HomeMy WebLinkAboutMiscellaneous - 800 WAVERLY ROAD 7
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F,,�;.�• �...�o� Town of North .Andover
Office of the Planning Department
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Community
• :, .. ;�; tY Development and Services 'gjq1VED
1600 Osgood Street t-C'it C,j-
IVortli Andover,Massachusetts 07845
�;ncoln�1�,. 206 DEC -7 Rli t: 59
Town Planner Telephone(978)688-9535
Fax( a2
7
it
NOTICE OF DECISION ASSArifUSC r ;
Any appeal shah be filed
Within(20)days after the
Date of filing this Notice
to the Office of the Town
Clerk Date:December 6,2006
Dates of Hearings;November 21,2006,
December 5,2006
Date of Decision;,December.5,2006
Petition of:Rice North Andover,LLC.,54 Jacomzet Streect,Suite 203, Newton,Massachusetts 02461
26.
Premises affected: North Andover Assessor's Map 27,Pa=Ly 16, 17, 18, 19,20,21,22,23,24 25&
Referring to the above petition for i Special Permit within the planned Commercial Dis
Overtly. The application was noticed and reviewed in accordance with the procedures for
and MGL c.40,ser. 9. ct
approval described ill Sections 10.3,20.31,and IS of the Town of North Andover Zoning Bylaw
So as to allow:the use of a retail pet store within the 11,295+-
Watgreen's Pbarinacy building located in the Planned uare foot building adjacent to the
Commercial District.
After public hearings given on the above dates,the Planning Board vot
Permit based upon the following conditions ed to APPROVE the Special
Signed:Ze
Lincoln Daley,To Planner,
For the Planning Board
Cc: Applicant Richard Nardel*Chairman
Engineer Aberto Anes
Abutters Richard Rowen
Building Department Jennifer Knack
Johns S
inions
(Absent)
nt
)
This is to certify that twenty(20)days I TEST:
have elapsed from date of decision,filed A True Copy
without filing of a
Date
Jayta+®,.®radshaw Town Town Clerk oWri Clem
Planned Commercial District/Special Permit-Map 27,Parcels 16 through 26
Retail Building Use
December 5,2006
to accordance with Section 15.2.1(a),the Planning Board herein approves the Special Permit for the
proposed retail pet store within the 11,295+-square foot retail building adjacent to the Walgreens
Pharmacy previously approved by the Planning Board on November 12,2005 under a Site Plan Special
Permit. These buildings are located in the Planned Commercial Overlay District and on Map 27,Parcels
16, l 7, 1 S, 19,20,21,22,23,24,25 dt 26 when combined total approximately 4.42+-acres(192,548 s.f).
This Special Permit was requested by Rice North Andover,LLC., 54 Jaeonnet Street,Suite 203,Newton,
Massachusetts 02461.This application was filed with the Planning Board on October 19,2006. The
applicant submitted a complete application which was noticed and reviewed in accordance with Sections
10.3, 10.31, 15-1,and 15.2.1 of the Town of North Andover Zoning Bylaw and MGL c.40A,sec.9
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 10.3:
FINDINGS OF FACT:
1. The specific use as a retail pet store is an appropriate location for the project as it is located in the
Planned Commercial Overlay District and involves a permitted use within the zoning district.
2. The use as developed will not adversely affect the neighborhood as the landscape design will not be
modified from the landscape design plan previously approved for the site.Further,the use is
compatible with the character and uses of the Town and provides significant economic benefits to the
community.
3. There will be no nuisance or serious hazard to vehicles or pedestrians as the proposed use does not
require any alterations or major modifications to the approved number of parking spaces,parking
design,access or egress points.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project will provide for municipal water,sewer and utilities on the property to adequately address
the needs of the project. Furthermore,the design of retail facility contains design characteristics that
are present in traditional town centers,and nearby commercial projects in North Andover.
5. Finally the Planning Board finds that the specific use is in harmony with the general purpose of this
Zoning Bylaw.
6. The applicant shall adhere to all of the terns and conditions of the Site Plan Special Permit issued by
the Planning Board on November 15,2005.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 15.1 and 15.2.1
FINDINGS OF FACT:
1. The proposed use satisfies the intent of the overlay district by developing unique and specific tracts of
land identified by the Town's Master Plan and Planning Board for the purpose of planned commercial
development.
2. The proposed use is compatible with the character and uses of the Town and provides significant
economic benefits en fits to the
community, The
i�of the retail facility cont
ains design characteristics
that are present in traditional town centers and nearby commercial projects in North Andover.
2
' Planned Co
mmercial District/Special permit-Map 27,parcels
Retail Building Use 16 through 16
December S,2006
3.
The Proposed oposed use will not impact the approved parking and traffic desi
facilities are provided . F
P ded for each gn rather ad
h use and structure in the development. � equiate parking
4. The project does not adversely affect the natural environment to the detriment ent of community
3
pORYy
3�of
C, 2006 JUN --7 AM 8 34
�1?A�wwr§o��+y
4'�swcKus�
k,FV T
ZONING BOARD OF APPEALS N 0,R T H A 11.400 { f�
Community Development Division MASS��-lU c;
Any appeal shall be filed within Notice of Decision
(20)days after the date of filing Year 2046
of this notice in the office of the
Town Clerk,per Mass. Gen.L.ch.
40A, §17 Property at: 790&800 Waverley Road
NAME: Mark Investment,Inc.,Robert Korn; HEARING(S): April 11,2006
President,54 Jaconnet Street,Suite 203,
Newton,MA 02461
ADDRESS: 790&800 Waverley Road PETITION: 2006-012
North Andover,MA 01845 TYPING DATE: April 21,2006
The North Andover Board of Appeals held a public hearing at its regular meeting in the Senior Center,
120RMain Street,North Andover,MA on Tuesday,April 11,2006 at 7:30 PM upon the application of
Mark Investment,Inc.,Robert Korn;President,54 Jaconnet Street,Suite 203,Newton,MA 02461,for
premises at: 790&800 Waverley Road(Map 27,Parcels 16-21;23-26);North Andover requesting a
Special Permit from Section 6,Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent
externally illuminated ground sign greater than the maximum 25 square feet and maximum 8 foot height.
Said premises affected is property with frontage on the Southern side of the Turnpike Street and Waverley
Road intersection within the Planned Commercial Development(PCD)zoning district. Legal notices were
sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general
circulation in the Town of North Andover,on March 27&April 3,2006.
The following voting members were present:. Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,
Albert P.Manzi,III,and David R Webster_ The following non-voting members were present: Thomas D.
Ippolito,Richard M.Vaillancourt,and Daniel S.Braese.
Upon a motion by Richard L Byers and 2°d by David R Webster,the Board voted to GRANT a Special
Permit from Section 6,Paragraph 6.6.D.2 of the Zoning Bylaw in order to construct a permanent
externally illuminated shared monument sign, 100 sq.&to be partitioned 57 sq.ft.for Walgreens and 47
sq.ft.for"Additional Tenants',and monument height of 17'8"per:
Site: 790&800 Waverley Road(Map 27,Parcels 16,17,18,19,20,21,23,24,25&
26),North Andover,MA 10845
Site Plan Title: Site Plan for Sign Location,Project:Mark Investments,Proposed
Walgreen's/Retail(Store#10209),Assessor's Map#27,Lots#16, 17, 18, 19,
20,21,23,24,25,&26,Salem Turnpike(Route 114)@ Waverly Road,
Town of North Andover,Essex ,Massachusetts
Date &Revised Dates): Y10/06
Registered Professional William D.Goebel,Registered Professional Civil Engineer,Massachusetts
Civil Engineer License No.42644,Bohler Engineering,P.C.,352 Turnpike Road,
Southborough,MA 01772
Sheet/Drawing 1 Of 1
Page 1 of 2
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fox 978.688.9542 Web wwwjownofnorthandover.com
Of NORT/i q
° <*``0 '•, a'o (' Time Stamp
> s
'A T0VI
CHUS
'���t� y Aja.
ZONING BOARD OF APPEALS a '
Community Development Division MASSA, t
ALTA/ACSM Land Title Walgreens,Salem Turnpike&Waverly Road,Lots 16, 17, 18, 19,20,21,23,
Survey 24,25, &26,Map 27,Town of North Andover,Essex County,
Commonwealth of Massachusetts
Registered Professional Gregory S.Galas Masocimsette Professional Land Sorvcor#40762,Control
Land Surveyor Point Associates,Inc.,776 Mountain Boulevard,Watchung,NJ 07095
Date: 5-317p5 9-14-05
Sheet/Drawing: I of 1,File no.C05130
With the following conditions:
1, The Walgreens'red shall be approved by the North Andover Police Department.
The Board finds that the applicant has satisfied the provisions of Section 10,Paragraph 10.31 of the zoning
bylaw and that 790&800 Waverley Road in the Planned Commercial District an appropriate location for
this sign structure and will not adversely affect the state Route 114 neighborhood. The Board finds that
there will be no nuisance or serious hazard to vehicles or pedestrians because the proposed sign area will be
and the,allows pedestrians and vehicles to see each other. The Board finds that adequate and appropriate
facilities will be provided by the foundation 4'bdow grade steady,stationary external lighting that is
shielded and directed solely at the sign,and Planning Board approved landscaping for the proper operation
of the proposed self-supporting ground sign. The Board finds that the proposed self-supporting ground
sign,as shown on the above plans,is in harmony with the general purpose and intent of this Bylaw,and this
sign shall not be more detrimental than the existing self-supporting ground signs in the neighborhood.
Note: 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 Building Commissioner.
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 baring. 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 r -established only after notice,and a new hearing.
Town of North Andover
Board of Appeals,
Ellen P.McIntyre,
Decision 2006-012.
AMP16-21;23-26.
Page 2 of 2
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9541 Fox 978.688.9542 Web www.townofnerthandover.com
Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street G C• C-�
Bldg.20,Suite 2-36 /'
North Andover,Massachusetts 01845 ol��
http://www.townofnorthandover-com
TO THE LAWRENCE EAGLE TRIBUNE
LEGAL AD
FOR PUBLICATION TUESDAY OCTOBER 31,&NOVEMEA 7,2006
CLIPPINGS TO BE MAILED TO THE PLANNING DEPARTMENT AS ADDRESSED ABOVE
TOWN OF NORTH ANDOVER PLANNING BOARD
NOTICE OF PUBLIC HEARING,TUESDAY,NOVEMBER 21,2006 @ 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 Special Permit under Section 15.2.1 of the North
Andover Zoning Bylaw. Applicant proposes a retail pet store
supplying pet food,pet supplies,fish,animals,and pet grooming
&pet training services and appurtenant veterinary services will be
conducted within the confines of the store which is located within
the Planned Commercial Development,District.
Applicant/Petitioner: Rice North Andover,LLC
54 Jaconnet Street,
Suite 203 Newton,MA 02461
Owner: same as above
Address of Premises Affected: Rte 114,Waverly Rd.North Andover,(adjacent to Walgreen's)
Assessors Map and Lot: Map 27,Lots 17, 18, 19,20,21,23, 24,25,26.
Public Hearing Date&Time: Tuesday,November 21,2006& 7:00 pm.
Location of Public Hearing: Town Hall, 120 Main Street,North Andover,MA,2nd floor
conference room.
All interested persons may appear and he heard.Persons needinu mprial annn—nndatinne and/nr
those interested in viewing the appG 8
Department at(978)688-9535. -
a i
Hit 11 sil 11 11.1
4
s
Town of North Andover Town Clerk Time stamp
Office of the Zoning Board of Appeals p, CEIVED
Community Development and Services " ? ' 0FFICE
'ss,N,35< 400 Osgood Street
North Andover,Massachusetts 01842906 MAR 22 ! 10 45
Gerald A.Brom Telephone (978)688-9541
Inspector of Buildings Fax (978)688-9542
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 11th of April 2006 at 7:30 PM to all parties interested in the application of
Mark Investment,Inc.,Robert Korff, President, 54 Jaconnet Street, Suite 203,Newton,
MA 02461, for premises at: 790& 800 Waverley Road(Map 27,Parcels 16-21; 23-26),
North Andover requesting a Special Permit from Section 6, Paragraph 6.6.D.2 of the
Zoning Bylaw in order to construct a permanent externally illuminated ground sign
greater than the maximum 25 square feet and maximum 8 foot height.
Said premises affected is property with frontage on the Southern side of the Turnpike
Street and Waverley Road intersection within the PCD zoning district.
Plans are available for review at the office of the Board of Appeals office, 400 Osgood
Street, North Andover, MA Monday through Friday from the hours of 8:30 to 4:30PM.
By order of the Board of Appeals
Ellen P. McIntyre, Chair
Published in the Eagle-Tribune on March 27& April 3, 2006.
Legalnotice 2006-012.
M27P 16-21;23-26.
Board of Appeals 978-688-9541 Building 978-688-9545 Conservation 978-688-9530 Health 978-688-9540 Planning 978-688-9535
t �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B - Certificate of Compliance Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1333
Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Mark Investment, Inc.
computer, use Name
only the tab
key to move 54 Jaconnet Street
your cursor- Mailing Address
do not use the Newton MA 02461
return key. City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to:
Mark Investment, Inc.
Name
February 1, 2006 242-1333
Dated DEP File Number
3. The project site is located at:
790 & 800 Waverly Road North Andover
Street Address City/Town
Map 27 Lot 16
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Rice North Andover, LLC
Property Owner(if different)
Essex North 10146 06596
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
8/21/07
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed.The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform 8b.doc•rev.7/13/04 Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance Ll
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 242-1333
Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of intent and receiving a new Order of Conditions.
® Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
90
C. Authorization
Issued by:
North Andover 02
Conservation Commission Date qft Issua ce
This Certificate must be signed by a 'ority of the Conservation Commission and a copy sent to the
applicant and appropriate DEP gional Office(See Attachment).
Signatures:
V�
AL_" C_.
wpaform 8b.doc•rev.7/13/04 Page 2 of 4
[ -Lj\ Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1333
Provided by DEP
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex North
h�
On this ° `)00;>
Day Of Month Year
before me, the undersigned Notary Public, personally appeared
Swf ' 8--L6S2.
Name of Document Signer
proved to me through satisfactory evidence of identification,which was/were
Massachusetts License
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged
to me that he/she signed it voluntarily for its stated purpose.
As member of North Andover Conservation Commission
City/Town
Signature of Notary Public
DONNA M.WEDGE Do/izzq ni- 46"/)EC`
COMMONKALLTHHOOFMUUMCHOSETTS PUBLIC Printed Name of Notary Public
MY Comet Expha Aug.7,2009
dh /0?06
MyC/om�mission xpires(Date)
Place notary seal and/or any stamp above —��
Signature of Notary Public
wpaform 8b.doc•rev.7/13/04 Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 242-1333
Provided by DEP
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
---------------------------------------------------------------------------------------------------------------------------
To:
North Andover
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
790 & 800 Waverly Road 242-1333
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpaform Bb.doc•rev.7/13/04 Page 4 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belchertown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Charlemont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leverett Orange Southwick Williamsburg
Chester Granville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston
Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD:508-767-2788 Bellingham Gardner Littleton Oxford stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Weltfleet
Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
CarverFalmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newton Somerville Weymouth
Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Burlington Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8b.doc•DEP Addresses•rev.8/15107 Page 1 of 1