons. The Activity Area was recently used to celebrate the 10th Anniversary of Edgewood Retirement on the weekend of September 8, 2007, since it is the only area large enough to erect two huge tents to accommodate such large gatherings of the residents. Also, the Activity Area functions much like a College quadrangle to provide a greenspace visible to all the residents all the time, and which is accessible at all times to the residents for walking, contemplation and the like. QE V E DEVI�, ILL IMET OCT {Za�� A0146224.1 } PROFESSIONAL BOARD OF APPF 'N 300 BRICKSTONE SQUARE T 978.475.9100 PO BOX 39 F 978.470.0618 ANDOVER DEVINEMI LLIMET.COM MASSACHUSETTS 01810 MANCHESTER, NH ANDOVER, MA CONCORD, NH NORTH HAMPTON, NH Town of North Andover October 5, 2007 Page 2 Faced with those critical and untouchable constraints, the only way to make the units within Area A and Area G conform to the 100 foot setback was to cut one unit from each of those spaces. In other words, Area A is now proposed to have seven (7) units, and more importantly Area G is now designed to have one unit less for a total of six (6) units (as shown of the concept plans enclosed herewith). Most importantly, by cutting these two units, the remaining units were rotated and re -aligned to eliminate any variances for any of the new buildings. The situation for which we still need your help lies with the Milk Barn, which, is an historical structure we have always wanted to preserve, if at all possible. You may recall that our plans have always been to rehabilitate and convert the Milk Barn into two (2) Cottage Units. However, without your help, the Milk Barn is quite unlikely to be rehabbed, as the cost to do so (several hundreds of thousands of dollars) cannot be justified unless the Milk Barn is converted into 2 units. In short, the Milk Barn will be the only Structure that will not meet the 100' Perimeter Setback of the CCRC District. Being almost 100 years old, it is easy to see that this barn pre- dates Zoning in North Andover, and is thus clearly a "Pre -Existing Non -Conforming Structure." As the ZBA is certainly aware, the methods of altering and changing the Milk Barn are much less rigorous than the requirements to gain a Variance for a new building which would not meet setback requirements. Our proposed elimination of two (2) units (I unit in Area A and in 1 unit in Area G) has serious financial consequences for the Edgewood Retirement Community. It is not only the purchase price of the Units but also the continuing monthly income stream from the residents occupying these new Cottage units that make the goals of the Edgewood Retirement Strategic Initiative Plan ("SPI") financially feasible. The key parts of Edgewood's SPI are the following: 1. To refurbish all three (3) of the historic barns (total cost: approximately $2.5 million) 2. To create a Cognitive Impairment Unit (i.e. Alzheimer's unit), an urgent need not only for Edgewood's 250 residents of Edgewood but also for the entire North Andover Community. It is only the new Cottage Units which will enable Edgewood (a non-profit entity) to raise the funds necessary to build the Alzheimer's Unit. In closing, please let me summarize the important help that we need from the Zoning Board of Appeals on Tuesday night in order for Edgewood Retirement Community to go forward with this Project at this time: { 14327\64824W146224. l ) Town of North Andover October 5, 2007 Page 3 1. We respectfully request that you vote yes on the Motion to Reconsider, and that the Public Hearing be re -opened on our Application; 2. We respectfully request that the zoning relief we have requested for the Milk Barn (which is a Pre -Existing Non -Conforming Structure in Area G) be granted so that we can convert the Milk Barn (a "grand -fathered" Structure) into two Cottage Units; and 3. We would withdraw all other variance requests contained in the Application. Thank you for your much appreciated consideration in this matter. Very my yours, c R ert L ie RWL:mm Enclosures { 14327\64824W 146224.1 } Y T , t f `Y } -r S 4 ! r - ri'exm 1 c Yx ri taz ir^r a. 4 Njj !� &A 4 Town of North Andover ZONING BOARD OF APPEALS Albert P. Manzi III, Esq. Chairman F NORTH q Ellen P. McIntyre; IAice-Chair r °.t Richard J. Byers, Esq. Clerk 0 ` y Joseph D. LaGrasse David R. Webster _ gyp_ coc.nc.uwrc� , 9� 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 Date: 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 may be taken, ifat all, only prior to the filing of the Board's written derision with the Town Clerk' Ar�cl I�S3_of th��eul��s_Relaiions of the �onin�► Board :_; 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978-688-9541 Fax 978-688-9542 Web www.townofnorthandover.com DEVIN�ILLIMET ATTORNEYS AT LAW September 20, 2007 Zoning Board of Appeals c/o Mich Glennon 1600 Osgood Street North Andover, MA 01845 ROBERT W, LAVOIE 979.475.9100 RLAVOIE®DEVINEMILLIM£T,COM Re: Zoning Application of Edgewood Retirement Property: 575 & 549 Osgood Street, North Andover, MA Request for Covies of Public Records Dear Zoning Board of Appeals: As your records will reflect, our office is legal counsel to Edgewood Retirement Community, Inc., the Applicant for Variances relative to the above -referenced Property. We had applied on April 12, 2007 for the request for Variances, and on September 11, 2007 the North Andover Zoning Board of Appeals ("ZBA") voted 3-2 in favor of granting the Variances, which unfortunately was one vote short of the 4 person super majority needed in order to be granted the requested Variances. My understanding is that one of the five ZBA members who voted on September 11, 2007 has filed a written Motion for Reconsideration. In accordance with applicable statutes and regulations, I hereby respectfully request a copy of said Motion for Reconsideration. In addition, in accordance with applicable statutes and regulations, I hereby respectfully request a copy of any written response filed or issued by any of the other ZBA members in connection with the Motion for Reconsideration. Finally, in accordance with all applicable rules, bylaws and statutes, I would respectfully request that I be notified of the time and place where the ZBA might be discussing or meeting upon this Motion for Reconsideration, In closing, l wanted to express our appreciation for the time and attention with which the ZBA has considered our Application for Variances, and as always, t and any of the members of our Project Team would be happy to answer any questions or to meet in a Workshop setting or any other forum or meeting type on any level to discuss the Project itself, or any and all of the voluminous written materials which we submitted to the ZBA in connection with our Application. DEVINE, MILLIMET Ep143W2 M1 1d144499.1} D {JJ � PAbFS IONAL ASSOtlilTI0N Ii�I SEP 2 0 nui BOARD Or APPEALS 300 BRICKSTONE SQUARE T 978.475.9100 MANCHESTER, NH PO BOX 39 F 976.470.0618 ANDOVER, MA ANDOVER DEVINEMILLIMET.COM CONCORD, NH MASSACHUSETTS 01810 NORTH HAMPTON, KH Zoning Board of Appeals September 20, 2007 Page 2 Thank you for your much appreciated attention to these requests, should you or any of the members of the ZBA or any Town staff have any questions or require any further information, please do not hesitate to contact me. Very ours, ob rt W. Yv RWL:mlm Enclosures 114327\7761 M0144498.1) SUGGESTED MOTIONS 1. For the G Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d. I (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of four (4) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted G-1 and G-2 (pre-existing structure) 42' 58' G-3 67.5' 32.5' G-4 69.7' _30.3' G-7 _ 76.5' 23.5' 2. For the A Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d.I (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of two (2) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted A-4 80.7' 19.3' A-5 69.6' 30.4' D SEP 11 1007 BOARD OF APPEALS { 14327\65499\A0141244.1 } SUGGESTED MOTIONS 1. For the G Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d.I (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of four (4) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted G-1 and G-2 (pre-existing structure) 42' 58' G-3 67.5' 32.5' G-4 69.7' 30.3' G-7 76.5' 23.5' 2. For the A Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d.I (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of two (2) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted A-4 80.7' 19.3' A-5 69.6' 30.4' s SEN 1 '1 401 %)ARD OF APPEALS ( 14327\65499\A0141244.1) Page 1 of 2 Glennon, Michel From: Atty. Albert P. Manzi III [attymanzi@manzilaw.net] Sent: Wednesday, September 19,2007 1:50 AM To: Dick Vaillancourt (divailla) Subject: Re: Edgewood - Motion to Reconsider Hi Dick: Pursuant to and in furtherance of our discussion I am in receipt of your filed motion to reconsider the Edgewood vote and shall, to the extent necessary, consider it under advisement in my capacity as Chairman in accordance with the positions due authority. With respect to substantive and procedural merits of your request, I shall reserve comment subject to referencing the rules and regulations of the Board as they relate to merits of your written request. Since you have taken the pains to file the written Motion with the Zoning Secretary, and based on my cursory look at the rules, I just have a few questions in my capacity as Chairman as it takes 4 votes of the same members to potentially re -consider the matter during an open meeting of the Board, of which, the same members are present: 1) What do you believe is procedurally defective with respect to the vote? 2) Are you the sole author of the written memo or did someone prepare it for or with you? 3) Are you acting on your own accord or at someones request or both? Thanks, APM III, Chairman "Dick Vaillancourt (divailla)" <divailla@cisco.com> wrote: Mich, 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>> Attorney Albert P. Manzi III 24 Main Street North Andover, Massachusetts 01845 9/19/2007 Page 2 of 2 Tel. 97,8.681-6618 Fax. 978-681.6628 website: www.manzilaw.net Confidentiality Notice: The information and/or 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. 9/19/2007 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 IV, Section 3, that the ZBA reconsider its September 11, 2007 vote (3 in favor, 2 opposed) to grant the requested variances (which vote resulted in a denial of the Application, as 4 "yes" votes were necessary to achieve the super -majority necessary to grant variances). This request is being made for the purpose of correction of a perceived procedural oversight and/or procedural deficiency and for a substantial reason justifying reopening this matter, namely the manner and nature of the motion actually made and the vote taken on September 11, 2007 on this matter, which did not honor the clear, written request of the Applicant that each of the 2 physical areas where set back variances were requested be voted separately, since each had a distinctly different hardship. Dated: September 18, 2007 f Richard M. Vaillancourt North Andover Zoning Board of Appeals Associate Member Albeit P. ;Manzi Ill, Esq. Chairman Ellen P. McIntyre, i iee-Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Memliers Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North .Andover ZONING BOARD OF APPEALS 0' 4SLflC +6'6�O\ Town Clerk Time Stamp ,...� r..•., . r Trek, 2007 SEP 14 PM 2: 19 N0.RTi, A_t�D V 6 � � v v. 4! EEE TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c. 39, SECTION 23D OF PARTICIPATION IN A SESSION OF. AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] (name), hereby certify as follows: 1. I am a member of said board. C o�� 2. I missed a hearing session on the matter of � (. �" k kr vv -A e/ry �t—ope rt-,�.eS L L- C which was held on YL►Gi �., �l , 2,o a' 3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial which one(s) are applicable): a. X audio recording of the missed hearing session; b. video recording of the missed hearing session; C. a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this �i day of 6e,,' , 2007 Received as part of the Date: M Position: RC1% SEP R Rn* of the above matter: It Town of North .Andover ITown Clerk Time Stamp ZONING BOARD OF APPEALS Albert P. Manzi III Esq. Cherirman '� r- t;ECEI ° '' ORT ." ,pt t r", t ✓ Ellen P. McIntyre, Tice -Chairman N k i t l `fid �:; Richard J. Byers, Esq. Clerk rib',6.60 Joseph D. IlaGrasse o3 b - 2401 SEP 14 PM 2: 19 David R. Webster f- x► L tt C Associate Members >F Thomas D.Ippolito �o e" ts`.ri"¢ U+ Richard M. Vaillancourt ��p°R�reo' � �y NOR ' ' J w'-- P, Daniel S. Breese, Esq. �SSwCHUSFMASa t TOWN OF NORTH ANDOVER — ZONING BOARD OF APPEALS CERTIFICATION PURSUANT TO G.L. c. 39, SECTION'23D OF PARTICIPATION INA SESSION OF AN ADJUDICATORY HEARING WHERE THE UNDERSIGNED MEMBER MISSED A SINGLE HEARING SESSION [Note: Can only be used for missing one single hearing session; cannot be used for missing more than one hearing session.] PLA I, "jos P Ll�rJ °ij�(name), hereby certify as follows: I am a member of said board. .11 2. I missed a hearing session on the matter of w ,� F& 6% T %e5 tt-C which was held on 3. I reviewed all the evidence introduced at the hearing session I missed, which included a review of (initial which one(s) are applicable) , a. ^ audio recording of the missed hearing session; b. C. video recording of the missed hearing session; a transcript of the missed hearing session. This certification shall become apart of the record of the proceedings in the above matter. Signed this 6 day of '5 fl?:T, , 200_`' Received as part of the rec/ rd of the above matter: Date: !l U By: �/t i� �.vt�C.�l Position: l/ [M 575 Osgood Street North Andover, Massachusetts 01845-1935 August 24, 2007 Dear members of the North Andover Zoning Board of Appeals, North Andover Planning Board, and the North Andover Conservation Commission: We are writing to you today to request once again your support for our Edgewood strategic plan. Almost 20 years ago the Town of North Andover played a critical role in creating the Edgewood Retirement Community, which has been providing Life Care to senior residents for the last ten years. Since 1997, Edgewood has served over 100 residents from the North Andover community, with the average age of those residents being 83 years old. Three years ago, the Board of Trustees began a comprehensive review of all aspects of life at Edgewood. This included a review of both how we could enhance the lives of our current residents, and how we could meet the changing needs of the senior housing community for prospective residents. Today, Edgewood is almost always fully occupied due to a waiting list of 15 seniors, many of whom are determined to find a place that will enable them to continue to live in North Andover. In addition to our waiting list, Edgewood constantly receives critical new applications from seniors who have an immediate need for health care services. While its chief mission is to provide quality housing and a compassionate, supportive long term continuum of care, Edgewood is also deeply committed to preserving the quality of the community's rural setting, a setting that is an integral part of the residents' life at Edgewood. The proposed plan that has been submitted to the Town boards represents a mix of housing types that meets the needs of the current and future residents of Edgewood; preserves the existing the agricultural barn structures that can be saved; and maintains the open space balance of the original design of the Edgewood community. Once again, we are asking the Town of North Andover to help Edgewood achieve these mutually beneficial goals. We are very dedicated to making a difference in the lives of seniors by providing a high quality of life, while preserving the very nature of the physical setting of Edgewood. With the advice and consent of your Boards, Edgewood will be well able to continue serving the general community of North Andover by serving Edgewood's elder community in this wonderful neighborhood. Sincerely, Marlene Rotering Executive Director Edgewood Retirement Community Tel. 978-725-3300 • Fax 978-725-5997 J AUG &Z. -du i OPPORTUNIT BOARD OF APPEAIr`-' i THE HFALTH CD= EDGEWU TI 1. 978-725-4100 • Fax 978-687-1338 August 20, 2007 Dear sirs: I think you should know that all the residents of Edgewood do not like the idea of the massive expansion planned there. They bought into Edgewood as a rustic farm setting, and the new plans will alter that radically. Edgewood is a not -for profit organization, thus neatly avoiding taxes ... but thi plan to dev elop every s quare inch of the farm is designee. to cash i-► on the property. I hope that you in your wisdom will at least try to contain this project and not make any concessions in regards to the exten3ive wetlands and conservation area. thank you AUG 2 7 cu ui BOARD Or A concerned resident 575 Osgood Street North Andover, Massachusetts 01845-1935 August 24, 2007 Dear members of the North Andover Zoning Board of Appeals, North Andover Planning Board, and the North Andover Conservation Commission: We are writing to you today to request once again your support for our Edgewood strategic plan. Almost 20 years ago the Town of North Andover played a critical role in creating the Edgewood Retirement Community, which has been providing Life Care to senior residents for the last ten years. Since 1997, Edgewood has served over 100 residents from the North Andover community, with the average age of those residents being 83 years old. Three years ago, the Board of Trustees began a comprehensive review of all aspects of life at Edgewood. This included a review of both how we could enhance the lives of our current residents, and how we could meet the changing needs of the senior housing community for prospective residents. Today, Edgewood is almost always fully occupied due to a waiting list of 15 seniors, many of whom are determined to find a place that will enable them to continue to live in North Andover. In addition to our waiting list, Edgewood constantly receives critical new applications from seniors who have an immediate need for health care services. While its chief mission is to provide quality housing and a compassionate, supportive long term continuum of care, Edgewood is also deeply committed to preserving the quality of the community's rural setting, a setting that is an integral part of the residents' life at Edgewood. The proposed plan that has been submitted to the Town boards represents a mix of housing types that meets the needs of the current and future residents of Edgewood; preserves the existing the agricultural barn structures that can be saved; and maintains the open space balance of the original design of the Edgewood community. Once again, we are asking the Town of North Andover to help Edgewood achieve these mutually beneficial goals. We are very dedicated to making a difference in the lives of seniors by providing a high quality of life, while preserving the very nature of the physical setting of Edgewood. With the advice and consent of your Boards, Edgewood will be well able to continue serving the general community of North Andover by serving Edgewood's elder community in this wonderful neighborhood. Sincerely, Marlene Rotering Executive Director Edgewood D� Retirement Community AUG u = I Tel. 978-725-3300 • Fax 978-725-5997 OPPORTUNT BOARD OF APPEALS S THE HEALTH Ce4M AT EDOEMM Tel. 978-725-4100 • Fax 978-687-1338 09/04/2007 16:09 9786BB8476 HEALTH /h PAGE 01/01 Tom Clerk T;mp Simrp 'own of North Andover _ �`E MED ZONING BG,A. OF APPEALS i t� �,�h°, ; � �Rrr�S e-; i• $t,m Albert P. Manzi I[T., .Vsq. Chairman 1,11 Lit P. McIntyre, Vice-Chainrian F pOkry ,a 2007 SEP -- L PM 4; 10 Riclinyxi J. Bycrs, Esq. Cleo -k Joscpil D.1,aG.t'tt35c 3 �° , r • , a� , David R. WebsterAx.vnciale Umbers 49 411 € ' t • � , �r i 'Momas D. Ippollt'o a moa' �,ti �,* M A S SA i i USE T i 1 Richard M, Vaiilancotut $I'"�cg Daniel S. Rraece. Esq. `sACFlus�t There will be a Special Open Meeting of the .caning Board of .Appeals Thursday, September 6, 2007 at 7:00 p.m. in the Senior Center — I20R Main. Street, North Andover, MA 7.00 PM CONTMMD HEARINGS: CContinuA o 59cnab r U..7) Edmmod Retirement Center, Inc. Varia>7ccR-2 #EMIRS/A�t?ITil12V 575 & 549 Qsgaod Street 8.15 PM t}NDER ADVISEMENT: ,etet (Pribby) jkngWj IMM Comnreheusive Emit- -4 9WJL/'RBIAM/"l7/AV Ong i vrldred Fatineen Tnif for >araxnises at: Ttlz�iv�tbe -511P Q ti 1061 , Parcel b3,� North jidover Ilrnisittg Alititoy Co>atlrtehcttsive Port �4 #EM{,I�.fRBJALDB for P i�S 22-24 Ashlgm Note: Board deliberations And dote on any issue taken under advisement may take place Tarter in the mee&g attar tic conclusion orthe Hearing and other matters, listed ort the agenda. "All irtteremd partles are invited to remain to the egad of the lmeeting•' SEP 5 Z007 U 16100 Osgood Street, l3rtiWing 20 - Siiitc 2-36, North. Andover, Ma5&1cht1sctts 01.445 Phonc - 979-688-9541 Fax - 978-688-9542 Web - %,-vw.to vno.Cnur J)ardvvcrx= BOARD Or APPEALS August 20, 2007 Dear sirs: I think youiE',;should -know that all the residents of Edgewood do not like the idea of the massive expansion planned there. They bought into Edgewood as a rustic farm setting, ,and the new plans will alter that radically. Edgewood is a not -for profit organization, thus neatly avoiding taxes ... but thi' plan to dev elop every s quare inch of the farm is designee, to cash i-1 on the property. I hop -_e that you in your wisdom will at least try to contain this projeci,:.t and not make any concessions in regards to the exten3ive wetlands and conservation area. thank you ECS j Y E 0 AUG 2 7 Mi BOARD ar Att-LALIS'' A concerned resident 1O >. FR 70 0 00 In rt 0 3 �A M � 14 SOPHIE C. KOCH-WESER OSGOOD ST., NORTH MA ANDOVER, MA 0184184 5 `Y tA u Q, V4 ,n o 7 Iv A U� n W�ctjer Toth �7q- 66 0-�YV-6 n IV� 0 0 0 N Z 00 � Y O O y t W D w V z to O to c N � Y � co m e ti a v a ' C N II W � c N 0o U t9 co O W L C OU N C: V w co t9 N d G O d 0CL a O V co Z Si d R = E a VCL O k a to CL W 0 O 06 E[ N :) w o �� j co Q 2' W C v Op Q' O J V p O m a N 0> O O O O O O O Z N w y W o o a 0 d 6 u) v a 0 U G L N g Q LL C 4 N 0 a M 2 n C M co r u u 0 w M M ao0o rn rn r r •.Z Z o N t` CD N cc o00 0 w O 'E5 CL QU CR r� w � 0 O O N It U c f0 0 � O L O p N � C y C) cc LO tU 70 cn O C ` O p O w NN C O O O O 0 O O N 0 N Q N 0 O � z O O ,6a N H Q w N C7 to M ti r O O to Co O N 0 r � z-. w Of/3 > tN0 O co u f° 3 o r A N U '6 � N w m z N N 7 O O O O 3 a to m o o 0 o Q 3 N N N m Z Z c c o Y Y Ip V V Y of 0 (D L W L W U OLO y C to 6ro o LL U C 0 0 N N � r V O E � O E a a f0 f9 CL U) 0 O C) N oN o� V tU 0 O C O m C N M V O O O O t0 O O N � m W N w H O m O Z> O w t0 J o Q O m N N r t. to T N O O t0 O O N 0 O O N Vi w o N J M i O J O Q O 0 0 J U) UO O \ 0 O O O O cD 0 O Q 0 0 N N W O Q O o Q O � N ' N r. - to 0 N M O O t0 O O N DEVIN�ILLIHET ATTORNEYS AT LAW August 23, 2007 North Andover "Zoning Board of Appeals c/o Albert Manzi, III, Chairman 1600 Osgood Street North Andover, MA 01845 ROBERT W.LAVOIE 978.475.9100 RLAVOIE@DEVINEMILLIMET.COM Re: Edgewood Retirement Community, Inc. Additional Information in Support of Variance Application Property: 575 Osgood Street, North Andover, MA Dear Chairman Manzi: In accordance with the previous discussions at the various times we have appeared at meetings of the North Andover Zoning Board of Appeals ("ZBA"), we are pleased to enclose herewith various items of Additional Materials to assist the ZBA's review and consideration of our Application for Variances. In particular, some ZBA members have requested that we provide smaller size versions of the plans (I 1 x1 7) which are easier to manage and maneuver, including a colored plan which shows non -developable areas of the Property owned by Edgewood Retirement. Consequently, I have included the following materials: 1. Set of Additional Materials entitled "Edgewood Retirement Community, Inc. Additional Materials Submitted to the Zoning Board of Appeals" consisting of the above-described plans as well as a Community Impact Study and "Before and after Views"; 2. Proposed Condition Language Satisfactory to North Andover Town Counsel Urbelis, relative to the situation that the land areas are separate legal lots, and will need to be combined into one lot by means of an ANR plan after the ZBA decision, but before any construction can occur; and 3. A sheet containing two (2) Proposed Motions, one motion for the Area G Units (affected by the wetland areas) and one motion for the Area A Units (affected by the topography). � ��AUG 2 3 VE, ILLIMET BOARD 6F AFPPV� A72.11 ON 300 BRICKSTONE SQUARE PO BOX 39 ANDOVER MASSACHUSETTS 01810 T 978.475.9100 F 978.470.0618 DEVINEMILLIMET.COM MANCHESTER, NH ANDOVER, MA CONCORD, NH NORTH HAMPTON, NH c/o Albert Manzi, III, Chairman August 23, 2007 Page 2 We look forward to meeting with the ZBA on August 30, 2007. Should any additional materials be desired, please do not hesitate to contact me. Very truly yours, o (ert W. L moo'' RWL:mm Enclosures (14327\65499\A0142072.1) SUGGESTED MOTIONS 1. For the G Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d.I (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of four (4) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted G-1 and G-2 (pre-existing structure) 42' 58' G-3 67.5' 32.5' G-4 69.7' 30.3' G-7 76.5' 23.5' 2. For the A Units: I move to grant the requested variances from the North Andover Zoning Bylaw Section 13.5.d.1 (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of two (2) buildings which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC), all as shown on the Variance Plans and as described as follows: Unit Setback provided Variance granted A-4 80.7' 19.3' A-5 69.6' 30.4' { 14327\6549M0141244.1 } ANDOVER OFFICE 4 MEMORANDUM To: Albert P. Manzi III, North Andover ZBA Chairman FROM: Robert W. Lavoie Ll - DATE: / DATE: July 6, 2007 SUBJECT: Edgewood Retirement: Possible Condition Language for Combining the New and Original Parcels In connection with the Variance Application submitted on April 12, 2007 by Edgewood Retirement Community, Inc. ("Edgewood") we offer the following information as a clarification for the proposed units to be located within the 100' setback of an "interior" lot line. The "interior" lot line is defined as a property line between two parcels of land belonging to the same Owner, Edgewood Retirement Community. The "Original Land" is the 63 Acres purchased by Edgewood in 1995; the "Additional Land" is 19.3 Acres purchased in 2004 by Edgewood in the name of Edgewood Retirement Properties LLC. 2. Drawings #1, #2, and #3 are attached to clearly identify both the exterior and interior lot lines for which the Owner is requesting to develop with Independent Dwelling Units. As indicated on the attached, all units in Area H are in compliance with the 100' setbacks from exterior lot lines. 3. For Area G the situation with the "exterior" lot line to the North in the vicinity of the Family Cooperative Pre -School involves (4) units, namely Gl, G3, G4 and G7, which require relief from the 100' setback (see Drawing # 1). It should be noted that the northerly (front) portions of these (4) units are included in Edgewood's Variance Application submitted on April 12, 2007. On or about June 20, 2007, Edgewood submitted a set of revised drawings dated June 18, 2007 and supporting documents for the proposed expansion to Edgewood Retirement Communities, which revised drawings and supporting documents were submitted simultaneously to the ZBA, the Planning Board, and Conservation Commission so that all three Boards would have 100% of all of the drawings and information submitted to all of the other Boards. A legend was added to the Revised Site Layout Plans in the lower left hand corner of each sheet to identify exactly what relief is being requested from each of the respective Boards. 4. For the situation with the "interior" lot lines (See Drawing #2 and #3 attached) there are (6) units in Area G (G2, G3, G4, G5, G6, G7) and (4) units in Area H (H2, H7, H8, 1-19) which AUG 2 3 au `,�'' BOARD OF APPEALS �t Interoffice Memorandum July 6, 2007 Page 2 would require relief from the 100' setback. However, due to the intent and plan of Edgewood to combine all 82 acres of land into one lot as and when Planning Board approval is achieved, no variance request is being submitted to the ZBA. No variances for future units involving only the interior lot line has been requested simply due to the fact that the 100' Perimeter Setback will not apply when the lot is one 82 acre contiguous parcel of land with a permanent Perimeter from which to measure the 100' Setback when it becomes time to apply for Building Permits. 5. Therefore, we offer the following language which could be included by the ZBA in any favorable Decision: • The Applicant, within thirty (30) days after the Applicant's Planning Board 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. • In the event the Applicant fails, (a) to obtain approval by the Planning Board of an ANR Plan combining 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, and (b) actually to combine the same by recording said ANR Plan and appropriate Deeds with the Registry of Deeds, then the Applicant must submit a new variance request if Applicant should wish to build all (6) of the Units in Area G identified as G2, G3, G4, G5, G6, and G7 and all (4) of the Units in Area H identified as H2, H7, H8 and H9 on the Revised Plans dated June 18, 2007. • No construction activities authorized by this Decision 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. • This Decision grants only the Variances to the 100' Perimeter Setback for the Northern faces of Units G1, G3, G4 and G7 as shown on the Revised Plan dated June 18, 2007. RWL:mlm cc: Attorney Thomas Urbelis, Town Counsel Lincoln Daley, Town Planner (August 2007) Edgewood Retirement Community, Inc Additional Materials Submitted to Zoning Board of Appeals 1. _Limited Cottage Development Locations on the Campus of Edgewood Retirement Community, demonstrated by: • Plan of Developable Areas • Key Plan (showing all of Edgewood's 81.676 acres) • Variance Plan of Land (Area G Units) • Variance Plan of Land (Area A Units) • Area G Existing Conditions • Area G Variance Details Plan • Area H Variance Details Plan 2. Community Impact Study - Edgewood Retirement Community - Strategic Plan Expansion (3 pages) 3. Before and After Views of Edgewood Retirement Community: • View from Osgood Street looking toward Area H (Before & After) • View from Half Mile Hill looking toward Area H (Before & After) • View from Half Mile Hill looking toward Area G (Before & After) 4. 11 x 17 Version of Permittinj4 Plans (16 pages) { 14327\65499\A0141952.1 } Limited cottage development locations on the campus of Edgewood Retirement Community The following overall site plan shows that the majority of the Edgewood property is dedicated to Conservation Restriction Areas, wetlands and associated setbacks from those wetland borders, and the perimeter 100 foot setback distance. These areas are shown in beige. The areas adjacent to the apartment buildings in many cases are sloped and unbuildable or are immediately adjacent to a roadway or parking. The area indicated as existing activity area an area where the residents use as a function area and hold many activities. 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Project Scope: Expansion Components include an additional 27 independent dwelling units to the existing 219 congregate housing units (apartments). As well as, the Expansion to existing facility to add a Cognitive Impaired Unit, increase the Social Day Program, increase their Wellness Center, increase their Physical Therapy, relocate the Employee Lounge, and add an alternative bistro style dining facility. II. Definition: Per Article 8.3.5xxiii, a community impact analysis should review the following items: 1. Impact of project on surrounding neighborhood in terms of Architectural consistency 2. Pedestrian movement 3. Overall Character 4. Impacts on nearby historical structures or sites 5. Evaluation of the projects consistency and compatibility with existing local and regional plans. III. Community Impact Analysis Background Edgewood Retirement Community, a non-profit organization located on 575 Osgood Street and operational since 1995, currently consists of 219 congregate dwelling units (apartments) with a 45 bed Nursing Care Facility and a Commons building with. such._ supportive services as a Wellness Center, Physical Therapy, Social Day Program, recreational, and dining facilities. The project as was approved in 1995 was for the development of up 250 congregate dwelling units with a 45 bed Nursing Care Facility and a Commons building with the associated supportive services. After 12 years of operating and servicing residents from the greater community of North Andover, Edgewood continues to fulfill their mission of providing elderly residents of North Andover and the local area with an alternative life style that enhances their quality of life while aging in place. The Strategic Plan being proposed will help Edgewood fulfill their mission well into the future, and continue to provide the alternative living experience to the residents of North Andover which is close to home and their families. Section 13.2 indicates that a "Continuing Care Retirement Community is intended to allow for a greater mixture of buildings, structures and uses with regard to density than is otherwise permitted_ thereby allowing for the nursing care of the elderly and relief of the physical, economic, and emotional stress associated with the maintenance and care of traditional nursing home and residential properties." AUG 2 3 'M I BOARD OF APPEALS r. The proposed design that is being presented to the Town of North Andover includes the active involvement of the Residents of Edgewood who are passionate about the agricultural setting that Edgewood is fortunate to be surrounded by. Impact of Project To ensure that the development of the 19 acres that were acquired from Samuel Rogers in 2002, Edgewood has engaged an Architectural Design Team who specializes in designs that respect and enhance the agricultural setting that the land abuts. The Architect selected is Dewing & Schmid Architects out of Concord, MA and the Landscape Architect Stephen Stimson Associates out of Falmouth, MA. Their approach to the design proposed was to provide a shaker style cottage village. The site layout of the cottages was set up in a way to keep all new structures orthogonal to the existing barns. This is a characteristic that is consistent with historical villages in agricultural settings. Pathways have been incorporated to enable the Residents to walk throughout the property. Pedestrian Movement This development will not interfere with any public pedestrian movement. In fact, the site improvements will provide a safer surface for any pedestrians who may want access to Half Mile Hill. Overall Character The Landscaping proposed for the areas surrounding the cottages also embraces the agricultural values. The Landscape Architect has proposed a design that will restore the landscape to be consistent with its original landscape. Photos from the Historical Society. and review of the trees and plants on site have influenced the layout of tree plantings and types of plantings that are proposed for this project the proposed development of the cottages in Areas H and G will maintain an agricultural and historic character to ensure it - blends into the existing landscape. The landscape plan also enhances the existing wetland buffer zones and provides restoration. For cottages in Area A, which are adjacent to an existing apartment building, the exterior character of the cottages will match the exterior finish treatments of the apartment buildings. The expansion of the existing commons building will also match the existing for architectural consistency. The height and scale of the cottages (27 feet high) is consistent with a residential character building. The design of the cottages is intended to align with the style and proportions of the barns (roof pitch, siding material, window types). IMpact on Nearby Historical Structure As part of this proposed project, Edgewood will restore three major barns including the Horse Barn, the Maintenance Barn, and the Dairy Barn. These barns are truly treasured by the Residents of Edgewood and the restoration of these barns will only enhance the agricultural and historical setting that they are looking to maintain with the development of the cottages. Evaluation Edgewood is pleased to be able to contribute to North Andover's mission to conserve the land adjacent to their property and has made every effort to ensure that the proposed development will compliment the conservation land and preserve the rural setting because that setting is an integral part of the residents' life at Edgewood. The plan that we have submitted represents a housing type that meets the needs of the current and future residents of Edgewood; preserves the existing agricultural barn structures; and maintains the open space balance of the original design of the community and is consistent with the intent of Section 13.2 of the Zoning By-law. Edgewood's residents take pride in knowing that their community provides the elderly residents of North Andover an alternative style of living that will enable them to maintain their independence and dignity while aging in place. 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T ;JC _ r ... .Mr: ^>..,,.: '.rr: ,> 1' , .:" ., :: qr.,,.�, ...,. r.. t� .- i➢ � , rt. r^_ . ,-' 4. 7r j r STRU I r :m '.��. : ,':',:-t.,?;i "m}"ir s;t .^.1 " :.:` i ;..-, i ;.: :. ;' ..c .s �•. craP�' �$=� � ti � ' r4 t 3.� ,-r -c Z,. 1_. � - .5 �, x .. �.va'.,�o��m• � rdveya'.,'e � �:�<. 57v� C3�GOOD STREET NC�f�'�-1 xtND"l7UER, NJA GWaJ» I .PFiEPNtEDfOft $ �, .: .•i>., s4K 4. r 1.51.8 'Alm! u ie^Y F'S LQ ? Walvis WO—®1 MW E k MW G t �x, k y h.N R � 4. 3 �''�>;S .�`'� �>{•,kY y�E 3`-7^.lr," .�i""F �a � 3 -�s +s Y L to %i v3 y � W y 1 1• £' yl �E � � y � Y E . e a_1� �' '��`r lF`. r - y � v+ .f 'a' j a ;�-� � r;. ''1f�. "'t x, .m '3 �w't Lx� � `w� "ter �� ? `?c t t s,�. -:� r •�, � i1 "----- ,, z 1 - X. t r i {,. 23„i l�is.�t.�. fw M�� MS�'� � z,.r k ��4''� �.i�d t ....' ,<�;:•� g �:�:. '>.�ti;: pt : + Y '.Fa t � F �.�d: NCi� FQR Gt�i�t�#l�CfaN�N mm� j LJ r, v+ .. lii.: :, .. ..'�. � :,t ..,.. !"ci r :�: 1. .. _4 .i. iS.,..; �+ ua ... � ...� {• L�� .. .. _... � _. .4 ... 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'>.�ti;: pt : + Y '.Fa t � F �.�d: NCi� FQR Gt�i�t�#l�CfaN�N mm� j LJ r, v+ .. lii.: :, .. ..'�. � :,t ..,.. !"ci r :�: 1. .. _4 .i. iS.,..; �+ ua ... � ...� {• L�� .. .. _... � _. .4 ... l L I N B E C K July 9, 2007 Mr. Gerald Brown Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street, North Andover, MA Dear Mr. Brown, On behalf of the Applicant, Edgewood Retirement Community, Inc., we respectfully request that the North Andover Zoning Board of Appeals to continue the Public Hearing on the above -referenced project from Tuesday July 10, 2007 to the next ZBA Public Hearing. Should you have any questions or require additional information, please don't hesitate to contact me at 781-372-1157. S1 cerelly, ng ger Team aaer i`.o, ci T.,• xing _^, bAass.=..chuse t.s 324?1. 761.372.1."_00 Fax: 781.3?2.3.1.99 i JUL 9- LUU I BOARD OF APPEALS Town of North Andover t Town 11 Clerk rimc Stamp ZONING BOARD OF APPEALS W f ' ' �; E I ?> I, s.. Albert P. Manzi III, Esq. Chairman Ellen P. McIntyre, Vice -Chairman Richard J. Byers, Esq. Clerk Joseph D. LaGrasse David R. Webster Associate Members Thomas D. Ippolito Richard M. Vaillancourt Daniel S. Braese, Esq. Town of North Andover Zoning Board of Appeals 1600 Osgood Street - North Andover MA 01845 14ORTIi q4, 6 OL O s L \�4 p�RATED 2HI JUL 12 AN : 59 6! U �E�e�ic•i Date 7— 10-07 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 arianc pecial Permit Comprehensive Permit (40B) Finding for property located at: STREET: % S MAP: �G, PARCEL: 1 -7�� f TOWN: North Andover, MA 01845 NAME OF PE' SIGNED: 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com �-Ov 7 0 1 ` H,�rsleey Witten Group Sustainable Environmental Solutions 90 Route 6A Sandwich, MA • 02563 Te1:508-833-6600 Fax:508-833-3150 • wwwhorsleywitten.com , July 24, 2007 Peg Wheeler Land Protection Specialist and Public Issues Coordinator The Trustees of Reservations Doyle Conservation Center 464 Abbott Avenue Leominster, MA 01453 Re: Proposed Expansion of the Edgewood Retirement Community 575 Osgood Street, North Andover, MA Dear Ms. Wheeler: On behalf of the Horsley Witten Group, Inc. (HW), I am pleased to provide The Trustees of Reservations (TTOR) with our preliminary review report related to wetlands and stormwater management issues for the proposed expansion of the Edgewood Retirement Community. In preparing this review, HW reviewed your email and attachments dated July 16, and the project file available at the North Andover Conservation office on July 18. Due to the size of the file, HW was not able to copy the drainage calculations and full design plans in detail, but did spend several hours reviewing the files, and drove by the proposed project site. Our preliminary review comments in response to your concerns are presented below. We understand from the.Town that the applicant will be submitting additional information to the Planning Board in advance of their first August meeting (following the July 25 Conservation Commission meeting) and this information will include additional revised drainage information. We suggest that a more in-depth review of the drainage design and calculations would help to clarify the issues and concerns raised in this letter. In order to perform this more detailed review, HW would need to gather a copy of the latest full set of design plans and stormwater calculations. In reviewing the file, Ellie Baker had some difficulty locating a legible drainage area plan to accompany the HydroCAD modeling. This comment was also noted by the town's peer reviewer in her June 27 letter. PROJECT DESCRIPTION We have responded to your specific questions below, and have raised additional concerns to be aware of on this project as well. Your questions are in italics, followed by HW's comments. 1. [In the "Drive A Area, a.k.a Area H"], we are concerned about construction and site preparation occurring in close proximity to the CR boundaries, and about precautions which maybe necessary to prevent disturbance of the CR land. The proposed construction in this area JUL L 3 BOARD OF APPEALS The Trustees of Reservations July 24, 2007 Page 2 will greatly increase the amount of impervious surface, so we would like HW to look at stormwater management proposed in this area, for impacts on the CR's as well as on Weir Hill. Area H consists of the development of 11 cottages and a greenhouse building adjacent to an existing horse barn and maintenance barn that will be restored and reused. One new roadway, Drive A, will be created to access the cottages. An existing building on the eastern portion of this area will be demolished to make way for Cottages H 10 and H 11. The proposed stormwater management system for this area consists of a series of small on -lot bioretention systems that are described as treating the water quality volume, and overflow to one of two detention basins that then discharge via culverts underneath the access road toward the Weir Hill Reservation property to the south. Roof runoff for the units is directed to infiltration systems on the lots, however, it is unclear if all of the roof runoff is directed to such systems. The roof runoff from the Greenhouse and Cottage H8 does not appear to be directed to an infiltration system. The infiltration systems overflow into the same overflow system as the bioretention areas and into the detention basins. 2. [The "Drive B Area, a.k.a. Area G" is] the area where we are most concerned about stormwater runoff. "Drive B" will replace an existing one -lane unpaved driveway with a paved road providing access to the proposed cottages. To the north of Drive B and to the south of the proposed cottages are jurisdictional wetlands. Those to the south were created in the process of constructing and landscaping the existing Edgewood facilities. The proposed cottages and associated driveway and parking areas will convert the majority of this area into impervious surface. The portion of Weir Hill which is downgradient from this area is already wet, and I would like HW to review the stormwater management plans for this area to be sure that they are adequate to handle a significant increase in runoff without impact on Weir Hill. The proposed development in this area consists of the creation of seven units, including two located within a restored milk barn, as well as the conversion of a gravel road to a paved road, and moving the road slightly south away from the wetland boundary. The stormwater management for the roadway consists of a series of bioretention areas sized to treat the water quality volume, connected by informal swales and overflow pipes, and discharging both to the wetland southwest of the units G1 and G2 and through a pipe to detention basin B3, which also serves the Drive A Area. Appendices B and C of the June 20, 2007 submittal includes Figure No. 7 (dated June 13, 2007), which indicates the impervious areas to be managed by the proposed bioretention systems in the Drive A and Drive B developments. Clearly not all of the roadway and driveway impervious area will be captured and treated by the bioretention systems. Furthermore, the planting plan shows that plantings, presumably trees, are proposed on top of the infiltrator systems. This is not recommended, and suggests that the planting plan is not in sync with the stormwater management design. While the proposed development does propose to infiltrate the roof runoff via the on -lot infiltrator systems, a considerable amount of impervious surface from the roadway and driveways will drain to detention basin 3. In the event that the detention basin is full or the pipe system cannot handle the volume of flow, runoff will be diverted toward the existing wetland between the roadway and units G1 and G2. HW would suggest further review to ensure that the JA7093 Trustees of Reservations\Reports\Review Letter Ldoc The Trustees of Reservations July 24, 2007 Page 3 rooftop infiltrator systems will provide sufficient infiltration to meet the stormwater standards for this area, and further review to ensure that the culverts running between the Drive B development and detention basin 3, and detention basin 3 itself, have sufficient capacity to manage the flows. This is of particular interest given that the HydroCAD modeling for the f- inch storm, submitted by the applicant in response to Eggleston Environmental's June 27 peer review letter, shows the peak flows to design point 3 (located in the wetland just north of the access road) increasing significantly from 0.32 cfs to 2.94 cfs. HW would like to review this in more detail. In addition, Design Point 2, appears to be in a strange location since the contributing drainage area includes Detention Basin 3. It is unclear why the applicant did not use the discharge location from the basin as the design point. The location of the design point and delineation of contributing watersheds can affect the way the peak flow analysis is performed and the resulting peak flows. 3. [The "Drive C Area, a.k.a. Area A" is] an area where our primary concern is visual buffering for Weir Hill, and the proximity of construction activity to the CR boundary. I don't see a potential for hydrologic impacts on our property in this area; however, if I have misread the plans in this regard, I hope you will let me know! The proposed development in this area consists of the development of an access road (Drive C) and eight units on a hillside above the existing parking lot at the southern end of the property. The rooftop runoff is proposed to be infiltrated in five on-site infiltration systems. Roadway runoff appears to be collected in catch basins and piped into the existing system for the existing development. The applicant should confirm that the existing system can handle the additional stormwater from the Drive C area as well as from the building additions in the existing facility. HW was not able to review this in detail. The proposed planting plan in the site plans includes the placement of four trees along the southern edge of the access road at intervals of approximately 40 to 50 feet, and three trees at the southeastern corner behind unit A5. It is unclear what type of trees these will be, but at the proposed interval it appears that they will not provide significant additional visual buffering from the Weir Hill Reservation to the south. The existing tree line along the property boundary will be maintained, except for a small impact to the trees for grading of the access road. However, in the area of this impact, the swath of trees appears to be thin, less than the width of the roadway itself. It may be possible to realign the road slightly to avoid any need to remove existing trees from the property boundary tree line. The proposed development will be significantly higher in elevation on the hillside than the existing parking area and may be visible from the Weir Hill Reservation property to the west. The grading plan behind proposed units A2 and A3 will require existing vegetation in that area to be cleared. The plans to do show existing tree cover in this area, but any trees that may be located in that area will be removed, creating a visual opening to the proposed development. If grading could be reduced in this are and trees planted or maintained to the west of the proposed units, a better visual barrier may be created. HW did not observe in the planting plan whether trees are proposed in this location. JA7093 Trustees of Reservations\Reports\Review Letter Ldoc The Trustees of Reservations July 24, 2007 Page 4 4. In preparation for a Conservation Commission meeting on the evening of July 25, I would like HW to review the plans on file in the Community Development office of the Town of North Andover, 1600 Osgood Street, to assess: • Whether the proposed strategies for management of runoff are adequate to protect Weir Hill and the abutting CR properties from increased runoff impacts resulting from this project; • If not, what additional measures should be required by the Town of North Andover in order to protect these properties from those impacts. Upon our initial review, HW believes that the general approach to stormwater management at the site, particularly in the areas of Drive A and Drive B, reflect a strategy that is reasonable. It combines on-site vegetated practices and infiltration practices to control the volume of runoff and treat the water quality volume, and then utilizes a detention basin to control the peak flows in accordance with the Massachusetts DEP Stormwater Standards. However, these practices require a detailed understanding of the soils, depth to groundwater, and contributing watersheds to ensure that they will function properly. HW recommends a more in-depth review to ensure that each bioretention system and infiltration system is sized appropriately, is located in areas with a required depth to groundwater, and is designed in a manner such that these areas will not be compacted during construction. While we think the general approach for the project is reasonable, it is important to understand that the success of a stormwater management plan is very much dependent on whether the details are correct. For example, the HydroCAD modeling must reflect any design condition affecting the capacity of the system for infiltration and the amount of overflow into the detention basins that will occur. Given that these two areas discharge toward the Weir Hill Reservation, it is imperative that the systems work in order to ensure that the volume of water, quality of water and peak flows are maintained at existing conditions. We hope that our comments will assist you in preparing for the July 25 Conservation Commission hearing for this project. Please contact Ellie Baker at 978-499-0601 or Rich Claytor at 508-833-6600 if you have any questions. Sincerely, HORSLEY WITTEN GROUP, INC. W Ellie S. Baker Sr. Environmental Planner JA7093 Trustees of Reservations\Reports\Review Letter Ldoc 1Z__A_X - ql�' Richard A. Claytor, Jr., P.E. Principal Page 1 of 1 Glennon, Michel From: McKay, Alison Sent: Monday, July 30, 2007 2:17 PM To: Daley, Lincoln; Glennon, Michel; Brown, Gerald; Wedge, Donna Cc: Bellavance, Curt; ScottMasse2 (E-mail) Subject: FW: Edgewood project & TTOR FYI -----Original Message ----- From: Margaret Wheeler [maitto:mwheeler@ttor.org] Sent: Monday, July 30, 2007 2:13 PM To: McKay, Alison Cc: Wesley Ward; Lisa Vemegaard; Chris Rodstrom; Chris Ward Subject: Edgewood project Alison: As a result of last week's ConsComm meeting, I assume that the Edgewood proponents will not be making additional filings with the Commission untillunless the ZBA resolves their request for a variance. I have Aug. 14 on my calendar as the date of the next hearing before the ZBA. By mail, I'm sending you a copy of Horsley Witten's report of their review of the plans on file with your office as of July 18. You will see that they found that the filings as of that date were not sufficiently detailed to resolve some of the questions we raised, and also that additional filings were expected prior to Planning Board and ZBA meetings. We would like to be able to arrange for HW to review any additional filings, so I'd like to request that your office let us know when you receive them. I appreciate your helpfulness, and that of your staff, as we've tried to evaluate the impact of this complex projectl Peg Wheeler Land Protection Specialist and Public Issues Coordinator The Trustees of Reservations Doyle Conservation Center 464 Abbott Avenue Leominster, MA 01453 mwheeler@ttor.org 978-840-4446, x 1916 617-838-4889 (cell) The Trustees: Saving the Irreplaceable. For Everyone. Forever. www.thetrustees.org 7/30/2007 The Trustees of Reservations July 24, 2007 Page 4 4. In preparation for a Conservation Commission meeting on the evening ofJuly 25, I would like HW to review the plans on file in the Community Development office of the Town of North Andover, 1600 Osgood Street, to assess: • Whether the proposed strategies for management of runoff are adequate to protect Weir Hill and the abutting CR properties from increased runoff impacts resulting from this project, If not, what additional measures should be required by the Town of North Andover in order to protect these properties from those impacts. TT_ __._.—.4:_1 "--""___ TTTTT L_15 .... _.. 41-..a aL- --}- a- -.-------- a__ -----------a _aaL- Town of North Andoverown Clcrk,rimc Stamp N" IV E 0 ZONING BOARD OF APPEALS Albert P. Manzi 111, Esq. Chairman Ellen P. McIntyre, Vice -Chairman ¢ tAORTH 2 0 '91 JUL 12 AN 9: 5 9 0 Richard J. Byers, Esq. Clerk Joseph D. LaGrasse 0 0 David R. Webster Associate Members 's H10, R T A Nr' -q P' 4 — MA A 0 1 Thomas D. Ippolito Richard M. Vaillancourtrat, Daniel S. Braese, Esq.�Ssge►+u�Ec Date 7- to 0:7 Town of North Andover Zoning Board of Appeals 1600 Osgood Street , North Andover MA 01845 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 � �_arianc Special Permit Comprehensive Permit (40B) Finding for property located at: STREET: 5t+ -Q MAP: 3(1 PARCEL: 3 1-7 TOWN: North Andover, MA 01845 • M;101111_ � � NAME OF PE' SIGNED: W 1600 Osgood Street, Building 20 - Suite 2-36, North Andover, Massachusetts 01845 Phone - 978-688-9541 Fax - 978-688-9542 Web - www.townofnorthandover.com Town of North Andover, MA - CANCELED - Zoning Board of Appeals Meeting Page 1 of 1 Site rThis Folder �Searcla V Advanced Search CANCELED - Zoning Board of Appeals Meeting Tuesday, July 10, 2007 at 7:00 PM Town Hall Meeting Room Printer -Friendly Version ZONING BOARD OF APPEALS MEETING ALL AGENDA ITEMS SCHEDULED FOR THE REGUARLY SCHEDULED ZBA MEETING OF JULY 10th CANNOT BE HEARD, AS A QUORUM CANNOT BE REACHED. ALL AGENDA ITEMS WILL BE CONTINUED TO THE NEXT REGULARLY SCHEDULED MEETING OF TUESDAY AUGUST 14TH AT 7:00 P.M. AT TOWN HALL 2nd FLOOR CONFERENCE ROOM. r, THE ZBA AND STAFF APOLOGIZE FOR ANY Yiduol Torun HaIP INCONVENIENCE. �•s"`t�"° virhra6lrsb�atF�olfzzt�'t North Andover Town Offices 120 Main Street, North Andover, MA 01845 Phone: (978) 688-9501 http://www.townof iorthandover.com/Pages/NAndoverMA_Calendar/SOOFBE47D-OOFBE... 7/10/2007 L I N B E C K July 9, 2007 Mr. Gerald Brown Zoning Board of Appeals 1600 Osgood Street North Andover, MA 01845 Re: Edgewood Retirement Community, Inc. Property: 575 and 549 Osgood Street, North Andover, MA Dear Mr. Brown, On behalf of the Applicant, Edgewood Retirement Community, Inc., we respectfully request that the North Andover Zoning Board of Appeals to continue the Public Hearing on the above -referenced project from Tuesday July 10, 2007 to the next ZBA Public Hearing. Should you have any questions or require additional Information, please don't hesitate to contact me at 781-372-1157. Elm One Maguire PnWd i JUL 9 - cuui 130ARD OF APPEALS TeaXingt:n, Massachusetts '5,'421. 75.1.3?2.13-06 Fax: "781..3-2.3.1.99 www, . 3.inbec k . ccu- Page 1 of 2 Glennon, Michel From: Robert W. Lavoie [riavoie@devinemiliimet.com] Sent: Friday, July 06, 2007 6:07 PM To: attymanzi@manzilaw.net Cc: Bellavance, Curt; tju@uf-law.com; dchard.nardella@smith-nephew.com; Daley, Lincoln; Rees, Mark Subject: Memo on Edgewood Conditional Language for Combining the New and Original Parcels Attorney Manzi Attached please find a July 6.2007 Memorandum from me on this issue entitled "Edgewood Retirement: Possible Condition Language for Combining the New and Original Parcels". We have prepared and are submitting this Memorandum to you only for purposes of trying to be helpful in connection with the upcoming meeting next week which you have scheduled to be held among yourself, Town Counsel Urbelis, and Town Planner Daley at 3:00 p.m. on Tuesday, July 10, 2007. At the present time, we have not been asked to attend this meeting, nor would we want to intrude. If for any reason you come to feel that it would be helpful if I attended, please know that I am ready, willing and able to attend that or any other meeting which may be convened in connection with Edgewood Retirement's pending applications before the ZBA, Planning Board and Conservation Commission. Thank you for the time and effort you had already given to this Application, and we look forward to presenting this project to the ZBA on Tuesday evening, July 10, 2007. Thanks, Bob Robert W. Lavoie Devine, Miilimet & Branch 978 475-9100 (voice) 978 470-0618 (fax) 'INP ILLIMT ATTORNEYS AT C.AIA 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 I �the-Internal R V' -d'1 u� a of 1986, as amended. D 7/9/2007 -JUL - LULI N 14 1 80A� . BOP.RO 01 APPEALS DEVIN ht€LLIMET ANDOVER OFFICE MEMORANDUM To: Albert P. Manzi III, North Andover ZBA Chairman FROM: Robert W. Lavoie Ll- DATE: /DATE: July 6, 2007 SUBJECT: Edgewood Retirement: Possible Condition Language for Combining the New and Original Parcels In connection with the Variance Application submitted on April 12, 2007 by Edgewood Retirement Community, Inc. ("Edgewood') we offer the following information as a clarification for the proposed units to be located within the 100' setback of an "interior" lot line. The "interior" lot line is defined as a property line between two parcels of land belonging to the same Owner, Edgewood Retirement Community. The "Original Land" is the 63 Acres purchased by Edgewood in 1995; the "Additional Land" is 19.3 Acres purchased in 2004 by Edgewood in the name of Edgewood Retirement Properties LLC. 2. Drawings #1, #2, and #3 are attached to clearly identify both the exterior and interior lot lines for which the Owner is requesting to develop with Independent Dwelling Units. As indicated on the attached, all units in Area H are in compliance with the 100' setbacks from exterior lot lines. 3. For Area G the situation with the "exterior" lot line to the North in the vicinity of the Family Cooperative Pre -School involves (4) units, namely G1, G3, G4 and G7, which require relief from the 100' setback (see Drawing # 1). It should be noted that the northerly (front) portions of these (4) units are included in Edgewood's Variance Application submitted on April 12, 2007. On or about June 20, 2007, Edgewood submitted a set of revised drawings dated June 18, 2007 and supporting documents for the proposed expansion to Edgewood Retirement Communities, which revised drawings and supporting documents were submitted simultaneously to the ZBA, the Planning Board, and Conservation Commission so that all three Boards would have 100% of all of the drawings and information submitted to all of the other Boards. A legend was added to the Revised Site Layout Plans in the lower left hand corner of each sheet to identify exactly what relief is being requested from each of the respective Boards. 4. For the situation with the "interior" lot lines (See Drawing 42 and 43 attached) there are (6) units in Area G (G2, G3, G4, G5, G6, G7) and (4) units in Area H (112, H7, H8, H9) which IF "I sq ,Il, D {1432*4824W0 6746.1} JUL 9 — cuul Lu ) I BOARD OF APPEALS Interoffice Memorandum July 6, 2007 Page 2 would require relief from the 100' setback. However, due to the intent and plan of Edgewood to combine all 82 acres of land into one lot as and when Planning Board approval is achieved, no variance request is being submitted to the ZBA. No variances for future units involving only the interior lot line has been requested simply due to the fact that the 100' Perimeter Setback will not apply when the lot is one 82 acre contiguous parcel of land with a permanent Perimeter from which to measure the 100' Setback when it becomes time to apply for Building Permits. Therefore, we offer the following language which could be included by the ZBA in any favorable Decision: • The Applicant, within thirty (30) days after the Applicant's Planning Board 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. • In the event the Applicant fails. (a) to obtain approval by the Planning Board of an ANR Plan combining 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, and (b) actually to combine the same by recording said ANR Plan and appropriate Deeds with the Registry of Deeds, then the Applicant must submit a new variance request if Applicant should wish to build all (6) of the Units in Area G identified as G2, G3, G4, G5, G6, and G7 and all (4) of the Units in Area H identified as H2, H7, H8 and H9 on the Revised Plans dated June 18, 2007. • No construction activities authorized by this Decision 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. • This Decision grants only the Variances to the 100' Perimeter Setback for the Northern faces of Units G1, G3, G4 and G7 as shown on the Revised Plan dated June 18, 2007. RWL:mhn cc: Attorney Thomas Urbelis, Town Counsel Lincoln Daley, Town Planner (I 4327\64824M 137846.1) Page 1 of 1 I Glennon, Michel From: Daley, Lincoln Sent: Friday, July 06,2007 11:41 AM To: Glennon, Michel Subject: FW: Edgewood Mich: Do you have this information? I sent Tom a copy of the materials pertinent to the Planning Board application. -----Original Message ----- From: Thomas 3. Urbelis [mailto:tju@uf-law.com] Sent: Friday, July 06, 2007 11:13 AM To: Daley, Lincoln Subject: Edgewood Uncoln..... please send me the Variance Application, Memorandum in Support of Petition for Variance, Sheet 6A - Difference from Zoning Requirements, Sheet 5 -Description of Variance, and Memorandum in Support of Application for Special Permits. Thanks. Tom. 7/6/2007 n:,iauuvaia wu�uicivnlmaxuusuzua-avera0.awg W O O QQQN C 0 Or \d4 o 1, ,1 Ila A Ou W O C N oz o d o 0 0 . o mz - r . �z 1. <p Zvi . Zv� ' m rn 0 C Komi gjo 1 - , 7 Z C N4 A� C o rnty �1 o z z OTi 1 1 0 m 10 z c S � � NW �NZ 0 < Cf) ��a z ol 107 5:08 PM II i �1 1, ,1 A Ou W O C N oz zuI1 o mz >z Konz v . �z 1. <p Zvi . Zv� ' m o Komi gjo 1 - , 0 Z C N4 A� C N z m 10 z coMMoy � c NW �NZ 0 < -{ ��a d o ; _ z z p z 2 R2 f +�m< .. zo Z o o� ozc m v m S.L. o e OVERALL SITE PLAN G g a�5 Z T S 575 OSGOOD STREET, NORTH ANDOVER, NIA g ; . m y 8 rieuEowe 7 , m. EDGEWOOD RETIREMENT COMMUNITY b § NORTH ANDOVER, MA via vo� WWI T'�W, w d-RqZCS09\RqAjjAP\0S09\1 m' _ ,mm { |m LP �mw S am2dgHam ee bO Lij VW__mm'»__mu " Milo k |■|!! ¥i eV . § ( k § th w1k9 �§k § R§� b§o} §(E $ 5 ]tea § r@ a_m o . §� \§§§# z d °°° ,ƒc a \ , �m�k t�§(N k E) \&[§ 89�-$§! B /. §k°■ )k\KB 0. 8 �f aS�Ez (� \WN k § K�0 afwo W. .z ;§2§ w§a� 2B m 2 ¥ � & . . . � COD. d-RqZCS09\RqAjjAP\0S09\1 C vvcki m00w MON � § � a b $ e A11Nnwwo31N3W3dll3U OOOM3803 d �. ammindne ' ` .� WN @?�� q E tlW 'd3A00Ntl H1HON'133tl1S mosso 5L9 O Z � � i 3NOZ a3ddO9100d 9Z NI 1N3W3AOddWi AVMGVOH ONIISIX3 . H o SETTS / : 1 m N LLI LO = rnjoO o Q N N, .hi zto Q�Q4°y t0 h O N V / o OD 04 A. • /: �� , � •<< � ooh � - � • z QO o :. j, 1:/ 4, / p N w oo to 0 I 3�0 ti0 ` \ a z N I- 0 �• O ° ° t7 \� w Z fro() LLJ W / W,m O ✓ l "/ OQ. ZOI o/ o 'Dot O'Ir iL �Q �'''/ 0 IQm o� 0 I ':'f / / ° m z O 0 I' \%tel �l : O //� 0� (j 2 O 'S, 0 0 ao` . Q z o N Eb N U Or / O �� 00 1 m / • �/9 / // O t0 0 Z F mo f: :/ > I 10 M o z N Z 5 N W = f Oa 1- Z ~� s• 'i m N N Q m o La 0)m w o N N N m m m z w z m N m le to z u C9 04 d' m 3 FO z '99, � o ul 0 m i ¢ N ¢ I1V�1J a 0 m' 04, w ow a 0 O' Gl S N m t zF cc0 O Oz 0 6 m' MIH; 0 0 0 L6 04 / 3 / � w PJ 0 On to 0 ' / W N m / �, N 0 i Q in I 5 zoo N 0 0 �, • J OLSI 00 LO OH m m / N a Mu- LLI W N m k O Ax U z U N f N� N. N M / / r zz U / U 9 X- W m S \ m to m N z (L z 0 C9 xl \ IBJ o 25' m m m iii w uwiii ao co m0 a z 0a. epi d ri APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 6A Difference from Zoning Requirements Perimeter Setback of 100 feet required. Provided: Less than 100 feet, as shown on the attached plans and as detailed below Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 661+/- not to exceed 35.'. A-4 100' 5 F +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' 07 { 14327\00002W0132435.1 } APPLICATION FOR A VARIANCE Petitioner: Edgewood Retirement Community, Inc. Additional Sheet 5 Description of Variance Request Petitioner respectfully request a variance from North Andover Zoning Bylaw Section 13.5.d.1 (the Perimeter Setback of 100 feet in a CCRC) so as to allow the construction of 6 buildings (containing 9 units) which will not meet the 100 foot Perimeter Setback required in a Continuing Care Retirement Center (CCRC)), as.follows Unit Required Provided Variance Requested G-1 100' 42' +/- not to exceed 49' G-2 100' 42' +/- not to exceed 49' G-3 100' 62' +/- not to exceed 39' G-4 100' 54' +/- not to exceed 47' G-5 100' 74' +/- not to exceed 27' G-6 100' 56' +/- not to exceed 45' G-7 100' 66' +/- not to exceed 35' A-4 100' 5 V +/- not to exceed 50' A-5 100' 62' +/- not to exceed 39' 07 (14327\00002W0132435.1) Any. Thomas J. Urbelis Advisory Meeting — Edgewood Retirement Center, Inc. Page 1 of 1 Community Development Meeting Room —1600 Osgood Street, North Andover, Massachusetts 01845 July 10, 2007 The meeting began at 3:05PM with Mark Rees, Town Manager, Thomas I Urbelis, Town Counsel; Albert P. Manzi, III, Chairman, Zoning Board of Appeals; and Lincoln Daley, Town Planner. Mr. Manzi said that the Zoning Board hearing for Edgewood's Variance petition had raised the issue about internal lot lines: Do they abut themselves? What is the status of parcels 17, 18, & 19? Does Edgewood own the parcels and if they don't, will they need other Variances? Mr. Daley said that the 1-parcel/4 parcel issue might be cured by conditions. Mr. Manzi said that he had concerns: either the ZBA knows what relief to grant now, or Edgewood needs a new filing. It's not possible to grant relief if the plan doesn't exist. Atty. Urbelis said that the current filing is asking for relief from the 100' buffer for the proposed new building groups. Mr. Manzi said that he remembers that during the Special Permit hearings for the Continuing Care Special Permit, the Planning Board had issues with the site lines from Osgood Street. Mr. Daley said that the Planning Board skill does, and has issues with the density as well. Mr. Manzi said his main issue is clarifying the relief required; or do they need to file a new petition after the Planning Board decision? Mr. Daley said that they couldn't go forward without the Variances. Mr. Manzi asked if they should have merged the lots before any filings? Mr. Daley said that they do need a single lot for a Continuing Care Special Permit. Mr. Manzi asked about the restrictive covenants on the 3 Samuel Rogers lots? Mr. Daley said that Edgewood is complying. Mr. Manzi asked if Mr. Daley had any idea about Planning Board opinions? Mr. Daley said it was too early in the hearings. Atty. Urbelis asked if the meeting would agree to talk to Atty. Robert W. Lavoie on speakerphone? Atty. Urbelis asked Atty. Lavoie why the lots had not been combined before filing? Atty. Lavoie said it was a chicken and egg situation: combining before vs. combining after. However, combining after the filings might save some time; the ANR could be in process while the appeal periods ran. Atty. Urbelis said that under the bylaw, the Special Permit is only good for one lot, not two lots. If you did an ANR, then you could satisfy the requirements for one lot. Atty. Lavoie said that then their lot would be larger than the lot size approved by the Special Permit. Atty. Urbelis asked if Edgewood needed other, interior Variances? Atty. Lavoie said that by the time Edgewood can file for the Building Permit, the ANR will be in place, and all zoning issues will be settled. Mr. Daley said that if the ANR erasing the interior lot lines were not approved, then Variance for H7, H2 & H8 would be required from the ZBA. Mr. Rees asked what Edgewood's game plan for moving forward was, what is the chronology? Atty. Thomas J. Urbelis Advisory Meeting — Edgewood Retirement Center, Inc. Page 2 of 2 Community Development Meeting Room —1600 Osgood Street, North Andover, Massachusetts 01845 July 10, 2007 Atty. Lavoie said if the Variances were granted, conditioned upon a unified parcel, then the Planning Board can act, then followed by the Conservation Commission filing. Edgewood would request the ANR in order to unify the 4 parcels, the original parcel 3 with 17, 18, & 19.during the appeal periods. Mr. Rees asked if the chronology is: 1. ZBA grants Variance for external setback, conditioned upon successful ANR- 2. NR2. Planning Board grants Site Plan Special Permit & Special Permit Modification, conditioned upon successful ANR. 3. Conservation Commission grants, conditioned upon successful ANR.. 4. Appeal periods end. 5. Apply for ANR; denied? All three are null & void. Atty. Urbelis said that he was not comfortable with the wording in the Atty. Lavoie 7-6-07 Memorandum second point under number 5: He would make sure that the ZBA decision is not granting any interior Variance for the H units. He would line to see language like: if the Applicant fails to obtain approval 60 days after the Planning Board decisions become final,... Mr. Daley asked if the ZBA could condition a Variance? Atty. Urbelis said he doubted that the applicant would appeal. Mr. Rees asked if the Planning Board is considering conditioning parking at the end of the Co-op street? He doesn't necessarily see paving, but something like gravel, permeable, for approx. 10 cars since there is no parking provided for Half Mile Hill now. Mr. Daley said that one Planning Board member had helped craft Section 13, and had included `encourage the preservation of open spaces'. Eight years after, Edgewood had first refusal for the farmland. Atty. Urbelis asked about Edgewood's basis for hardship to support the Variance? Mr. Daley said the need to stay outside wetlands and topography. Mr. Manzi said that Edgewood hadn't really addressed the issue of wetlands. Atty. Urbelis phoned Atty. Lavoie again. Atty. Lavoie said that the G area units were bordered by wetlands, and Conservation Commission restrictions, or, soil and the restricted shape of the lot; the A area had steep drop-offs, the topography is a challenge. Atty. Urbelis said that MGL ch. 39, §23D is limited to one absence/hearing, and that the member wishing to vote would need to certify that he/she had viewed or listened to a recording of the session and that he/she had examined all the documents submitted during the missed hearing. Mr. Manzi said that the ZBA would need to revise the Rules & Regulations and that he would come to next week's Planning Board hearing. Atty. Urbelis said that all July 10 Zoning Board petitions should sign a waiver to September 15, and all waivers should be Town Clerk time -stamped. Meeting ended at 4:00 PM. Message Page 1 of 3 Glennon, Michel From: DelleChiaie, Pamela Sent: Tuesday, October 24, 2006 8:51 AM To: Curran, Bernadette; McEvoy, Jeannine; Glennon, Michel; Ippolito, Mary; Wedge, Donna Subject: FW: Printing Deeds Hi everyone, Lisa had looked into this for me (printing fro Ideeds online). As you can see (read below) they are not setup to do this rig//ht now. Just FYI, as I know there are others in the division that look up prope�fty verification information from there. Have a great day! Pamela D. -----Original Message ----- From: Belfiore, Lisa Sent: Tuesday, October 24, 2006 8: 3 AM To: DelleChiaie, Pamela Subject: FW: Printing Deeds ....v N.v NNN w NNNNNNNNNNNNNNNNNNNNw Lisa Belfiore MIS Technician Town of North Andover, MA 978-688-9546 FAX: 978-688-9522 -----Original Message ----- From: Cusack, Maureen [ma Ito: maureen.cusack c@sec.state.ma.us] Sent: Monday, October 23, 006 02:26 PM To: Belfiore, Lisa Subject: RE: Printing Deeds Hil Lisa, Sorry but we've moved and their are so many problems we need to address at this time. I don't think you can print at this time. From: Belfiore, Lisa[mailto:lbelfiore@townofnorthandover.com] Sent: Tuesday, October 10, 2006 10:15 AM To: Cusack, Maureen 10/24/2006 2ii [Merrimac L ondominiu Itms Osgood Landing Orchard Village NAHA Ashland Street NAHA Ma Street Ellen P. Mcln reVoter, Ivo Voter Voter. Voter Voter 'r Joseph D. LaGrasse Voter Voter Voter Voter Voter f Richard J. Byers Voter Voter ter: Voter Voter Albert P. Manzi Voter', Voter Voter:. Voter Voter i David R. Webster ;Non-voter Non-voter Voter Non-voter Non-voter Thomas D. Ippolito Voter Voter Voter Voter Voter Richard M. Vaillancourt Voter, Voter Voter Voter Voter Daniel S. Braese Non-voter', Voter Voter Voter Voter Merrimac Condominiu Ims Osgood Landing Orchard Village NAHA Ashland Street NAHA Ma Street i Ellen P. McIntyre jVoterl,, Voter Voter Voter Voter Joseph D. LaGrasse Voter Voter Voter, Voter Voter Richard J. Byers oter Voter Voter Voter Voter Albert P. Manzi Voter Voter Voter Voter Voter David R. Webster Non-voter', Non-voter Voter Non-voter Non-voter Thomas D. Ippolito �oter Voter Voter Voter Voter Richard M. Vaillancourt Voter Voter Voter Voter Voter Daniel S. Braese Non-voter' Voter Voter; Voter Voter (D i ��, ✓ i C� lvh� eM, c41i Z;MF.'Jtii 'r�S V,4 Il v/4 0 Q all (5� p b L"IPy ) [ ll Ll C �� cv-�n � r -A gv� A TOWN OF NORTH ANDOVER Comprehensive Permit Rules and Regulations of the ZONING BOARD OF APPEALS List of Amendments: June 13, 2006 101.k # copies Page 3 3.b,2 Fees Page 3 "... (k) at least nineteen (19) copies ofthe application form..." 1 Tow\�n Clerk 8 ZBA Board 1 Zoni g Enforcement Officer 1 ZBA Ries 1 Conservation 1 Health 1 Planning 1 Board of selectmen 1 Division oblic Works 1 Fire Department 1 Police Department 1 *Consultant Additional co 'es may be needed for other consultants. 19 5 Board of Selectmen 3 Board of Health 7 Conservation Comm 5 Planning Board 20 2 Housing Partnership 41 North Andover Comprehensive Permit Rules & Regulations 2001, rev. 2006 Page 7 of 7 - - I �-, -, "\- 0, �� ria v� ✓G � � `��e `�r� � / 11 16 C�, V 6;�� &�� d ) --J�m cl- rcO-w,zs TOWN OF NORTH ANDOVER Comprehensive Permit Rules and Regulations of the ZONING BOARD OF List of Amendments: June 13, 2006 3.011 # copies e 3 3.02 Fees Page 3 "...(k) at least nineteen (19) copies of the application form..." 1 Town./Clerk 8 ZBA -Board 1 Zoning Enforcement Officer 1 MA files 1 Conservation 1 Health 1 /Planning 1 Board of Selectmen 1 Division of Public Works 1 Fire Department 1 Police Department 1 *Consultant *Additional copies may be needed for other consultants. 1 5 Board of Selectmen 3 Board of Health 7 Conservation Commission 5 Planning Board 20 2 Housing Partnership 41 North Andover Comprehensive Permit Rules & Regulations 2001, rev. 2006 Page 7 of 7 0o- J r -0,V4 � �, f + v M)�� ) e�4,�t 1, /�) s�R, !D �✓S �� , i3, IrEerij� ✓°f7, l`L�2✓a J �riJ(C",4Svjh�r� 5.03 The board may dispose of the application for a comprehensive permit in the following manner: (a) approve a comprehensive permit on the terms and conditions set forth in the application; (b) deny a comprehensive permit on the terms and conditions set forth in the application; © pprove a comprehensive permit with conditions with respect to height, sitejplan, size, shape o uilding materials that do not render the construction or operation of suchproject or such housing uneconomic. 6.00 Appeals 6.01 If the Board approves the comprehensive permit, any pers6n aggrieved may appeal the decision within the time period and to the court provided in NIGL Chapter 40A, Section 17. 6.02 If the Board denies the comprehensive permit orApproves the permit with unacceptable conditions or requirements, the applicant may appeal/to the Housing Appeals Committee as provided in MGL Chapter 40B, Section 22. 7.00 Effectiveness These rules are hereby adopted bv,the North Andover Zoning Board of Appeals and made effective on 3-13-2UU1 . The Rules and any subsequent amendments made thereto shall be filed with the North Andover Town Clerk. Dated: 3-13-20CI . North Andover Comprehensive Permit Rules & Regulations 2001, rev. 2006 'Miam Sa ivam (me) Chairman Page 6 of 6 V V 'f -n�� V, �u r v, 4.05 Any invitation for bids or request for proposals shall indicate that award of the tract is contingent upon payment of a review fee. If the applicant fails to pay the review fee ithin ten (10) days of receiving written notification of selection of a bidder or offerer, the Boar ay deny the comprehensive permit. (The Board will select the consultant after reviewing bIt the bid or the proposal and any comments received from the applicant pursuant to section 03 (c)(ii), but it will not formally award the contract until the review fee has been received and aid). 4.06 Prior to paying the review fee, the applicant may appeal the se fiction of the consultant to the Board of Selectmen. The grounds for such an shall be limited to cl ms that the consultant selected has a conflict of interest or does not posses the minimum, require qualifications. The minimum qualifications shall consist of either an educational degree in o elated to the field at issue (traffic, drainage, etc.) or three or more years of practice in the field issue or a related field. The required time limits for action on the comprehensive permit applica 'on by the Board shall be extended by the duration of the appeal. In the event that no decision is de by the Board of Selectmen within one (1) month following the filing of the appeal, the select' n made by the Board shall stand. 4.07 Each review fee shall be deposited in a special account established by the town treasurer pursuant to MGL Chapter 44, Section 53G. for the purposes described in section 4.02, a Act, MGL Chapter 30B, Sections 1-19. Wi such time as the applicant formally withdrx of funds in the special account and shall accrued interest. The town accountant s _ ll Board of Selectmen and the Town town's annual report. 5:00 5.01 The Board shall hold a thirty (30) days of its receipt. hearing. The Board may re . boards or officials as it considi request comments, reports, or/ its decision on the ffiapplication, boards or officials. Fun)S from the special account may be expended only )ov , and compliance with the Uniform Procurement h,�' thirty (30) days of the completion of the V-92 or of 3s the proposal, the applicant shall receive aport )aid any unspent excess in the account, inclu submit annually a report of the special account to the for their review. This review shall be published in the pu'lic hearing on the application for a comprehensive permit within e provisions of MGL Chapter 40A, Section 11 shall apply to the the appearance at the hearing of such representatives of local rs necessary or helpful in reviewing the application, or the Board may ecommendations in writing from local boards of officials. In making the Board shall take into account the recommendations of local 5.02 The Board shall render a decision based on a majority vote of the Board, and shall file such decision in writing with the town clerk within forty (40) days after termination of the public hearing, unless such time is exten`'ded by written agreement of the Board and the applicant. Such extension shall be filed with the Tiown Clerk. The hearing is deemed terminated when all public testimony has been received and all information requested by the Board has been received, including the reports of any outside consultants retained for review of the project, and the Board has voted, by majority vote, to close the hearing. North Andover Comprehensive Permit Rules & Regulations 2001, rev. 2006 Page 5 of 5 0' K -�ney\ (a) Preliminary site development plans showing the locations and outlines of proposed buildings; the proposed locations, general dimensions and materials for streets, drives, parking areas, walks and paved areas; and proposed landscaping and open areas within the site. An applicant proposing to construct or rehabilitate four or fewer units may submit a sketch of the matters in sections 3.01 (a) and 3.01 (c), below, which need not have an architect's signature. All structures of five or more units must have site development plans signed by a registered architect. (b) a report on existing site conditions and a summary of conditions in the surrounding areas, showing the location and nature of existing buildings, existing street elevations, traffic patterns and character of open areas, if any, in the neighborhood. This submission may c �iined with the information required in 3.01(a) above; (c) preliminary, scaled, architectural drawings. For eachb6ilding the drawings shall be signed by a registered architect, and shall includ/finish; ans, typical elevations, and sections, and shall identify construction type and exterior(d) a tabulation of proposed buildings bmber of bedrooms, floor area) and ground coverage, and a summary showing the psite to be occupied by buildings, by parking, by paved vehicular areas (access roads, and by open areas; (e) where a subdivision of land is in (f) a preliminary utilities plan and water facilities, including hydrant ved, a preliminary subdivision plan; the proposed location and types of sewage, drainage (g) documents showing that�e applicant fulfills the jurisdictional requirements of 760 CMR 31.01, that is, (i) the applicant sh/ll be a public agency, a non-profit organization, or a limited dividend organization, (ii)the project sl�`all be fundable b a subsidizing agency under a low and moderate P J Y g income housing subsidy program, and, a �t shall control the site (iii) the Pp lic ! (h) a list of requested �egulations; xceptions to local requirements and regulations, including local codes, ordinances, by-laws or (i) all plans shall be oA sheets 24 inches by 36 inches (24" x 36") in size, at a scale of one inch equals forty feet (1" = 40 i). Detailed areas maybe atone inch equals twenty feet (1" = 20'); 0) applications shall blmade on forms provided by or obtained from the Zoning Board of Appeals office; North Andover Comprehensive Permit Rules & Regulations 2001, rev. 2006 Page 2 of 2 Page 1 of 2 Glennon, Michel From: Robert W. Lavoie [rlavoie@devinemillimet.com] Sent: Friday, July 06, 2007 6:07 PM To: attymanzi@manzilaw.net Cc: Bellavance, Curt; tju@uf-law.com; richard.nardella@smith-nephew.com; Daley, Lincoln; Rees, Mark Subject: Memo on Edgewood Conditional Language for Combining the New and Original Parcels Attorney Manzi: Attached please find a July 6.2007 Memorandum from me on this issue entitled "Edgewood Retirement: Possible Condition Language for Combining the New and Original Parcels". We have prepared and are submitting this Memorandum to you only for purposes of trying to be helpful in connection with the upcoming meeting next week which you have scheduled to be held among yourself, Town Counsel Urbelis, and Town Planner Daley at 3:00 p.m. on Tuesday, July 10, 2007. At the present time, we have not been asked to attend this meeting, nor would we want to intrude. If for any reason you come to feel that it would be helpful if I attended, please know that I am ready, willing and able to attend that or any other meeting which may be convened in connection with Edgewood Retirement's pending applications before the ZBA, Planning Board and Conservation Commission. Thank you for the time and effort you had already given to this Application, and we look forward to presenting this project to the ZBA on Tuesday evening, July 10, 2007. Thanks, Bob Robert W. Lavoie Devine, Millimet & Branch 978 475-9100 (voice) 978 470-0618 (fax) estT6KNE"Y'S. AT LAW 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. 7/10/2007 Interoffice Memorandum July 6, 2007 Page 2 would require relief from the 100' setback. However, due to the intent and plan of Edgewood to combine all 82 acres of land into one lot as and when Planning Board approval is achieved, no variance request is being submitted to the ZBA. No variances for future units involving only the interior lot line has been requested simply due to the fact that the 100' Perimeter Setback will not apply when the lot is one 82 acre contiguous parcel of land with a permanent Perimeter from which to measure the 100' Setback when it becomes time to apply for Building Permits. 5. Therefore, we offer the following language which could be included by the ZBA in any favorable Decision: 0 The Applicant, within thirty (30) days after the Applicant's Planning Board 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. In the event the Applicant fails, (a) to obtain approval by the Planning Board of an ANR Plan combining 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, and (b) actually to combine the same by recording said ANR Plan and appropriate Deeds with the Registry of Deeds, then the Applicant must submit a new variance request if Applicant should wish to build all (6) of the Units in Area G identified as G2, G3, G4, G5, G6, and G7 and all (4) of the Units in Area H identified as H2, H7, H8 and H9 on the Revised Plans dated June 18, 2007. • No construction activities authorized by this Decision 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. • This Decision grants only the Variances to the 100' Perimeter Setback for the Northern faces of Units G1, G3, G4 and G7 as shown on the Revised Plan dated June 18, 2007. 1�"jo 5"1 cc: Attorney Thomas Urbelis, Town Counsel Lincoln Daley, Town Planner { 143271648241A0137846.1) DIVII'MILLIME T ANDOVER OFFICE To: Albert P. FROM: Robert DATE: SUBJECT: MEMORANDUM Manzi III, North Andover ZBA Chairman W. Lavoier July 6, 2007 Edgewood Retirement: Possible Condition Language for Combining the New and Original Parcels 1. In connection with the Variance Application submitted on April 12, 2007 by Edgewood Retirement Community, Inc. ("Edgewood") we offer the following information as a clarification for the proposed units to be located within the 100' setback of an "interior" lot line. The "interior" lot line is defined as a property line between two parcels of land belonging to the same Owner, Edgewood Retirement Community. The "Original Land" is the 63 Acres purchased by Edgewood in 1995; the "Additional Land" is 19.3 Acres purchased in 2004 by Edgewood in the name of Edgewood Retirement Properties LLC. 2. Drawings #1, #2, and #3 are attached to clearly identify both the exterior and interior lot lines for which the Owner is requesting to develop with Independent Dwelling Units. As indicated on the attached, all units in Area H are in compliance with the 100' setbacks from exterior lot lines. 3. For Area G the situation with the "exterior" lot line to the North in the vicinity of the Family Cooperative Pre -School involves (4) units, namely G1, G3, G4 and G7, which require relief from the 100' setback (see Drawing # 1). It should be noted that the northerly (front) portions of these (4) units are included in Edgewood's Variance Application submitted on April 12, 2007. On or about rune 20, 2007, Edgewood submitted a set of revised drawings dated June 18, 2007 and supporting documents for the proposed expansion to Edgewood Retirement Communities, which revised drawings and supporting documents were submitted simultaneously to the ZBA, the Planning Board, and Conservation Commission so that all three Boards would have 100% of all of the drawings and information submitted to all of the other Boards. A legend was added to the Revised Site Layout Plans in the lower left hand corner of each sheet to identify exactly what relief is being requested from each of the respective Boards. 4. For the situation with the "interior" lot lines (See Drawing #2 and #3 attached) there are (6) units in Area G (G2, G3, G4, G5, G6, G7) and (4) units in Area H (H2, H7, H8, 119) which { 14327\648241P.0137846.1 }