HomeMy WebLinkAboutMiscellaneous - 498 CHICKERING ROAD � pORTy
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Town of North Andover
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Community Development and Services Division, ~
Osgood Landing JUS SEP 12 K$ : k
1600 Osgood Street
Building#20,Suite,2-36 1 t
North Andover,Massachusetts 01 # t
P(978)688-9535 �
F(978)688-9542
Anne Todd,DMD,MMSc Please time stamp both copies and
27 Mulberry Lane return one copy to Mary Ippolito.
West Boxford,MA 01921 Thank you.
September 11,2008
Dear Ms.Todd,
According to the North Andover Zoning Bylaw Section 8.3.2.c.i,Waiver of Site Plan Review,your
request for a Change of Use at 478 Chickering Road, will not require an application for Site Plan
Review. The waiver request is granted based on the following information:
• The property will be converted from its current use as a restaurant to a dentist office,a use which
is permitted in the General Business District, according to the Town of North Andover Zoning
Bylaw section 4.131(1).
• The only exterior changes that will be made to the building will be the relocation of the double
door that faces the parking lot. That door will be relocated from the right side of the building to
the left side, closer to the accessible parking spot,making the entrance more convenient for
individuals with disabilities.
• There will be no changes to the parking and landscaping areas. The number of parking spaces
will remain the same.
• A new sign will replace the existing sign in the parking lot as well the sign on the roof. You will
need to contact the Building Inspector for a sign permit.
If there are any questions,please let me know.
Regards,
Ju Tymon,AICP
Town Planner
it
cc: Jerry Brown, Inspector of Buildings
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALT&688-9540 PLANNING 688-9535
NORTH
Town of North Andover
Office of the Planning Departm� +FEB 2: 44
Community Development and Services Division
�,Ssgc�US� 1600 Osgood Street ;; �, l F>'
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North Andover, Massachusetts 01845 ' 1
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 11,2008
Date of Hearing(s): December 4, 2007,January
15,2008, February 6,2008
Date of Decision: February 6,2008
Petition of. Park Street Redevelopment,LLC
231 Sutton Street
North Andover,MA
Premises Affected: 498 Chickering Road, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 71,Parcel 26.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9
So as to allow: to raze the existing structures associated with the former gas and automotive service station
and construct a 5,042 s.f retail building, drive-through facility, 29 parking spaces, extensive grading and
landscaping,and lighting plan.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
SITE PLAN REVIEW SPECIAL PERMIT based upon the following conditions:
e9�
oB�td
I
North Ad
Richard Nardella, Chairman
John Simons,Vice Chairman
Richard Rowen
Jennifer Kusek
Tim Seibert, Alternate
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
On February 6, 2008 upon a motion made Richard Rowen and seconded by John Simons, the Planning
Board herein APPROVED the Site Plan Review Special Permit to raze the existing structures associated
with the former gas and automotive service station and construct a 5,042 s.f. retail building, with drive-
through facility, 29 parking spaces, extensive grading and landscaping, lighting plans, and other
improvements shown on the "Plans" as defined below. The project lies in the General Business Zoning
District and is located on real property shown on the North Andover Assessors Map 71, Parcel 26 and
consists of approximately 31,425 s.f. with frontage on Chickering Road, Franklin Street, and Park Street.
The Special Permit was requested by the Applicant, Park Street Redevelopment, LLC, 231 Sutton Street,
North Andover, MA 01845. This application was filed with the Planning Board on November 2, 2007.
The Applicant submitted a complete application which was noticed and reviewed in accordance with
Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The
Applicant has filed with the Planning Board all plans and reports required under the North Andover
Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the
North Andover Zoning Bylaws.
During the review process,the Applicant and its professional consultants also submitted various revisions
to the plans along with various supplemental memoranda and correspondence in response to requests by
the Planning Board,the Board's peer review consultants,and by the various departments within the Town
of North Andover that reviewed the project. All of these plans,reports and correspondence are contained
in the Planning Board's files and are hereby incorporated by reference into the public record for this
hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3, as well as Section 9 of M.G.L. c.40A:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the General Business Zone
and involves the construction of permitted uses within this zone. Specifically the General Business
District permits both"retail stores"and"restaurants, dining room or lunch room". Presently,the site
contains approximately 31,425 s.f. of underutilized land area.The project provides goods and services
to compliment the surrounding uses,expands the economic base within the town,and improves the
character and integrity of the established commercial district and residential neighborhoods.
2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. The landscaping and lighting plans approved as part of this plan meet the requirements of
Section 8.4 as amended by the Planning Board,of the North Andover Zoning Bylaw. The lighting
plan consists of a combination of shielded downcast lighting and ornamental lighting that has been
arranged to provide adequate safety for the business and shall not impact abutting properties on
Chickering Road, Park Street,and Franklin Street. The landscaping has been placed so as to enhance
the appearance along the frontage of Chickering Road, Park Street, Franklin Street,and residential
abutting properties,and provide sufficient site distance to access and exit the site. All plantings and
screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of
the project.
3) The proposed parking lot design,drive-through facility, and access/egress drives generally provide
for adequate internal and external traffic flow, safety, and pedestrian connections throughout the
project. However, additional regulatory oversight may be required. During the first year of operation
of the retail facility, the Planning Board shall review the project to determine if any improvements/
2
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
modifications should be implemented in order to mitigate off-site traffic impacts,on-site circulation
issues, and safety related concerns involving this project.
4) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw. The Planning Board has determined that the site plan meets the spirit and
intent of Section 8.4 of the North Andover Zoning Bylaw.
5) The site drainage system and storm water management design are designed in accordance with the
Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside
consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB).
6) The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review,
including all filing requirements as stated in Sections 8.3 and 10.31 of the Zoning Bylaw.
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and
the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will
utilize existing municipal water, sewer,and utilities on the property to adequately address the needs
of the project. The architectural style of the retail building has been designed in a manner to blend
with the architectural styles of surroundings commercial and retails buildings and will complement
the surrounding residential neighborhood. The storefronts contain numerous pedestrian scaled
elements that provide for improved visual and physical access to the goods and services within the
building. The project also contains a tasteful lighting plan throughout the site to enhance the
pedestrian feel of the project while maintaining sufficient lighting.
8) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3 and 10.3 1,but requires conditions in order to be
fully in compliance. The Planning Board hereby unanimously votes to both grant the requested
waivers as described in the Applicant's application, and also unanimously votes to grant approval of
the Applicant's proposed project as described in the"Plans"and other supporting information
described in the public record, provided the following conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
a) The"Locus"refers to the 31,425 s.f. (.721 acre) parcel with 251.12 linear feet of frontage on
Chickering Road, 96.99 linear feet of frontage on Park Street,and 158.42 linear feet on Franklin
Street as shown on the North Andover Assessors Map 71, Parcel 26.
b) The"Plans"refer to the plans prepared by Merrimack Engineering Services, 66 Park Street,
Andover, MA, 0 18 10, dated November 2,2007, Revised 12/20/07 and 2/4/08 entitled"Site
Permit Plan, Proposed Retail Facility, Plan of Land in North Andover, Massachusetts",consisting
Sheets 1 through 5 and landscaping plans prepared by Huntress Associates, Inc., 17 Tewksbury
Street, Andover, MA 01810,dated November 2, 2007,Revised 12/28/07 entitled "Site Permit
Plan, Proposed Retail Facility, Plan of Land in No. Andover, Massachusetts", consisting of
Sheets L-1 and L-2.
c) The"Project"or"498 Chickering Road refers to the razing of the existing structures associated
with the former gas and automotive service station and the construction a 5,042 s.f. retail
3
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
building, drive-through facility, 29 parking spaces, extensive grading and landscaping, lighting
plan, and other improvements as shown on the Plans.
d) The "Applicant"refers to Park Street Redevelopment, LLC,the applicant for the Special Permit.
e) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time, which can include but is not limited to the Applicant, developer, and owner.
2) Environmental Monitor: If applicable and or required by the Town Planner, the developer shall
designate an independent Environmental Monitor who shall be chosen in consultation with the
Planning and Community Development Staff. The Environmental Monitor must be available upon
four(4)hours notice to inspect the site with the Planning Board designated official. The
Environmental Monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products if applicable.
3) Construction Monitor: The Applicant shall designate an independent construction monitor who
shall be chosen in consultation with the Planning Department. The construction monitor must be
available upon four(4)hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail areas of non-
compliance and actions taken to resolve such issues. The designated monitor may not be applicant
and/or developer. The monthly inspections and monthly reports provided to the Planning Department
shall include the following:
a) Site clearing;
b) Erosion control;
c) Drainage and detention structures;
d) On-site water and sewer utilities;
e) Parking spaces and related pavement;
f) Curb cuts;
g) Retaining walls;
h) Site screening, landscaping and street trees;
i) Site restoration;
j) Final site cleanup;
k) Dumpsters shown on the Plans shall be screened at all times; and
1) Temporary storage of construction debris,dirt, and equipment.
4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD,THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a) The final plans must be reviewed and approved by the DPW and the Planning Department and be
endorsed by the Planning Board. The final Plans shall be modified to include a Planning Board
endorsement block and must be submitted for review within ninety (90) days of filing the
decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within
the 90-day period will automatically cause the approval to become null and void.
b) The final site drainage system must be designed in accordance with the Town Bylaw
requirements and reviewed by the Division of Public Works. All storm water drainage control
facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations
which support the design of the control facilities shown on the plan shall be submitted to the
4
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
Department of Public Works for review and approval. Written confirmation of said review and
approval by the Department of Public Works must be submitted to the Planning Department.
c) A bond in the amount of fifteen thousand($15,000.00)dollars must be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site utilities, structures, curb cuts,
parking spaces,topography, and drainage facilities is submitted. The bond is also in place to
insure that the site is constructed in accordance with the approved plan. The form of security
must be acceptable to the Planning Board. Upon completion of condition 4(c),the total bond
amount can be applied to satisfy the conditions stated in 4(d)below.
d) A site opening/erosion control bond shall be posted in the total amount of five thousand
($5,000.00)dollars for the purpose of covering any contingencies that might affect the public
welfare such as site-opening, erosion control,and performance of any other condition contained
herein. The form of security must be acceptable to the Planning Board.
e) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
5) PRIOR TO THE START OF CONSTRUCTION:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
b) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
d) A pre-construction meeting must be held with the developer, their construction employees,
Planning Department, Building Department, Town Engineer, and Police Department to discuss
scheduling of inspections, the construction schedule,and the process/method of informing the
public of the anticipated activities on the site. The applicant will also discuss the traffic
mitigation and any possible road closures, which may occur as a result of the construction. The
applicant will coordinate with the North Andover Police Department if the construction of the
project necessitates Police traffic details. Minutes of the meeting must be submitted to the
Planning Board prior to the start of construction.
e) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land-Use Boards or departments. In addition to receipt of
these plans, the Applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Condition 25.
6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
5
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
a) Three(3)copies of the signed, recorded pians must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The project owner shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
7) DURING CONSTRUCTION:
a) During construction,the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation, dewatering and roadway cleaning must be performed weekly,or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
b) The plans for the stockpiling of materials(dirt,wood,construction material,etc.)must be shown
on a plan and reviewed and approved by the Town Planner. The developer will make every effort
to locate stockpiles on the site and away from residential properties. Any approved piles must
remain covered at all times to minimize potential dust and the project owner will be required to
install appropriate erosion control measures.
c) In an effort to reduce noise levels,the developer shall keep in optimum working order,through
regular maintenance,any and all equipment that will emanate sounds from the structures or site.
d) The Town Planner will perform monthly inspections of the site during construction to ensure that
the developer is adhering to the conditions set forth in the decision.
8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF-OCCUPANCY:
a) The Applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping, lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property
owner may provide a bond,determined by the Planning Board,to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall
have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets.
The Planning Staff shall review the site lighting plan. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made at the owner's expense.The
Applicant must submit a letter from the architect and engineer of the project stating that the building,
signs, landscaping, lighting and site layout substantially comply with the Plans referenced at the end
of this decision as endorsed by the Planning Board. All site lighting shall provide security for the
site and structures, however, it must not create any glare or project any light onto adjacent
residential properties.
6
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
c) The commercial fire sprinkler systems must be installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Building
Code. Certification that the systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover Fire Department and the
North Andover Building Department to the applicant. The Applicant must then provide this
certification to the North Andover Planning Department.
d) Any and al I signage plans for the site,which have been provided to the Planning Board during the
site plan review process,were presented for the purpose of demonstrating signage materials only.
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw,as amended, and must be approved by the Building
Department. In no way is the Project Owner to construe that the Planning Board has reviewed
and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building
Department. All additional permits must be obtained by the Project Owner prior to construction.
e) Certification provided by the applicant that all environmental measures and remediation efforts
have been completed in compliance with State and local regulations.
9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
b) A final as-built plan showing final topography,the location of all on-site utilities, structures, curb
cuts, parking spaces,and drainage structures and facilities must be submitted to the Planning
Department. The Applicant must submit a letter from the architect and engineer of the project stating
said items substantially comply with the plans referenced at the end of this decision as endorsed by
the Planning Board.
10) All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
1 l) Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced immediately by the owner(if seasonally feasible). All plantings
and screening depicted on the approved plans shall remain in perpetuity over the life of the project.
Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage
must be maintained throughout the duration of the project.
l 2) The applicant shall install appropriate signage designating the southerly site driveway is exclusively
egress. Said directional signage shall be constructed in accordance with Section 6, Signage and
Outdoor Lighting Regulations and approved by the Building Department as part of the signage plan
for the site.
13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
14) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
7
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
15)No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
16) The use of permanent or temporary trailers for storage of goods and products associated with the
operations of any business within the project area is strictly prohibited.
17) No underground fuel storage shall be installed except as may be allowed by Town Regulations.
18) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
19) Given the limitation of the site, all snow shall be trucked off site whenever snow exceeds onsite
storage capacity.
20) Truck deliveries for goods and merchandise shall occur only between the hours of 10:00 a.m.to 6
p.m., seven days a week.
21) Trash pickup from the dumpster shall be limited to between the hours of 10:00 a.m.to 6 p.m., seven
days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,
removal and pickup operations are being conducted.
22) The Planning Board requires that the project be built in accordance with the herein referenced plans
and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings and in strict accordance with all conditions contained herein.
Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of
the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be
substantial as defined in Section 8.3.8,the applicant must submit revised plans to the Planning Board
for approval.
23) This Special Permit approval shall be deemed to have lapsed after February 6, 2010 (two years from
the date permit granted)unless substantial use or construction has commenced. Substantial use or
construction will be determined by a majority vote of the Planning Board.
24) The following waivers were granted in determining this decision:
a) Zoning Bylaw, Section 8.3.5.e.xx—Submission of a Commonwealth Review.
b) Zoning Bylaw, Section 8.3.5.e.xxii—Submission of a Fiscal Impact Study.
c) Zoning Bylaw, Section 8.3.5.e.xxiii—Submission of a Community Impact Study.
25) The following information shall be deemed part of the decision:
a) Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover, Massachusetts
Prepared For: Park Street Redevelopment, LLC
231 Sutton Street, Suite 1 B
North Andover,MA 01845
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 0 18 10
8
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
Scale: 1"=20'
Plan Date: November 2, 2007, Revised 12/20/07, 2/4/08
Sheets: 1 through 5,A2.1, SL-I
b) Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover, Massachusetts
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street, Suite IB
North Andover, MA 01845
Prepared by: Huntress Associates, Inc.
17 Tewkesbury Street
Andover, MA 01810
Scale: 1"=20'
Plan Date: November 2,2007, Revised 12/28/07
Sheets: Ll and L2
c) Report titled: Traffic Impact Study
Prepared for: Park Street Redevelopment, LLC
231 Sutton Street—Suite 1 B
North Andover, MA
Prepared by: Dermot J.Kelly, PE,PTOE
DJK Associates,Inc.
280 Main Street
North Reading,MA 01864
Date: December 10,2007,Revised 2/4/08
Pages: 1-3
d) Report titled: Project Drainage Report
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street, Suite 1 B
North Andover, MA 01845
Prepared by: Merrimack Engineering Servcies
66 Park Street
Andover, MA 0 18 10
Date: November 2, 2007, Revised 12/20/07
e) Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover, Massachusetts
Drainage Area. Pre-Development
Prepared For: Park Street Redevelopment, LLC
231 Sutton Street, Suite 113
North Andover, MA 01845
Prepared by: Huntress Associates, Inc.
17 Tewkesbury Street
Andover, MA 0 18 10
Scale: 1 —20
Plan Date: November 2, 2007, Revised 12/20/07
Sheets: 1
9
498 Chickering Road
Map 71, Parcel 26
Site Plan Review Special Permit
February 6,2008
fJ Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover, Massachusetts
Drainage Area. Post-Development
ment
Prepared For: Park Street Redevelopment, LLC
231 Sutton Street,Suite 1 B
North Andover, MA 01845
Prepared by: Huntress Associates,Inc.
17 Tewkesbury Street
Andover, MA 0 18 10
Scale: 1"=20'
Plan Date: November 2, 2007, Revised 12/20/07
Sheets: 1
APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of
this Decision by bringing an action within twenty (20) days after the Decision has been filed
in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A.
cc: Applicant
Building Department
Conservation Department
Fire Department
Police Department
10
NoarH
Town of North Andover
6
3 4
° Office of the Planning Departm JW FEB 13 x'411 . 44
Community Development and Services Divis"
s s�s�y 1600 Osgood Street E ; r: x
ACHu North Andover, Massachusetts 01845 a"av R }
NOTICE OF DECISION
Any appeal shall be filed
within (20) days after the
date of filing this notice in
the office of the Town Clerk.
Date: February 11,2008
Date of Hearing(s): December 4,2007,January
15,2008,February 6,2008
Date of Decision: February 6,2008
Petition of: Park Street Redevelopment,LLC
231 Sutton Street
North Andover,MA
Premises Affected: 498 Chickering Road, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 71,Parcel 26.
Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover
Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A, Sec. 9
So as to allow: to raze the existing structures associated with the former gas and automotive service station
and construct a 5,042 s.f. retail building, drive-through facility, 29 parking spaces, extensive grading and
landscaping,and lighting plan.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
SITE PLAN REVIEW SPECIAL PERMIT based upon the following conditions:
North Andover anning Board
Richard Nardella,Chairman
John Simons,Vice Chairman
Richard Rowen
Jennifer Kusek
Tim Seibert,Alternate
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
On February 6, 2008 upon a motion made Richard Rowen and seconded by John Simons, the Planning
Board herein APPROVED the Site Plan Review Special Permit to raze the existing structures associated
with the former gas and automotive service station and construct a 5,042 s.f retail building, with drive-
through facility, 29 parking spaces, extensive grading and landscaping, lighting plans, and other
improvements shown on the "Plans"as defined below. The project lies in the General Business Zoning
District and is located on real property shown on the North Andover Assessors Map 71, Parcel 26 and
consists of approximately 31,425 s.f, with frontage on Chickering Road, Franklin Street, and Park Street.
The Special Permit was requested by the Applicant, Park Street Redevelopment, LLC, 231 Sutton Street,
North Andover, MA 01845. This application was filed with the Planning Board on November 2, 2007.
The Applicant submitted a complete application which was noticed and reviewed in accordance with
Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The
Applicant has filed with the Planning Board all plans and reports required under the North Andover
Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the
North Andover Zoning Bylaws.
During the review process,the Applicant and its professional consultants also submitted various revisions
to the plans along with various supplemental memoranda and correspondence in response to requests by
the Planning Board,the Board's peer review consultants,and by the various departments within the Town
of North Andover that reviewed the project. All of these plans,reports and correspondence are contained
in the Planning Board's files and are hereby incorporated by reference into the public record for this
hearing.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3,as well as Section 9 of M.G.L. c.40A:
FINDINGS OF FACT:
1) The specific site is an appropriate location for the project as it is located in the General Business Zone
and involves the construction of permitted uses within this zone. Specifically the General Business
District permits both"retail stores"and"restaurants, dining room or lunch room". Presently,the site
contains approximately 31,425 s.f.of underutilized land area.The project provides goods and services
to compliment the surrounding uses,expands the economic base within the town, and improves the
character and integrity of the established commercial district and residential neighborhoods.
2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. The landscaping and lighting plans approved as part of this plan meet the requirements of
Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The lighting
plan consists of a combination of shielded downcast lighting and ornamental lighting that has been
arranged to provide adequate safety for the business and shall not impact abutting properties on
Chickering Road,Park Street, and Franklin Street. The landscaping has been placed so as to enhance
the appearance along the frontage of Chickering Road,Park Street,Franklin Street, and residential
abutting properties, and provide sufficient site distance to access and exit the site. All plantings and
screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of
the project.
3) The proposed parking lot design,drive-through facility,and access/egress drives generally provide
for adequate internal and external traffic flow, safety, and pedestrian connections throughout the
project. However, additional regulatory oversight may be required. During the first year of operation
of the retail facility,the Planning Board shall review the project to determine if any improvements/
2
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
modifications should be implemented in order to mitigate off-site traffic impacts,on-site circulation
issues, and safety related concerns involving this project.
4) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North
Andover Zoning Bylaw. The Planning Board has determined that the site plan meets the spirit and
intent of Section 8.4 of the North Andover Zoning Bylaw.
5) The site drainage system and storm water management design are designed in accordance with the
Town Bylaw requirements and Best Management Practices,and has been reviewed by the outside
consulting engineer,Vanasse,Hangen Brustlin,Inc. (VHB).
6) The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review,
including all filing requirements as stated in Sections 8.3 and 10.31 of the Zoning Bylaw.
7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and
the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will
utilize existing municipal water, sewer,and utilities on the property to adequately address the needs
of the project. The architectural style of the retail building has been designed in a manner to blend
with the architectural styles of surroundings commercial and retails buildings and will complement
the surrounding residential neighborhood. The storefronts contain numerous pedestrian scaled
elements that provide for improved visual and physical access to the goods and services within the
building. The project also contains a tasteful lighting plan throughout the site to enhance the
pedestrian feel of the project while maintaining sufficient lighting.
8) Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.3 and 10.31,but requires conditions in order to be
fully in compliance. The Planning Board hereby unanimously votes to both grant the requested
waivers as described in the Applicant's application,and also unanimously votes to grant approval of
the Applicant's proposed project as described in the"Plans"and other supporting information
described in the public record,provided the following conditions are met:
SPECIAL CONDITIONS:
1) Permit Definitions:
a) The"Locus"refers to the 31,425 s.f. (.721 acre) parcel with 251.12 linear feet of frontage on
Chickering Road, 96.99 linear feet of frontage on Park Street, and 158.42 linear feet on Franklin
Street as shown on the North Andover Assessors Map 71,Parcel 26.
b) The"Plans"refer to the plans prepared by Merrimack Engineering Services,66 Park Street,
Andover,MA, 01810, dated November 2,2007,Revised 12/20/07 and 2/4/08 entitled"Site
Permit Plan,Proposed Retail Facility,Plan of Land in North Andover,Massachusetts' consisting
Sheets 1 through 5 and landscaping plans prepared by Huntress Associates,Inc., 17 Tewksbury
Street,Andover,MA 01810,dated November 2,2007,Revised 12/28/07 entitled"Site Permit
Plan, Proposed Retail Facility,Plan of Land in No.Andover,Massachusetts",consisting of
Sheets L-1 and L-2.
c) The"Project"or"498 Chickering Road"refers to the razing of the existing structures associated
with the former gas and automotive service station and the construction a 5,042 s.f.retail
3
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
building, drive-through facility, 29 parking spaces, extensive grading and landscaping, lighting
plan, and other improvements as shown on the Plans.
d) The "Applicant refers to Park Street Redevelopment,LLC,the applicant for the Special Permit.
e) The "Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the Applicant, developer,and owner.
2) Environmental Monitor: If applicable and or required by the Town Planner,the developer shall
designate an independent Environmental Monitor who shall be chosen in consultation with the
Planning and Community Development Staff. The Environmental Monitor must be available upon
four(4)hours notice to inspect the site with the Planning Board designated official. The
Environmental Monitor will be required to inspect all such devices and oversee cleaning and the
proper disposal of waste products if applicable.
3) Construction Monitor: The Applicant shall designate an independent construction monitor who
shall be chosen in consultation with the Planning Department. The construction monitor must be
available upon four(4)hours notice to inspect the site with the Planning Board designated official.
The construction monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail areas of non-
compliance and actions taken to resolve such issues. The designated monitor may not be applicant
and/or developer. The monthly inspections and monthly reports provided to the Planning Department
shall include the following:
a) Site clearing;
b) Erosion control;
c) Drainage and detention structures;
d) On-site water and sewer utilities;
e) Parking spaces and related pavement;
f) Curb cuts;
g) Retaining walls;
h) Site screening, landscaping and street trees;
i) Site restoration;
j) Final site cleanup;
k) Dumpsters shown on the Plans shall be screened at all times;and
1) Temporary storage of construction debris,dirt, and equipment.
4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD,THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a) The final plans must be reviewed and approved by the DPW and the Planning Department and be
endorsed by the Planning Board. The final Plans shall be modified to include a Planning Board
endorsement block and must be submitted for review within ninety (90) days of filing the
decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within
the 90-day period will automatically cause the approval to become null and void.
b) The final site drainage system must be designed in accordance with the Town Bylaw
requirements and reviewed by the Division of Public Works. All storm water drainage control
facilities utilized by the site shall be shown on the site plan. Storm water drainage calculations
which support the design of the control facilities shown on the plan shall be submitted to the
4
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
Department of Public Works for review and approval. Written confirmation of said review and
approval by the Department of Public Works must be submitted to the Planning Department.
c) A bond in the amount of fifteen thousand($15,000.00)dollars must be posted for the purpose of
insuring that a final as-built plan showing the location of all on-site utilities,structures, curb cuts,
parking spaces,topography,and drainage facilities is submitted. The bond is also in place to
insure that the site is constructed in accordance with the approved plan. The form of security
must be acceptable to the Planning Board. Upon completion of condition 4(c),the total bond
amount can be applied to satisfy the conditions stated in 4(d)below.
d) A site opening/erosion control bond shall be posted in the total amount of five thousand
($5,000.00)dollars for the purpose of covering any contingencies that might affect the public
welfare such as site-opening, erosion control, and performance of any other condition contained
herein. The form of security must be acceptable to the Planning Board.
e) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
5) PRIOR TO THE START OF CONSTRUCTION:
a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the
construction and informing the public of anticipated activities on the site.
b) All applicable erosion control measures must be in place and reviewed and approved by the
Planning Department.
c) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided, however, that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
d) A pre-construction meeting must be held with the developer, their construction employees,
Planning Department, Building Department, Town Engineer, and Police Department to discuss
scheduling of inspections, the construction schedule, and the process/method of informing the
public of the anticipated activities on the site. The applicant will also discuss the traffic
mitigation and any possible road closures, which may occur as a result of the construction. The
applicant will coordinate with the North Andover Police Department if the construction of the
project necessitates Police traffic details. Minutes of the meeting must be submitted to the
Planning Board prior to the start of construction.
e) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land-Use Boards or departments. In addition to receipt of
these plans, the Applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Condition 25.
6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
5
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
a) Three (3)copies of the signed,recorded plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The project owner shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
7) DURING CONSTRUCTION:
a) During construction,the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation, dewatering and roadway cleaning must be performed weekly,or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
b) The plans for the stockpiling of materials(dirt,wood,construction material, etc.)must be shown
on a plan and reviewed and approved by the Town Planner. The developer will make every effort
to locate stockpiles on the site and away from residential properties. Any approved piles must
remain covered at all times to minimize potential dust and the project owner will be required to
install appropriate erosion control measures.
c) In an effort to reduce noise levels,the developer shall keep in optimum working order,through
regular maintenance, any and all equipment that will emanate sounds from the structures or site.
d) The Town Planner will perform monthly inspections of the site during construction to ensure that
the developer is adhering to the conditions set forth in the decision.
8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) The Applicant must submit a letter from the architect and engineer of the project stating that the
building, landscaping,lighting and site layout substantially comply with the plans referenced at the
end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property
owner may provide a bond,determined by the Planning Board,to cover the full amount of the
landscaping materials and installation if weather conditions do not permit the completion of the
landscaping prior to the use of the parking area.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall
have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely
within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets.
The Planning Staff shall review the site lighting plan. Any changes to the approved lighting plan as
may be reasonably required by the Planning Staff shall be made at the owner's expense.The
Applicant must submit a letter from the architect and engineer of the project stating that the building,
signs, landscaping, lighting and site layout substantially comply with the Plans referenced at the end
of this decision as endorsed by the Planning Board.All site lighting shall provide security for the
site and structures,however, it must not create any glare or project any light onto adjacent
residential properties.
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498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
c) The commercial fire sprinkler systems must be installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Building
Code. Certification that the systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover Fire Department and the
North Andover Building Department to the applicant. The Applicant must then provide this
certification to the North Andover Planning Department.
d) Any and all signage plans for the site,which have been provided to the Planning Board during the
site plan review process,were presented for the purpose of demonstrating signage materials only.
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw,as amended,and must be approved by the Building
Department. In no way is the Project Owner to construe that the Planning Board has reviewed
and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building
Department. All additional permits must be obtained by the Project Owner prior to construction.
e) Certification provided by the applicant that all environmental measures and remediation efforts
have been completed in compliance with State and local regulations.
9) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
b) A final as-built plan showing final topography,the location of all on-site utilities, structures, curb
cuts,parking spaces, and drainage structures and facilities must be submitted to the Planning
Department.The Applicant must submit a letter from the architect and engineer of the project stating
said items substantially comply with the plans referenced at the end of this decision as endorsed by
the Planning Board.
10) All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday.
11) Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced immediately by the owner(if seasonally feasible). All plantings
and screening depicted on the approved plans shall remain in perpetuity over the life of the project.
Reasonable substitutions may be allowed as determined by the Town Planner,but size and coverage
must be maintained throughout the duration of the project.
12) The applicant shall install appropriate signage designating the southerly site driveway is exclusively
egress. Said directional signage shall be constructed in accordance with Section 6, Signage and
Outdoor Lighting Regulations and approved by the Building Department as part of the signage plan
for the site.
13) The contractor shall contact Di Safe at least 72 hours prior to commencing any excavation.
Dig
14) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
7
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
15)No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
16) The use of permanent or temporary trailers for storage of goods and products associated with the
operations of any business within the project area is strictly prohibited.
17)No underground fuel storage shall be installed except as may be allowed by Town Regulations.
18) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
19) Given the limitation of the site, all snow shall be trucked off site whenever snow exceeds onsite
storage capacity.
20) Truck deliveries for goods and merchandise shall occur only between the hours of 10:00 a.m. to 6
p.m., seven days a week.
21) Trash pickup from the dumpster shall be limited to between the hours of 10:00 a.m.to 6 p.m., seven
days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,
removal and pickup operations are being conducted.
22) The Planning Board requires that the project be built in accordance with the herein referenced plans
and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings and in strict accordance with all conditions contained herein.
Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 of
the Zoning Bylaw.If the Town Planner in his/her sole discretion deems these revisions to be
substantial as defined in Section 8.3.8,the applicant must submit revised plans to the Planning Board
for approval.
23) This Special Permit approval shall be deemed to have lapsed after February 6,2010 (two years from
the date permit granted)unless substantial use or construction has commenced. Substantial use or
construction will be determined by a majority vote of the Planning Board.
24) The following waivers were granted in determining this decision:
a) Zoning Bylaw, Section 8.3.5.e.xx—Submission of a Commonwealth Review.
b) Zoning Bylaw, Section 8.3.5.e.xxii—Submission of a Fiscal Impact Study.
c) Zoning Bylaw, Section 8.3.5.e.xxiii—Submission of a Community Impact Study.
25) The following information shall be deemed part of the decision:
a)Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover,Massachusetts
Prepared For: Park Street Redevelopment, LLC
231 Sutton Street, Suite 1B
North Andover,MA 01845
Prepared by: Merrimack Engineering Services
66 Park Street
Andover,MA 01810
8
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
Scale: 1"=20'
Plan Date: November 2,2007,Revised 12/20/07,2/4/08
Sheets: 1 through 5,A2.1, SL-1
b)Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover,Massachusetts
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street, Suite 1B
North Andover,MA 01845
Prepared by: Huntress Associates,Inc.
17 Tewkesbury Street
Andover,MA 01810
Scale: 1"=20'
Plan Date: November 2,2007,Revised 12/28/07
Sheets: L1 and L2
c)Report titled: Traffic Impact Study
Prepared for: Park Street Redevelopment,LLC
231 Sutton Street—Suite 1B
North Andover,MA
Prepared by: Dermot J.Kelly,PE,PTOE
DJK Associates,Inc.
280 Main Street
North Reading,MA 01864
Date: December 10,2007,Revised 2/4/08
Pages: 1-3
d) Report titled: Project Drainage Report
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street, Suite 1B
North Andover,MA 01845
Prepared by: Merrimack Engineering Servcies
66 Park Street
Andover,MA 01810
Date: November 2,2007,Revised 12/20/07
e) Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover,Massachusetts
Drainage Area. Pre-Development
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street, Suite 1B
North Andover, MA 01845
Prepared by: Huntress Associates,Inc.
17 Tewkesbury Street
Andover,MA 01810
Scale: 1"=20'
Plan Date: November 2,2007,Revised 12/20/07
Sheets: 1
9
498 Chickering Road
Map 71,Parcel 26
Site Plan Review Special Permit
February 6,2008
f) Plans titled: Site Permit Plan
Proposed Retail Facility
Plan of Land in North Andover,Massachusetts
Drainage Area. Post-Development
Prepared For: Park Street Redevelopment,LLC
231 Sutton Street,Suite 1B
North Andover, MA 41845
Prepared by: Huntress Associates,Inc.
17 Tewkesbury Street
Andover,MA 01810
Scale: 1"=20'
Plan Date: November 2,2007,Revised 12/20/07
Sheets: 1
APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of
this Decision by bringing an action within twenty(20) days after the Decision has been filed
in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A.
cc: Applicant
Building Department
Conservation Department
Fire Department
Police Department
10
Park Street Redevelopment, LLC
231 Sutton Street, Suite 1-B _-_ ,r
En
North Andover, MA 01845 1'sR ,- i �
978.327.6540 phone � , _� t'�
978.682.6473 fax
II: 52
November 2, 2007
Mr. Richard Nardella, Chair '
North Andover Planning Board
Department of Planning& Community Services
27 Charles Street
North Andover, MA 01845
Re: 498 Chickering Road— Site Plan Review Application
Dear Mr. Nardella:
On behalf of Park Street Redevelopment LLC, I am pleased to provide the following applications
regarding the proposed retail development at 498 Chickering Road, North Andover.
1. Site Plan Review Application -NAZB Section 8.3 & 10.3
As you are aware, this application is submitted pursuant to Section 8.3 and Section 10.3 of the
North Andover Zoning Bylaw. We have prepared one set of plans entitled: Site Permit Plan -
Proposed Retail Facility Plan of Land in North Andover, Massachusetts. For Developer: Park
Street redevelopment LLC - 231 Sutton Street, Suite 1B North Andover, MA 01845. 1 am
confident that you will find these plans to satisfy both the Site Plan review and Special Permit
requirements.
The proposed project consists of the redevelopment of an existing commercial site containing
approximately 31,425 sf in the General Business Zoning District. The property is afforded 124.05
linear feet of frontage on Park Street, 251.12 linear feet of frontage on Chickering Road and
158.42 linear feet of frontage on Franklin Street. The site contains an existing building of
approximately 2400 sf previously used as a gas station and automobile service station. Chickering
Road (Route 125)is a state highway under the control of the Massachusetts Highway
Department.
The proposed redevelopment consists of removing the existing structures and building a new
retail building of approximately 5042 sf with 29 parking spaces. The proposed site plan complies
with the dimensional criteria of the North Andover Zoning Bylaw, and the retail uses proposed
are allowed by right in the General Business Zoning District. For additional information please
refer to the project plans, drawings and details provided under separate cover.
Mr.Richard Nardella
Park Street Redevelopment LLC
November 2.2007
Page 2 of 2
The project team, which helped in the preparation of these documents, consists of the following
professionals:
Merrimack Engineering Services Registered Professional Engineers& Surveyors
Landry Architects, Inc. Registered Architects
Huntress Associates,Inc. Registered Landscape Architects
We are prepared to have these professionals in attendance at the required public hearings to
respond to any and all concerns raised by the board. 71
We are confident that the plans and supporting information we have submitted are in keeping with
the general intent of the North Andover Zoning Bylaw, and are in the best interest of the
neighborhood and the Town of North Andover. Because of the nature of the project we
respectfully request a waiver to provide Community Impact and Fiscal impact Statements as
required under section 8.3(5) of the NAZB. As noted above, this project represents the
redevelopment of an automobile service station for retail uses allowed by right in the GB zoning
district. It is our opinion that the site plan and landscape improvements will provide a benefit to
the neighborhood and that the redevelopment will create an obvious fiscal benefit to the Town.
For the reasons outlined above,we respectfully request that the Planning Board issue a Site Plan
Review/ Special Permit Approval for the proposed project. We appreciate your time and
consideration with regard to this matter and we look forward to working with you throughout the
approval process.
Please feel free to contact my office with any further questions or concerns.
Sincerely,
Park Street Redevelopment LLC
&'�' �t'7r
Brian Darcy, Manager
Page 1 of 3 Site Plan Special Permit Application
Town of North Andover Planning Boar
Application for Site Plan Special Permi Q' `
Please type or print clearly. ) "
1. Petitioner: Park Street Redevelopment LLC
Petitioner's Address: 231 Sutton Street-North Andover MA 01845
Telephone number: 978.327.6540 phone 978.682.6473 fax
2. Owners of the Land:, Chestnut Redd Development LLC
Address: 498 Chickering Road,North Andover
Number of years of ownership: 1 Year
3. Description of Proposed Project:
The proposed redevelopment consists of removing the existing structures and building a new retail
building of approximately 5042 sf with 29 parking spaces.The proposed site plan complies with
the dimensional criteria of the North Andover Zoning Bylaw,and the retail uses proposed are
allowed by right in the General Business Zoning District. For additional information please refer
to the project plans,drawings and details provided under separate cover.
4. Description of Premises:
The proposed project consists of the redevelopment of an existing commercial site containing
approximately 31,425 sf in the General Business Zoning District.The property is afforded 124.05
linear feet of frontage on Park Street,251.12 linear feet of frontage on Chickering Road and
158.42 linear feet of frontage on Franklin Street.The site contains an existing building of
approximately 2400 sf previously used as a gas station and automobile service station.Chickering
Road(Route 125)is a state highway under the control of the Massachusetts Highway Department.
5. Address of Property Being Affected: 498 Chickering Road,North Andover,MA 01845
Zoning District: General Business(GB)
Assessors: Map: 71 Lot# 26
Registry of Deeds: Book# 7478 Page# 199
6. Existing Lot:
Lot Area(Sq.Ft) 31,425 sf Building Height: Less than 45'
Street Frontage: 251.12' (Chickering) Side Setbacks: 54.75'
Front Setback: 79.82' Rear Setback: 1'+/-
Floor Area Ratio: N/A Lot Coverage: N/A
7. Proposed Lot(if applicable):
Lot Area(Sq.Ft) 31,425 sf Building Height: Less than 45'
Street Frontage: 251.12'/124.05/158.42 Side Setbacks: 27.38'/51.72'
Front Setback: 54.00'/25.99/31.88 Rear Setback: N/A
Floor Area Ratio: N/A Lot Coverage: N/A
8. Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft) 25,000 sf(min.) Building Height: 45'Max.
Street Frontage: 125'min. Side Setbacks: 25'Min.*
Front Setback: 25'min. Rear Setback: 35'Min.*
Floor Area Ratio: N/A Lot Coverage: N/A
Page 2 of 3 Site Plan Special Permit Application
* Adjacent to a residential district and additional 15'side or rear setback shall be required.
9. Existing Building(if applicable):
Ground Floor(Sq.Ft.) 2400 sf #of Floors Single story
Total Sq.Ft. 2400 sf Height: 20'+/-
Use:Automobile Service Station Type of Construction:Brick/Concrete Block
10. Proposed Building:
Ground Floor(Sq,Ft.) 5042 sf #of Floors 1 story
Total Sq.Ft. 5042 sf Height: 35'+/-
Use: Retail and Professional Services Type of Construction:Wood frame
11. Has there been a previous application for a Special Permit from the Planning Board on these
premises?No If so,when and for what type of construction?
12. Section of Zoning Bylaw that Special Permit Is Being Requested:
NAZB Section 8.3(Site Plan Review)
NAZB Section 10.3 (Special Permit)
13. Petitioner and Landowner signature(s):Every application for a Special Permit shall be made on
this form,which is the official form of the Planning Board. Every application shall be filed with
the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town
Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner
shall be responsible for all expenses for filing and legal notification. Failure to comply with
application requirements, as cited herein and in the Planning Board Rules and Regulations may
result in a dismissal by the Planning Board.of this application as incomplete.
Petitioner's Signature
Print or type name here: Brian Darcy,Manager—Park Street Redevelopment,LLC.
Owner's Signature:
Print or type name here: Brian Darcy,Manag _ Chestnut Realty Development,LLC.
14. Please list title of plans and documents you will be attaching to this application.
Plans: Site Plan-Proposed Retail Facility
Park Street Redevelopment,LLC
North Andover,Massachusetts 01845
Dated: November 2,2007
Prepared by: Merrimack Engineering Services,Inc.
66 Park Street
Andover,MA 01810
Sheets: 1 through 5
Plans: Landscape Plan&Details
Park Street Redevelopment,LLC
North Andover,Massachusetts 01845
Dated: November 2,2007
Prepared by: Huntress Associates,Inc.
17 Tewksbury Street
Andover,MA 01810
Sheets: L1 &L2
Page 3 of 3 Site Plan Special Permit Application
Plans: Architectural Floor Plans and Elevations
Park Street Redevelopment,LLC
North Andover,Massachusetts 01845
Dated: November 2,2007
Prepared by: Richard Landry Architects
389MainStreet
Salem,N-I 03079
Sheets: ALL &A2.1
Reports,Attachments and filing fees
• Drainage Report-Prepared by Merrimack Engineering Services,Inc.
• Site Plan Review Permit Filing Fee: $ 750.00`
• Project Review Fees: $ 2,000.00
• Attachments
i. Abutters List,Mailing Labels &Postage
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REQUIREMENT. MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subject Property:
MAP PARCEL Name Address
71 26 Chestnut Realty Development,LLC 231 Sutton Street,Suite 1B,North Andover,MA.01845
`ters Properties
Map Parcel Name Address
71 33 Chickering Properties,LLC 231 Sutton Street,Suite 1A,North Andover,MA 01845
71 41 Veterans of Foreign Wars,Post#2104 32 Park Street,North Andover,MA 01845
71 28 Kevin Fennessy 47 Park Street,North Andover,MA 01845
71 43 Warren Kelley �, 41 Park Street,North Andover,MA 01845
71 38 David Minicucci 483 Chickering Road,North Andover,MA 01845
71 30&44 Tita Minicucci 522 Main Street,North Andover,MA 01845
71 25&27 S&N Realty,LLC 29 Broadway,Salem,NH 03079
71 24 Barry Brodette 26 Allen Street,North Andover,MA 01845
71 1 Robert Levy 532 Chickering Road,North Andover,MA 01845
71 2 FMD6 Nominee Realty Trust 6 Allen Street,North Andover,MA 01845
71 3 George Schruender 73 Chickering Road,North Andover,MA 01845
71 15 John Lu 40 Sunset Rock,Andover,MA 01810
71 5 Anthony Kurycki 65 Russell Street,North Andover,MA 01845
71 8 Timothy Last 4 Allen Street,North Andover,MA 01845
71 12 Allison Chapman 39 Franklin Street,North Andover,MA 01845
57 22&13 Town of North Andover 120 Main Street,North Andover,MA 01845
57 1 William Richards 39 Russell Street,North Andover,MA 01845
57 2 Michael Lesofsky 29 Russell Street,North Andover,MA 01845
57 6 Kenneth Racicot 450 Main Street,North Andover,MA 01845
57 7 Michael Pietrowski 460 Main Street,North Andover,MA 01845
57 8 Christopher Lembo 470 Main Street,North Andover,MA 01845
This certifies that the names app wring on the
records of the Ass cors ff a as of
Certified Date/�
Ippolito, Mary
From: Daley, Lincoln
Sent: Monday, December 17, 2007 9:04 AM ,
To: 'Brian Darcy' 2037 DEC 17 P11 1: 1
Cc: Ippolito, Mary
Subject: RE: 498 Chickering Road
Brian:
The email will be fine. Thank you. We'll be in contact.
-----Original Message-----
From: Brian Darcy [mailto:bdarcy@northpointllc.com]"
Sent: Monday, December 17, °2007 8:47 AM
To: Daley, Lincoln
Subject: 498 Chickering Road
Hi Lincoln,
Happy Monday. We would like to continue the public hearing until the January 15, 2008
meeting. Is this email acceptable for the request, or do you need something more formal?
Thank you,
Brian
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