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HomeMy WebLinkAboutMiscellaneous - 109 MAIN STREET f NORTfi'1 o p r his is to certify that twenty(20)days have elapsed from date of dedslon,filed _ without filing of an appeal. Datpa Z v6,7 ��SSACHUS� Joya A.Bradshaw Town Clerk PLANNING DEPARTMENT Community Development Division August 16, 2007 Tina Messina San Lau Realty Trust 109 Main Street,North Andover, MA 01845 RE: Proposed CVS Signage Plan Dear Ms. Messina: This letter is being sent to you in response to the proposed signage plan for the CVS Pharmacy located within Messina's Plaza and owned by San Lau Realty. Messina's Plaza represents one of the main focal points and destination areas of the downtown and is a key property in the Town's efforts to revitalize the downtown area of North Andover. The approved site and traffic layout incorporates many of the design features that will improve the visual character of the downtown and enhance internal/external vehicular and pedestrian movements. Signs and lighting represent a critical component of the approval. A signage plan should aid in communication, orientation, identify activities,express local history and character, and serve educational purposes for the public good. Further, signage and lighting should not overload the public's capacity to receive information or which increases the probability of accidents by distracting attention or obstructing vision. The proposed signage plan generally complies with the requirements and intent of Zoning Bylaw, Section 6 -- Signs and Sign Lighting Regulations. However,as discussed below,a number of the proposed signs were not approved by the Planning Board,detract from character of the downtown, and increase visual clutter along the streetscapes. Accordingly, should San Lau and CVS desire to deviate from my recommendations below, I would advise the Planning Board to re-open the Site Plan Special Permit hearing, including re-notification to all abutters, in order to revisit signage and other issues that may arise through that process. My review is based on the plans entitled"CVS Pharmacy Store#209,North Andover, Massachusetts",prepared by Poyant Signs Incorporated,and dated 7/10/07(revised 8/02/07). (A) Front Side Elevation(Main Street) ➢ Signs labeled"Drive Thru Pharmacy"and`Beauty"Located on the Building Fagade must be eliminated. a. The signs noted above should be eliminated as these signs increase visual clutter and offer redundant information along Main Street. Keep in mind that the existing CVS Pharmacy at this location has operated at the property for years, and is a well-known fixture on Main Street so the signs noted above are not necessary to the operations of the new pharmacy store. Further,as stated within the design guidelines of the Zoning Bylaw, signs should not contain selling slogans or other advertising,which is not an integral part of the name or other 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthondover.com identification of the enterprise. However,the proposed CVS Pharmacy sign as well as the "Drive-Thru Pharmacy"and"Full Service" signs are acceptable as they aid in directing the user to the drive-through facility. I would recommend that the sign located closest to the outer land be re-labeled as"Prescription Pick/Drop Off Only" if that second sign was meant to direct traffic to the outer lane of the drive through facility. If you would prefer to include signs other than the signs approved as noted above I would recommend to the Planning g g PP g Board that you file a modification to the Site Plan Review Special Permit. (B) Right Side Elevation (First Street) ➢ Sign labeled "Drive Thru Pharmacy"on the canopy must be eliminated. a. The"Drive Thru Pharmacy"sign on the drive-up canopy was not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further,this sign increases visual clutter and redundant information along First Street. c. However, I would be amenable to the increase in the CVS Sign lettering to 18 inches, and that the other"Drive-Thru"and"Photo Shop" signs can remain. (C)Directional - SC ➢ Directional sign labeled"Drive Thru Pharmacy"and shown on the plans as Sign C3. a. Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further,the sign increases visual clutter and redundant information along First Street.The signage proposed above the entrance and exit of the drive-through facility provide sufficient communication,orientation, and identification of the use. (D)Pylon Sign (Main Street) ➢ Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. ➢ The Planning Board worked diligently with San Lau Realty to develop a landscape plan to enhance the streetscape along Main Street. The proposed sign would displace a number of important landscape elements. Given the limited number of deciduous and ornamental trees proposed for the sight,any reduction would have a dramatic impact on the streetscape. ➢ Further,the sign increases visual clutter along Main Street. If you have any questions or concerns, please contact my office at the number below. Sincerely, Lincoln Daley Town Planner 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fox 978.688.9542 Web www.iownofoorthandover.com NORTrf 0�,���[o N`gtiG + be �1SSACHUs PLANNING DEPARTMENT Community Development Division August 16, 2007 Tina Messina San Lau Realty Trust 109 Main Street,North Andover, MA 01845 RE: Proposed CVS Signage Plan Dear Ms. Messina: This letter is being sent to you in response to the proposed signage plan for the CVS Pharmacy located within Messina's Plaza and owned by San Lau Realty. Messina's Plaza represents one of the main focal points and destination areas of the downtown and is a key property in the Town's efforts to revitalize the downtown area of North Andover. The approved site and traffic layout incorporates many of the design features that will improve the visual character of the downtown and enhance internal/external vehicular and pedestrian movements. Signs and lighting represent a critical component of the approval. A signage plan should aid in communication, orientation, identify activities,express local history and character,and serve educational purposes for the public good. Further, signage and lighting should not overload the public's capacity to receive information or which increases the probability of accidents by distracting attention or obstructing vision. The proposed signage plan generally complies with the requirements and intent of Zoning Bylaw, Section 6 -- Signs and Sign Lighting Regulations.However,as discussed below,a number of the proposed signs were not approved by the Planning Board,detract from character of the downtown,and increase visual clutter along the streetscapes. Accordingly, should San Lau and CVS desire to deviate from my recommendations below, I would advise the Planning Board to re-open the Site Plan Special Permit hearing, including re-notification to all abutters, in order to revisit signage and other issues that may arise through that process. My review is based on the plans entitled"CVS Pharmacy Store#209,North Andover, Massachusetts",prepared by Poyant Signs Incorporated,and dated 7/10/07(revised 8/02/07). (A) Front Side Elevation(Main Street) ➢ i labeled"Driv Thru Pharmacy"and"Beauty"Located on the Building Fa ade must be Signse y ty g � eliminated. a. The signs noted above should be eliminated as these signs increase visual clutter and offer redundant information along Main Street. Keep in mind that the existing CVS Pharmacy at this location has operated at the property for years, and is a well-known fixture on Main Street so the signs noted above are not necessary to the operations of the new pharmacy store. Further, as stated within the design guidelines of the Zoning Bylaw, signs should not contain selling slogans or other advertising,which is not an integral part of the name or other 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 fax 978.688.9542 Web www.townofoorthandover.om identification of the enterprise. However, the proposed CVS Pharmacy sign as well as the "Drive-Thru Pharmacy"and "Full Service" signs are acceptable as they aid in directing the user to the drive-through facility. I would recommend that the sign located closest to the outer land be re-labeled as"Prescription Pick/Drop Off Only" if that second sign was meant to direct traffic to the outer lane of the drive through facility. If you would prefer to include signs other than the signs approved as noted above, I would recommend to the Planning Board thatyou file a modification to the Site Plan Review Special Permit. y P (B) Right Side Elevation (First Street) ➢ Sign labeled "Drive Thru Pharmacy"on the canopy must be eliminated. a. The "Drive Thru Pharmacy" sign on the drive-up canopy was not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further,this sign increases visual clutter and redundant information along First Street. c. However, I would be amenable to the increase in the CVS Sign lettering to 18 inches,and that the other"Drive-Thru"and"Photo Shop"signs can remain. (C)Directional - SC ➢ Directional sign labeled"Drive Thru Pharmacy"and shown on the plans as Sign C3. a. Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further,the sign increases visual clutter and redundant information along First Street. The signage proposed above the entrance and exit of the drive-through facility provide sufficient communication,orientation,and identification of the use. (D)Pylon Sign (Main Street) ➢ Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. ➢ The Planning Board worked diligently with San Lau Realty to develop a landscape plan to enhance the streetscape along Main Street. The proposed sign would displace a number of important landscape elements. Given the limited number of deciduous and ornamental trees proposed for the sight, any reduction would have a dramatic impact on the streetscape. ➢ Further,the sign increases visual clutter along Main Street. If you have any questions or concerns,please contact my office at the number below. Sincerely, Lincoln Daley Town Planner 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com f NORrp O A 4q �' ��sS�cHus��g ap PLANNING DEPARTMENT Community Development Division August 16, 2007 Tina Messina San Lau Realty Trust 109 Main Street, North Andover, MA 01845 RE: Proposed CVS Signage Plan Dear Ms. Messina: This letter is being sent to you in response to the proposed signage plan for the CVS Pharmacy located within Messina's Plaza and owned by San Lau Realty. Messina's Plaza represents one of the main focal points and destination areas of the downtown and is a key property in the Town's efforts to revitalize the downtown area of North Andover. The approved site and traffic layout incorporates many of the design features that will improve the visual character of the downtown and enhance internal/external vehicular and pedestrian movements. Signs and lighting represent a critical component of the approval. A signage plan should aid in communication, orientation, identify activities,express local history and character,and serve educational purposes for the public good. Further, signage and lighting should not overload the public's capacity to receive information or which increases the probability of accidents by distracting attention or obstructing vision. The proposed signage plan generally complies with the requirements and intent of Zoning Bylaw, Section 6 -- Signs and Sign Lighting Regulations. However, as discussed below, a number of the proposed signs were not approved by the Planning Board, detract from character of the downtown,and increase visual clutter along the streetscapes. Accordingly, should San Lau and CVS desire to deviate from my recommendations below, I would advise the Planning Board to re-open the Site Plan Special Permit hearing, including re-notification to all abutters, in order to revisit signage and other issues that may arise through that process. My review is based on the plans entitled"CVS Pharmacy Store#209,North Andover, Massachusetts", prepared by Poyant Signs Incorporated,and dated 7/10/07 (revised 8/02/07). (A) Front Side Elevation (Main Street) ➢ Signs labeled "Drive Thru Pharmacy"and `Beauty"Located on the Building Fagade must be eliminated. a. The signs noted above should be eliminated as these signs increase visual clutter and offer redundant information along Main Street. Keep in mind that the existing CVS Pharmacy at this location has operated at the property for years, and is a well-known fixture on Main Street so the signs noted above are not necessary to the operations of the new pharmacy store. Further, as stated within the design guidelines of the Zoning Bylaw, signs should not contain selling slogans or other advertising,which is not an integral part of the name or other 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townofnorthandover.com identification of the enterprise. However,the proposed CVS Pharmacy sign as well as the "Drive-Thru Pharmacy"and "Full Service"signs are acceptable as they aid in directing the user to the drive-through facility. I would recommend that the sign located closest to the outer land be re-labeled as"Prescription Pick/Drop Off Only" if that second sign was meant to direct traffic to the outer lane of the drive through facility. If you would prefer to include signs other than the signs approved as noted above, I would recommend to the Planning Board that you file a modification to the Site Plan Review Special Permit. (B) Right Side Elevation (First Street) ➢ Sign labeled "Drive Thru Pharmacy"on the canopy must be eliminated. a. The "Drive Thru Pharmacy"sign on the drive-up canopy was not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further, this sign increases visual clutter and redundant information along First Street. c. However, I would be amenable to the increase in the CVS Sign lettering to 18 inches, and that the other"Drive-Thru"and"Photo Shop"signs can remain. (C) Directional - SC ➢ Directional sign labeled"Drive Thru Pharmacy"and shown on the plans as Sign C3. a. Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. b. Further,the sign increases visual clutter and redundant information along First Street. The signage proposed above the entrance and exit of the drive-through facility provide sufficient communication,orientation, and identification of the use. (D)Pylon Sign (Main Street) ➢ Sign not shown on the approved plan set and would require a modification to the Site Plan Review Special Permit. ➢ The Planning Board worked diligently with San Lau Realty to develop a landscape plan to enhance the streetscape along Main Street. The proposed sign would displace a number of important landscape elements. Given the limited number of deciduous and ornamental trees proposed for the sight, any reduction would have a dramatic impact on the streetscape. ➢ Further,the sign increases visual clutter along Main Street. If you have any questions or concerns, please contact my office at the number below. Sincerely, Lincoln Daley Town Planner 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 918.688.9535 Fax 918.688.9542 Web www.townofnorthandover.com ! This is to certify that twenty(20)days have elapsed from date of decision,filed without filing of aneai. a Dat .ppI "or] f OORTFj 9 Joym A:ef`9911how o?°.�t``° "o Town of North Andover r0"0@* p Office of the Planning Department * _ Community evep Dlo ment and Services Division ��pDR�TlD PPt�S ITS 1600 1600 Osgood Street North Andover, Massachusetts 01845 NOTICE OF DECISION (INSUBSTANTIAL CHANGE) Date of Decision: August 22,2007 Application of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28,Parcel 48. HISTORY AND BACKGROUND On or about January 19,2007,the Applicant, San Lau Realty Trust filed an Application for Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaws. On May 1, 2007,the Planning Board unanimously voted to grant the Applicant a Site Plan Review Special Permit for the Premises Affected, and proceeded to issue a Special Permit Decision approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District Registry of Deeds in Book 10802, Page 304. By letter, dated August 10, 2007(the"Determination Request Letter"),the Applicant(through its legal counsel) requested a determination of insubstantial change with respect to certain proposed adjustments to the approved Site Plans in accordance with Special Condition No. 23 of the Site Plan Special Permit Decision, as well as Section 8.3 of the North Andover Zoning Bylaws,which authorize the Town Planner to make a determination of whether certain changes to the site plans constitute substantial changes. Specifically, and as outlined in the Determination Request Letter,the proposed plan adjustments relate to the dumpster locations and orientations behind the proposed building which are proposed to be modified to accommodate specific tenant requests, and the Applicant's traffic engineer,Dermot Kelly of DJK Associates, has reviewed the modified layout and relocated the fire lane to allow service and fire trucks to circulate through this area as shown on a plan entitled"Conceptual Access and Fire Circulation Plan, Messina's Shopping Center, Main Street,North Andover, MA.,"dated March 8, 2007(Rev. August 7, 2007)on file with the Planning Department. Additionally,the Determination Request Letter requested that a pneumatic tube device for prescription drop-off only be allowed in the bypass lane of the drive-thru to be used as a prescription drop-off service only and that pick up would not be permitted within the by- pass lane. According to the Determination Request Letter,this service does not incur any stacking of cars as the service is limited to drop-off only. FINDINGS OF FACT Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw, I have reviewed the Determination Request Letter with regard to proposed adjustments to be made to the approved Site Plans identified in the above-referenced Site Plan Special Permit Decision. Based upon the foregoing, I have determined that the proposed plan adjustments shown on the plan entitled"Conceptual Access and 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit(Insubstantial Change Decision) August 17,2007 Fire Circulation Plan, Messina's Shopping Center, Main Street,North Andover, MA,"dated March 8, 2007(Rev. August 7, 2007)are not substantial changes but are in fact minor, insubstantial changes. Moreover, I have determined that the incorporation of a pneumatic tube device on the outer bypass lane of the proposed drive-through facility is also considered a minor, insubstantial change, subject to the following conditions. CONDITIONS The Town Planner's finding of no substantial change is conditioned on the following: 1. San Lau Realty Trust and its successors agree that the outer bypass lane employing the pneumatic tube device is used strictly for prescription drop-off only and shall not significantly impact internal vehicular circulation and safety. 2. San Lau Realty Trust and its successors agree that all dumpsters shall be sufficiently screened and fully enclosed. 3. San Lau Realty Trust and its successors agree that the use of permanent or temporary trailers for storage of goods and products associated with the operations of any business on the property is strictly prohibited, except for those temporary storage trailers used during the construction or renovation process. 4. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be provided to the Planning Department. Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with the Site Plans referenced in the Special Permit Decision, as modified by the plan and adjustments referenced above. Town of North Andover Planning Department By:(a�;6e� Z Lincoln Daley Town Planner By: char ella Planning Board Chairman 2 SCHOOL STREET r u,.w Existing Retail&office Space .-. Two Story • (9, — e+MRFft /f/TIJ 1117017l/1 s)M/JOL 348 sf— First Floor4) (7,522 sf Second Floor) \ J I 1 k 4 C4 30 - _,�.�__I � z (DOf�RLF.' .16 /2" ®1 r 4 1 SP-1 ZI 24 09 r Y } + (7 r J I 1 I m l _ .. I` I� �I ♦ �Af 1 C ^...i MA P 1 E V "�^,_ �f(� III - h )-- �_3 I �-._.� i I � -_�.—I._-�-_�i U '•�. l o = tt I - I � Iloi - I rm -� x -wLRr R tori _' I I I I t � u .CONCEPTUAL ACCESS AND 0 FIRE LANE CIRCULATION PLAN �I MESSINA'S SHOPPING CENTER MAIN STREET, NORTH ANDOVER, MA. MESSINA'S SHOPPING CENTER DIM r e � NORTH ANDOVER MASSACHUSETTS C p FIRST STREET GRAF'HIt `;CALF m m •-n --- SOURCE BASE PLAN INFORMATION OBTAINED l HUNTRESS DJx T� ASSOCIATES.INC.ELECTRONIC FILE SITEPLAN.DWG REClEWO ON MARCH B.2007 AND UPDATED WITH 733CADYRI 03/De/OT 1 I SITEPLAN3.DWG RECEIVED ON AUGUST 7,2007. -pp• �sxws R.rz Of SNo oTH q�. 3� 4� Town of North Andover ° p Office of the Planning Department Community Development and Services Division 1600 Osgood Street SSacHWse North Andover, Massachusetts 01845 NOTICE OF DECISION (INSUBSTANTIAL CHANGE) Date of Decision: August 22,2007 Application of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28,Parcel 48. HISTORY AND BACKGROUND On or about January 19, 2007,the Applicant, San Lau Realty Trust filed an Application for Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaws. On May 1, 2007,the Planning Board unanimously voted to grant the Applicant a Site Plan Review Special Permit for the Premises Affected,and proceeded to issue a Special Permit Decision approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District Registry of Deeds in Book 10802, Page 304. By letter, dated August 10, 2007 (the"Determination Request Letter"),the Applicant(through its legal counsel) requested a determination of insubstantial change with respect to certain proposed adjustments to the approved Site Plans in accordance with Special Condition No. 23 of the Site Plan Special Permit Decision, as well as Section 8.3 of the North Andover Zoning Bylaws,which authorize the Town Planner to make a determination of whether certain changes to the site plans constitute substantial changes. Specifically, and as outlined in the Determination Request Letter,the proposed plan adjustments relate to the dumpster locations and orientations behind the proposed building which are proposed to be modified to accommodate specific tenant requests, and the Applicant's traffic engineer, Dermot Kelly of DJK Associates, has reviewed the modified layout and relocated the fire lane to allow service and fire trucks to circulate through this area as shown on a plan entitled"Conceptual Access and Fire Circulation Plan, Messina's Shopping Center, Main Street,North Andover,MA.,"dated March 8, 2007(Rev. August 7, 2007)on file with the Planning Department. Additionally,the Determination Request Letter requested that a pneumatic tube device for prescription drop-off only be allowed in the bypass lane of the drive-thru to be used as a prescription drop-off service only and that pick up would not be permitted within the by- pass lane. According to the Determination Request Letter,this service does not incur any stacking of cars as the service is limited to drop-off only. FINDINGS OF FACT Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw, I have reviewed the Determination Request Letter with regard to proposed adjustments to be made to the approved Site Plans identified in the above-referenced Site Plan Special Permit Decision. Based upon the foregoing, I have determined that the proposed plan adjustments shown on the plan entitled "Conceptual Access and 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit(Insubstantial Change Decision) August 17,2007 Fire Circulation Plan, Messina's Shopping Center Main Street,North Andover, MA, dated March 8, 2007 (Rev. August 7, 2007)are not substantial changes but are in fact minor, insubstantial changes. Moreover, I have determined that the incorporation of a pneumatic tube device on the outer bypass lane of the proposed drive-through facility is also considered a minor, insubstantial change, subject to the following conditions. CONDITIONS The Town Planner's finding of no substantial change is conditioned on the following: 1. San Lau Realty Trust and its successors agree that the outer bypass lane employing the pneumatic tube device is used strictly for prescription drop-off only and shall not significantly impact internal vehicular circulation and safety. 2. San Lau Realty Trust and its successors agree that all dumpsters shall be sufficiently screened and fully enclosed. 3. San Lau Realty Trust and its successors agree that the use of permanent or temporary trailers for storage of goods and products associated with the operations of any business on the property is strictly prohibited,except for those temporary storage trailers used during the construction or renovation process. 4. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be provided to the Planning Department. Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with the Site Plans referenced in the Special Permit Decision, as modified by the plan and adjustments referenced above. Town of North Andover Planning Department By: Lincoln Daley Town Planner By: df� ichar ells Planning Board Chairman 2 SCHOOL STREET `\ �\ ---•----- :-- ---ter o0 Existing Retail h Office Space ^.�• `\� .././/./i/.//.../",/-- Two ",//r/.i/-Two Story -v.A 11l.rnli - �(��i /i. SNI TR() (9,348 sf- F'vat Floor) ! (7,522 st Se and Floor) � MROl, S' RI 1 w cw � � - ,• � � � � Rs-> ea- ao' RIF-IL (OO 1ILFi .Yfi 1I CM _—E-_ 111 I 111 E r 1 , i qH li i p 1 SP 1 1 24 4 �s r .PFDN u T � I nI I S I I - I � � C3 k, , 11 ;y i �- �� - _i -f- J I C� , SII � I rCONCEPTUAL ACCESS AND li FIRE LANE CIRCULATION PLAN ! MESSINA'S SHOPPING CENTER MAIN STREET, NORTH ANDOVER, MA. MESSINA•S SHOPPING CENTER ^ � NORTH ANDOVER MASSACHUSETTS CRAF"" CAl.E FIRST STREET 3 A p SOURCE: BASE PLAN INFORMATION OBTAINED FROM HUNTRESS DJK 733 "- ASSOCIATES.INC.ELECTRONIC FILE SITEPLAN DWG ------- RECIEVED ON MARCH 8,2007 AND UPDATED WITH 773-03-1n.n: 03/Da/DT. ! SITEPLAN3.DWG RECEIVED ON AUGUST 7,2007. t wooa,c�Uu1r51EPs s/tM qrv.NO. KNSla,+S .To' I } SyORTIy °` " q" Town of North Andover 000 p Office of the Planning Department • _ Community Development and Services Division 1600 Osgood Street SSACHUSti North Andover, Massachusetts 01845 NOTICE OF DECISION (INSUBSTANTIAL CHANGE) Date of Decision: August 22,2007 Application of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28,Parcel 48. HISTORY AND BACKGROUND On or about January 19, 2007,the Applicant, San Lau Realty Trust filed an Application for Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaws. On May 1, 2007,the Planning Board unanimously voted to grant the Applicant a Site Plan Review Special Permit for the Premises Affected, and proceeded to issue a Special Permit Decision approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District Registry of Deeds in Book 10802, Page 304. By letter, dated August 10,2007 (the"Determination Request Letter"),the Applicant(through its legal counsel)requested a determination of insubstantial change with respect to certain proposed adjustments to the approved Site Plans in accordance with Special Condition No. 23 of the Site Plan Special Permit Decision, as well as Section 8.3 of the North Andover Zoning Bylaws, which authorize the Town Planner to make a determination of whether certain changes to the site plans constitute substantial changes. Specifically, and as outlined in the Determination Request Letter,the proposed plan adjustments relate to the dumpster locations and orientations behind the proposed building which are proposed to be modified to accommodate specific tenant requests,and the Applicant's traffic engineer,Dermot Kelly of DJK Associates, has reviewed the modified layout and relocated the fire lane to allow service and fire trucks to circulate through this area as shown on a plan entitled"Conceptual Access and Fire Circulation Plan, Messina's Shopping Center, Main Street,North Andover,MA.,"dated March 8, 2007(Rev. August 7, 2007)on file with the Planning Department. Additionally,the Determination Request Letter requested that a pneumatic tube device for prescription drop-off only be allowed in the bypass lane of the drive-thru to be used as a prescription drop-off service only and that pick up would not be permitted within the by- pass lane. According to the Determination Request Letter,this service does not incur any stacking of cars as the service is limited to drop-off only. FINDINGS OF FACT Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw,I have reviewed the Determination Request Letter with regard to proposed adjustments to be made to the approved Site Plans identified in the above-referenced Site Plan Special Permit Decision. Based upon the foregoing, I have determined that the proposed plan adjustments shown on the plan entitled"Conceptual Access and 109-123 Main Street—San Lau Realty Map 28, Parcel 48 Site Plan Special Permit(Insubstantial Change Decision) August 17,2007 Fire Circulation Plan, Messina's Shopping Center, Main Street,North Andover, MA,"dated March 8, 2007 (Rev. August 7, 2007)are not substantial changes but are in fact minor, insubstantial changes. Moreover, I have determined that the incorporation of a pneumatic tube device on the outer bypass lane of the proposed drive-through facility is also considered a minor, insubstantial change, subject to the following conditions. CONDITIONS The Town Planner's finding of no substantial change is conditioned on the following: 1. San Lau Realty Trust and its successors agree that the outer bypass lane employing the pneumatic tube device is used strictly for prescription drop-off only and shall not significantly impact internal vehicular circulation and safety. 2. San Lau Realty Trust and its successors agree that all dumpsters shall be sufficiently screened and fully enclosed. 3. San Lau Realty Trust and its successors agree that the use of permanent or temporary trailers for storage of goods and products associated with the operations of any business on the property is strictly prohibited,except for those temporary storage trailers used during the construction or renovation process. 4. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be provided to the Planning Department. Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with the Site Plans referenced in the Special Permit Decision, as modified by the plan and adjustments referenced above. Town of North Andover Planning Department By:e2e� Z Lincoln Daley Town Planner By: 901/fA char ella Planning Board Chairman 2 ` 14 SCHOOL STREET - K Ht ��.�..�.�.�����. ��.�.�• � � f 01.0/ i { y \� x ' Existing Retail do Office Space ��, L,.... ............. wa a.,.D - .. Two Story V b/T U (9,348 sf- First Floor) 522 si- (�• Second Floor) I I� I In- + �t f---r -} -t ---I �-. _ F .y _ !(n nrnl se lz- u o � � sr-r 21 I a" I eve _ I n �0Iv t ✓I �., I I - cqT S F %I , Nf f I A'r n TN f.N l N� ..J J 1 .:✓r.• i I. . I 0 � I Ii It. - i I it CONCEPTUAL ACCESS AND II FIRE LANE CIRCULATION PLAN III MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER, MA. I - _ Q A SHOPPING CENTER NORTH NORTH AND VERMASSACHUSETTS FIRST STREET GRAPHIC Ai.F -- A m '^ SOURCE. RASE PLAN INFORMATION ELECTRONIC DRC FILE FROMITEP HUNTRESS �� I` ASSOCIATES.INCC.CH 8, DNIC AND UPDATED NT --'� - ------- WG RELIEVED.D MARCH 8,200]AND UPDATED WITH �_ ,ppm p�Mpy 6n/0'/ ]3XAD3-Rt �. 0.3/08/DT 1 I 1 $IIEPLAN3.DWG RECEIVED ON AUGUST],2007. acv.xo. acxawz oA¢ -26 r �I NORT�y Town of North Andover o? °� -CEIVED n Office of the Planning Departmen f 11 i s . '1 C r' Community Development and Services ' 'ss.,TN„5 <t' 1600 Osgood Street 799Y rN AM 10: 05 North Andover, Massachusetts 01845 N0 0T hl WT, 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: May 17,2007 Date of Hearing: 3/6/07,4/3/07,5/1/07 Date of Decision: May 1,2007 Petition of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28, Parcel 48. 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: the renovation and reconstruction of the existing retail shopping center("Messina Plaza") totaling 52,198 s.f, construction of a 208+- s.f kiosk, drive-through facilities, parking, utilities, walkways, site lighting, landscape improvements, and other improvements within the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: C%k North Andover Pfinning Boa d Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek Tim Seibert, Alternate cc: Town Departments Applicant Engineer Abutters This Is to that (go) have tiapisd from date of dedow,AIS Out flNrgi of aM AA n al 7bW C1wk 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Upon a motion from John Simons and 2nd by Alberto Angles, the Planning Board herein approves the Special Permit/Site Plan Review for the renovation and reconstruction of the existing retail shoppin center(referred to as"Messina Plaza")totaling 52,198 s.f,208 s.f.Kiosk,accessory drive-through g facilities,parking,utilities,walkways, site lighting,landscape and other improvements shown on the "Plans"as defined below. The project is located in the General Business Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 28,Parcel 48, and consists of approximately 145,893 s.f. (3.348 acres)of land with frontage on Main Street, School Street and First Street.The Special Permit was requested by the Applicant, San Lau Realty Trust, 109 Main Street, North Andover, MA 01845. This application was filed with the Planning Board on January 19,2007. 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: 3) 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 those zones. Specifically the General Business District permits both"retail stores and wholesale stores,as well as"restaurants,dining room or lunch room". [Section 4.131.1. and 4.131.5 of the Town of North Andover Zoning Bylaw]. Presently,the site contains approximately 52.198 square feet of retail,restaurant,grocery,and professional office space. The project as proposed will not substantially increase the size of the existing building or provide for significant change of use. Further,the site will operate generally consistent with the existing site conditions,with a substantial improvement to the architectural facades,walkways, parking layout,traffic circulation and design, lighting,and landscaping. 4) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. a. Frontage of Proposed Development: Extensive landscaping has been provided along the perimeter of the site fronting Main Street,First Street,and School Street. The landscaping has been placed so as to enhance the downtown character, improve the visual streetscape elements, and soften the impact of the parking area supporting the retail plaza from Main Street and First Street. 1. Shade Trees: There will be a total of eight(8)Little Leaf Linden trees(2.5-3 inches in caliper)and a total of two(2)Callery Pear trees(2.5-3 inches in caliper). 2. Ornamental Trees: The ornamental trees include a total of three(3) Shadblow Serviceberry 2 1UY-123 Main Street-San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 trees (which will range between 8-10 feet in height),and a total of three(3)Heritage River Birch(clump)(which will range between 10-12 feet in height). 3. Shrubbery: A large amount of shrubbery has been dispersed between the shade and ornamental trees that includes a total of twenty-seven(27)PJM Rhododendrons(which will range between 2-2.5 feet in height),a total of eighty-two . (82)Sargent Junipers(ranging g P ( �g between 15-18 inches in height),and a total of eighteen 18 Boule De Nie e � ( ) Rhododendrons n1' (ranging between 2-2.5 feet in height), and a total of ninety-three (93)Inkbe shrubs (ranging between 18-24 inches to height). 4. Perennials: A large amount of perennials have been dispersed between the shade and ornamental trees that include a total of two-hundred (200)Black Eyed Susan plants, and a total of two-hundred(200)Daylily plants. b. Residential Abutting Property: Special care has been taken to carefully screen all residential abutting property directly across from the proposed development. 1. Specifically, landscaping facing the residential properties located across from the drive- through facilities from Assessor's Map 29,Lots 6& 14,and Assessor's Map 18,Lots 44& 70 which includes the following:three(3)Heritage River Birch(ranging from 10- 12 feet in height),two(2)Little Leaf Linden(ranging between 2.5-3 inches in caliper),twenty-four (24)PJM Rhododendrons,and a forty-two(42)inch post and rail fence. 2. Specifically,a 6-foot vinyl fence along the entire rear boundary in front of the residential property Assessor's Map 18,Lot 0. 3. Specifically,landscaping along the southern corner where additional plantings were provided across from the residential properties Assessor's Map 30,Parcel 5 and Assessor's Map 19, Parcel 9 which include the following: four(4)Callery Pear(ranging between 2.5-3 inches in caliper)and twenty-nine(29)Eastern Red Cedar(ranging from 5-6 feet in height. 5) There will be no nuisance or serious hazard to vehicles or pedestrians.The proposed parking lot design and access/egress drives provide for adequate internal and external traffic flow,safety,and sufficient pedestrian connections throughout the project,and will not result in a significant increase in vehicle trips from the site. 6) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the North Andover Zoning Bylaw, except as described in Paragraph 8 below for which the Applicant has sought a variance described in a separate petition currently pending before the Zoning Board of Appeals.Notwithstanding the variance petition,the Planning Board has determined that the site plan meets the spirit and intent of Section 8.4 of the North Andover Zoning Bylaw. See Finding#2 for further detail on the landscaping plan; 7) The site drainage system has been reviewed by the Outside Consulting Engineer,Vanasse Hangen Brustlin,Inc. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 8) 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. 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Furthermore,the redesign and reconstruction of the retail plaza contains architectural 3 109-123 Main Street-San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 elements and treatments that are present in traditional town centers and improves the aesthetic integrity of downtown North Andover. The storefronts and side facades contain numerous pedestrian scaled elements that provide for improved visual and physical access to the goods and services within the plaza.The project also contains a tasteful lighting plan throughout the site to enhance the pedestrian village feel of the project P g and downtown area while maintaining sufficient lighting to protect the health and welfare of residents.Finally, the Applicant incorporated visual buffering and sound dampening measures for the roof utilities to help mitigate the impact on the neighboring residential properties. 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 Defiuitions: a) The"Locus"refers to the 145,893 s.f.parcel of land with frontage on Main Street,First Street, and School Street,as shown on Assessors Map 29,Parcel 48, and also known as 109-123 Main Street,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Marchionda&Associates,LP, 62 Montvale Avenue, Suite One, Stoneham,MA 02180,dated October 31,2006,Revised 12/5/06, 1/17/07, and 4/9/07, entitled"Site Plan Review&Special Permit Application Plans For:Messina's Shopping Center, North Andover,Massachusetts"C-1 through C-5,L-1 through L-3, Exl.l,Exl.2,Ex2.1,ALL, A1.2,A2.1,and A2.2. c) The"Project"or"109-123 Main Street"refers to reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52.198 s.f,208 s.f kiosk,drive-through facilities, parking,access/egress drive,utility, walkway, site lighting,landscape and other improvements shown on the Plans. d) The"Applicant"refers to San Lau Realty Trust,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. f) Landscaping is to be planted on hill in front of property located at 22 School Street in accordance with the Landscape Plan. g) All artificial lighting used to illuminate the parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls substantially within the parking, loading or driveway area,and shall be shielded or recessed so as not to shine upon abutting properties as demonstrated on the Photometric Plan. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who 4 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Pian Special Permit May 1,2007 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 weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and related pavement; f) Curb cuts; g) Retaining walls; h) Site screening, landscaping and street trees; i) Site restoration; j) Final site cleanup; k) The pharmacy dumpster 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 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)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. d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5 109-123 Main Street-San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 27. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The 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. 2. The fire lane located behind the portion off the building running parallel with School Street shall be striped as a Fire Lane in accordance with Fire Department specifications. 6 1U9-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 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 bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The Applicant must submit a letter from the architect and engineer of the project stating that the building,landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site 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. 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 7 M-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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. ion. p 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) This Site Plan Special Permit is conditional upon final approval from the Zoning Board of Appeals for dimensional Variances from the following: a) Section 7,Paragraph 7.3 and Table 2 for relief of Main and First Street front setbacks; b) Section7.3 and Table 2's Footnote 2 for relief from the requirements for an open and green landscape buffer; c) Section 8, Paragraph 8.1 (Off-Street Parking); and d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts). 11)All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 12) For all current and future uses within the plaza facility,the hours of operation will be during the hours of 7 a.m. to 11 p.m. seven days per week. The hours of operation of proposed kiosk will be 24 hours seven days a week. 13) 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. 14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15) Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 16) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17) No underground fuel storage shall be installed except as may be allowed by �Town Regulations. 8 iuy-iLJ Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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)All snow storage is to be removed from the site within a seventy-two(72)hour period. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes with parking and access on the Property. 20) Tenants shall use diligent efforts to retrieve shopping carts from the common areas and return them to the designated areas specified by the owner. Project Owner will ensure that best efforts shall be made by all tenants to prevent the use of its shopping carts in the center from interfering with the use of the parking lot. Present and scheduled removal must be complied with in order alleviate safety concerns. 21) The fourteen parking spaces located at the rear of the proposed building addition shall be designated as employee parking. 22) Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m. and 11 p.m. seven days a week. Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,removal and pickup operations are being conducted. Noise suppression and screening systems for the rooftop mechanicals,shall be constructed in accordance with the Plans. 23) 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. 24) This Special Permit approval shall be deemed to have lapsed after May 1,2009 (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. 25) This Decision supersedes in its entirety, the Planning Board's Site Plan Approval Special Permit Decision,dated May 12, 1986,as revised by Site Plan Modification,dated November 20, 1989. 26)Due to the absence of additional related parking,no new restaurant use shall by be permitted on the site without review by the North Andover Planning Board to determine if sufficient parking exists. The current 2,000 square foot restaurant footprint will be allowed as long as this decision is in full force and effect. 27) The following information shall be deemed part of the decision: Plan Titled: Site Plan Review& Special Permit Application Plans For: Messina's Shopping Center,North Andover,Massachusetts Prepared For: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Prepared By: Marchionda&Associates, LP 62 Montvale Avenue, Suite One 9 tug-11:3 main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Stoneham,MA 02180 Scale: 1"=20' Date: October 31,2006,Revised 12/5/06, 1/17/07,4/9/07,and 4/12/07. Sheets: C-1 through C-5,L-1 through L-3,Ex1.1,Ex 1.2,Ex2.1,A1.1,A1.2,A2.1,and A2.2. Plan Titled: Site Preparation Plan Prepared By: Huntress Associates,Inc. Landscape.Architecture&Land Planning 17 Tewksbury Street,Andover,MA 01810 Pages SP-1,L-1,L-2,L-3 Date: Date March 7,2007 Revised 4/9/07,4/12/07. 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 Engineer File X= =r =°ern CD :3 C3 cz C.n 10 NORTH "'° ;° "° Town of North Andover ° 77 r,EI, ECS A Office of the Planning Departmendf-1, ° Community Development and Services Di s"ACHUS"° E�y 1600 Osgood Street `11 ' 05 S 't North Andover, Massachusetts 01845 a. NOTICE OF DECISION MASS, -"i a ` ` Any appeal shall be filed within (20) days after the date of filing this notice in the office of the Town Clerk. Date: May 17,2007 Date of Hearing: 3/6/07,4/3/07,5/l/07 Date of Decision: May 1, 2007 Petition of. San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General Business Zoning District,Assessors Map 28, Parcel 48. 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: the renovation and reconstruction of the existing retail shopping center("Messina Plaza") totaling 52,198 s.f, construction of a 208+- s.f kiosk, drive-through facilities, parking, utilities, walkways, site lighting, landscape improvements, and other improvements within the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: s� North Andover nning Boa d� Richard Nardella, Chairman John Simons,Vice Chairman Alberto Angles, Clerk Richard Row en Jennifer Kusek Tim Seibert, Alternate cc: Town Departments Applicant Engineer Abutters 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Upon a motion from John Simons and 2"d by Alberto Angles, the Planning Board herein approves the Special Permit/Site Plan Review for the renovation and reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52.198 s.f, 208 s.f.Kiosk, accessory drive-through facilities,parking,utilities,walkways,y , si to lighting, landscape and other improvements shown on the "Plans"as defined below. The project is located in the General Business Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 28,Parcel 48, and consists of approximately 145,893 s.f. (3.348 acres)of land with frontage on Main Street, School Street and First Street. The Special Permit was requested by the Applicant, San Lau Realty Trust, 109 Main Street,North Andover, MA 01845. This application was filed with the Planning Board on January 19,2007. 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: 3) 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 those zones. Specifically the General Business District permits both"retail stores and wholesale stores,as well as"restaurants,dining room or lunch room". [Section 4.131.1. and 4.131.5 of the Town of North Andover Zoning Bylaw]. Presently,the site contains approximately 52 198 square feet of retail,restaurant, grocery,and professional office space. The project as proposed will not substantially increase the size of the existing building or provide for significant change of use. Further,the site will operate generally consistent with the existing site conditions,with a substantial improvement to the architectural facades, walkways, parking layout,traffic circulation and design, lighting,and landscaping. 4) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings and screening depicted on the approved plans referenced herein, shall remain in perpetuity over the life of the project. a. Frontage of Proposed Development: Extensive landscaping has been provided along the perimeter of the site fronting Main Street,First Street,and School Street. The landscaping has been placed so as to enhance the downtown character, improve the visual streetscape elements, and soften the impact of the parking area supporting the retail plaza from Main Street and First Street. 1. Shade Trees: There will be a total of eight(8)Little Leaf Linden trees(2.5-3 inches in caliper)and a total of two(2)Callery Pear trees(2.5-3 inches in caliper). 2. Ornamental Trees: The ornamental trees include a total of three(3) Shadblow Serviceberry 2 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 trees (which will range between 8-10 feet in height), and a total of three(3)Heritage River Birch(clump)(which will range between 10-12 feet in height). 3. Shrubbery: A large amount of shrubbery has been dispersed between the shade and ornamental trees that includes a total of twenty-seven(27)PJM Rhododendrons(which will range between 2-2.5 feet in height), a total of eighty-two(82) Sargent Junipers(ranging between 15-18 inches in height),and a total of eighteen(18)Boule De Niege Rhododendrons (ranging between 2-2.5 feet in height), and a total of ninety-three (93)Inkberry shrubs (ranging between 18-24 inches in height). 4. Perennials: A large amount of perennials have been dispersed between the shade and ornamental trees that include a total of two-hundred (200)Black Eyed Susan plants, and a total of two-hundred(200)Daylily plants. b. Residential Abutting Property: Special care has been taken to carefully screen all residential abutting property directly across from the proposed development. 1. Specifically,landscaping facing the residential properties located across from the drive- through facilities from Assessor's Map 29,Lots 6& 14,and Assessor's Map 18, Lots 44& 70 which includes the following: three(3)Heritage River Birch(ranging from 10- 12 feet in height),two(2)Little Leaf Linden(ranging between 2.5-3 inches in caliper),twenty-four (24)PJM Rhododendrons,and a forty-two(42)inch post and rail fence. 2. Specifically,a 6-foot vinyl fence along the entire rear boundary in front of the residential property Assessor's Map 18,Lot 0. 3. Specifically,landscaping along the southern corner where additional plantings were provided across from the residential properties Assessor's Map 30,Parcel s and Assessor's Map 19, Parcel 9 which include the following: four(4)Callery Pear(ranging between 2.5-3 inches in caliper)and twenty-nine(29)Eastern Red Cedar(ranging from 5-6 feet in height. 5) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot design and access/egress drives provide for adequate internal and external traffic flow, safety, and sufficient pedestrian connections throughout the project,and will not result in a significant increase in vehicle trips from the site. 6) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the North Andover Zoning Bylaw, except as described in Paragraph 8 below for which the Applicant has sought a variance described in a separate petition currently pending before the Zoning Board of Appeals.Notwithstanding the variance petition,the Planning Board has determined that the site plan meets the spirit and intent of Section 8.4 of the North Andover Zoning Bylaw. See Finding#2 for further detail on the landscaping plan; 7) The site drainage system has been reviewed by the Outside Consulting Engineer,Vanasse Hangen Brustlin, Inc. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 8) 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. 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. Furthermore,the redesign and reconstruction of the retail plaza contains architectural 3 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 elements and treatments that are present in traditional town centers and improves the aesthetic integrity of downtown North Andover. The storefronts and side facades contain numerous pedestrian scaled elements that provide for improved visual and physical access to the goods and services within thelaza. The he project also contains a tasteful lighting plan throughout the site to enhance the pedestrian village feel of the project and downtown area while maintaining sufficient lighting to protect the health and welfare of residents.Finally, the Applicant incorporated visual buffering and sound dampening measures for the roof utilities to help mitigate the impact on the neighboring residential properties. Finally the Planning Board,finds that this project generally complies with the Town of North Andover Zoning Bylaw requiremens 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 145,893 s.f.parcel of land with frontage on Main Street,First Street, and School Street,as shown on Assessors Map 29,Parcel 48,and also known as 109-123 Main Street,North Andover,Massachusetts. b) The"Plans"refer to the plans prepared by Marchionda&Associates,LP,62 Montvale Avenue, Suite One, Stoneham,MA 02180,dated October 31,2006,Revised 12/5/06, 1/17/07,and 4/9/07, entitled"Site Plan Review& Special Permit Application Plans For: Messina's Shopping Center, North Andover,Massachusetts"C-1 through C-5,L-1 through L-3, Ex1.1,Ex 1.2,Ex2.1,A1.1, A1.2, A2.1, and A2.2. c) The"Project"or"109-123 Main Street"refers to reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52.198 s.f,208 s.f.kiosk,drive-through facilities, parking,access/egress drive,utility,walkway, site lighting, landscape and other improvements shown on the Plans. d) The"Applicant"refers to San Lau Realty Trust,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. f) Landscaping is to be planted on hill in front of property located at 22 School Street in accordance with the Landscape Plan. All artificial g) cial lighting used to illuminate the parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls substantially within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties as demonstrated on the Photometric Plan. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who 4 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 weekly inspections and monthly reports provided to the Planning Department shall include the following: a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and related pavement; f) Curb cuts; g) Retaining walls; h) Site screening, landscaping and street trees; i) Site restoration; j) Final site cleanup; k) The pharmacy dumpster 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 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)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 PlanningBoard. d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 27. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three(3) copies of the signed,recorded plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The 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. 2. The fire lane located behind the portion off the building running parallel with School Street shall be striped as a Fire Lane in accordance with Fire Department specifications. 6 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. 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 bi-weekly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively,the Applicant and/or property owner may provide a bond,determined by the Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site 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. 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 it 7 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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. 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) This Site Plan Special Permit is conditional upon final approval from the Zoning Board of Appeals for dimensional Variances from the following: a) Section 7,Paragraph 7.3 and Table 2 for relief of Main and First Street front setbacks; b) Section7.3 and Table 2's Footnote 2 for relief from the requirements for an open and green landscape buffer; c) Section 8, Paragraph 8.1 (Off-Street Parking); and d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts). 11) All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 12) For all current and future uses within the plaza facility,the hours of operation will be during the hours of 7 a.m. to 11 p.m. seven days per week. The hours of operation of proposed kiosk will be 24 hours seven days a week. 13) 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. 14) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15) Gas, Telephone,Cable and Electric utilities shall be installed underground as specified b h �' the respective utility companies. p y 16) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17)No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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) All snow storage is to be removed from the site within a seventy-two(72)hour period. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes with parking and access on the Property. 20) Tenants shall use diligent efforts to retrieve shopping carts from the common areas and return them to the designated areas specified by the owner. Project Owner will ensure that best efforts shall be made by all tenants to prevent the use of its shopping carts in the center from interfering with the use of the parking lot. Present and scheduled removal must be complied with in order alleviate safety concerns. 21) The fourteen parking spaces located at the rear of the proposed building addition shall be designated as employee parking. 22) Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m. and 11 p.m. seven days a week.Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,removal and pickup operations are being conducted. Noise suppression and screening systems for the rooftop mechanicals,shall be constructed in accordance with the Plans. 23) 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. 24) This Special Permit approval shall be deemed to have lapsed after May 1, 2009 (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. 25) This Decision supersedes in its entirety,the Planning Board's Site Plan Approval Special Permit Decision, dated May 12, 1986, as revised by Site Plan Modification, dated November 20, 1989. 26) Due to the absence of additional related parking,no new restaurant use shall by be permitted on the site without review by the North Andover Planning Board to determine if sufficient parking exists. The current 2,000 square foot restaurant footprint will be allowed as long as this decision is in full force and effect. 27) The following information shall be deemed part of the decision: Plan Titled: Site Plan Review& Special Permit Application Plans For: Messina's Shopping Center,North Andover,Massachusetts Prepared For: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Prepared By: Marchionda&Associates, LP 62 Montvale Avenue, Suite One 9 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Stoneham,MA 02180 Scale: 1"=20' Date: October 31,2006,Revised 12/5/06, 1/17/07,4/9/07,and 4/12/07. Sheets: C-1 through C-5,L-1 through L-3, Ex1.1,Ex 1.2, Ex2.1,Al.1,A1.2,A2.1,and A2.2. Plan Titled: Site Preparation Plan Prepared By: Huntress Associates,Inc. Landscape Architecture&Land Planning 17 Tewksbury Street,Andover,MA 01810 Pages SP-1, L-1,L-2,L-3 Date: Date March 7,2007 Revised 4/9/07,4/12/07. 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 Engineer File C •w: CD F k q 10 vkORTh O �To •7ti �� •' r '•°o Town of North Ando �', -I� o A '� � t Office ' the PDep �' ��, .; . of Planning artme. Community Development and Se nt r1Wj)jgiQjp: 05 '5+CHUS` 1600 Osgood Street North Andover, Massachusetts 01 ' NOTICE OF DECISIO''' Any appeal shall be filed Bldg. ZBA within (20)days after the Con/Com Health date of filing this notice in Fire Chief Police Chief the office of the Town Clerk. Town Clerk DPW/Engineers Date: May 179 2007 Date of Hearing: 3/6/07,4/3/07,5/1/07 Date of Decision: May 19 2007 Petition of: San Lau Realty Trust 109 Main Street,North Andover,MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the Business Zoning District,Assessors Map 28,Parcel 48. General Referring to the above petition for a Site Plan Special permit from the requirements Andover Zoning Bylaw, Sections 8.3, 10.3, and 10.31 and MGL C.40A,S c. 9 of the North So as to allow: the renovation and reconstruction of the existing retail sho in center pP g ("Messina Plaza") totaling 52.198 s.f, construction of a 208+_ s•f kiosk, drive-through facilities, parking, utilities, walkways, site lighting, landscape improvements, and other improvements within the General Business Zoning District. After a public hearing given on the above date, the Planning Board voted unanimous) to APPROVE A SITE PLAN SPECIAL PERMIT based upon the following conditions: y North Andover nnin Richard Nardell a, Chairman oa d John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek Tim Seibert, Alternate cc: Town Departments Applicant Engineer . Abutters Site Plan Special Permit May 1,2007 Upon a motion from John Simons and 2nd by Alberto Angles, the Planning Board herein 4pproves the Special Permit/Site Plan Review for the renovation and reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52.198 s.f, 208 s.f.Kiosk,accessory drive-through facilities,parking,utilities, walkways, site lighting, landscape and other improvements shown on the "Plans"as defined below. The project is located in the General Business Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 28, Parcel 48, and consists of approximately 145,893 s.f.(3.348 acres)of land with frontage on Main Street, School Street and First Street.The Special Permit was requested by the Applicant, San Lau Realty Trust, 109 Main Street,North Andover, MA 01845.This application was filed with the Planning Board on January 19,2007. 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 required as findings g 1eq 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: 3) 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 those zones. Specifically the General Business District permits both"retail stores and wholesale stores,as well as"restaurants,dining room or lunch room". (Section 4.131.1. and 4.131.5 of the Town of North Andover Zoning Bylaw]. Presently,the site contains approximately 52.198 square feet of retail,restaurant,grocery,and professional office space. The project as proposed will not substantially increase the size of the existing building or provide for significant change of use. Further,the site will operate generally consistent with the existing site conditions,with a substantial improvement to the architectural facades,walkways, parking layout,traffic circulation and design,lighting,and landscaping. I 4) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings and screening depicted on the roved lana . pp referenced herein,rein,shall remain in perpetuity over the life of the project. a. Frontage of Proposed posed Development: Extensive landscaping has been provided along the perimeter of the site fronting Main Street,First Street,and School Street. The landscaping has been placed so as to enhance the downtown character,improve the visual streetscape elements, and soften the impact of the parking area supporting the retail plaza from Main Street and First Street. 1. Shade Trees: There will be a total of eight(8)Little Leaf Linden trees(2.5-3 inches in caliper)and a total of two(2)Callery Pear trees(2.5-3 inches in caliper). 2. Ornamental Trees: The ornamental trees include a total of three(3)Shadblow Serviceberry 2 Y121)L5,Parcel48 Site Plan Special Permit May 1,2007 trees(which will range between 8-10 feet in height),and a total of three(3)Heritage River Birch(clump)(which will range between 10-12 feet in height). 3. Shrubbery: A large amount of shrubbery has been dispersed an the shade and ornamental trees that includes a total 1 of twent -seven 2 range between 2-2.5 feet in height),a total of eighty-two(82)Sargent gent Juniper((which ang n will between 15-18 inches in height),and a total of eighteen(18)Boule De Niege Rhododendrons (ranging between 2-2.5 feet in height),and a total of ninety-three (93)Inkberry shrubs (ranging between 18-24 inches in height). 4. Perennials: A large amount of perennials have been dispersed between the shade and ornamental trees that include a total of two-hundred (200)Black Eyed Susan plants,and a total of two-hundred(200)Daylily plants. b. Residential Abutting Property: Special care has been taken to carefully screen all residential abutting property directly across from the proposed development. 1. Specifically,landscaping facing the residential properties located across from the drive- through facilities from Assessor's Map 29,Lots 6& 14,and Assessor's Map 18,Lots 44& 70 which includes the following:three(3)Heritage River Birch(ranging from 10- 12 feet in height),two(2)Little Leaf Linden(ranging between 2.5-3 inches in caliper),twenty-four (24)PJM Rhododendrons,and a forty-two(42)inch post and rail fence. 2. Specifically,a 6-foot vinyl fence along the entire rear boundary in front of the residential property Assessor's Map 18,Lot 0. 3. Specifically,landscaping along the southern comer where additional plantings were provided across from the residential properties Assessor's Map 30,Parcel 5 and Assessor's Map 19, Parcel 9 which include the following:four(4)Callery Pear(ranging between 2.5-3 inches in caliper)and twenty-nine(29)Eastern Red Cedar(ranging from 5-6 feet in height. 5) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot design and access/egress drives provide for adequate internal and external traffic flow, safety,and sufficient pedestrian connections throughout the project,and will not result in a significant increase in vehicle trips from the site. 6) The landscaping approved as a part of this plan generally meets the requirements of Section 8.4 of the North Andover Zoning Bylaw,except as described in Para sought a variance described in a separate petition currently 8 below for which the Applicant has y pending before the Zoning Board of Appeals.Notwithstanding the variance petition,the Planning Board has determined that the site plan meets the spirit and intent of Section 8.4 of the North Andover Zoning Bylaw. See Finding#2 for further detail on the landscaping plan; 7) The site drainage system has been reviewed by the Outside Consulting Engineer,Vanasse Hangen Brustlin,Inc. No significant changes are proposed for the site regarding drainage facilities or impervious areas. 8) 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. 9) Adequate and appropriate facilities will be provided for the proper operation of the proposed use,and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water,sewer and utilities on the property to adequately address the needs of the project. Furthermore, the redesign and reconstruction of the retail plaza contains architectural 3 Map 28, Parcel 48 Site Plan Special Permit May 1,2007 elements and treatments that are present in traditional town centers and improves the aesthetic - integrity of downtown North Andover. The storefronts and side facades contain numerous pedestrian scaled elements that provide for improved visual and physical access to the goods and services within the plaza. The project also contains a tasteful lighting plan throughout the site to enhance the pedestrian village feel of the project and downtown area while maintaining sufficient lighting to protect the health and welfare of residents. Finally, the Applicant incorporated visual buffering and sound dampening measures for the roof utilities to help mitigate the impact on the neighboring residential properties. 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 145,893 s.f. parcel of land with frontage on Main Street,First Street, and School Street,as shown on Assessors Map 29,Parcel 48,and also known as 109-123 Main Street,North Andover,Massachusetts. I b) The"Plans"refer to the plans prepared by Marchionda&Associates,LP, 62 Montvale Avenue, Suite One,Stoneham,MA 02180,dated October 31,2006,Revised 12/5/06, 1/17/07,and 4/9/07, entitled"Site Plan Review& Special Permit Application Plans For.Messina's Shopping Center, North Andover, Massachusetts C-1 through C-5,L-1 through L-3,Exl.l, Ex 1.2,Ex2.1,A1.1, A1.2,A2.1,and A2.2. c) The"Project"or"109-123 Main Street"refers to reconstruction of the existing retail shopping center(referred to as"Messina Plaza")totaling 52.198 s.f,208 s.f. kiosk,drive-through facilities, parking,access/egress ess dri . gh i sties g gr drive,utility,walkway,site lighting,landscape and other improvements shown on the Plans. d) The"Applicant"refers to San Lau Realty Trust,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. f) Landscaping is to be planted on hill in front of property located at 22 School Street in accordance with the Landscape Plan. g) All artificial lighting used to illuminate the parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls substantially within the parking, loading or driveway area,and shall be shielded or recessed so as not to shine upon abutting properties as demonstrated on the Photometric Plan. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who 4 I I .iaPza,rarcel43 Site Plan Special Permit May 1,2007 shall be chosen in consultation with the Planning Environmental Monitor must be available upon our(4)hours notrce to i evelopment S s ect the s'f The Planning Board designated ofth the ficial. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. p ch PP 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 The construction monitor shall make weekly inspections he site lof the project th the d file montBoard hly official. Planning Board throughout the duration of the project. The monthlyr y reports to the compliance and actions taken to resolve such issues.Thee reports shall detail areas of non- and/ordeveloper. The weekly inspections and monthlygrated monitor may not be applicant shall include the following: reports provided to the Planning Department a) Site clearing; b) Erosion control; c) Drainage and detention structures; d) On-site water and sewer utilities; e) Parking spaces and related pavement; fl Curb cuts; g) Retaining walls; h) Site screening, landscaping and street trees; i) Site restoration; j) Final site cleanup; k) The Pharmacy dumpster 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 Department of Public Works for review and approval. Written confirm approval by the Department of Public Works ation of said review and must be submitted to the Planning Department. c) A bond in the amount of fifteen thousand($15,000)dollars must insuring that a final as-built plan showing the be posted for the purpose of 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. d) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 5 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 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 mating must be held with the developer, their construction employees, Planning Department, Buildingy eP Department, Town �P , En scheduling of inspections, the construction schedule, ��' and Police Department to discuss and the process/method of info the public of the anticipated activities on the site. The applicant will also discuss the trgaffic mitigation and any possible road closures, which may occur as a t of the construction. The applicant will coordinate with the North Andover Police Departmeentlifthe co traction of the project necessitates Police traffic details. Minutes of the mating must be submitted to the Planning Board prior to the start of construction. e) The developer shall provide the Planning Board with copies ofis 1 1� � 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 an and all revisions resultingg Y from said permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 27. 6) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT: a) Three(3)copies of the signed,recordedlans must st 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. 2. The fire lane located behind the portion off the building running parallel with School Street shall be striped as a Fire Lane in accordance with Fire Department specifications. 8 napca,rarcel48 Site Plan Special Permit May 1,2007 7) DURING CONSTRUCTION: a) During construction,the site must be kept clean and swept re Process. Dust mitigation,dewatering and roadway cleaning regularly be performed Weeeicly�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 to mitigate potential impacts to Lake Cochichewick. Any stockpiles to remain for longer than one week must be fenced off and be seeded. c) In an effort to reduce noise levels,the developer shall keep in optimum working ordergh ,throu regular maintenance,any and all equipment that will emanate sounds from the structures r site. d) The Town Planner will perform bi-weekly inspections ure of the site during construction to ens 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 staring that the building,landscaping,lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by he Planning Board. Alternatively,the Applicant and/or property owner may provide a bond,determined by he Planning Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit he 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 soas not to shine upon abutting properties or streets. The Planning Staff shall review the site lighting plan. Any changes may be reasonably required by the Planning Staff shall be made at the owner's ex ed lighting plan as ense.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 of this decision as endorsed by the Planning Boardend ,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. c) The commercial fire sprinkler systems must be installed in accordance with referenced NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Build idg 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 North Andover Building Department to the applicant. The Applicant must hen v de his e 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 si Any signage plans must conform to Section 6, Signage and Outdoor LightingRegulationsaals only. of the 7 Ivil Site Plan Special Permit May 1,2007 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. 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)This Site Plan Special Permit is conditional upon final approval from the Zoning Board of Appeals for dimensional Variances from the following: a) Section 7,Paragraph 7.3 and Table 2 for relief of Main and First Street front setbacks; b) Section7.3 and Table 2's Footnote 2 for relief from the requirements for an open and green landscape buffer; c) Section 8,Paragraph 8.1 (Off-Street Parking); and d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts). 11)All site work and external construction activity shall be limited to between 7:00 a.m.and 7:00 p.m. Monday through Friday and between 8:00 a.m.and 5:00 p.m.on Saturday. 12)For all current and future uses within the plaza facility,the hours of operation will be during the hours of 7 a.m. to 11 p.m.seven days per week. The hours of operation of proposed kiosk will be 24 hours seven days a week. 13)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. 14)The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 15)Gas,Telephone,Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 16)No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 17) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 8 —ap (.o,rarcel45 Site Plan Special Permit May 1,2007 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) All snow storage is to be removed from the site within a seventy-two(72)hour period. The Owner will haul any required snow off-site to the extent that such accumulated snow interferes with parking and access on the Property. 20) Tenants shall use diligent efforts to retrieve shopping carts from the common the d ar and esignated areas specified by the owner. Project Owner will ensure that besteefforts shall them to made by all tenants to prevent the use of its shopping carts in the center from interfering with the use of the parking lot. Present and scheduled removal must be complied with in order alleviate safety concerns. 21) The fourteen parking spaces located at the rear of the proposed building addition shall be designated as employee parking. 22)Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m. and 11 p.m. seven days a week.Trash pickup from the dumpster shall be limited to between the hours of 7:00 am to 9 pm., seven days a week. The dumpster and dumpster enclosure shall remain closed except when trash deposit,removal and pickup operations are being conducted. Noise suppression and screening systems for the rooftop mechanicals, shall be constructed in accordance with the Plans. 23) The Planning Board requires that the project be built in accordance with the herein referencedp lans 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. 24) This Special Permit approval shall be deemed to have lapsed after May 1,2009 (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. 25)This Decision supersedes in its entirety,the Planning Board's Site Plan Approval Special Permit Decision,dated May 12, 1986,as revised by Site Plan Modification,dated November 20, 1989. 26)Due to the absence of additional related parking,no new restaurant use shall by be permitted on the site without review by the North Andover Planning Board to determine if sufficient parking exists. The current 2,000 square foot restaurant footprint will be allowed as long as this decision is in full force and effect. 27)The following information shall be deemed part of the decision: Plan Titled: Site Pian Review& Special Permit Application Plans For: Messina's Shopping Center,North Andover,Massachusetts Prepared For: San Lau Realty Trust 109 Main Street,North Andover, MA 01845 Prepared By; Marchionda&Associates, LP 62 Montvale Avenue, Suite One 9 ra—pls;Farce-[as Site Plan Special Permit May 1,2007 Stoneham,MA 02180 Scale: I"=20' Date: October 31,2006,Revised 12/5/06, 1/17/07,4/9/07,and 4/12/07. Sheets: C-1 through C-5,L-1 through L-3,Exl.l,Ex1.2,Ex2.1,ALL,A1.2,A2.1,and A2.2. Plan Titled: Site Preparation Plan Prepared By: Huntress Associates,Inc. Landscape Architecture&Land Planning 17 Tewksbury Street,Andover,MA 01810 Pages SP-1,L-1,L-2,L-3 Date: Date March 7,2007 Revised 4/9/07,4/12/07. 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 Engineer File o •� may. '�"•A rel"7 Vl 10 c'Y 91 1, Town of North Andover Bw-Clerk Time St—P ZONING BOARD QF APPEALS q RECEIVE S or—InC �t ' r t Albert P.Manzi K Esq.Chairman11 Ellen P.McIntyre, Trice-Chairman 14 Ali Richard J.Byers,Esq.Clerk Joseph D.LaGrasse David R. Webster tl Associate Members Thomas D.Ippolito Richard M.Vaillancourt C Daniel S.Braese,Esq. This is to ow*that twenty(20)days have elapsed from date Of decision,filed of an appeal. Any appeal shell be filed Within Noticea(Decislon without filing Datesz:� v,, (20)days after the date of filing Year 2007 Joyce A.Bradshaw Of this 11060C in the office of the Town Clark Town Clerk,per Mass,Gen.L ch. 40A, §17 Property it I09-123 Main Street NAME: San Las Realty Trust HEARINGS: March 13,&April 10,2007 109 Main StW VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center) &2007-004B Oposli) North Andover,MA 01845 TYPING DATE: May 15,2007 By virtue of its authority under Mass G.L.Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws-),the North Andover Zoning Board of Appeals(the Board-)held a public hearing at its regular meeting in the Town HAH top floor meeting room, 120 Main Street,North Andover,MA an Tuesday,March 13,2007 at 7:30 IPM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North An"w,MA for premises at 109-123 Main Strod(map 29,Lot 48)(the"Property")for certain dimensional variances as further described below.On or about February 15,2007,the Petitioner,Sao Lau Realty Tnst(the"Petitioner")filed two separate variance petitions affecting the P"xxty with the Zoning Board of Appeals and Town Clerk sodang dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center(Umn Pla2A")holing 52,406 s4 including the construction of a 208+/-Lf kiosk,drive-through facilities, parking improvements,utilities,walkwaA site lighting,landscape WVr*vements,and other improvements within the General Business(08)Zoning District(the"Project") Based upon the Building buillector's denial letter,dated Fdxmy 14,2007(the"Denial Letter"),dimensional variances are required from the Zoning Bylaw in order to=L4W the Ptoject. The first variance petition requested relief firms:(a)Section 7,Paragraph 73 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced fiod setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Mamsional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the ren line which is generally consistent with existing conditiow,(c)Section 8.1(Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements,and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for vaned screening and lautiscliping requirements lbroff-stroet parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as defted below(the-Shopping Center FeddW) The second variance petition requested dimensional variance from:(a)Section 7 Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 9.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front seftcks and related screening along Main Street and First Street U)en"the Petitioner to construct a kiosk of aMoximately 208 s.f in size,all as shown on the"Site Plans,"as defined below the 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-wwwtownofnorthandover.com "Kiosk Petition"). The Stropping Center Petition and Kiosk Petition,were filed in connection with the Petitioner's plan to renovate the existmg Messina's Shopping Cenr,along with parking lighting, landscaping and other improvements(the`Project")as down on the"Site Plan''(as defined below)on a Prod of land known and numbered as 149-123 Main Suet,ung of approximately 145,893 square feet of land,and designated on the Town.of North Andover Assessors Maps as Map 29,Let 48 (collectively,the"Property"}. The Property is located in the General Bumess(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filet with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plane along with various supplemental memoranda and correspondence in response to requests by the Zoning Board of Appeals and by the various duets within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence ce ane contained m the Zoning Board of Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hcariW was published in the F&*Trr`buzne.a newspaper of tlemal circulation in the Town of North Andover,on February 26,2447 and March 5,2047,was posted m a conspicuous place in Town M;and was mailed,postage prepaK to all interested parties as certified by the Board of Assessors Office in conformannce with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 pm.in the second floor meeting room at Town I tall, 120 Main Street,North Andover,Massaelws tts. A continued session of both public hearings was held on April 10,2446. On April 10,2047,the zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Cel Petition and the Kw*Petition,as more fully described below. Based upon the following findings,a motion was made by Richard L Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional.variances for the Project described in the Shopping Center Variance Petition,including the requested relieffrom:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the front setback along Main Street,and to allow for relief of ten (10')feet,three(3")inches from the hot setback along First Street only with respect to the drive4hrough hcilities,but the remainder of the prod building will comply with the 25 foot setback requirement along First Street (b)Sections 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a 154M greet area abutting the rear property line which is generally consistent with existing motions but additional screening has been added to pnMde for greater buffering capacity for the rear yard. Nate that the Property will otherwise comply with the 50-1oci rear yard building setback requirement;(c)Seco 8.1(Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 258 parking mss,along with other variances from Section 81 such as aisle widths to enable improved cdreubtim within the parking lot,all as more particularly shown on the"Site Plans";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requivennents for screening and landscaping of oft'-street poking in order to accommodate the raised site design for renovations to the Mesnssina's Shopping Center to enable the Petitioner to install landscaping,smuning,lighting and other improvements within the off-s hvet parking areas,all as shown on the"Site Planes='as defined below,and subject to the condmons described below: Based upon the following findings,a second motion was trade by Richard I.Byers,seconded by David R.Webster,and the Board unanimously voted to gram the request of the Petitioner for dimensional variances for the proposed kiosk dmibed,in the Kiosk Potion,including the requested relief fiom:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet f om the front setba&along Mai,Street,and to allow for relief of sixteen(16')feet from the from setback along First Street front yard to allow for the construction of a bock where 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Stied Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in all as shown on the"Site Plans"as defined below,and subject to the conditions described below. FINDINGS Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Byhws and Section 10 of MGL c.40A"where the Board finals that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant,and that denirable relief may be granted without substantial detriment to the Public good and without mdlifymg or substantially derogating from the intent or purpose of this Bylaw" Accordingly,based upon the u oration submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such lanai or structures but ural affecting generally the General Business zoning district in which the Property is located. In particular,the site has been used as a retailloffice/grocery hdhty for over 40 years. The Petitioner is simply seebtig to renew and upgrade the long-established uses at the building by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980x. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. Dae to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parldog as pvssrble,and to respond to Town planning recommendations to attempt to locate improvements along Main Street. The proposed building improvements are in substantially the sane footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be loud in the proposed configuration in order to maintain the virility this shopping center. Moreover,while the Proposed Project will require the requested variance relief the Project in certain cinvmstanaes results in a decrease in non-conformity with the Zoning Bylaw. For elle,the entire length of proposed portion of the building along First Street(except for the prescriptiondrive-thraigh facilities)will comply with the 25 foot setbacdC requirement where the existing building is set back lei than 22 feet. Further,because of the odd shape of the lot,any improvements on the Property must be genially moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required fi+ont yard setbacks,rear yard buffer, parking requinnts,as well as landscaping and ming requirements under the Zoning Bylaws. How wer,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. Thu to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with=sting zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would mvohve substantial hardship,finnandal or oMeMse,to the Petitioner. With respect to the tonal,parking and other requested variances;the Petitioner's dosed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofuorthandover.com building size and/or eliminate the kiosk structure,which would materially impact the finariciat viability of the site as a shopping center.The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Ceuta of the Town within the General Business Zone,and without the requested variance relief the redevelopment of which will new be economically practice for the reasons stated above and as fiutha described in the public record. The conditions causing this hardship are not particular to the Petition,but would be encountered and would need to be dealt with by any person who woddd undertake the development of this Property. Moreover,the desired zoning relied'will cense no detriment to the public good far the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance ndgibashood aesthetics and set the standard for fixture redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, gaping and screening will be substantially improved along the front and rear yards from existing conditions,and the Project will result in a net increase in landscaping. Fourth,although the required parking will net comply with current poking requirements,the parking did comply with the 8.1(Off.Street Parking)regulations for the General Business(GB)Zoning District in effacx when the Planning Board issued a Site Plan AppvM Decision for the Property in 1986. The parking provisions in effect at the time of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. Thetethre,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and surrounding area. Fifth,the proposed improvements will in fact substantially improve safety on-and off- site due to improved aisle configuration and trafc cinnlation patterns. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and lighting,enhanced traffic circulation,and a more attractive building design. CO"MONS OF APPROVAL The Hoard finds that the Shopping Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the followinng conditions: 1. The Project shall be constructed on the Property in accordance dance with the plans described below and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street 29,Lot 48 ,North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Marked, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North Andover MA Date(&Revised Dates) February 12,2007,Rev.March 13 2007 R_P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1 Scale 1'=40' Plan Title: Site Flan Review&Special Permit Application Plans for mina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Trust, 109 Maio North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9/07,&4/127. Sheet/Drawing: C-1throaffiC-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 T Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Sheet/Drawing: SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21 2006 Larmary 17 2007,April 28,2007 Sl�et/Drawin : Exl.1,Ex1.2,Ex2.I Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the screening Of residential properties as dFsc ilW in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Fad 4b.,Special Conditions lg.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks making deliveries to the property shall damply with all applicable federal and state laws and regulations governing engine idling,including but not limited to Mass.Gen L.lob.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty")and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede in its entirely,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board o£Appeals Variance Decision(Pe ition No.91-88),dated October 16, 1987, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Naso: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of MG.L.c.40A,this decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance auftr Spacial Permit as requested by the applicant does not necessarily ensure the granting of building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings- Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be m established only alter notice,and a new hearing. Furtherniore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established after notice,and a new hearing. P.A"L-" Norih Andover Zoning BDard of Appeals Ellen P.Mchth e, Hce CUmwn Richard L Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-MA&2007.004B. M29P48. 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.towiiofnordmdover.com Town of North Andover wn Clerk Time Stamp ZONING BOARD OF APPEALS RF-CF-IV E Albert P.Manzi III,Esq.Chairman Q f NORrk RR Ellen P.McIntyre, Vice-Chairman at? •'`;+ '�•• o� * Richard J.Byers,Esq.Clerk Joseph D.LaGrasse Cc:a David R Webster *� • �► �`} ` ' Associate Members *,�• °" " • ' Pali AIG T-j� . � C'U' Thomas D.Ippolito �s$�eEt S S A Richard M. Vaillancourt Daniel S.Braese,Esq. Any appeal shall be Sled within Notice of Decisiana (20)days after the date of filing Year 2007 of this nrotioe in the office of the Town Cleric,per Mass.Gen.L.ch. 40A, §17 Property at: 109-123 Main Street NAME: San Lau Realty Trust HEARINGS: March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-N4A(Shopping Center) &2007-MB North Andover,MA 01845 TYPING DATE: May 15,2007 By virtue of its authority under Man.0 Chapter 40A and the Zordng Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the "Board")held a public hearing at its regular meeting in the Town Hail top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions Of San Lau Realty Trust, 109 Main Street,North Andover,MA for premises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as firrther described below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the"Pctitione")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk socking dimensional. variances to allow:the renovation and reconstruction of the existing retail shopping center C"Messina Plaza")totaling 52,406 s.�including the construction of a 208+/s.L kiosk,drive-through facilities, parimig improvements,utilities,walkways,site lighting,budscape improvements,and other improvements within the General Business(GB)Zoning District(the"Pm)ect"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"),dimensional variances are required from the ZmIng Bylaw in order to construct the Pwject The Srst variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requirts)of the Zoning Bylaws to allow for reduced front sus along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-1oot green area abutting the near properly line which is generally consist with existing conditions;(c)Secbm 8.1 (off-Street Parking)of the Zoning Bylaws to allow for reduced parking require;and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messtna's Shopping Center,all as shown on the"Site Plans,"as damned below(the"Shopping Center PetrhW). The second variance petition requested tonal variance firma:(a)Sectimr 7,Paragraph 7.3 and Table 2(Summary of Dim Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Inial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and FirstStreet to enable the Petitioner to construct a kiosk of approximately 208 s.f.in size,all as shown on the"Site Plans,"as defined below(the 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com "Kiosk Petition"). The Sing Center Petition and Kiosk Petition were filed in connection with the PditioWs plan to renovate the wasting Miessina's Shopping Center,along with parking,lighting, landscaping and other improvements(the"Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of appr+oxiinately 145,893 square feet of land,and designated on the Town of North Andover Assessors Maps as Map 29,Lot 48 (collectively,the"Property") The Property is located in the General Business(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along with vary supplemental memoranda and correspondence in response to requests by the Zoning Board of Appeals and by the various departments within the Town of North Andover that reviewed the project. All of these plats,reports and correspondence are eonvined in the Zoning Board of Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hearings was published in the Egk_Tribune.a newspaper of gyral circulation in the Town of North Andover,an February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 gm in the second ft"meeting room at Town Hall,120 Main Street,North Andover,Massachusetts. A continued session of both public hearings was held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public firings and on May 9,2007,the Board unanimously voted to grunt the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard I Byers,seconded by David R. Webster,and the Board u aunnously voted to grant the request of the Petitioner for dimension9 variate for the Project described in the shopping Center Variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the from setback along Main Street,and to allow for relief of ten (10')feet,three(3")rhes fimn the from setback along First Street only with respect to the drive through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions but additional screening has been added to provide ler greater buffering opacity for the rear yard. Note that the Property will otherwise comply with the 50-1oot rear yard building setback Wit;(c)Sects 9.1(O -Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 258 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved moons within the parking lot,all as more particularly shown on the"Site Plans";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and 1ndustrial Districts)of the Zoning Bylaw to allow fon relief fiom the requirements for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,ming,lighting and other improvements within the off-street parking areas,all as shown on the"Site Plans"as defined below,and subject to the motions described below Basad upon the fallowing findings,a second motion was made by Richard I.Byers,seconded by David R.Webster,and the Board unanimously voted to grant the request of the Petites for dimensional variances for the proposed kiosk described in the Kiosk Pion,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback along Main.Street,and to allow for relief of sixteen(16')feet from the front setback along First Street how yard to allow four the construction of a kiosk where 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massmhusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and industrial Districts)of the Zoning Bylaws to allow for reduced fiont setbacks and related screening along Main Street and First Street to enable the Petitioner to constW a kiosk of approximately 208 s in size, all as shown on the"Site Pians"as defined below,and sutect to the conditions descrilW below. FINDINGS Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 14.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board fends that owing to circeunshmm relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affec tug the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve mbs=tW hardship,financial or otherwise, to the petitiow or applicant,and that desirable relief may be granted with substantial detriment to the public good and without iwllifying or smbstaatiatly derogating from the intent or purpose of this Bylaw" Accordingly,based upon the information submitted as part of the public record,tyre are dromstanees relating to soil conditions,shape,or topography of the land or shumires and especially affecting such land of structures but not affecting generally the General Business zoning district in which the Property is looted. in particulaar,the site hes been used as a retaWoffiicetgrocm facility for over 40 years. The Petitioner is supply seeming to renew and upgrade the long-established uses at the branding by the uisW anon of new,modern facilities in a manner generally consistent with prig upgrWe and meds rnizationn efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1941. Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed confgV nation in order to both maintain as much paddng as possible,and to respond to Town planning recomtmend-. to attempt to locate improvements along Main Street. The pry building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the ict,and in particular,to the rear of the lot,the proposed building renovations musk be looted in the p ied configuration in order to maintain the viability this slopping center: Moreover,white the proposed Project will require the rapes variance relief;the Project in certain circumstances results in a decrease in non-conformity with the Toning Bylaw. For eattple;the entire length of the proposed portion of the building along First Strom(except for the prescription drive-through facilities)will aampiy with the 25--1oot setback requirement where the existing building is set back los than 22 feet. Furthef,because of the odd shape of the lot,any improvements on the Property must be germratly moved and relocated closer to the cenux of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required front yard setbacks,rear yard buffer, parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the improvements shown on the Site Platte have been redesigned to substantially increase ming and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffer m& Due to the relatively odd shape of this lot which is bordered by three stns,it would be poor design and possibly impact safety to crowd all the proposed itmpmvements together toward the center or the fiout of the lot in order to cemlY with existing zoning requirements. in addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or wise,to the Petitioner. With respect to the ditnensional,parking and other requested variances;the Petitioner's proposed improvements could to be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the PdWow would have to substantially reduce 3 1600 Osgood Street,Building 20-mite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiorthandover.com building size and/or eliminate the kiosk suture,which would materially impact the financial viability of the site as a shopping center.The site would otherwise be an underutilized site looted on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relief,the redevelopment of which will new be economically practicable for the reams stated above and as further described in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the desired zoning relict will cause no deuimertt to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance nmghbor"aestitetics and set the standard for fidture redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, landscaping and screening will be substandally improved along the front and rear yards from existing conditions,and the Project will result in a net increase in landscapm& Fourth,although the required parking will not comply with current pocking requirements,the parking did comply with the 8.1(Off-Street Parking)regulations for the General Business(GB)Zoning District in effect when the Planning Board issued a Site Pian Approval Decision for the Property in 1986. The parking provisions in effect at the time of the 1986 Site Plan Approval Decision provided that"F.stablishtnents located within 350 feet of a municipal parking lot shall have 50 percent of the required number of perking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for apprwdmately the same amount of building square footage as currently existing. Therefore,the proposed Project will not generate impacts to existing traffic levels or increase ern in and around the Property and surrounding area. Fifth,the proposed improvements will in fact substantially improve safety on-and off- site due to improved aisle configuration and traffc circulation patterns. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and lighting,enhanced traffic circ ,and a trove attractive building design. CONDMONS OF APPROVAL The Hoard finds that the Shopping Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in accordance with the plans described below and collectively,the plans referenced in this Condition No. 1 shall hereinafter be rcknvd to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street aft 29,Lot 48),North Andover MA 01845 Site Plan Title: Variance Plan„Messina's Market,109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North An�ver MA Date(&Revised Dates) F 12,2007,Rev.Match 13,2007 R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 S Sheet 1 of 1 Scale 1'=40' Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner:San Lau Trust, 109 Main S North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Registered Professional John Barrows,,P.E.#40052,Marchionda&Associates LP, En Sineff 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5!06, 1/17/07,3/14/07,4/9/07,&4/12/07. Sheet/Drawing: C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,HmW ss Associates,Inc., Widscape Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Drawing: SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,J 17 2007,April 28,2007 Sheet/Drawin : Ex1.1,Ex1.2,Ex2.I Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as desc i1W in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Fad 4b.,Special Conditions 1g.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the w"irements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Contrition#22. 4. Trucks making deliveries to the property shall comply with all applicable federal and state laws and regulations governing engine idling,including but not limited to Mass.Gen.L.ch 90,§16A("Stopped motor vehicles,operation of engine;time limit,penalty")and applicable EPA regulations on trw*engine idling. 5. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004$,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.hely 17, 1984),issued to San Lan Realty Trust,and recorded with the Essen North District Registry of Deeds in Boric 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(PWtion No.9148),dated October 16, 1987, issued to San Lan Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M.G.L.c.40A,this decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as regcested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions comamed herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was graved unless santial use or construction has commenced,it shall lapse and may be re-establishedafter notice,and a new hearing. Norffi Andover Zoning Appeals Ellen P.McIntyre, Vice Chairmen Richard L Byers,Esq.,Clerk Joseph D.LaGrasse Aswdate Members Thomas D.Ippolhct Decision 2007-MA&2007-004B. M29P48. 5 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 AndoverClerk Time Stamp ZONING BOARD OF APPEALS RE C NE = � 6#i t. Albert P.Manzi L0SQts,Esq.Chairman o� t+ORTM�Me;, Ellen P.McIntyre, l ice-Chairman �� •'`r- juM AM Richard ` Byers,Esq.Clerk Joseph D.LaGrasse _° 1 David R.Webster Associate Members 's �«$ice.�+ � �().�T Thomas D.Ippolito sswC Richard M. Vaillancourt Daniel S.Braese,Esq. Any appeal shall be filed within Notice of Decision (20)days atter the date of filing Year 2007 of this notice in the office of the Town Cleric,per Mass Gen.L.ch 40A,§17 Property at: 109-123 Main Street NAME: San Lan Realty Trust HEARINGS: March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center) &2007-004B(Kiosk North Andover,MA 01845 TYPING DATE: May 15,2007 By virtue of its authority tinder Mass.G.L.Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Hoard of Appeals(the "Board")held a public hearing at its regular meeting in the Town Hall tap floor meeting mom, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North Andover,MA for premises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as further described below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the-Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk sedung dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406 s.t iuicltding the construction of a 209+1-s.f kiosk,drive-through facilities, parking;improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Za img District(the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"'),dimensional varlaauces are required from the Zoning Bylaw m order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced art setbacks along Main Street and First Street;(b)Seem 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions;(c)Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for educed parking requirements;and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street panrkmg to accommodate the revised site design for renovations to the ms's Shopping Center,all as shown on the"Site Plans,"as defined below(the"Shopping Center Petition"). The second variance petition requested dimensional variance titom:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimmsional Requirements);and,(b)Section 8.4(Screening and Laing Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitiouer to construct a kiosk of approximately 208 s.f.in size,all as shown on the"Sits Plans,"as defined below(the 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.to"ofiiorffiandover.com "Kiosk Petition"). The S�ppnngCenter Petition and Klodit P+etttton were fled in connection With the Petitioner's plan to renovate the existing Messina's Shopping Center,along with parking,lighting, landscaping and other improvements(the"Prajece)as shown on the"Site Plana"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square feet of land,and dempated on the Town of North Andover Assessors Maps as Map 29,Lot 48 (collectively,the"Property"). The Property is located in the General Business(GB)Zoning District as desks W in the Zoning Bylaws. The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review process,the Applicant and its pro&sdonat consultants also submitted various revisions to the plans along with various metal memoranda and corretispondenroe in response to requests by the Zoning Hoard of Appeals 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 Zoning Board of Appeals'files and are hereby incorporated by reference into the public record for this hearing. Atter Mice of the public hearings was published in the Fig Tn'bune,a newspaper of general circulation in the Town of North Andover,on February 26,2007 and Match 5,2007,was posted in a conspicaous place in Town Hall;and was mailed,postage prepaid,to all intercsted parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public parings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Halt 120 Main Street,North Andover,Massachusetts. A continued session of both public hearings was held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as , �-fully described below. Based upon the following findings,a motion was made by Richard J.Byers,seconded by David R Webster,and the Board unanimously voted to gram the request of the Petitioner for dimensional varmuces for the Project described in the Shopping Cotter Variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the fimrt setback along Main Street,and to allow for relief often (10')feet,three(3")inches Brom the fi+ont setback along First Street only with respect to the drive-through facilities,but the remainder of the proposed building will comply with the 25 foot setback retquivemem along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a 15-W green area abutting the rear property line which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Note that the Property will otherwise comply with the 50-1oot rear yard building setback requirement,(c)Se cdon 8.1(Off-Street Parking)of the Zoning Bylaws to allow far a total of 172 parking spaces where the Zoning F yl requires 258 poking spaces,along with other variances from Section 8.1 such as aide widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-strect parking in order to accommodate the revised site design for renovatiicuts to the Messina's Shopping Cerner to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas,all as shown on the"Site Plans"as defined below,and subject to the conditions desacibW below: Based Upon the following findings,a Second motion was made by Richard J.Byers,seconded by David R.Webster,and the Board unanimously voted to gram the rest of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Pte,mchding the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front sem along Main.Street,and to allow for relief of sixteen(16')feet from the front setback along First Street from yard to allow for the construction of a kiosk when 25 feet is 2 16M Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s in size, all as shown on the"Site Plans"as defined below,and subject to the conditions descn'bed below. FINDINGS Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially aff —such land or structures but not affecting the G=al Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without mtllifying or substantially derogating from the intent or purpose of this Bylaw" Accordingly,bred upon the inforudon submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the General Business zoning district in which the Property is located. In particular,the site has been used as a retailloffice/grocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the long-established uses at the b wild mg by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Hoard and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. Due to the relatively odd shape of the lot,the proposed kiosk building mast be located in the proposed conflgutwon in order to both maintain as much parking as possitk and to respond to Town planning recommendations to attempt to locate improvements along Main Street. The proposed building improvements are in substantially the same footprint area as the existing building area,and dare to the relatively odd shape of the I,and in particular,to the rear of the lot,the proposed building renovations must be located in the proposed configuration in order to maintain the viability this dapping center. Moreover,while the proposed Project will require the requested variance relief the Project in certain circumstances results in a decrease in non-conf or mty with the Zoning Bylaw. For ems,the entire length of the proposed portion of the building along First Street(except for the prescription drive-through facilities)will comply with the 25 foot setback requires where the existing budding is set back less than 22 feet. Further,because of the odd shape of the lot,any improvements on the Properly most be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required front yard setbacks,rear yard buffer, parking requirements,as well as landscaping and buffering mquirements under the Zoning Bylaws. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and ming. Due to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the ftnt of the lot in order to comply with existing zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or wise,to the Petitioner. With respect to the dimensional,parking and other requested variances;the Petitioner's proposed improvements could not be safely constricted within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Masswhusetts 01845 Phone-978-688-9541 Fax-978.688-9542 Web-www.townofiwrdmdover.com building size and/or eliminate the kiosk structure,which would materially impact the financial viability of the site as a shopping center.The she would otherwise be an utilized site looted on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relief,the redevelopment of which will never be economically practicable ft the masons stated above and as further described in the public record The conditions causing this hardship aro not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the deshod zoning relief will cause no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact updm other propertie=s within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighhood aesthetics and set the standard for future redevelopment efforts within flue downtown area.Third,although the dw landscaping boffWng requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, landscaping and screening will be substantially improved along the front and rear yards from existing conditions,and the Pre jest will result in a net increase in lamming. Fourth,although the required parking will not comply with current parking requirements,the parking did comply with the 8.1(Off-Street Parking)regulations for the General Busing(GB)Zoning District in effect when the Planning Board issued a Site Plan Approval Decision for the Property in 1986. The parking provisions in effect at the time of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required member of parking .". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. 'i<' odbre,the pressed Project will not generate impacts to existing traffic levels or i Kmm congestion in and around the Property and surrounding area. Fifth,the proposed improvements will in fact suintantially improve safety on and off- ate due to improved aisle configuration and traffic circ patterns. Lastly,the Project will obstanhally enhance the aestboda of the downtown and muround ing area due to improved landscaping and lighting,enhanced traffic mon,and a more attractive ung design CONDITIONS OF APPROVAL The Board finds that the Shopping Center Petition and the Kiosk Petition and plana submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Dooms,but that such grant of the requested relief is subject to the following conditions: 1. The Project shag be constructed on the Property in accordance with the plans desictibed below and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the "Site Plans"unless otherwise desailW in this Decision. Site: 109-123 Main Street 29,Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North Andover MA Date(&Revised Dates) February 12,2007,Rev March 13,2007 R-P.L.S. Stephen M.Melesciuc,ILP.L.S.#39049,Marcldonda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawin : Sheet I of 1 Scale 1'=40' Plan Title: Site Plan.Review&Special Permit Application Plans for.ms's Shopping Center,North Andover,Massachusetts,April 12,2007 owner:San Lau Raft Trust, 109 Main Street,North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engipw 62 Montvale Avenue Suite 1,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 1215/06, 1/17/07,3/14/07,4/9/07,&4/12/07. S C-1 dmigh C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 Tewkdxuy Street,Andover,Massachusetts 01810 Date &Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Sheet/Dmwin : SP-1,L-1 L-2 &L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006 January 17,2007,April 28,2007 Sheet0rawin : Ex1.1,Ex1.2,Ex2.1 Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shalt comply with all conditions and with special attention to the sing of residential properties as described in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Pad 4b.,Special Conditions lg.,7c.,8a&8b.,and 13. 3. Trach deliveries shall follow the regain ments of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks making deliveries to the property shall comply with all applicable federal and state laws and regulations governing ergine idling,including but not limited to Mass.Gen.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty')and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede,in its entirely,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated hue 19, 1984(Rev.July 17, 1984),iced to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as than Zoning Board of Appeals Variance Decision(Petition No.91-88),dated October 16, 1987, issued to San Lan Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note: 1.As required by Section.10.4 of the Zoning Bylaws,and Section 10 of M.G.L.C.40A,this decision shalt not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. FarthermoM if the rights aut%wized by the variance are no ommised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use of construction has commenced,it shall lapse and may be re-estabhislnech aftea ,and a new hearing. N Andover Zoningffoard of Appeals Eller P.McIntyre, Mee Chairmaur Richard L Byers,Esq.,Clerk Joseph D.LaCrosse Asweiate Members Thomas D.Ippolito Decision 2007-004A&2007-004B. M29P48. 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01 845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townoftiorthandover.corn Town of North Andover —Clerk Time Stamp ZONING BOARD OF"PEALS ,, j,R � -I, , OFFICE NORTH Albert P.Manzi III,Esq.Chairman �Q QE �,� Ellen P.McIntyre, Vice-Chairman �� .!`: *`'s �� JUN 14 A" Richard I Byers,Esq.Clerk }o Joseph D.LaGrasse ,1, ,F David R Webster +� s s Associate Members s Thomas D.IPPo lito �s "'•o•��.� � � ` s�c�a►s Richard M.Vaillancourt Daniel S.Braese,Esq. Any appeal shall be filed within Notice of Deeidw (20)days after the date of filing Year 2007 of this notioe in the office of the Town Clerk,per Mass.Gen.L.oh. 40A,§17 Property at: 109.123 Main Street NAME: Sam Lan Realty Trost HEAMGS: Marsch 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center) &2007-004B(Kiosk North Andover,MA 01845 TYPING DATE: May 15 2007 By virtue of its authority under Mass.G.L.Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the "Board")held a public hearing at its regular meeting in the Town Halt top floor meeting room, 120 Main Street,North:Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions Of San Lau Realty Trust, 109 Main Street,North Andover,MA for promises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as further d0=VVd below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk socking dmwnmsW variances to allow:the renovation and reconstruction of the existing retail shotpping anter("Messina Plaza")totaling 52,406 s.f,including the construction of a 208+/-s.f kiosk,drivc.through facilities, parking 1p lts,utilities.,mss,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District(the"Project-)• Based upon the Building lnspeewes dual letter,dated February 14,2007(the"Denial Lettee),dimensional vanaum are required frons the Zoning Bylaw in order to consunct the Project. The first variance petition requested relief fi+om:(a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow far reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional ReqUiMnents),Note#2,of the Zoning Bylaws to allow for less than a 15-1oot green area abutting the rear property line which is generally consistent with existing=Atio w,(c)Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow fon reduced perking requirements,and,(d)Sector 8.4(Screening and Landscaping Requirements for Off--Street Commercial and Indusuiai Districts)ofthe Zoning Bylaw to Mow for varied screening and budscaptag requirements for off-street parrking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as added below(the"Shopping Center Pedtooe). The second variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Lang Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow far reduced filont setbacks and related screening along Main Street and FirstStreet to enable the Petitioner to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"as defined below(the 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com "Kiosk Petition"). The Shing Center Petition and Kiosk Petition were filed in connection with the Pe itioner's plan to renovate the exiling Messima's Shopping C.enter,along with parking,lighting, landscaping and other improvements(the"Projecx")as shown on the"Site Plans"(as defined below)on a paw of land known and nurubered as 109-123 Main Street,consisting of approximately 145,893 square feet of land,and designated on the Town of North Andover Amssors Maps as Map 29,Lot 48 (collectively,the"Property") The Property is located in the General Business(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the rm aw 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 Zoning Board of Appeals and by the various departments within the Town of North Andover that reviewed the project. All of these plana,reports and correspondence are contained in the Zoning Board of Appeals'files and are hereby incorporated by reference into the public record for this hearing- After notice of the public hearings was published in the Eq*Trr'bune.a newspaper of general circulation in the Town of North Andover,on February 26,2007 and Match 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to an interested parties as certified by the Board of Assessors Office in wamnauce with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meting room at Town Hall,120 Main Street,North Andover,Massachusetts. A continued session of both public hearings was held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more finny described below. Based upon the following fin mgs,a motion was made by Richard L Byers,sawnded by David R. Webster,and the Board unanimously voted to grant the Mist of the Petitioner for dimensional variances for the Project described in the Shopping Center variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dininisional Requirements)of the Zoning Bylaws to allow for relief of three(3')fleet from the front setback along Marin Street,and to allow for relief of ten (10')feet,three(3")inches firnn the fie setback along First Street only with respect to the drive through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dinens al Requirements),Note #2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which a generally went with existing conditions but additional screening has been added to provide for greater buffering capacity for the near yard. Note that the Property will otherwise comply with the 50-1oot rear yard building setback requirement;(c)Section 8.1(Off-Strict Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 258 parking spaces,along with other variances from Section 8.1 such as aisle widths to ensue hued cimukdons within the parking lot,all as more particularly shown our the"Site Plan";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Sum Commercial and Industrial Distrxts)of the Zoning Bylaw to allow for relief from the requi omits for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street ping areas,all as shown on the"Site Plans"as defined below,and subject to the conditions described below: Based upon the following findings,a second motion was made by Richard.I.Byers,seconded by David R.Webster,and the Board unanimously voted to grant the request of the Petitioner for dural variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback along Mara Street,and to allow fbr relief of sixteen(16')feet from the front setback along First Street fivat yard to allow for the construction of a kiosk where 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Comm mial and Dial Districts)of the Zoning Bylaws to allow for reduced firont setbacks and related screening along Main Street and Fust Street to enable the Pctttoner to construct a kiosk of approximately 208 s.f in size, all as shown on the"Site Plans"as defined below,and subject to the conditions described below. FINDINGS reviewed all Having the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Duets within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Bond of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardshiR financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without snbsrantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Accordingly,based upon the information submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the General Business zoning district in which the Property is located In particular,the site has been used as a retaillofficelgrocery facility for over 40 years. The Petitioner is sharply seeking to renew and upgrade the long-established uses at the building by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible,and to respond to Town planning reoomrrrendatiorss to attempt to locate improvements along Main Street. The proposed building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the W and in particular,to the rear of the lot,the proposed building renovations must be looted in the proposed configuration in order to maintain the viability this slopping neuter. Moreover,while the Proposed Project will require the requested variance r+eW the Project in certain circumstances results in a decrease in non-cordbrmhty with the Zoning Bylaw. For example;the entire length of the proposed pontoon of the building along First Street(except for the prescription drive-thmugh facilities)will comply with the 25 foot setback requirement where the existing building is set back leas than 22 feet. Further,because of the odd shape of the lot,any improvements on the Property must be generally moved and relocated closer' to the center of the lot. The size of the remaining buildable lot area would not permit a viable being to be constructed and still maintain strict compliance with the required front yard setbacks,rear yard buffer, parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the finest and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffeting. Duce to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the froat of the lot in order to comply with existing zoning requirements. In addition,the Petition has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,parking and other requested variances;the Pedtioner s proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.tovvnofiwrffmdover.com binding size andlor eliminate the kiosk structure,which would materially impact the financial viability of the site as a shopping center.The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Cerner of the Town within the General Business Zone,and without the requested variance relief,the redevelopment of which will new be economically practicable for the runs stated above and as Author descnbed in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by may person who would undertake the development of this Property. Moreover,the desu ed zoning rdief will cam no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffering requireents will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, landscaping and screening will be saubo a dally improved along the front and rest yards from existing conditions,and the Project will result in a net inose in landscaping. Fourth,although the required parking will not comply with current panting requirements,the pocking did comply with the 8.1(Off-Street Parking)regulations for the General Business(GB)Zoning District in effect when the Planning Board issued a Site Plan Approval Decision for the Property in 1986. The parking provisions in ellbct at the time of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 fleet of a municipal parking lot shall have 30 percent of the required number of parking, .". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square Wage as currently existing. Thoe#bre,the proposed Project will not generate impacts to existing traffic levels or inemwe congestion in and around the Property and surrounding area Fifth,the proposed improvements will in fed substantially improve safety on-and off- site due to inprovgd aisle configuration and traffic circulation patterns. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area clue to improved landscaping and lighting,enhanced traffic circulation,and a more attractive building designs. CONDITIONS OF APPROVAL The Hoard finds that the Shopping Cep Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in accordance with the plans described below and collectively,the plana referenced in this Condition Nol shall hereinafter be referred to as the "Site flans"unless otherwise described in this Decision. Site: 109-123 Main Street Wap 29 Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Tnis, 109-123 Main Street,North Andoyw,MA Date(&Revised Dates) F&ruary 12,2007,Rev.March 13,2007 R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Smite 1,Stoneham,MA 02180 Sheetprawin : Sheet 1 of 1(Scale 1'=40' Plan Title: Site Plan Review&Special Permit Application Plans for:Mlawna's Shopping Center,North Andover,Massachusetts,April 12,2007 owner:San Lau Realty T 109 Main Street,North Andover,MA 01845 4 I600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Registered Professional John Barrows,P .#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date &Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9/07,&4/12/07. Sheet/Drawing: C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 Tmkstwiry Street,Andover,Massachusetts 01810 Date &Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Sheet/Drawing. SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17,2007,April 28,2007 /Drawing: I Exl.1,Exl.2,Ex2.1 Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as described in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Fact 4b.,Special Conditions lg.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks making deliveries to the property shall comply witli all applicable federal and state laws and regulations governing engine idling,including but not limited to Mass.Gem.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit penaW)and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a dem on both the Shopping Center Variance Petition 2007-004A and the Kiosk Varma Petition 2007-004B,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.91-88),dated October 16, 1987, issued to San Lan Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note: 1.As required by Section 10.4 of the zoning Bylaws,and Section 10 of M.G.L.c.40A,this decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless spatial use or construction has commenced,it shall lapse and may be mrestablislred after notice,and a new hearing. Norffi Andover Zmag-Bbard of Appeals Ellen P.McIntyre,ince Chairmmt Richard J.Byers,Esq.,Clerk Joseph D.LaGaasse Associate Members Thomas D.Ippolito, Decision 2007-MA&2007-M4B. M2 N& 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com w < Town Clerk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEAUS,PI ''. RD'S OFFICE Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, flice-chairman f ,,oRry 2007 MAY 24 FM 2: 18 Richard J.Byers,Esq.Clerk Joseph D.LaGrasse '' David R.Webster 10"IV 1} Associate Members 4L -- NORTH ASD g t Thomas D.Ippolito "�C �. ,,�* MA SACH SEs Richard M. Vaillancourt „oo Daniel S.Braese,Esq. �SswctWS�� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 109-123 Main Street NAME: San Lau Realty Trust HEARING(S): March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North AnOver,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center)& 2007-0048 ) North Andover,MA 01845 r TYPING DATE: May 15,2007 By virtue of its authority under Mass. G.L. Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Berard of Appeals(the"Board")held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lan Realty Trust, 109 Main Street,North Andover,MA for premises at: 109-123 Main Street(Map 29,Lot 48)(the "Property")for certain dimensional variances as further described below.On or about February 15,2007,the Petitioner, San Lau Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406 s.f,including the construction of a 208+/-s.f kiosk,drive4brough facilities,parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District (the"Project"). Based upon the Building Inspectoes denial letter,dated February 14,2007(the"Denial Leuee% dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15 foot green area abutting the rear property line which is generally consistent with existing conditions;(c)Section 8.1(Off Street Parking)of the Zoning Bylaws to allow for reduced parking requirements;and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as defined below(the"Shopping Center Petition"). The second variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for front setbacks and related screening along Main Street and First Street to enable the Petitioner to kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"as defined below(the"Kiosk Peti The Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to rengvate the existing Messina's Shing Center,along with parking,lighting,landscaping and other improv (the "Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 0123 Main Street,consisting of approximately 145,893 square feet of land,and designated on the Town of North Page 1 of 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townof►orthandover.coin R!CEIVEQ TO Andover Assessors Maps as Map 29,Lot 48(collectively,the" `� r# �- ' I f W t Property'). The Property is i`oca�ed fpr�e General Business(GB)Zoning District as described in the Zoning Bylaws. p� �. The Petitioner has filed with the Zoning Board of Appeals all plans and urr tie Zoning Bylaws. During the review process,the Applicant and its professional consultants also submitted various revisions to the plans along Drug with various supplemental memoranda and correspon 4 is by the Zoning Board of Appeals and by the various departments within the Town of reviewed the project. All of these plans,reports and correspondence are contained in di Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hearings was published in the Eag!Tn'bune,a newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L. Chapter 40A,the Zoning Board Of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m. in the second floor meeting room at Town Hall, 120 Main Street,North Ander, Massachusetts. Continued sessions of the public hearings were held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Basel upon the following findings,a motion was made by Richard I Byers,seconded by David R Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from: (a)Section 7, Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3)feet from the front setback along Main Street,and to allow for relief of ten(10)feet,three(3")inches from the front setback along First Street only with respect to the drive-through facilities,but the remainder of the Proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions variance from the rear yard buffer requirements to allow for less than a 15 foot buffer in the portion of the rear yard located closest to property boundary as shown on the"Site Plans",and which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Note that the Property will otherwise comply with the 50 foot rear yard building setback requirement;(c) Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas, all as shown on the"Site Plans,"subject to the plans and conditions described below: Based upon the following findings,a second motion was mete by Richard I Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from: (a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22)feet from the front setback along Main Street,and to allow for relief of sixteen(16)feet from the front setback along First Street front yard to allow for the conduction of a kiosk where 25 feet is required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"subject to the plans and conditions described below: Page 2 of 5 Site: 109-123 Main Street 29,Lot 48),North Andover, !} Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street ' Andover,MA, for San Lau Realty Trust, 109-123 Main Street,North An l _ Date(&Revised Dates) February 12,2007,Rev.March 13,2007 RP.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda& tAC U" 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawing- Sheet 1 of 1(Scale 1'=40') Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Realty Trust, 109 Main Street,North Andover,MA 01845 Registered.Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9/07,&4/12/07. Sheet/Drawing. C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Skeet/Drawing: SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221yashington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates October 21,2006,Jan 17,2007 Sheet/Drawin : Exl.l,Ex1.2,Ex2.1,Al.1,A1.2,A2.1,&A2.2. 1. The Project shall be constructed on the Property in accordance with the pians described above and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the"Site Plans"unless otherwise described in this Decision. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as written into the Planning Board Site Plan Special Permit,Date of Decision:May 1,2007,Findings of Fact 4b.,Special Conditions 1g„7c.,8a&8b.,and 13. 3. Truck delivers shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22,the April 2002 EPA New England Truck Engine Idling fact sheet,and Mass.Gen.L.ch.90,§16A Stopped motor vehicles;operation of engine;time limit; penalty. 4. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19,1984(Rev.July 17,1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Bask 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.91-88),dated October 16,1997, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c 40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Page 3 of 5 CEIVEQ Accordingly,based upon the information submitted as part o I' circumstances relating to soil conditions,shape,or topography of the land or structures and especially aftting such land or structures but not affecting the General Business generally zoning di, tj4 ' located. In particular,the site has been used as a retaillofficelgrocery facility for over 40 years. The Petitioner is simply seeking to renew and use the long-established uses at the budding by of new,modern facilities in a manner generally consistent with prior upgrade and by this Board and in substantially the same location as previously approved by this !: M1 Also,the Project would include the of a new decorative kiosk in substantially same ion as the existing ground sign approved by this Board in the mid-1980x. Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible, and to respond to Town planning recommendations to attempt to locate tents along Main Street. The proposed building improvements are in substantially the same fotnprW area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be located in the proposed configuration in order to maintain the viability this shopping center. Moreover,while the proposed Project will require the requested variance rdxe the PwJW in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example,the entire length of the proposed portion of the building along First Street(except for the prescription drive-thrargh bmht=)will comply with the 25 foot setback requirement where the existing building is set back less than 22 feet. Further, because of the odd shape of the lot,any improvements on the Property num be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable budding to be constructed and still maintain strict compliance with the required front yard setbacks,rear yard buffer,parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws that were enacted in 1987. However,the improvements shown on the Site Plans have been redesigned to substantially increase Landscaping and screening in the front and side yard,as well as to the rear of the site,in order to enbaum the site aesthetics and buffering. Due to the relatively odd shape of this lot which is bordered by three streets,it would be moor design and possibly impact safety to crowd all the proposed improvements together toward the center or the front of the lar in order to comply with existing zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw world involve substairtial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,parking and other requested variances,the Petitioner's proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to subetandaily reduce building size and/or eliminate the kiosk structure,which would destroy the financial viability of the site as a shopping anter.The site would otherwise be an underutilized site looted on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relief:,the redevelopment of which will never be economically practicable for the reasons stated above and as further described in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the desired zoning relief will case no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second,the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics s and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987,landscaping and screening will be substantially improved along the front and rear yards from existing conditions,and the Project will result in a net increase in landscaping. Fourth,although the required parking will nes fly with current parking requirements,the parking did comply with the 1985 8.1 (Off Street Parking)regulations for GB..."Establishmeuts located within 350 fact of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as cunentry existing. Therefore,the proposed Project will no generate impacts to existing traf5c levels or increase congestion in and around the Property and surrounding area Fifth, the proposed improvements will in fact substantially improve safety on-and off-site due to unproved aisle configuration and traffic circulation patterns. Page 4 of 5 t t L Y-i E W , ,.._. C Lastly,the Project will substantially enhance the aesthetics of 11 qd d' area due to improved landscaping and lighting,enhanced traffic circulation,and bi d sign ffi . Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M. jWA�ths decision shall •'-� not be in effect until a copy of this decision is recorded at the Essex County I % oA1"4k1Wbrthern District at the applicant's expense. 2.The granting of the Variance and/or Special Pijc $�_b_ a applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. North Andover Zoning Board of App als Ellen P.McIntyre, Vice Chai»nan Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-004B. M29P48. Page 5 of 5 Town Clerk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEAI1S`NN :"-rRK',S `'k ICE Albert P.Manzi IIIc Esq.Chairman Ellen P.McIntyre, Vice-Chairman z+oarH of 2001 SAY 24 PM Z• 18 Richard J.Byers,Esq.Clerk Joseph D.LaGrasse �? `�+- • �� David R.Webster +a- T 0'N'ii 0 i Associate Members 4L NORTH AND'�� -R Thomas D.Ippolito 410�C �,� •'� MASSNVI SS 7 T Richard M.Vaillancourt -0 Too .� Daniel S.Braese,Esq. SS^C Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §11 Property at: 109-123 Main Street NAME: San Lau Realty Trost HEARING(S): March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 20074W4A(Shopping Center)& 20074)048 osk North Andover,MA 01845 r TYPING DATE: May 15,2007 By virtue of its authority under Mass.G.L. Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the"Board")held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust,109 Main Street,North Andover,MA for premises at: 109-123 Main Street(Map 29,Lot 48)(the "Property")for certain dimensional variances as fiurther described below.On or about February 15,2007,the Petitioner, San Lau Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406 s.t including the construction of a 208+/-s.f.kiosk,drive-through facilities,parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District (the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"), dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15 foot green area abutting the rear property line which is generally consistent with existing conditions;(e)Section 8.1(Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements,and,(d)Section 8.4(Screening and Labescaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messm's Shopping Center,all as shown on the"Site Plans,"as defined below(the"Shopping Center Petition"). The second variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced from setbacks and related screening along Main Street and First Street to enable the Petitio=to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"as defined below(the"Kiosk Petition"). The Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Messina's Shopping Center,along with parking,lighting,landscaping and other improvements(the "Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square fed of land,and designated on the Town of North Page 1 of 5 1600 Osgood Street,Building 20 Suite 2-36,North Andover,Massachusetts 01845 Phone-978.688-9541 Fax-978-688-9542 Web-www.townofiorthandover.com RFECEIVED Andover Assessors Maps as Map 29,Lot 48(collectively,the" Prop �`: , 3 P' ' � 1 �' -property,,). The Property is loca{ed 1'n e General Business(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filed with the Board of all pit Zoning1 Zoning Appeals plans and Bylaws. During the review the g process, Applicant and its professional consultants also submitted various revisions to the plans along with various 4 p ng supplemental memoranda and correspond �rMuests by the Zoning Board of Appeals and by the various departments within the Town of a; reviewed the project. All of these plans,reports and correspondence are contained in 0C. Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hearings was published in the FayjeTribune.a newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board Of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Hall, 120 Main Street,North Andover, Massachusetts. Continued sessions of the public hearings were held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard J.Byers,seconded by David R Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from: (a)Section 7, Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3)feet from the front setback along Main Street,and to allow for relief of ten(10')feet,three(3')inches from the front setback along First Street only with respect to the drive-through facilities,but the remainder of the Proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15 foot green area abutting the rear property line which is generally consistent with existing conditions variance from the rear yard buffer requirements to allow for less than a 15 foot buffer in the portion of the rear yard located closest to property boundary as shown on the"Site Plans",and which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear Yard. Note that the Property will otherwise comply with the 50-foot rear yard building setback requirement;(c) Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-sum parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas, all as shown on the"Site Plans,"subject to the plans and conditions described below: Based upon the following findings,a second motion was made by Richard J.Byers,seconded by David R Webster,and the Board unanimously voted to giant the request of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from: (a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback along Main Street,and to allow for relief of sixteen(16')feet from the font setback along First Street front yard to allow for the construction of a kiosk where 25 feet is required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced font setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"subject to the plans and conditions described below: Page 2 of 5 s Site: 109-123 Main StreetV 29,Lot 48),North Andover, !t Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street' Andover,MA, for San Lau Realty Trust, 109-123 Main Street,North An a Date(&Revised Dates) february 12,2007,Rev.March 13,2007 ,< R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda& t, W'�) y 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawin . Sheet 1 of 1 (Scale 1'=40') Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner. San Lau Realty Trust, 109 Main Street,North Andover,MA 01845 Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9107,&4/12/07. Sheet/Drawing: C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.4178,Huntress Associates,Inc., Landscape Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07, 3.7.07,4.9.07,&4.12.07 Sheet/Drawing- SP-1,L-1,L-2,&L-3 Registered.Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street, Salem,Massachusetts 01970-3633 Date(&Revised Dates October 21,20W,Lanuaq 17,2007 Shee Exl.1,Exl.2,Ex2.1,Al.1,A1.2,A2.1,&A2.2- 1. The Project shall be constructed on the Property in accordance with the plans described above and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the"Site Plans"unless otherwise described in this Decision. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as written into the Planning Board Site Plan Special Perot'Date of Decision:May 1,2007,Findings of Fact 4b.,Special Conditions 1g.,7c.,8a&8b.,and 13. 3. Truck deliveries shalt follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22,the April 2002 EPA New England Truck Engine Idling fact sheet,and Mass.Gen.L,ch.90,§16A Stopped motor vehicles;operation of engine;time limit; penalty. 4. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19,1984(Rev.July 17,1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.91-88),dated October 16,1987, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Page 3 of 5 RECEIVED Accordingly,based upon the information submitted as part owe circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the General Business zoning d NA# tip"clo s located. In particular,the site has been used as a ret8WOff elgrocmy facility for over 40 years. The Pe itioner is simply seeking to renew and upgrade the long-established uses at the building byof new,:nodes U Vifacilities in a manner genally consistent with prior upgrade and mode by this Board and in the same location as previously gpvved by this 4 . Also,the Projed would include the of a new decorative kiosk in substantially same location as the existing ground sign approved by this Board in the mid-19ft Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to bath maintain as much parking as possible, and to respond to Town planning recommendations to attempt to locate improvements along Main Street. The Proposed building improvements are in substantially the sawn;footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be ionated in the proposed configuration in order to maiwain the viability this shopping center. Moreover,while the proposed Project will require the requested variance relied,the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example,the entire length of the proposed poWon of the building along First Street(except for the prescription drive-through facilities)will comply with the 25-1oot setback requirement where the existing building is set back less than 22 feet. Further, because of the odd shape of the lot,any improvements on the Property must be genenilly moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict comphaum with the required front yard setbacks,rear yard buffer,parking requirements,as well as landscaping and buffering requirements unkr the Zoning Bylaws that were enacted in 1987. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the flow and side yard,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. D w to the relatively odd shape of this lot which is bordered by throe streets,It would be Poor design and Poly impact safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with existing zoning requirements. In addition,the Petiflow has demonstrated that a literal enforceinont of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitions: With respect to the dimensional,parking and other requested variances,the Petitioner's proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce building size and/or eliminate the kiosk structure,which would destroy the financial viability of the site as a shopping center_The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relied the redevelopmentt of which will never be economically practicable for the reasons stated above and as further described in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and world need to be dealt with by any person who would undm uke the development of this Property. Moreover,the desired zoning relief will arse no demmew to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impart upon other properties within the same district. Second,the shopping center is one of the corgi of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aestbetics and set the standard for fia=redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted im I987,lapping and screwing will be substantially unproved along the front and rear yards from existing conditions,and the Project will result in a net.increase in landscaping Fourth,although the required parking will not comply with current parking requirements,the parking did comply with the 1985 9.1 (Qff-Street Parking)regulations for GB..."Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spa=in and along the Property for approximately the same amount of building square footage as currently existing. Therefore,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and ung area. Fifth, the proposed improvements will in fad substantially improve safety on-and off-site due to improved aisle configuration and traffic circulation patterns. Page 4 of 5 RECENED srr s e tCE Lastly,the Project will substantially enhance the aesthetics of d c�l ig'd area due to improved landscaping and lighting,enhanced traffic circulation,and ° b d sign. Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M. °' 44'A,this decision shall not be in effect until a copy of this decision is recorded at the Essex County lsliirthem District at thea applicant's expense. 2.The �� "`` pp p granting of the Variance and/or Special P i6$ &d by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. &"(— /• &/�4 f Z. L.2 North Andover Zoning Board of App&ls Ellen P.McIntyre, Vice Chah7nan Richard J.Byers,Esq.,Gel k Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-004B. M29P48. Page 5 of 5 Town Clerk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEAII�i':�� ` " `,' `�" C Albert P.Manzi III,Esq.Chairman Ellen P.Mcingre, Vice-Chairman Of N4KTli 2007 MAY 24 PK 2: 18 t4so Richard J.Byers,Esq.Clerk Joseph D.LaGrasse ,�r David R.Webster T 0'N,i' Associate Members WITH ANDOM' Thomas D.Ippolito o * MASSACHIUS'�7 e . Richard M.Vaillancourt Two ° (g Daniel S.Braese,Esq. 1sSACtwS Any appeal shall be filed within Notice of Decision (20)days atter the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 109-123 Main Street NAME: San Lan Realty Trust HF,ARING(S): March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center)& 2007-004B ' North Andover,MA 01845 r TYPING DATE: May 15,2007 By virtue of its authority under Mass.G.L. Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(tie"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the"Bowl")held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Las Realty Trust, 109 Main Street,North Andover,MA for premises at: 109-123 Main Street(Map 29,Lot 48)(the "Property")for certain dimensional variances as ftutlrer described below.On or about February 15,2007,the Petitioner,San Lan Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406 s.t,including the construction of a 208+/-st kiosk,drive-through facilities,parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District (the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(tie"Denial Utter"), dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 arab Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15 foot green area abutting the rear property line which is generally consistent with existing conditions;(c)Section 8.1(Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements;arab,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messim's Shopping Center,all as shown on the"Site Plans,"as defined below(thee"Shopping Center Petition"). The sect variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 st in size,all as shown on the"Site Plans,"as defined below(the"Kiosk Petition"). The Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Messina's Shopping Center,along with parking,lighting,landscaping arab other improvements(the "Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square feet of land,and designated on the Town of North Page 1 of 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.tovvnofnorthandover.com CEIVED Andover Assessors Ma as Ma 29 Lot 48(collectively,the"Pr op�e�rty`' Maps p , ( y "Property"). The Pr is Foca General Business(GB)Zoning District as described in the Zoning Bylaws. p� The Petitioner has filed with the Zoning Board of Appeals all pians and JA tie 18 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 corresponden Ib requests by the Zoning Hoard of Appeals and by the various departments within the Town of reviewed the project. All of these plans,reports and correspondence are contained in of Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hearings was published in the F,yk Tribune.a newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Hall, 120 Main Street,North Andover, Massachusetts. Continued sessions of the public hearings were held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Hoard unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard 3.Byers,seconded by David K Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from:(a)Section 7, Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3)feet from the front setback along Main Street,and to allow for relief of ten(10')feet,three(3")inches from the front setback along First Street only with respect to the drive-through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions variance from the rear yard buffer requirements to allow for less than a 15 foot buffer in the portion of the rear yard located closest to property boundary as shown on the"Site Plans",and which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Note that the Property will otherwise comply with the 50 foot rear yard building setback requirement;(c) Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Mdustrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of of -street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas, all as shown on the"Site Plans,"subject to the plans and conditions described below: Based upon the following findings,a second motion was made by Richard I Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback along Main Street,and to allow for relief of sixteen(16')feet from the front setback along First Street front yard to allow for the construction of a kiosk where 25 feet is required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First.Street to enable the Petitioner to constrict a kiosk of approximately 208 st in size,all as shown on the"Site Plans,"subject to the plans and conditions described below. Page 2 of 5 Site: 109-123 Main Street 29,Lot 48),North Andover, 9 4 M $ Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street Andover,MA, for San Lau Really Trust, 109-123 Main Street,North An °lam Date(&Revised Dates) Feb 12,2007,Rev.March 13,2007 waa "1"", , R.P.L.S. Stephen M Melesciuc,R.P.L.S.#39049,Marchionda& &PCtil I- 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawin . Sheet I of I (Scale 1'=40') Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Realty Trust, 109 Main Street,North Andover,MA 01845 Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 1215106, 1117/07,3114/07,4/9/07,&4/12/07. Sheet/Drawin . C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 Tewksbiity Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07, 3.7.07,4.9.07,&4112.07 Sheet/Drawin . SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17,2007 Sheet/Drawing. Exl.t,Exl.2,Ex2.1,Al.1,A1.2,A2.1,&A2.2. 1. The Project shall be constructed on the Property in accordance with the plans described above and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the"Site Plans"unless otherwise described in this Decision. 2. The Petitioner shalt comply with all conditions and with special attention to the screening of residential properties as written into the Planning Board Site Plan Special Permit,Date of Decision:May 1,2007,Findings of Fact 4b.,Special Conditions 1&,7e.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22,the April 2002 EPA New England Track Engine Idling fact sheet,and Masa Gen.L.ch.90,§16A Stopped rotor vehicles;operation of engine;time limit; penalty. 4. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19,1984(Rev.July 17,084issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.9148),dated October 16,15987, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Having reviewed all the plans and reports filed by the Petitioner and its representatives, considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or stiuctrues and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good I and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Page 3 of 5 EGEIVED Accordingly,based upon the information submitted as part dMW clic aofid�ac circumstances relating to soil conditions,itions,shape,or topography of the land or structures and especially affecting such land or structures lett not affecting generally the General Business zoning dWP # tlp"*p located. In particular,the site has been used as a retaiUoffice/groeery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the long-established uses at the building by c new,modern facilities in a manner generally consistent with prior upgrade and `` by this Board and in substantially the same location as previously approved by this a Also,the Project would include the installation of a new decorative kiosk in substantially same on as the existing ground sign approved by this Board in the mid-19ft. Due to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible, and to respond to Town planning recommendations to attempt to locate improvements along Main Street. Tie proposed building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be located in the proposed configuration in order to maintain the viability this shopping center. Moreover,while the proposed Project will re itm the requested variance relief,the Project in certain cifcumsbmces results in a decrease m iron-conformity with the Zoning Bylaw. For example,the entire length of the proposed portion of the building along First Street(except for the prescription drive-through facilities)will comply with the 25-1oot setback requirement where the existing building is set back less than 22 feet. Further, because of the odd shape of the lot,any improvements on the Property must be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required front yard setback,rear yard buffer,parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws that were enacted m 1987. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. Due to the relatively odd shape of this In which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with existing zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,parking and other requested variances,the Petitioner's proposed improvements could net be safely constructed within the oonWawts imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce building size and/or eliminate the kiosk structure,which would destroy the financial viability of the site as a shopping center:The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Cerner of the Town within the General Business Zone,and without the requested variance relied the redevelopment otwhich will never be economically practicable for the reasons stated above and as further described in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the desired zoning relief will cause no def uxw to the public good for the following teams. First,the uses of the Property will remain substantially the sane as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second,the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the mquivenients of the Zoning Bylaw which were enacted in 1987,landscaping and screening will be substantially improved along the front and rear yards from existing conditions,and the Project will result m a net increase in landscaping. Fourth,although the required parlang will not comply with current perking requirements,the parking did comply with the 1985 8.1 (tff-Street Parking)regulations for GB..."Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as cuzretrdy existing Therefore,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and sunrouding area Fifth, the proposed improvements will in fact substantially improve safety on-and off-site due to improved aisle configurations and traffic circulation patterns. Page 4 of 5 Ri CE Y E CF-ICE ICE Lastly,the Project will substantially enhance the aesthetics of ndud area due to improved landscaping and lighting,enhanced traf is circulation,and bMu design. Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M. `-� ` JbQ'A,this decision shall ` not be in effect until a copy of this decision is recorded at the Essex County at thea applicant's expense. 2.The �i�o�����rthern District pp p granting of the Variance andlor Special P 64I WQ by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. North Andover Zoning Board of App als Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clei k Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-0048. M29P48. Page 5 of 5 Town of North Andover TRwn Clerk Time stamp ZONING BOARD OF APPEALS ,filbert P.Manzi a Esq.Chairmano f NORTH qa Ellen P.McIntyre, Vice-Chairman 3a +'';a *°'° Oen Ittl juH 14 Ali Richard J.Bvers,Esq.Clear Joseph D.LaGrasse David R Webster Issaciate,Members Thomas D.Ippolito ,gs�C Richard M. Vaillancourt Daniel S.Braese,Esq. Any appeal shall be filed within Notes o1'Decision (20)days after the date of Sting Year 2,007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property ut: 109-123 Main Street NAME: San Earn Realty Trust HEARINGS: March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center) &20074104B(Kiosk North Andover,MA 01845 TYPING DATE: May 15,2007 By virtue of its authority under Mass.G.L.Chaffer 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the "Board")held a public heariiig at its regular meeting in the Town Hall top floor meeting room 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North Andover,MA for premises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as further described below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Prcquerty with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing rail shopping center("Messina Plaza")totaling 52,406 s.t inching the construction of a 208+/-s.f kiosk,drive-through facilities, parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District(the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"),dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow fr less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions;(c)Section 8.1(Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements;anal,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as defined below(the"Shopping Center Petition"). The second variance petition requested dimensional variance hom:(a)Section 7,Paragraph 7.3 and.Table 2(Summary of Dimensional Requiremtients);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Sava Commerce and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"as defined below(tile 1600 Osgood.Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiiorthandover.com "Kiosk Petition"). The Slopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Me ssim's Shopping Center,along with parking,lighting, landscaping and other improvements(the"Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square feet of land,and designated on the Town of North Andover Assessors Maps as Map 29,Lot 48 (collectively,the"Property"). The Property is located in the General Business(GB)Zoning District as described in the Zoning Bylaws, The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review proms,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 Zoning Board of Appeals and by the varies departments within the Town of North Andover that reviewed the project. All of these plans,reports and correspondence are contained in the Zoning Board of Appeals'files and are hereby incorporated by rderence into the public mord for this hearing. After natio of the public hearings was published in the&Sk Tribune,a newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second flan meeting room at Town Hall,120 Main Street,North Andover,Massachusetts. A continued session of both public hearings was held on April 10,2006. On April 10,2007,the Zoning Hoard of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard J.Byers;seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Smurnary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the front setback along Main Street,and to allow for relief of ten (10')feet,three(3")inches from the front seftck along First Street only with respect to the drive-through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property dine which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Norte that the Property will otherwise comply with the 50 fart rear yard building setback requirement,(c)Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 258 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking 101,all as more particularly shown on the"Site Plans";and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messim's Shopping Center to enable the Petitioner to install landscaping,screening„lighting and other improvements within the of-strm parking areas,all as shown on the"Site Planks"as defined below,and subject to the conditions described below: Based upon the following findings,a second motion was made by Richard J.Byers,seconded by David R Webster,and the Board unanimously voted to grant the request of the Petitioner for dimens�ionat variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet from the front setback along Main Street,and to allow for relief of sixteen(16)feet from the front setback along First Street front yard to allow for the construction of a kiosk where 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofriorthandover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Suva Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s in size, all as shown on the"Site Plans"as defined below,and sd ject to the conditions described below. FINDINGS Having reviewed all flat plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without millifying or substantially derogating from the intent or purpose of this Bylaw" Accordingly,based upon the inf oration submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the General Business zoning district in which the Property is located. In particular,the site has been used as a retail/office/grocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the lam-established uses at the building by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. Due to the relatively odd shape of the lot,the pfd kiosk building must be located in the proposed c onfip m in order to both maintain as much parking as possible,and to respond to Town planning recommendations to attempt to locate improvements along Main Stmt. The proposed building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be located in the proposed configuration in order to maintain the viability this sling center. Moreover,while the proposed Project will require the requested variance relief,the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For exam pk the entire length of the proposed portion of the building along First Street(except for the prescription drive-through facilities)will comply with the 25-foot setback requirement where the existing building is set back less than 22 feet. Further,because of the odd shape of the lot,any improvements on the Property must be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still mai Wain strict compliance with the required front yard seftcks,rear yard buffer, parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the improvements shown on the Site Plants have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. Due to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the frout of the left in order to comply with existing zoning requirements. In addition,the Petitioner las de u*od that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the petitioner. With respect to the dimensional,parking and other requested variances;the Petitioner's proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnoramdover.com i building size and/or eliminate the kiosk structure,which wound materially impact the financial viability of the site as a showing center.The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance rehet,the redevelopment of which will never be economically practicable for the reasons stated above and as further described in the public record. The conditions causing this hardship are not particular to the Petitioner,but would be encountered and would geed to be cult with by any person who would undertake the development of this Property. Moreover,the desired zoning relief will cause no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other pry within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood attics and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffeting requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, Iandscaping and:screening will be substantially improved along the fent and rear yards from existing conditions,and the Project will result in a net increase in landscaping. Fourth,although the required parking will not comply with current parking requirements,the parking did comply with the 8.1(Off-Street Parking)regulations for the General Business(GB)Zoning District in effect when the Planning Board issued a Site Plan Approval Decision for the Property in 1986. The parking provisions in effect at the time of the 1986 Site Plan Approval Decision provided that Mstablishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces.". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. Therefore,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and surrounding area. Fifth,the proposed improvements will in fact substantially improve saft on-and off- site due to improved aisle configuration and traffic circulation patterns. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area clue to improved landscaping and lighting,enhanced traffic circulation,and a more attractive building design. CONDMONS OF APPROVAL The Board finds that the Shing Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in ac mdance with the plans described below and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street 29,Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North Andover MA Date(&Revised Dates) February 12,2007,Rev.March 13,2007 R.P.L.S. Stephen M.Meleseiuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1(Scale 1'=40' Plan Title: Site Plan Review&Special Permit Application Plans for.Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau gealty Trust, 109 Main Street,North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnord=dover.com Registered Professional John Barrows,P.E.#40052,Marehionda&Associates LP, Engineer 62 Montvale Avenue,Suite L Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9/07,&4/12/07. Sheet/Drawing: C-1 throqgh C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 T Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 Sheet/Drawin . SP-1,L-1,L-2 &L-3 Registered Professional Stephen W.Livermore,R.A.#5294,HH Movant,Inc.,P.O.Box 4485, Architect 221 Washington Sires,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17,2007,April 28,2007 Sheet/DraI Ex1.1,Exl.2,Ex2.1 Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the=owing of residential properties as described in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Fact 4b.,Special Conditions 1g.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks making deliveries to the property shall damply with all applicable federal and state laws and regulations governing engine idling,including but not limited to Mass.Gen.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty")and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007.004A and the Kiosk Variance Petition 2007-004B,supersede,in its entirety,the Zoning Burd of Appeals Variance Decision(Petition No. 35-84),dated June 19, 1484(Rev.July 17, 1984),issrmd to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Boric 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No. 91-88),dated October 16, 1987, issued to San Lau Realty Trust,recorded with said Deeds in.Book 2725,Page 74. Piste: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M.G.L.c.40A,this decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2.The granting of the Variance and/or Special Permit as requested by the wheat does not necessarily ensure the granting of building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the previsions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was gratud unless substantial use or construction has commenced,it shall lapse and may be re-established rly after mice,and a new hearing. N Andover Zom,4-ffoard of Appeals Ellen P.McIntyre, lice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse A.s date Members Thomas D.Ippolito Decision 2007-004A&2007-004B. M29P48, 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofaordmdover.com Town Clerk Time Stamp Town of North Andover PE r f f cO M ZONING BOARD OF APPEAESI Albert R Manzi III,Esq.Chairman Ellen.P.Mclntwe, Tice-Chairman f NoaTM ,+ 2041 MAY 24 PK 2* 18 Richard T.Byers,Esq.Clerk r O eKt``� e.•�'O Joseph D.La(`mse 03 David R. Webster I- 79 R - 0 Thomas D.I � o �v a olito � x ° Richard M.Vaillancourt si `'#^,..o Daniel S.Braese,Esq, 4SSgCt�uS'�� Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A, §17 Property at: 109-123 Main Street NAME: San Lau Realty Trust HEARING(S): March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2007 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 20074)04A(Shopping Center)& 2007-004B `osk) North Andover,MA 01845 TYPING DATE: Mq 15,2007 By virtue of its authority under Mass.G.L.Chapter 40A and the Zoning Bylaws of the Town of North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the"Board")held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North Andover,MA for premises at: 109-123 Main Street(Map 29,Lot 48)(the "Property")for certain dimensional variances as further described below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the"Petitioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and reconstruction of the existing retail shopping oenter("Messina Plaza")totaling 52,406 s.f,including the construction of a 208+/-s.f kiosk,drive4hrough facilities,parking improvements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District (the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Letter"), dimensional variances are required from the Zoning Bylaw in order to construct the Project. The first variance petition requested relief from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note 42,of the Zoning Bylaws to allow for less than a 15 foot green area abutting the rear property line which is generally consistent with existing conditions;(c)Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for reduced parking requirements;and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plans,"as defined below(the"Shopping Center Petition"). The second variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 and Table 2 S of Dimensional Requirements); Section 8.4(Screening and Landscaping II (Summary Req ) Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.f in size,all as shown on the"Site Plans,"as defined below(the"Kiosk Petition"). The Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Messina's Shopping Center,along with parking,lighting,landscaping and other improvements(the "Project")as shown on the"Site Plans"(as defined below)on a parcel of land known and numbered as 109-123 Main Street,consisting of approximately 145,893 square feet of Iaml,and designated on the Town of North Page 1 of 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone 978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com Andover Assessors Ma as Ma 29,Lot 48(collectively,the Pr ' t'CE Ps p ( y "Property). The Property is Iocited Yn 66 General Business(GB)Zoning District as described in the Zoning Bylaws. The Petitioner has filed with the Zoning Board of Appeals all plans andr#SJQAurPA9i 1 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 corresponden it n requests by the Zoning Board of Appeals and by the various departments within the Town of reviewed the project. All of these plans,reports and correspondence are contained in cii~ Appeals'files and are hereby incorporated by reference into the public record for this hearing. After notice of the public hearings was published in the Eagle Tribune.a newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in conformance with the Zoning Bylaws and M.G.L.Chapter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Hall, 120 Main Street,North Andover, Massachusetts. Continued sessions of the public hearings were held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Center Petition and the Kiosk Petition,as more fully described below. Based upon the following findings,a motion was made by Richard I Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from: (a)Section 7, Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the front setback along Main Street,and to allow for relief of ten(10)feet,three(3")inches from the front setback along First Street only with respect to the drive-through facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement along First Street (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions variance from the rear yard buffer requirements to allow for less than a 15 foot buffer in the portion of the rear yard located closest to property boundary as shown on the"Site Plans",and which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Note that the Property will otherwise comply with the 50 foot rear yard building setback requirement;(c) Section 8.1 (Off-Street Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Plans";and,(d) Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and landscaping of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements within the off-street parking areas, all as shown on the"Site Plans,"subject to the plans and conditions described below: Based upon the following findings,a second motion was made by Richard J.Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk described in the Kiosk Petition,including the requested relief from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22)feet from the front setback along Main Street,and to allow for relief of sixteen(16)feet from the front setback along First Street front yard to allow for the construction of a kiosk where 25 feet is required and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 st in size,all as shown on the"Site Plans,"subject to the plans and conditions described below: Page 2 of 5 Site: 109-123 Main Street 29,Lot 48),North Andover, } Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street Andover,MA, r for San Lau Realty Trust, 109-123 Main Street,North An Date(&Revised Dates) February 12,2007,Rev.March 13,2007wrjllbi1 ; k R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda& 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1 (Scale 1'=40') Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Realty Trust, 109 Main Street,North Andover,MA 01845 Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suited,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1117107,3/14/07,4/9/07,&4/12/07. Sheet/Drawing- C-1 throe C-5 Registered Professional Christian C.Huntress,R.L.A#1178,Huntress Associates,Inc., Landscape Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07, 3.7.07,4.9.07,&4.12.07 Sheet/Drawing., SP-1,L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,RA#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washin on Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17,2007 Skeet/Drawing. Exl.1,Exl.2,Ex2.1,Al.1,A1.2,A2.1,&A2.2. 1. The Project shall be constructed on the Property in accordance with the plans described above and collectively,the plans referenced in this Condition No. 1 shall hereinafter be referred to as the"Site Plans"unless otherwise described in this Decision. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as written into the Planning Board Site Plan Special Permit,Date of Decision:May 1,2007,Findings of Fact 4b.,Special Conditions 1g.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22,the April 2002 EPA New England Truck Engine Idling fact sheet,and Mass.Gen.L.ch.90,§16A Stopped motor vehicles;operation of engine;time limit; penalty. 4. This Variance Decision,which includes a decision on both the Shopping Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-0048,supersede in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19,1984(Rev.July 17,1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No 91-88),dated October 16,1987, issued to San Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Page 3 of 5 RF'CEIVO Accordingly,based upon the information submitted as part ddWtic circ�urusra>ices relating to soil conditions,shape,or topography of the land or structures and fly affecting such land or structures but not affecting generally the General Business zoning # t* his located. In particular,the site has been used as a reudVoffice/grocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the long-established uses at the building by th� q" #ikon of new,modern facilities in a manner generally consistent with prior upgrade and mode � ed by this Board and in substantially the same location as previously approved by this Bc ,lad, :par f Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in the mid-1980s. Deur to the relatively odd shape of the kn,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible, and to respond to Town planning recommendations to attempt to locate improvements along Main Street The proposed building improvements are in substantially the same footprint area as the existing building area,and due to the relatively odd shape of the lot,and in particular,to the rear of the lot,the proposed building renovations must be located in the proposed configuration in order to maintain the viability this shopping ceatter. Moreover,while the proposed Project will require the requested variance relict;the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example,the entire length of the proposed portion of the building along First Street(except for the prescription drive-through facilities)will comply with the 25 fdxn setback requirement where the existing building is set back less than 22 feet. Further, fuse of the odd shape of the lot,any improvements on the Property must be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required fiont yard setbacks,rear yard buffer,parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws that were enacted in 1987. However,the improvements shown on the Site Plans have been redesigned to substantially increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesthetics and buffering. Due to the relatively dill shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with existing zoning requirements. In addition,the Petitioner has demonstrated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,parking and other requested variances;the Petitioner's proposed improvements could not be safely constructed withal the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Petitioner would have to substantially reduce kidding size and/or eliminate the kiosk structure,which would destroy the financial viability of the site as a shopping center.The site would otherwise be an underutilized site located on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance relie>;the redevelopment of which will never be economically practicable for the reasons stated above and as further described in the public record- The etardThe conditions causing this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any perm who would undertake the development of this Property. Moreover,the desired zoning relief will cause no detriment to the public good for the fallowing reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same disUnict. Second,the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Third,although the site lapping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987,landscaping and screening will be substantially improved along the front and rear yards from existing conditions,and the Project will result in a net increase in landscaping. Fourth,although the required parking will not comply with current parking requirements,the parking did comply with the 1985 8.1(Off-Street Parking)regulations for GB...-Establishments located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking spaces..". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. Therefore,the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and surrounding area. Fft the proposed improvements will in fact substantially improve safety on and off-site due to improved aisle configuration and traffic circulation patterns. Page 4 of 5 '" CEIVED Lastly,the Project will substantially enhance the aesthetics of tti v 3j� ttd d area due to improved landscaping and lighting,enhanced traffic circulation,and ct�i b ii idesign. Dote: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M-W�14 46k,f this decision shall not be in effect until a copy of this decision is recorded at the Essex County " > lslcrthern District at the applicant's expense. 2.The granting of the Variance and/or Special P E*WAW d bpi a applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local, state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing. Furthermore, if a Special Permit granted under the provisions contained herein shall be deemed to have lapsed after a two(2)year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established only after notice,and a new hearing. �jJ ) North Andover Zoning Board of Appevals Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq., Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-00413. M29P48. Page 5 of 5 w Town of North Andover wn Clerk Time Sump ZONING BOARD OF APPEALS RECEIVE CE TON Albert P.Manzi III,Esq.Chairman o f MONTH-4 Ellen P.Mchityre, Vice-Chairman 3� •t�_ ``;s �� * 3 � Richard J.Byers,Esq.Clerk �a s Joseph D.LaGrasse s 10 44 s i David R.Webster +� +� �� �► t Associate Members �' `«a::.:.�.�+ * PTH Thomas D.Ippolito Richard M. Vaillancourt Daniel S.Braese,Esq. Any appeal shall be filed Within Notice of Deefiden (20)days after the date of filing Year 2087 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. 40A,§17 Property at: 103-123 Main Street NAME: San Lau Realty Trust HEARINGS: March 13,&April 10,2007 109 Main Street VOTING DATE: May 9,2087 North Andover,MA 01845 ADDRESS: 109-123 Main Street PETITIONS: 2007-004A(Shopping Center) di 2007-004B(Kiosk North Andover,MA 01845 TYPING DATE: May 15 2007 By virtue of its authority under Mass.G.L.Chapter 40A and the Zoning Bylaws of the Town elf North Andover,Massachusetts(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the "Board")held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Strom North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Realty Trust, 109 Main Street,North Andover,MA for promises at 109-123 Main Street(Map 29,Lot 48)(the"Property")for certain dimensional variances as fwther described below.On or about February 15,2007,the Petitioner,Sart Lau Realty Trust,(the"Pe titioner")filed two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeking dimensional variances to allow:the renovation and re construction of the existing:retail shopping center("Messina Plaza")totaling 52,406 s t including the construction of a 208+1-s.f kiosk,drive-through facilities, parking improvements,utilities,Walkways,site lighting,landscape improvements,and other improvements within the General Business(GB)Zoning District(the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(the"Denial Leme),dimensional variances are required form the Zoning Bylaw in order to construct the Froject. The first variance petition requested relief firm:(a)Section 7,Paragraph 7.3 and Table 2 (Summary of Dimensional Requiremefs)of the Zoning Bylaws to allow for reduced 5ortt setbacks along Main Street and First Street;(b)Section,7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for less than a 15•foot green area abutting the near Property line which is generally consistent with existing condmoar,(c)Section 8.1(Off•Street Parking)of the Zoning Bylaws to allow for reduced parking requirements;and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for varied suing and landscaping requite for off-street parking to accommodate the revised site design for renovations to the Messina's Shopping Center,all as shown on the"Site Plank"as defined below(the-Shopping Center Petition"). The second variance petition requested dimensional variance from:(a)Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping Requirements for Off-Sava Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related scr+among along Main Street and First Street M enable the Petition to construct a kiosk of approximately 208 s.f. in size,all as shown on the"Site Plans,"as de noxi below(the 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofiorthandover.com "Kiosk Petition"). The Shopping Center Petition and Kiosk Petition were filed in connection with the Pe itionees plan to renovate the existing Messina's Shopping Cerner,along with parking,lighting, landscaping and other improvements(the"Project")as shown on the"Site Plate'(as defined below)on a parcel of land known and numbered as 109.123 Main Street,consisting of approximately 145,893 square feet of land,and designated on the Town of North Andover Assessors Maps as Map 29,Lot 48 (collectively,the"Property"). The Property is located in the General Business(GB)Zoning District as described in the Zoning Bylaws, The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the Zoning Bylaws. During the review process,the Applicant and its professional consnnitarns also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Zoning Board of Appeals and by the various its within the Town of North Andover that reviewed the projeCt. All of these plans,reports and correspondence are contained in the Zoning Board of Appeals'files and are hereby incorporated by rduence into the public record for this Atter notice of the public hearings was published in the Fie Tribune.a newspaper of general circulation in the Tann of North Andover,on February 26,2007 and March 5,2007,was posted in a conspicuous place in Town Hall;and was mailed,postage prepaid,to all interested parties as certified by the Board of Assessors Office in oonAwmance with the Zoning Bylaws and MG.L.Cuter 40A,the Zoning Board of Appeals opened the public hearings on the Shopping Center Petition and the Kiosk Petition on March 13,2007 at ably 7:30 p.m.in the second floor meeting room at Town Hall, 120 Main Street,North Amer,Massachusetts. A continued session of berth pudic hearings was held on April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on May 9,2007,the Board unanimously voted to grant the requested variances as per the Shopping Centex Petition and the Kiosk Petition,as more fully described below. Based alio the following findings,a motion was made by Richard L Byers,seconded by David R. Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the Project described in the Shopping Center Variance Petition,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summmy of Dimensitemal Requirements)of the Zoning Bylaws to allow for relief of three(3')feet from the front setback along Main Street,and to allow for relief of ten (10')feet,three(3")inches from the fivnt setback along First Street only with respect to the dtpvo through facilities,but the remainder of the proposed building will comply with the 25 foot setback requirement along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note #2,of the Zoning Bylaws to allow for less than a I S foot green area abutting the rear property lime which is generally consistent with existing conditions but additional screening has been added to provide for greater buffering capacity for the rear yard. Note that the Property will otherwise comply with the 50-1oot rear Yard building setback requirement;(c)Section 8.1(Off-Stye d Parking)of the Zoning Bylaws to allow for a total of 172 parking spaces when the Zoning Bylaw requires 258 parking spaces,along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot,all as more particularly shown on the"Site Pkans";anct(d)Section 8.4(Screwing and Landscaping Reqs for Off-Street Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief from the requirements for screening and ming of off-street parking in order to accommodate the revised site design for renovations to the Messina's Shopping Center to enable the Petitioner to install landscaping,screening,lighting and other improvements withinthe off-street parking areas,all as shown on the"Site Plans"as defined below,and subject to the conditions dumbed below Based upon the following findings,a second motion was made by Richard J.Byers,seconded by David R.Webster,and the Board unanimously voted to grant the request of the Petitioner for dimensional variances for the proposed kiosk dumbed in the Kursk Potion,including the requested relief from:(a) Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements);to allow for relief of twenty-two(22')feet fiom the front setback along Main.Street,and to allow far relief of daven(16')feet from the fivat setback along First Street from yard to allow for the mon of a kiosk when 25 feet is 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com required and,(b)Section 8.4(Screening and Landscaping Requirements for Qff-Strom Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced front setbacks and related screening along Main Street and First Street to enable the Peationer to construct a kiosk of 208 s.f in all as shown on the"Site Plans"as defined below,and subject to the conditions described below. FINDINGS Having reviewed all the plans and reports filed by the Petitioner and its representatives,considered the correspondence from various Departments within the Town of North Andover that have reviewed the Project,the Zoning Board of Appeals makes the following findings: Section 10.4 of the Zoning Bylaws authorizes the Zoning Board of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Board finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting the General Busies(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will mvdlve substantial hardship,financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without sural detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw" Accordingly,based upon the ink submitted as part of the public record,there are circumstances relating to soil conditions,shape,or topography of the land or str uctuu'es and especially affecting such land or structures but not affecting generally the Ckmeral Business zoning district in which the Property is located. In particular,the site has been used as a retail/officelgrocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the larug-established uses at the building by the installation of new,modern facilities in a in==generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in 1991. line to the relatively odd shape of the lot,the proposed kiosk building must be located in the proposed configuration in order to both maintain as much parking as possible,and to respond to Town planning recommendations to attempt to locate improvements along Main Street. The proposed building improvements are in substantially the same footprint area as the odsting building area,and due to the relatively odd shape of the Iot,and in particular,to the rear of the lar,the proposed building renovations must be located in the proposed configuration in order to maintain the vebility this shopping center. Moreover,while the proposed Project will require the requested vamme relief;the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example;the entire length of the proposed portion of the building along First Street(except for the prescriptiondrive-through facilities)will comply with the 25-foot setback requirement where the existing building is set bac*less than 22 feet. Further,because of the odd shape of the lot,any improvements on the Property most be generally moved and relocated closer to the center of the Iot. The size of the remaining buildable lot area world not permit a viable building to be constructed and still maintain strict compliance with the required front yard setbacks,rear yard buffer, parking requiremeuts,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the improvements shown on the Site Plans have been redesigned to WWWRtiadly increase landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance the site aesdi etics and buffering. Thee to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safety to crowd all the proposed its together toward the center or the front of the lot in order to comply with existing zoning requirements In addition,the Petiflow has debated that a literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship,financial or otherwise,to the Petitioner. With respect to the dimensional,perking and other requested variances;the Petitioner's proposed improvements could not be safely constructed within the constraints inked by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,the Pctitiow would have to substantially reduce 3 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnorthandover.com building size and/or eliminate the kiosk structure,which would materially impact the financial viability of the site as a shopping center.The site would otherwise be an undm ilized site looted on Main Street and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance retie(the redevelopment of which will never be economically practicable for the reasons stated above and as further descried in the public record The conditions causarrg this hardship are not particular to the Petitioner,but would be encountered and would need to be dealt with by any person who would undertake the development of this Property. Moreover,the desired zoning relidwill cause no detriment to the public good for the following reasons. First,the uses of the Property will remain substantially the same as they have been used over the past 40 years,so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Third,although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw which were enacted in 1987, landscaping and screening will be substantially improved along the front and rest yards from existing conditions,and the Propot will result in a net increase in landscaping. Fourth,although the squired parking will not comply with current parking requirements,the parking did comply with the 8.1(Off-Strad Parking)regulations for the General Business(GB)Zoning District in effect when the Planning Board issued a Site Plan Approval Decision for the Property in 1986. The parking provisions in effect at the time of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 feet of a municipal pang lot shall have 50 percent of the required number of parking .". The Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square foctap as cur atty existing. Thadbre,the proposed Project will not generate impacts to eating traffic Ievels or increase congestion in and around the Property and surrounding area. Fifth,the proposed improvements will in fact substantially improve safety on-and off- site due to improved aisle confignradon and traffic circulation poems. Lastly,the Project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and lighting,enhanced traffic circulation,and a more attractive building design. CONDITIONS OF APPROVAL The Hoard finds that the Shopping Center Petition and the Kiosk Petition and plans submitted by the Petitioner comply with all applicable provisions of the Zoning Bylaws as modified in this Decision,but that such grant of the requested relief is subject to the following conditions: 1. The Project shall be constructed on the Property in accordance with the plans described below and collectively,the plans referenced in this Condition No. 1 shall hereinafter be reA red to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street Oft 29,Lot 48),North Andover,MA 01845 Site Plan Title: Variance Plan,Messina's Markct, 109-123 Main Street in North Andover, MA,prepared for San Lau Realty Trust, 109-123 Main Street,North Apdova,MA Date(&Revised Dates) f6ruary 12,2007,Rev.March 13,2007 R.P.L.S. Stephen M.Melesciuc,R.P.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 Sheet/Drawing: Sheet 1 of 1 Scale 1'=40' Plan Title: Site Plan Review&Special Permit Application Plans for:Mann's Shopping Center,North Andover,Massachusetts,April 12,2007 owner:San Lau Raft Lnigz 109 Main Street,North Andover,MA 01845 4 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.townofwrthandover.com f Registered Professional John Barmws,P.E.#40052,Marchionda&Associates LP, Engineer 62 Montvale Avenue,Suite I,Stoneham,MA 02180 Date(&Revised Dates) October 31,2006,Rev. 12/5/06, 1/17/07,3/14/07,4/9/07,&4/12/07. S C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., Landscape Architect 17 Tewksbury Street,Andover,Massachusetts 01810 Date(&Revised Dates) 1.19.07,3.7.07,4.9.07,&4.12.07 sheet/Drawing. SP-1,L-1 L-2,&L-3 Registered Professional Stephen W.Livennmr,R.A.#5294,HH Morant,Inc.,P.O.Box 4485, Architect 221 Washington Street,SaIM Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,Jamjwy 17 2007,April 28,2007 Sheet(Drawin : Ex1.1,Exl.2,Ex2.1 Al.1,A1.2,A2.1,&A2.2. 2. The Petitioner shall comply with all conditions and with special attention to the screening of residential properties as described in the Planning Board Site Plan Special Permit,Date of Decision: May 1,2007,Findings of Fad 4b.,Special Conditions lg.,7c.,8a&8b.,and 13. 3. Truck deliveries shall follow the requirements of the Planning Board Site Plan Special Permit, Date of Decision:May 1,2007,Special Condition#22. 4. Trucks malting deliveries to the property shall comply with all applicable federal and state laws and regulations governing engine idling,induftg but not limited to Mass.Gen.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty")and applicable EPA regulations on truck engine idling. 5. This Variance Decision,which includes a decision on both the Shams Center Variance Petition 2007-004A and the Kiosk Variance Petition 2007-004B,supersede,in its entirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1984),issued to San Lau Realty Trust,and recorded with the Essex North District Registry of Deeds in Book 1858,Page 172, and well as the Zoning Board of Appeals Variance Decision(Petition No.9148),dated October 16, 1987, issued to San Lan Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M.G.L.c.40A,this decision shall not be in effect until a coley of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's cgxmse. 2.The granting of the Variance and/or Special Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant mast abide by all applicable lam,state,and federal building codes and regulations,prior to the issuance of a building permit as required by the Inspector of ftjWjAp Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the date of the grant,it shall lapses and may be re-established only after notice,and a new hearing. Furthermore,if a Special Permit granted under the prorisions contained herein shall be deemed to have lapsed after a two(2) year period from the date on which the Special Permit was granted unless substantial use or construction has commenced,it shall lapse and may be re-established atter notice,and a new hearing. P.A6 �� N Andovcar Zoning BDard of Appeals Ellen P.McIntyre, Vice Chairman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Asaodate Members Thomas D.Ippoliw Decision 2007-004A&2007.004B. M29P48, 5 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www_townofnordmdover.com w SMOLAK & VAUGHAN Smolak td-=14k ?.� 15 I F 978 X27 5219 x - .�!!. rr N1 1. i sk ,..-.,_ ��mAl au"Eian Com 2007 APR 17 Pd' 1* 4 1116, 2007 � NOR By E-Mail f Richard A. Nardella,Chairman Planning Board Town of North Andover Town Hall 1600 Osgood Street North Andover, North Andover,Massachusetts 01845 RE: Application for Site Plan Review Special Permit Property: 109-123 Main Street(Assessors Map 29,Lot 48) Owner/Applicant: San Lau Realty Trust Request to Continue Hearing Dear Mr:Nardella: On behalf of the Applicant,San Lau Realty Trust,we respectfully request the Board to vote to continue the hearing scheduled for April 17,2007 to the next subsequent Board meeting scheduled for May 1, 2007. The reason for the request is to allow the Applicant to finalize plan changes previously discussed,and to hopefully obtain a final sign-off from the Board's peer review consultant prior to May 1,2007 meeting. Also attached is a waiver of time constraints for your files. Please feel free to contact my office with any further questions or concerns. Sincerely, X40- 01.Smolak JTS/ cc: San Lau Realty Trust Chris Huntress,RLA,Huntress Associates Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 WWW.SMOLAKVAUCHAN.COM TO: FAX# FROM: Mary, Planning Assistant, Town of North Andover, MA 01845 FAX #978-688-9542 - PHONE #978-688-9535 Please sign your name and fill in address of premises affected, fill in current date, return same to fax #978-688-9542. Thank you. "REQUEST FORA CONTINUANCE" NAME: San Lau Realty Trust ADDRESS OF PREMISES AFFECTED: 109-123 Main Street PHONE NUMBER: AREA CODE:_( q'M "I WISH TO REQUEST A CONTINUANCE UNTIL : May 10, 2007 " fill in date THEREFORE, WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, MA. SIGNED BY PETITIONER OR REPRESENTATIVE: San Lau Realty Trust, by its Attorneys, Sm lak & Vau han, LLP f Signature DATE: April 46, 2007 fill in current date MUCONTINUEANCE -',MOLAK & VAUGHAN -, John T. Smolak T: 978-327-5215 1 F: 978-327-5219 �,auahanxom T A 7 L A W R rE C E IV E D jsmolakk-i smolak 2001 FEB IS I'M 12: 5 0 February 15,2007 By Hand WORTH MASS A.10111 it" Joyce Bradshaw,Town Clerk Town of North Andover Town Hall 120 Main Street North Andover,Massachusetts 01845 Albert P. Manzi,111,Esq.,Chairman Zoning Board of Appeals Town of North Andover 1600 Osgood Street North Andover,Massachusetts 01845 RE: Petitions for Dimensional Variances—Messina's Shopping Center Property: 109-123 Main Street(Assessors Map 29, Lot 48) Owner/Applicant: San Lau Realty Trus Dear Ms. Bradshaw: On behalf of the Petitioner,San Lau Realty Trust,enclosed for filing with the Town Clerk and Zoning Board of Appeals are one (1) original and ten(10)copies of each of the two Petitions for Variances,Memorandum in Support of Petition for Variance, and accompanying Site Plans. Also enclosed are checks payable to the Town of North Andover representing the filing fees,and the cost of certified abutter notices,together with stamps for mailing the Board's decision to abutters. The reason there are two separate petitions is that the first petition relates to requested variances for the entire renovation project. The second petition includes an additional component in the form of a proposed kiosk proposed to be constructed at the corner of Main Street and First Street. The kiosk petition was filed in response to Town comments suggesting a desire to locate a building along the Main Street frontage. Please date-stamp the duplicate copy of this letter and return the same to me. Thank you for your assistance with this matter,and please feel free to contact my office with any further questions or concerns. S cerely, ohn Smolak /J cc: Anne M. Messina,Trustee,San Lau Realty Trust Albert P. Manzi,III,Esq.,Chairman,Zoning Board of Appeals Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM Town Cletk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEALS T0V ! ic`_Fp,,z,-S ri-c*lCt7 Albert P.Manzi EL Esq.Chairman Ellen P.MclntyTe, Vice-Chairman ot VtORTFt Richard J.Byers,Esq,Clerk t.FUILD " 2001 FEB 22 P11 3: 22 - r 0 Joseph D.LaGrasse 0 David R. Webster 71 U ON i Associate Members NUTH A'J) Thomas D.Ippolito41 c. Richard M. Vaillancourt Daniel S.Braese,Esq. CHU Legal Notice North Andover, Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 13th of March, 2007 at 7:30 PM to all parties interested in the application of San Lau Realty Trust(Anne M. Messina, Trustee) IW123 Main Street(Map 29, Parcel 48), North Andover requesting dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of Main wW First Street front setbacks,from 7.3 and Table 2's Footnote 2 for relief from the requirements for an open and green landscape buffer, from Section 8, Paragraph 8.1 (Off-Street Parking), and from 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)in order to allow for renovations to the Messina's Shopping Center. Said premise affected is property with frontage on the West side of Main Street within the GB zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 830AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi HL Esq., Chairman Published in the Eagle-Tribune on February 26&March 5, 2007. Legalnotice 2007-004A. M29P48. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-689-9541 Fax-978-688-9542 Web-wwwtownothorthandover.cwn Town Clerk Time Stamp Town of North Andover P, E1VE[) ZONING BOARD OF APPEALS 'F°`i f r'= A° a Albert P.Manzi M.Esq.Chairman Ellen P.McIntyre,trice-Chairman 00Rry q 1007 FEB 22 Pil 3: 22 Richard J.Byers,Esq.Clerk 3t�.<�" ;+.6q'o L Joseph D.LaGrasse �., David R.Webster ; Associate AdembersMASS n e4 Thomas D.Ippolito Richard M.Vaillancourt � q�44tao Daniel S.Braese,Esq. SSACHus� Legal Notice North Andover,Board of Appeals Notice is hereby given that the North Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the 13th of March, 2007 at 7:30 PM to all parties interested in the application of San Lau Realty Trust(Anne M. Messina, Trustee) 109-123 Alain Stmt--Mask(Map 29, Parcel 48),North Andover requesting dimensional Variances from Section 7, Paragraph 7.3 and Table 2 for relief of Main and First Street front setbacks, and from Section 8,Paragraph 8.4(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)in order to construct a kiosk in the northeast corner of the Messina's Shopping Center. Said premise affected is property with frontage on the West side of Main Street within the GB zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi III,Esq.,Chairman Published in the Eagle-Tribune on February 26&March 5, 2007. Legalnotice 2007-0048. M29P48. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9.541 Fax-978-688-9542 Web-www.townofnorthandover.com TO THE LAWRENCE EAGLE TRIBUNE LEGAL AD FOR PUBLICATION TUESDAY,JANUARY 30,&FEBRUARY 6,2007 CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE TOWN OF NORTH ANDOVER PLANNING BOARD NOTICE OF PUBLIC HEARING,TUESDAY,FEBRUARY 20,2007(g 7:00 PM In accordance with the provisions of M.G.L.Chapter 40-A,Section 11,the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for a Site Plan Review Special Permit under Section 8.3& 10.3 of the North Andover Zoning Bylaw. The proposed project includes the renovation of existing Messina's Shopping Center and includes construction of new buildings in the area of the existing market,retail pharmacy and liquor store. The additional existing structures,containing retail stores,restaurant and professional office space are intended to remain in place. Property is located in the G-B zoning district. Applicant/Petitioner: San Lau Realty Trust 109-123 Main Street,North Andover,MA 01845 Owner: Same as above. Address of Premises Affected 109-123 Main Street,North Andover,MA 01845 Assessors Map and Lot: Map 29,Lot 48 Public Hearing Date&Time Tuesday,February 20,2007 Q 7:00 pm Location of Public Hearing North Andover Town Hall, 120 Main S 2'�floor AD interested persons may appear and be heard. Persons needing special accommodations and / or those interested in viewing the application materials should contact the North Andover Planning Department at(978)688-9535. Richard Nardella.Cltarsttau J�/tlA. L-Mlz •may � �� •� Cg ` �V>> �, � �yi 1'- o $3sO 20It I QV . FN . mac � v371 w �., as'Std �, ...cr Off Ir 40 XL :13 flu ' �s Cd .croc�a, tatl` �' �, EA, coE- >; E.c w } fit ) 1,, # MQLAK & 4� AUG AN t John 1'. smolak -- —_— T: 978-327-i215 I F: 979-327-5219 ATTORNEYS A T L A tea` .jsmoink(a:�molakv;iu<,han.com March 14, 2007 By E-Mail Richard A. Nardella,Chairman Planning Board Town of North Andover Town Hall 1600 Osgood Street North Andover,North Andover,Massachusetts 01845 RE: Application for Site Plan Review Special Permit Property: 109-123 Main Street(Assessors Map 29,Lot 48) Owner/Applicant: San Lau Realty Trust Request to Continue Hearing Dear Mr: Nardella: On behalf of the Applicant,San Lau Realty Trust,we respectfully request the Board to vote to continue the hearing scheduled for March 20,2007 to the next subsequent Board meeting scheduled for April 3, 2007. The reason for the request is to allow the Applicant to finalize plan changes previously discussed, and to hopefully obtain a final sign-off from the Board's peer review consultant prior to April 3, 2007 meeting. Also attached is a waiver of time constraints for your files. Please feel free to contact my office with any further questions or concerns. Sincerely, a --+ C ohn T.Smolak - -- rqrq C17 JTS/ ' �a cc: San Lau Realty Trust ' e no Chris Huntress,RLA,Huntress Associates -n Jefferson Offim.Pack,820 Turnpike Street,Suite 203,,North Andover,MA 01845 WI"V.SMOLAKVAGGHAN.COM Town of North Andover Planning Department 1600 Osgood Street,Bldg.20,Suite 2-36 North Andover,Massachusetts 01845 Phone: 978-688-9535 Fax: 978-688-9542 WAIVER REQUEST TO: B rC( FROM: 14 a# me_-� . ,o I I c nfi <am La" DATE: '3. )'f. 6 -1 SUBJECT: 5L�e NOVA SPe0-&( ;L3 Al aIAS*i0r;f I HEREBY REQUEST A WAIVER OF TIME CONSTRAINTS FOR: SL+e Plc4r\ ;VeCi-af pprm'( i FILL IN TYPE OF APPLICATION FOR PREMISES LOCATED AT: 10 - 1a 3 Ma« S4" FILL IN ADDRESS IN ORDER FOR THE PLANNING BOARD TO BRING IN—'A)DECISION UNTIL SUCH DATE: FILL IN DATE SIGNATURE OF APPLICANT OR APP ANT'S REP 'ENTATIVE: WAIVERgeneric Town of North Andover Tom cork rm Swm ZONING BOARD OF APPEALS Albert P.Manzi ell,Esq.Chairman Ft E C'-�E-1\1 E D Olen P.McIntyre,Vice-Chairman ; 4 • _ j'"� 13 � v Richard J,Ayet..%Eq.Ckrk Joseph D.IAGrasae } Al �t � David It.Webster 2001 MAR Associate Members Thomas D.Ippolito # Richard M.Vadiancoart 1 k{ ' Daniel S.Braosc.Esq. Date 3• ly. Q?,� Town of North Andover Zoning Board of Appeals 16M 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 panan z l}C—7 ecial Permit Comprehensive Permit(40B) Finding for property located at: STREET: AAA in `�°�° MAP: PARCEL: �I�3 TOWN: N2M...ever,MA 01 TO MEETING DATE(S): 41, / 7, D—7 NAME OF PETITIONER: "U SIGNED: l Petitioner(or petitioner's represerttati 1600 t)sg A Strucy Building 20-Suite 2 3f North Andover,ManachesM 01845 D L� 15 IJ PkNUndS 9 8-9542 Fax=978.688-4542 Web-www.townotnoithandover c om MAK 13tuot BOARD OF APPEALS Town of North Andover •f owr clerk ram sem, ZONING BOARD OF APPEALS E C,::..IV E1) Albert P.Marii 111,N.Ch4irman Tr``,'� 17 � Q (-t Ellen P.McIntyre We-Chairman Richard J.Byers,Esq.Clerk ' ' Joseph D.LaGrasse MAR 14 David R.Webster Associate Members Thomas D.IrpAito t t Richard M.Vaillarw urE ° a ` 3{ L 1 , Daniel S.Waese.Ssq. Date . 1q' 0 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 ariance Z00 -7 06 Y '6 Special Permit Comprehensive Permit(40B) Finding for property located at: STREET: I c--R t e-;l 3 MA 111 S*vc-f. MAP: ?Lli PARCEL t117 TOWN: North Andover.MA 01845 TO MEETING DATE(S). q• 17 . G 7 NAME OF PETITIONER: 5G rt t'a u Rea t6 f rzr SIGNED: Petitiorller(or petitioner's represeatatWef 1600 Osgood Street,Suit ft 20-Suite Za6,Korth Andtw er,Massachusetts 01845 D -438-9541 Fax-978.6W9542 Web-www.wwnotnonhatuover.00tn MAR 13 tuur BOARD OF APPEALS Town Clerk Time Stamp f �OR7M O 4t�ao °�ti F 5 A VARIANCE r- ,ss�causti�' TOWN OF NORTH ANDOVER 2033 FEB 15 Ph 6 : 50 ZONING BOARD OF APPEALS 3 N , NAME: San Lau Realty Trust -RT # , ADDRESS OF APPEAL: 109-123 Main Street (KIOSK) MASS Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more specific publication in the newspaper. The petitioner is notified requirements listed in the Zoning Board Rules and that the legal notice has been prepared and the cost of Regulations and is not meant to supersede them. The the Party in Interest fee. petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office of a Zoning Bylaw Denial form completed by the Building the Zoning Board of Appeals and delivers the legal notice Commissioner. to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: sent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A§ 17,within twenty(20)days after the decision is filed with the Town Clerk. STEPS: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and ten (10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time and CountyNorth Registry of Deeds 381 Common St. date of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: San Lau Really Trust Anne M. Messina Trustee) 109-123 MainStreet,eet Suite 2E North Andover Massachusetts 01845 Tel. (978) 686-8683 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: San Lau Realty Trust (Anne M. Messina Trustee) 109-123 Main Street. Suite 2E North Andover Massachusetts 01845 Tel. (978) 686-8683 Years Owned Land: 38 Years 3. Location of Property: a. Street: 109-123 Main Street Zoning District: General Business (GB) a. Assessors: Map number: 29 Lot Number: 48 b. Registry of Deeds: Book Number: 1122 Page Number: 403 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7.3, Table 2 (Summary of Dimensional Requirements) — Front Yard Setbacks and Section 8.4 (Screening and Landscaping Reguirements for Off-Street Commercial and Industrial Districts) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner is requesting dimensional variances from the required front yard setbacks and off-street parking landscaping requirements to allow for the construction of a kiosk in the location of the existing ground sign at the corner of Main Street and First Street as part of the proposed renovations to the Messina's Shopping Center. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front** Side A Side B Rear A. % X* X-Main Street X-First Street B. % *Variance requested from screening and landscaping requirements for off-street parking (Section 8.4). **Section 7.3 of the NAZB provides that"Buildings on corner lots shall have the required front setbacks on both streets." Accordingly, Main Street and First Street shall comply with the 25-foot front yard setback requirement for a property located within the GB Zoning District. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 145.893 N/A 31.0% 321.73 180 24.6-Main St._ N/A N/A 52.2 30.1'-School St. 21.2'-First St. 6 C. Proposed Lot(s): <10.0`Existing Ground Sign Off Main Street Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 145.893 N/A 32.0% 321.73 172 3.0'-Main St. N/A N/A 51.7 9.0'-First St. 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 N/A 35%Max. 125.00' 271 25.0'* N/A N/A 35.0750.0'** * Section 7.3 of the NAZB provides that"Buildings on corner lots shall have the required front setbacks on both streets." Accordingly, Main Street and First Street shall comply with the 25-foot front yard setback requirement for a property located within the GB Zoning District. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 42.580 s.f. 2 <35'. 50.213 Retail,restaurant,grocery. service and professional office N/A 4.131(1) (2). (5)&(7) *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 42.531 2 35'Max. 52.405 Retail, restaurant,grocery, service and professional office N/A 4.131(1). (2). (5)&(7) *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s) 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Cleric's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. San Lau R�al� Trust Sig nature•',e�-.-�; Trustee Type above name(s) here: Anne M. Trustee PAGE 4 of 4 VARIANCE 9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting 1) Site Orientation shall include: a Finding from the requirements of MGLA ch. 40A, and 1. north point the North Andover Zoning Bylaws. All points,A-C,are 2. zoning district(s) required to be addressed with this application. 3. names of streets 4. wetlands(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property,within 300' radius B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties proposed extension or alteration shall not be more within 50'from applicants proposed structure substantially detrimental than the existing non- 7. deed restrictions, easements. conforming use. I1) Legend&Graphic Aids shall include: C. Address all appropriate details of the Building 1. Proposed features in solid lines&outlined in red Commissioner's denial. 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 10. PLAN OF LAND 5. Title of Plan 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall be applicant, owner of record, and land surveyor. accompanied by the following described plan(s). Plans 7. Locus. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10. D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with A set of building elevation plans by a Registered an asterisk(*). In some cases further information may Architect may be required when the application be required involves new construction/conversion/and/or a proposed change in use. 11. APPLICATION FILING FEES 10. A. Major Projects 11.A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover-#022-1760- Major projects are those which involve one of the 4841"for the cost of first class, certified, return receipt following whether existing or proposed: ($4.64 as of January 2006)x#of all parties in interest I)five(5)or more parking spaces, identified in MGLA ch.40A§11 on the abutter's list for II)three (3)or more dwelling units, the legal notice check. Also, the applicant shall supply III)2,000 square feet of building area. first class postage stamps(currently 39¢)x the#of Major Projects shall require, in addition to the 10B. & parties of interest on the abutter's list for the decision 10 C. features, that the plans show detailed utilities, mailing. soils, and topographic information. 11. 13. Mailing labels: Applicant shall provide four(4) *10. B. *Plan Specifications: sets of mailing labels no larger than 1"x2-5/8" (3 copies I) size of plan: Ten (10)paper copies of a for the Legal mailing and one copy for the Decision plan not to exceed 11"x17", preferred scale of mailing). 1"=40'. II) One(1) Mylar,with one block for Registry 11. C. See 2005 Revised Fee Schedule. Use Only, and one block for five(5)ZBA signatures and date.. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional Minuteman � � _ , 2 0 0 Press®of Andover �a �� The F/nY&Last Step In PrlMing. , --,._ ' S ----------------- ----------- -------------------- ------------------- _ f , i \ � 4 f ------------ ---- ------------- ------- r ............I- ----- --------------- ----------- i �`mss k6 t7 J8 19 20 21 22: _ 22so- 324.25 2627,29 V onBER .11423 4; 5 6 7 8 9 101112 13". _.. --.. _... 141516 171819 20... 21 22 23 24 25:26 27 282930 31 111213 141 18 17' 18 19 20 2122 23 24 25 26 27 28 29 30 _ DECEMBER 9 M T WTF 79 North Main Street,Andover,MA 01810 1 Tel 978-475-4945 • Fax 978-470-1176 • Toll Free 800-585-COPY 9 i 1 12 3 i 15 16171$19202122: staff@mmpand.com 2324 ZS 262T28 29 www.mmpand.com 3051, nr. ? ee.sina, t !;or":. Andover, Essex Cuunty, t,+; �wii ldrratron paid,grant to the said Santo Messina and Laura Manw,ano, as trustees of SAN LAU R$ALT`! TRUS`P, pursuant to Declaration of "rust dated January 8, 1969, recorded in Vorth District of gssex e i'.e..:Is'r•. ^" Deeds, Book fly-a•, page Jq1 . to :cold as TRUS2EFS in accordance :! !a i t _Declaration of Trust, .eu1, gttifriuim ruurnanls , ,iic imt,l in 1;ort., Andover, Essex County, Massachusetts, at the intersection of Main Street and First Street, bounded and described as follows (6acnt.;m•.mF era, mri �ewinning -at the Northeast corner thereof at the intersection of Main `street and First Street; thence running in a Soutt,west direction by First Street, 477.5 feet to a drill hole in a sone bound; t}<ence turning and running Southeasterly, by land now or formerly of the heirs of-Elizabeth feet to a drill hole in a stone bound; thence continuing in ti,e same direction by land now or formerly of Robinson, 56.5 feet to a frill hole in a stone bound; ti.ence turning and running ort'r:easterly, by land now or formerly of Robinson, 110 feet, more or less, to a point at the within described premises; thence turning and running, Southeasterly, by land of said Robinson, 50 feet, more or less, to a point wi,ero the extension of the Northwest sideline .of School Street intersects said land of Robinson; thence turning and running 1iortheasterly, by said extended sideline of School Street and by t::e .tiorthwest sideline of School Street, 380 feet, more or less, to a drill i:ole in a stone bound in Main Street; thence turning and running 1:orthwesterly, by Main Street, 321 feet, more or less, to a drill mole in a stone .bound at the point of beginning. with an easement of passage, on foot and in vehicles, to ti.e irantees, ti,eir successors in title, their Lessees, licensees and invitees over a 40-foot square parcel of land, bounded: Sout'r.westerly by land of Robinson, 40 feet; Northwesterly by land above described, 40 feet; t;orti.easterly by School Street, 40 feet; and Southeasterly by land of. North Andover Shopping Center, Inc. 40 feet. Being; the same premises conveyed to me by Anthony J. Durso et ali, by deed dated October 31, 1968, recorded with North District of Essex i'ea,istry of :feeds, Book 1118, Pace .137. Tl,ia conveyance is made subject to a mortgage to the Haverhill Savin,-,s Bank referred to in said deed and to certain leases also referred to in said deed. There is no monetary consideration for this conveyance. d-of-964 fit. ratex�i-tepid-xrQF►tee-t�i1{+t'�+K-e'i Ymency-kn thctttrtCST-end-rrth�t-intrteY.T-therc-in �i«wrr mx4-M�rrestreh Januar 69 �itnrss "Vh'afi.! and «:al this eighth .,...,..day of .. . .... y.......19.. .... i v +e s d L T 4i is,A /�fl ,e �6C;L1;G0� t.ili:3 � l:':1°:i;,il:r� 3➢� pat9t1p2i . P aw alojay •�,��, E,yyr .i,t a�l� g�� �� cel lcsarr�ri�rsur �'uus�`aso� �t�� �a���:�ou•,e us eulssow o-4uT3 ��au;r : r , 61 IIJq.L XJVnuvr EXHIBIT B VARIANCE DECISIONS AND 1986 ZONING BYLAW EXCERPT �'` ;.<: "/''"`�'► days atter Lt» Tr. {'. riU1 `ti�w date d fllir�i thlt"at,-.4r G, pOF.i, �cew in to otft of the Yn'Rns JS t5 tM 32 t� TOWN OF MINTS NASSA ti tZ, I NOT1CS Of 01 CIStON 1!, 19841 �'�►....35-6e4........... Juna L1 1 8 tow a gseisa.........._....4..4 �t`i•,'r� af, .. �..r.' ..A1L1Lr1;TAO$.h.. ......................... . TDaniel L . .. Town Office ' fi a><adsd fog-1231laia street ................................ North Anacve R �1 ............. dtbs =or41#tg.B1r.F8ta _ !fear Mr. Lon Va ing to the above paddra ae a vaeLliae flan dfe teq»<Damats i 1 $eetion.T, Paragrapb,7.] u�d Table Z....................................... � The Board of June 11, 148 ru (� �:4 Y aarbapae�t relict d_1[�4t.Yat4.leL?teeli_stQltl�ceateCt The hearing fro* ths.041k.#n t to allay.the,copstzuetion,ot,aSl.edelitlRlL.............. .. May 4 and mail. The f l Prizer!eo Es thtahemdohd*BorrdaAPP-12�eathe = Nickerson; H Atlee a pehlie hsatmt t+ma os variance ..- ad huff eethmira dfa) °t�to Iwr a T�e petition {E I JJ Paragraph 7. . i', fIkl �Y - and rear at l �m_co�nseruct An.addiLtoa.ta.tate.2tessina'.s.Narkot bvildSoQ..... 123 :gain Sts 5 Ejal district._ I ioft the sham week.taord QP%1 the Iona mint lar the aetidneaonditmetc i That t toot high bemloeate'he planted and maintained 4 feet on center counsel for _ - to allow Sar 210% feet along the lot line abutting land N/8 of Che Acrth AndoveX to the prsat Housing Authority and 563 feet along land N/P of Rally R. Realty. build}ng the arc in a G3 C '=' TMabOOts'�I>it '1tL7�Ya The side of ..._.i nmrac if.::.fs9ad proXsed bus - ;'•�F Allred,E:, Y;ia61.�a,-,P.§Q•.�.V�C.O. Chaiimait I The Zoning S abuts a vas: C—.._y r Nilliala d, Sullivan. .. -.. 22 feet fror setback. •. QV Augustine iT. ftickeroen ' 1 f. •�'� r1 ... � The present •+�.�N� Walter F. Soule ! years. The. it abuts the R• i +.r ftaurice S. Foulds. Authority, Bond ofAx-bThe prove trustee. sad ? � I � � -- .- - -J•- ..._. _� ' _ � area. e i' t r . i, � tic haft be flsad 17Z i "ll alto a ` • Any app sMg be Afed al tats Notice s Cr Ndndwe(a01 days atter the of the Tawnla .bR daft of bang of ahla NoVes m•office d Lhs Town Celt TOWN OF NORTH ANOOl s1AS0U1pWSElYs 80ARD OF APPEALS JtSne 14, 1954 198• Mr. Daniel Lang, Town Clerk Sat Eau Realty Trust ?own office Building 1o9-123 Rain Street :north Andover, Mass. 01845 petition No. 35-184 Dear Mr. Lang: The Board of Appeals held a public hearing on Aonday evening, Duna it, 1984 upon the application of San Lau Realty Trust. e~sentt t The hearing was advertised in the forth Andover Citizen on f Hoy 24 and 31, 1984 and all abutters were notified by regular ( mail. The following members were present and voting: Alfred t Frizelle, Esq„ Vice chairaan, William J_ Sullivan: AugTtine the Nickerson, Walter F. Soule: and 3aurice S. Foulds. -1 a The petitioner seeks a'•varcaace from-the-provisions of Section 7, Paragraph 7.7 and Table 2 so as to permit relief from the side and rear yard setback requirements on-peroses located-at ( 123 ?lain Street, located is the General Business (G8) zoning._ district.— >n center Counsel for the petitioner,testified that the variance is necessary Andover to allow San Lau Realty'Crust to construct an addition to the rear salty. of the premises at 109 main Street. The proposed addition is for the building that is occupied by mansina's Market. The preaS.ses affected arc in a Ge district and the rear of the premises abut a R-5 district. The side of the premises along First Street abut a R-4 district. The l proposed building will be located 32 feet from the roar lot line. ice Chairman t The Zoning By Law requires a 50 foot setback when a business district abuts a residential aistriet. The proposed building will be located 22 feet from the side lot line, where the By Lav "quires-a 25 foot setback. ( The present building bas been situated in its position for over 20 4 years, Therax is greenery an the rear lot line where the property abuts the R-5 district, being land of the Borth Andover Lousing Authority. The trustees of San Lou Realty trust wish to help Worth Andover for 1 prove its downtown by upgrading the appearance of the buildings la the arae. - J _!. ._yy i} 1} a�aova. F 4 1 a. A.4 i San Lan pnalty Trust 104-123 Main Street iiJn ;tt • ._ -" t7 Petition'No. 35•'64 c i Jane 14, 1444 J�25 CtP 2-30 1 k Page 2 'k p 1 Upon a motion nada sy Poulds and sacbnded by lUe Seale -t3a q"r fBoard vctnd unanimously to grant the Vorianoa subject to tfie . ��4L itfollowing conditions rub y 1. That 4 toot high harlochs be planted and aairrtainad i'Leat + center 220y feet along the lot line 'abutting land 7A]F a�`tf►e North Andover Boualnq Authority and S6§ aa Peet aig lead l[/t e! 7i Sig % rally R. ftai>=yJ i t to granting the variants, the HoerQ finds that Secehe Se.i o{ the Ecol� B Lar has been satisfied. In particular, the Hoard i}ade ibato.Ing to the size and shape of the lot, a literal eufGrC nt AT.penin IW of the Previsions of the by Lav would Create a hardship to the Tawe offite t petitioner. The Board further finds that desirable relief may be North Andovet granted without substantial detriment to the public good and without _ nullifying or substantially der0gatiu9 from the intent and purpose +� <. Dear Mr. ionp f of the zoning By Law. Sincerely, At a regular Lhe North An{ BOARD or APP8AW the decision the Trust Were present NIll iam J. Si Alfred E. Frizalle, laq.. _.._ r Maurice S. F, ' - vire chairman Upon a matin - Board then w cords "and S (Plan to follatl - — -- - --•r•-;- _ Kindly attar office. 7ksa m sews ivs l { cc ATplican Attorney Parties Ssildinl Assessot Recorded An + Av osftd siia8 be Med j 5 WOM QM dM altar the » data of flung of tht KWM f 1R', tiaR '�. R4 20 INOW of tho Torn i! J&11 211 , 10la4 0.rwOWM Af+a WER E the nalsAaillSETM I BOA= OF APPUL/f .t � the Y: t July 17, 1984 of tba tinea �ceinent Mr. Daniel Long, Town Clark San Lav Realty Trust ay be Town Office Building 109-I23 main Street W ithout - North Andover, Mass. Petition No. 3S-184 puzpose ', Dear Mr. Long: At a regular monthly meeting held on Monday evening. July 9, 1984 the North Andover Board of Appeals voted unanimooSly to reconsider the decision rondered on June 11. 1964 an the .petition of San Lau Realty Trust. being Petition No. 35-184. The following members wera present and voting; Alfred B. Friselle, £34-9 Vice Chairman; wiIliam J. Sullivan; Augustine M. Nickerson; and Associate member 4•. _ Maurice S. Foulds. Upon a mocln mada by Mr. Nickerson and seconded by Mr. Foulds, the Board then rated unanimously to amend the decision by deleting the -— - words 'wand S6 I/2 feet along lead N/P of Kelly R. Realty.* -'— — - Kindly attach this amendsaa{to_tha derision on file is your office. - Sincerely. ►+rt�ahfmaesemner►a:alaat BOARD OF APPEALS ^ Alfred B, Frizella. Vice Chairman jw cc Applicant Attorney Parties in Interest Building Inspector ° f Assessor •�. �,_.,r�•+;r� Recorded Aug,28,1984 at 3:20Y A6354 _ •'i` I w� f • •. � f.,AOR Try� y, A PCT 4; _34 'f5n I t '�,4Ss�a{ustit TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sanlau Realty Trust petition #91-$8 109-123 Main St. North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on October 13, 1987 on the application of Sanlau Realty Trust requesting a variance from the requirements of Section 4, Parag. 6.6(5)d of the Zoning ByLaws so as to permit relief from front setback in order to replace sign at shopping mall. The following members were present and voting: Frank Serio, Jr., Chairman, Alfred Frizelle, Vice--chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 3 and September 10, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor will it adversely affect the neighborhood. Dated this 15th day of October, 1987. BOARD OF APPEALS This is to certify that twenty(20)days have elapsed from date of decision filed without filing of an appeal. Date 0 y6wt cs, �9 Edi Daniel Loff , Frank Serio, Jr. Town Clerk Chairman /awt ATTEST: A True Copy Town Cls:k i t t^� N1lK Tri iaV t 1 1835 �• •1 ;�S'""wf. � r , ►� RCl TOWN (S NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Sanlau Realty Trust Date . . . . . .October• .16, .198-7. - 231 Sutton Street N. Andover, MA 01845 Petition No.. . . . . . 91788 Date of Hearing.October 13> 1987 . . . . . . .. . . . . . petition of . . . . Sanlau Realty Trust . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Premises affected . . . . .?09-123.Main Street Referring to the above petition for a variation from the requirements of " Section. 6.. . _ . _ _ Paragraph .6,6.(5)d of,the Zoning• pylaws. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . so as to permit relief, from front, setback, in _order. Co _replace .sign. at, .shopping m411. After a public hearing given on the above date, the Board of Appeals voted to . _GRART . . . . the . . .variance. . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit t�x,erection,of. new .shopping .mall. sign.to. Sanlau. Realty.Trus.t.. . . . . . . . . . . . . . ix � Signed Frank Serio, Jr. , Chairman . . . . . . . . . . . . . . . . Alfred Frizelle, Vice-chairman . . . . . . . . Augustine Nickerson, Clerk Walter Soule Louis I Rissin Board of Appeals THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 Reprinted 1986 F so rh or At 'gCHUSfc PLANNING HOARD SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase its floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in. the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: use Minimum Spaces Required One or two-family residence One space per dwelling unit Multi-family residence 1.50 spaces per dwelling unit for two or more bedrooms. 1.25 spaces per dwelling unit of less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied for the elderly under govern- ment assisted programs. All other places with One space per sleeping room sleeping accomodations for single or double occupancy. including rooming houses, (if occupancy exceeds two per hotels, motels, hospitals, room, one space per two beds nursing homes, etc. shall be provided. Auditoriums, theaters, One space for each four persons athletic fields, funeral based on design capacity of parlors, and other places the facility. of assembly. Restaurants and other One space for each three seats. eating and drinking places. :91tail 'store and service Six spaces per 1,000 square stablishments. feet of net ground floor area (excluding storage area) , ex- cept five spaces per 1,000 square feet of net ground floor area (excluding storage area) in Business 1 and 2 and -66- General Business. -tbl i lb- ments located within 350 feet of a municipal parking lot __ shall have 50 percent of the required number of parking spaces. In addition, one-half the re- quirements for uses on the first story shall be required for each additional story. offices, research facilities Three spaces per 1,000 square feet of net floor area (ex- cluding storage area) . Warehousing, wholesaling, One space per 1,000 square feet distributing of gross floor area. Manufacturing, assembly, One space for each two employ- fabricating, etc. ees in the maximum working shift or one space for each 1,000 square feete of gross floor area, whichever is greater. 2. The required parking for any two (2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. 3. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. 4. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accomodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the provisions contained in the above schedule. 5. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, -67- EXHIBIT C DENIAL LETTER 02/14/2007 09:49 9786888476 HEALTH PAGE 05/06 zoning Bylaw Review Form , ••-. Town Of North Andover Building Depalrbnent .1600 Osgood Sys;Building 20,Suits 2.36 Northr And r,MA.07845: Phone 978-M-9545 Fax 9764388.9W Street: 199.123 MAIn Street -9 ook h1a 1.0#: 2948 AP Ik ont:, Un Lau Roft.Trust, Ragueot Retnovatkb of 9uisti Mu9aelna's Center Date• '2-13-07 ' Plan be advised than afhir review of your APOIcation and Plana Visit your Application Is DENIED for the folloWng Zoning E31 ew reports: tonin l3istdct• GB Item. Notes Instill Notes A Lot Area F frentage 7 Lot area Insufficient 1 Fro rita a Insufticlent 2 Lot Area Preexistl . x 2 Frorita Com 10A x 3 l.ot Area Com VICS x "3 Ommisting LmO x 4 insuffralent information 4 Insufficient klformation Uss •5 No access over Frontage 1 Allowed X {y Cwtdguous SulMing Area 2 Not Allowed 1 IrmvfPlciertt Area a Use Preexisting 2 Com los x 4 dot Perrtrl# fired X 3 preeWsflrM C5A x 5 Insulklertt Information 4 Insufftclent Information 9 t H Building Hoigttt Atll setbacks con 1 Ftei ht Exceeds Maximum 2 Front Malin Insufficient X 2 Coto les x 3 Left School lnsuf kknt 3 Fres Fie' ht x 4 Right First Insufficient 4 insufficient Information 5 Rear Insulficlent I Building Covsraga B Preexistl setbacks 1 cover o exceeds llmaximum 1 7 Insufficient Information 2 coverageCom plies x D Watershed 3 Coverage pme)dstfng X 1 Not in Watershed X • 4 Insufficient tnfarmatfon 2 In Watershed .i Sign 3 Lotiirr to 10124/94 1 sign not allowed 4 Zone to be Determined 2 Sign Com ies 5 Insufficient InfgLmstion 3 Insufficient Information E Historic Di9trict K Parking 1 In District review Leauired 1 More•Parkinuired . 2 Not in district X 2 Parking Lot Scream X 3 Inst front Information f�emedy for the abate is chackod beltsw. Iters N. Special Permute Planning Board item g Varlwx* B.4 She Plan Rrsuhtw Special Pern it, Cr2 Setback VrrrtaMa acnes Other than Frontage Sperdal Permit K-2 Padang Variance Frontage Emm"on Lot Spade]Perttllt Lot Arca Variance Common DrtvewW special Permit t Valance Coro"" wft specter Permit Variance for 3 n Comms ttt Caro Retirement Spada Permit 8 VWall Perrrtits Zoning dOard rrdepandent ISIdarly Housing epactal Permit Spealal Parma Nonzonf msrig use M Large Estate Cando Special Permit Earth Removal$ al Permit ZBA Plsmed DevetopmentDwet Swel Special Permit Use not I.tyted but Sirlfilar Permit PFannoo Fimjdemiw spasm Permit $ Petmit W2—Unit R-6 DoI1sNy Spedar Permit Spacial Permit Pre-axisung,Non- Confo min wabsrsheE gMdM1 Ptxmit Supply Addigonai Inforrnatibr5 The above review and attached explanation of such ie baed on the plana and hNdanailm Submittals, Nonl�the redi*w and tit advice that be booed an verbal exrliutnatlads by the oppilOW r4r shan such verbal appntant sewn to provide doorriti"answers to ma above masons for DOMAL. Any Inaccumcles..mWeading.. informatian.or other su6saWent changer to the 1 Ohn.radon submitted by Om applam shag use grounds 1a this review to be voided at the dtejWm of the Bullufig Depednfern.The attached document Aded"Plan Review Narrative"atop be attached hereto and Incorporated herein by rareranee. The building department uta retain all plans and documentation for the above ou Met file aa�now hue ding permit appdkntlon form and begin the pannitling process. SuNding Depanmont Official;signature AppticOM Pkmel%md oeniad Denial Sent -- --- _- If Faxed Phone NumbeNDate: FEB-14-2007 10:37AM From: 9786888476 ID: Pa9e:005 R=100% 02x''14+{2007 09:49 9786888476 HEALTH PAGE 06/06 Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the buikIN permit for the property indicated on the reverse side: 11 WM C-2 A Variance timet the Zoning Board of Appeals is required fim Section 1.3, Yard Setbacks&Table 2 of the Zoning Bylaw for tho Main&First Street front setbacks in order to construct the Wosed kiosk.. K-2 A Variance from the Zoning Board of Appeals is required ftem Section 8.4 (Screening and Imdscaping Requircmcnts for Off StrM Commercial mrd Indugtriai DigtSts j in order to construct the sed kiosk.. B-4 A Site Plan Special Permit is required from the Planning Board. Referred To: Fire He�tlt police IX I 7mftm FkARM of iS Conservall4n Do rtm9M of PUWI6 Wdrkg X Planning }i Mr1cm CzfnMIRRfen �lrter IIIJIL ING DEPT zoninsaylawbMial2000 FEB-14-2007 10:37AM From: 9786888476 ID: Page:006 R=100% EXHIBIT D ABUTTERS LIST Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) Town of North Andover Abutters Listing 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' Pg. 1 of 5 MAP PARCEL Name Address 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 29 36-37 Richard Lentini 56 Neck Road,Ward Hill,MA 01830 29 38 Rack Realty LLC 91 Hampstead Street,Methuen,MA 01844 29 23-34-35 Town of North Andover 120 Main Street,North Andover,MA 01845 29 31 Go CB Ellis/Boulos P.M. One Canal Plaza,Portland ME 04101 29 33 Schruender Nominee Trust 73 Chickering Road,North Andover,MA 01845 29 32 William Whittaker 73 Saunders Street,North Andover,MA 01845 29 27 Elizabeth Mazurenko 35 Timber Lane,Methuen,MA 01844 29 28 TimothySouthgate 13 Cleveland Street,North Andover,MA 01845 29 29 Dennis Gallagher 529 Prospect Street,Methuen,MA 01844 29 30 100 Main Street Trust 41 Chestnut Street,North Andover,MA 01845 29 54 Robert Pangione 245 Brentwood Circle,North Andover,MA 01845 29 26 Manny Shaheen 16 Sutton Place,North Andover,MA 01845 29 52 Michael Kellan 90 Main Street,North Andover,MA 01845 29 25 Pacific Main Realty Trust P.O.Box 486,North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street,North Andover,MA 01845 29 55 Robert Safi 22-24 Cleveland Street,North Andover,MA 01845 29 42 John Mc Elhiney 190 Kings Highway U-A16,Hampton,NH 03842 29 56 Michale Xenakis 48 Waverley Road,North Andover,MA 01845 29 43 Richard Else 160 Commandants,Chelsea,MA 02150-4043 29 44 Atlantic Realty Trust 89 Main Street,North Andover,MA 01845 29 60 Peter Vaillancourt 31 Lincolon Street,North Andover,MA 01845 29 45 Joyce Realty Trust 120 Collins Landing Road,Weare,NH 03281 29 46 Evros Realty Trust 675 Foster Street,North Andover,MA 01845 29 14 Thomas Barnes 76 Saunders Street,North Andover,MA 01845 30 2 Olympia IV Realty Trust 277 Lowell Street,Andover,MA 01810 30 41 Allen Lappas 105 Leslie Road,Waltham,MA 02451 30 1 129 Main Street Realty Trust 21 Wellington Road,Winchester MA 01890-0051 30 3 Stergios Papadopulos 11-13 Second Street,North Andover,MA 01845 30 4&36 June Thornton 20 School Street,North Andover,MA 01845 30 25 Terrence Joyce 50 Second Street,North Andover,MA 01845 30 38&35 Landers Nominee Trust 40 Court Street,North Andover,MA 01845 30 37 JoRaymond Lafleur P.O.Box 265,North Andover,MA 01845 30 5 N.A.Housing Authority 1 Morkeski Meadow,North Andover,MA 01845 30 26 Lisa Loosigian 42 Second Street,North Andover,MA 01845 30 27 Daniel Cyr 38 Second Street,North Andover,MA 01845 30 29 Helen Matheson 32 Second Street,North Andover,MA 01845 30 28-A Sheera Sleator 26 Second Street,North Andover,MA 01845 30 28-B Scott McCoy 26 Second Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as Of Certified b ate a2 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 29 48 SAN LAU REALTY 109.123 Main Street,North Andover,MA 01845 lers Properties Map Parcel Name Address 30 7 Frank Cain 14 Second Street, North Andover,MA 01845 30 8 Cardinal Partners, Inc 8411 Preston Road#850, Dallas,TX 75225 30 32 James P Realty Trust 200 Bridle Path, North Andover, MA 01845 18 74 Katharine Deming 21 First Street, North Andover,MA 01845 18 44 Donald Foulds 25 First Street,North Andover,MA 01845 18 63 Mary Hosing 38 Waverley Road, North Andover,MA 01845 18 70 Daniel Beane 29 First Street,North Andover,MA 01845 18 69 Guy Ando 56 Waverley Road, North Andover,MA 01845 18 45 Horace Baril 37 First Street,North Andover,MA 01845 18 46 Linda Kody 60 Waverley Road, North Andover,MA 01845 18 47 Carol Wright 64-66 Waverley Road, North Andover, MA 01845 18 48 Robert Sullivan 72 Waverley Road, North Andover,MA 01845 18 73 Erica Markey 53 Waverley Road,North Andover, MA 01845 18 58 Edward Gardner 99 Bonney Shores Road, Meredith, NH 03253 18 59 Guido Montanro 63 Waverley Road, North Andover,MA 01845 18 60 Laura Dichiara 71 Waverley Road,North Andover,MA 01845 19 9 Mitchell Starr 64 Second Street,North Andover,MA 01845 19 4 Manuel Salinas 53 Second Street,North Andover,MA 01845 19 5 Paul Dubois 57 Second Street, North Andover,MA 01845 19 6A&6B Peter Doherty 36 Maple Avenue,North Andover,MA 01845 19 7 Michael Sibeleski 30 Maple Avenue,North Andover,MA 01845 19 8 John Mcduffie 22 Maple Avenue,North Andover,MA 01845 19 1 N.A. Housing Authortity 310 Green Street,North Andover, MA 01845 41 33 Bank of America 101 N.Tryon Street,Charlotte, NC 28255 PARCEL_ID Owner Name # Street City State Zip 210/040.0-0004-0001.G LASKOWSKI,LINDA J 148 MAIN STREET BERKELEY CA 94707 210/040.0-0004-0002.G STERN,GEORGE B 148 MAIN STREET HAVERHILL MA 01835 210/040.0-0004-0101.0 DEVITO,NANCY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0102.0 BELLOFATTO,NICHOLAS&ERIN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0103.0 VENTURA,ANNA MARIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0104.0 TOWSE,ROBERT&MARY JANE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0105.A FREDO,ROBERT F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0106.A ROSENBERG,ZENA 148 MAIN STREET FLUSHING NY 11367 210/040.0-0004-0107.A BOWMAN,WILLIAM G. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0108.A SIDABRAS,CAROL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0121.K FARIA,LINDA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0122.K COOTER,STEPHEN&DELUCA,ROSE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0123.K LIVINGSTON,ROBERT E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0124.K DEERING,JOSEPH A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0125.K MARSHALL,EDWARD S 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0126.S DWYER,ISABELLE V 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0127.S HMURCIAK,MARY A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0126.S DONOVAN-KING REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0129.S CLARKE REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0130.S SHAUGHNESSY,BRIAN EDWARD 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0131.13 WEINERMAN,BEATRICE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0132.B O'BRIEN,FAITH B 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0133.8 VERNILE,DOMENIC 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0134.B LYONS III,ARTHUR W 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0135.B WAY,MARY 148 MAIN STREET HAVERHILL MA 01832 2101040.0-0004-0201.0 COOPER,DENNIS 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0202.0 BARRY JR,JOHN G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0203.0 CHABOT,DONALD R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0204.0 FRIEDMAN,M GERALD 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0205.0 PORTER,M ELEANOR 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0206.0 HAWLEY,ALLAN X 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0207.0 KRAMER,SUZANNE M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0208.0 MURPHY,DANIEL J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0209.0 SISKIND,MYNDA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0210.A O'BRIEN,FRANCIS J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0211.A MC GRAVEY,JAMES A 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0212.A GEORGE F HENDERSON IRREVOCAB 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0213.A EDITH ROSS REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0214.A NOWLAN,JAMES P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0215.A BELIVEAU,LESLIE&VARNUM,MAR 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0216.A BURGIEL,BEATRICE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0217.A PAPAPETROS,THEODORE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0221.K LYLE,MARJORIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0222.K STRUMPFLER,FRANK R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0223.K O'SHEA,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0224.K COX,NANCY L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0225.1< RICHARDS,CHARLES W 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0226.S VANDERHOVEN,ROBERT&MARY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0227.S BOYLE,LILLIAN NOWAK 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0228.S KATTAR JR,JOSEPH K 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0229.5 ROGERS,HOMER A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0230.S O'KEEFE,DOROTHY M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0231.8 DRISCOLL,PATRICIA&FINN,JOHN T 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0232.B PARSONS,STEVEN H 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0233.B DANNAHY,MAUREEN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0234.B SUTTON POND REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0235.B KINNEAR,MADELINE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0236.0 RILEY,NANCY A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0237.0 EWING,ELIZABETH E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0238.0 MARGOLIS,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0239.0 LAFOND,MARGUERITE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0240.0 DANAHY,CATHERINE E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0241.F STAUFFER,DALE C. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0242.F MARTINEZ,FRANCISCO J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0243.F FOSTER 243,148 MAIN STREET REAL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0244.F FRITZLER,FREDERIC J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0245.F SWEENEY,PATRICIAA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0301.0 DEERING,BEATRICE L 148 MAIN STREET HAVERHILL MA 01832 210/040.0-0004-0302.0 BOEGLION,PAULINE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0303.0 MARY RUTH PELLETIER 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0304.0 MC MANUS,E JULIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0305.0 MC GUIRE,CAROL A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0306.0 MC MANUS,E JULIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0307.A THE MANN FAMILY REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0308.A FARNHAM,BEVERLY P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0309.A J.C.B.REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0310.A PARFENOV,ANNA&HERMAN 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0311.A PAQUIN,MARY&BLIGH,KLATHLEE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0312.A MURPHY,CARA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0313.A MC CARTHY,RITA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0314.A DELANEY TR,DONNA R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0315.A IACOPUCCI TR,MARGARET A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0321.K PROCTOR,JOAN M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0322.K NUGENT REALTY TRUST,PATRICIA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0323.K COWHEY,ELEANOR M LT 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0324.K GOODE TRS,WILLIAM E&MARGIT R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0325.K KSJ REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0326.S CAMERON-HALL,DONNA 148 MAIN STREET MEDFIELD MA 02052 210/040.0-0004-0327.S MC CANN,SHIRLEY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0328.S MALLEN,REBECCA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0329.5 SICARI FAMILY TRUST,ROSE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0330.5 MILLER,ESTHER 148 MAIN STREET PLAISTOW NH 03865 210/040.0-0004-0331.8 BEHENNA,JAMES F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0332.8 PANGS,MARIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0333.8 MILLER,MELANIE R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0334.B KEEGAN,SHIRLEY TR 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0335.B D'AGATA,FLORA E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0336.0 FOUNTAIN TR,RONALD A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0337.0 GONCALVES,TERESA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0338.0 VELASQUEZ,JORGE&BELMONTE,A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0339.0 COREY,KAREN L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0340.0 ORTSTEIN,CAROL J 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0341.F MCGETTRICK,BRIAN M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0342.F PALUMBO,LORRAINE P 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0343.E SPERANDIO,JANET E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0344.F GOEBEL,ALBERT A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0345.F TOWSE,MARY L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0401.0 ROUHANI,SHIVA&BEHDAD,SIAMA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0402.0 RYAN,JOHN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0403.0 LEVIS,JOSEPH G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0404.0 NEUBERT,ELAINE C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0405.0 NELSON,ERICA C&BOFFETTI,A. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0406.0 MURPHY SR,WILLIAM E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0407.A SILBEY,ALFRED T 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0408.A HOEGGER,JEAN M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0409.A BLUMENREICH FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0410.A THE MARKEE FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0411.A BRUCE,LLOYD&BARBARA TRUSTE 148 MAIN STREET TUCSON AZ 85715 210/040.0-0004-0412.A THOMAS&JOSEPHINE COMPARATO 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0413.A CARUSO,HAROLD A&PAULINE M L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0415.A CURRERI,PHYLLIS P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0421.K JOHNSON,JOYCE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0422.K SAMIA,FRIEDA E LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0423.K MARSHALL,LYNDA A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0424.K HATCH,EUGENIA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0425.1< KLAPES,LINDA L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0426.S DIVINCENZO,RISA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0427.S PALLADINO,ROSE M 148 MAIN STREET ANDOVER MA 01810 2101040.0-0004-0428.S WRIGHT,ANTOINETTE B 148 MAIN STREET LONDONDERRY NH 03053 210/040.0-0004-0429.S GRIMLEY,PATRICIA B 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0430.3 NERISSA PARISI 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0431.B BURKE,SHAWN P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0432.8 BOYD,GERALD F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0433.8 HORTON,NANCY P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0434.8 CARD,JEAN G F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0435.B GLORIA REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0436.0 MONAGHAN,TIMOTHY 1 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0437.0 WALSH,JOHN J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0438.0 MCCUSKER,JEANNE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0439.0 DUNN,JAMES G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0440.0 DOYLE,DONNA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0441.F JEZIERSKI,LEO J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0442.F A.M.GUERRERA REALTY TRUST 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0443.F ROUTHIER,ANNELLE E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0444.F MCGUIRE,JAMES A&SHIRLEY C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0445.F BERNARD,BRENDA E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0501.0 FARAHMAND,ARYA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0502.0 PACHOLSKI,KIMBERLY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0503.0 FEH NOMINEE TRUST 148 MAIN STREET WESTFORD MA 01886 210/040.0-0004-0504.0 MC QUADE,M ANN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0505.0 HILSE,WILLIAM G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0506.0 ROGERS JR,RICHARD C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0507.A YORK,SHERYL M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0508.A HOEGGER,JEAN M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0509.A HILSE,JEAN M LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0510.A BEHRAVESH,MAJID 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0511.A MORIARTY,DONALD W 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0512.A CHRISTINE V SHEEHY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0513.A SCOTT,DONALD&SCOTT,HELENE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0514.A WOODWORTH,BARBARA W LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0515.A DOHERTY,FRANCES M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0521.K BUCK,THERESE H 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0522.K CHADHA,SONIA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0523.K CHARLES&KAREN GUZELIAN 148 MAIN STREET WEST NEWBURY MA 01985 210/040.0-0004-0524.K THE BUJAN FAMILY REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0525.K LEVIS,JOSEPH 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0526.S CARDILLO,LEANNE J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0527.S LAPORTE,CAROL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0528.S SHAMUS,SANDRA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0529.S EMILY GRASSO,TRUSTEE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-05303 KELLY,JEAN E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0531.B VINCENT,MARK 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0532.8 BERGAN,TERESA A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0533.13 ARSENAULT IRREV TRUST,ALFRED 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0534.B PAROW,HELEN E LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0535.1 PECCI,STEVEN P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0536.0 SLATTERY,WAYNE&PAULA 148 MAIN STREET HAMPTON NH 03842 210/040.0-0004-0537.0 FARIA,COLMAN C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0538.0 YALOFF,FAYE P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0539.0 WILLIS,JOAN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0540.0 SUHR,BARBARA K 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0541.F FENTON,FREDERICK,&MARGARET 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0542.F KWONG,BRANDI 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0543.E DWYER,GERALDINE M,MAUREEN N 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0544.F WESTON,CANDICE A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0545.F DEVINE,LISA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0218.A NADELL,FRANK 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0414.A RULLO,FRANK J. 148 MAIN STREET NORTH ANDOVER MA 01845 it EXHIBIT E TRAFFIC LETTER AND FIRE DEPARTMENT LETTER I DJKDermot J. Kelly Associates, Inc. Traffic EngineMng/TransporWan Planning 280 Main Street, Suite 204 North Reading, MA 01864-1300 Office: 978-664-2205 Fax: 978-664-2444 REF: 733 February 7, 2007 Timothy McIntosh Vanasse Hangen Brustlin Inc. 101 Walnut Street PO Box 9151 Watertown, MA 02471-9151 RE: Messina's Shopping Center Dear Tirn; Attached please find a Conceptual Access and VVB-50 Truck Circulation Plan and a Conceptual Access and Fire Lane Circulation Plan both prepared by DJK Associates, Inc. dated December 10, 2006. Both plans were prepared for the proposed renovations to the Messina Shopping Center located on Main Street in North Andover, The proposed renovations will allow the existing CVS to move into a larger space with the overall shopping center decreasing by approximately 200 square feet. Since the CVS is adding a drive up window the traffic generation and parking requirements will essentially be the same pre and post renovations. Consequently there is no offsite traffic and parking impacts created by the proposed renovation. The proposed renovations will provide on site landscaping and traffic circulation improvements as shown on the attached plans. The Main Street driveway is proposed to remain at its existing location with additional curbing, signage and pavement markings added to the entrance/exit. Along First Street adjacent to the existing building there are curbing and sidewalk improvements proposed which will add defined on street parking spaces and improve traffic circulation, The Conceptual Access and WB-50 Truck Circulation Plan was forwarded to North Andover Fire Chief Dolan for review. The Chief indicate that fire truck circulation around the building is adequate as noted in his response letter which is attached. The Chief did request that a "Fire Lane" be provided around the back of the building and that it be appropriately signed so that vehicles would not park in the Fire Lane. Based on that comment the Conceptual Access and Fire Lane Circulation Plan was developed which provides a Fire Lane around the building supplemented with "No Parking Fire Lane" signs as shown on the plan, 733-Tim Mdntosh,VHB-UO2-doc DJKDermot J. €felly Associates, Inc. Trak Engineedng/Transportation Planning Upon your review of the above referenced plaits, please do not hesitate to contact me if you have any questions, comments and/or if you require any additional information, Sincerely, UJK ASSOCIATES, INC, Dermot J. belly, PE, E President Ericlosure cc: Lincoln Daley, North Andover Town Planner Christian Huntress, Huntress Associates, Inc File 729-UO2 10-27-06 TOWN NORTH ,41NDOVER .Fire Depament CentmiFireH e 1,24MAIN STREET" . " =a;at .a Tl (978)688-9599) x:. �tief oy,1.��par rtr enl FAX(978)689-c)594 A illiam P. Martineau Towno-f rt , ted v .,-, Mr. Dermot J. Kelly, PE. PTOE 203 Main .``street. cite 20 North Reading.,MA 0 1864-1300 10 Januan, '2007 Lear Mr, Kelly, Thank �(,)u for providing the North Andover Fire Department the truck circulation plan for ;Messina°s Shopping;center can the pian cued 12/10/06. As indicated by the pian there will be sufficient access way for use by the fire department around fnis building provided vehicles utilize the parking spaces provided and do not park so as to obstruct the lane. Vehicles should not be parked can the access land along the length of the road parallel to school street and proper siege should be placed in this area to indicate that parking; is not allowed and the lane in this area be appropriately marked as a lire lane.. This letter is in reply to access requirements and not indicate agreement for fire protection for the, structure or exposures. which ,%rill he addressed during the.plan review process_ Please contact me if you have any questions regarding this letter.. Respectfully. �,1111arn V, Dolan.Fire Chief " Cc: Christian Huntress Huntress Assoc;i t & Inc:. SCHOOL STREET € 42550 3 00 _ 35.50 D.00 \ R5-1, — —__ (D O O O 00 .2. 50 }R5 1,. -. " I WB-50 dt at Lock to Lock Time :6,D0 _ 1 W H -ncmw ~ T,1111Wcth '.850 Steering Angle :17.70 R6 'L '^" Tractor Track :800 Articulating Angle ;70.00 • - Existing Reta0 &Office Spoce '4, ' yr mrrurirrr�w�ivvirrrrrurui Traler Trock :6.50 Two Story (9.348 et-First Float+) .. �.RRs-1L',... ,, (7.522 of- Second Floor) Qg CW -- I m �� rS s3. P OPO»09 WIJCID®ax N®P09f 1-y R6 1L m. naP tante)sn r®®mr mI 555.5. 0,y •; © ® staff mom Y.6T,C.D. 9YYROL (�fTVf " MAiIBdR PlDTR IztM BRICRT O tm C 'L ry ✓ Rt-t 9a` 90' `j y~'SWLL R6-1L p•7 R P4 JR4-7 a C ! R4-9 " 90' R4-7R ♦ Rb-1 88' 90' (DSIM) so- 12` SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES EDITION 2003 AND MASSACHUSETTS HIGHWAY 3 DEPARTMENT STANDARDS FOR LATEST SPECIFICATION ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. ' I I I J-iny SL T J CONCEPTUAL ACCESS AND o WB-50 TRUCK CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET'NORTH ANDOVER MA. MESSINA'S SHOPPING CENTER -- p ------_ NORTH ANDOVER MASSACHUSETTS GRAPHIC SCALE FIRST STREET SOURCE: BASE PLAN TNOBTAINED FROM HUNTRESS �p ASSOC733 IATES.INC.I ELECTRONIC RONIC FILE'SITFPLAN.DWG" 733CADt-Rt anis 12/10/08 t m Peet) RELIEVED ON JANUARY 17,2007. xv. t¢xsrons �� SeNP: 1"-20' — t t up.Ro M1 SCHOOL STREET ®�R56-�1�L,/ ySP-1 •'-�.."tet-.���.-..... , u.-aw .aczw w..aw .aazw Al R6-1L •_ > Existing Retal @ Office Space rrrrrrrr r r ii rrirririrr rrrrrrrrr Two Story L .. ,,,,r,,,, (9,348 of- First Floor+) 4 s.RR6-1L`� (7.521 of- Second Floor) �4 SP-1 F min v it � s w (a� � PaOPDem OR RQ ®RION IND PDa! p E Dlii YauDa ffiaaR UN[-D-a'Imre O E `R6 IL NL1D 1a11R L1M Iv.1� et arae 1Wi.u'tlmPl laaa'BmDm m Iml m{~ L a San uaFNo NA M.ur.CA sremot E xrWn ,rm2v gotta g - ® M-t so' 90- Ly' L 77 i RB-1L R1-7 24' ^JY R4-7 ; vR4-7, P E Re-t 90' ss" ® L A R ne-lt pSP-1 29' 81" PNR' I x © O lM1E SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES EDITION 2OD3 AND MASSACHUSETTS HIGHWAY I R6-1L DEPARTMENT STANDARDS FOR LATEST SPECIFICATION ® 0 4 ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. R-1 SL T CONCEPTUAL ACCESS AND -- _ FIRE LANE CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. c' MESSINA'S SHOPPING CENTER n ----- NORTH ANDOVER, MASSACHUSETTS FIRST STREET ORAP}I'C SCALE 733 SOURCE:BASE PLAN INFORMATIONOBTAINED FROM HUNTRESS O K ASSOCATES,INC.ELECTRONIC FILE'SITEPLAN.DWG' 733CAD2-RI 1.. 12/10/08 (A Pv17 RECIEVED ON JANUARY 17,2007. PEv.na RENsons wa 1• � ,",«o,.,......,.�-- Town Clerk Time Stamp t NORTH Oatriao;•a tiO F p e y # TC a!; r:-F!('E VARIANCE 50 TOWN OF NORTH ANDOVER 2 �FEB 15 P11-11 � ZONING BOARD OF APPEALS `.`' NAME: San Lau Realty Trust ADDRESS OF APPEAL: 109-123 Main Street Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(30) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Board of an application as incomplete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more specific publication in the newspaper. The petitioner is notified requirements listed in the Zoning Board Rules and that the legal notice has been prepared and the cost of Regulations and is not meant to supersede them. The the Party in Interest fee. petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office of a Zoning Bylaw Denial form completed by the Building the Zoning Board of Appeals and delivers the legal notice Commissioner. to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: sent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessor's Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A§ 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1) original and ten (10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time and County, North Registry of Deeds, 381 Common St., date of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hal 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: San Lau Realty Trust (Anne M. Messina Trustee) 109-123 Main Street, Suite 2E, North Andover, Massachusetts 01845 Tel. (978) 686-8683 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: San Lau Realty Trust (Anne M. Messina, Trustee) 109-123 Main Street, Suite 2E. North Andover Massachusetts 01845 Tel. (978) 686-8683 Years Owned Land: 38 Years 3. Location of Property: a. Street: 109-123 Main Street Zoning District: General Business (GB) a. Assessors: Map number: 29 Lot Number: 48 b. Registry of Deeds: Book Number: 1122 Page Number: 403 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7.3, Table 2 (Summary of Dimensional Requirements) — Front Yard Setback and Buffer Requirements For Rear Yard Setback: Section 8.1 (Parking)' and Section 8.4 (Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts) *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Petitioner is requestinq dimensional variances to the required front yard setback rear yard setback buffer requirements, parking, and screening and landscaping requirements for off-street parking to allow for proposed renovations to the Messina's Shopping Center. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front" Side A Side B Rear A. % X*— X-Main Street X X-First Street B. *Variances requested from parking as well as screening and landscaping requirements for off-street parking. **Section 7.3 of the NAZB provides that"Buildings on corner lots shall have the required front setbacks on both streets." Accordingly, Main Street, School Street and First Street shall comply with the 25-foot front yard setback requirement for a property located within the GB Zoning District. Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E G' ,0 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 145.893 N/A 31.0% 321.73 180 24.6'-Main St._ N/A N/A 52.2 30.1'-School St. 21.2'-First St. 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 145.893 N/A 31.8% 321.73 172 22.0'-Main St. N/A N/A 51.7 30.1'-School St. 14.9'-First St.(Drive-Up Only) 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 25.000 N/A 35%Max. 125.00' 258 25.0'* N/A N/A 35.0750.0'** * Section 7.3 of the NAZB provides that"Buildings on corner lots shall have the required front setbacks on both streets." Accordingly, Main Street, School Street and First Street shall comply with the 25-foot front yard setback requirement for a property located within the GB Zoning District. **Note 2, (Table 2, Summary of Dimensional Requirements)provides that"Adjacent to residential district,an additional 15 foot side or rear setback shall be required.The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, un-built upon, unpaved and not parked upon. 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 42.580 s.f. 2 <35. 50.213 Retail, restaurant,grocey. service and professional office N/A 4.131(1). Q. (6_)&(7) *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 42,323 s.f. 2 35' Max. 52,197 Retail, restaurant,grocery, service and professional office N/A 4.131(1). (2). (5)&(7) *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s) 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal„by th Zoni g Board of this application as incomplete. Bin La r eWtv Trust Si nature: stee Type above names here: Anne M. Messina Trustee PAGE 4 of 4 VARIANCE 9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting n Site Orientation shall include: a Finding from the requirements of MGLA ch. 40A, and 1. north point the North Andover Zoning Bylaws. All points,A-C,are 2. zoning district(s) required to be addressed with this application. 3. names of streets 4. wetlands(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300' radius B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties proposed extension or alteration shall not be more within 50'from applicants proposed structure substantially detrimental than the existing non- 7. deed restrictions, easements. conforming use. I1) Legend&Graphic Aids shall include: C. Address all appropriate details of the Building 1. Proposed features in solid lines&outlined in red Commissioner's denial. 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 10. PLAN OF LAND 5. Title of Plan 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall be applicant, owner of record, and land surveyor. accompanied by the following described plan(s). Plans 7. Locus. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10. D. Minor Projects prior to the public hearing before the Zoning Board of appeals. Minor projects,such as decks,sheds,and garages, shall require only the plan information as indicated with A set of building elevation plans by a Registered an asterisk(*). In some cases further information may Architect may be required when the application be required involves new construction/conversion/and/or a proposed change in use. 11. APPLICATION FILING FEES 10. A. Major Projects 11.A. Notification fees: Applicant shall provide a check or money order to: "Town of North Andover-#022-1760- Major projects are those which involve one of the 4841"for the cost of first class, certified, return receipt following whether existing or proposed: five 5 or more parking spaces, ($4.64 as of January 2006)x#of all parties in interest I ( ) p g p identified in MGLA ch. 40A§11 on the abutter's list for II)three (3) or more dwelling units, the legal notice check. Also, the applicant shall supply III)2,000 square feet of building area. first class postage stamps(currently 39¢)x the#of Major Projects shall require, in addition to the 10B. & parties of interest on the abutter's list for the decision 10 C. features, that the plans show detailed utilities, mailing. soils, and topographic information. 1111. 13. Mailing labels:Applicant shall provide four(4) *10. B. *Plan Specifications: sets of mailing labels no larger than 1"x2-5/8"(3 copies I) size of plan: Ten (10) paper copies of a for the Legal mailing and one copy for the Decision plan not to exceed 11"x17", preferred scale of mailing). 199=409. II) One (1) Mylar,with one block for Registry 11. C. See 2005 Revised Fee Schedule. Use Only, and one block for five(5)ZBA signatures and date.. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional it TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT/OWNER: SAN LAU REALTY TRUST PROPERTY: 109-123 MAIN STREET (ASSESSORS MAP 29, LOT 48) MEMORANDUM IN SUPPORT OF PETITION FOR DIMENSIONAL VARIANCES I. INTRODUCTION The Petitioner, San Lau Realty Trust, is requesting certain dimensional variances to enable it to undertake renovations with respect to the Messina's Shopping Center. Specifically, the Petitioner is seeking relief from: (a) Section 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaw of the Town of North Andover, as amended (the "Zoning Bylaw") to allow for reduced front setbacks along Main Street and First Street; (b) Section 7.3 and Table 2 (Summary of Dimensional Requirements), Note#2, of the Zoning Bylaw to allow for less than a 15-foot green area abutting the rear property line which is generally consistent with existing conditions; (c) Section 8.1 (Parking) of the Zoning Bylaw to allow for reduced parking requirements as shown on the"Site Plans" (as defined below); and, (d) Section 8.4 (Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts) of the Zoning Bylaw to allow for varied screening and landscaping requirements for off-street parking to accommodate the revised site design. It is important to note that the proposed renovations will provide for substantially the same building footprint and layout as Currently existing, but with a substantially enhanced architectural design, landscaping, lighting and other improvements as shown on the Site Plans. II. BACKGROUND San Lau Realty Trust (the "Petitioner"or"San Lau")is the owner of a parcel of land, consisting of approximately 145,893 s.f. (3.349 acres)located on the south side of Main Street in downtown North Andover (the"Property"). The Property is shown on a plan entitled"Existing Conditions Plan, dated October 31, 2006 (Rev.January 17, 2007),prepared by Marchionda & Associates, L.P. (the"Existing Conditions Plan"),which is attached as Exhibit F. The Property is designated on the Town of North Andover Assessors Maps as Map 29, Lot 48. San Lau acquired the Property in 1969, as evidenced by a Deed recorded with the Essex North Registry of Deeds at Book 1122, Page 403. A copy of the Deed is attached as Exhibit A. The Property is located within the General Business ("GB")Zoning District within which existing and proposed retail, restaurant, grocery,personal services, and/or office uses are permitted by right under the Zoning Bylaw. III. SITE HISTORY The Messina's Shopping Plaza has historically operated primary as grocery store operation with associated retail uses since the early 1960's when the store operated as a Start Market. In 1969, San Lau relocated its grocery store operations from the corner of Sutton Street and Main Street to the existing grocery store building,and renamed the shopping center as Messina's Market. In the mid-1980's, San Lau undertook permitting and obtained approvals for a major renovation of the facility by replacing the Mister Donut building with additional retail and office uses along the School Street side of the Property(the"1986 Renovations"). At that time, the grocery store operations were leased to a new operator which renamed the store as North Andover Star Market and that store was continually operated until 2005,when the operator renamed the store as Lembo's. In late-2006, Lembo's abruptly ceased operations. The grocery store portion of the shopping center remains vacant. As part of the 1986 Renovations, the Zoning Board of Appeals granted the Petitioner's request for relief from front yard and rear yard setbacks in 1984, and a setback variance for the reconstruction of the existing ground sign within the 10-foot front setback off Main Street in 1987. See Zoning Variance Decision(Petition No. 35-84), dated June 19, 1984 (Rev. July 17, 1984) (the "1984 Variance"); Zoning Variance Decision(Petition No. 91-88), dated October 16, 1987 (the "1987 Variance"). As part of this Petition, the Petitioner is also requesting that the 1984 Variance and the 1987 Variance be superseded by the variance relief requested in this Petition. In addition, the Town of North Andover Planning Board granted site plan approval of the 1986 Renovations by decision, dated May 12, 1986, as modified by Site Plan Approval Modification, dated November 20, 1989 (the"Site Plan Decision"). It is important to note that the version of the North Andover Zoning Bylaws in effect at the time of the 1986 Renovations provided that"Establishments located within 350 feet of a municipal parking lot shall have 50% of the required number of parking spaces." See NAZB, Section 8.1 (Off-Street Parking), subparagraph 2 (the "1985 Parking Reduction Bylaw")which is attached as Exhibit B. Using this provision of the Zoning Bylaws in effect at the time, the number of required parking spaces was reduced by 50% as part of the 1986 Site Plan Approval process. This Parking Reduction Bylaw provision has since been eliminated from the Zoning Bylaw. Copies of the 1984 Variance and 1987 Variance, as well as the 1985 Parking Reduction Bylaw are attached as Exhibit B. Much of the existing structure (which remained after the 1986 Renovations)is obsolete and is no longer functional. As a result, these pre-1986 structures, along with the balance of the entire complex, must be upgraded in order to attract and maintain the types of tenants necessary to both continue the Messina's Shopping Center as a viable operation, and to maintain a desirable and attractive downtown presence within the center of downtown North Andover. For these reasons, the Petitioner has identified the need for the project renovations as described below. IV. THE PROJECT Consistent with the objectives identified above, the proposed renovation project includes the following: 1. Replacement of the existing portion of the building housing the former grocery operations, CVS, the liquor store, and associated office building adjacent thereto,with new retail and office uses generally in the same footprint as the structure to be replaced, including: (a) a new exterior redesign of entire shopping plaza into a traditional yet more attractive design of the shopping center which maintains a consistent design theme throughout, and which complements the existing downtown area; (b) a new 13,000 +/- s.f. retail pharmacy store, including a prescription pick-up/drop-off facility to be located along First Street which is designed to enhance convenience to its customers including seniors,parents with young children, and others; (c) two new single floor undesignated retail spaces located adjacent to (or to the south of) the proposed pharmacy space; and, (d) new second floor office space; 2. Re-landscaping of the entire Shopping Center, including the enhancement of Main Street landscaping along the Property with new trees, decorative fencing, lighting and benches to aesthetically enhance this section of the downtown area; 3. Installation of new decorative lighting along Main Street and First Street to create a consistent and attractive lighting program in the downtown area; 4. Installation of traffic and pedestrian improvements within and along the Property to both enhance traffic circulation, and to attract pedestrian foot traffic in and around the site and downtown area; and, 5. Re-landscaping of area along First Street with new street trees, decorative fencing and period ornamental lighting, along with additional landscape buffer enhancements both to the rear of the site and along School Street. The site layout, architectural,landscaping, lighting and traffic improvements as proposed (the "Project")are shown on the Site Plans attached hereto as Exhibit F(the Site Plans"). Based upon the Building Inspector's denial letter, dated February 14, 2007 (the "Denial Letter"), four dimensional variances are required from the Zoning Bylaw. A copy of the Building Inspector's Denial Letter is attached as Exhibit C. V. REQUESTED VARIANCE RELIEF AND DISCUSSION A. Requested Variance Relief Generally consistent with historical relief granted by the Board with respect to the 1986 Renovations, the Petitioner hereby requests the following zoning relief, as more particularly described in the Denial Letter. Specifically, the Petitioner is requesting the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) -- Requesting front yard setback of 22 feet(from Main Street, located next to the portion of the building housing the Bay State Chowder Co.), and 14' 9"(from First Street, to allow for the construction of prescription pick-up and drop-off services as part of the proposed pharmacy) where 25 feet is required. Note that except for the drive-up facility, the remaining portion of the building will comply with the 25-foot setback requirement. Currently, the portion of the existing building fronting on First Street does not comply with the current zoning setback requirement. 2. Section 7.3 and Table 2(Summary of Dimensional Requirements, Footnote 2) -- Requesting variance from the rear yard buffer requirements to allow for less than a 15 foot buffer in the portion of the rear yard located closest to property boundary, and which is generally consistent with existing conditions. Note that the Property will otherwise comply with the 50-foot rear yard building setback requirement. 3. Section 8.1 —(Parking)—Requesting variance to allow for a total of 172 parking spaces where the Zoning Bylaw requires 271 parking spaces, along with other variances from Section 8.1 such as aisle widths to enable improved circulations within the parking lot as more particularly shown on the Site Plans. Note that the proposed parking is substantially equivalent to the parking which exists at the Property today; and, 4. Section 8.4—(Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)—Requesting a variance from Section 8.4 to enable the Petitioner to install landscaping, screening, lighting and other improvements within the off-street parking as shown on the Site Plans. B. Discussion Section 10.4 of the Zoning Bylaw and Section 10 of M.G. L. c. 40A authorize the Zoning Board of Appeals to grant variances from the terms of the Zoning Bylaw where it finds that: owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial hardship,financial or otherwise,to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Bylaw. See Section 10.4 of Zoning Bylaw; M.G. L. c. 40A, Section 10. Accordingly, the Petitioner states that the requested relief meets all of the conditions for granting of the requested variances under Section 10.4 of the Zoning Bylaw and Section 10 of M.G.L. c. 40A as follows: 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, the following property conditions are noted. Specifically, this site has been used as a retail/office/grocery facility for over 40 years. The Petitioner is simply seeking to renew and upgrade the long-established uses at the building by the installation of new,modern facilities in a manner generally consistent with prior upgrade and modernization efforts approved by this Board and in substantially the same location as previously approved by this Board in the mid-1980's. The proposed building improvements are proposed in substantially the same footprint area as the existing building area, and due to the relatively odd shape of the lot, and in particular, to the rear of the lot, the proposed building renovations must be located in the proposed configuration in order to maintain the viability of a shopping center of this nature. Moreover,while the proposed Project will require the requested variance relief, the Project in certain circumstances results in a decrease in non-conformity with the Zoning Bylaw. For example, the entire length of the proposed portion of the building along First Street (except for the prescription drive-through facility)will comply with the 25-foot setback requirement where the existing building is set back less than 22 feet. Further,because of the odd shape of the lot, any improvements on the Property must be generally moved and relocated closer to the center of the lot. The size of the remaining buildable lot area would not permit a viable building to be constructed and still maintain strict compliance with the required front yard setbacks, rear yard buffer,parking requirements, as well as landscaping and buffering requirements under the Zoning Bylaw. However, the improvements shown on the Site Plans, including the Landscaping Plan, have been redesigned to substantially increase landscaping and screening in the front and side yards, as well as to the rear of the site, in order to enhance the site aesthetics and buffering. Due to the relatively odd shape of the lot, it would be poor design and possibly impact safety to crowd all the proposed improvements together toward the center or the front of the lot in order to comply with existing zoning requirements. Moreover, as described in a certain letter from Dermot J. Kelly, P.E., P.T.O.E. to Timothy McIntosh, Vanasse Hangen & Brustlin, Inc., dated February 7, 2007 (the "Traffic Letter"),the"traffic generation and parking requirements will essentially be the same pre- and post-renovations." The Traffic Letter adds that"there is no off-site traffic and parking impact created by the proposed renovation." Further, the Traffic letter states that"along First Street adjacent to the existing building there are curbing and sidewalk improvements proposed which will add defined on street parking spaces and improve traffic circulation." Lastly, as noted in the letter from William V. Dolan, Fire Chief,to Dermot J. Kelly, P.E., P.T.O.E., dated January 10, 2007 (the Fire Department Letter"), and as indicated on the truck circulation plan, dated December 10, 2006, "there will be sufficient access way for use by the fire department around this building provided vehicles utilize the parking spaces provided and do not park so as to obstruct the lane." Copies of the Traffic Letter and Fire Department Letter are attached as Exhibit E. Accordingly, the proposed site layout will provide for more efficient movement around the site as a result of the proposed Project improvements. 2. A literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship. With respect to the dimensional, parking and other requested variances the Petitioner's proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To impose the required setback and parking requirements under the Zoning Bylaw,aw, the Petitioner would have to substantially reduce building g size which would destroy the financial viability of the site as a shopping center. 3. The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of the Zoning Bylaw for the following reasons. First, the uses of the Property will remain substantially the same as they has been used over the past 40 years, so there would be no adverse impact upon other properties within the same district. Second, the shopping center is one of the cornerstones of the Town's efforts to revitalize the downtown area, and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area. Third, although the site landscaping buffering requirements will not technically meet the requirements of the Zoning Bylaw, landscaping and screening will be substantially improved along the front and rear yards from existing conditions, and the Project will result in a net increase in landscaping. Fourth, although the required parking will not comply with current parking requirements, the Project will maintain generally the same number of parking spaces in and along the Property for approximately the same amount of building square footage as currently existing. Therefore, the proposed Project will not generate impacts to existing traffic levels or increase congestion in and around the Property and surrounding area. Fifth, the proposed improvements will in fact substantially improve safety on- and off-site due to improved aisle configuration and traffic circulation patterns. Lastly, the Project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and lighting, enhanced traffic circulation, and a more attractive building design. For the above reasons, San Lau Realty Trust requests the Zoning Board of Appeals to grant its petition for the requested dimensional variances to enable it to construct the proposed renovation Project by making the findings required under Section 10.4 of the Zoning Bylaw, Section 10 of M.G.L. c. 40A, and Sections 7.3,Table 2(Summary of Dimensional Requirements), Sections 8.1 and 8.4 of the Town of North Andover Zoning Bylaw. Respectfully submitted, San Lau Realty Trust By its attorneys, � Jo T. Smolak, Esq. S olak&Vaughan LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978)327-5215 Fax (978) 327-5219 Mez,sfna, Cit Nor'.:. Andover, Essex Cuunw, %{Ass HILL s, Ler;, x0.,>,.wr,:.f. fk; o>nsideration paid, grant to the said Santo Messina and Laura Manw;ano, as 'rustees of SAN LAU RZALTY TRUST, pursuant to Declaration of "rust dated January 8, 1969, recorded in liorth District of Tssex e.;I itr, of Deeds, Book !l-.:L, Page 3q`� , to hold as TRUST�7-',.S in accordance b:+~:. Nrai": er.iaration of `Frust, adar with gniiriuicn ratrrnrrnts rj,r 1.nt1I u1 1;01—,, Andover, Essex County, Massachusetts, at the intersection of Main Street and First Street, bounded and described as follows: {6escapria.,-,eI..eamlw�r,.-,h.ul) Ra rinninF at the Northeast corner thereof at the intersection of Main Street and First Street; thence running in a Soutt,wesr direction by First Street, 477.5 feet to a drill hole in a s*,one bound; thence turning and running Souti,easterly, by land now or formerly of the heirs of Elizabeth ''san, ?10. ; feat to a drillhole in a stone bound; thence continuing in tiie same direction by land now or formerly of Robinson, 56.5 feet to a ?rill sole in a stone bound; thence turning and running 1ort�:easterly, by land now or formerly of Robinson, 110 feet, more or less, to a point at the within described premises; thence turning and running Soutt,easterly, by land of said Robinson, 50 feet, more or less, to a point wi.ere the extension of the Northwest sideline of School Street intersects said land of Robinson; thence turning and running Northeasterly, by said extended sideline of School Street and by Due 1:orthwest sideline of School Street, 380 feet, more or less, to a drill ;:ole in a stone bound in Main Street; thence turning and running Northwesterly, by Main Street, 321 feet, more or leas, to a drill i,ole in a stone bound at the point of beginning. O J "i' i3r; with an easement of passage, on foot and in vehicles, to Ci.e •irantees, their successors in title, their Lessees, licensees and invitees over a 40-foot square parcel of land, bounded: Souti.westerly by land of Robinson, 40 feet; Piorti,westerly by land above described, 40 feet; 1:orti.easterly by School Street, 40 feet; and Sout't:easterly by land of. North Andover Shopping Center, Inc. 40 feet. Beim the same premises conveyed to me by Anthony J. Durso at ali, by deed dated October 31, 1968, recorded with North District of Essex iiea,iscry of Deeds, Book 1118, Page -137. This conveyance is made subject to a mortgage to the Haverhill Savinr,s 'Hank referred to in said deed and to, certain "leases also referred to in said deed. There is no monetary consideration for this conveyance. irtixesd-ei`964 rQntor. -W4C r�k�s+-tem+r;.d-,Krrekeaa�l{+itkrs-af -trnancy-lT thecttrtesT-and-rKh�l-irtterrxs-thrrnn. r!*+wrr-trncl-l�Cnrstted• �Ittlr "ta' hand and ,e-A this eighth day of . January . ...19.69.' ..� . ..... ... 4r ! mn�rutarrsurelt� ai �teearf�tterns January 19 Thcsa msonally apprare.) tfae a�x,,r !,-Alec `unto Messina and acknowlthe foregoing instnsrneit tt, kar his frcr a�t. .srsil sic '�. before tic EdwRrdCreRpGf E:;:trs December s fiec0i'led .Ta.n . �, 'c�9 �t �m r qt #14 a i EXHIBIT B VARIANCE DECISIONS AND 1986 ZONING BYLAW EXCERPT iten be mad Aw !+i• „+ .�c s,,:F. 1� ,apQye,�a days efw � r�•} . .!�a:R � `�••-...3.x date at BitFlt Of this � lw..”- ._ ,.j j pOF.t. area o do OB10 of the Torm,a WW OF NOxttt ANnovmR aeric lui8setaltlst►'1'� .7 I a LOMD OF AFfG U - NOTICE OF OTClSlON ' '� } . 1Jtnte 1!, 29ta •� " Dda............................ ......... ,s yl s Dated Knit.Jura lit-1984 Fir. Daniel L ±41�,, d ,.. ............................ Town Dffiae North Andave 'ilalrRr� 109-123 Slain Street _. . ................ 1,. Dear Hr. Lon to d'Am D.�tar a vatia4aa 1100114610 n b'd dw.,uP44P2 !, The Board of ;4 Seetial.7, Paragraph 7.3 and Tab;e 2.„•................... June il, ng8 .I -..• The hearing i a rorm0�1 relief fFrom We,side..#!!d.LR4i.Y ..4ikteSF14-TQQItI f May 24 and 3 ul 3E4 T�, I mail. The f p 4Prizelle, Es [ to_all".Oe.oonatrueli !!of„eA.4�-.-44k.................... Is"*,.Gratst._.tlw • Nickerson; W Atte a rmk haemo 0—as the abo.e dab.the Baerd d Appeay F variance ..... cod bewhy eatbariar tlu HalldEaa 1mPe b blew . The petition Paragrap and rear Har pata►tb construct aP.odalaolk.ta-the-AQs�a'a.Rarkat.buildiaQ..... 127 aloin Str y disttict._ tar the aomuuctioa all the above e!orl.brad aprn the bdTrwln�°0°d1L0gf _ { counsel for That 4 foot high healorlra ne planted and maintained 4 feet on center - to allow Sar �l} 210h fact along the lot line abutting land N/r of the Horth Andover of the prea>3 Housing Authority and 56tH feet along land N/F of Eelly R. Reslty. building tFu arc in aG8 1 Ya f �� -..,- re side of Titp � � _-- proposed bui r.:T:,, - V'oe C airmsll The Zoning F Alfred.E;. Flisel,la.-P;sq.,,.•,�... abuts a res: Lw Milium 3, Sullivanse feet frw . ...... setback. '��. Augustine M.. lFickersen. - r The present .' j ;!'`,• ..l ~`�. Make! F. Soule 7 years. The. i ? �'•.� '..a -t-, abuts the R. Authority. •} , �//��'+,1 !tavriCo S. ROulds. .-. E `- Is.D+.:..r•I•....,{�l'• BaYd a(ApAeatr The trustew prove its d area. } i Ma to(Bad .a 3 .3 i be Med ays ager'ho , y'; t " �'• A„y of thli Notices ='a. �" ti• wiaua( dBYs atter the I of the Town g.' da1S if 32�y'B� _ ' dah:of Anng of th(a Nock s to the Mae d go Town r CIE& I sy TOU M CF NOMW ANDCN= 31ASS 1CNUSCM BOARD OF APPEALS j tt, June 19, 1984 sse� Mr. Daniel Long, Town Clerk San Lau Realty Trust Town Of fie* Building 109-123 Main Street Borth Andover, Mass. 01845 Petition No. 3S-484 9x.t�w �j Dear Mr. Lang: ! The Board of Appeals held a public hearing an Monday evening, June 11, 1904 upon the application of San Lau Realty Trust. Omeklta t The hearing was advertised in the North Andover Citizen on - ( Mny 24 and 31, 1994 and all abutters were notified by regular j nail. The following members were present and voting: Alfred 1 Frizelle, Esq., Vice Chairman; William J. Sullivan; Aue.f tine 1h Nickerson; waiter F. Soule: and Aaurice S. Poulds. 1 s The petitioner seeks a-vstrance from-the-provisions of Section 7, k ismsParagraph 7.3 and Table 2 so as to permit relief from the side sq and rear yard setback regkiirements on-prt4lses-located at f 123 itain Street, located is the General Business (GB).'. zoning.__,_- -._:. district. -. on center Counsel for the petitioner testified that the variance is necessary Andover - to allow San Lau Realty Trust to construct an addition to the rear salty. of the premises at 109 Main Street. The proposed addition is for the building that is occupied by Messina`s Market. The premises affected are in a GB district and the rear of the premises abut a R-5 district. The side of the premises along First Street abut a R-4 district. The I proposed building will be located 32 feet from the rear lot line. ire Chairman i - The Zoning By Law requires a 50 foot setback when a business district abuts a residential district. The proposed building will be located 22 feet from the side lot line, where the By Law requires-a 25 foot setback. The present building has been situated in its position for over 20 a years. 'there is greenery on the rear lot line where the property abuts the R-5 district, being land of the Barth Andover Rousing Authority. The trustees of San Lau Realty Trust wish to help North Andover im- prove its downtown by upgrading the appearance of the buildings is the 1 area. _ - 1 }� 1 m IL a as a p. ti 7 c 4�7 i ar Ban Lou Realty Trust 109-123 Nato Street gin :CB • n ?etitiow No. 33.144 June i, 1994 .�Al2S II 32 All' ) L Page t7 upon a motion made by 06. Foulds and seconded by-NT. Seoie. sl Board voted unanimously to grant the variance subieak W dhit' k5 ' V , following conditions szAs2 that 1 foot high bemlodrs be $looted and saints a i center 210y feet along the lot line 'abutting land 1MJi e¢the <4i s� t North Andover Housing Authority and 4611 fast aiceg +k�l zelIy R. Reaityj TA granting the varinace. the Hoard finds that Sect1-on 10.4 o{ the E zoning By Lar has been satisfied. In particular, the Board 14nds that owing to the aize and shape of the lot, a literal enfozeement Mi.Uanitl QI V of the provisions of the By Law would create a hardship of the Town Office I I petitioner. The Board further finds that dealrabla relief ha North Andover granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and Purpose 5 - Dear Mr. Long of tha zoning By Law. ;I ,+ - At a regular Sincerely, the North An( BOARD OF APPRAW the decislon i Realty Trust �A�—J— were present It (�'`�/' Nil l i11 i am J. SI 1•- ` Alfred E. Frizelle. z'sq.. _ s Maurice S. FI Vice Chairman upon a motin Hoard then Y. i (Plan to fo11aQ_ — ,' :r•;� Kindly attac k1 __---- '° r — _ office. LI �� ' - • 1. Tr il� JW li'� .. ; ec Applican Attorney Parties Buildinj Assessor i Recorded An 1 i� E r� .. AnV appeal shy be RW � 5 W thhl M days after the diff of filing ai chis Mods tK ycR ' In the Circe d the Torn JUL Il 2 is I'N'S crNc . I rowr4 or stowrM at+oonrot � pie 'LL nassuez UM&M ^ ; oto OF APPEAW he /r of July 17. 1984 0� the Rinds , anent Mr. Daniel Long. Town Clerk San tau Realty Trust dy be Torn Office Building 109-123 Main Street without - - North Andover, Mass. Petition No. 3S-124 wpose Dear Mr. Long: At a regular monthly meeting held on Monday evening, duly 4. 1984 the North Andover Board of Appeals voted unanimously to reconsider the decision rendered an June 11. 1484 on the .petition of San Lau Realty Trust. being Petition No. 35-181. The following members A were present and voting: Alfred B. Frizelle, Esq., Vice Chairman; Mitllam d. Sullivan; Augustine M. Nickerson; and Associate Member Esq.. Maurice S. Foulds. Upon a motin made by Mr. Nickerson and seconded by Mr. Foulds. the Board then voted unanimously to amend the decision by deleting the -— -' words "and 56 1/2 feet along land N/P of Kelly R. Realty." -' -- - Kindly attach this amendnent:to"the-•decl$to* on file in your office. - Sincerely. 7waitree�r4ntMm4y0tb4ee ' Cdr e+seresr.ays BOARD OF APPEALS DoTom ,Q�r. Alfred B. Frizelle, # Tics Chairman t jw tcc Applicant Attorney Parties to Interest ,C �: Building Inspector ; +!f t• Assessor Recorded Aug.28,1984 at 3:28171 A116354 f {j( V�4 Is! f 1 ^^`^ter-`�'r�►n - ���� _ r f tkoR 1 OCT 9Ss�atuSEf TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sanlau Realty Trust 109-123 Main St. * Petition X91-88 North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on October 13, 1987 on the application of Sanlau Realty Trust requesting a variance from the requirements of Section 4, Parag. 6.6(5)d of the Zoning ByLaws so as to permit relief from front setback in order to replace sign at shopping mall. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice--chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 3 and September 10, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor will it adversely affect the neighborhood. Dated this 15th day of October, 1987. BOARD OF APPEALS This is to certify that twenty(20)days have elapsed from date of decision filed without filing of an appeal. Date 0 f 7J Daniel Lo , Frank Serio, Jr. Town Cleric Chairman /awt ATTEST: A True Copy Town Cltrk .0 . tJo:.�Go��lrre AML?A :x X [835 "'► SAI HiS aQ'�� 1 � TOWN NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Sanlau Realty Trust Date . . .. . .October. .16, -198.7.. 231 Sutton Street N. Andover, MA 01845 Petition No.. . . . . . 91-88. . . . . . . . .. Date of Hearing.October 13, 1987 Petition of . . . . Sanlau Realty Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . Premises affected . . . . .149-123.Main. Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of" Sect ion. 6,. . . • . _ Paragza_ph .6.6.(5)d _of.the_ Zoning. Byi,aws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . so as to permit relief, from .front, s.etbacic. in order, to ,replace sign. at. .shopping ma�1. After a public hearing given on the above date, the Board of Appeals voted to . _GRAB.T _ . . . the variance. . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit ttx.erection.of. new .shopping .mall. sign.to. S.anlau.Realty.Trus.t... . . . . .. . . . . . . . 1{ft#� lex Signed Frank`Serio, Jr. , Chairman . . . . . . . . . . . . . . . Alfred Frizelle, Vice-chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . Augustine Nicker son,. Clerk. . . . Walter,Soule. . . . . . . . . . . . . . . Louis Rissin Board of Appeals THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 Reprinted 1986 Of so wrh At p 1 r gCHUS PLANNING HOARD SECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking 1. Whenever a building is erected, reconstructed, moved or expanded or if a change in use occurs so as to increase its floor area and/or design capacity, there shall be provided on the same lot with such building or on a lot contiguous thereto (or within 100 feet thereof) in the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the requirements of the following schedule for the new building or increased design capacity of floor area: use Minimum Spaces Required One or two-family residence One space per dwelling unit Multi-family residence 1.50 spaces per dwelling unit for two or more bedrooms. 1.25 spaces per dwelling unit of less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied for the elderly under govern- ment assisted programs. All other places with One space per sleeping room sleeping accomodations for single or double occupancy. including rooming houses, ( if occupancy exceeds two per hotels, motels, hospitals, room, one space per two beds nursing homes, etc. shall be provided. Auditoriums, theaters, One space for each four persons athletic fields, funeral based on design capacity of parlors, and other places the facility. of assembly. Restaurants and other One space for each three seats. eating-'and-drinking places. e" tail store and service Six spaces per 1,000 square stablishments. feet of net ground floor area (excluding storage area) , ex- cept five spaces per 1, 000 square feet of net ground floor area .(excluding storage ' area) in Business 1 and 2 and -66- General Business. a menta located within 350 feet of a municipal parking lot shall have 50 percent of the required number of parking { spaces. In addition, one-half the re- quirements for uses on the first story shall be required for each additional story. Offices, research "facilities Three spaces per 1,000 square feet of net floor area (ex- cluding storage area) . Warehousing, wholesaling, One space per 1,000 square feet distributing of gross floor area. Manufacturing, assembly, One space for each two employ- fabricating, etc. ees in the maximum working shift or one space for each 1,000 square feete of gross floor area, whichever is greater. 2. The required parking for any two (2) or more uses or structures may be provided by the allocation of the total of the various spaces required for each use or structure in a common parking facility, cooperatively established and operated. 3. The regulations of this section shall not apply to non-residential uses or structures whose minimum parking under the above schedule would amount to five (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. '. 4. If the Building Inspector is unable to identify a use with one (1 ) or more of the uses in the above schedule, application shall be made to the Board of Appeals for the purpose of determining a sufficient quantity of parking spaces to accomodate the automobiles of all customers, employees, visitors, occupants, members or clients consistent with the , provisions contained in the above schedule. 5. The Board of Appeals may by variance make exceptions to the provisions of this section and, upon a written request of the owner and after a public hearing, -67- EXHIBIT C DENIAL LETTER 02/14/2007 09:49 9786888476 HEALTH PAGE 02/06 xasrrr Zoning,Bylaw'Review Form °:..•�.• Town Of North Andover Building.06partfnent :, :•..1�600.Osgood Sireetr Building 20,Suits2-36 "' North rrr<ior$.r;NUflw rx18 '. . Phdne And . �5 8=9645- Fax•978.61I&GI 42 Street: 109423 Main Street Nie /Lot: 29M8 APPUcant.. Sart Lou Rea Trust ' asst:. finovsltkm of axlstitr ,1Ylessinti's in Center Data• 243-07 Pis be-advised that afkor review of your Appii[attion and Plans t1M your Application Is DENIED for the f0IIwMng,.Zrxlmlin61W2W rBasans: Zonina Distridt: G6 atom NOW Item Nat" A. I Lot Area F Fronta(ie i Lot area Insufficient f FronteM fns t lent 2 Lot Ama'Ft'eexi9#i •X • 2 .I F .Com les .X 3 Lot Area Compas s X 3 Preexielinct frontage X 4 Insuffioiont'I hb*tion 4 Insuffic ont Information B Use 5 No access over Frontage 1 Alkw"A X D Contiguous Su8dling Area 2 Not AlkyAmd f Insuf dentArea 3 Use Preaxistln X 2 Conti lies X 4 S I Retmit Recluirad •X 3 Preexist) GSA X 5 Insuffident.lnfoi'mation 4 Insufficient Information. .0 Setback # 8uliding melght . . 1 All setlaet-ts cam I 1 He ht EXCeeda Maximum 2 Front Main Insufficlent X. , 2,' Com les' .• . . X 3 Left School••Insuffident 3 I Pmexistim Height X 4 Right Fkst Insixl*iertt X 4 Insufficient Infbrmation 5 Rest'Insufficient 7?3mok fn2mX i Ettiiding.Co4er'8ge . a Preexi8 setbacks X 1 e2yMe.exomos maximum 7 InsufBc"irlfcrmatlon 2 Cov!M Com X 0. Watershed 3 Coverage.Preexisting X 1 Piot in Watershed X • 4 Linsufficient Information 2 1 In Watershed d Sign .' 3 1 Lot pior to 10/24/94 1 SI not allowed 4 1 Zone to be Datermined 2 $ n Com les 5Insufficient Information 3 Insufficient Inhmnatlon Historic District I( Parking 1 In District review required 1 I More Parkim R uh3d X 2 Not In district X, 2 1 Parkl Complies 3 I Ine viVident Information ReMedY for the above is checked below. roam i5 specigi Pwaft Plannina Board Rm 0 Vorlance. . B-t site Phe Review Special NMI: C-2 as setback Varlarva AOMM atter than Frontage Special Perot K4 Parking Variance Frontage ExoTdon LotSpedal Penhtt Lot Area Variance Camman C"veway speow f*ermn ¢lefgnt vattanca Congreg"dousing spasm Permit Vedanta fat Slgn owing care ROUremeot special permit S a l Per#inits Zoning Board imlipandaht away Mffl V Spada Permit spacial Permit Non-Conform) Use 7BA l ergs Estate ex:nao 5pectel Perrnr Earth Removal SpedoWei rift;ZBA ftnrbd:•Devetapmert 1X MM 9pedal Spada[Permit Um not Ugled but Shmilar permit Frarinetl RaMeril'i spoGial Permit. Special Pal4n7t fdr2. Unit R-0 Penally SpaWai Permit Special Pa ydt Pro-axiabrig,Nor. Confprmih Walerehed Speasi Pemrtt Supply Additional InforrflatlCn The above review and attached eaplaroum d such is haled an the plans and We matlan submitted. No tleiintdva review and ar advice shau bq basad on xarbal explaratlom by the appicant nor shall such verbarexplonstlons by the ippAsent servo to provide dehOw ansomrs to the above reasons for DENFAL Any Imraceraciea,Mislexog imfnrmadcm or amen 14uAseQU M d*MM to l#te I'nf mmbn mtbrnitted by rhe aWcam sW be gmunds far this reAaw to be wlded.at the d am9on of the.Muieirlg ogpirprtd X The*"ROM dMM@nt ddad Irian Itsvlaw Narmilve"shall be alt Chad hets'tEo and Inoorporated hermit by reference the buutl�g tleptitmehk wlu rt+Yvlin ill p#sns and dt>cwm9rlatlon for the o 610.Yw must file a building permit application form and be*the pmramm,pracom Bulking Departntant 01ko Signature Ap$oaWn Rocttived Application Dankrd Denial Serle; If Foxed Phone Number/Data_ FEB-14-2807 10:37AM From: 9786888476 ID: Page:002 R=100% 02/14x'2007 09:49 9786888476 HEALTH PAGE 03/06 Plan Review Nelwative The following narraft is ptovided to further explain the nftoris for denial for the bulklit+rg perinilt' for the property Indicated on the reverse aider. C-2 A Variance fmm the Zoning Board of Appeals is requirod iron Seddon 7.3 Yard Setbado&Fable 2 of The Zoning Byla*for the MWA St ed firont setback of the exisft sbopping center and tie First Street.frurA setback for the r cti tion dt5ve�tltro C� A Variance from the Zw1ing Board of Appeals is regL*W frim Section7.3, Table 2,and Footnote 2,the rear setback's first 15'buffer being open and 9 K-1 A Variance> the Zoning Board of Appeals is required from Section 8.1 Off-Street Parlci K-1 A Variance i ileo n the Zoning•Board of Appeals is regi iired fiom Section SA (Screening and Latdsc*ng Requirements for Off-Strea Cammmcseilal and Industrial Districts. B-4 A Sit Flan Special Permit is required from the Planting Berard.' Referred To: Fire I Haan Police X Boarder s Conservation artment of Ck ag-yy X ;Zing NlelottCell CW"Oftn other BULDING DEPT Zoning$y1awbcn6a12Ob4 FEB-14-2007 10:37AM From: 9786888476 ID: Pa9e:003 R=100% EXHIBIT D ABUTTERS LIST Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( J Town of North Andover Abutters Listing 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." Pg. 1 of 5 MAP PARCEL Name Address 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 29 36-37 Richard Lentini 56 Neck Road,Ward Hill,MA 01830 29 38 Rack Realty LLC 91 Hampstead Street,Methuen,MA 01844 29 23-34-35 Town of North Andover 120 Main Street,North Andover,MA 01845 29 31 c/o CB Ellis/Boulos P.M. One Canal Plaza,Portland ME 04101 29 33 Schruender Nominee Trust 73 Chickering Road,North Andover,MA 01845 29 32 William Whittaker 73 Saunders Street,North Andover,MA 01845 29 27 Elizabeth Mazurenko 35 Timber Lane,Methuen,MA 01844 29 28 TimothySouthgate 13 Cleveland Street,North Andover,MA 01845 29 29 Dennis Gallagher 529 Prospect Street,Methuen,MA 01844 29 30 100 Main Street Trust 41 Chestnut Street,North Andover,MA 01845 29 54 Robert Pangione 245 Brentwood Circle,North Andover,MA 01845 29 26 Manny Shaheen 16 Sutton Place,North Andover,MA 01845 29 52 Michael Kellan 90 Main Street,North Andover,MA 01845 29 25 Pacific Main Realty Trust P.O.Box 486,North Andover,MA 01845 29 24 Wayne Stanuchenski 16 Cleveland Street,North Andover,MA 01845 29 55 Robert Safi 22-24 Cleveland Street,North Andover,MA 01845 29 42 John Mc Elhiney 190 Kings Highway LI-A16,Hampton,NH 03842 29 56 Michale Xenakis 48 Waverley Road,North Andover,MA 01845 29 43 Richard Else 160 Commandants,Chelsea,MA 02150-4043 29 44 Atlantic Realty Trust 89 Main Street,North Andover,MA 01845 29 60 Peter Vaillancourt 31 Lincolon Street,North Andover,MA 01845 29 45 Joyce Realty Trust 120 Collins Landing Road,Weare,NH 03281 29 46 Evros Realty Trust 675 Foster Street,North Andover,MA 01845 29 14 Thomas Bames 76 Saunders Street,North Andover,MA 01845 30 2 Olympia IV Realty Trust 277 Lowell Street,Andover,MA 01810 30 41 Allen Lappas 105 Leslie Road,Waltham,MA 02451 30 1 129 Main Street Realty Trust 21 Wellington Road,Winchester MA 01890-0051 30 3 Stergios Papadopulos 11-13 Second Street,North Andover,MA 01845 30 4&36 June Thornton 20 School Street,North Andover,MA 01845 30 25 Terrence Joyce 50 Second Street,North Andover,MA 01845 30 38&35 Landers Nominee Trust 40 Court Street,North Andover,MA 01845 30 37 JoRaymond Lafleur P.O.Box 265,North Andover,MA 01845 30 5 N.A.Housing Authority 1 Morkeski Meadow,North Andover,MA 01845 30 26 Lisa Loosigian 42 Second Street,North Andover,MA 01845 30 27 Daniel Cyr 38 Second Street,North Andover,MA 01845 30 29 Helen Matheson 32 Second Street,North Andover,MA 01845 30 28-A Sheera Sleator 26 Second Street,North Andover,MA 01845 30 28-B Scott McCoy 26 Second Street,North Andover,MA 01845 This certifies that the names appearing on the records of the Assessor Office as of Certified b ate o2 REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subiect Property: MAP PARCEL Name Address 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 ters Properties Map Parcel Name Address 30 7 Frank Cain 14 Second Street,North Andover,MA 01845 30 8 Cardinal Partners, Inc 8411 Preston Road#850, Dallas,TX 75225 30 32 James P Realty Trust 200 Bridle Path, North Andover,MA 01845 18 74 Katharine Deming 21 First Street, North Andover,MA 01845 18 44 Donald Foulds 25 First Street,North Andover,MA 01845 18 63 Mary Hosing 38 Waverley Road,North Andover,MA 01845 18 70 Daniel Beane 29 First Street, North Andover,MA 01845 18 69 Guy Ando 56 Waverley Road, North Andover,MA 01845 18 45 Horace Baril 37 First Street,North Andover, MA 01845 18 46 Linda Kody 60 Waverley Road, North Andover,MA 01845 18 47 Carol Wright 64-66 Waverley Road, North Andover,MA 01845 18 48 Robert Sullivan 72 Waverley Road, North Andover,MA 01845 18 73 Erica Markey 53 Waverley Road,North Andover,MA 01845 18 58 Edward Gardner 99 Bonney Shores Road,Meredith, NH 03253 18 59 Guido Montanro 63 Waverley Road, North Andover,MA 01845 18 60 Laura Dichiara 71 Waverley Road,North Andover,MA 01845 19 9 Mitchell Starr 64 Second Street,North Andover,MA 01845 19 4 Manuel Salinas 53 Second Street, North Andover,MA 01845 19 5 Paul Dubois 57 Second Street, North Andover,MA 01845 19 6A&6B Peter Doherty 36 Maple Avenue, North Andover,MA 01845 19 7 Michael Sibeleski 30 Maple Avenue, North Andover,MA 01845 19 8 John Mcduffie 22 Maple Avenue,North Andover,MA 01845 19 1 N.A.Housing Authortity 310 Green Street, North Andover,MA 01845 41 33 Bank of America 101 N.Tryon Street,Charlotte,NC 28255 PARCEL-ID Owner Name # Street City State Zip 210/040.0-0004-0001.G LASKOWSKI,LINDA J 148 MAIN STREET BERKELEY CA 94707 210/040.0-0004-0002.G STERN,GEORGE B 148 MAIN STREET HAVERHILL MA 01835 210/040.0-0004-0101.0 DEVITO,NANCY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0102.0 BELLOFATTO,NICHOLAS&ERIN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0103.0 VENTURA,ANNA MARIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0104.0 TOWSE,ROBERT&MARY JANE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0105.A FREDO,ROBERT F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0106.A ROSENBERG,ZENA 148 MAIN STREET FLUSHING NY 11367 210/040.0-0004-010ZA BOWMAN,WILLIAM G. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0108.A SIDABRAS,CAROL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0121.K FARIA,LINDA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0122.K COOTER,STEPHEN&DELUCA,ROSE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0123.K LIVINGSTON,ROBERT E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0124.K DEERING,JOSEPH A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0125.K MARSHALL,EDWARD S 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0126.S DWYER,ISABELLE V 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0127.S HMURCIAK,MARY A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0128.S DONOVAN-KING REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0129.S CLARKE REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0130.S SHAUGHNESSY,BRIAN EDWARD 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0131.B WEINERMAN,BEATRICE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0132.8 O'BRIEN,FAITH B 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0133.B VERNILE,DOMENIC 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0134.B LYONS 111,ARTHUR W 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0135.B WAY,MARY 148 MAIN STREET HAVERHILL MA 01832 2101040.0-0004-0201.0 COOPER,DENNIS 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0202.0 BARRY JR,JOHN G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0203.0 CHABOT,DONALD R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0204.0 FRIEDMAN,M GERALD 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0205.0 PORTER,M ELEANOR 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0206.0 HAWLEY,ALLAN X 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0207.0 KRAMER,SUZANNE M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0208.0 MURPHY,DANIEL J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0209.0 SISKIND,MYNDA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0210.A O'BRIEN,FRANCIS J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0211.A MC GRAVEY,JAMES A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0212.A GEORGE F HENDERSON IRREVOCAB 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0213.A EDITH ROSS REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0214.A NOWLAN,JAMES P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0215.A BELIVEAU,LESLIE&VARNUM,MAR 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0216.A BURGIEL,BEATRICE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0217.A PAPAPETROS,THEODORE 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0221.K LYLE,MARJORIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0222.K STRUMPFLER,FRANK R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0223.K O'SHEA,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0224.K COX,NANCY L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0225.K RICHARDS,CHARLES W 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0226.S VANDERHOVEN,ROBERT&MARY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0227.S BOYLE,LILLIAN NOWAK 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0228.S KATTAR JR,JOSEPH K 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0229.S ROGERS,HOMER A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0230.S O'KEEFE,DOROTHY M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0231.B DRISCOLL,PATRICIA&FINN,JOHN T 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0232.B PARSONS,STEVEN H 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0233.B DANNAHY,MAUREEN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0234.B SUTTON POND REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0235.8 KINNEAR,MADELINE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0236.0 RILEY,NANCY A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0237.0 EWING,ELIZABETH E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0238.0 MARGOLIS,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0239.0 LAFOND,MARGUERITE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0240.0 DANAHY,CATHERINE E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0241.F STAUFFER,DALE C. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0242.F MARTINEZ,FRANCISCO J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0243.F FOSTER 243,148 MAIN STREET REAL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0244.F FRITZLER,FREDERIC J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0245.F SWEENEY,PATRICIA A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0301.0 DEERING,BEATRICE L 148 MAIN STREET HAVERHILL MA 01832 210/040.0-0004-0302.0 BOEGLION,PAULINE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0303.0 MARY RUTH PELLETIER 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0304.0 MC MANUS,E JULIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0305.0 MC GUIRE,CAROL A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0306.0 MC MANUS,E JULIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-030TA THE MANN FAMILY REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0308.A FARNHAM,BEVERLY P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0309.A J.C.B.REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0310.A PARFENOV,ANNA&HERMAN 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0311.A PAQUIN,MARY&BLIGH,KLATHLEE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0312.A MURPHY,CARA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0313.A MC CARTHY,RITA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0314.A DELANEY TR,DONNA R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0315.A IACOPUCCI TR,MARGARET A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0321.K PROCTOR,JOAN M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0322.K NUGENT REALTY TRUST,PATRICIA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0323.K COWHEY,ELEANOR M LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0324.K GOODE TRS,WILLIAM E&MARGIT R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0325.K KSJ REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0326.S CAMERON-HALL,DONNA 148 MAIN STREET MEDFIELD MA 02052 210/040.0-0004-0327.S MC CANN,SHIRLEY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0328.S MALLEN,REBECCA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0329.S SICARI FAMILY TRUST,ROSE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0330.S MILLER,ESTHER 148 MAIN STREET PLAISTOW NH 03865 210/040.0-0004-0331.8 BEHENNA,JAMES F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0332.8 PANGS,MARIE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0333.B MILLER,MELANIE R 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0334.13 KEEGAN,SHIRLEY TR 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0335.B D'AGATA,FLORA E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0336.0 FOUNTAIN TR,RONALD A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0337.0 GONCALVES,TERESA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0338.0 VELASQUEZ,JORGE&BELMONTE,A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0339.0 COREY,KAREN L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0340.0 ORTSTEIN,CAROL J 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0341.F MCGETTRICK,BRIAN M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0342.E PALUMBO,LORRAINE P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0343.F SPERANDIO,JANET E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0344.F GOEBEL,ALBERT A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0345.F TOWSE,MARY L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0401.0 ROUHANI,SHIVA&BEHDAD,SIAMA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0402.0 RYAN,JOHN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0403.0 LEVIS,JOSEPH G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0404.0 NEUBERT,ELAINE C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0405.0 NELSON,ERICA C&BOFFETTI,A. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0406.0 MURPHY SR,WILLIAM E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0407.A SILBEY,ALFRED T 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0408.A HOEGGER,JEAN M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0409.A BLUMENREICH FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0410.A THE MARKEE FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0411.A BRUCE,LLOYD&BARBARA TRUSTE 148 MAIN STREET T JCSON AZ 85715 210/040.0-0004-0412.A THOMAS&JOSEPHINE COMPARATO 148 MAIN STREET NORTII ANDOVER MA 01845 210/040.0-0004-0413.A CARUSO,HAROLD A&PAULINE M L 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0415.A CURRERI,PHYLLIS P 148 MAIN STREET NORT i ANDOVER MA 01845 210/040.0-0004-0421.K JOHNSON,JOYCE 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0422.K SAMIA,FRIEDA E LT 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0423.K MARSHALL,LYNDA A 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0424.K HATCH,EUGENIA 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0425.K KLAPES,LINDA L 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0426.3 DIVINCENZO,RISA 148 MAIN STREET NORTi ANDOVER MA 01845 210/040.0-0004-0427.S PALLADINO,ROSE M 148 MAIN STREET A14DOVER MA 01810 210/040.0-0004-0428.S WRIGHT,ANTOINETTE B 148 MAIN STREET LONDONDERRY NH 03053 210/040.0-0004-0429.S GRIMLEY,PATRICIA B 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0430.S NERISSA PARISI 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0431.13 BURKE,SHAWN P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0432.8 BOYD,GERALD F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0433.B HORTON,NANCY P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0434.B CARD,JEAN G F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0435.6 GLORIA REALTY TRUST 148 MAIN STREET NORT H ANDOVER MA 01845 210/040.0-0004-0436.0 MONAGHAN,TIMOTHY 1 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0437.0 WALSH,JOHN J 148 MAIN STREET NORT H ANDOVER MA 01845 210/040.0-0004-0438.0 MCCUSKER,JEANNE 148 MAIN STREET NORT H ANDOVER MA 01845 210/040.0-0004-0439.0 DUNN,JAMES G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0440.0 DOYLE,DONNA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0441.F JEZIERSKI,LEO J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0442.F A.M.GUERRERA REALTY TRUST 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0443.F ROUTHIER,ANNELLE E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0444.F MCGUIRE,JAMES A&SHIRLEY C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0445.F BERNARD,BRENDA E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0501.0 FARAHMAND,ARYA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0502.0 PACHOLSKI,KIMBERLY 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0503.0 FEH NOMINEE TRUST 148 MAIN STREET WESTFORD MA 01886 210/040.0-0004-0504.0 MC QUADE,M ANN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0505.0 HILSE,WILLIAM G 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0506.0 ROGERS JR,RICHARD C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0507.A YORK,SHERYL M 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0508.A HOEGGER,JEAN M. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0509.A HILSE,JEAN M LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0510.A BEHRAVESH,MAJID 148 MAIN STREET ANDOVER 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SHAMUS,SANDRA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0529.3 EMILY GRASSO,TRUSTEE 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0530.5 KELLY,JEAN E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0531.B VINCENT,MARK 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0532.B BERGAN,TERESA A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0533.6 ARSENAULT IRREV TRUST,ALFRED 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0534.B PAROW,HELEN E LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0535.8 PECCI,STEVEN P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0536.0 SLATTERY,WAYNE&PAULA 148 MAIN STREET HAMPTON NH 03842 210/040.0-0004-0537.0 FARIA,COLMAN C 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0538.0 YALOFF,FAYE P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0539.0 WILLIS,JOAN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0540.0 SUHR,BARBARA K 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0541.F FENTON,FREDERICK,&MARGARET 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0542.1` KWONG,BRANDI 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0543.F DWYER,GERALDINE M,MAUREEN N 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0544.F WESTON,CANDICE A 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0545.F DEVINE,LISA 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0218.A NADELL,FRANK 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0414.A RULLO,FRANK J. 148 MAIN STREET NORTH ANDOVER MA 01845 EXHIBIT E TRAFFIC LETTER AND FIRE DEPARTMENT LETTER DJKDermot J. Kelly Associates, Inc. Traffic Enginearing/Transportation Planning 280 Main Street, Suite 204 North Reading,, l A 164-1300 Office: 97"64-2205 14-2205 Fax: 978-664-2444 REF: 733 February 7, 2007 Timothy McIntosh Vanasse !Tangen Brustlin Inc. 101 Walnut Street P4 Box 9151 Watertown, MA 02471-9151 FSE: Messina's Shopping Center Dear Tire. Attached please find a Conceptual Access and 50 Truck Circulation Plan and a Conceptual Access and Fire Lane Circulation Plan both prepared by DJK Associates, Inc. dated December 10, 2006. Both plans were prepared for the proposed renovations to the Messina Shopping Center located on Main Street in !North Andover. The proposed renovations will allow the existing CVS to move into a larger space with the overall shopping center decreasing by approximately 200 square feet. Since the CVS is adding a drive up window the traffic generation and parking requirements will essentially be the same pre and post renovations. Consequently there is no offsite traffic and parking impacts created by the proposed renovation. The proposed renovations will provide on site landscaping and traffic circulation improvements as shown on the attached plans. The Main Street driveway is proposed to remain at its existing location with additional curbing, signage and pavement markings added to the entrance/exit, Along First Street adjacent to the existing building there are curbing and sidewalk improvements proposed which will acid defined on street parking spaces and improve traffic circulation. The Conceptual Access and WB-50 Truck Circulation Plant was forwarded to North Andover Fire Chief Dolan for review. The Chief indicate that fire truck circulation around the building is adequate as noted in tail'response letter which is attached. The Chief dict request that a "Fire Lane' be provided around the back of the building and that it be appropriately signed so that vehicles would not park in the Fire Lane Based on that comment the Conceptual Access and Fire Lane Circulation Plan was developed which provides a Fire Lane around the building supplemented with " o Parking Fire Lane" signs as shown on the plana. 733-Tim McIntosh,VH -UO2. ac DJKDermot J.Kelly Associates, Inc- Traffic nc.T c EngineeringlTransportation Planning Upon your review of the above referenced plans, please do not hesitate to contact me if you have any questions, comments and/or if you require any additional information. Sincerely, DJC ASSOCIATES,INC, Dermot J. belly, PE TSE President Enclosure cc: Lincoln Daley, Forth Andover Town Planner Christian Huntress, Huntress Associates, Inc File 729-UO2 10-27-06 TOWN OF NORTH ASI Fig Deparunent Central Fire Headquarters rter°s 124 MAI STREET NORTH Ali MASSACHUSETTS 0 1845 VVilliam V. Telephone 9' 688.9593 Chief°�f De prime t FAX 19781688-9594 ad William p, lartin as wrn i , TownofNorthAndover.com Dq'U4, Mr. Dermot ,l, Kelly. PE, l'TO 203 Main Street, Suite 20 'forth Reading, MA 01864-1300 10 JarivarY 1007 Dear Mr. Kelly, Thank you for providing the forth Andover Fire Department the track circulation plata for Iessina's Shopping center on the plan dated 12/10,106. As indicated by the plan there will be sufficient access wayfor use by the fire department around this building provided vehicles utilize the parking spaces provided and do not park so as to obstruct the lane. Vehicles should not be ked on the access laird along the length of the road parallel to school street and proper signage should be platted in this area to indicate that parking is not allowed and the latae in this area be appropriately marked as a lire lane. This letter is in reply to access requirements and not indicate agreement for fire protection for the structure or exposures,which will he addressed during the plata review process, Please contact rite if You have any questions regarding this letter. Respectfully, ' lli rn , . Dolan - vd 111010 William `. Dolan. l=ire Chief Cc: Christian Huntress. Huntress Associates, Inc. J 7.50 42.50 SCHOOL STREET p TO Q 0.00 .,,.., R6-1L ,, WB-50 .72.50 eet 41T—t.,Wdift :800 Lock to Lock T— :6.00 R6 1L A6`^"' # we:.w '" ""' Trader Width :850 Steering Angfe :77.70 Tractor Track 8 00 Art'culat ng Angle 70.00 Existing I&Office Spoea r�vrrruvrrr rririirrrrrv�rrr T-1- Track :aso Two Story �.irrrrrrr (9.348 of- Flret Floor) R;-1L --'-. (7,322 of-Second Floor) CW I. _ I F s C� 1J, .',- Lam $.m P6OP�@ w@IACp>Oml A10 Pnffi • nw O +R6 ewt 1L ulrt- m R 62�Imm,r zas�•�®cv v1 ® R m y 4 srcv zsca+m - .� wmrR Ra7cR� `j ~SW L RI-I en' 8n- c �R4-7 R4-7 �� �• .�_. R4-7. i R6-I 90' 90' Y ® O RB-IL /DOURL6 98' IP' A SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES A O EDITION 2003 AND MASSACHUSETTS HIGHWAY DEPARTMENT STANDARDS FOR LATEST SPECIFICATION ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. •. i ♦ ,czy. R6-11 r. %i.• SL -1 CONCEPTUAL ACCESS AND £' © WB-50 TRUCK CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. MESSINA'S SHOPPING CENTER NORTH ANDOVER, MASSACHUSETTS FIRST STREET GRAPHIC SCALE ox 733 SOURCE BASE PLAN INFORMATION OBTAINED FROM NUNTRE65 ASSOCIATES,INC.ELECTRONIC FILE'SITEPLAN.ONG• 733CAD1-R1 Dote 12/10/06 RECIEVEO ON JANUARY 17,2007. 1yy,no. rrcxadn nAtE 1'—20' 91LEt 1 1 SCHOOL STREET ySP-1 ..-...�_-_ Ew ySP-1 I .mss.•,�� --9w .i62W �\\ R5-1. .,,�... Existing Retail&Office Space �. rrrrrrrrrrrr i rrrrrrrrr rrvrrrriivuv. 1 Two Story `-- lirrrrrrrr (9.348 of-First Floor) . ,•R6-1L� (7.522 of- Second Floor) < �4 ^., SP-1 ' ,,: • ,• _ ' � � yam$ O' 41, ow n I1RwraflID oe @L®mmf Ai0 rase R E R6 IL L a 9DR walm E T J srueot. 3 �, ge q '11'sWLL R6-11- R4-7 &F• sD' a 7 F G , R4-7 H R4-7, E ® � - R8-1 80' 30' L A ® E r�RD) 98• 12• 9v-t 2a' zt' SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES i J _, _ -_, • EDITION 2007 AND MASSACHUSETTS HIGHWAY DEPARTMENT STANDARDS FOR LATEST SPECIFICATION ® -1 0 ; R6-1L ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. SL > .il CONCEPTUAL ACCESS AND © I., FIRE LANE CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. MESSINA'S SHOPPING CENTER n �---- NORTH ANDOVER, MASSACHUSETTS FIRST STREET Q "'°SCALE OJ( 733 SOURCE:BASE PUN INFORMATION OBTAINED FROM HUNTRESS ASSOCIATES,INC.ELECTRONIC FILE-SITEPLAN.DWO' 733CA02-Ri 12/10/06 7-7 RECIEVEO ON JANUARY 17,2007. rsk u�llsan6 a1c f'-2d f f