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Miscellaneous - 109-123 MAIN STREET 4/30/2018 (3)
t Date. . . r, .i ?`T L- 0 o'<",°RT:��a TOWN OF NORTH ANDOVER p PERMIT FOR PLUMBING ;,SSACMUS� This certifies that '. . . . r :". :` . . . . - . . • • • • . . • . • • • • has permission to perform plumbing in the buildings of at . !.O. . .- .���. . . . . . . . . . . . . , North Andover, Mass. Fee.di4l1. . . .Li c. No.. . . .f�?.'�' / �.._: -. . . . . . . . . . / ' ��PL,UMBIN IN6ECTOR Check # - � � ✓ U '� 528 rld MASSACHUSETTS .UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING ,(Print or Type) Mass . Date__ -��/ City, Town Permit N Building - Owner 's ley AT: Location ��of ► , � ���� Name lj' �- - � X42 Type Occupancy: New ❑ Renovation [t� Replacement ❑ FIXTURES Plans Submitted: Yes ❑ No ❑ z Z N Z Y < O Z W Y J N } U < N = W uJ V to N 2 Q W y _ 6 = Cr Cr W 0 7 < W ¢ < W O < W z ¢ d C O W F- U y p„ O = A. 7 N F- Y d O _Z Z < W LL be W N < < O Z O O N W f' O U S 3 Y J to N O O J 3 = /- N U. (7 M C < 3 ¢ m O C.0 SUB—BSMT. BASEMENT IST FLOOR 2N0 FLOOR 3RD FLOOR 4TH FLOOR STH FLOOR 6TH FLOOR 7TH FLOOR aTH FLOOR Lt I (?rr.t or Type) Check One: Certificate lr.stz-.r.e Company Name (ten ❑ Corp. Address �.?/ l�i'/- ST T„ r t/l 0,<artnership ❑ Firm/Company B :r.:ss Telephone 97E �S`� — r/ 1 Name ofhiccnscd Plumber or Gasfitter I -crcbt ccrtif% that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my ,:�!eegc and that all p!umbing Work and installations performed under Permit issued for this application will be in compliance with all pertinent Pra,swns of the Massachusetts State Gas Code and Chapter lag of the General Laws. nalc `awned the 0-ncr or his agent that Ido not have liability insurance including completed operations coverage. c a ::acne lubditc insurance Policy to include completed operations coverage. Ly T:t!: ` Signature of Licensed Plumber C":tt To%%n Typc of Plumbing Licenze APPROVED (OFFICE USE ONLY Licenc�� ❑ masse r I,surnr�'nlitn e Number • -. Hinn..t K'a�;lr.. Irir• 178!1 / TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING s � ,�•'a ACHUS This certifies that .'4. . . � !. . - '` .c. . . . . . . . . . . . . has permission to perform... . : plumbing in the buildings of . = �. . . . . u. . .f/ P! '. . . . at . -?.3.r. ./—;'S..�.,-.� f . . . . • . ., Nom AndoveE Mass. Fee/'?'�n. . fy.Lic. No./ � r PLUMBING INSPECOR r Check # 78 '18 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER,MASSACHUSETTS µ��� � Date til 2 v� Building Location �y ��3 ► S� Owners Name �� C J Permit#--�— UN 45Z d Amount�Q e� 3 Type of Occupancy Cop-,, New Renovation Replacement El Plans Submitted Yes No FIXTURES W. H U a w A a A H y ° c d Ri3am Rk%ME VT SERDM arnFLOCR 3MRf auiRf= sMlzO _ 9m acm (Print or type) �ICheck Certificate +Installing Company Name �. I Corp. Address __ 0�/ yl/� �Iro� Partner. ' Business TTelephone ZZ �� Firm/Co. Name of Licensed Plumber: 72111-ZZ- Insurance Coverage: Indicate the type of insurance coverage by checking the appropriate box: Liability insurance policy Other type of indemnity F1 Bond Insurance Waiver. I, the undersigned,have been made aware that the licensee of this application does not have any one of the above three insurance Signature Owner ❑ Agent ❑ I hereby certify that all of the details and information I have su or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and ins a o ormed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massach de and Chapter 142 of the General Laws. By: I a gn agKr i um er ype of Plumbing License Title /3 g City/Town 1cense 1NUMDcr Master Journeyman ❑ APPROVED(omcE USE ONLY 17 1 Date. ........................... NORTH °f'"��;•�"� TOWN OF NORTH ANDOVER p PERMIT FOR WIRING ,S3 MUS . � r r 000 This certifies that .......... .. ' ' .............................................................................. has permission to perform ...:.. �—� ................................................................... wiring in the building of ` .. � at ..:.. .......!?:} ` ............ .North Andover,Mass. Lic.Nof'1 17 ...... . . .. .1 y ELEC`TRIC�AL I PECK �{r Check it v 801: 5 Commonwealth of Massachusetts Official Use Only Department of Fire Services Permit No. �' BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked vi I (Rev.9/05 (Leave Blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE ALL INFORMATION) Date: 3/15/2008 City or Town of: North Andover To the Inspector of Wires By this application the undersigned gives notice of his or her intention to perform the electrical work described below. Location(Street&Number) 109 Main Street Owner or Tenant San Lau Realty Trust Telephone No. Owner's Address 109 Main Street North Andover,MA Is this permit in conjunction with a building permit? Yes ® No ❑ (Check Appropriate Box) Purpose of Building Retail Space Utility Authorization No. Existing Service 600 Amps 110 / 220 Volts Overhead Undgrd. X No.of Meters 1 New Service Amps / Volts Overhead ❑ Undgrd. No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Work New construction of fit out space only,lighting,and.power. Tele/Data,Fire Alarm,and Security by others. Completion of the ol ving table may be ivaived b the Inspector of Wires. No.of Recessed Fixtures No.of Ceil.-Susp.(Paddle)Fans No.of Total KVA No of Lighting Outlets No.of Hot Tubs Generators KVA No.of Lighting Fixtures 140 Swimming Pool Above ❑ In- ❑ No.of Emergency Lighting Grnd. Grud. No.of Receptacle Outlets 56 No.of Oil Burners FIRE ALARMS No.of Zones No of Switches 12 No.of Gas Burners No.of Detection and No.of Ranges No.of Air Cond. Total Tons No of Alerting Devices No of Waste Disposers Heat Pump Number Tons KW No.of Self-Contained No.of Dishwashers Space/Area Heating KW Loca MunicipalX Other Connection 1 ❑ No.of Dryers Heating Appliances KW Security Systems No.of Devices NA No.of Water KW No.of Signs No.of Data Wiring No.of Devices or NA No.Hydromassage No.of Motors Total HP Telecommunications Wiring No. NA Other Itlach additional etai if esire ,or as require y 1 e nspector o fres Estimated Value of Electrical Work: (When required by municipal policy.) Work to Start 3/15/2008 Inspections to be requested in accordance with MEC Rule 10,and upon completion. Insurance Coverage: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent. The undersigned certifies that such coverage is in force,and has exhibited proof of same to permit issuing office. CHECK ONE: INSURANCE ❑X BOND ❑ OTHER ❑ (Specify:) July 2009 (Expiration ate) • I certify,under the pains and penalties of perjury,that the information on this application is true and complete. FIRM NAME: Crocker Electrical Company Inc. LIC.NO.: A 7197 Licensee: Edward Crocker Signature = LIC.NO.: A-7197 (If applicable, enter "exempt"in the license number line) Bus.Tef.No.: 617-773-1030 Address: 115 Sagamore Street,Quincy,MA 02171 Alt.Tel.No.: *Security System Contractor License required for this work;if applicable,enter the licence number here: OWNER'S INSURANCE WAIVER: I am aware that the licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement. I am the (check one) owner M Mowner aizent Owner/Agent g Telephone No. PERMIT FEE: 1J UD I i 1 i Date. .: "oR,,, TOWN OF NORTH ANDOVER ` PERMIT FOR PLUMBING SACMUS� This certifies that . . . . . . . . v has permission to perform_,.-.e . plumbing in the buildings of. +-^J. . 1� �-�-�r. . . at . . . . . . . . . . . North Andover, Ma Fee. . . . . . .. .Lic. No.. . .�9�� - . . . . . . . . . . . . . . • �PLUG INSPECTOR Check A 7 / 9 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Type or print) NORTH ANDOVER,MASSACHUSETTS Building Location IcFl (ylA dlJ Owners Name im �^ Date 'Permit# Type of Occupancy e�7-rt Amount New Renovation Pe9r Replacement ' Plans Submitted Yes No El FIXTURES w � x o a 100 W) c rA >STFLOCIZ MROCIZ 3MFUM 4M1ZOC[Z M ROM 6MF OM 7M1CM 9MFLOCR r (Print or type) � ^ Check one: Installing Company Name f- l_3-AK)S�- /1 -6 (c)-) Corp. Certificate Address �J _tom 0 Partner. Business elephone Firm/Co. Name of Licensed Plumber: C'#��?� Insurance Coverage: Indicate the type of insurance coverage by checking theappropriate box: m Liability insurance policy {1��7 Other type of indemnity E3 Bond ❑ Insurance Waiver: I, the undersigned,have been made aware that the licensee of this application does not have any one of the above three insurance Signature Owner Agent I hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work anrhu ations erformed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massto P 1 ode and Chapter 142 of the General Laws. By: igna ure o icense um cer Title P u Bing License City/Town icense u er .Master APPROVED(OFFICE USE ONLY Journeyman ❑ `7-.2 Y-d Date.................................. N01tTly °�<"`°;•'"� TOWN OF NORTH ANDOVER PERMIT FOR WIRING ,SSACMUSE� This certifies that ............ .. ......!�?w f ..2..........-- 'K-. ......... has permission to perform .r U ................................................................... wiring in the building of.........� LRIJ.... ���r}...... ...' ....................... 10.. q M! r.. ..........).:?-...................... .. . .North Andover,Mass. Lic.No.0...7 , .. ELECTRICAL INSPECTpit ' Check # —� 8262 �-� LOMmonwealth of MassachusettsFOeave O�cial Use only Department of Fire Services ZBOARD OF FIRE PREVENTION REGULATIONS nd Fee Checked jL blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN)NK OR TYPE ALL INFORMATION). Date: City or Town of. NORTH ANDOVERspector —� By this application the undersigned gives notice of his or her intention to perform the nelectrical workidescribed below. Location(Street&Number) Owner or Tenant Owner's Address Telephone No. Is this permit in conjunction with a building permit? Purpose of Building t Yes � No ❑ (Check Appropriate Bos) C— Utility Authorization No. ------------- Existing Service Amps / Volts Overhead❑ Und grd ❑ No.of Meters New Service Amps / Volts Overhead ❑ Undgrd ❑ No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work: L 6� Com letion o the ollowin table may be waived b the Inspector of Wires. No,of Recessed Luminaires No.of Ceil.-Susp.(Paddle)Fans No•of Total r Transformers KVA No.of Luminaire Outlets No.of Hot Tubs Generators KVA No.of Luminaires Swimming Pool .Abodve ❑ - ❑ 0.0 mergency Ig g d Batte Units No.of Receptacle_Outlets r No. of Oil Burners FIRE AI AILl4[C IN Of Zones No.of Switches No. of Gas Burners o.of etection and India ' Devices i No.of Ranges No.of Air Cond. Total Tons No. of Alerting Devices No.of Waste Disposers eat UMP Number ons P Totals: --- __ No.of Self:Contained � - �' Detection/Alertin Devices No.of Dishwashers Space/Area Heating KW Local 0 Municipal No.of Dryers Connection e g�� Appanees KW Security Systems: No.of Water No.of No.of Devices or E uivalent Heaters KW No.of .Data Wiring: i Ss Ballasts No.of Devices or E uivalent No.Hydromassage Bathtubs No. of Motors Total HP Telecommunications firing: No,of Devices or E uivalent OTHER: U 5 As { Attach additional deta Estimated Value of Electrical Work: il if desired, or as required by the Inspector of Wires. .(When required by municipal policy.) Work to StarkJ— —`�j Inspections to be requested in accordance with MEC Rule 10,and upon completion. INSURANCE COVERAGE: Unless waived by the owner,no permit for the performance of electrical work may issue unless the licensee provides proof of liability insurance including"completed operation"coverage or its substantial equivalent The undersigned certifies that such coverage is in force,and has exhibited proof of same to the permit issuing office.. CHECK ONE: INSURANCE R BOND ❑ OTHER ❑ (Specify:) I certify, under the pains and penalties of perjury,that the in ormatton on this application is true and complete. FIRM NAME: LM4 ► t � p LIC.NO Licensee: (�II�I f�i��IiVITtSfgnature (If applicable, ter " m t" ' the li a er line.) LIC.NO.'b Address: Bus.Tel.No.: *Per M.G.L c. 147,s. 57-61,security work requires D argent of Public S Alt Tel.No.: � ty S License: Lic.No. OWNER'S INSURANCE WAIVER: I am aware that the Licensee does not have the liability insurance coverage normally required by law. By my signature below,I hereby waive this requirement I am the(check one) ❑ owner ❑owner's agent Owner/Agent Signature Telephone No. PERMIT FEE:$ �.��: v i �� The Commonwealth ofMassachusetts Ze ! Department of Industrial Accidents ., Office of Investigations W. illi f' 600 Washington Street a i Boston, MA 02111 Workers' Cwww.massgov/dia ompensation Ins urance Affidavit: Builders/ContractorsMiectricians/plambers Applicant Information Please Print Lembly Natrie(Business/Organiaation/Individual); Address: City/State/Zip: Phone# . Are you an employer?Check the appropriate box: 1.❑ I am a employer with 4. IF_ pe.of protect(required): ❑ I asst a general contractor and I employees(full and/or part-time).*. have hired the sub-contractors ❑New construction 2.❑ I am.asole proprietor.or partner- listed on the attached sheet! ❑Remodeling ship and have no employees These sum-contractors have S. Demolition working for me in any capacity, workers' comp.insurance. [No workers comp.insurance 5. 9. ❑Building addition P ❑ We are a corporation and its required.] officers have exercised their 10•❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL I I.7 Plumbing repairs or additions f myself.[No•workim'comp, c. L52, §1(4),'and we have no insuranceuired. t 12.[]Roof repairs req ] employees. [No workers' comp. insurance required..] I3:❑.Other *Any applicatrt that checks boi tf I must also fill out the section below showing their workers'bompenaatiori policy information t Homeowners who submit this affidavit indicating they are doing all work and then hie outside conuutots must submit a new affidavit indicating such. Contractors that check this box mwtattaobed an additional shct showing tha name of the sub,eomuactots and their worms,sauna•policy information. I am an employer that.is pror hrkg workerscompensation insurance for my.employees; Below is.the inforpolicy and job site mation. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: Job Site Address; City/State/zip: Attach a copy of the.workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well ELS civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statementmay be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains andpenaldm ofperjury that the informadon provided above is tate and eorrea Signature, ------------ Date: Phone#: Official ase only. Do not wire in.this area,to be completed by ci or town.offldal City or Town: Permit/License# Issuing Authority(circle one): I. Board of Health 2. Building Department 3.City/Town Clerk 4.Electrical Inspector 5. Plumbing Inspector 6.Other Contact Person: Phone#: Information and. Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the'fbmgoing engaged in a joint enterprise,and includirig the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. 'However the owner-of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons.to do maintenance,construction or repair work on such dwellinghouse or on the grounds or building appurtenant thereto shaU not because of such employment be deemed to be an employer." MGL chapter 152,§25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicaut who has not produced acceptable evidence.of compliance with the insurance'coverage required." Additionally, MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation.affidavit completely,by checking the boxes that apply to your situation and, if necessary, supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)'of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers'compensation insurance. If an LLC or LLP does have y empioyees,a policy is required. Be advised that this affidavit.may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage.. Also'be sure to sign and date the affidavit The affidavit should, be returned to the city or town that the application for the permit or license is being requested, not'the Department of Industrial Accidents. Should you have any questions regarding the law or if you-am required to obtain a workers' compensation policy,please call the Department at the numberlisted below. Self-insured companies should entertf self-insurance-license number on the•appropriateline. City or-Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom , of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant Please be sure to fill in the permit/license number which will be used as a reference number. in addition,an applicant that.must submit multiple permit/iicense applications in any given year,need only submit one affidavit indicating•current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of-Ehe affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for futia-epermits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license of permit to bum leaves etc.)said person is NOT required to complete this affidavit The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth of Massachusetts Department of Industrial Accidents Office af Investi ations 600 Washington Street Boston, MA 62111 TeL#617-727-4900 ext 406 or 1-877-MASSAFE Revised 5-26-115 Fax 4 617-727-7744 www.mass.gov/dia Date. G.c1. ...... .. l l Of,NO DT/y o= �` TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION .�sy SACMUSEt 1 This certifies that . . . 17. has permission for gas installation . . T-.'` ...... . . . . . . . . . . . . . in the buildings of . . ?C. j.! ti . . . . . . . . . . . . at `?' 4. . . .?. North Andover, Mass. Fee.. . Lic. No..57 5 !. . . . . . . GAS INSPECTOR Check# i 6794 1 MASSACHUSEM UNWORMAPPLICATONFOR PER rr TO DO (Type or print) ')N\r A� G/ASF j'ING NORTH ANDOVER, MASSACHUSETTS Date Building Lo .gations Permit# cj .�� Owner's Name l��l � Amount$ sJ New RenovationEl Replacement ' , 1 LQk Plans Submitted ❑ � w 22 W Q a z z F c� a z d w u m m S C C Q O o -j z W -� p. W SU B -BASEM ENT �. c C7 , V > G G BASEM Ea NT 1ST. FLOOR 2ND . FLOOR 3RD . FLOOR 4TH . FLOOR 5TH . FLOOR 6TH . FLOOR 7TH . FLOOR. w BTH . FLOOR (Print type) �� Narneor Check one: Certificate Installing Company Addresses d•. �� 0 Cotp Partner. Business a ep one ---------- n Firm/Co. Name of Licensed Plumber or Gas Fitter Ra-- INSURANCE COVERAGE 1 have a current liability Insurance,policy or it's substantial equivalent. Check one: If you have checYes ked ves,please i dicate the type coverage by checking the appropriate box No� Liability insurance policy/ !!!�� Other type of indemnityj33 u Bond Owner's Insurance Waiver l.am aware that the licensee doesn_ o�ve the Insurance covers e required b Mass. General 13 Laws,and that my signature on this permit application waives this ncereqcemerrt gY Chapter 142 of the Signature of Owner or Owner's Agent Check one: t hereby certifythat all of the detail (or entered) s and information 1 have submitted Owner 13 Agent 13 best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in above application are true and accurate to the compliance with all pertinent provisions of the Massachuse od and C er 142 of the General Laws. m By: Signature of Licens Title I b r Or G Plumber City/Town, Gas Fitter icense umber Master APPROVED(OFFICE USE ONLY) Journeyman 4. I ae L'omnonwealth of Massachusetts �j Department of Indurtriol Accidents !1 ,.l '11 Dfftce of It,les gations 600 Washington Street Bastoaz, MA 62111 ._A! r wxnKv-rnass.gov1 iia Workers' Compensation Iusuran"AR"'avlt. guiiiders/Contractors/Eiectricia.ns/piu A Iicanf Information tubers PfeBse J Naim (Business/Organization/individual): Print LeaibfF Address: Clty/StRte/Zip: Phone#: Are you an empioyer?Check the appropriate box: l.❑ I an.. a ernp}oyer with 4. ❑ I wn a Type of project �enetral contractor and I (required): employees(full and/or part-time).* have hired the sub-contractors '6. ❑ New construction ?,❑ lam a sole proprietor or partner- ship and have no employees listed nri the attached sheet $ 7. ❑ RernodeIine These Sul> a working for mein any capacity workers actors have 8. ❑ Demolition [No worker'. comp. insurance S. , comp. insurance. required.] P ❑ We are.a corporation and its 9 ❑ Building addition q ] officers have exercised.their }0:❑ Electrical repairs or additions 3.❑ I am a homeowner doing all work right of e;x� m self. "mPfian Per MGL 11. s [No.workers' camp. C. 152 ❑ Plumbing repairs or additions insuring required-] t ' ���4)� and we have no empioyees. [No.workers' 12,0'Roof repairs camp, insurance required] 13 ❑Other *Homeowners wl o subs checks box#I da tan o fill(ou L tee. c o`)bellow showing their workers' pe +..' ■ oom nation Policy information. IContractors Iha(check this box.merst arffiched an additional sheet show-9 the amen nrre outside canuujors must subrm n ncv name of the ssh-conactors and their work=' amriavit ineiciing s ch. I am as errtployer MX is providing Workers'cor�perwatforc ' comp.policy information. information uzsuranee or ,e f mployees' Below is the poficy ani'job sire Insurance Company Name: Policy#or Self-.ins. Lit:.#: Expiration Date: Job Site Address: Attach a copy of the workers' compensation poficy deciaration Q City/State/Zip: Failure to secure coverage as required tinder Section 2SA of pa,,, (showing the poiicy number and expiration date). fine up to $1,500.00 and/or one-yew imprisonment, MGL c. I S2 can lead to the imposition of criminal penalties of a of up to.5250.00 a dayagainstthe y as well as civil penalties in the form of a STOP WORK ORDER and a fine investigations of.the DIA for nsuran eatcov,.,agBe edvenf that copy of this Statement may be forwarded to the Office of I do hereby certify under the pains and penalties of perjur3,thT the in for min provided above is true and correct S}�rtature: Phone#: Date: Uncial use 0n1p. Do not write in M's area, to be.comP19E%ed by city or town ofcial City or Town: Issuing Authority(circle one): Permit/License# 1. Board of He alth 2. Building Department 3. City/Tovvn Clerk 4. Electrical inspector 5. p 6. Other fumbi'T b Inspector Contact Person: Phone#- IRIUt LllUOU Ana Instructions r Massachusetts General Laws chapter 152 requires all employers to provide workers' compensateor for their employees. Pursuant to this statute,an employee is defined.as".._,v:ry person in the service of another under arty contract ofhire, express or implied;oral or written." An employer is defined as"an individual,partnership,association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and incluCU n.g the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, associate an or other legal entity,employing employees. However the owner of s dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maint.-nance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state o r focal licensing agency shall withhold the issuance or renewal of a license or permit,to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptabie evidence of compliance witb the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states"Neither The commonwealth nor any of its political subdivisions shall enter into any contract for the perfmniance of public worllc until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority.". Applicants Please fill out the workers'compensation affidavit compl-etely,by checking the boxes that apply to yore situation and,if necessary,supply sub-cont mztor(s)name(s), address(es) and phone number(s)along with their c„-rd-ficate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or,partners,are not required to carry workers'compensation insurance. ff an LLC or LLP does have- employees, a policy is required_ Be advised that this affil-a.vit maybe submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the.affidavit. Theaffidavitshould be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you.have are} questions rer*a_rding the iaw or if you are r-..quired to obtain a workers' compensation policy;please call the Department at the nu z3mbcr:Iisfed below. Self-insured wmtanies should enter their self-insurance license number on the anaropriate line. City or Town Officials Please be sure that tile:affidavit is conmplete and printed les—gibbv. The Department has provided a space at the bottom of the affidavit foryou to fill but in the event the Office of-Investigations has to contact you regarding the applicant: Please be sure to fill in the permit/license.number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in arty given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicantshould write"all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Nhrhere a home owner or citizen is obtaining a Iicens� or permit not related to any business or commercial venture (i.e. a.dog license or permit to burn'leaves etc.)said person is NOT requited to complete this affidavit. The Office of investigations would like to-thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's ent's address,telephone and fax number. The Commonwealth of Massachusetts I3epartment Ofl industrial Accidents Office of LavestigatiEons 600 WasbLington Street Boston, MIA 02111 Tel. # 617-727-4900 enc t 406 or 1-9.7 MASSAFE Revised 5-211=05 Fay f 617-72 7-7749 wVvu-mass.govldia Date. L.`?. .... .. ONORTH f o� ° TOWN OF NORTH ANDOVER,. . • • PERMIT FOR GAS INSTALLATION . 9 �,SSACMUSEtS M This certifies that . . . ... . . . . . has permission for gas installation . . . . . . . . . . . in the buildings of . . . . . . . . . . . . . . . . . . . . . . . North Andover, Mass. Fee. .T.).,. Lic. No..5G7.e. !. . . . . . . GAS INSPECTOR Check# 679 15 s` MASSACHUSETTS UNwoRM APPUCATON FOR PERMIlT TO DO GAS RrrJ NG (Type or print) V N I(- C NORTH ANDOVER, \MASSACHUSETTS Date Building Logations )rc s- Permit# 6 Owner's Name Amount$New Renovation Replacement Plans Submitted ❑ S h U zz vi z CW O UO m N O W F �• W C U w < C7 F < Ems, Q z Q W C F F W V 0 W cAzl Cj S tx S O S L > C Q O O z W O Z SU 6 - , A S E M ENT c u a > o a o _ BASEMENT 1ST. FLOOR r 2ND . FLOOR 3RD , FLOOR 4TH . FLOOR 5TH . FLOOR 6TH . FLOOR 7TH , FLOOR. STH . FLOOR (Print or tvpe) N _ \� Q neck one: Certificate Installing Company AAes .T 0 Corp. Business iciephone ' El Partner. _ Firm/Co, Name of.Licensed Plumber'or Gas Fitter INSURANCE COVERAGE I have a current liability Insuran=policy or it's substantial equivalent Check one: If you have checked ves.pl a indicate the type coverage by checking the appropriate boxYes . No Liability insurance policy Other type of indemnity 13 Bond 13 Owner's Insurance Waiver 0I.am aware that the licensee does not h�the Insurance coverage required by Chapter 142 of the Mass. General Laws,and that my signature on this permit application waives this requirement. Signature of Owner or Owner's Agent Check one: I hereby certify that all of the details and information 1 have submitted(or entered ,n Owner 13 Agent best of my knowledge and that all plumbing work and installations e ) above application are true and accurate to the compliance with all pertinent provisions of the Massachusetts Stat performed under Permit Issued for this application will be in dr hapter 142 Of the General Laws. By: Signature of Licensed Plumb Title i r LLS Plumber City/Town•. 0 Gas Fitter iCense umber MMaster APPROVED(OFFICE USE ONLY) Journeyman ne t-ommonwealth of Hamachucel'ts loir , Department o ,K M� (4 .f j ndmiriaZAccidents. Office o .f.£rtvestiQations ' 600 Was hinaton Street r a, AIA 02111 W14�FU."Zass. ee OV/Workers' Conpeasaad%a An licant Information A�dav . guilders /Contracfors/Electridians/jO (umbers Please Print Leaibiv Name (Business/Organiz WonMdividual): Address: City/Slate/Zip: Phone#: Are yon an employer?Check the appropriate box: I.❑ I an. a employer with 4. ❑ i am a o o Type of ro'ect -m 10 (full and/or—part-time).*.* have hired the sub sub-conotractoIsr and l P c (required): ?•❑ I am aso}e proprietor or partner_ }fisted _ 6 New construction t the attached sheet. 1 7• ❑ Remodeling. ship and have no emp}oyees These scib- working for me in any capacity. cone T's have 8. ❑ Demolition workers' comp. insurance. [No workers' comp. insurance 5..❑ We are.a corporation and its 9. ❑ Building regttired] g addifion Officers have exercised.their 10: 3.❑ I an a homeowner doing all work right of eX, p p MGL 11,❑Electrical repairs or additions m self. "m tion Y [No.workers' comp, C. 152 ❑ plumbing repairs or additions insurance required.] t Z(4),and wehave no emp}syees. 12=0 Roof repairs Mfl•workers COMP, insurance required.] 13•❑Other I Tion copwnerstwlao suUm .flus aai de it also airi��;,eur e arz ctiOn bellow showing their worker'compensation po1i� iniom�ation. xContractors that ehca,this box must attached an additional sheet showing :u Even ncre outside con""Ors must submit a 11"atndavit indimung such. the name of the s•.b-c-tractors and thefr work=, t�m¢a employe•the cs provi ina wor eTs'c „— MMP Policy information. informadom o e tss ;circ Insurance for n9'employees Belot is the oft p c!Jand job site Insurance Company Name: Po}iey#or Self.ins. Lic.#: Expiration Date: Job Site Address: Attach a copy of the workers' compensation policy declaration Q City/Seip: Failure to secure coverage as required under Section 2 Abe(call g the policy number and expiration date). fine up to $1,500.00 and/or one-year imprisonment as well ofMGL c. 152 can lead to the imposition of as civil penalties in the form of a STOP W R Cnal ORDER and a fine Ienalties ofa n es to.5250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the O investigations of.the DIA for insurance coverage verification. ffice of I do hereby certify under the pains and ppna&es ofperj Si zrtature: urf'f}z¢t the Lri or f nzation provided above is true and correct Phone#: Dates: Oficial use nnlp. Do not write in this are 4 10be completed by city or town offcud City or Town: Issuing AuthoritPermit/License# y(circle one)- 1. Board of Healtb 2. Building Department 3. City/Town Clerk 4. Electrical ftzs ector 6. Other p 5. Pfumbiuo e Inspector Contact Person: Phone 4- lutut titdLIUH Mna J. nStrUCtlonS Massachusetts Genwal.Laws chapter 152 requires all employers to provide workers' compensation for their employees. . Pursuant to this statute,an employee is defined.as".._-very person in the service of another under any contract ofhire, express or implied;oral or written." An employer is defined as"an individual,partnership,association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and incluci-iTi.g the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership, associati on or other legal entity,employing employees. However the owner of a dwelling house.having not more than.three ap artments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maint.-nance,constriction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state o r local licensing agency shalt withhold the issuance or renewal of a license or permit.to operate a basiness or to construct buildings io the commonwealth for-any applicant who has not produced acceptable evidence co.T,compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states"Neither -the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public worl< until acceptable evidence of compliance with the insurance requirements ofthis chapter have been presented to the contracting authority.". Applicants Please fill out the workers'compensation affidavit MMPI-etely,by checking the boxes that apply to your situation and, if necessary;supply sub-contractor(s)name(s),address(es) and phone nuunber(s)along with their certificate(s)of insurance. Limited Liability Companies (LLC)or Limited Liability Partnerships(LLP)with no employees other than the r members or.partners,are not required to carry.workers'compensation insurance. If an LLC.or LLP does have.. employees, a policy is required_ Be advised.that this affici`avit maybe submitted to the Departrnent of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and Fate theaffidavit. Theaffidavitshouid be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you.have any questionsdirg the-lata,or ifyou are required to obtain a workers' compensation policy,please call the Depart', ant at the Ma-mmbe;r,Iisted below. Self-insured companies should enter their self-insurance hcense number on the atroropriate-line. City or Town Officials Please be sure that the affidavit.is complete and printed legibly, The Department has provided a space at the bottom of the affidavit foryou to fill out in the event the Office of-Investigatiom has to contact you regarding the appii=L Please be sure to fill in the permitliicense number which will be used as a reference number. In addition, an applicant that must submit multiple permi0icense applications in arty given year,need.only submit one affidavit indicating current policy information(if necessary) and under Job Site Address"the applicant should write"all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or Iicenses. A new affidavit must be filled out each year. V there a home owner or citi=n is obtaining a licenses or permit not related to any business or commercial venture (i.e. a.dog license or permit to burnleaves etc.)said person is NOT required to complete this affidavit. The Office of investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth of M=achusetts Dcpartment ofLzidustrial Accidents Office of Investigations 600 wasl�i p non Street Boston; MA (12111 Tel. # 617-727-4900 M=406 car 1-9777-MASSAFE Revised 5-26=05 Far,#61 7-r-7-7749 'WWW-mass.gov/dia Date.4' . . . .. ... .. Of aN0 TPI 141 _ or TOWN OF NORTH ANDOVER PERMIT FOR GAS INSTALLATION 9 SACHUS w This certifies that . . . .!? . . . . . .`.. . . . . . . . . . . . . . . . . . . . . . . . . . . has permission for gas installation . . ./- . in the buildings of . r 1!.<. . .. . . . . . . . . . . . . . . . . . . . . . . . . . at . ;�/.`t . !�.�. . .A-z!9.!&� . . . . . . . . ., North Andover, Mass. Fee. .�1... :. . Lic. No.. . . ..C. . . . . p. . . . . . . . . . . . t GASINSPECTOR Check# 67056 1✓r MASSACHIISET'IS UNEFORMAPPLICATON FOR PERM T TO DO GAS FI n NG (Type or print) �)N W_ CQ NORTH ANDOVER, MASSACHUSETTS Date I -b01 Building Logations � �t"j itj S -,PA,A Dx `r Permit# 4:r7 17 V `�o�- Owner's Name '�(�� Amount$ ��r New "4 {� — Renovation Replacement Plans Submitted ❑ W M • w. .a o a4 a CC ' C a F FO U m ~ F c o D o° z W C W � W F q F W a d W Q a F F, W C7 Q p p w w W V C S C f7 > a p z -� F W SU M ENT + C C7 U C d C BASSEEMM E ENT IST. FLOOR 2ND . FLOOR 3RD . FLOOR 4TH . FLOOR 5TH . FLOOR 6TH . FLOOR 7TH , FLOOR. STH . FLOOR (Print or type} Name � Check one: Certificate in Company Address V � I� � Corp. Partner. usmess a ep one Name of.Licensed Plumber Firm/Co. or Gas Fitter /� INSURANCE COVERAGE I have a current liability Insurance,policy or it's substantial equivalent, Check one: Yes Ifyou have checked es please indicate the type coverage by checking the appropriate box. Not Liability insurance policy Other type of indemnity Bond 13 Owner's Insurance Waiver i am aware that the licensee does not the insurance coverage required by Chapter 142 of the Mass. General Laws,and that my signature on this.permit app}kation waives this requirement Signature of Owner or Owner's Agent Check one; Q wner 1 hereby certify that all of the details and information I have submitted(or entered)in 0 Agent application are true and best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will compliance with all pertinent provisions of the Massachusetts State accurate to the Gas Code and Chapter 142 of the General Laws. be in By: Signature of Licensed Liumb Title Plumber r City/T°,m; Gas Fitter License umber .E® Master APPROVED(oFFICE USE ONLY) [3 Journeyman ice Gomtnorzwea&h of MaSSachusettc Departmcnf of Industrial Accidents Office 0 Iizvestigatio ns ��' 600 Was 111x1 Kington Street Sosto °L, MA 02111 W1f�N+. Workers' Coaipe>Qsatian Insurance Affidavit: ,BuildersContractors/EIectricia.ns/pI Ate Iicant Info.rlrtation / webers Name (Business/Organization/individual}: Please Print Leaibiv Address: City/State/Zip: Phone#: Are you an employer?Check the appropriate box: l.❑ [ an a employer with 4. 7 1 am a Q� Type of project(required): em Io ....s full and/or art-time).* have hired the 1 sub-c:on rtraa.ctcontractor ano I •6. p y� (� p 2.❑ lam a sole r New construction Proprietor oprietor or partner- Ilsted oti the attached sheet 1 7• Q RernodeIina ship and have no employees These sub-contractors have working for me in any capacity. workers 8. ❑ Demolition NO workers' comp. insurance 5. [] We are.' camp. insurance. a corporation and its 9. ❑ Building addition required.] ofne;rs c 3.❑ of ex have exercised.their l 0.Q Electrical repairs or additions I am a homeowner doing all work riffl myself. [No workers' comp. c 152 ern tion R per MGL i l.Q Plumbing repairs or additions insurance required.] t � � l(4),and we have no nploYees. [No workers' 12,E Roof repairs comp. insurance required] 13.Q Other *fanv applicas wli t checks box#1.must also fill out the section below showing their work t riomcuwners wlw submil.fhis affrdm4i indicating ti-le} arc Juin �,- era'compensation polis} inromration. tCantracton that check this bax.musi ` Eu Cn nira outside cuntraciurs trial aubmii a new arirdavit in_ic'Ing' n attached an additional sheet showing the „ rime of the sr: oc;tractors and theirg seen. a 1 am an employer that is providing worke�'comperaadon i workers'comp.policy info mtion. information assurance for my'employees Below is the oft + P cy and job site Insurance Company Name: Policy#or Self.ins. Lir,.#: Expiration Date: Sob Site Address: Attach a copy of the workers' compensation otic decla City/State/Zip: policy t'afion Page(showiQe the oft Failure to secure coverage as required under Section 25A of Policy number and expiration date). fine up to $1,500.00 and/or one-year imprisonment MGL c. 152 can lead to the imposition of criminal penalties of a Y� pr. Be adv as well as civil penalties in the form of a STOP WORK ORDER and a fine Of up to.5250.00 a day against the violator. 13e advised that a copy of this statement may be forwarded to the 'O investigations of the DIA for insurance coverage verificazion_ ffice of I do hereby+certify under the paws and pen,ZWC.of perjury,chat the in or f malign provided above is true and correct Signature: Phone#: Dat : Officia(use only. Do not write in this area, to be completed hy, city or town official Cite or Town: Issuing Author' Permit/License rty(circle one): 1. Board of Health 2. Building Department 3. CitylTown C fi. Other jerk 4. Electrical Inspector 5 n . Plumbi g b Inspector Contact Person: Phone# luiut �ndzlun Inca .instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute;an employee is defined.as"._.every person in the service of another under any contract ofhire, express or implied,oral or written." An employer is defined as"an individual,partnership;association, corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and includiz2.g the legal representatives of a deceased employer,or the receives or trustee of an individual,partnership, associati on or other legal entity,employing employees. However the owner of a dwelling house having not more than.three ap artments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maint.-nance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be d-emmed to be an employer." MGL chapter 152, §25C(6)also states that"every state o r local licensing agency shall withhold the issuance or renewal of a license or permit,to operate a business or to construct buildings in the commonwealth for-any applicant who has not produced scceptRble evidence of compliance witb the insurance coverage required" Additionally, MGL chapter 152, §25C(7) states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements ofthis chapter have been presented to the contracting authority,-. Applicants Please fill out the workers'compensation affidavit coml?Vetely,by checking the boxes that apply to yoLr situation and,if necessary,supply sub-contractor(s)name(s),address(es) and phone number(s)along with their cerrifacate(s)of insurance. Limed Liability Companies (LLC) or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to cant' workers'compensation insurance. if an LLC or LLP does have.. employees, a policy is required Be advised that this affio�a.vit maybe submitted to the Departrnent of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the..affidavit. Theaffidavitshould be returned to the city or town that the application for the permit or license is being requested,not the Departrnent of Industrial Accidents. Should you.have•an), questions M—aOrding the law m if you are required to obtain a workers' compensation policy,please call the Departm::nt at the nrLrnba.listed below. Self arsurcd companies sl'iould enter their self-insurance license number on the armronriate line. • City or Town Officials Please be sure that the affidavit.is complete and printed leQifbly. The Department has provided a space at the bottom of the affidavit foryou to fill out in the event the Office of-Investiggrations has to contact you regarding the applicant. Please be sure to fill in the pemaitllicense number which will be used as a reference number. In addition, an applicant that must submit multiple permittiicense applications in arty given year,need.only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"thelicant should write"all locations canons m—(City or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for futur` permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a licenses or permit not related to any business or commercial venture (i.e. a.dog license or permit to burnleaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to-thank you in advance for your cooperation and should you have any questions, . please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth of 1vlassa.chusetts Department of lmdustrial Accidents Office of Lavesfigations 600 wast i ggton Street Boston; MA 02111 Tel. # 617-727-4900 C=406 or 1-9.7-lviA3S,4FE Revised 5-26=05 Fax#61 7-72.7-7749 WWW.Mass.gov/dia 37J OM�.,L.Date........ `..r�... b f �10RT11 1 ° ;• "� TOWN OF NORTH ANDOVER 3a .�.r -- .-'• oc = ' PERMIT FOR WIRING 41 SsACHusE� This certifies that ...... „;I GI t Z ......... ........................!...................................... has permission to perform ............7.n K!..:.. .... ...... .....:................ wiring in the building of............. ..................................... at...���..c� ��3 `� '� S� ,North Andove M ............... .................. . ...... Lic.No..I.Q��1�......... Fee. ,7).. �.�4 � . ELECTRICAL INS CTOR Check # 7TZC0"01 WE4L2H0FMASS4CHVS= Office Use only oo�� DLFARTVEVT0FPUBLICS4FElY Permit No. 3 )'-- BOARD OFFIREPREY=0NREGVL4TI0M527G IRIZ.-00 ' Occupancy&Fees Checked APPLICATIONFOR PERMIT TO PERFORMaECTZICAL WORK ALL WORK TO BE PERFORNM IN ACCORDANCE WITHTHE MASSACHUSSTS ELECTRICAL CODE,527 CMR I2:00 (PLEASE PRINT IN INK OR TYPE ALL.INFORMATION) Dat 3 (/ Town of North Andover To the Inspector of Wires: The undersigned applies for a permit to perform the electrical work described below. Location(Street&Number) I Oq_ ZA M, &'l,0 .-,�^r, S U lT"'F, Owner or Tenant_ (—k5f Au'j th� Owner's Address S Is this permit in conjunction with a building permit: Yes No (Check Appropriate Box) Purpose of Building Utility Authorization No. Existing Service Amps Volts Overhead M Underground a No,of Meters New Service Amps/ Volts Overhead Underground No.of Meters Number of Feeders and Ampacity Location and Nature of Proposed Electrical Work, P-t, C- t lQ v-) `4� b"I lK)1Q1 ,,No.of Lighting Outlets No.of Hot Tubs No.of Transformers Total ( KVA jNo.of Lighting Fixtures 2 ' Swimming Pool Above Below Generators KVA �J tVground El ground No.of Receptacle Outlets A ' No.of Oil Bumers No.of Emergency Lighting Battery Units No.of Switch Outlets (rj, (,p No.of Gas Burners No.of Ranges I No.of Air Cord. Total FIRE ALARMS No.of Zones Tons No.of Disposals No.of Heat Total Total No.of Detection and Pumas Tons KW Initiating Devices No.of Dishwashers Space Area Heating KW No.of Sounding Devices No.of Self Contained ' Detection/Sounding Devices No.of Dryers Heating Devices KW Local Municipala Other Connections t No.of Water Heaters KW No.of No.of Signs Bailasis No.Hydro Massage Tubs No.of Motors Total HP A OTHER R. 3 Irmrart�Co�R�tntbthettx;tmerte��Cia�lLaws Iha�eaa�er#LiabunyhstsatRcjsr'� Car�i�e Ccrilsaiecvaiet YES NO Ihames vddlzeofefsmxio -cOTce YES rL7NO Yf mba%edxckt d-i�pimsem&*thetMxcf bydrciasgtbe 2(BONDo OU-TIR o ftme-qpeffy) Etat Die Fst>nnskdVakxc#EmicalWakS ZtC)00 WaktDSlat — hpedmDw Ranh __ F>nal Sigredunder�iePeltalt�ofperjtsy, � . FIRMNAM£ !l:L(Ot.T,-r-A0)04V� . 1 C. tic=Na 3S�i Z l I,v U�►awl ,-� �� til��_-._ LiIseNo Z A Blztii:essTel.Na �-t Z —6c��—-730t 4drfetc AlTel.No. OWNQ'S?�&?,ANCEWANfR,Ianawaethattt'elmttme1rmw = a-Zsi=tal >tawsp=dbyNfmmd=evsCamaiLars aodtltatmysi�sealttlisp�t:<appbc�tiatwai�esthis ts�sna�. (Please check one) Owner Agent Telephone No. PERMIT FEE S / � r Location �- No. Date r NORTH TOWN OF NORTH ANDOVER ptt� o �1'b0 p Certificate of Occupancy $ Building/Frame Permit Fee $ ,SJACNUSE< Foundation Permit Fee $ Other Permit Fee $ Sewer Connection Fee $ Water Connection Fee $ RECEIVED pAykfffR `L $ DEC 0 3 1991 Building Inspector ' Div. Public Works Nn Anrinvpr(:nllprtnr an CARLS®N REAL ESTATE` MIN x SOS / FOO , of) . SIGN PERMIT .APPLICATION F NORTH ANDOVER BUILDING DEPARTMENT �r Division of Planning & Community Development . Date Filed: _. 1. Site Address (�� — ��3 n'lY�}Ilt� S'r �31��(,• e.� �' 2 . Owner PALS N1.tESSIAJ pt- 3. Applicant U,J (Tcb Ft)0'TWI prz ?� p5' H ; 4. Number of Signs Size of Sign(s) t F 5 . Site of Proposed Sign(s ) 6 . Materials : w0a'p L? 7 . How attached: (a) Against the wall ('7� (b) Roof (c) Ground ( ) (d) Other ( ) 8 . Illumination : (a) Not illuminated (X) (b) Internally illuminated ( ) (c) Illuminated from separate service ( ) • 9 . Proposed Colors : Background \k)t�tTG Lettering 15LITtic-- B o rd e r 10 . Will sign overhang any public road or walkway: Yes (X) No ( ) 11 . If Y s , Name of Agency who will provide liability insurance: ►� X3461 'A - s4-.zqz46: 12 . A� mends �1�-�"` t ( X ) -;Photographs of building ( ) Material sample ( ) Color samples ( ) Site or Plot Plan .(Required for all free-standing signs) ( ) *Drawings of proposed sign k ( ) Other, specify 13 . Is Boa d of Appeal decision required? Yes ( ) No------------------------ ( �) --� Signature of Ap cant Q R 2 i 0- D r � 1988 �� 1 7— ��-- BUILDING DEPARTMENT s 1 O o?fi I r" 3F vZ�1' ,..� O c g jai ant U Realty Trust 231 SUTTON STREET NORTH ANDOVER,MA 01845 TELEPHONE(508)686-8683 FAX(508)681-8498 Date: November 29 , 1991 To : Jack Lees United Footwear & Accessories 15 Union Street Lawrence , MA 01840 Re: Sign Approval - Unit C1 Messina' s Shopping Centre North Andover , MA 01845 To whom it may concern: Please be advised that United Footwear & Accessories sign has conformed to the style , make , size and coloring of the Shopping Center. Therefore , the sign is approved by this office and. can be installed after all permits from the town are obtained. Sincerely yours , SAN U RE TY RUST Anne M,. Messina, Property Manager CONSERVATiION F1NAL PLANNING �Fik-4AL SE VE i%[- _� � ��� ����AL NORTH .o . F Town of ndover 0 ' . 0711VEWAY ENTRY PERMIT - =K er, Mass 10 MEWICK oR pP SS PERMIT T 0 BOARD OF HEALTH THIS CERTIFIES THAT#0"0 .0... ..... ............................................... .. ••••• g IQ•ri.tl•.3•0?A'oo.. RoughUILDING INSPECTOR has permission to erect , buildin son .. .. ,..., •� .. .....•�?. ............./ o Chimney to be occupied as... Final provided that the person accepting this permit shall in every respect conform to the terms of the application on file in PLUMBING INSPECTOR this office,and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and Construction of Rough Buildings in the Town of North Andover. Final VIOLATION of the Zoning or Building Regulations Voids this Per PERMIT EXPIRES IN M NTHS ELECTRICAL INSPECTOR UNLESS CONST CTI S S Rough Service Final .. ... . ............... ... .. . . . ... .. . .. BUILDING INSPE OR GAS INSPECTOR Occupancy Permit Required to Occupy Building Rough Final Display in a Conspicuous Place on the Premises Do Not Remove Burner FIRE DEPT. No Lathing to Be Done Until Inspected and Approved b STREET Iv s. p Pp Smoke Det. Building Inspector CC GEMINI GEOTECHNICAL ASSOCIATES, INC. Geotechnical and Environmental Engineers and Consultants September 14; 2007pwo Town Manager Attn: Mr. Mark Rees 120 Main Street � � � �` North Andover MA 01845 �. l.«" RE: Submittal of Release Notification Form Messina Plaza 109-123 Main Street North Andover, Massachusetts RTN# 3-27047 Dear Mr. Rees: As required in 310 CMR 40.1403(3)(h), Gemini Geotechnical Associates, Inc., on behalf of San Lau Realty Trust, is providing notice to you that a Release Notification Form (RNF) was filed with the Northeast Regional Office of the MADEP; which was received on August 16, 2007. The RNF reported a concentration of. 10,000 ppb of tetrachloroethylene (PCE) that was detected in a 'groundwater sample, which exceeds the Reportable Concentration for PCE of 50 ppb. Local officials or ten or more residents of a community in which a Disposal Site is located. may request- an opportunity for Public Involvement Activities related to any Immediate Response Action or Release Abatement.Measure. Such request shall be made in writing to the person(s). conducting the response actions and copied concurrently to the Department. A copy of the Release Notification Form-has been.attached. Information regarding the responsible party is included on .the form. . If you. have any :questions, or require additional information,please don't hesitate to contact this office.- Sincerely, GEMINI GEOTECHNICAL ASSOCIATES,INC. LVLL D, Karen D. Leavitt Project Manager Senior Environmental Geologist 135 Lafayette Road•No.Hampton,NH 03862 • 603.964.3788 •Fax 603.964.3792 1050 Winter Street, Suite 100 • Waltham,MA 02451 • 781.530.3818•Fax 781.530.3605 www.geminigeo.com Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM ❑ - Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) A. RELEASE OR THREAT OF RELEASE LOCATION: 1. Release Name/Location Aid: Messina Plaza 2. street Address: 109-123 Main Street 3. City/Town: North Andover 4. ZIP Code: 01845-0000 5.UTM Coordinates: a.UTM N: 4729967 b. UTM E: 325331 B. THIS FORM IS BEING USED TO: (check one) © 1. Submit a Release Notification ❑ 2. Submit a Revised Release Notification 3. Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting ❑ documentation required pursuant to 310 CMR 40.0335 (Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): 1. Date and time of Oral Notification,if applicable: Time: ❑ AM ❑ PM mm/dd/yyyy h h:m m 2. Date and time you obtained knowledge of the Release or TOR: 06/26/2007 Time: 02:46 ❑ AM [Z PM mm/dd/yyyy h h:m m 3. Date and time release or TOR occurred,if known: Time: ❑ AM ❑ PM m m/dd/yyyy h h:m m Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) 4. 2 HOUR REPORTING CONDITIONS 5. 72 HOUR REPORTING CONDITIONS 6. 120 DAY REPORTING CONDITIONS ❑ a. Sudden Release a. Subsurface Non-Aqueous a. Release of Hazardous ❑ Phase Liquid (NAPL)Equal to Material(s)to Soil or ❑ b. Threat of Sudden Release or Greater than 1/2 Inch Groundwater Exceeding ❑ c. Oil Sheen on Surface Water ❑ b. Underground Storage Tank Reportable Concentration(s) (UST)Release b. Release of Oil to Soil ❑ d. Poses Imminent Hazard ❑ Exceeding Reportable ❑ e. Could Pose Imminent El c. Threat of UST Release Concentrations)and Affecting Hazard More than 2 Cubic Yards ❑ d. Release to Groundwater ❑ f. Release Detected in near Water Supply ❑ c. Release of Oil to Private Well Groundwater Exceeding ❑ e. Release to Groundwater Reportable Concentration(s) ❑ g. Release to Storm Drain near School or Residence d. Subsurface Non-Aqueous ❑ h. Sanitary Sewer Release ❑ f. Substantial Release Migration ❑ Phase Liquid(NAPL)Equal to (Imminent Hazard Only) or Greater than 1/8 Inch and Less than 1/2 Inch Revised:02/10/2006 Page 1 of 3 s � Massachusetts Department of Environmental Protection BWSC103 .Bureau of Waste Site Cleanup RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM F1 - Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR):(cont.) 7. List below the Oils(0)or Hazardous Materials(HM)that exceed their Reportable Concentration(RC)or Reportable Quantity (RQ)by the greatest amount. O or HM Released CAS Number, O or HM Amount or Units RCs Exceeded,if if known Concentration Applicable(RCS-1,RCS-2, RCGW-1,RCGW-2) tetrachloroethene HM 10,000 PPB RCGW-2 8. Check here if a list of additional Oil and Hazardous Materials subject to reporting is attached. D. PERSON REQUIRED TO NOTIFY: 1. Check all that apply: ❑ a.change in contact name b.change of address F] c. change in the person notifying 2. Name of Organization: San Lau Realty Trust 3. Contact First Name: Anne 4.Last Name: Messina 5. Street: 109-123 Main Street, STE E2 6.Title: Trustee 7. City/Town: North Andover 8. State: MA 9. ZIP Code: 01845-0000 10. Telephone: (978) 686-8683 11.Ext.: 12. FAX: 13. Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release, other than an owner who is submitting this Release Notification(required). E. RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: Q 1. RP or PRP [71 a. Owner [] b. Operator [:] c. Generator d. Transporter 1-1 e. Other RP or PRP Specify: 2. Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) ❑ 3. Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.5(j)) n 4. Any Other Person Otherwise Required to Notify Specify Relationship: Revised:02/10/2006 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Waste Site Cleanup BWSC103 RELEASE NOTIFICATION & NOTIFICATION Release Tracking Number RETRACTION FORM - Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1 I,Anne Messina attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form, (ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii) that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal. I/the person or entity on whose bei} f this su mitta is made am/is aware that there are significant penalties, including, but not limited to, possible fines and.f prisonmeA,fpr illfully submitting false,inaccurate,or incomplete information. 2 By:MERE d/E L�` / }Z��"—` 3. Title: Trustee Signature 4. For: San Lau Realty Trust 5. Date: (Name of person or entity recorded in Section D) mm/dd/yyyy ❑ 6. Check here if the address of the person providing certification is different from address recorded in Section D. 7. Street: 8. City/Town: 9. State: 10. ZIP Code: 11. Telephone: 12.Ext.: 13, FAX: YOU ARE SUBJECT TO AN ANNUAL COMPLIANCE ASSURANCE FEE OF UP TO$10,000 PER BILLABLE YEAR FOR THIS DISPOSAL SITE. YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE. IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Revised: 02/10/2006 Page 3 of 3 Date. . .//.0 . ... .. .. OF &OR h o� �` TOWN OF NORTH ANDOVER F F ' PERMIT FOR GAS INSTALLATION ,Sg4CHUSEt This certifies that . J.'. . I a MASSACHUSETTS UNIFORM APPLICATON FOR PERMIT TO DO GAS FITTING (Type or print) Date NORTH ANDOVER,MASSACHUSETTS Building Locations /67 1o;�7 Permit# Amount$ !fid Owner's Name jati 140 New❑ Renovation ®/ Replacement El Plans Submitted U c. W W R' 0 C7 W F Cq .F. �. a z z F w d x w a W d GC7 F Z [� W C W W 0 W Q W Q F v O z O F U 0 [ W z o z s o ° a° > o ° � o SUB -BASEM ENT BASEMENT 1ST. FLOOR 2ND . FLOOR 3RD . FLOOR 4TH . FLOOR 5TH . FLOOR 6TH . FLOOR 7TH . FLOOR 8.TH . FLOOR (Print or type) Check e: Certificate Installing Company Namea f Corp. Address Id L17017-4t,L17017-4t,,,oI'GXJ Partner. usmess a ep one p 2, E] Firm/Co. Name of Licensed Plumber or Gas Fitter , INSURANCE COVERAGE Check one: I have a current liability Insurance policy or it's substantial equivalent. Yes ® No If you have checked yes,please' 'cate the type coverage by checking the appropriate box. Liability insurance policy Other type of indemnity Bond Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Mass.General Laws,and that my signature on this permit application waives this requirement. Check one: Signature of Owner or Owner's Agent Owner E] Agent 0 1 hereby certify that all of the details and information I have submitted(or entered)in above application are true and accurate to the best of my knowledge and that all plumbing work and installations performed under Permit Issued for this application will be in compliance with all pertinent provisions of the Massachusetts State Gas Code and Chapter 42 of the-general Laws. By; Signature of Licensed Plumber Or Gas Fitter Title Plumber /-7/ City/Town Gas Fitterlcense umber EI-IM- asterAPPROVED(OFFICE USE ONLY) Journeyman r The Commonwealth of Massachusetts Department o f Industrial Accidents Office of Investigations UT 600 Washington Street Boston, MA 02111 www.mass govldia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name(Business/Organization/Individual): Address: City/State/Zip: Phone#: Are you an employer?Check the appropriate box: Type of project(required): 1.❑ I am a employer with 4. ❑ 1 am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. ❑New construction 2.❑ 1 am a sole proprietor or partner- listed on the attached sheet $ 7• ❑Remodeling ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers' comp.insurance. 9. ❑Building addition [No workers' comp. insurance 5• ❑ We are a corporation and its ` required.] officers have exercised their 10.❑Electrical repairs or additions 3.❑ I am a homeowner doing all work right of exemption per MGL 11.❑Plumbing repairs or additions myself. [No workers' comp, c. 152, §1(4),and we have no 12.❑Roof repairs insurance required] t employees. [No workers' comp.insuraneexequired.] 13.❑Other ;may applicant that checks box#1 must also fill out the section hev. ie ,sno%vmg•�"- 'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. #Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and their workers'comp.policy information. I am an employer that is providing workers'compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: City/State/Zip: Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct Si ature: Date.: Phone#: Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1. Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone# t� Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnenhip,association,corporation or other legal entity,or any two or more of the foregoing engaged in a joint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartaZents and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of coirnpliance with the insurance coverage required." Additionally,MGL chapter 152, §25CM states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary,supply sub-contractors)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability.Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,.are not required to carry workers'compensation insurance. If an LLC or LLP does have employees,a policy is required.. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should be mtur ed to the city or town that the application for the perimit or license is being requested,not the Deparimiew of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permit/license applications in any given year,need only submit one affidavit indicating current policy information(if necessary) and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to burn leaves etc.)said person is NOT required to complete this affidavit. The Office of Investigations would like to.thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address,telephone and fax number. The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations. 600 Washington Street Boston,MA 02111 Tel. # 617-727-4900 ext 406 or 1-877-MAS.SAFE Revised 5-26-05 Fax#617-727-7749 urvrv1.mass__eovfdia 3. Town of North An,dover. n-,,'rk Tum Stanip ZONING BOARD OF APPEALS e, A Albert P.Manzi M,Esq.Chairman of VtORTH -16� Jos 14 M-1 Ellen P.McIntyre,Vice-Chainnan Richard J.Byers,Esq.Clerk- Joseph D.LaGrasse ON*- David.R.Webster Associate Members ^T D Thomas D.Tppolito A Richard M.Vaillancourt Daniel S.Braese,Esq, This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed within Notice of Decision without filing of`271 (20)days after the date of filing Year 2007 Date of this notioc in the office of the Joyce Br haw Town Clerk per Mass.Gen.L.ch. Town Clark 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-W4A(Shopping Center) &2007-004B(Kiosk) North Andover,MA 01945 1 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(die "Board")held a public hearing at its regular meeting in the Town HA top floor meeting room, 120 Main SU%4 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 fin0a de=IW 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^s.f,including the construction of a 209+/-sf kiosk drive through facilities, parking unpravements,utilities,walkways,site lighting,landscape improvements,and other improvements within the General Business(GS)Zoning District(the"Project"). Based upon the Building Inspector's denial letter,dated February 14,2007(die"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 Requimments),Note#2,of the Zoning Bylaws to allow for less than a 15-foot green area abutting the rear property hue winch is generally consistent with existing conditions;(c)Section 8.1(Off-Streeit Parking)of the Zoning Bylaws to allow for reduced padang requireinents,and,(d)Section 8.4(Screening and Landscaping Requirements for Off-Street Commemal 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)Semon 7,Paragraph 73 -1 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping can 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 1600 Osgood Street,Building 20-Suite 2-36,North Andover,MassachUSCUS 01845 Phone-97M88-9541 Fax-978-688-9542 Web-w-w-w.tox-nofiiorthaiidover.coiii i i ' I Y i "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 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 filets with the Zoning Hoard 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 various supplemental memoranda and correspondence in response to requests by the Ironing Board 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. After notice of the public hearings was published in the F.a&Tribunea newspaper of general circulation in the Town of North Andover,on February 26,2007 and March 5,2007,was pasted 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 public hearings on the S�PlCenter Petition and the Kiok 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. 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 parings and on May 4 2007 the Board unanimously voted to the variances as the Shopping Center Y Y > � l� oPP $ 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 Hoard unanimously voted to gram 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 greens 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-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 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 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"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 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 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover;Massachusetts 01845 Phone-978-688-9541 Fax-978-685-9542 Web-wi&w.townofnortharxtover.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.f in size, all as shown on the"Site Plans"as defined below,and subject to the conditions describod 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"wbere 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 imrotve 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" 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 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-1980s. Also,the Project would include the installation of anew 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 proposal 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 looted in the proposed configuration in order to maintain the viability this shopping center_ Moreover,while the proposed Project will require the requested variance relief,the Project in certain circumstances results in a decrease in non-onformity 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-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 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 buffering. Due to the relatively odd shape of this lot which is bordered by three streets,it would be poor design and possibly impact safely 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 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 Osgocxi Street,Building 20-Suite 2-36,North Andover,Massachusetts 0 1845 Phone-978-688-9541 Na-978-688-9542 Web-)�ux-.toHnotitorthartdover.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 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 relief,the redevelopment of which will never be economically practicable for the masons 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 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 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 Phan Approval Decision for the Property in 1986. The parking provisions in effort at the time of the 1986 Site Plan Approval Decision provided that"Establishments located within 350 feet of 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 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. CO"MONS OF APPROVAL The Board finds that the Shopping Center Petition and the Kiosk Petition and pians 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 referred to as the "Site Plans"unless otherwise described in this Decision. Site: 109-123 Main Street avlap 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 Maim Street,North Andover MA Date &Revised Dates) Fdmiary 12,2007,Rev.March 13,2007 R.P.L.S, Stephen M.Melescitic,KP.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02180 SheetOnwin : 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 4 16(X)Qsaood Street,Building 20-Suite 2-36,North Andovc;r,Massachusetts 01845 Phone-973-699-9541 F:ix-978-089-9542 Web-wNm,tow,iiolnorthandover.com . 4 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/Drala : 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 Meet/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,Jawary 17,2007,April 28,2007 Sheet/Drawing: Ex1.1,Ex1.2,Ex2.1Al.l,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 descn3ed 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. Tricks making delivenies 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 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 Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1984),issued to San Lan 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 Lau Realty Trust,recorded with said Deeds in Book 2725,Page 74. Note: I.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 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 atter notice,an`d�a new hearing. Nor Andover Zoning Board of Appeals Ellen P.McIntyre, Vice Chairman Richard J.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-978-6138-9541 f'ax-978-688-9542 Web-N% vu.tourtofnorthandover.com i Time 10-->12 12-->2 2,>5 5-->7 7—>9 9—>11 Total for da was parked 44 59 43 31 42 6 March 12 entered 96 161 96 87 14 9 507 cars remaining 59 43 31 42 6 3 was parked March 13 entered cars remaining was parked 62 56 72 41 39 43 March 14 entered 93 117 131 92 64 17 576 cars remaining 56 72 41 39 43 13 was parked 53 76 81 64 33 28 March 15 entered 73 121 107 113 44 21 532 cars remaining 76 81 64 33 28 9 was parked 41 67 77 53 46 42 March 16 entered 88 98 128 79 51 28 513 cars remaining 67 77 53 46 42 5 was parked 57 64 48 57 49 36 March 17 entered 103 122 85 97 53 26 543 cars remaining 64 48 57 49 36 1 was parked 51 63 55 47 53 42 March 18 entered 121 142 133 69 87 33 606 cars remaining 63 55 47 53 42 7 Total for week 3,277 Time 10—> 12 12-->2 2—>5 5-->7 7-->9 9-->11 Total for da was parked 27 41 39 27 11 12 Feb.17 entered 91 126 61 76 36 13 430 cars remaining 41 39 27 11 12 4 was parked Feb.18 entered cars remaining was parked 43 67 51 31 26 29 Feb. 19 entered 83 71 74 84 31 11 397 cars remaining 67 51 31 26 29 2 was parked 31 67 91 67 51 63 Feb.20 entered 104 93 52 39 73 26 418 cars remaining 67 91 67 51 63 8 was parked 51 82 70 49 33 31 Feb.21 entered 103 113 63 73 41 21 465 cars remaining 82 70 49 33 31 1 was parked 53 83 63 53 61 36 Feb.22 entered 112 117 81 141 82 40 626 cars remaining 83 63 53 61 36 2 was parked 47 77 61 59 41 39 Feb.23 entered 108 103 123 63 76 19 539 cars remaining 77 61 59 41 39 6 Total for week 2,875 25'-0' 14'-0" II. II DNCD a * WOMENS � --Lu B A R O O O ' He ------- MENS - O LOUNGE O MENS MOP INK ------------------------------------- - - oCHANGING O O o UP Fe 111 LL N LL O H H H C ii WOMENS MEZZANINE " 146 SEATS --------------------------------------------------------------------- o O THOSTEgSVESTIBULE a CHANGING a --- cq o yll EEII= LED STORAGE a0 a o BACK OF HOUSE KITCHEN ------ 1 N I I r7r7 =7 77 I II � FIRE ii DRY STORAGE 77 42'-�" PLACE n u O I O I 13'-IF 6" 19'-6y" MEZZANINE PLAN FLOOR PLAN FLOOR PLANS 99cambridge, Ilc 125 Main Street I North Andover, MA 01845 June 15, 2011 l Town of North Andoverwn Clerk Time Stamp ZONING BOARD OF APPEALS R'F CEIV E� F � OF Albert P.Manzi III,Esq.Chairman OE NORTH'Ly `4 Ali (� Q Ellen P.McIntyre, Vice-Chairman JUN Richard J.Byers,Esq.Clerk Joseph D.LaGrasse s - T o i"! David R.Webster �a _ a'# vlop (+? (}4t L Associate Members '�• "+nn 1g Thomas D.Ippolito �Sswc�+usE1A�S AC'fi wT Richard M.Vaillancourt Daniel S.Btaese,Esq. This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be Sled within Notice of Decision without filing of an appeal.J oG (20)days after the date of Sling Year 2007 bate —� of this notice in the office of the Joyce have Town Clerk,per Mass.Gen L.ch Town Clerk s 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) &20074NMB(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 M 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 seebng dimensional variances to allow:the renovation and reconstruction of the existing retail shopping center("Messina Plaza")totaling 52,406&f,including the construction of a 209+/-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 I5 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 Cerner,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 Laing x Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for o W reduced ftoro 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(tire ¢ F o 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 Shopping Center Petition and Kiosk Petition were Sled in connection with the Petitioner's plan to renovate the vesting Messim'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 process,the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and cow 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 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 After notice of the public hearings was published in the E"k Tribune.a newspaper of general circulation in the Town ofNorth 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 Manch 13,2007 at approximately 7:30 p.m.in the second floor 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 pnblk 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 mare 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")rhes 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 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 when the Zoning Bylaw requires 258 parking spaces,along with other variances 5iom Section 8.1 such as aisle widths to enable improved chadations within the parking lot,all as mote 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-stinal parking 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 1.Byers,seconded by David R Webster,and the Board mnamimously 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 furor setback along First Street&ont yard to allow for the constriction 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 Lang Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced 5ont 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,and subject to the conditions described below. FINDINGS Having reviewed all the pLwis 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 cinvmstanoes 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((3B)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" Accordingly,based upon the information submitted as part of the public record,there are circiunstances 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 looted. In particular,the site has been used as a mWI/officelgrocery 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-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 confiigutwon in order to both maintain as much parking as possrltle,and to respond to Town planning 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 IM 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 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 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 aro 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 Plans have been redesigned to substantially increase landscaping and screening m 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 front of the lot in order to comply with casting zoning requirements. In addition,the Petitioner has demonstrated that a literal exiftwocinent 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 roquiremems 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.townofiorthandover.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 underutilized site looted on Main Strad and in the middle of the Downtown Center of the Town within the General Business Zone,and without the requested variance wheC the redevelopment of which will never be economically practicable for the reasons stated above and as fidber 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 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 m 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 msung 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 Paatlong)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 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 wasting 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. CONDITIONS OF APPROVAL The Board finds that the Shopping Centex 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 referred 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 Market, 109-123 Main Street in North Andover, MA,prepared for San Lan 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.Melescinc,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 Lan Realty 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, 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. Sheet0rawin : C-1 through C-5 Registered Professional Christian C.Huntress,R.L.A.#1178,Huntress Associates,Inc., 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 Washington Street, Salem,Massachusetts 01970-3633 Date &Revised Dates) October 21,2006,January 17,2007,April 28,2007 Sheet/Drawing: 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 residenUiaii 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 requirementsof 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 engine idling,including but not limited to Mass.Gen.L.ch.90,§16A(-Stopped motor vehicles;operation of engine;time limit;penaW)and applicable EPA regulations on track 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 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 Lae Realty Trust,recorded with said Deeds in Book 2725,Page 74. Nobe: 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 aud/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. 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 atter notice,and a new hearing. N Andover Zondgffoard of Appeals Ellen P.McIntyre, Vice Chairman Richard L Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D. Ip Polito 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.townofiiorthandover.com H u '7 NOTES: 1. TI'E 91E IS NOT LOCATED W1HN A FEMA FLOOD ATE OR W11iN 1W RAN OF N7 H M)Dj i'S FLOOD RAIN DSIRCE Mf1MIUC .'.� 2 1FE SIE IS NOT LOCATED W1HN TFE TOM CF NO;nH SCHOOL STRI ET ' ANDO+F72*TE}i4m Fes."IIOJ 01S1RCF h Q b' 3 TFE 91E IS LOOVED IN 1H=(NERAL RBNM C$" Z y ' �?!" STING gSIRCT O 4. K �~ � , ,.,, �,:�.v- FAIT Lt7f OO�E}i/KE- � W - OOIERMa-3%r i e�.so _.. 5 WED CN SS 90L WRNG 1FE LIaRlING SOLS Aft N Q v 'O .�+E GUp°B'. — '' o.�. G Cn R SOLS(}I1Cfd�1 y i vtl ►; CA { �`. y }a. v'a .1. 1'.t�i; "^SL ::2}': y4x• .. .. ._. _ ,1 � U y _. yr r} ': ; O,. ti ( . 1 � R.0 lkdls - - ..'. kr...i3t' °\. Q :r. nx`Y,W` �� •.kt ,L- .3. , , w .-•' Q 9 u iv ez x•..-.• Lo 4,. 00 I A' m _ _ R .. .-... .1�-. • .' s j {{ Eic _ s lur , . 1� o s p, §= EXISTING BUILDING LINE r V } i n ' s PROPOSED BUILDING LINE--T--",---,�—. r {` �` 'i ��< Exls¶NG PI T PROPOSED ROOF LINE ��� zr jl 14.$, h 1 ` \ s t - 13.11 , u Ij Q JL; v) a o 41 l 2 - .t, ...wa_ ,® `tom' �°� , '�S � +• �< �.C � � Q 0 1 -:'; ',, � � ;� '•' x.53.7' Z -. o � Q I i __ I9 AS� tQF 11�'1/A� 9 Pa E(ISi1NG r +� a e°1i �: ry �^, flr7F i 4 h. L I z.,..... ti v Atdr0 I I r,✓ uz� I f"r PROPOSED DRIVE THRU ROOF, © 6 1 6.6'I - `� ` }` 3.2 EXISTING • Eq,GE OF � lsWftdee, L.P. Li�t,e Pf11iE1EiJT 63 8'` .ea i ® PROPOS u ,y { 3.0 62 MONTl/ALE AVE. SUITE 1 f �N / ;` 'C STONEHAM,MA 02180 . 16 .7.. ' :. .. _ .. �r a. ;3' ''` " .. y//,,� ' s +, y? .04121 r• v.rt 1)438-9654 N (781)43 FAX: 8 7 m _ J, February 007 - Rev. March 113,220.07 1 10.2 40 20 0 40 �p � _ �° :x.- _ .�. .. .. Plans\Var..Plc s v" "A W/ca.+ 1, ' M• PR 728 01 CALE- =40- - SttET 1 OF 1 Marchlonda & Associates, L.P. Tk�' ,tt` Engineering and F F '''r`' '" Planning Consultants MEMORANDUM TO: MR.GERALD BROWN NORTH ANDOVER BUILDING INSPECTOR CC: ANNE MESSINA FROM: JOHN BARROWS,MARCHIONDA&ASSOCIATE , L SUBJECT: AS-BUILT PARKING SPACE COUNT FIRST&MAIN MARKET PLACE,109-123 MAIN STREET DATE: JUNE 15,2011 As the First&Main Market Place renovation project nears completion, I offer the following update on the vehicle parking space layout. Stripping of the spaces locate in the front of the building has been completed.A total of 154 spaces have been provided. Nine of these spaces have been designated as handicap accessible spaces.The locations of the accessible spaces match the locations shown on the approved site plans.The number of spaces in the front of the building has been reduced by 4 spaces in order to increase the width of the access aisle parallel to Main Street and to improve maneuverability at the main entrance to the parking area. The stripping of the spaces in the rear of the building has not been completed.The approved parking layout in this area proposed 14 spaces. Due to the reduction in the size of the building footprint that has been constructed,an additional 4 spaces can be provided in the rear of the building. Based on as-built measurements of the building,the floor area of the completed building has been by reduced by 2,623 s.f.from the approved building plans. In summary,the approved number of parking spaces (172)will be provided on the property for a building which has been reduced in size. 1 Marchi®nda & Associates, L.P. r t ia.-,. t°afi is'' :"`gs.J'R Engineering and `"""''` '" Planning Consultants MEMORANDUM TO: MR.GERALD BROWN NORTH ANDOVER BUILDING INSPECTOR CC: ANNE MESSINA FROM: JOHN BARROWS,MARCHIONDA&ASSOCIATE , . . SUBJECT: AS-BUILT PARKING SPACE COUNT FIRST&MAIN MARKET PLACE,109-123 MAIN STREET DATE: JUNE 15,2011 As the First& Main Market Place renovation project nears completion, I offer the following update on the vehicle parking space layout. Stripping of the spaces locate in the front of the building has been completed.A total of 154 spaces have been provided. Nine of these spaces have been designated as handicap accessible spaces.The locations of the accessible spaces match the locations shown on the approved site plans.The number of spaces in the front of the building has been reduced by 4 spaces in order to increase the width of the access aisle parallel to Main Street and to improve maneuverability at the main entrance to the parking area. The stripping of the spaces in the rear of the building has not been completed.The approved parking layout in this area proposed 14 spaces. Due to the reduction in the size of the building footprint that has been constructed, an additional 4 spaces can be provided in the rear of the building. Based on as-built measurements of the building,the floor area of the completed building has been by reduced by 2,623 s.f.from the approved building plans. In summary,the approved number of parking spaces (172)will be provided on the property for a building which has been reduced in size. 1 ��6 �� �"bw�""_'��' 6' /1�- - - ���- ao �r i j. I a i 37 r f I i f I I i i i 6 i" iCP'y LYS► O�i.at a� 13sr APPttgtift p it u s Ilea due Decision due s,„ Ni I��i I A ISI i i i i i 1 I Zvi -) r Incomplete NAZBAApplication Form 7 Date: �� ��➢ `l ;Missingc� - uric: U � i J I t/ I 1 rf f NORTH f Town of North Andove! =ry A Office of the Planning Depaitmentr Community Development and Serf"T)J�is&8g: Q5 Too JSACHU1600 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 17,2007 Date of Hearing: 3/6/07,4/3/079 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: North Andover nning 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 ,iterianspecialPermit May 1,2007 r 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 shopping centerreferred to as"Messina " ( a Plaza totaling 52 198 s.f, 20 g 8 s.f.Kiosk,accessory drive-through facilities,parking,in8,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. (3.34.8 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, oce and professional ln' ry, p essional office space. The project as proposed will not substantial) increase th e Y e 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 borhood as a P� sufficient buffer has been provided. All plantings and screening depicted on theapprove d plans referenced here m, 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 map28,Parcel48 Site Plan Special Permit May 1,2007 i 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 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 -nine(29)Eastern Red Cedar(ranging from 5—6 feet in height. caliper)and twenty 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 pending before graph 8 below for which the Applicant has of Appeals.Notwithstanding the variance petition, the Planning Board has determined ed thatt the e Zoning Boars toplan 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 iraap,.o,raCIM90 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. 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 Map73,Parcel48 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 PlanninBoard g 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 acilities shown on the plan shall be submitted to the which support the design of the control f 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 Site Plan Special Permit May 1,2007 T 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 Ivnapc89rarcel48 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 ll 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 en gineer signs,landscaping,lighting and site layout substantially comply fwith the the plans stating ced attheof 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 ligh residential properties. t onto adjacent 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 durinthe site plan review process, were presented for the purpose of demonstratingsi gne materials Any signage plans must conform to Section 6, Signage and Outdoor Lighting Reggo ations of the e 7 I I SitePlanSpecialPermit 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 MAP609rarcel45 Site Plan Special Permit t May 1,2007 { 18) The provisions of this conditional approval shall apply to and be binding upon thea li employees and all successors and assigns in interest or control. PP cant, its 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 pennit 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 iVanp1.0,r4fCCAyo Site Plan Special Permit May 1,2007 r 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,Exl.l,Exl.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 ns .� o � Fri p C3 Gl 10 i t g0RTo, ° ,�`'° •''" Town of North Andover �- �r ��+ ` ••o f the '-CEIVED Office o Planning Departmenu'S �,SIC'' Community Development and Services 1600 Osgood Street WON AMID: 05 North Andover,Massachusetts 01845 ;0 t %I NORTH /tl:DT NOTICE OF I K'SlPY8 2 P:u 3 .'�4 4839 28 ASS W.136-21-2131-37 a ID3 % 41� Any appeal shall be filed within (20)days after the date of filing this notice in the office of the Town Clerk. �V Date: May 175 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: x at North Andover Ffinning 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 ATTEST: This Is to 0a*that twenty(20)days A True Copy have elapsed.front date of decision,tiled without Kling of an a 6' SQ A A_- oats �i JoA.BAW Town Clerk yw rslldrrti Town Clerk 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 Pernut/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 fled with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information ection and 10.31 of the North Andover Zoning Bylaws. During the review process,required Appunder licant and 8.a 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 Section 8.3 and I rung Bylaws 0.3,as well as Y 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 1V9-1Z3 Main Street—San Lan 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 Iarge 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 Iarge 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( gng from 5— ran ' 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 Rather 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 . . g e 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 PIan 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 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 st 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.1,Exl.2,Ex2.1,Al.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. 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 Plan Special Permit May 1,2007 shall be chosen in consultation with the PIanning 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; D 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 an 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 49 Site Plan Special Permit May 1,2007 5) PRIOR TO THE START OF CONSTRUCTION.- a) ONSTRUCTION: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 discuss scheduling of inspections, the construction schedule, and the process/method of f trming 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 IU9-173 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,constriction material,etc.)must be shown on a plan and reviewed and approved by the Town PIanner. 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 Iighting 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 tuy-tl3 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 l 1 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 cement 2,000 square foot restaurant footprint will be allowed as long as this decision is in force and effect th11 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 9 199-123 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, 1117/07,4/9/07,and 4/12/07. Sheets: C-i through C-5,Irl through L-3,Exl.l,Exl.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 Q o Acs �► -:� ^t� 0 _n� Gan 'z 10 r10 R T►l O E- 70 OQ cocHiK.I K" 1' AO4ATEO 0P`y,(y 9SSAC HUS�� PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 Ann Messina San Lau Realty Trust 109 Main St. North Andover, MA 01845 April 15, 2010 Dear Ms. Messina: During the site visit that took place on Friday April 9, 2010, I observed and discussed with you the site improvements that were made on First St., according the Site Plan Review approved by the Planning Board on May 1, 2007 and the Insubstantial Change that was approved by the Planning Board on March 19, 2009. During the course of the site visit, I observed the fact that the post and rail fence as depicted on the original site plan would not fit the space originally depicted on the Site Plan, due to the sidewalk improvements, landscaping and the placement of underground utilities. I agree that the split rail fence does not need to be installed, as per the original Site Plan, as all other improvements have been made to the site along First St. and have resulted in a project that is in the best interests of the town. If you have any other questions, please let me know. Sincerely, Udy Tymon,AICP Town Planner cc: Building Inspector y iQMOOLE7Rl�f THIS PLAN DOES NOT REFLECT ALL S S_ [ UNDERGROUND UTILITIES THAT MAY bQST ..�-""" •I i +� a .� ON THE SUBJECT AND ABUTTING PROPERTIES. # ' ••h•i's.nrrn.r, �� `—"'1� -;Z—I / •'+ '�I M DIG SAFE SHALL BE NOTIFIED PRIOR TO ANY ���.ac�y-+•••� �.,... •s .1- J'1- .'-.- ..er - - 3 _ s EXCAVATION.DEMOLITION.OR CONSTRUCTION. BENCHMARKS Ck�l tt^ O r PK NAIL SET UTILITY OLE 0523 FIRST STREET ELEVATION�Bb.BS'N ANDOVER SEWER DATUM. "`.,•,"'fd „""�"', ."..•• ,..•,'.`• ...,��, - «,�. PK NAIL SET UTILITY POLE/403 MAIN STEEP c� 1µ ♦ �J ELEVATION-88.08'N.ANDOVER SEWER DATUM. EWS%g Retax&OMa SIM, - .::t Two Story cv.w Proposed R4tal Spoes .f F.F.-88.75 Singh Story J ,.�}F'n•�.' inn �,}3nu�tu[ rT �_ .i F.F.-88.75 •\ '''-��� �.- w I .•.. ,,,,. ...a.•:,: . : .... C.N LO11{ F 111 1` 1 - ProposedR4taR Spm* N s u. o i SW46 Story I 1 I uc - F.F..88.75 1 I, 71.9'' E Il ��• / \ b W\ y.` •'"'4,t 53.1' " •�� ^' W• Q _ �• m •� I I _ � w • ! Proposed R•tad Phormooy t I j+y Z w "0` 1 SIngN Story 1 I H F.F..87.75 j tl I Ij� '� / r In d — J z p JT� 1 m.. �`� I N Q . 0 a o 1 80.4 z S OC M a C c, t • \ x, a• ( 0 g l m 638 .I N o0 nC4 z It(I ISUI S fIi7ATd1REkT l r/r'�r4 �,.�-'` - 5i1 ` �� S �' \ w W W M W cLEVOANDISTIRMW MarchI o da /7���O�ib777�t75777n1JJ/�pJ /i/7/J Y >W q••S.Y^ & Associates, L.P. t Plnnnlxtd1 �oneulteate 62 Montvale Avenue Suite I Stoneham MA 02180 TEL781 438-6121 FAX: (781) 438-9654 Email: engineering®marchiohdo.com Website: www.morchiondo.00m DATE: APRIL 10.2007 1kVLVx-QL flNw/Mte.4$0�=RM M. k A.NO.728-01 1 SCALE: 1'-30' SHEET . 1 r PLANTING NOTES I. PRIOR TO THE START OF ANY EXCAVATION FOR THE PROJECT BOTH - ON AND OF THE SITE,THE CONTRACTOR SHALL NOTIFY 0165AFE AND fib) PC(2) N(B) BE PROVIDED WITH A DI&5AFE NUMBER INDICATIN&THAT ALL EX15TINO (21 PO(2) - UTILITIES HAVE BEEN LOCATED Al.MARKED. •IV(2q) PC,(2) / 2. CONTRACTOR SHALL SE61N MAINTENANCE IMMEDIATELY AFTER ♦ Inc.G) � - ., PLANTINb AND WILL CONTINUE UNTIL FINAL ACCEPTANCE. Huntress Associates,I _ 3. CONTRACTOR SHALL VERIFY ALL TREE REMOVALS WITH LANDSCAPE LandscapeArchitecture&Land Plannin ARCHITECT PRIOR TO CONSTRUCTION START. g ~ "A' 4. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM ALL SUILDIN6 FOUNDATIONS,STRUCTURES,AND PLANTING BEDS. 17 Tewksbury.Street Andover,Massachusetts 01810 VERTICAL 6RANI7E OURS(TYP) _ S. MAXIMUM SLOPE WITHIN DISTURBED AREAS SHALL NOT EXCEED 3:1, UNLESS OTHERWISE NOTED. 918 470 8882 FAX 978 470$89e 6. THE LANDSCAPE CONTRACTOR SHALL SUPPLY ALL PLANT MATERIALS IN QUANTITIES SUFFICIENT TO COMPLETE ALL PLANTINGS SHOWN ON THIS DRAWIN6. VERTICAL GRANITE OIRB ITYP) HC CURB CUT,A'(")e T, ALL MATERIALS SHALL CONFORM TO THE GUIDELINES E57ABL15HED BY LZ I THE AMERICAN ASSOCIATION OF NURSERYMEN. • , - I OO b. LPLANTS OR6INAL&RAVES BEFORE DI 61N6EAR THE SAME RELATIONSHIP TO FINISH&RADE 1`., ASTO TCN I NL CURS ClIT A )a INC,",,C�wY�� ) 76 9. ALL PLANTS TO BE BALLED IN BURLAP OR CONTAINERIZED. •3 LZ q REFER TO WALL DRAMS$ 10. MULCH FOR PLANTED AREAS TO BE A6ED PINE BARK:PARTIALLY IG,(6) - REFER TO CIVIL DRAY1N69 Aye(Typ) LB �(I7) DECOMPOSED,DARK BROWN IN COLOR AND FREE OF WOOD CHIPS eTRASH RECEPTACLE MYP) JC(4) THICKER THAN 1/4 INCH.3"DEPTH THROUGHOUT ALL PLANT BEDS. L5 I It. PLANTING SOIL MIX:LOAM THOROUGHLY INCORPORATED WR ITH OTTED L9eb _ PC(U MANURE PROPORTIONED 9 G.Y.TO G.Y.OR EQUIVALENT. PEAT M055 THREE V ORNAMENTAL 5ENCHE6 �- TG(I) WITH FERTILIZER ADDED PER MANUFACTURERS RECOMMENDED RATES. . THE LAN0APE E ALL PLANT L2 1!TRASH ®•�(q) I 12 MATERIAALS FOR ONE(1)FULL YEAR FROM AD TE OP ACCEPTANCE. (4 PJM(bl CTR SHALL _ POST 1 RAIL FENCE T(YP) RECEPTACLE(1YP) I I I � I I I I I� � �. L2 ORNAMENTAL LIGHTING(TTP) TICAL 6RAHTE OURS(TYPJ LB (4) HC AAIB IWT'A'(TYPI L2 13. ALL PLANT MA TERI ALS ARE TM EJECTNURSO THE AND AP TRO EAL O THE LANDSLOAM 1 SOD 2'STRIP (4) 14. LANDSCAPE ARCHITECT TO FLAG ALL TREES TO BE TRANSPLANTED Bin VCAL GRANITE CURB(TYF) — PRIOR TO CONSTRUCTION START. 1600) FIC ) IBALL AREAS OF THE SITE WHICH HAVE BEEN DISTURBED AND NOT OTHERWISE DEVELOPED SHALL BE LOAMED AND SEEDED WITH A XC CURB G?,'M(iTP) MNIMUM DEPTH OF b"DEPTH TOPSOIL. TC 0) _ _ _ _ e e P.M(9) f Protect: ) PAINTED LIR�' &�� Messina1 s SEE SHEET L-B FOR FENCE O 'C(4) ` z••` z ,R. R »:• VERTiCAL� IRRIGATION NOTES AND LISHTIN6 ELEVATION JC(6) FARKIN6 LOT LIOHTIN6(TYr) VERTICAL&RAMIE CURB(TYP) GRANITE HC O.BB GJT'A'(TYP) .:.�„� Tr'(1) T 6 I JQ(4) Se Shopping Center L2 2 L3 CONCRETE AALKWAY R 3 1. THE CONTRACTOR SMALL BE REOUIRED TO FURNISH AND INSTALL ALL MATERIALS ORNAMENTAL LIbHTIN6lfYP ^ �_, JC(b, � '4 PG I) I INTESRAL CONCRETE CURB(YR)eNECESSARY TO COMPLETE THE AUTOMATIC.IRRI&ATION SYSTEM FOR ALL LANDSCAPE e f L5 AREAS SHOWN ON THE PLAN. CONCRETE WALKAAY 42. FURNISH ALL LABOR,MATERIALS,SERVICES,EQUIPMENT AND APPLIANCES REOUIRED T M() INTEGRAL CONCRETE CM1.FENCE B(TYPI TO COMPLETE THE WORK OF AN AUTOMATIC IRK16ATION SYSTEM AND RELATED ITEMS. VERTICAL GRANITE CLPB(T1'F) ®T(4) I I I I I I I 12 O .E North Andover,Massachusetts I I HC CURB Wi g(7yp)e S. ALL WORK SPECIFIED SHALL BE EXECUTED IN AGGORADNGE WITH ALL 60VERNIN6 Ib(19) L2 '(�., aJPUH e9 ORDINANCES,LAWS AND REbULATIONS. 10 POST R RAIL FENCE(il'P) GIl,ZB e � JG(4) CR055YULK(7}P)a 4. SPRAY SPRINKLERS ARE TO BE USED FOR ALL LAWN AREAS. FLUSN L2 © S. ALL PLANT BEDS,SHRUBS AND TREES SHALL HAVE DRIP IRRIGATION. Drawing Tltle: R0 TC(U TG(I) Ib B) RBD 06) 1 ATM KIOSK '/ PEREMIALS(TYP) Site Improvement SEE ARCHITECTURAL PLANE 0 5N(9) TCN P.M(b)B) C •, I iy 1 �.. TC S � O ,� / PJM 001 a 000000000 . / (36) Plan W_CUED CUT V(Typ O I ,T i� POST 1 RAIL FENCE(TTP) _. r CONCRETE AALKWAY)TTYP7 VERTICAL GRANITE CURS MP) ORNAMENTAL LISHnM5(TIP) SEE SHEET L-S FOR FENCE AND LI6HTIN6 ELEVATION POST 4 RAIL FENCE OYPI PLANT LIST NOTE:CONTRACTOR MAP USE PASTIL &V TREE YING CHAIN IF APPROVED 01'LA SYMBOL BOTANICAL NAME I COMMON NAME I QTY SIZE &CHAN`B.(SEE 55.01V a REINFORCED NEA RUBBER DECIDUOUS TREE5 HOSE,BLACK,1/2”I.D„7YP. NOTE:SHRUB SHALL BEAR SAME RELATIONSHIP TO FINISHED GRADE AS IT BORE TO NURSERY TG TILIA CORDATA LITTLE LEAF LINDEN 9 12 I/2^-3"GAL, Yy OMBLE STRAND OR FIELD&RADE PG PYRUS GALLERYANA'ARISTOCRAT' GALLERY PEAR 6 121/V-5"GAL. 12 6A.WIRE TWISTED RoarSALI TREE PIT t•LAII RBVWOn Date ORNAMENTAL TREES Y' NOTE:TREE SHALL BEAR SAME RELATIONSHIP AG AMELANCHIER CARADEN515-MULTISTEM SHADBLOW SERVICEBERRY 3 8-I0'HT. TO FINISHED GRADE AS IT BORE TO NrtsERY + B'BARK MACH IN SAUCER REV.PARKIN&LOT LAYOUT 3.1.01 BN BETULA NIGRA'HERITAGE' HERITAGE RIVER BIRCH(CLUMP) 5 10-12'HT. OR FIELD 6RADE �". PLANT SAUCER,4'CONTINUOUS SECURE TREE WRAPPIN6 ABOVE FIRST BRANCH NO SAUCER WHERE SHRUBS OCCUR IN BEDS FIRST ST.PLANTING, 4.9.01 JV JJNIPEROUS VIR6INIANA EASTERN RED CEDAR 32 5-8'HT, PROVIDE It&POSE C-CHANNEL FOR STAKIN6; FINISH SPADE . B PER TREE.DRILL TO ACCEPT 6Vr WIRE. PRIME AND PAINT BLACK "�� • SHRUBS =CUT AND REMOVE BURLAP FROM TOP 13 OF ROO78ALL I' -I = ,TRAP MW INTH TREE KW FLANTIN6 SOIL MIX:BACKFILL IN LOOSE LIFTS OF PJM PJM RHODODENDRON PJM RHODODENDRON 12 2-2 I/2"HT. �T '' 6^-e'DEPTH.SETTLE MTH THORCU6H WATER SOAKING JG JUNIPEROJS GHINEN5IS"SARISENVI" SARGENT JUNIPER 151 15-I8"SP. • s'BARK rHacH IN sPUceR I'I'I I Ti 'I'�• PLANT SALLER,4'GaNnWd'5 AIIN .�IIl. - MOUND OF SOIL IN CENTER OF PLANT PIT TO SUPPORT RBD RHODODENDRON'BOULE DE NEIGE' 'BO1LE DE NIE6E'RHODODENDRON 18 2-2 I/2'HT. FINISH GRADE BALL AT RECUIRED ELEVATION Scale: 36- Drawing No. IG ILEX GLABRA'DENSA' INKBERRY 99 I8-24"HT. = ��F�=1 S == I- CUT R REMOVE BURLAP FROM TOP I&OF ROOTBALL •�µ` �. (.µ1 PLANTING 901E MIX:BACKFILL IN LOOSE LIFTS OF Date, b'-b'DEPTH.SETTLE rent THORa.KH WATERN6 Job: 00-0-7 _ --r 'T' l = IT PERENNIALS 12" MOM OF SOIL IN CENTER OF PLANT PIT TO SUPPORT FI Ie: �R-'•'P BALL AT REQUIRED ELEVATION RF FZUDSECKIA FUL610A BLACK EYED SUSAN 300 R2 POT MIN.DECIDUOUS TREE PLANTING AND STAKING TYPICAL SHRUB PLANTING Drown, rt-+ OP h DL HEMOROCALIS'ICE CARNIVAL' DATULY 300 p2 POT -- Q , SCALE:KT.S G SCALE N.T,S Checked: v r s„ (01998HmUmple,Inc. ®1998Hmtloopis,Inc. Juniperus virginiana Jumper virginiana Juniperus virginiana Species RedcWar,Eastern Redcedar,Burk Eastern Cupressaceae Cedar,Silver Redcedar,Silver Eastern Cypress Juniper Height 25'to 50'/7.60m to 15.20m Spread 15'to 25'/4.60m to 7.60m Summer Leaf Green Exposure Partial shade to full sun Fall Leaf No change in color Moisture Grows in dry to moist soil Bloom Color Green,Yellow Soil&Climate Soil Condition: Acidic,Alkaline, Clay,Loamy,Neutral,Sandy,Well drained, Fruit Color Blue,Purple Acidic,Alkaline;High salt tolerance;Drought Growth rate Fast growth rate tolerant Attributes and Features North American native -Trunk has no thorns Highly flammable -Trunk is showy -Seashore -Single trunk -Specimen Hardiness Range g -Inconspicuous flowers or blooms 2A to 9A -Fruit is persistent -45.6 to 3.9"C -Attractive fruit HORTICOPIAO Trees,Shrubs and Groundcovers 11 ®1998 Horticopia,Inc. Juniperus virginiana Species Form Columnar,Oval,Pyramidal Plant Type Tree Native Habitat North America Pests and Diseases Pests: Bagworms,Juniper scale,Juniper webworm and mites. Diseases:Twig blight is the most serious disease. Kabatina blight can be devastating on all junipers. HORTICOPIAO Trees,Shrubs and Groundcovers 11 01998 Horticopia,Inc. 4 r v.yi v`.• ��,F.` ax,ly.l�� h.?. �` a fd �©1998HoAicopia,Inc. Pyrus ca//eryana'Bradford' ©1998Hrnlmpia,inc. Pyrus calleryana'Bradford' W r.. ®1998Flrnicopia,Inc. Pyrus ca//eryana'Bradford' ©1998Hrni-pia,i— Pyrus calleryana'Bradford' Pyrus calleryana 'Bradford' Rosaceae Pear,Callery Rose Height 40'to 45'/12.20m to 13.80m Spread 35'to 40'/10.60m to 12.20m Summer Leaf Green Exposure Full sun Fall Leaf Orange,Purple,Red,Yellow,Attrac Moisture Grows in moist soil Bloom Color White Soil$Climate Soil Condition: Acidic,Alkaline, Bloom Time Spring Clay,Loamy,Neutral,Sandy,Well drained, Fruit Color Brown,Tan Acidic,Alkaline;Medium sett tolerance;Drought Growth rate Fast growth rate tolerant,Tolerates wetness Attributes and Features Not North American native Trunk has no thorns -Low flammability Thin bark Attractive flowers or blooms Inconspicuous fruit Hardiness Range Fruit is persistent 5A to 9A Multiple trunks -28.9 to-3.9"C Trunk is not showy HORTiCOPIAO Trees,Shrubs and Groundcovers 11 01998 Horticopia,Inc. HUNTRESS ASSOCIATES Landscape Architecture & Land Planning 17 Tewksbury Street, Andover Massachusetts 0 18 10 Phone: 978.470.8882 -TransmKta� To: North Andover Zoning Board of Appeals Phone: 978.688.9535 From: Chris Huntress Date: April 3,2007 Re: Messina's Shopping Center Pages: See below Cc: ❑Urgent a For review ❑ Please comment ❑ Please reply ❑ Please recycle Enclosed you will find four sets of revised plans for Messina's Shopping Center on Main street,North Andover.We plan to present the revised drawings and address the outstanding issues regarding the requested variances with the Board of Appeals on April 10`', 2007. As always,please feel free to call with any questions or concerns. Chris Huntress i I I I / 4 l I � A Dermot J. Kelly Associates,Inc. DJK Traffic Engineering/Transportation Planning 280 Main Street, Suite 204 North Reading, MA 01864-1300 Office: 978-664-2205 Fax: 978-664-2444 REF: 733 March 21, 2007 Mr. John T. Smolak Smolak&Vaughan LLP 820 Turnpike Street North Andover, MA 01845 RE: Messina's Shopping Center Dear Jahn: Per your request DJK Associates, Inc. has evaluated the available sight distance with respect to the proposed ATM Kiosk at the corner of First and Main Streets in the Messina Shopping Center. Specifically, you have requested that we determine if the proposed construction of the ATM Kiosk would adversely impact the available sight distance for drivers exiting First Street onto Main Street. The Kiosk is located approximate 12 feet from the Main Street curb line with an approximate 7 foot wide sidewalk parallel to Main Street located in this area. Drivers exiting First Street typically align the front of their vehicles near the outer edge of the parking lane. Most drivers' eyes are located within 8 feet of the front bumper which means the line of sight occurs through the on street parking lane. If the on street parking lane inhibits sight distance then drivers have the option of either using the 12 foot area between the curb line and the kiosk or using the first 6 to 7 feet of extra pavement between the actual travel lane and the parking lane. In either case the proposed Kiosk does not inhibit sight distance at the corner of First and Main Streets. We also noted that the existing freestanding sign structure located at the corner of Main and First Streets is located closer to Main Street than the proposed Kiosk structure. Although both the Kiosk and the existing freestanding sign do not inhibit sight distance, please note that the proposed Kiosk would be set 3 to 4 feet further back from Main Street than the existing freestanding sign. Please do not hesitate to contact me if you have any questions, comments and/or if you require any additional information. Sincerely, DJK ASSOCIATES, INC. v Dermot J. Kelly, PE, PTOE / President cc: File D 733-19molak.doc APR 4 - 2007 .0 BOARD OF APPEALS 1 EOCE PAYE ; SCHOOL STREET Cs F o-an cu.e R5-1 - - _-S ..'�►►� EDCE PAS R6-1 L FElAININC WA L AL SP-1 r w�-zw aezw I EXIS16lDC adzW A' R5-1, 'y R6-1L A.C.-t. c°.uel<< kc unm Existing Retail & Office Space Two Story SIGN LEGEND M.U.T.C.D. SYMBOL (9.348 sf - First Floor;) NUIBER WIDTH HEIGHT 1w R6-11- (7,522 6-1L(7,522 sf - Second Floor) 4�4 ""AN., SP-1 a• R1-1 30 30 -7. CW "' ^ • R5-1 30" 30" r 0o o +. (DOUBLE 30" 12" I '� SIDED) 1� NOI SP-1 24" 24" PARKIN Z3 R m E R6 1L f SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES I T„ L EDITION 2003 AND MASSACHUSETTS HIGHWAY L/1DEPARTMENT STANDARDS FOR LATEST SPECIFICATION O ® A q ON TEXT, DIMENSIONS, COLOR AND NOMENCLATURE. t., E O �y R1-1 0 0 DYCL '•,� ° R6-1L F v �• E ® L 1 A N E LEGEND •^•+ + PROPOSED OR REPLACED SIGN AND POST •t•.'• DYCL DOUBLE YELLOR CENTER UNE-2-4"LINES •. 1 -`c'oa as SELL SOLID 11RITE LANE LINE-4" IP O SL STOP LINE.12'1lRFfE LINE 4'HEILRJD CII TYP R6-1L 0 0 + R1-1 SL r' r R1-1 sL CONCEPTUAL ACCESS AND FIRE LANE CIRCULATION PLAN LOCA ON: MESSINA'S SHOPPING CENTER MAIN STREET, NORTH ANDOVER, MA. PROPONENT: °`"ro - MESSINA'S SHOPPING CENTER NORTH ANDOVER MASSACHUSETTS pl-U-iS D<r L!.E<W AgoclAt<,,Ina. ��MONW. .SL.arm,/S". Pt"0 RI /13 Oftla 8 eai Q OEC P—R9719-04-2444 8E4 FIRST STREET GRAPHIC SCALE o la 2< b Ey:GNED DJK NoF 733 SOURCE: BASE PLAN INFORMATION OBTAINED FROM HUNTRESS FILE 733CAD3 Dare: 03/08/07 ASSOCIATES;INC. ELECTRONIC FILE "SITEPLAN.DWG" NO: I IN FEET> RECIEVED ON MARCH O8, 2007. 1 Inch-20 N. REV.--O. REVISIONS DATE SCALE: 1" 20' SHEET 1 OF 1 oral 0 tem er a..",al.,......s a DJK Dermot J. Kelly Associates,Inc. D Traffic Engineering/Transportation Planning 280 Main Street, Suite 204 North Reading, MA 01864-1300 Office: 978-664-2205 Fax: 978-664-2444 REF: 733 March 21, 2007 Mr. John T. Smolak Smolak&Vaughan LLP 820 Turnpike Street , North Andover, MA 01845, RE. Messina's Shopping Center Dear John: Per your request DJK Associates, Inc. has evaluated the available sight distance with respect to the proposed ATM Kiosk at the corner of First and Main Streets in the Messina Shopping Center. Specifically, you have requested that we determine if the proposed construction of the ATM Kiosk would adversely impact the available sight distance for drivers exiting First Street onto Main Street. The Kiosk is located approximate 12 feet from the Main Street curb line with an approximate 7 foot wide sidewalk parallel to Main Street located inathis area. Drivers exiting First Street typically align the front of their vehicles near the outer edge of the parking lane. Most drivers' eyes are located within 8 feet of the front bumper which means the line of sight occurs through the on street parking lane. If the on street . parking lane inhibits sight distance then drivers have the option of either using the 12 foot area between the curb line and the kiosk or using the first 6 to 7 feet of extra pavement between the actual travel lane and the parking lane. In either case the proposed Kiosk does not inhibit sight distance at the corner of First and Main Streets. We also noted that the existing freestanding sign structure located at the corner of Main and First Streets is located closer to Main St?eet than the proposed Kiosk structure. Although both the Kiosk and the existing freestanding sign do not inhibit sight distance, please note that the proposed Kiosk would be set 3 to 4 feet further back from Main Street than the existing freestanding sign. Please do not hesitate to contact me if you have any questions, comments and/or if you require any additional information. Sincerely, DJK ASSOCIATES, INC. r � i �aY G p / Dermot J. Kelly, PE, PTOE President cc: File (L9 APR 4733-E P70h olak.doc BOARD OF APPEALS f t EXE PAYEwcs r SCHOOL STREET f j ® R5-1 SP-1 R6-1L acrUwwc wAu JL SP-1 / I EXIST aIOG w.•xw aazw ♦ w�xw .44zw , N * R5-1, R6-1L Ac Alt. ce.wIm Ac..11. Existing Retail de Office Space riiiiiiiiiiiiriiiiiiiiiiiiirriiiririiiiiii SIGN LEGEND ;t. Two Story �ririi M.U.T.C.D. SYMBOL NUMBER WIDTH HEIGHT (9,348 of — First Floor*) y R6-1L (7,522 of — Second Floor) 44� r,., SP-1 RI-1 so" 30" m R4-7 24" 30, CW ;IT�• , I ,� -. - — •' I I R5-1 30" 90" 1 R6-IL OJ GO I �• (DOUBLE 3b" 12" n o o SIDED) O 1+� C Chi P I SP-1 24" 24" P DA R uNE v �1 E R6 1L SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES �1 L EDITION 2003 AND MASSACHUSETTS HIGHWAY a DEPARTMENT STANDARDS FOR LATEST SPECIFICATION RS ON TEXT, DIMENSIONS, COLOR AND NOMENCLATURE. 00 ►�] o ® E r.. D DYCL P + R6—iL F < •" I 0 R o N E ® \ A O E ® s. "• ' ':� LEGEND •�•j + �' PROPOSED OR REPLACRD SIGN AND POST . .I•• 4aDOUBLE YELLOW CENTER I]NE-2-•"IlNE9 ^•. SIILL I SOLID " Q •. M�. O SL STOP!.DIE, 12"1!817'6 LINE•'BIi61ND CII TYP .. ,. Is C } o R6-11- R 1 6-1LR1-1 SL } _ R1-1 SL CONCEPTUAL ACCESS AND FIRE LANE CIRCULATION PLAN 0 ocnnar MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. Map T: wA MESSINA'S SHOPPING CENTER „d I I NORTH ANDOVER MASSACHUSETTS /'7 IyI_I�-�5 De a r.C.W DJKT..m.,P.In.t.SM. N...tlaP%. P)-IP aAcc%d eE1➢¢u! PNmpILA Y9Bll14NIee4 FIRST STREET GRAPHIC SCALE DE9GNED DJK REF m o Io m a m FY: SOURCE: BASE PLAN INFORMATION OBTAINED FROM HUNTRESS FILE 733CAD3 DATE: 03/08/07 ASSOCIATES, INC. ELECTRONIC FILE "SITEPLAN.DWG" NO: (INrw) RECIEVED ON MARCH O8, 2007. REV NO REVISIONS DALE SCALE: 1" m 20' SHEET 1 OF 1 1 Inoh"1N1 N. c".rw. xor e.ax..,nrm"wwa Town of North Andover To"Clerk Tune Sm" ZONING BOARD OF APPEALS AlbertP.Manzi III,Esq.Chairman R E C LE I V E 0 Edea P.McIntyre,Vice-Chairman T r. n F Richard J.Byers,Esq.Clerk Joseph D.LAGrasse David R.Web6tet 2001 MAR 14 A' 10: 59 Associate Members Thomas D.Ippolito Richard M.Vaillancourt NI Daniel S.Bram, M-11 m,Esq. Date S. Pq- 07 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 2,06-7 SF=ial Permit Comprehensive Permit(40B) Finding for property located at: STREET: I c)q AA4 I-V) 5-h-e e MAP: All PARCEL- Lfl� TOWN: Ngdb Andover, MA 01845 TO MEETING DATE(S): .41, / 7, 0-7 NAME OF PETITIONER: SGS, "u Zea Wn 'TmSt' SIGNED: Petitioner(or petitioner's representati4f IM)OWx)d Street,Building-V-Suite 2-36,Nonh Andover,Massachusetts 0I845 D 15 >'"9 9541 FIX-978-688-9542 Web-WwwAmnofoorthandoverxom MAN 13 10U! BOARD OF APPEALS Town of North Andover To"CL-,k'rmw,tmp ZONING BOARD OF APPEALS E IV ED Allxxt P.Maui III,Eq.Chairman C"i(ry n_:Fiu, Ellen P-Mdutyre,vice-Chaim= TO Richard J.Byets,Esq.Clerk Joseph D.LaGrasse 2001 HAR 14 David R.Webster Aswcim Members Thomas D.IMCAito Richard M.Vaillancourt LI-Micl S.*aesie—F.Sq. H,A Date IL4. o –7 Town of North Andover Zoning Board of Appeals 1600 Osgood Street North Andover MA 01845 Please be advised that I have agreed to waive the time constraints for the North Andover Zoning Board of Appeals to make a decision regarding the granting of a :2-061 -7 – 1—p!xeMM-Permit Comprehensive Permit(4013) Finding for property located at: STREET. I t;ii – i;PL 3 MAP: ?Lq PARCEL TOWN: North Andover. MA 01845 TO MEETING DATE(S� q. 17 . 0 -7 NAME OF PETITIONER: sari leaU Re&t6- -Trt,&7L SIGNED: 7,1 aadz" ?' Petitioner(or petitioner's represenuiti4ef 1600 Osgood Street,Building 20-Suilc 2-36,North Andover,Massachusetts 01845 D t50joni-r-9541 Fax-978-688-9342 Web-www-iownofiionhandover,com MAR 13 1UU/ BOARD OF APPEALS John T. Smolak SMOLAK & �VJ'AUGHAN ., T: 978-327-5215 1 F: 978-327-5219 ATTORNEYS AT LAW jsmolak@smolakvaughan.com smolakvaughan.com February 15,2007 By Hand Joyce Bradshaw,Town Clerk Town of North Andover Town Hall 120 Main Street North Andover,Massachusetts 01845 Albert P. Manzi,III,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 Trust 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. SITcerely, ohn T.Smolak cc: Anne M. Messina,Trustee,San Lau Realty Trust D W( ert P. Manzi,III,Esq.,Chairman,Zoning Board of Appeals FEk 1 ] /wI Jefferson Office Park,820 Turnpike Street,Suite 203,North Andover,MA 01845 BOARD OF APPEALS WWW.SMOLAKVAUGHAN.COM i Town Cleric Time Starnp Town of North Andover FECEIVED ZONING BOARD OF APPEALS TC, '.!"I C!_FP,?�' Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman Of NORTh 1� 2007 FEB 22 p 3. 22 Richard J.Byers,Esq.Clerk .<' �•.� o t Joseph D.LaGrasse O a ,. David R.Webster '- 'A T u 1 I N, f) Associate Members s A I Pl Thomas D.Ippolito +►sCo."� ;'• S S } 1SET ` Richard M.Vaillancourt '� "°•+no�''yc°� Daniel S.Braese,Esq. 'ssACMu`��4 Legal Notice North Andover,Board of Appeals . LEGAL NOTICE LEGAL NOTICE { NORTH ANDOVER, BOARD OF APPEALS Notice is hereby given that the North Andover Zoning Board of Appeals will hold a that Notice sNorth hereby � oard of public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on AppaaZonins v"IBhad a P b fichearing at the top floor. Tuesday the 13th of March, 2007 at 7:30 PM to all parties interested in the application of of Town Hall, 120 Main San Lau Real�.o ( ) (N gyp Trust Anne M. Messina, Trustee 109-123 Main Street—Kiosk/�1�UStreet, North Andover, ' `� MA on Tuesday the 13th 29 Parcel 48) North Andover requesting dimensional Variances from Section 7 of Moron;200 at 7:30 > > �1 8 � PM to all parties interest- Paragraph nterest- P a h 7.3 and Table 2 for relief of Main and First Street front setbacks and from ed in the application of "9 p ' San Lou Realty Trust , Section 8,Paragraph 8.4(Screening and Landscaping Requirements for Off-Street (Anne M. Messina, I Trustee)109-123 Main f Commercial and Industrial Districts)in order to construct a kiosk in the northeast corner Street-,aosk(Map 29, 1 Parcel 48), North i of the Messina's Shopping Center. Andover requesting dimensional Variances from Section 7, Para- Said remise affected is property with frontage on the West side of Main Street within graph 7.3 and Table 2 for Said1� P t��-•� g relief of.Main and First the GB zoning district. sand frrom Section setbacks, Para- gra 8.4 (Screening and Landscaping Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Requirements for Off- Street Commercial and Street,North Andover,MA Monday through Friday during the hours of 8:30AM to Industrial Districts) in 4:30PM. order to construct a Idosk in the northeast comer of the Messina's Shopping Center. By order of the Board of Appeals Said premise affected is property with frontage on Albert P. Manzi III, Esq., Chairman the West side of Main Street within the GB zon- ing oo-ing district. Plans are available for review at the office of the Board of Appeals office, '. 1600 Osgood Street, North Andover,MA Mon- day through Friday dur- 1 Published in the e-Tribune on Feb 26&March S 2007. ing the hours of 8:30 AM 't �� � to 4:30 PM. By order of the Board of Appeals Albert P.Manzi III,Esq. Chairman ET — 2/26/2007, 3/5/2007 Legalnotice 2007-004B. M29P48. 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 Clerk Time Stamp F1 T VARIANCEmss Sit TOWN OF NORTH ANDOVER 20907 FEB 15 FT. 12: 50 ZONING BOARD OF APPEALS T C1. NAME: San Lau Realty Trust t4, r-1 ADDRESS OF APPEAL: 109-123 Main Street 11 1 A AG 0 1 1 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 (UO 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 Fi STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER L 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 r Commissioner. to the local newspaper publication. L-1 STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: r Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf, or be L 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 E STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: Ecited 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 E 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 Ecopies of all the required information to the Town Clerk's The petitioner is responsible for recording certification of 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 EOffice, 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. WAU=U EIMPORTANT 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 ENorth 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 ED E c E � Y E PAGE I of 4 FLU 15 cuuI EBOARD OF APPEALS 1 PAGE 2OF4 \ NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANC 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. �JI 2. Owners of Land: Name, Address, telephone number, and number of years under this n 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: u a. Street: 109-123 Main Street Zoning District: General Business (GB) r` a. Assessors: Map number: 29 Lot Number: 48 b. Registry of Deeds: Book Number: 1122 Page Number: 403 r I 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 r 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. r 5. Describe the Variance request: Petitioner is requesting 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 r-I 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 v 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) rJ 1 , Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front** Side A Side B Rear J A. % X* X-Main Street X I 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." J 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. _J _J Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E u . M 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 f 1 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 n, Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear y 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. y-+ *"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 7-1 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,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 .1 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 1 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 thoni g Board of this application as incomplete. n La e t Trust r Signature: stee Type above name(s) here: Anne'M. Messina, Trustee J ,J ri PAGE 4 of 4 VARIANCE �i 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. r1 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) r; 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. n conforming use. In 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 n 3. Graphic Scales 4. Date of Plan ~' 10. PLAN OF LAND 5. Title of Plan 6. Names addresses and phone numbers of the -y 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 r_1 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 r-1 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.B. 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 plannot to exceed 11"x17", preferred scale of mailing). 1 90=401. I1) 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.. r • III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional ,J J n i TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS art v APPLICANT/OWNER: SAN LAU REALTY TRUST PROPERTY: 109-123 MAIN STREET (ASSESSORS MAP 29, LOT 48) MEMORANDUM IN SUPPORT OF PETITION FOR DIMENSIONAL VARIANCES U I. INTRODUCTION u .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 r7 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 8A n (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 `J improvements as shown on the Site Plans. II. BACKGROUND r1 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. �I J �J n III. SITE HISTORY I 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 L' 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 ti 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 `J grocery store portion of the shopping center remains vacant. r 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 r , 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, r-1 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 'J Petition. i � 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 r1 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% -1 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 1 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 w 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. i r, f n L IV. THE PROJECT Consistent with the objectives identified above, the proposed renovation project includes Ct 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: U (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; eIN (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 r 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) r the proposed pharmacy space; and, �-� (d) new second floor office space; f 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; L., 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. .J rl ri �+ V. REQUESTED VARIANCE RELIEF AND DISCUSSION A. Requested Variance Relief v 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: t"t 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 r� 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. U 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 n 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. J , 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: i 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. .1 See Section 10.4 of Zoning Bylaw; M.G. L. c. 40A, Section 10. �y J n 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 v M.G.L. c. 40A as follows: n 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 r ? 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 r1 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 y; 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 T 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 �y • r� 4 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 which would destroy the financial viability of the site as a shopping center. r a 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 r { 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 r, 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 t 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 r-7 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 T Requirements), Sections 8.1 and 8.4 of the Town of North Andover Zoning Bylaw. LJ Respectfully submitted, San Lau Realty Trust rt L, By its attorneys, ,1 Jo T. Smolak, Esq. --j S olak&Vaughan LLP _ 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 Tel. (978)327-5215 Fax (978)327-5219 I .r r� v r-� 9 EXHIBIT A DEED t � r � r� r1 Li ie`t u� � 7 t _r �-y ..•f Mort:. Andover, Essex Cuumv, bet,,, t.rrr; J. tut .onsidcratson paid,grant to the said Santo Messina and Laura Mangano, as .'rustees of SAN LAU R$ALTY TRUST, pursuant to Declaration of -'rust dated January 8, 1969, recorded in Worth District of Essex :?e,.;istr;: cf Deedc, Book 112x., Page 3Jl r to hold as TRUSrEi s in accordance F-r wl�`. aa:': Declaration of Trust, Y . ..td� quitrluitn rournunta - !br iand ut Torn. Andover, Essex County, Massachusetts, at the intersection of Main Street and First Street, bounded and described as followst �'r (tae,cnptw,r art•arsm6nsa.,f.afj w Revinninp,.•at the Northeast corner thereof at the intersection of Main ;treat and First Street; thence running in. a ,i Southwest direction by First Street, 477.5 feet to a drill hole in a stone bound; thence turning and running Sout?,easterly, by land now or formerly of the heirs of Elizabeth P an, 10.5 feet to a drill hole in a stone bound; thence continuing in tiie same direction by land now or formerly-of Robinson, 56.5 feet to a 4~r drill !:ole in a stone bound; thence turning and running Northeasterly, by land now or formerly of Robinson, 110 feet, more or less, to a point at the within described premises; thence turning and running ri Southeasterly, by land of said Robinson, 50 feet, more or less, to a point wLere the extension of the Northwest sideline .of School Street intersects said land of Robinson; thence turning and running, Northeasterly, by sand extended sideline of School Street and by ti:e j:orthwest sideline of School Street, 380 feet, more or. less, to a ri drill hole in a stone bound in Main Street; thence turning and running Northwesterly, by Main Street, 321 feet, more or less, to a drill i,ols in a stone bound at the point of beginning. TO ,ET'iER with an easement of passage, on foot and in vehicles, to ti.e grantees, 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; Northwesterly by land above described, 40 feet; �+ jlorti:easterly by School Street, 40 feet; and ` i Southeasterly by land of. 2lorth Andover Shopping Center, Inc. 40 feet. W Being the same premises conveyed to me by Anthony J. Durso at ali, �1 by deed dated October 31, 1968, recorded with North District of Essex Registry of Deeds, Book 1118, Page -137. v This. 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. 'J There is no monetary consideration for this conveyance. I husba,d-ef- �rQntrtst, roLcas� to mid-KraHtee +e�{it'Nes-�+( �rnancy-lT t#te eateesr.and rKhvet yntrm'.-thcrcin. . T .k+wrrern{-jxxTMntce� ' m^ hind and %tal this a ighth ........dav of . January. 29 6.9: 18itura>; � • -.a n J �� �tfe �rrtttuinnturalttf a1 �attt�rfl�ceetts c� Essex, u. iyr January , Ily appearc,l ttic afx,,,c .',,,ince) Santo Moss ina i H and acknowledged the forcping invniment t„ l,c his frer ,ait. deed, before tnc ! , :'.dKerdF. !:reRIz u Atr !' -nr:+„<n frar� December = Esse �, ss. ��ecorled Jan . c� (-*9at 3m gt li'.,N,. ,k14; r) �1 1 s tiJ u U � r r y� !I'�J 2 u +� EXHIBIT B VARIANCE DECISIONS AND 1986 ZONING BYLAW EXCERPT r � f ; z"i• N r� v � I L.► r � v '• r� u *� r . i % j �,IZa; ../��� •- - ASI ,leer tt►e � '�',� Vat- I ij t•.�, t..r tl1a atno,os ute Tarrn� .� u#M`� xrs AND011l� Exak. WARD OF AUM NOTILS OF ofCISION 19.,1984..... t ' �...i� t. ........... �_I :s tse�les... �''•89 ���-s• '�•� ���' � CandAa>EeL.Ju!!e•11�_199� . Hr. Daniel L 'MI' LAQ it�LTT TR057 Town Office ......ems..•. _ .. _ - Horth Andove Ftemsr+6104A109-123 Main street...............................:............. I! ! Ioe a vatia6aa newms ssglStamebrf lha.Zo!lip9.pr Amw Bear Hr. tan Ttal�ei to to chola P�� and of 7 *�'I �� Section•] Paiagirapn,7.3•:fid Tab1e.2....................................... , 1111; a Bo ]arta 11, 298 .� The hearing T':.• r I nliai £rom tha,0ide..110A.A4pi.y°td.Aa�s ��M1u Hay 24 and 3 � ._ q u to ymedl... ( mail. The E t .................. Prizelle, 8s y w=!alzuglion,4f..+1A.A�. 4A............... Nickerson. •l'� �'Q � .Alta•Pams+t h +ai V�as the shale data�Band d AppnaY�"d a••Ore0t...Ws ` - N The petition variance.. .. ....... . .....sod breb7 satho+ira the Hw7dmi ImP 6—a Paragraph 7. N ? 1I 1 J - and rear yar +`" I Pmt to-eopstruet.aa.additloa.W die.Mesalaa'.s.Market.bnildiog••••• t I=_ 123 :Iain Sti II 14, disttict., ' forthsca1ut111atiaa �p/0o,Ilataoadttiaaae- I 1 f d the shale sank.bsaad oPoa Counsel for r ' �� - to allow Sar That d foot nigh hemlocks Toe planted and maintained 1 feet on center 210 feet along elle lot line abutting land N/P of the Nort11 Andavet --- of the preml land Nlr o£ Kelly R. Realty• building the t Housing Authority and 5611 feet along arc in a G8 t r j { t 7tlsYooethYtc lambs __ T:iQ side of } I The bui -� 1lpraa.7].._ 3. �.:.•'7a7d r Zoning "=•-. '' Alfred,E:. Psisel�a..?s4•.r.�?2 Chairman ` abuts a res! `� i; `•r .G--_+. William J. Sullivan. ...... se feet £rot Augustine W.. Nickerson.-_ _ The present years. The. halter r. soule abuts the R. Authority. .,/ ��l ��c�.•i !Maurice S. Poulds. ....... II; r.i•,. /• geoda(ApPsslr the trustee. ;fbsatlet�;;•' i prove its d area. s w i I t.•1 Y f 1 I i 1 � v ( 1 V ' ti v Mn be f80d tfn " i ATH A4 be Riad 7 of 1Sth MOM a -. �C Wthin rdD}days after the :of the Toommm +? j02J n u 1Ly'81 _ .;-�= date of ting of thin Nottsm k the ofrbe of the Town Ckk . TOWN Or NORTH ANDOVOt C swSACHU Tn BOARD OF APPEALS June 19, 1964 198 Mr. Daniel Long, Town Clerk San Lau Realty Trust } Town offiee Building 109-123 gain Street north Andover, Mass. 01845 Petition No. 35-44 f .k _ Dear Mr. Long: j)t The Board of Appeals held a public hearing on Monday evening, "r """' i June 11, 1984 upon the application of San Lau Realty Trust. OmeRLs { The hearing was advertised in the North Andover Citizen on - ;W ( May 24 and 31, 1984 and all abutters were notified by regular mail. The following members were present and voting: Alfred Frizelle, a 9 - Esq., Vice Chairmen; sii111am J. Sullivan; Au ne Wickerson: Walter F. Soule; and:taurine S. Poulds. the a The petitioner saeks a-var'cance from-the-provisions of Section 7, Paragraph 7,3 and Table 2 so as to permit relief from the side and rear yard setback requirements on"prIaes located-at 169- .r_. 121 Rain Street, locatedid the General Business (GB) tonin district._ g:.. --.— 3n 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 fox the building that is occupied by Messina's tiarket. The premises affected ' are in a GD 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 _ proposed building will be located 32 feet from the rear lot line. ice Chairman 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 "quires-a2S foot setback. The present building has been situated in its position for over 20 years. Thera is greener/ on the rear lot line where the property abuts the 1-5 district, being land of the North Andover Rousing Authority. _.) The trustees of Sam Lau Realty Trust wish to hell North Andover lmr prove its downtwo by upgrading the appearance of the buildings in the arae. _. 1 ' i .-J .rI } L+ 1 174 1 -40 Lan gaaltr Treat 109-LI3 linin t:traet Petitlat'tb. 35-184 •" - - "''.�' '•`�' , •�^x",,-:.- �.I Jaae 19, 1964 ZS 11:32 t page 2 tl a Notion Pada by l* Goulds aad seconded by ft. Senleit-+moi 1 Board wtea =&%%Loony to grant tbm varianoa iub3eaC baa � tp i7 .-1. Lollorinq eoaditioaa 1. that 4 Looe high hmrlodci to planted and Paintaiumd 4 fYil! center 220y feet along the los line abutting land t#►a 3 - 't`�F ` _: 1 p { Authors and Shy lase almq laad;ll/r,o _.�i�. ,,. 4 ...r:: North Andover Booaieq Authority , ..�-"•b .:f` ;._:" ��a ashy A. Rea tr-j r y;; ,tea: "' is granting the variance. the Hoard Linda that Section 10.4 0; the ._.:.� r }; zoning By Lar has been satisfied. In Particular, the Board ads r tont cuing to the ALSO and shape or the lot, a literal enfoactmut fir" XT.�aaiel 1.at �+ of the provisions of the BY Law would create a hardship to tsba Torn Office I petitioner. The Board further finds that desirable relief gray be North Andover ; . granted without anbstantia2 detriment to the public good and without nullifying or substantially derogating from Ws intent cad Purpose + ' Lear Mr. Lent of the zoning By Lar. At a regular I y :1 Sincerely, the North An( the decision { BOARD to APPEALS Realty Trust U Were present W illiam J. SI Alfred E. Prisens. Ca4•. _ _ 3. Maurice S. F. Vice Chairman Upon a matin it _ Board then Y=� _ _1_-_ _ Words ^cad 5 (run to foUG*4- Kindly clot t ) c i!: �_ .•-- - ==` office. 7 7Maq b 11 �J hn TWO it , i cc Applican --- S Attorney Parties 1 - Building Assessat j. Recorded Au 1 1 } r� T r ' Any appeal shall tie Med 175 + � WWft RW Mir after the date of flgng of this Notice `• 7et+ •`' In to QVW al the Tam aWL . TOWK or HOWN•etooV= j Lb, _ -ASSA *ins ♦ I, BOARD OF APPEALS !I! t tan he E .1n of '�- v July 17. 1464 ctnds f 1, be Mr. Daniel Long. Town Clerk Sas Lau Realty Trust ay,he Town Office Building 109-113 Main Street t_.j without North Andover. Mass. Petition No. 3S-'84 purpose - Dear Mr. Long: r f At a regular monthly meeting held on Monday evening, July 9, 1484 the North Andover Board of Appeals voted unanimously to reconsider the decision rendered on June 11. 1484 on the petition of San Lau Realty Trust, being Petition No. SS-184. The following members ( � were present and voting: Alfred E. Fritelle. Esq., Vice Chairman; ifilllan J. Sullivan; Augustine K. Nickerson; and Associate Member ' 1 Eaq.. Maurice S. Foulds. Upon a moon made by Mr. Nickerson and seconded by Mr. Foulds. the Board then voted unanimously to amend the decision by deleting the -- - words wand 56 1/2 feet sleag lead !t/F of Lally R. Realty., ' - _. .. •— - Kindly attach this ameadment.to tho••deciston an file in your _ office. •� Sincerely, 1Th Y beM+/r4lmtee�yQWaea a°`.�o.asaaeraaamrY.s�d BOARD OF APPEALS Alfred E. Fritelle. v € Vice Chairman M t cc Applicant :%^•.,�, •`:+' Attorney Z••- Parties in Interest Building Inspector Assessor Accorded Aug.28.1984 at 3:28PIt {16354 ` 1 E T ' -.+ r ' ;•" o OCT 3f 9 `• : ss�uuse r� TOWN OF NORTH ANDOVER MASSACHUSETTS u BOARD OF APPEALS * + j Sanlau Realty Trust * Petition #91-88 109-123 Main St. * ' 7 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 u Serio, Jr., Chairman, Alfred Frizelle, Vice—chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. f l 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. r ; 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 Daniel LoreFrank Serio, Jr. Town Clerk Chairman /awt 'I . ATTEST: -f A Tme Copy Com '_ Town Clerk i 1 i•-r T � I835 � ,17w -( SSS...•4e, �a i.r TOWN U NORTH ANDOVER MASSACHUSETTS r� BOARD Of APPEALS rr NOTICE: OF DECISION I � - r'1 Sanlau Realty Trust Date . . .. . . 231 Sutton Street Qetober lbf 1987 N. Andover, MA 01845 Petition No.. . 91-88 Date of Hearing.October 13, 1987 . . . . . . . . _ . t Petition of . .. . Sanlau Realty.Trust . . . . . .. . . . . . . . . . . . . . . . . . . . . . . w Premises affected . . . . .109-123 Main Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . Referring to the above petition for a variation from the requirements of ft Sect ion_6, Paragraph fi.6(5)d ,of_the Zoni.ng. ByLaws, _ . •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . so as to permit relief, fxom _front. s.etbaclC. in .order, to _replace, ,sign. at _shopping mail. r � 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 toz.erection.of. new.shopping .mall. sign.to. Sanlau.Realty.Trus.t.. . . . . .. . . . . . . . ' 1 �-� X��Q }�flf4��MYlY�X 1�8X ' T } L Signed Frank Serio, Jr. , Chairman Alfred Frizelle, Vice—chairman Aug. . . .ustine. Nick. . . erson,. Clerk. . . . . . . . . . . . . . . . . . . . Walter Soule Louis I Rissin Board of Appeals i v THE ZONING BY LAW TOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 ri Reprinted 1986 t10 R'r r t Of h r { .p ACHUSE PLANNING BOARD t �I r r� :J �t SECTION 8 SUPPLEMENTARY REGULATIONS �? 8.1 Off Street Parking ` u 1. Whenever a building is erected, reconstructed, moved r 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: r � Use Minimum Spaces Required One or two-family residence One space per dwelling unit r ' 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 rY for the elderly under govern- ment assisted programs. u 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 ' , F athletic fields, funeral based on design capacity of parlors, and other places the facility. of assembly. " r 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 texcluding storage e area) in Business 1 and 2 and -66- i r� General Business. Rn ahlinh- Gn _ ments located within 350 feet i� of a municipal parking lot shall have 50 percent of the V) 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 rl 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 { t 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. i 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 , T (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- r, i-' EXHIBIT C { DENIAL LETTER r7 ry • v � t t ' L.. 4� i 1 tiI .rJ 1 ��J i 02/14/2007 09:49 9786888476 HEALTH PAGE 02/06 v ' Zoning.Bylaw Review Fara 'Fawn of North Andover . Building..Depar bnent •..1600.17sgtsod Street,wilding 20,Swine 2-36 o f-1 s� Phoes 97843IW9M-: . Fax 9T8-6ti 4*42 Street IM123 Mafmx Street Ma '29M rApplicant: Sart Lou Rea 'Trust R uar#:. R4ltevation of audsllK ,Messina'.s rn Garter taste: 2_i�-or... Please be advised that atter tWAM of Your Application and Plans that your Application Is r DENIED for the folladv Lq.ZartingAVh w reasons: zoning DISWIdt: GB ROM Notes Item Notes A Lot Area F Fu+OAtaae r y i Lot ares Insuffi0ient 1 F Insutficlent R Lot Areafreexi0ing A 2 ...FrontaM Complies .X 3 Lot Area Complies X 9 Preexists e X 4 insuf k:lbnt'Ir Ohti*6*11 4 •Insufficient lnfoOn ation• r B Use 51 No 800M over frontage 1 Albm)d X G Contiguous Balding Area. 2 Not Allowed 1 Insutflclent Area 3 Use Praeadstl X 2 Com las % r-y 4 S 1 Permit Required A 3 ft22Asdng CBA X 5 1 Insutfl.ient.information 4 insufiUent'Information. C Setback .14Building Height . . . 1 All sefbecim com& 1 I Height EXCWds Maximum t 2 Front(MaW,Insuffidsnt X• 2: Com kits X 3 Left SehODl y'Irsuffident 3 1 Pmxistina Haight X U 4 Right FW Insufficient x 4 1 Insufficient Information. 5 Rea Insufficient 7,3=ok fn2=X. I Soilding.Covsrage . { l a PmexisLqg setbacks X 1 ed e.exees maximum 7 Insufficient Information 2, Com lies x D. Wsh"hed 3 Coverage-PreexMng X 1 Not in Watershed X 4 1 Insufficient In annation t } 2 In Watershed d I Sign - 3 1 Lox Prior to 10/24/94 1 1 SIgn not allowed 4 1 Zone to be Determined 2 1 Sri Complies 5 Insufficient Information 3 Insufficient Information E Matoric District K Paridrig 1 in District revl$w r hed• 1 More Parldrig Requh3d X 2 Not In district x• 2 Park) Complies 3 insufficient information BaMQdV For the above Is checked below_ 4, item fit SpediA Pwnft Plennj2ft Board Item I Variance. . B.d Site Plan Review,3pedd ParMIt C-2&4 Samek Vallance Aooms ower than Fronmge Special Pan»it K-1 Partckng Variance ` Frontage EccWdon Lot3pedat Pw* Lot Area Varfance cannon Crivaxay speam Parmlt }te hWarisnce `J cagragM Hotetrrg spsaw Permit Varkince for Sign Coadnutng Care Retirement Special Pant speded Permits Zoning Board 1 tnd%umw Hasty Housirg spe cW P—It I Spacial PmM NorWonforming Use ZEIA urge estate Condo speow Permit Earth Removal SpepiptPemrft ZBA –' Pl� � de pmeo1sdm»ISpSpodat Permrit Use not Uered but Sidar _ t Piamned Romential tpOgai Permit. Spam Permit Ibr 2. Unit R-6 Density Special Permit Special PanYmit Pre-9xisting,Non- Conforms -� will—had spaces Permit Supply Additional Info on y The above review and attached a l*mum of arch is basetl en the pig M'-"1 aden suhmmed No de9niuve review and or aelvicq sink be tm vwW 0+Oanadom by die gw1cant nor stroll such verbal'aVainadom by the aWleml aerie to-provide deflrative answers b the above reasons for i ENUVL Any lr►aerlsagas tnketeadkng- -� k WO...taft or ether SOW61�M dmCd 6 to the rnfarmatim submitted by the applaanrhell ebe grounds for Mreview to . be voku ad.at the dtacretion of(he ging Dep mIgaM.111E pWchod doCUlnent Oft'Plan Review Narrative"shell be alt cod hen9to and 1040rpor4ted Nwain by nidarenr>s. the WWRV deq resent YAH rejtaln aft plans and fto mle oft for the 610.YOU, retest f1W a Iwlakhg p—It application faun and begku ftpetrnh6ngproeess. WkAng Departmant Signature AgAmffim Received Applicatlon Denied Denial Sent: _ If Fmced Phone Numbw/Date_ FEB-14-2007 10:37AM From: 9786888476 ID: Page:002 R=100% ri 02/14/2007 09:49 9786888476 HEALTH PAGE 03/06 F) Plan Review Narrative The foUmving nanative Is provided to further explain the f aftWS fdr menial for'the bui{diftg perniH far the property Indicated on the reverse aide: V-1 i L, u C� C-2 A Variance fr.xn the Zoning Board of Appeals is required f'iam Section 7.3 Yard SeftwI g&Tablc 2 of the Zoning Waw for the Mains Street Eroat sexback of the existing sbopping center and the First Shtet.front setback for the C; ! prescription dtfi+e throw v ' C-4 A Variance from the Zoning Board of Appeals is requirad from Section 7.3, r Table 2,and Footnote Z,the rear setback's first 15'buffer being opm and q r 7 K-1 A Variance from the Zoning Board ofAppeals is required from section 8.1 Off-Street P r 7 K-1 A Variance fiom 9tc Zoning Boerd of Appeals is required fioom Section 8A (Scxeerdn and Landscaping Requirements for Off-Street Cotnm=Wvl and t. Industrial Districts f B-4 A Sit Plan Special Permit is required fiv a the Planing Board. 1 a.J f � 1 a,1 Referral To: I ,FIra - HeaM 1� x soars w i an cff works X Ptann HlstOrtCAI GOrriRN9B10n BULDING DEFT 7.aning8ylawDc�a120b6 1 -+ FEB-14-2007 10:37AM From: 9786888476 ID: Pa9e•003 R=100% r � EXHIBIT D {� ABUTTERS LIST L r7 u v r i u r � U v u ri v j �1 1 .J iJ rt i rt Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) T � 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, U 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 r 1 board of the city or town,and the planning board of every abutting city or town." Pg. 1 of 5 f MAP PARCEL Name Address 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 Abutters Properties !'1 Man Parcel Name Address 29 36-37 Richard Lentini V56 Neck Road,Ward Hill,MA 01830 29 38 Rack Realty LLC V94 Hampstead Street,Methuen,MA 01844 29 23-34-35 Town of North Andover vY20 Main Street,North Andover,MA 01845 29 31 Go CB Ellis/Boulos P.M. L One Canal Plaza,Portland ME 04101 29 33 Schruender Nominee Trust L_7ZChickedng Road,North Andover,MA 01845 v 29 32 William Whittaker LW3 Saunders Street,North Andover,MA 01845 29 27 Elizabeth Mazurenko L.35 Timber Lane,Methuen,MA 01844 r ) 29 28 TimothySouthgate L,403rCleveland Street,North Andover,MA 01845 29 29 Dennis Gallagher L229 Prospect Street,Methuen,MA 01844 L , 29 30 100 Main Street Trust 641 Chestnut Street,North Andover,MA 01845 29 54 Robert Pangione X2"45 Brentwood Circle,North Andover,MA 01845 29 26 Manny Shaheen IA Sutton Place,North Andover,MA 01845 29 52 Michael Kellan lry U f rte 90 Main Street,North Andover,MA 01845 �i 29 25 Pacific Main Realty Trust 1 n.Box 486,North Andover,MAO 1845 29 24 Wayne Stanuchenski L,16 Cleveland Street,North Andover,MA 01845 _ 29 55 Robert Safi V22-24 Cleveland Street,North Andover,MA 01845 29 42 John Mc Elhiney L.90 Kings Highway U-A16,Hampton,NH 03842 29 56 Michale Xenakis t.-O Waverley Road,North Andover,MA 01845 `J 29 43 Richard Else v160 Commandants,Chelsea,MA 02150-4043 29 44 Atlantic Realty Trust 1,89 Main Street,North Andover,MA 01845 29 60 Peter Vaillancourt L,,Tl Lincolon Street,North Andover,MA 01845 29 45 Joyce Realty Trust 1.120 Collins Landing Road,Weare,NH 03281 —0 29 46 Evros Realty Trust 75 Foster Street,North Andover,MA 01845 29 14 Thomas Bames l�Saunders Street,North Andover,MA 01845 1 30 2 Olympia IV Realty Trust Y N1277 Lowell Street,Andover,MA 01810 3-a-O j 30 41 Allen Lappas vtffi Leslie Road,Waltham,MA 02451 `--' 30 1 129 Main Street Realty Trust\-e Wellington Road,Winchester MA 01890-0051 30 3 Stergios Papadopulos tXt-13 Second Street,North Andover,MA 01845 1 30 4&36 June Thornton ✓20 School Street,North Andover,MA 01845 30 25 Terrence Joyce Second Street,North Andover,MA 01845 �`a 7 -' 30 38&35 Landers Nominee Trust L-40 Court Street,North Andover,MA 01845 30 37 JoRaymond Lafleur vttu vh, (1P.O.Box 265,North Andover,MA 01845 3-7-07 1 30 5 N.A.Housing Authority VYMorkeski Meadow,North Andover,MA 01845 30 26 Lisa Loosigian �2 Second Street,North Andover,MA 01845 --� 30 27 Daniel Cyr V-tA%A/'rd 38 Second Street,North Andover,MA 01845 3-,2 D 7 30 29 Helen Matheson 2 Second Street,North Andover,MA 01845 - 1 30 28-A Sheera Sleator Y o f✓^t'd 26 Second Street,North Andover,MA 01845 30 28-B Scott McCoy ,a Second Street,North Andover,MA 01845 r _J This certifies that the names appearing on the records of the Assessor Office as of Certified b ata ,2 ! 1 i U 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 {"l 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 u board of the city or town,and the planning board of every abutting city or town." Subiect Property: v MAP PARCEL Name Address f_1 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 `ters Properties Map Parcel Name Address f 30 7 Frank Cain vY4 Second Street,North Andover,MA 01845 30 8 Cardinal Partners, Inc %_0411 Preston Road#850, Dallas,TX 75225 �-' 30 32 James P Realty Trust0200 Bridle Path,North Andover,MA 01845 18 74 Katharine Deming rL�tfdn21 First Street,North Andover,MA 01845 3-a-6-7 {`1 18 44 Donald Foulds v25 First Street,North Andover,MA 01845 18 63 Mary Hosing &,38 Waverley Road,North Andover,MA 01845 18 70 Daniel Beane k-29 First Street,North Andover,MA 01845 18 69 Guy Ando L,56 Waverley Road, North Andover,MA 01845 18 45 Horace Baril La7 First Street,North Andover,MA 01845 v 18 46 Linda Kody �0 Waverley Road,North Andover,MA 01845 18 47 Carol Wright V-- 64-66 Waverley Road, North Andover,MA 01845 3 a(o 07 r 18 48 Robert Sullivan v72 Waverley Road,North Andover,MA 01845 18 73 Erica Markey {f33 Waverley Road, North Andover,MA 01845 18 58 Edward Gardner 09 Bonney Shores Road,Meredith,NH 03253- 18 59 Guido Montanro i,8 Waverley Road,North Andover,MA 01845 18 60 Laura Dichiara y771 Waverley Road,North Andover,MA 01845 19 9 Mitchell Starr 1,44 Second Street,North Andover, MA 01845 U 19 4 Manuel Salinas <-. 3 Second Street,North Andover, MA 01845 19 5 Paul Dubois L37 Second Street,North Andover,MA 01845 1 19 6A&6B Peter Doherty LA Maple Avenue, North Andover,MA 01845 19 7 Michael Sibeleski c.30 Maple Avenue,North Andover,MA 01845 19 8 John Mcduffie L-2�iMaple Avenue,North Andover,MA 01845 19 1 N.A.Housing Authortity ua'f0 Green Street,North Andover,MA 01845 41 33 Bank of America 0101 N.Tryon Street,Charlotte, NC 28255 7 U , 1 J J r) v PARCEL_ID Owner Name # Street City State Zip 210/040.0-0004-0001.G YtAG0n Y dLASKOWSKI,LINDA 3-6-07 148 MAIN STREET BERKELEY CA 94707 3 f-� 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✓ l y- PREDO,ROBERT F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0106.A 40 v ROSENBERG,ZENA 148 MAIN STREET FLUSHING NY 11367 v 210/040.0-0004-0107.A y60WMAN,WILLIAM G. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0108.A✓ SIDABRAS,CAROL 148 MAIN STREET NORTH ANDOVER MA 01845 /-1 210/040.0-0004-0121.K✓ FARIA,LINDAJ 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0122.K,/' COOTER,STEPHEN&DELUCA,ROSE 148 MAIN STREET NORTH ANDOVER MA 01845 u 'g-a, -d 7 210/040.0-0004-0123.K a'`-L(j td 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 p/ 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 V' DONOVAN-KING REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0129.Sy CLARKE REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 rl 210/040.0-0004-0130.S re,'uv"JSHAUGHNESSY,BRIAN EDWARD3-t;'f 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0131.8 %,WEINERMAN,BEATRICE 148 MAIN STREET NORTH ANDOVER MA 01845 u 210/040.0-0004-0132.Bd11 O'BRIEN,FAITH B 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0133.8 V Q}0 '4f WERNILE,DOMENIC 3-6_D 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0134.BYt- �N LYONS III,ARTHUR W 148 MAIN STREET ANDOVER MA 01810 r 1 210/040.0-0004-0135.8 WAY,MARY 148 MAIN STREET HAVERHILL MA 01832 210/040.0-0004-0201.0/ 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 1/ CHABOT,DONALD R 148 MAIN STREET NORTH ANDOVER MA 01845 •1 210/040.0-0004-0204.0✓ 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 L 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 1 2101040.0-0004-0213.A EDITH ROSS REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0214.A 1/' NOWLAN,JAMES P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0215.AIV4,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 -1 210/040.0-0004-0217.A✓ ` PAPAPETROS,THEODORE 148 MAIN STREET NORTH ANDOVER MA 01845 3-1 4 210/040.0-0004-0221.K`r( ow 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 1-1 VV O'SHEA,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0224.K vO'** 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>r �} BOYLE,LILLIAN NOWAK 148 MAIN STREET NORTH ANDOVER MA 01845 r?",210/040.0-0004-0228.S it�M4�Q U 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 210/040.0-0004-0231.1✓ DRISCOLL,PATRICIA&FINN,JOHN T 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0232.8✓ 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,J SUTTON POND REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0235.8`/f I uJVV` KINNEAR,MADELINE 148 MAIN STREET NORTH ANDOVER MA 01845 'J 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 4 210/040.0-0004-0238.0 lc �' MARGOLIS,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0239.0 LAFOND,MARGUERITE 148 MAIN STREET NORTH ANDOVER MA 01845 u 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 3_x$210/040.0-0004-0242.F'ft,i R Vv*) 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 J 210/040.0-0004-0244.F V"' FRITZLER,FREDERIC J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0245.F✓,t SWEENEY,PATRICIA A 148 MAIN STREET NORTH ANDOVER MA 01845 1j 210/040.0-0004-0301.0-,*A6tM 1%0 DEERING,BEATRICE L 148 MAIN STREET HAVERHILL MA 01832 210/040.0-0004-0302.0 t/ BOEGLION,PAULINE 148 MAIN STREET NORTH ANDOVER MA 01845 r � u f 7 u 3-'a(6210/040.0-0004-0303.0 Y'Q�V A'P) MARY RUTH PELLETIER 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0304.0 L�- MC MANUS,E JULIE 148 MAIN STREET NORTH ANDOVER MA 01845 { , 210/040.0-0004-0305.0 V*' 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 u 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 2101040.0-0004-0310.A✓j PARFENOV,ANNA&HERMAN 148 MAIN STREET ANDOVER MA 01810 I 210/040.0-0004-0311.A / PAQUIN,MARY&BLIGH,KLATHLEE 148 MAIN STREET NORTH ANDOVER MA 01845 v 3-2 6 210/040.0-0004-0312.A Y&k"Afd 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 V11 DELANEY TR,DONNA R 148 MAIN STREET NORTH ANDOVER MA 01845 'X7210/040.0-0004-0315.A ytkulIA t)IACOPUCCI TR,MARGARET A 148 MAIN STREET NORTH ANDOVER MA 01845 u 210/040.0-0004-0321.K V 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 _ 3-'4,4210/040.0-0004-0323.K 1(6U"AeV 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.SJ CAMERON-HALL,DONNA 148 MAIN STREET MEDFIELD MA 02052 210/040.0-0004-0327.S Y P) MC CANN,SHIRLEY 148 MAIN STREET NORTH ANDOVER MA 01845 `' (4 210/040.0-0004-0328.S YAU4'A 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 01210/040.0-0004-0330.Slt' Uivtd MILLER,ESTHER 148 MAIN STREET PLAISTOW NH 03865 _a t6 210/040.0-0004-0331.B rt�-NV 14'Cd BEHENNA,JAMES F 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0332.8 v PANOS,MARIE 148 MAIN STREET NORTH ANDOVER MA 01845 1 210/040.0-0004-0333.8✓/ 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 210/040.0-0004-0335.8✓ D'AGATA,FLORA E 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0336.0 X/ 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 01210/040.0-0004-0338.0 Yt� fVELASQUEZ,JORGE&BELMONTE,A 148 MAIN STREET NORTH ANDOVER MA 01845 ..r 210/040.0-0004-0339.0 Vh 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 V> 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 L r 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 1 3- 07210/040.0-0004-0401.0 vleluo 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 , �JELSON,ERICA C&BOFFETTI,A. 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0406.0`k✓`�4UYN`t LI 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 V BLUMENREICH FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 1 210/040.0-0004-0410.A J THE MARKEE FAMILY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 3--�-p-10/040.0-0004-0411.A f t�U✓,nBRUCE,LLOYD&BARBARA TRUSTE 148 MAIN STREET TUCSON AZ 85715 'J 210/040.0-0004-0412.A U/ 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.K tt_'V44 r 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 210/040.0-0004-0428.S ✓tAU V0"tWRIGHT,ANTOINETTE B 148 MAIN STREET LONDONDERRY NH 03053 3-6 -07 210/040.0-0004-0429.S V_ 1 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 1/ BURKE,SHAWN P 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0432.B ✓ 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.Bt/ CARD,JEAN G F 148 MAIN STREET NORTH ANDOVER MA 01845 .J / 210/040.0-0004-0435.B ✓eAU V H'.d GLORIA REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0436.0 V' MONAGHAN, 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 1 210/040.0-0004-0438.0 ✓ MCCUSKER,JEANNE 148 MAIN STREET NORTH ANDOVER MA 01845 J r � v f 1 t� 2101040.0-0004-0439.C✓ 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 r, 210/040.0-0004-0441.F V JEZIERSKI,LEO J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0442.F 1/ A.M.GUERRERA REALTY TRUST 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0443.Fy4AidROUTHIER,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 2101040.0-0004-0501.0 1/ FARAHMAND,ARYA 148 MAIN STREET NORTH ANDOVER MA 01.845 2101040.0-0004-0502.0✓yyuWA�l PACHOLSKI,KIMBERLY 148 MAIN STREET NORTH ANDOVER MA 01845 U �y.��210/040.0-0004-0503.0-tt 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 f l 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 u 210/040.0-0004-0507.A YORK,SHERYL M 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0508.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 yQtU,ykCHRISTINE 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 1/ DOHERTY,FRANCES M 148 MAIN STREET NORTH ANDOVER MA 01845 u 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 2101040.0-0004-0523.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 `J -A 210/040.0-0004-0526.SIIELi uWA'`Q✓ll J CARDILLO,LEANNE J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0527.S r QJ�ItJMd/l LAPORTE,CAROL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0528.S re`44fA 4(/ 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 u -b y.4 210/040.0-0004-0530.S y�Ww 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 210/040.0-0004-0532.8✓ BERGAN,TERESA A 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0533.6 J ARSENAULT IRREV TRUST,ALFRED 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0534.B✓ l PAROW,HELEN E LT 148 MAIN STREET NORTH ANDOVER MA 01845 u 3 210/040.0-0004-0535.6 I� PECCI,STEVEN P 148 MAIN STREET NORTH ANDOVER MA 01845 3'1A 210/040.0-0004-0536.0 SLATTERY,WAYNE&PAULA 148 MAIN STREET HAMPTON NH 03842 1 210/040.0-0004-0537.0/ FARIA,COLMAN C 148 MAIN STREET NORTH ANDOVER MA 01845 7J- 210/040.0-0004-0538.0 rPW,4d 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 1/ SUHR,BARBARA K 148 MAIN STREET NORTH ANDOVER MA 01845 b-A210/040.0-0004-0541.FfeI[4y'4 FENTON,FREDERICK,&MARGARET 148 MAIN STREET ANDOVER MA 01810 210/040.0-0004-0542.F V KWONG,BRANDI 148 MAIN STREET NORTH ANDOVER MA 01845 .� 210/040.0-0004-0543.Fv/ 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 1/ RULLO,FRANK J. 148 MAIN STREET NORTH ANDOVER MA 01845 .J f � _J 1 ..J 1 _J J r ► u 17 EXHIBIT E TRAFFIC LETTER AND FIRE DEPARTMENT LETTER U ri L, FI u u n u ri u v r ' 1 �r .ti �J • i u �J y 1 .J J J Dermot J. Kelly Associates, Inc. DJK Traffic Engineering/Transportation Planning 280 Main Street Suite 204 North Reading,MA 01864-1300 U1 Office: 978-664-2205 Fax: 978-664-2444 REF: 733 February 7, 2007 Timothy McIntosh LJ Vanasse Hangen Brustlin Inc. 101 Walnut Street PO Box 9151 Watertown, MA 02471-9151 RE: Messina's Shopping Center Dear Tim: Attached please find a Conceptual Access and WB-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 McIntosh,VKB-UO2.doc r � rti DJKDermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning r� u Upon your review of the above referenced plans, please do not hesitate to contact me if you 1 have any questions, comments and/or if you require any additional information.. Sincerely, —� DJK ASSOCIATES, l f Dermot J. Kelly, PE, TOE President Enclosure r� cc: Lincoln Daley, forth Andover Town Planner Christian Huntress; Huntress Associates, Inc File r � v .J J ' 729-U0210-27-06 J -1 f u r-1 TO"OF NORTH ANDOVER Fire Department r Central Fire Headquarters 24 MAIN STREET NORTH ANDOVER.MASSACHUSETTS€1845 r William V. Dolan Telephone(978)6$8-4533 Chisf ofDepartmeat FAX(978)688-9594 n wdolann Towrt AN99 iAndQver �. William P.IVlartineau wmartineau@TownofNorthAndover.com Deputy Chia{ u Mr. Dermot J. Kelly,PE.PTQE 203 Main Street, Suite 20 North Reading,MA 01864-1300 r r 1 10 January 2007 Dear Mr. Kelly, Thank you for providing the North.Andover Fire Department the truck circulation plan for Messina's Shopping center on the plan dated 12/10/06. As indicated by the plan 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. Vehicles should not be parked on the access land along the length of the Toad parallel.to school.street and proper signage should be placed in this area to indicate that parking is not allowed and the lane in this area be appropriately marked as a fire lane. This letter is in reply to access requirements and not indicate agreement for fire protection for the structure or exposures, which will be addressed during the plan review process. .� Please contact me if you have any questions regarding this letter. Respectfully, NVilliam V. Dolan wvd 1/10/07 'William.V.Dolan,Fire Chief i J Cc: Christian Huntress,Huntress Associates. Inc. J J SCHOOL STREET - - - 7.50 42.50 �? `�� u°i• � 300 35,50 '• D.DD r .a. WB o 50. 12.50 feet r. sa R5 1.-.M -' Tractor Wldth 8.00 Lock to Lock Time :8.00 ,.... .. �-""�. x V Troller YAdth :8.00 Articalating Angle 70.0050 Steering Angle :17.70 : : ,q Existing ReteA k OMoe space l//%%//</l.cevlvrU/%////////// 8. Tractor Track Tra'ler Track .8.50 Two Story rrrrvv�rr y (9.348 sf-Flat Moore) o. .R6 (7,822 N-Second Floor) Cw r _ a ................._........ ® a S p d,.,+ raorom a mu®man um san R6 IL m a i SON LsGmw at'M7 • Yur.C.NDstamoa N - Y9RR 7F7D7'R RR(O1R yy Ell RB-1L r` y ` ❑ R4-7 � � R �} v R4-7 2 ti r � R6-1 so• so• G. RJ-IL (DOUBTS JJ• JJ• mm) SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES Cp EDITION 2003 AND MASSACHUSETTS HIGHWAY DEPARTMENT STANDARDS FOR LATEST SPECIFICATION B ° �J.:�c.<t<u.«r<.r<u <.�<.r<u.s<%roar ur<u uv«t/ .�,�v;._:::::.:.::C_ ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. 6 p I '� i R6-11 ...,.w >..a.».a .«...ra. v:.-:•.x:M. .,.a is .,....; .. f..,,:.+.aw-. ..��. ._.... :.,... ,.. _ S b CONCEPTUAL ACCESS AND WB-50 TRUCK CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. MESSINA'S SHOPPING CENTER w r----_ NORTH ANDOVER MASSACHUSETTS DMOR G' FIRST STREET "'°B°"'E oa 73J SOURCE-BASE PLAN INFORMATION OBTAINED FROM HUNTRESS ASSOCIATES,INC.ELECTRONIC FIE'STM-AN.DWG' 7JJCADf-R1 own: 12/lo/O6 (a Nw1) RELIEVED ON JANUARY 17.2007. 16Y.Na JEMlaile 0•T: 1°•20' 1 ar 1 SCHOOL STREET w g �..< R6—iL x,....o..,. Sp I Re— EXIBI Retail h Office space •c�• rrr uirrru�rrirrniirrrrrrrurrrririi Two Story �_. /rirrr rir (5.348 of—First Floor*) RB 1L (7,322 s1—Seeond Floor 4, SP-1 • .... ... 40 cW y 1.,f x C �F G aa tJPOIelD mu® nmI um rove 3 N'J f R _ O LI E `R8 1L ! cw ( .,...... A I fa I A 910N tsoffivH ® ® N A y.vr.ce. sremot Rvxm IFID72I l�lo1TT A ® R1-130 ~SWLL L 7 . p Ra-7 Sy R —1 R4-7, ® E RB-1 so' Jo' L A E (Hovers small) r O r ' SEE I _.. i+ ;. ... .;:r.ui• e,ieii.,:xt :.ttt..r,, MANUAL ON UORMAU CONTROL DCES EDITION 2O03�DMA SACMSETTS HIGHWAY DEPARTMENT STANDARDS FOR LATESTCATUR R6–R6-11- ON TEXT,DIMENSIONS,COLOR AND NOMENCLATURE. SL U+ si CONCEPTUAL ACCESS AND o FIRE LANE CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. s. 4 n MESSINA'S SHOPPING CENTER I I �----- NORTH ANDOVER MASSACHUSETTS F JK73] FORM � FIRST STREET °' '�°9°" ° OJ SOURCE-BASE PLAN INARON OBTAINED FROM HUNTRESS ASSOCIATES,INC.ELECTRONIC FILE'SITEPLAN.DWG' 73 AD2–R, 12/10/OE RECIEVED ON JANUARY 17,2007. nLW na nrnsve WT[ sc.u: Y.2D' 1 1 ra r—i EXHIBIT F n SITE PLANS Fl, u f'1 u f"1 u u ri r-1 .Y: •J J .J _J Lf 1 1C.u- _� - V' .S£.M".I•iLWS X-72_,•s+R4Y 3 f'j A f55CN5 al fAR.�v Sri LOWED RDW ra W ZX(R .3y� p 1. 1w siE p ¢i�:I(. k✓ -r> ....1,-:fes. ✓.!:`GLL<"/.IIF" / "'SII k,�,. �„� ,�. W1HN 1W TDM I NuruCF NOTiti S F1AC0 RAN pSIR('1.. ' +uT..�Lo xwc.. tY'ii+•l:e �+ _ hi5'-'�fl ZU t. 'S?1 9-. yg• .-.r._ i "\ ', ! ,2- 11f SIE IS NOT LCCAIED W1M 1FE TUM CF NCR11-1 IANDa RWMM ww1E�.�•m [meter. UPI s rte. wo NOW PARr O c �S 3.m 91E IS LOCATED IN w Gil a *(;W '� San KI- z xrn as,a 1. rYNu aSlt�ef .. _ J ,� l u.,cvs 004c, (/ > __- _- 4. LlJf =31A � - aM �v upa c_ s _ r� ----_ - 7�eeRummIAT amRkE_mx c• �Y�!�y ,.�`�_�4•' w�- ___ ._ --.: ..-_-...-_....—v��--- ,I-;. RFTFINWO 7N ( ( — 5 EtAgD CN�i S:IL 1FE ?moi ! ♦ =( t C/NiU) H! w WNW OK 9QLS _ -. 3� --...-.C,..,n. _.-,> M t Ik Y..i---•.aka} �` g.. 'fMQW OM Mn I.V.° .dlQFD PIM' . C RG'Afto� R1n+S44S s zww IMM-1-40 IMP PARCH S SW LAV S l'S M-1-68 4G4t 7Y MIS 41 ,�• A7M MANC$4®2 22.0' x, t 1 Ir�S" u') It-&1.7E. `! -,.ntlx- ua.m { Daae 1' Ft- �` ?� I ' 7 as.. q .cli �, j i�{ .r� __� ---•� '°wo°TMSIM � so• i -6 _ i F' l o ! €.wax » h EXISTING BUILDING LINE ce PROPOSED BUILDING LINE i `£ i --e. PROPOSED ROOF LINE i t t rW t WQ act,. � f ,x { -lilt Z > 0 !s 1 m ♦ Q s 1 '45 ass >c,. *� i.:�t9 aCRES �� I 0 Z rn 0 �. PROPOSED DRIVE TWRU ROOF o 20 ♦ w1 { `11Mamblonda As soeiatea, L.P. -Aww.SpAIx mu I , �•, ` 63.8' seas -i' 1 ;I ,: ! -�' .rre.�. :�;l.<t✓',cic_�!r ;L1r;G_:ia` • ,�.�. j t � � � `� "� j I I <� ""�� ; ' ' ' ; ,✓ i ! `� ! 62 k{ONTVAL.E AVE:.,SUITE 1 [ 1 ° , STCNVE:HAM,MA 02180 �o/.�` f (781)x-6121 F :(781)438-9654 MW rE--s+► s _ �I ____ N s F DATE: February 12, 2007 �= _ Lj • ,� �A4'Q11Dt"°" � :t, H:\PR..\728-01..\Plans\Var..Plan ' 40 20 0 40 .� �, _.. . r ,; .._ F sTSI�EET r� o SCA 1�a40 $:i ., ate. c.. _ SHM 1 OF 1 NDTM `, 'ao"'"s""` G••���•••••�••�••••�•:�••�••••••••••••ia 1. 1W 9TE IS NOT LMkIED W1HN A Fa%FLOOD ZIX CR _.__• _ ® fJ �f°°alns — N58 s0'20'E 107.85• ' '' W1HN 1EE TM CF NORM PNDUB� S Ral)PIAN DISI ICT. ,s, �> ___..----.-__-___�,___..____-____._.g.�.___.___..._------ { 7 T_ � 2 1EE 91E IS NOT LOG41m W1HN 1FE 113MCF NCR'1H vamdr 0 sa av' snBrw *VDiR W41EFL4m F1ulE1;m aswr.. MOM FW 4F I. �•, tr Moran c- ` I I �■+ sg w w g J t — ---e—-__—_ I i J rAtmrr o rAtenss 3 1EE 91E IS LCCAIm IN TFE GETQiAL 6U9N6S C9 Z 1 UME�soto -T _ -- -I / o as soar tM rerac tss MING DSIRCT O _ Wql� � W _ R FEW LOT 1=31% -_- 'a'4gr a\'s I �r� �■+■trYi -.._.____ .._•i--1_ Sr.U9'50�'10'y'!- ',.7:92._•+-- � S BAgD CN SCS SOIL WIRING 11-E LNXR)W SOLS PRE 70 �t R a•? Ivan. ` t xh '- � 1 1 2 _ C/WIQ�MLS(HYM GRCLP V1 �; r. ti a�a anent � erer i �' arrr.r +o>•u. `=-5=-__ �*� � '`kt w i,7 'S ,• 'a pp O bs, a rr ,Y I I t■�epr --- � „� + `rr� C� EAt Leff W Ac OeI6aue Rrgt arrrnir ��� �. as rawer Cr r Of N [� 6h,Fw► AG terlb mak' ���` \+� \ mlNi mnlCr/ARo.O 2W dAIXTY mw rat DAM MANN MINIS i �� 98-\x\ J,p m8f sso d} 36!' %� 880'50 2� t 10.00 °1 � !^IMO SO r tt�1Y � aNr p mw mss, aessiIki am Smi ?y2d Raw ��� \ ��$ rr-eam n.eser am yr ash 1 �` } \ \\ + W L.-.--.------Jaw MOR ° N., 1 L————— r�n�.r.rr �� �*� o LU O e� 1 t trn. yp ■ �' tt,.ran• LJ �� dJ` t , ' \ 2 Iwo Ufa f°h4' P ^`�8` ``�Q •�EasA10 `��\�\\F\ Q d n i \____ IMe�tM `"`.{�,� t�� \ �?J 3 h \ /eiF00■MIR •* � d It '.J O O O IL O Q llgi IItfo- M►. +� 11 SIR 11 1 f sW 1 seer �1 1 aA-a t, p 1 Y/ 11 t ''h ; it O W w n M _ s N� i 111 �E ��FNi N 1+ ip LLI 1t Iowa 'it !T Z 2 z ' L� ` O 11 1 �/� — O Z o 11 S=id O SII Q C_ y cQ RCO fir/ S z d li G Q ASSESSORS MAP 29 PARCEL 48 .,, u t U I C� Z_ iM_ Q ' 1.1 T�a. rwei m atar \ gr° 13 S . F!. 11 N di� = d N =s LLAALAA. 11 �; W O) OZ oO x � � z N � Z W i ST8*"M. N MMESCO No.39049 Marchi n oda ? # sl 41111sulli aee PW ; & Associates, L.P. I J " a , •! C\ � — r G.- / a OAr/�Y Eawalmin Ing and PZanll�ilg Con8111taIIt8 ,��t 62 MONTVALE AVE.,SUITE I 1 tr59 01 207 22 �__ R rparE .+ � -_ ,moi' STONEHAM,MA 02180 1 lyra_9w. s` e __-_ +_s_• - ,, � �, •' ssw net , _ :ar. rt5rs sra (781)4386121 FAX:(781)438 -9654 ------ -:; e _. _ _ DAT :_ ____ - ---- ------ - October 31, 2006 Rev 6/ " January 17, 2007 �; ���'k STSTREET s74 0 20 0 40 H: PR.. 728—01.. ToPo Exist Con.. I F a s mss' ` MA No.:718-01SCALE: 1 —40' I SHEET 1 OF 1 C M29 P23 M29 M29 P55 n — PY4 M 29 P 36-37 Richard Lentini Il M 29 P 38 Rack Realty,LLC M29 M 29 P 23-34-35 Town of North Andover / P25 M 29 P 31 c/o CB Ellis/Boulos P.M. M 29 P 33 Schruedner Nominee Trust M29 M 29 P 32 William Whittaker PV P42 P52 M 29 P 27 Elizabeth Mazurenko 4�0 318 / P26 E� M29 M 29 P 28 Timothy Southgate v 5� `P27 M 29 P 29 Dennis Gallagher �\�� M29 M29 ` M 29 P 30 100 Main Street Trust M29 P43 M29 Gv M28 M 29 P 54 Robert Pangione P56/ M29 M 29 P 26 Manny Shaheen �o P44 M29 peg M 29 P 52 Michael Kellan 9 P6� P30 M29 M 29 P 25 Pacific Main Realty Trust M18 / M� P32 M 29 P 24 Wayne Stanuchenski o P73 M29 y M29P45 p 4 M2g M 29 P 55 Robert Safi M2gP46 MP3329 M 29 P 42 John McElhiney M18 / M2 M 29 P 56 Michale Xenakis P58 M29 M 29 P 43 Richard Else C P69 M18 P74 � P31 Z�` M 29 P 44 Atlantic Realty Trust P44 M29 P 60 Peter Vaillancourt TS � F Fray Z M 29 P 45 Joyce Realty Trust a M18 M18 �, M29 M 29 P 46 Evros Realty Trust C P59 / M18 P70 OA P34 M 29 P 14 Thomas Barnes P46 M18 M 30 P 2 Olympia IV Realty Trust M18 / P45 Locus M 30 P 41 Allen Lappas L P60 M18 M29P29 P35 M 30 P 1 129 Main Street Realty Trust P47 M 30 P 3 Stergios Papadopoulas W M29 M 30 P 4+36 June Thornton P18 M18 P38 M 30 P 25 Terrence Joyce 00 61 P48 M29 I M 30 P 38+35 Landers Nominee Trust I P37 M 30 P 37 JoRaymond Lafleur W 1 M 30 P 5 North Andover Housing Authority (� Q M29 M 30 P 26 Lisa Loosigian Z tj It C P36 I M 30 P 27 Daniel Cyr 5a J O W o \ / M 30 P 29 Helen Matheson 0. Q Q M 30 P 28-A Sheera Sleator j o N M 00 N M 30 P 28-B Scott McCoy y O `` d' z r M30P7 Frank Cainz � > J Pt9 yG� MP0 P32 M 30 P 8 Cardinal Partners,IncW Q Q Q a M o M30 M 18 P 74 Katherine Deming Z_ c� z M30 M30 P2 P33 M 18 P 44 Donald Foulds = = a Z I Q P4 P41 341 Q o H M30 M30 P33 M 18 P 63 Mary Hosing m W H 3 �o P38 Of P3 M 18 P 70 Daniel Beane Q U) O z G M30 M 18 P 69 Guy Ando U) z C `yF M30 P36 M 18 P 45 Horace Baril W P5Et M 18 P 46 Linda Kody U) �Z M19 M19 P377M30 p y�R� M30 / M 18 P 47 Carol Wright Q C G� P8 Pg EcON P7 3 M 18 P 48 Robert Sullivan y M30 s 9�. M18P73 Erica Markey Marchionda M19 M30 / P8 y M 18 P 58 Edward Gardner P7 P35 / t�� M 18 P 59 Guido Montano & Associates, L.P. �\4 �^ M 18 P 60 Laura Dichiara -yo% M 19 P 9 Mitchell Starr M 19 P 4 Manuel Salinas Engineering and ;19 P5 P28 M M19 / M30 Planning Consultants P6 19 P 5 Paul Dubois P4 62 MONTVALE AVE.,SUITE I E / M30 M 19 P 6A+6B Peter Doherty STONEHAM,MA 02180 P29 M 19P 7 Michael Sibeleski (781)438-6121 FAX:(781)438-9654 M30 M 19 P 8 John McDuffie M30 P27 M 19 P 1 North Andover Housing Authority DATE: 2/12/07 P26 P25 120 60 0 120 728-01\SUEVEY\ABUTTERS.DWG SCALE: 1"=120' SHEET 1 OF 1 PLANTING NOTES I. PRIOR TO THE START OF ANY EXCAVATION FOR THE PROJECT BOTH _ ON AND OF THE SITE,THE CONTRACTOR SHALL NOTIFY DI&SAFE AND BE PROVIDEDWITH A DI6SAFE NUMBER INDIGATIN6 THAT ALL EXISTING UTILITIES NAVE BEEN LOCATED AND MARKED. '--'w ]. CONTRACTOR SHALL BEGIN MAINTENANCE IMMEDIATELY AFTER - �(�) PLANTINb AND WILL CONTINUE UNTIL FINAL ACCEPTANCE. Huntress Associates,Inc.5. CONTRACTOR SHALL VERIFY ALL TREE REMOVALS WITH LAND51-APE Landscape Architecture&Land Planning J ARCHITECT PRIOR TO CONSTRUCTION START. F 4. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM ALL 17 Tewksbury Street BUILDING FOUNDATIONS,STRUCTURES,AND PLANTIN6 BEDS. 0_ Andover,Massachusetts 01810 5. MAXIMUM SLOPE WITHIN 015TURBED AREAS SHALL NOT EXCEED 5:1, 978 470 8882 FAX 978 470 8890 UNLESS OTHERWISE NOTED. D, THE LANDSCAPE CONTRACTOR SHALL SUPPLY ALL PLANT MATERIALS IN QUANTITIES SUFFICIENT TO COMPLETE ALL PLANTINGS SHOWN ON TH15 DRAWING., W CURB CUT'A'(TYP)e �, ALL MATERIALS SHALL CONFORM TO THE 6UIDELINES ESTABLISHED BY E--� 0 L2 THE AMERICAN A550CIATION OF NURSERYMEN. B. ALL PLANTS SHALL BEAR THE SAME RELATIONSHIP TO FINISH 6RADE AS TO OR16INAL 6RADE5 BEFORE DI661N6. TG p) - CONCRETE WALKWAY t ] 4. ALL PLANTS TO BE BALLED IN BURLAP OR CONTAINERIZED- ' HC CLRB aR'A'(ttP)a IKTESRAL CONCRETE CURB(TTP)e �TO EVIL OR YI)IN6�5 10. DECO FOR PLANTED AREAS IN O ABED PINE BARK:PARTIALLY DECOMPOSED,DARK BROWN IN DOLOR AND FREE OF WOOD CHIPS PERE-MALS(TTPI LB x AZ THICKER THAN I/4 INCH.5"DEPTH THROUGHOUT ALL PLANT BEDS.9' < 16(991 II. PLAN71N6 SOIL MIX:LOAM THOROU6HLY INCORPORATED WITH ROTTED J•j MANURE PROPORTIONED 5 L.Y.TO I G.Y.OR EQUIVALENT, PEAT MOSS Tc. WITH FERTILIZER ADDED PER MANUFACTURER'S RECOMMENDED RATES. x(1) m iJ P.Im(B) 12. THE LANDSCAPE CONTRACTOR SHALL 60ARANTEE ALL PLANT eIO y ® MATERIALS FOR ONE(U PULL YEAR FROM DATE OF ACCEPTANCE. P05T t RAIL FENCE(TYP) HC Om CUT W(TYP) 1 15. ALL PLANT MATERIALS ARE SUBJECT TO THE APPROVAL OF THE L9 l] ORNANB'ITAL LI..(TYP)-j VERTICAL bRtNlltE GLRe(TYP) � e x(b) LANDSCAPE ARCHITECT,AT THE NURSERY,AND AT THE SITE. PC(2) 14. LANDSCAPE ARCHITECT TO FLAG ALL TREES TO BE TRANSPLANTED x(6) PRIOR TO CONSTRUCTION START. 15. ALL AREAS OF THE 517E WHICH HAVE BEEN DISTURBED AND NOT OTHERWISE DEVELOPED SHALL BE LOAMED AND SEEDED WITH A n - MINIMUM DEPTH OF 6"DEPTH TOPSOIL. N rc x 0) ® P'M(Pl Project: r x(6) IRRIGATION NOTES Messina's SEE SHEET L•9 FOR FENCE ~ PARKING LOT LIGHTING(TYP) r .NL7 1 WAS ELEVATION 'n i T D e VERMAL GRANITE CURB(lYp) J � 7E ygLKWgy rRB(TYP) Z I. THE CONTRACTOR SHALL BE REQUIRED TO FURNISH AND INSTALL ALL MATERIALS Shopping Center 9 INTEbRAL CONCRET(AL9 NEGE55ARY TO COMPLETE THE AUTOMATIC IRRIGATION SYSTEM FOR ALL LANDSCAPE �► ® I I e AREAS SHOWN ON THE PLAN. L9 2. FURNISH ALL LABOR,MATERIALS,SERVICES,EQUIPMENT AND APPLIANCES REQUIRED 1 ORNAMENTAL U6HTIN6(TYP) x(B) TO COMPLETE THE WORK OF AN AUTOMATIC IRRIGATION SYSTEM AND RELATED ITEMS. o North Mdover,Massachusetts F b'FENCE CURB Wi 5,hYP) 12 3. ALL WORK SPECIFIED SHALL BE EXECUTED IN AGCORADNGE WITH ALL 5OVERNIN6 16(9) LZ q !_ tl� ORDINANCES,LAWS AND REGULATIONS, O � e POST t RAIL FENCE(TYP) 4e 4. SPRAY SPRINKLERS ARE TO BE USED FOR ALL LAWN AREAS. LZ OO CR05WLK(rfF) L7 t © Drawln9 Title: ib B) � 5. ALL PLANT BEDS,SHRUBS AND TREES SHALL HAVE DRIP IRRIbATION. RBD OD) ��IMLTIURAALL RAN9 I I I I I �..' 0�► BN(9) URENllALB MP) Landscape & L4(v ... T 01 '�. t P ,. .. . ....... Lighting Ian a 0000000000 TD ) Li ng 0 T... HC CURB CUT'S'm n LZ POST I RAIL FENCE MPl CONCRETE WALKWAY MP) ) VERTICAL GRANITE CURB(TYP ORNAMENTAL LI6HnN6(TYP) 5W SHEET L•9 FOR FENCE AND L16NTIN&ELEVATION POST 1 RAIL FENCE(TYP) ,o•SSpCH U,l p` a SV y Ho.i>>e CPQ CANDSGAQ`P. PLANT L15T NOTE:COWRACTORMAY ISE PLASTID ,„.,,,,i:",",,,•• TREE&WINS CHAIN IF APPROVED BY LA. SYMBOL 50TANICAL NAMECOMMON NAME QTY 51ZE C-CHANIEL(BEE BELON y REINFORCED NEW RIBBER c InNOTE:SHRUB SHALL BEAR SAME RELATIONSHIP DECIDUOUS TREES HOSE,BLAQ 'ID.TYP. TO FINISHED bRAOE AS I7 BORE 70 NURSERY DOUBLE STRAND OR FIELD GADE R r TG TILIA CORDATA LITTLE LEAF LINDEN 8 2 I/2"-3"GAL. 12 6A.WRE TK5TED PG PYRUS GALLERYANA'ARISTOCRAT' GALLERY PEAR 2 2 1/2"-5"GAL. ROOTBALL TREE PIT t•Ihlt Revision Date ORNAMENTAL TREES x NOTE:TREE SHALL BEAR SAME RELATIOS64P AG AMELANGHIER CANADENSIS-MULTISTEM SHADBLOW SERV GEBERRY 3 8-0'HT. TO FINISHED GRADE A5 1T BORE TO NURSERY ` 5'BARK HJLCH IN SAUCER OR FIELD&RADE PLANT SAUCER,4'(ONTINUOIUS BN BETULA N16RA'HERITAGE' HERITAGE RIVER BIRCH(CLUMP) 5 10-12'HT. _ SECURE TREE V%APPIM ABOVE FIRST BRAWW NO SAUCER MERE SHI UB5 OCCUR IN BEDS 1 PROVIDE II..E GCMuaB 101 STA 11 - FINISH GRADE -LULL 9 PER TREE.DRILL TO ACCEPT 6W WRE. t 'k. ?`N PRINTF AND PAINT BLACK r I CUT AND REMOVE BURLAP FROM TOP 1/5 OF ROOTBALL 5HRU65 9 WRAP MW wTH TREE MAP -4 SOIL MX:BACKFILL IN L005E LIFTS OF PJM PJM RHODODENDRON PJM RHODODENDRON 27 2-2 I/2'HT. �' 'r^ -..r'-�1 —6•-D'DEPTH.SETTLE WITH THORa)bH WATER SOAKING 9'BARK MULH IN S!NlCER — Y'•�; JG J)NIPEROUS CHINEN51S'5AR6ENTII” SAR6ENT JJNIPER 82 15-18'SP. PLANT SAUCER 4'CONTINIn" �7-j_ MIN. .. MO)ND OF 501L E CENTER LEVA OF PANT PIT TO SUPPORT -�" RED RHODODENDRON SOUL DE NEIGE' 'BOULE DE NIECE'RHODODENDRON 18 2-2 I/2'HT. FINISH yUDE BALL AT RL-QIIRED ELEVATION Sc,a1e: Drawing No. AMM i ' 93 18-24°HT. I6 ILEX GLABRA'DENSA' INKBERRY j�( - 1 1:-_ OUT REMOVE B.w,AP FROM TOP 1B aP WOMALL Dote: 1= , -PLANTING SOIL MIX:BACKFILL IN LOOSE LIFTS OF - ;- '-- b'-D'OEPM.SETTLE WITH TTIOROIkSH FUTERINb Job: 00-OT I' — MOLNO OF SOIL IN CENTER OF PLANT PIT TO SUPPORT PERENNIALS 1 T MIN. BALL AT REWIRED ELEVATION RF RUDBECKIA FUL6I0A BLACK EYED SUSAN 200 #2 POT DECIDUOUS TREE PLANTING AND STAKING TYPICAL SHRUB PLANTING Drawn: GGA aP OL HEMOROCALI5 YCE CARNIVAL' I DAYLILY 200 02 POT 1 3 Checkdd: -- SCALE SCALE E:KM NOTE,PROVIDE HEAVY BROOM FINISH I8'-0" -______._-____-� I'-0"TYPICAL ON RAMP AND 5117E SLOPES OR A5 NOTED 2' 2' PAINTED STRIPE PERPENDICULAR 70 FLOW OF -- / f �BIIVMIIlOU°CONCRETE _ TRAFFIC ROADWAY(UNPAINTED) SCORELINE 4'AIDS STRJPE LINES,TYPICAL m 10'X 6'X&REINFORCED —� _ PRECAST CONCRETE Huntress Associates Inc. TRANSITION __ 1_6"__ - _�_TO WHEEL STOP. f CB TYPICAL PASSENGER SEE DETAIL FOR LOCATION - _- ----- — i = \ EAR ACCESS AISLE 5 i/2' $ Landscape Architecture&Land Planning 1-117 RE2'-6" U5 17 TewksburyStreet s-0' JGRADE LC- �-WHEEL STOP •Y 8' m, • •� F MPAG 17TE GRAVEL ��- g Andover,Massachusetts 01810 FACE OF CURB � PARKING YPIIAL HAAcIs ---�- ,• ° 11 978 470 8882 FAX 978 470 8890 ROADWAY x- 3 7. �'I 7- t-33 8.0 a q•C, NOTE. 8-0 0- 3 B.I m .�° ��• f{° ' ! R-4-0. I � 0 I. DIMEN510N5 SHOrU1 A7 EDGE OF ROAD ARE FIXED. y I �a •b O ° SIDEWALK 2.RAMP CRO96 SECTION TO BE THE SAME AS ADJACENT SIDEWALK; AISLETYPICAL VAN ACCESS LND .1=, I. �, CURB,TYPICAL - 12.DEPTH OF%RFACE AND POAT1011 °' y � I/2'REBAR DRIVEN INTO 5.NO RAMPS TO BE PLACED BEHIND STOP LINE. -� BITUMIN005 CONCRETE 4.DIMENSIONS ARE°a.BJECT 70 CHANGE IN FIELD.ALL SLOPES AND COMPACTED 5UB6RADE PAVEMENT.115E]PER a�- �CURB OR PARKING STRIPE,AS NOTED. WEEL STOP,PLACE I DIMENSIONS TO COMPLY WITH ADA REQUIREMENTS. 6'(MINI FROM END. \—PAINTED PARKING SPACE STRIPE CURB CUT AND RAMP HANDICAP PARKING SPACE LAYOUT PRECAST CONCRETE WHEEL STOP �� PAINTED CROSSWALK/PARKING SPACE STRIPE SCAIE N T.S G SCALE 1'•10-0' t7 SCAIE N,T.SSCALE NLS -_ W.50. TOP ANCHORBOLT,TYPICAL, O ANCHOR BOLT LI SHALL EE DETERMINED BY LIGHTING 1 STANDARD MANUFACTURER. O O I•MINIKJM CHAMFER TYPICAL,4 SIDES LAN F ANCHOR BOLT SPACING SHALL LI6NT POLE Project: BE DETERMINED BY LIGHTING L a STANDARD MANIFALILRER I" .''�1" POLE BASE AND COVER < DOUBLE LUMINAIRE �I"MINIMUM Messina's a I'CHAMFER HEAVY CAST ALLMINIUM FRAME _n- �-SIN6LE LUMINAIRE i WITH POLYESTER ----- 6ROLfIDING LUG LIGHT POLE,SEE SPECIFICATIONS PONVERLOAT FINISH HEAVY LAST ALUMINIUM Shopping h\O FRAME WITH POLYESTER POLE BASE ` pp•'n9 Center A POWDERCOAT FINISH I"CHAMFER I" ' I'MINIMUM .y a \- FINISH GRADE FINISH GRADE f ALUMIN)M POST - COMPACFED SUB6RADE ALUMINUM POST —\ -1I �' '� -._',I�COMPACTED 511B6RADE North Andover Massachusetts WITH BLACK VINYL nCRruc FINISH 111= ;III �� Y°: f Ill WaoRnc FINISH -!III- ,i-11i ANCHOR BOLTS AS REQUIRED ,� ,LI ANCHOR BOLTS A5 REQUIRED j BY THE MANUFACTURER —� i ::�' _ BY THE MAXUFACTIRER CONDUIT,SEE SPECIFICATIONS Drawing T tie: CONDUIT,SEE SPECIFICATIONSi- •i S2 —* Site Improvement E REINFORCED LAST-IN-PLACE �„ "' REINFORCED CONCRETE BASE CONCRETE BASE >---/ _30— I :--. { Details 1 06 BARE COPPER 6ROUND,EXPOSED SEE DEBASE CONCRETE FOOTING AND a o - r ITAIL#b ASE DIA, 14'BOLT N5 BALL AS DIRECTED BYCIRCLE MAN)FAOTIRER _ IN 501E FOR 6'MINIhUM FLUSH BASE AT CONCRETE FOOTING BE "I SDETAIL N6 ELEVATIONELEVATION- I 1e'oiA _y I LIGHT POLE- 'A' PRECAST LIGHT POLE BASE- 'A' ���LIGHT POLE-'B' PRECAST LIGHT POLE BASE-'B' .�sPCHusf'U SCALE K SV SCALE 3/4' SCALE 3/4' t'-0' �0 N0.13TSQ�P�. FENCE SHALL BE STEPPED IN REGULAR INTERVALS AS o,�ANDSOPo• REQUIRED TO FOLLOW CONTOUR OF FINISH GRADES; COORDINATE STEPPING WITH LANDSCAPE ARCHITECT. e'X B'SPLIT FACE E BEVELED CAP WITH / GRANITE POST,SET PLUMB. SIDEWALK 9,p. 8'-0"O.C. I 1/1"x 1/2'TRIM 1'X4'CAP RAIL 8"X5"GRANITE POST,SEE DETAIL. 4'X 4'WOOD RAILS SCREWED TO 5/6'FLATTENED IRON FASTENER T 8'-0.O.C. 112'0111 Pp i 1/2'DIA.X 3'DEEP DRILLED HOLES 6.0 1 1 1 < m IN POST FOR FASTENERS.(TYP) N RBVI51on Data 1 i I" I I I � I —5'x5'POST 1/2•SOARS TRAN51TION CURB �-VER71C01—� END CLEAT it RAMP STARTS AL N j II � i lI ii1I :I _ I4'RAIL, :DIAMOND SET . I:, AT TANGENT F1151 'TOP AND BOTTOM RAIL. I SEE DETALI S,SHEET L-9. 6•VERTICAL wRs 2'z 4'TOP MID CONCRETE FOOTING NOTE: AND BorrdH RAIL. I_;I,= 1,RAMP CROSS SECTION TO BE THE SAME AS ADJACENT 51DEAALK; I;I-1111- -11i'I E.vEPm aFAcc ANv F0.IIDATION. - - -'I;I z _C,7] 2.DIMENSIONS ARE SUBLY TO CHANGE IN FIELD.N1`GAPES AND Stole. AS\G'EG Drawing No. -* SEE DETAIL RI FOR ADDITIONAL INFORMATION I�I � -,1: DIMENSIONS TO COMPLY WITH ADA REQUIR6mENT5. FOR CURB MATERIAL AND PAVEtffNT MATERIAL,SEE LANDSCAPE RAH Date: .16.0' 1 FINISH GRADE .PROVIDE HEAVY BROOM FINISH ON RAMP. Job: 00-01 L-2 2 I ; FOR FINISHING "• Flle: oR-vp r - - SEE SPECIFICATION5 yV_ i 9 6'-0'VINYLFENCE - ELEVATION 10 GRANITE POST AND WOOD RAIL FENCE ELEVATION Vlj � RANIT POST AND WOOD RAIL FENCE DETAIL 12 CURB N ST AND RAMP-TYPE B G d OP 3 1 qg PROVIDE LICHT BROOM FINISH CONCRETE WALK 8 4 FERPENDICLLAR TO THE TRAFFIC. MATERIAL VARIES- DUMP5TER PAD 12' 6' FLOW UNLESS OTHERWISE NOTED , +3 REBAR,O'COVER,TMP. SEE SITE PLAN EXPANSION JOINT WITHED FILLER. RECESS FILLER I/]'. PROVIDE Inc./ CONTROL JOINT FLUSH GRANITE CURB,6'WIDE JOINTS AT 30'M CENTER MAX UNLESS NOTED. Huntress Associates,I PROVIDE EXPANSION JOINT WERE PAVEMENT 6'X 6',WI.4 K WI.4 WIRE MESH AEUT5 5TRUCTURES,VERTICAL SURFACES. BITUMINOUS CONCRETE PAVEMENT GRANITE CURB REINFORCING,]'CANER,TMP• � AND A5 NOTED.SEAL ALL E%PAN510N JOINTS Landscape Architecture&Land Planning FINISH 6RADE 6s� 6' WITH APPROVED WATERPROOF SEALANT CONCRETE PAVEMENT -� �� 1'R FINISH CRAVE I� \ FINISH GRADETOOLED CONTROL JO NT SMOOTH NT 1/4 TIMES THE DEPTH 17 Tewksbury Street MATERIAL VARIES, OF THE SSI.AB,WITH 7 WIDE STRIP ON SITE PLAN a e de9p b°.41/•• ° •� °•� _ �—EACH SIDE. LAYOUT AS INDICATED ON PLAN. Andover,Massachusetts 01810 f o ��+p� o e . CONCRETE PAVEMENT 978 470 8882 FAX 978 470 8890 O.a,..i °CGL 4osmp °• m a°•4a0 ° ° A 6'W,1.4X1.4 WELDEV WIRE MESH �"' �d°• �6••' _ w�tl� COMPACTED .�.I: eO aS' ° 0 9° REINFORCIN6.3'MINIMUM COVER. Q•6' - 0 :� 4 00 dR.°6• 6RAVEL BASE TJ s0 CONCRETE TO MEET PAVING III- e044 - (C II I '� a Q • • 'bO -^ COMPACTED GRAVEL BASE b PROVIDE CONCRETE AT FACE 0 0 O°°b O d s IMPACTED GRAVEL �.v Ifs TT�ITT�T OF CURB BELOW GRADE I - _ �r_J = LE COMPACTED SU06RADE .I -i �_�, IhLI— COMPACTED W56RADE 1 = Ir HII =_ 6' COMPACTED SJUBSRADE _ 80" COMPACTED SUBSWE —�_--i COMPACTED GRAVEL BASE MIN. VERTICAL GRANITE CURB INTEGRAL CONCRETE CURB FLUSH GRANITE CURB CONCRETE PAVEMENT 1 s�,•.,'-o• 2 scuF ,•.,-o• 3 ,•.1--r4 scuE n Ta �. Project: 1 Messina's Shopping Center I Nord,Andover,Massachusetts Drawing Title: ORNAMENTAL LIGHT POLE SPACING 42'-8" TW Site Improvement Details c°O,�pSSPCH NUE' F <--ORNAMENTALLIGHT POST(TP) c - • cxi 40.i�AO QQ= '9F0(AN05CIP�O I I Revieion Date E 8'-0"O.C. '. SHRUB PLANTINSS,GEE LANDSCAPE PLAN B'XB'GRANITE POST,SEE DETAIL. 4'X4'WWD RAIL(TYP),SEE DETAIL. i > ,�' Scale: AB vo`E:P Drawing No. a I D� O.I S.D,0 07 L-3 2'-0'(TVP) File: —E—F 5 LIGHT POLE AND FENCE ELEVATION ON MAIN STREET AND FIRST STREET Drown: Cr— OF SCAM U.S. cnec va: 3 C ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - or-0't - - 37 6' 40-C 201-0 C i i H.H. Morant & Co., Inc. Architects !A B-4w ' 371 M-blytw#b g `1�,1/uw►wtb /WWW3 Retial Spare 01 I I (978)744-5354 Retail I Retail I Retail Retail Retail (979)748-9161 Fax Spade 02 I Space 03 I Space 04 Space 05 Space "6 v `�"iD` I I ; -- --- --- 1.b Nub-: L.s -- hhm 06-113 — MW — i January 11, 20mro Ns BW R"w. Br. Proposed Retai Space ; I I I L — — — — I �1 Project u0 n Messina's Shopping Center Renovation Project C i I I I b II I San Lau Realty Trust 109423 Main Street b I North Andover MA P oposed Reta I Pharmacy I I I b 7- 7- I First Floor Plan fi� eD ARD s i�o.5294 m ,� ————————————— ———— --- J _ iig SALEM, C i n MASS. ODnp Na6�r. �t - ; First Floor Flar, l/lro° = l'—O' 1 hhm 06-013 C10/06) ni - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1� Morant &��.Co.,»Inc. H.H. Architects ra a-Alm 01"l-mm (978)744-5354 (978)748-9161 Pas ce..am�c Off Space el —_ Office —7K Office p Space 02 Space e3 L Jeb HpM January 1-1, 2m(d 0 Project: ' Messina's r Shopping Center L Renovation Pro,lect �— San Lau Realty Trust lOS-123 Main Street North And ver MA Proposed Pharmacy ' Storage Second door Plan i �pASA�Q I I , IST L -- _ 0 No.5294 S +� ; o�w�p ewr i SALEM, MAS!, . il 2 .. v a v - - - - - - - - - - - - - - - LJ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - hhm 06-fD13 110/(D6) L7 - - - - - - - - - - - - - - - - - - - - - - - - - _- - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Asphalt(Architect Series)she e6 -Asphalt(Archtect Serie)Shingles - - - - - - - - - - - - - - - - - - - - - - - - - - - - - synthetic Rake Moldings 1 Fasces synthetic Rake Moldings t Fa-ca _ Archvtecturd Lighting - - ' ' Fixed/ able IlAndawe as ' ' Architectural Lighting Fixed/Operable Uhndowe as Shown 1 Opti Show _ -- 12 10 12 t2 ®®®® -- —— — —— — —— — H.H. Morant alt Co., Inc. Architects .Jo.Bm 44W 121 Maa►lyro�t6aal �r. PreFirvehed GI oerd g�{n�w/ ntheUc n Prefmlehed G oard s ci w/ Bb�ds tt W synthetic Tre and Style T91h gbarde 1 Wm Synthetc Traditional Style T ; Panels 17 SuntheUc Round Columns Panel- 17)'%Z tic Round columns W/ eeorry Bases w/ aeonry Bases iylStorefront iE�sameront En 'eas s Sown (978)744-5354 Elevation 1/1(0" 2 elevation 1/1lCJ" 1 '0 1 (978)748-9161 Fax n -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _i i _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Asphalt(Architect Sense)Shingle- Asphalt(Architect Sense)Shingles i Synthetic Rake Molting-t Faeces , , Synthetic Rake Moldings t Fascia J i Fixed/Operable Undows as Show Architectural Lighting /-Fixed/Operable Windows as Show xmw. iJob Archtectural l Lighting � hhm mho-113 ®® �® e ® � ® i January Il, 2006 m x. t.r. K-i" or. II — g� Preflrnhed c and Skinq w/ Preflnehed C oard S cY w/ hatac n , W=Nl-s tt`W�n SynthsUc Tr l styls T191h ' Synthetic Tre nal Style Tr1 e,ds t LUM ° — ' Panels 17 oth Baound columns 17/Ma�cBR and columns Pansle ; rry rr rry r !vu A e ae Showntorefront ' ' _ _ !E A e as 9haioStorefront — FT - - - - - - - - - - - - - - - - - - - - - - - n-4 - - - - - - - - - - - - - - - - - - - - - - - -Elevation, 1/1ro11 = 1'—�II - - - - - - - - - - - - -1 Elevation, 1/1(0" = 11-0" 1 I — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I Project Asphalt(Architect sane-)ShinglesMcSSlna'S Synthetic Rake Moldings t Fasces Rxed/Operable Windows as Shaw, ; Shopping Center vee Renovation Project Architectural Lighting �� � No.5294 ® M o SALEM, � San Lau Realty Trust q p 109-@3 Man Street 9 �v MASS. , i North And ver MA S�ynn Metas ccTTrad 17nthetic Round columns and Ma Doo>e � w/�asorry Baeee New ExroUn New Maeorry Wall � Elevation, 1/1(o" = 1'-0" Elevations r Jr i _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - _ - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ - _ _ _ - - - - _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ - Asphalt(Archtect Serie)Shingles Synthetic Rake Moldings t Fas-cia Fixed/Operable Undows as arde t Su , Panels , in ® ® ® ® ® ® ® ® h ' tad. ® ® a+�1+s NOYr. siclina Syr%khe�tic dTradltror al 5 yle Tr n W/ New Masorry Wall N� Exbtan 4 Entrys�ae Shown Storefront ' 17 9Mynthetic Round columns A2 . 1 UUU w/I raeonry Bases ISI- - -Elevation, l/11011 = 11-0I' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I� hhm 06-013 (10/06) r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -= M1r a�w4...widir - tl yq.irr - - - _ _ _ _ - _ _ - - _ _ _ - _ _ _ _ - - - _ - _ - _ _ _ - - _ _ - - - - - - - - - - - - - - _ _ - _ _ _ _ _ - _ - _ _ .se ya.eraxr.ww�. qe'' 4va9+•"•aW � aepw y.sar...L�•�r�r•r9r"y°'�B•' pw tVar• �'W VAS. rY.ar..atpr.rtw e4W ViPaaW.d,.mr..wpr.rtwgW ya.� argw yw.>.aaw.•tru Ato.bY APV�9+��4•' �4 .sgwr a.aaw..wr.rr RTa q��.lv' un.,..r rnbr.rr.saar..wm Vv�9'^�'W r gy��„wrr.rpr.rtwpW ar.xai . nrau orgrly MESM—: . nrac o.rpny� n,�,e,pq.�.nrraya.rtwgW u,pa<V4 rJ mr.rp.I.rt.uN^Wa+ u�.M�.py.a rtr or.en , arca nsgW rwe4W nurprg, tN.tMl . arae .errrpW oa.Tn . arao aur *aetwn.ta�yav .aw raW•nen xtra.q..ya4 T°u4R q..yay. .reeptly.tw recon q..yxp rw tpq.prr yay. .nrerp W.ruralya.qr.ya.,t. roar 4/i��r�V .mrgtq,.erre at.rr ma qW aurpW pW axr2 mu prr y+.,uara.wat,.t�.Vv q�yaar•' tLv.f ae�..rr.tra�..Y.W.r�1.pW p..ya4 p�^ya.T aexel p..yap .nwgny•Iurnto.u.pw yap. ran par yap ' 'Loco-4 D.— fEuW Lordhon/Accrox Dnlwwond Bafrq n'rnR 4v r.l.nm.a4x`•rtwgW P_P a�.a4x`•rtwpW 4a q�^T^aa. •nwq W•nw.�u eIgIIys x Ni Nng lar*t (15 L" �g�e ar Nei Nrxg Lor<Inn(BDdJ) k4�W , arau .ar p p, q W aT.la� .ur q W �ocel,oa 1 q�p Lylsron d[yq 7.0 x 7�•) <apNrox.Bee•T�'x 7-0'19prg1 .raaav4�ary •au►p.Iy.tion atrrr pr. roar .aur ser.rrr •Ns?rrg loctlnn fItD�U) Locd,a,a pyprooc Dnlrorl d Eo4g laud l�wl !mr.74 x T-0•) 2 8grg�a Nil Larel,on MD NJ' L.oration a !!(cull d�a�Iq 11ra�Roar Level taPp^��Bae•7�C4.tyre W =-111.ll Nng Lorelxx.1.11 0 Lo-*—4 7-v x 17-0)kwL!L Z —Laf) ' ® LMIon..Level ® ®®® ®® H.H. Morant & Co., Inc. M Architects PIM 5.4W =MrrNratae/beet a,L.-,Ireelelerwu W/F=U] o 0oas oar aro a o an per, , gyp _ - - - - - - (978)744-5354 -I JJ (978)748-9161 Paz r 1 North-!.lest Elevation (Parking Area), 3/32I = 1' (-0- 7t-vx7-v) p-4m.• c...1� r - - - - - - - - - - - - - - -9pace 06- (224 Square Feet x 20%of Area=449 Allowable signage Square Footage) - - - - - - - - - - - Space•1-Parkra Lot Elevation-(306 Square Feet x 20%or Area=61.2 Allowable Signage Square Footage) - _ - - - - - _ _ _ _ _ _ _ _ _ _ _ _ T (Approx Signage Sae) x (Number or&gm)=(Total Sq.Ftg) (Approx.Sgnage Sae) x (Number or Sans)_(Total Sq.Ftg) (7-0 x 10-79 x a Total =(2019 Sq.Ftg) (?-V x i0'-7) x (3 Total =(60.81 Sq.Ftg) . 12019 Sq.Ftg) (2029 5q Fig) ,w f24� ��n�I?-V) x Q Total =(24D0 594 Ftg.) Total SigrLage Square Footage =(6091 Sq.Ftg.) <61.2 ALauable Square Footage < hhm m6-113 Total Signage Square Footage =(4419 Sq.Ftg) < 449 Allowable Square Footage � Atpf'��� Deter yF�9 01/17/07 x $ a ® ®® ®®® ®® ®®® ® ®® ® ®®® ao>r q y SALEM, .5294 Sl i _ ii \ MASS. -ITaN NT ' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _l- - 1 pQ.'mc perelwl d Bowg _ _ _ - _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _L alwl/AKp 7 De—d�9 _ _ _ _ _ _ _ - - - . n i��d� _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ sc�le�n�Nau._�g mLor=al,ort�A�er) Bgle�e�Naa.7 a itn� ea. 7� S•r) _ [_21 North-East Elevation (Farkin Area), 3/32" = 1'_O" 1 J r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -; i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Project:5nace r1-Street Elevation-(369 Square Feet x 20�of Area=139 Allowal�le Signage Square Footage) Messlna's (Approx signage Sae) x (Number or SLgno)_(Total Sq.Fig) Shopping Center (7-0'x V-7) x (3 Total =(12.99 Sq.f-tg) , �„xE Renovation Project (2433 Sq.Fig) Total Signage Square Footage =(12.99 5q.FtS)< 139 Allowable Square Footage ®®® ®® IND I I 509-Lau 123 Man Street North Andover, MA ` 7pHIM 5 ' Looatun 1,approx.pes�on d Faabg Lord4on 1 dCplvc Llrron d Eolxy I , tai �v , •N' -7-0 Z a-7)Is M 1 N7-0ngx 17-7.e -7.e p -1 F31 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ - - ---U_) _ _ _ _ _ _ _ _ _ _ _ - ' I I North-West Elevation (First Street, 3/32" = 1'-0" I � I ————-7 ( Partial signage A I m 2 I I r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — Space fl,Npper Levei Street)(1534 Square Feet x 20%or Area=23.01 Abwable Signage Square Footage) I I I I I I I I I I ( I I I I I I I I I I I I 1 I 1 (Approx$$nage Sae) x (Number of Signo)_(Total Sq.FW 1 I (7-0 x I-&) x a Total =(22-00 Sq.Fig) J (22.0m Sq Ftg) _3 1 I Total signage Square Footage 'I =(22.00 Sq..Ftg) < 23.01 Allowable Square Footrge I Space�(Street Elevation) (16.34 Square Feet x 20%or Area=23.01 Allow q Signage square Footage)' ' FIRST STREET N m $ ®®® ®® Q]LI1 ®® (Approx sgrage Sae) x (Number of Ngra)_(Total Sq.Ftq) -—— As Noted " (7-0 x 1-0) x 0 Total) =(22-00 Sq.Ftg) i m,ks Pe.er: 's (22.00 Sq.Fig) Total Signage Square Footage =(22.00 Sq.Ftg) < 23.01 Allowable Square Footage i i ,, I Dreon d location p�prcac Dttreutl d�trq � �) atlMiAregLorationfTtIDO�ar) ; ; � _ ; A2 , 2 ( .Bve•7�' _ _ _ � _ _yyerleml tNeet 1 41 North-East Elevation (Main Street), 3/32" = 1'-0" 1 151 Site/Locus Flan, 1" - 50'-0" J - - hhm 06-013 (10/06) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - H.H. Morant & Co., Inc. Architects F.a Bu 4485 a,l�101rN-3b 91"0-3933 —oil ' •J �[/ 1 (978)744-5354 (978)746-9161 Fax ca.wW.m 12 hhm Oro-113 DO i February % 2001 K. D- R-W- Dr. — MEWINDS - - l8hoppin8 Centre 109 123 �1ain &reel i +� Fro*t Messina's Shopping Genter I I I I I I Renovation Project II II II � II II II , I I I I I I San Lau Realty trust I eet North Andover,MA II II II Optional Corner Pylon Sign Elevation (Scheme aU g4. Ll 1/4" = 1'-0" nNo.5234 D,..w w—►.r o Sp�EEVI, A1 . 4 TOptional Corner F� lon Sign Elevation, 1/4" = 1'-O" 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -® - - - - - - - - - hhm 06-013 (10/06) pORT#j Q�4T.a0 r6q~0 0r Town of North Andover Office of the Planning Department Community Development and Services Division 9SSACHUSEt Osgood Landing 1600 Osgood Street Building#20,Suite 2-36 P(978)688-9535 North Andover,Massachusetts 01845 F(978)688-9542 Tine Messina San Lau Realty Trust 109 Main St. North Andover,MA 01845 September 22,2008 Dear Ms. Messina, According to the North Andover Zoning Bylaw Section 8.3.2.c.i,Waiver of Site Plan Review,your request for a signage changes at 109-123 Main St,will not require an application for Site Plan Review. The waiver request is granted based on the following information: • The proposed sign changes on the North-East Elevation and the North-West Elevation of 109- 123 Main St. do not constitute a substantial change to the original Site Plan Review Special Permit,permitted on May 1, 2007. The signs proposed are in conformance with the town's Zoning Bylaw, Section 6. • The two additional signs that will be added to designate the building's correct address are required by the Fire Department for 911 purposes and are also in conformance with the town's Zoning Bylaw, Section 6. If there are any questions,please let me know. R ards _ C! i Judith Tymon, Al� Town Planner cc: Jerry Brown, Inspector of Buildings BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town Clerk Time Stamp f 10RTIr� I ED T VARIANCE TOWN OF NORTH ANDOVER 207 FEB ( S i'i'i { I ZONING BOARD OF APPEALS NAME: San Lau Realty Trust H,0'RJI Na"l + !:: ADDRESS OF APPEAL: 109-123 Main Street (KIOSK) r1 " � `J`I I 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 rl 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: The petitioner should appear in his/her behalf, or be Board of Appeals for a Finding. All information as represented by an agent or attorney. In the absence of required in items 1 through and including 11 shall be any appearance without due cause on behalf of the completed. 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 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. li."Ai111t1littlltiTiYilifiYl3t73it7lllti3l(Ii1211if771ittitTitAfl3iYt�i�itlltiili7iiliiitlll�iit37��iitii�iWtiflUitfY71i1Iii�Yiiii�111IiSgi3AlClfititCiuhlAiisiiStAltiY�iliigifitiili�i�lliYUUU IMPORTANT PHONE NUMBERS: L, 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 �"1 O M C E P m PAGE 1 of 4 DFEB 15 cuur BOARD OF APPEALS PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE v 1. Petitioner: *Name, *Address and telephone number: F 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. LJ 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 MainStreet, Suite 2E, North Andover. Massachusetts 01845 Tel. (978) 686-8683 Years Owned Land: 38 Years r 3. Location of Property: a. Street: 109-123 Main Street Zoning District: General Business (GB) a. Assessors: Map number: 29 Lot Number: 48 'J b. Registry of Deeds: Book Number: 1122 Page Number: 403 n 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 Ar8.4 (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. �y 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 11 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 i + and will not involve additional items not included above. F 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet L 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 L 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 `j located within the GB Zoning District. Ell n LJ Page 3 of 4 " NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C E -ft"I WMAKI ANION Be 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. f) 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'** L *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 r� Square feet Floors Sq.feet Building* of Units** i 42.580 s.f. 2 <35'. 50.213 Retail, restaurant,grocery. j1 service and professional office N/A f 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** H 42.531 2 35'Max. 52.405 Retail, restaurant,grocery. service and professional office N/A E 4.131(1). (2).(5)&(7) 'J *Reference Uses from the Zoning Bylaw&Table 1. "*State number of units in building(s) j� 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 the Zoning Board of this application as incomplete. San L al Trust F1 Sign tureTrustee Type above name(s) here: Anne M. Messina Trustee n c 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: L, 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 rl the North Andover Zoning Bylaws. All points,A-C,are 2. zoning district(s) v 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 Plan6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall be applicant, owner of record, and land surveyor. 4 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 rl Architect may be required when the application be required involves new construction/conversion/and/or a proposed change in use. 11. APPLICATION FILING FEES 11.A. Notification fees: Applicant shall provide a check 10. A. Major Projects 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 L, 10 C. features, that the plans show detailed utilities, mailing. soils, and topographic information. 11. B. Mailing labels:Applicant shall provide four(4) *10. B. *Plan Specifications: sets of mailing labels no larger than 1"x2-5/8"(3 copies `-' 1) 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 . ,_► I1) 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 rl date.. III) Plan shall be prepared, stamped and certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional C TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS L� n APPLICANT/OWNER: SAN LAU REALTY TRUST PROPERTY: 109-123 MAIN STREET (ASSESSORS MAP 29,LOT 48) MEMORANDUM IN SUPPORT OF PETITION FOR DIMENSIONAL VARIANCES L 1. INTRODUCTION The Petitioner, San Lau Realty Trust, is requesting certain dimensional variances to ,ri enable it to undertake renovations with respect to the Messina's Shopping Center. Specifically, the Petitioner is seeking relief from Section 7.3 and Table 2(Summary of Dimensional Requirements) and Section 8.4(Screening and Landscaping Requirements for Off-Street �t Commercial and Industrial Districts)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 to enable the Petitioner to construct a kiosk of approximately 208 s.f. in size. 11. BACKGROUND f tSan 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 L Marchionda& Associates, L.P. (the "Existing Conditions Plan"), attached as Exhibit E. The Property is designated on the Town of North Andover Assessors Maps as Map 29, Lot 48. r 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 L and proposed retail, restaurant,grocery, personal services, and/or office uses are permitted by right under the Zoning Bylaw. 1 ill. SITE HISTORY The Messina's Shopping Plaza has historically operated primary as grocery store 1n 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-1.980's, San Lau undertook permitting and obtained approvals for L a major renovation of the facility by replacing the Mister Donut building with additional retail r? 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 C �► operator renamed the store as Lembo's. In late-2006, Lembo's abruptly ceased operations. The 1 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 11 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, L, 1984)(the"1984 Variance"),- Zoning Variance Decision (Petition No. 91-88), dated October 1.6, 1987(the"1987 Variance"). As part of this Petition, the Petitioner is also requesting that the 1984 Variance and the 1.987 Variance be superseded by the variance relief requested in this Petition. r� LIn 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 L 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% r 1 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. ,f t Much of the existing structure (which remained after the 1986 Renovations)is obsolete and is no longer functional. As a result, these pre-1.986 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 L below. 1V. THE PROJECT Consistent with the objectives identified above, and in addition to the proposed renovation project described in a separate variance petition of even date with this Petition, the replacement of the existing ground sign with a new 208 s.f. kiosk located at the corner of Main Street and First Street, along with signage and other improvements as shown on the Site Plans. The site layout, architectural, landscaping, and other improvements as proposed (the "Project") are shown on the Site Plans attached hereto as Exhibit E(the Site Plans"). Based upon the Building Inspector's denial letter, dated February 14, 2007 (the"Denial Letter"), Ld dimensional variances for setbacks and off-street screening and landscaping are required from the Zoning Bylaw. A copy of the Building.Inspector's denial letter is attached as Exhibit C. } fl n u C V. REQUESTED VARIANCE RELIEF AND DISCUSSION ij A. Requested Variance Relief Specifically, the Petitioner hereby requests the following zoning relief, as more particularly described in the Denial Letter, which is under: (a) Section 7.3 and Table 2 (Summary of Dimensional Requirements) -- Requesting front yard setback of 6.3 feet(and 3.0 feet for roof line overhang)from Main Street, and 9.0 feet(from First Street) to allow for the construction of a kiosk where 25 feet is required; and, (b) Section 8.4 -- Screening and Landscaping j�1 Requirements for Off-Street Parking—Requesting a variance from Section 8.4 to enable the L, Petitioner to install landscaping, screening,lighting and other improvements as shown on the I^t Site Plans. L B. Discussion Section 10.4 of the Zoning Bylaw and Section 10 of M.G. L. c. 40A provide that the Zoning Board of Appeals shall have power to grant variances from the terms of this Zoning Bylaw where the Board finds that: owingcircum to stances 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 f without nullifying or substantially derogating from the intent or purpose of this Bylaw. IL 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 a variance under Section 10.4 of the Zoning Bylaw and Section 1.0 of M.G.L. c. 40A as follows: 1. There are circumstances relating to soil conditions, shape, or topography of the rl 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, upgrade and supplement this long-established use at the building by including the installation of a new decorative kiosk in substantially the same location as the existing ground sign approved by this Board in the mid-1980's. The �t proposed building improvements are proposed in generally the same location as the existing LL.. ground sign, and 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 `J Street. 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. However, the improvements shown on the Site Plans, including the Landscaping Plan, have been redesigned to substantially increase landscaping 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 rt L 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. 2. A literal enforcement of the provisions of the Zoning Bylaw would involve substantial hardship. With respect to the dimensional variances, the Petitioners' proposed improvements could not be safely constructed within the constraints imposed by the Zoning Bylaw. To comply with the required setback and landscaping requirements, the Petitioner would have to substantially reduce building size or eliminate the kiosk which would impact 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 it 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 the cornerstone of the Town's efforts to revitalize the downtown area, and the proposed kiosk improvements will enhance neighborhood aesthetics and would assist in establishing the standard for future redevelopment efforts within {-� the downtown area Third, although the site landscaping buffering requirements will not technically fall within the requirements of the Zoning Bylaw,landscaping 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, the Project will maintain generally the same number of parking spaces in and along the Property for generally the same amount of building square footage as currently existing. Therefore, the proposed Project will not generate impacts to ' existing traffic levels. Lastly, the Project will substantially enhance the aesthetics of 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 y kiosk as part of the renovation Project by making the.findings required under Section 10 of M.G.L. c. 40A and Sections 7.3, Table 2(Summary of Dimensional Requirements), and 8.4 `J (Screening and Landscaping Requirements for Off-Street Commercial and Industrial Districts)of the Town of North Andover Zoning Bylaws. Respectfully submitted, rr � I� San Lau Realty Trust r By its attorneys, hn'r.Smolak,Esq. Smolak&Vaughan LLP 820 Turnpike Street,Suite 203 North Andover,Massachusetts 01845 Tel.(978)327-5215 Fax(978)327-5219 L d H W x A W M6'nsina, t !tor!.:. Ano.over, Essex Cuun!v' Niru -1:us 5, �, hrn:,•Ja-mrruzi. tc�: ua,stdrratton paid,grant to the said Santo Messina and Laura Me 11 as _rusteas of SAN LAU REALTY TRUST, pursuant to Declaration ���ryryry o!' _rust dated January 8, 1969, recorded in North District of Essex Istr ^f Deeds, Book IIZ26, Page 3q'6 r to hold as RU51' 5 in accordance w!- . !,e: '- Declaration of Trust, tdx . :d: quitrluim ruurn:tttta lw ia,id :n tort-. Andover, Essex County, Massachusetts, at the intersection of Main Street and First Str@et, bounded and described as follows: f p�mr«prurreb aerae�+ennnF mfl itevinning_-at the Northeast corner thereof at the intersection of Main Street and First Street; thence running in a �1Southwest direction by First Street, 477.5 feet to a drill hole in a s•.one bound; thence turning and running L, Sout::easterly, by land now or formerly of the heirs of Elizabeth 1% an, :?10.5 feet to a drill hole in a stone bound; thence continuing in 1. ti,,, same direction by land now or formerly of Robinson, 56,5 feet to a Irill tole in a stone bound; tt.ence turning and running ?tort::easterly, by land now or formerly of Robinsons 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 wt.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 t::e t;orthwest sideline of School Street, 380 feet, more or less, to a Cr drill tole in a stone bound in Main Street; thence turning and running l� Northwesterly, by Main Street, 321 feet, more or less, to a drill Lole in a stone bound at the point of beginning. ` with an easement of passage, on foot and in vehicles, to 1 ti.e •irantees, their successors in title, their Lessees, licensees and invitees over a 40-foot square parcel of land, bounded: V Souti,westerly by land of Robinson, 40 feet; PNorthwesterly by land above described, 40 feet; Nor•ti.easterly by School Street, 40 feet; and Soutt:easterly by land ofNorth Andover Shopping Center, Inc. 40 feet. Being the same premises conveyed to me by Anthony J. Durso et ali, f1 by deed dated October 31, 1968, recorded with North District of Essex ' Nek,istry of Deeds, Book 1118, Pag -137. This conveyance is made subject to a mortgage to the Haverhill I Savin,-,s dank referred to in said deed and to certain leases also referred 1 to in said deed. L, There is no monetary consideration for this conveyance. F trusFrdnd-e Heid gr�tnr, -wife rairxw-ta maid-KraHtea-•i�{it,kr..-ei tenenev-in rile tertmT-and txl+Et-irnrre�tT therein. f 1 W"4-6(WrfC%M8r+ ei -hth January 69. 39itursr "li hand and 'cal this .. ........&V of . 19.. ..... rl �� �� �trntcrtaniuralEli p1 �uaait[�tte�its LI Essex, ss- January �� i9 x -net, personaiiF apj�catc,f tfrc afx�•.r . t ncci Santo Messina and acknowledged titre foregoing inumment tee i,,c his frcc AIJ .1114 decd• before rile .read - ti,.=,n r•,r;., 'i� f I %, rrs December ` tecoraert Jin , ^ , 'q69 3mr. est 11�.;�;, L, r Li n I1 r Lam' EXHIBIT B VARIANCE DECISIONS AND 1986 ZONING BYLAW EXCERPT r L L L� n I C C C .!�` ,;fln 1 �,�,+ '' ---- - - - - - ��` • - - . c�en be mea �- . .... aw ate '` y y. 1M1Ot Of flat e ! i I 'AGE(. .i tlta t]flica TaofnA " jots t4 s2 AN`� Toa14 OF Norm Ar[cOM txalc l a.' NAS 66AW Of mus NOTICE Of OOECIsloN ���1•�� Jtttti• 19. I9ea �.: F1 f 'F" trem��e...Vis-;e�........... x ��-s-..a• �.�� ��•!�� � � Jura•11 1 8 Hr. Daniel L ............................................ - Ton Office Nor ave Dear Mr. Lon ?11 ` pRmoitr aQeebd.109-123 Main Street............................................. v '' to dw above Paitba tnt•Varia6es Ero. tamed �i k4r y � The Board of ,,,:'�.•-? Sec7. Paragraph•7.3,aed T{able..z....................................... i { f Sect June I1, 8 a relief from tbe,aids„inA.lClst.YPLQ.IO!#teSk. Qf11re3oMtt (r3 The hearing e u to t>�t... { d 3 ! ............... f f M alloy_the,conatruetion of,an,pddit�PR.............. Hay 4 an mail. The f L Mai 1. T Es ee Mohan data ds florid d APPeati toted is..6raot...the � tti ckers on; fi .' ANet a Pudic heatms t ' Tye Petition � a�- ...... .. ..... rod h.ebs eethorite the BWTdiae b fin. - : - Paragraph 7. variance,... - - and rear yar i �te,_�atrµcL an.addi>:ton.la.the.Messina'.s.Mazke[.bttildloQ..•••• lz] gain St: - district.Edoaxi _ for the ooaahuctioo d the abam cork.bond W-the UIOKW a max _. - ; Counsel for That 4 foot high hamloche be planned and maintained t feet on Banter to allow Sar - - • : 210ti feet along the lot line abetting land N/P of 611 North al y- of the reml Housing Authority and 5631 feet along land N/F of Belly R. Realty- P build}ng the };; y are in a ca �"-' T'Ytb01f_'.f1T1t�=l�C7a T:ie side of - � _... proposed bui = Alfred,E:, Prisel}a,.Esq•...!!;aa. chair— I xne zoning i C.:. ...f.+ abuts a res: C-^-� illiata J, SullivanSellivan_ .... i 22 fact fror setback. Augustine V. Nidte.;pon. The present s i j •'.�/ •� Fns Walter F. Soule Years. The. abuts the R. {I' t'�_/ (.'•� i,./t�•� !tawcice S. PRevdof App" .Authority. IThe trustee. preve Eta d r ;: � j � ...-- -- • _ f area. r : � At - Y u LJ n L C C w toad 1. ' atttu the, .` s r AnY' scan ba met i �tnts Nottcaa «. ;_o �-'1• withM(T01 days aRc toe of the Tovme, 4^ -IRIS 0 u Af1'91 - .��� date of tttbng of Ift&Noec. V �• Im Moe d the Town , 'i TOtIYN OIr NOM'T?I ANDOYtIt r� x�,awowserrs • L _. BOARD OF APPEALS ` .. : 1--+ a,me ls, lana isa.{ Mr. Daniel Long, Town Clerk San Lau Realty Trust Town offiee Building 109-123 Main Street North Andover, Mass. 0184S Petition No. 3S-194 Dear Mr. Long. i ! The Board of Appeals held a public hearing on Monday evening, June 11, 1904 upon the application of San Lau Realty Trust. vaer,ts t The hearing was advertised in the North Andover Citizen on - May 24 and 31, 1904 and all abutters were notified by regular i sail. The following members were present and voting: Alfred Frizelle, Esq., Vice Cbairnan; William J. Sullivan; Aug�tins ,he Nickerson; Walter F. Soule; and_tauriee S. Poulds. n ! { The petitioner seeks a varcance from-the-provisions of Section 1, JIMA a iU Paragraph T.3 and Table 2 so as to permit relief from the side _ and Gear yard setback requirements on pt, as-located 109 - 123 Aain Street, located Mi the General Business MI zoning. - - - --- rCounsel for the petitioner testified that the variance is necessary an center - - 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 GII district and the rear of the premises abut a R-S district. n _ The side of the premises along First Street abut a R-4 district_ The proposed building will be located 32 feet from the rear lot line. ice Chairman The Zoning By Law requires a 50 foot setback when a business district L abuts a residential district- The proposed building will be located 22 feet from the side lot line, where the my yaw requires•a 25 foot setback. i She present building has been situated in its position for over 20 years_ Thera is greenery on the rear lot line w,yere the property abuts the R-S district, being land of the North Andover Housing 1{ Authority, The trustees of San.Lau Fealty Trust wish to help North Andover in- prove its downtown by upgrading the appearance of the buildings in the area. -- L_+ r� � _ r L_j is+11�: a auto.r v- . . 11 �k 174 1' r Lau creat 4� Baa Realty _ L 109-123 Main Street s a • g 4 Yntition'i#v.. 35-'94 C June 19. 19x1 .SAI ItJ ,�321U1' _ SNF 2 �l page : e roulds and see-dad by mr. Sonia ARM L.f Upon a notion sada h7 yi Board rvted unanimously to grant the variance subjai:t following condition# ' �il 1. Shat 1 toot nigh berlodrs be pleated and maintained 7 inaltos , a. center 2101j.feet: aloag the lot lira 'abutting load Sur e4�e � , �fi��• � t Borth Andover Sowing Authority and SO feet alamq Taed.lVr eL u m� r C ,j, 1 rally R. R8alt73 a 3 Sa granting the variance. the BoarQ hada that 9ectJ-an 20.1 the { EcLinq By Sar has been satimfied. In particular. the Board l a"cb a o..iaq !e the size and shape of the lots a literal anfoecewnt -� 7 i i 41 of the Previsions of the Lav vou1Q create a hardship of the 'T.n Offk I BY �'� Tom Of f lce E petitioner. She board further finds khat desirable relict say be North Andovea { +i granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose bear Mr. Lonq .�I of the soning By Lev. . •; - At a regular sincerely, the North An( the decision I BOARDIOF APPEALS Realty Trust were present azi --�•:-.� I Alfred R. Priselle. Esq.. _--_ Maurice S. Fi C _ Yiee Chairman Upon a morin Board then r words -and 5 (plan to to11wL r _- attic office.: 14- office. 7N#M4f Cal I ♦ i i cc Appiican Atternev -� Parties Building I Aszessoe 1 � _� _—_ ---- _ •_Recorded An Y _ v r' r L M L C L, 175 ' - _. ,.a • .• Aior e�oaal s�he toed ? •�-"! d"' E"of MW of In the Colon Oi the Tows ' 1•� AL Il t is?x 194 CklL TOWN OF NORM AtM4wQ � soAM OF APPEALS I .t on i the Y: July 17. I9g4 the z finds - cement F�lhe Mr. Daniel Long. Town Clerk San Lau Realty Trust ay be Town Office Building 109-123 Main Street without North Andover. Nass. Petition No. 3S-184 purpose Dear Mr. Long: ( � At a regular monthly meeting held on Monday evening, July 9. 1984 ` the North Andover Board of Appeals voted unanimously to reconsider the decision rendered on June Il. 1984 on the petition of San Lau Realty Trust, being Petition No. 35•181. The following members Mery present and rating; Alfred S. Frizelle. Esq.. Vice Chairman; Villinn J. Sullivan; Augustine K. Nickerson; and Associate Member � 4•. _, _ Maurice S. Foulds. Upon amotin made by Mr. Nickerson and seconded by Mr. Foulds. the Board then voted unanimously to emend the decision by deleting the -- -' words '+and Sb I/2 feet aleag land N/F of Kelly R. Realty." -" - — - Kindly attach this ameadmen{ to_thg•declstou on file in your _ office. u _ Sincerely. MwiihCuaemeaeid��eai BOARD OF APPEALS cL =3 u A i Alfred E. Fri elle. Vic* T e Iu :: s+•C. 1 cc Applicant Attornev !,^�• Parties in Interest •� Building inspector w ,,y�•� Assessor ' N:•�qR ` Recorded Aug.28.1984 at 3:28PH /16354 r rz L . �w n - ' s v a,,,..r'`t5 4SOCT .S Sit Li CTOWN OF NORTH ANDOVER MASSACHUSETTS n L, BOARD OF APPEALS L; Sanlau Realty Trust 109-123 Main St. Petition #91-88 n North Andover, MA 01845 * DECISION i.� 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 L, Serio, Jr. , Chairman, Alfred Frizelle, Vice--chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. r� i.j The hearing was advertised in the North Andover Citizen on September 3 and September 10, 1987 and all abutters were notified by regular mail. r� Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted L-' to GRANT the variance as requested. n The Board finds that the petitioner has satisfied the provisions of Section 30, L, 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. n L BOARD OF APPEALS This is to certify that twenty(20)days have elapsed from date of decision filed r� without filing of an appeal. Date "-4 !0/ Daniel LorliFrj Frank Serio, Jr. Town Clefk Chairman /awt AT'T'EST: A True Copy Town Clork n '' {635 :► L, TOWN aF NORTH ANDOVER MASSACHUSETTS BOARD Of APPEALS NOTICE OF DECISION Sanlau Realty Trust Date . . . . . .Qetobe•r• •1:6, 198.7•• . • • 231 Sutton Street N. Andover, MA 01845 Petition No.. . 9.1-88 ctober 13, 1987 l� Date of Hearing. .O. . . . . .. . . . . . ... . . Petition of - .. . Sanlau Realty Trust . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . Premises affected . . . . .109-123.Main. Street. . . . . f Referring to the above petition for a variation from the requirements of ft Section. 6.. . . . . . Paragraph .6,6(5)d •of the_ Zoning. Bylaws• . so as to permit relief. from .front, setback. in _order• to .replace. .sign_ at _shopping majl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . After a public hearing given on the above date, the Board of Appeals voted to . .GRAB.T . . . . the n variance. . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a , . permit tcK.erection.of. new.shopping .mall. sign.to. Sanlau. Realty.Trus.t.. . . . . .. . . . . . . . n x i�6x n � n �+ Signed�.. /t/��-"•�' Frank Serio, Jr. , Chairman u Alfred Frizeile Vice-chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n' Augustine. Nickerson, Clerk u Wal.t. . .er . . . .Sou.le. . . . . . . . . . . . . . . . . . . . . . �, Lou,is .Rissin . . . . . . . . . . . . . . Board of Appeals n CTHE ZONING BY LAW CTOWN OF NORTH ANDOVER, MASSACHUSETTS 1972 CReprinted 1986 F NORTH ° . -9� 4L � L '9ssq �? CHUS L PLANNING BOARD n L L..J n l.� n C CSECTION 8 SUPPLEMENTARY REGULATIONS 8.1 Off Street Parking C 1. Whenever a building is erected, reconstructed, moved C 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 C thereof) in. the same ownership as the parcel containing the primary use, a sufficient number of open or covered parking spaces to satisfy the C► requirements of the following schedule for the new building or increased design capacity of floor area: n use Minimum Spaces Required llJ One or two-family residence One space per dwelling unit C Multi-family residence 1. 50 spaces per dwelling unit for two or more bedrooms. 1.25 spaces per dwelling unit of C less than two bedrooms. 0.50 spaces per dwelling unit for units designed and occupied n for the elderly under govern- ment assisted programs. V All other places with One space per sleeping room C 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. V Auditoriums, theaters, One space for each four persons r athletic fields, funeral based on design capacity of L parlors, and other places the facility. ' of assembly. C Restaurants and other One space for each three seats. eati qand drinking places. tail store and service Six spaces per 1,000 square C stablishments. feet of net ground floor area (excluding storage area) , ex- cept five spaces per 1,000 n square feet of net ground floor area (excluding storage r area) in Business 1 and 2 and u -66- Ll General Business. Rntahli ch-_ 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. COffices, 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- C fabricating, etc. ees in the maximum working shift or one space for each 11000 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. C3. 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 C (5) parking spaces or less or residential uses or structures whose minimum parking would amount to two (2) parking spaces or less. C4. If the Building Inspector is unable to identify a use with one (1) or more of the uses in the above C 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, Coccupants, 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, C r' -67- W U �4 a a W W A 02/1412007 09:49 9786888476 HEALTH PAGE 05/06 Zoning Bylaw Review Form a Town Of North Andover .} Building Department 41 .1600 Osgood Street,Building 20,Suite 2-36 ..+ ' Noah""Andover,tfi k 01845: Phone 978-68$-9546 Fax 978-688.9542 C Street: 109-123 Main Street -Klosk M 11-ot: 29148 Applicant.— sen Lau Raft—Trust, R nest; Ranovstfon of wasting Messina's ShOwInO Center Date: 2-13.07 " Please foo advised that aftiar.m; w of your Application and Plans thed your Appliratlon Is n DENIED for the folknar7ng Zoning Bylaw reasons: tonin *r"triot• GB Lam' hen . Notes item Notes A Lot Area 'Frontage r� 1 Lot area Insufficient 1 Ripgoo Insufticlent 2 Lot Area Preexisting, X •2 Frontage Com ire x LJ 3 Lot Area Com les x ..3 Prefaxlstln fronts x 4 InsuffWant Information 4 Insuf i6 ant Information B Una S No aoms over FiontaO 1 Allowed x G Coritipuous Building Aroa 2 Not Allowed t insu—ant Area 3 Use Preexisting__ 2 Com les x 4 Smdal Permit 5faMired X 3 1 PrawdstInqC13A x b Insufficient information 4 Insuffldent Information C Setbne k H (Building Height 1 All setbacks corn 1 fiat Exceeds Maximum 2 Front Main Insuffident x 2 Com es x 3 Left School Insufficient 3 Preexis Height x 4 ftht(First)Insuffloiant 4 IrtsuftiCient Infonnation 5 Rear Ineufficlent I Building Coverage r� 6 -Preexisting setbacks 1 Covera a exceeds maximum I T Insufficient tnformatlon 2 Covera Complies. x p Watershed 3 Coverage Preexsting x 1 Not in Watershed x 4 insufficient information �1 2 In Watarshed i Sign 3 Lot pnor to 10124194 1 SI n not allowed 4 Zone to be Determined 2 3 n Complies 5 Insufficient Information 3 insufficient Information f...i E Hlswdc District K ParkIn+g 1 In District reviewrgguired 1 More Parking ffqguired 2 Not in district X 2 Parkin Lot Scr+eenl x 3 Insufficlent Information F7emedy for the shove is chocked below. U Item R. -Spadal Permlls Planning Board Item I VarlanCe g-4 eke PWM RoMm spur permit G2 I Setback Variance A00"S MW than Fronlsps Spe&l Pgfmat IK-2 Pmldng Varlanea f-1 FW090 Exeep♦fan Lot Spedal PWM Lot Area Vartance Common mtmvay Specht Prank Haight Vartance L_j Carom*darling Special Permit Variance for Sign CarttlilU t Caro Re mment special Permit Soocial Pai rnits Zoning Board Independent Elderly 14"ng apodal PofmR Special Pemdt Non-Confomting Use ZSA 4 targe Estate Qmdo Special PwMk Earth Removal Special Pem*ZBA u =led Development DlWct Spednd special PemdtUse trot LLatad but Similar Plat—A RoWantau Specw Patmh 5pecW Permit for 2 Unit n R-6 Dowy spa"Permit Special PanYA Pre-existing,Non- Conformin watgr'W Spndal Pcxmit SupOy Additional Information The above review ane attadied explanation of such is bared on the plans and Irrfamtation submim No faun" review and Or ed*A"be WOW on verW explanrikoft by gig applkaM nor span such verbal wplanatrona by the alvfcant-'am*to provide dc#inRlve answ=to rte above reasons for 15 MAL. Any hsaamides,mUeading.. lntormadon,or other sufnegrmnt changoe to the Mfamraim submitted by ore appara m Shan be grounds for Us review to bre vowed at Ute kksrotlon of the Bulldog DepotnenL The attached document tided"Plan ReviewNarrakve"WIM be aftlied hereto and Inowparated herein by refenkme. The,bAding department alit retain an pians and doaunentadon ftrr the above tit You must file a new h ing pntmk application form and begin the permitting prooesa. k—' Building Dopafnmont Official sipawm Appktxufon Rocxiived �AWlrofon Dame, Denial Sam: if Faxed Phony NumberiDate: FEB-14-2007 10:37AM From: 9786888476 ID: Page•005 R=100% b1/14/'1bb I by:4`J 9/8681111476 HEALTH PAGE 06106 Plait Review Nave C The following narrative In provided to further explain the masom for denial for the buMft permit for the property indWted on the reverse side: C •� � ,1 1' i ywsN,. N C C-2 A Variance from the Zoning Board of Appeals is required fiom Sccbon 7.3, Yard Setbacks&Table 2 of the Zoning Bylaw for the Main&First Street fmm setbacks in order to construct the kiosk.. CK-2 A Variance from the Zoning Board of Appeals is required flom Section 8.4 (Screening and Landscaping Requircments for Off Street Camrnercial and Clnchmtriat Districts)in order to construct the proposed kiosk.. A B-4 A Site Plan Special Permit is required ffom tho Planning Board. r� V C C h C V C � . 1`I • �I C Referred To: Flre -ROOM poNca Xeeartl of X A Is C F'lA nnigg on rtm m of Pt m e Wak9 Nlelorlcat C ownKsfan t7111er aUWN©DEPT 7oning8ylawUeninl2o90 r L FEB-14-2007 10:37AM From: 9786888476 ID: Paae:006 R=100% F A a C_ 3 C 1 L ] C-j L_ ] L-A C CAbutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning CTown 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, l-j 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 Cboard of the city or town,and the planning board of every abutting city or town." Pg.1 of 5 EMAP PARCEL Name Address 29 48 SAN LAU REALTY 109-123 Main Street,North Andover,MA 01845 Abutters Properties r1 Map Parcel Name Address L 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 f 1 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 V 29 32 William Whittaker 73 Saunders Street,North Andover,MA 01845 29 27 Elizabeth Mazurenko 35 Timber Lane,Methuen,MA 01844 E29 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 C 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 C 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 Barnes 76 Saunders Street,North Andover,MA 01845 171 30 2 Olympia I,V Realty Trust 277 Lowell Street,Andover,MA 01810 30 41 Allen Lappas 105 Leslie Road,Waltham,MA 02451 to 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 L-+ 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 U n u This certifies that the names appearing on the records of the Assess o Office as Of Certified b��ate a2 n u • i-+ 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 C 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." rl Subject Property: L MAP PARCEL Name Address E29 48 SAN LAU REALTY . 109.123 Main Street,North Andover,MA 01845 Yers Properties Man Parcel Name Address C 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 C 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 f-1 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 C 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 n 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 C41 33 Bank of America 101 N.Tryon Street,Charlotte,NC 28255 lu n t� Lj C n U PARCEL-10 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 L 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 2101040.0-0004-0108.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 ('L 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 2101040.0-0004-0124.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 2101040.0-0004-0127.S HMURCIAK,MARY A 148 MAIN STREET NORTH ANDOVER MA 01845 L+ 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 rl 210/040.0-0004-0130.S SHAUGHNESSY,BRIAN EDWARD 148 MAIN STREET NORTH ANDOVER MA 01845 L 210/040.0-0004-0131.8 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 210/040.0-0004-0134.8 LYONS III,ARTHUR W 148 MAIN STREET ANDOVER MA 01810 Fl 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 u 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 M 210/040.0-0004-0204.0 FRIEDMAN,M GERALD 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0205.0 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 r1 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 u 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 2101040.0-0004-0214.A NOWLAN,JAMES P 148 MAIN STREET NORTH ANDOVER MA 01845 V 210/040.0-0004-0215.A BELIVEAU,LESLIE&VARNUM,MAR 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0216.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 2101040.0-0004-0222.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 2101040.0-0004-0225.K RICHARDS,CHARLES W 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0226.S VANDERHOVEN,ROBERT&MARY 148 MAIN STREET NORTH ANDOVER MA 01845 u 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 F- 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 210/040.0-0004-0233.8 DANNAHY,MAUREEN 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0234.6 SUTTON POND REALTY TRUST 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0235.8 KINNEAR,MADELINE 148 MAIN STREET NORTH ANDOVER MA 01845 L' 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 2101040.0-0004-0238.0 MARGOLIS,MICHAEL 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0239.0 LAFOND,MARGUERITE 148 MAIN STREET NORTH ANDOVER MA 01845 u 210/040.0-0004-0240.0 DANAHY,CATHERINE E 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0241.F STAUFFER,DALE C. 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0242.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 u L 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 C 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 C 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 C 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 210/040.0-0004-0330.5 MILLER,ESTHER 148 MAIN STREET PLAISTOW NH 03865 210/040.0-0004-0331.B BEHENNA,JAMES F 148 MAIN STREET NORTH ANDOVER MA 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SHAMUS,SANDRA J 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0529.S EMILY GRASSO,TRUSTEE 148 MAIN STREET NORTH ANDOVER MAL 01845 2101040.0-0004-0530.S 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 210/040.0-0004-0532.8 BERGAN,TERESA A 148 MAIN STREET NORTH ANDOVER MA 01845 rl 210/040.0-0004-0533.B ARSENAULT IRREV TRUST,ALFRED 148 MAIN STREET NORTH ANDOVER MA 01845 I1� 210/040.0-0004-0534.B PAROW,HELEN E LT 148 MAIN STREET NORTH ANDOVER MA 01845 210/040.0-0004-0535.6 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 u 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 n 210/040.0-0004-0542.F 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 L� 210/040.0-0004-0544.F WESTON,CANDICE A 148 MAIN STREET NORTH ANDOVER MA 01845 2101040.0-0004-0545.F DEVINE,LISA 148 MAIN STREET NORTH ANDOVER MA 01845 r 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 U r 1.._1 �I r u ir1 u r+ L. P� L� EXHIBIT E TRAFFIC LETTER AND FIRE DEPARTMENT LETTER rr r� , u {k L� 1✓ i v L� DJKDermot J. Kelly Associates, Inc, Traffic Engineering[Transportation Planning 280 Main Street Suite 204 North Reading, MA 01864-1300 Office: 978-664-2205 Fax: 978-664-2444 rU REF: 733 February 7, 2007 Timothy McIntosh Vanasse Hangen Brustlin Inc. 101 Walnut Street PO Box 9151 Watertown, MA 02471-9151 Ll ERE: Messina's Shopping Center Dear Tim: Attached please find a Conceptual Access and VV8-50 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 r 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 entranceVexit. 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 McIntosh,VHB-UO2.doc i i un I L DJK Dermot J. Kelly Associates, Inc_ Traffic Engineeringfrransportation Planning L L r� L Upon your review of the above referenced plans, please do not hesitate to contact me if you n have any questions, comments and/or if you require any additional information. `J Sincerely, a DJK ASSOCIATES, I , r CDermot J. Kelly, PE, TOE President n L Enclosure Ecc: Lincoln Daley, North Andover Town Planner Christian Huntress, Huntress Associates, Inc File C E C E L I 729-UO2 10-27-W C Lj TOWN OF NORTH ANDOVER Fire Deparunent Central Fire Headquarters C124 IMAM STREET NOR'Pr4 ANDOVER.MIASSACHU SETTS 01845 C' William V. Dolan Telephone(978)688-q5,93 Chm-f of awrtmen, FAX(978)68&9594 W.,d 0 Lgn 6k T own o tr-N`Qr William P. Martineau Wmartinea RTo nofNorthAadove ,co, Depuo044ff Mr. Dermot J. Kelly, PE. PTOE 203 Main Street, Suite 20 North Reading. MA 01864-1300 10 January 2007 L FDear Mr. Kelly, Lj Thank You for providing the North Andover Fire Department the truck circulation plan for Messina's Shopping center on the plan dated 12110/06. As indicated by the plan 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. Vehicles should not be parked on the access land along the length of the road parallel to school street and proper signage should be placed in this area to indicate that parking is not allowed and the lane in this area be appropriately marked as a fire lane. EThis letter is in rep]y to access requirements and not indicate agreement for fire protection for I the structure or exposures. which Mll be addressed during the plan review process, EPlease contact me if you have any questions regarding this letter, ERespectfully. Wil ani V. Dolan w-.,d 1110,1077 William V. Dolan. Fire Chief - ECc: Christian Huntress,Huntress Associates. Inc. E CT i F-3 C-3 C-7 C`3 C73 L i A.. 7.50 ,2.50 ` SCHOOL STREET a 3 00 35.50 ew _ �+vL„v:.' y 0.00 41 ' T R6 1L W8 50 R5 1 ""'^' "• Tr' e o0 Lock to Lock Time ""w'• " -' �'`•�.. Traierr dtHN 18.50 Steering Angle .170 we wiw ....,. a RB 1L w>w.. '' Tractor Track 8 00 ArU-1.ting M91e :70.00 :'N '• E%leting Retall A tNRos Spacerru nuecvi riiiirrrrrrurr Trager Track :8.50 µ ....., Two Story (9.348 of-Flret Floors) �.RsZrL: .r'"-'• A (7.322 of- Second Floor) ' E Cw •' as.: O a � ` � d C 5 =T C e C) u»rm o Its �'^ ream ox feou®mm,�m ron p C ^ +RBL nimMM Ar m m J _ l .NIXAM D. sr2motNTar1IID29RRlaR7 TT Rl-! so'• " r y . '� .tz;s� )r v�L'c+ ?...S.'.:tY ."rd=...1{£ • / Re-1L C '� �R4_7 y _ R*-7 sI' so' Rd-7. Jo' so' v I4 SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES N 2 OO "r 0. EDITION 2003 D MASSACHUSETTS HIGHWAY Q Y,; ONPTE)cT.EDMDS FOR LATEST T STANDAR ENSIONS COLOR AND NOMENCLATURE.ON U ... ...<:.:. ,,.'sFr>!<,r.•<r<.ru.,,ul/.r.,y...__ ! (Z8-1I S CONCEPTUAL ACCESS AND k o WB-50 TRUCK CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET'NORTH ANDOVER MA. MESSINA'S SHOPPING CENTER r �— ---- NORTH ANDOVER MASSACHUSETTS FIRST STREET G12AP,i1C SC �'� Ox 733 SOURCE:BASE PLAN INFORMATION OBTAINED FROM HUNTRESS nu 7SJCA01-Rt oMo 12/la/a6 ASSOCIATES,INC ELECTRONIC FILE'SITEPLAN.DWG• (w rm) RECIEVED ON JANUARY 17,2007. IRv.nw uxsas �� nNA f' 20' f f F-3 r__3 {--7 [73 C`-,-Ij F-3 F-3 C`-�) C) C__D C-7 C"-7 C-7 C-7 C-7 C 3 SCHOOL STREET R6-1L iSP o...agc .a�zw r>-.aPa .aeza N Existing Retail 8 Office Spree •[..,. rirui raunuriuriuiur rriirii va1 Two Story -�_-J vrrrivr (9,348 of- First Floor*) RB-1L 41 (7,342 of- Second Floor) q.� SP-1 Cw 1. P unix➢ N rxmn�on 1mu®mon A,rD ron 02 m � A o S ,R6 1L T m L �� s7ax 7aaJuvn N x.17.7.0.➢. 9YxBOt y m Y E Nui®ax AVON, S SWLL 8 + R6-iL RI-9 24' so- �1 Kp j R4-7 g vR4-7, 6 Re-t so' e0' ® L A se' 18' P sr-1 s4• a' Wig. I O O IME SEE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES EDITION 2003 AND MASSACHUSETTS HIGHWAY RB-1L DEPARTMENT STANDARDS FOR LATEST SPECIFICATION r ON TEXT.DIMENSIONS,COLOR AND NOMENCLATURE. SL > R1-j SL. CONCEPTUAL ACCESS AND -IZFIRE LANE CIRCULATION PLAN MESSINA'S SHOPPING CENTER MAIN STREET NORTH ANDOVER MA. c MESSINA'S SHOPPING CENTER NORTH ANDOVER MASSACHUSETTS FIRST STREET ORAPRIC 90ALE D-=—" N 733 SOURCE:BASE PUN INFORMATION'OBTAINED FROM HUNTRESS 733CA02-R7 t2/10/Dg ASSOCIATES,INC.ELECTRONIC FILE'SITEPUN.OWC' I a F¢11 RECIEVED ON JANUARY 17,2007. �,gg AAIm°N9 own su,t V"20 + + W � x� a x w w C_.7 U U �] C..._7 �] C ..] C_.0 U �.J %�.� C�J C.J C._} U U U �:._J C�] A.-f--F hMcT1 - - z 153X' Vu 3C sA y2•..51. 1NOTER 1. 11HEE 91E IS N 4YIM A R-=ZME CR W1HN 1FE IM S FIDM RAN D51RCT " 'T �t r 2 -W SIE IS NOT LOWED W1HN 1W TORN CF-NMIH - - - -_ - I- A * AhDO+ WATF3i D F I1CN l]SI47t,'T 1 SGbIt3C)L$ ncs .._._ .0 ren Ta „r --Axe __.._ ;'_. ` :"- .. ems a 1FE 97E IS WCAI D IN M(DAL R.19NEESS GTI' Z TR 4m1G OISiRCi O 4. 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( i9: MA No.:728-011 SCALE: 1'=40' r �" X11 SHEET 1 OF 1 NDIM �� e — — — — M1. 1w 91E IS NDr LDCAIED W IHN A FEMA RJ=ME CR os® J — laseso'zo'� totes' a 'Q v W1HN 7M CF NOtiH ROOMS RJn RAN I)S`iRCr _ -, SZW FW tl ,-_. 40 2 n91E IS NDr LOWED W1HN 1F E TOM CF NCRH I , SCHOOL RZ CF IV DOIER W41ER9 ED C7I�IIQJ gSlfiCl J �•---��'^ ��r.,.� 8>.: Y' ra.lwie►or ', y,. aw an p«p° l! -' -r- _ .-_...____�, 1 o ME mm a" g remr as n►sAE 3 1FE 97E IS LWAIED IN 1FE GD0&EWNES<Er Z - c..� _�_ /�-aa�a soot me via In �[NNG aSlfiCr 0 - - - I'til urgcaewe iuj Md 9.H.NG7f5 - 4 _ �t �- - �'-.7g ee m _ _ W`'� � �1�SJY1 WI W11CIV•\L-JI/O MUM MIL -_'-- 7 1—-S59'S0W%*- 'M-OW .i 3 WED CN SCS SOL W CRNG 1FE LNDERO NG XILS A9E CWM 9aLS(HWM C.0 P H x 4 r? 1 arre«r�3-�= ' O syk s�.CS955WI or RM j ak/�'r 41, l II�IaN' 1 I IOU il�17=;Y. c�==== '�8 + -tCkt C7 00 O + s e, °I.esar I I ra Ettoerrus W Mr`a��Ip� J ac e°s ow° �Rx �� \'\ a - inw sa AWN I tY Oc P�0► AG twb ���` \� \•.� ivMiRt a AMTY twat V W M M RS ASMf. 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I I t Punning Conaultante e t Hit, rt zr _ to B o�' 62 MONTVALE AVE.,SUITE I t� STONEHAM,MA 02180 s�oaao%o t159 of 2oz22' ' isascF I --- ;` -759-s..u. .-- - ___ •°_` _ --a,.-a.° ..`_. ar.+ 4_ . a..sl..r ____-_ 'u°� '`ort t'E-29Lot - - - - --- (781) - I 7a70---- 7`--, -- -- -----r--------- ----c=--- _ NE _1►awF- , AM DATE October 31 2006 � i'{-•- '. , t,,.era---------+� c. __...1 +a[a'�..___- __._____._.. ..n_._--- ..._JOE,' ,��. ___ _ _ u , u & / ae°.ataa , -- - a - , a ` Rev. January 17, 2007 1st Ls.1a'� _ham^ ag ' Fti�STSTREET 3' t: z�+ "wo�nw / Q 20 Q 4Q H:\PR..\728-01..\Topo\Exist Con.. ! sal II 11 r ------ '` ar +"' ° s MA No.:718—01 SCALE: 1a=40s SHEET 1 OF 1 s M29 P23 M29 M29 P55 — P24 M 29 P 36-37 Richard Lentini M 29 P 38 Rack Realty,LLC M29 M 29 P 23-34-35 Town of North Andover P25 M 29 P 31 c/o CB EllisBoulos P.M. r / M 29 P 33 Schruedner Nominee Trust / M29 M 29 P 32 William Whittaker QC P42 P52 M 29 P 27 Elizabeth Mazurenko �- 0 / P26 � Et M2g M 29 P 28 Timothy Southgate M18 ytE�f� `P27 M 29 P 29 Dennis Gallagher �QP63F, P429 3 M29 P28 M 29 P 30 100 Main Street Trust � M 29 P 54 Robert Pangione r / P56 M29 Gv M 29 P 26 Manny Shaheen �o P44 M29 P29 M 29 P 52 Michael Kellan / p2 9 Q6o P30 M29 M 29 P 25 Pacific Main Realty Trust P32 M18 / �� M 29 P 24 Wayne Stanuchenski P73 M29 4 M29 M29M29 ` M 29 P 55 Robert Safi P46 �'� P54 P33 M 29 P 42 John McElhiney M18 pj 4 1-0110\ M 29 P 56 Michale Xenakis P58 M29 G M 29 P 43 Richard Else / P69 M18 P74 P31 2F` M 29 P 44 Atlantic Realty Trust P44 M 29 P 60 Peter Vaillancourt M 29 P 45 Joyce Realty Trust Cr r-1 M18 M18M29 M 29 P 46 Evros Realty Trust o P59 / M18 P70 �. P34 M 29 P 14 Thomas Barnes `J P46 M18 M 30 P 2 Olympia IV Realty Trust / P45 Focus M 30 P 41 Allen Lappas M18 M29 P35 M 30 P 1 129 Main Street Realty Trust P60 P47 P48 M 30 P 3 Stergios Papadopoulas W �J M29 M 30 P 4+36 June Thornton M18 M18 P38 I M 30 P 25 Terrence Joyce P61 P48 M29 M 30 P 38+35 Landers Nominee Trust I P37 I M 30 P 37 JoRaymond Lafleur J M 30 P 5 North Andover Housing Authority V Q n 1 M29 I M 30 P 26 Lisa Loosigian Z rjj II It P36 , M 30 P 27 Daniel Cyr Q Q w M 30 P 29 Helen Mathesona d. W J o 5qt�� M 30 P 28-A Sheera Sleator Q N � o in M �I M19 5 M30 M30 M 30 P 78-B Frank Cainott oy y d 0 0 7 �> P1 Pi P32 M 30 P 8 Cardinal Partners,Inc W Oct a Z a q 0 M30 M 18 P 74 Katherine Deming Z Q a J C'4z ^� M30 Mao P2 P33 P4 M 18 P 44 Donald Foulds = Z I Q Jl M30 P41 P30 P33 M 18 18 P 63 Mary Hosing m C N o Of P38 M 18 P 70 Daniel Beane Q U) 0 z `moo M30 M 18 P 69 Guy Ando Z r ;yF M30 P36 M 18 P 45 Horace Baril W P5 M 18 P 46 Linda Kod �. AVN M19 M19 P37 Np 61 M30 / M 18 P 47 Carol Wright Q G� P8 P9 SEc0P7 3 49 M 18 P 48 Robert Sullivan M30 a M 18 P 73 Erica Markey M19 M30 / P8 Z �s M 18 P 58 Edward Gardner M a r c h i o n d a P7 P35 M 18 P 59 Guido Montanro & Associates, L.P. r^ M 18 P 60 Laura Dichiara o� M 19 P 9 Mitchell Stan / M30 M 19 P 4 Manuel Salinas Engineering Coa and M19 M19 M19 P28 M 19 P 5 Paul Dubois �P6 P5 P4 62 MONTVALE AVE.,SUITE I / M30 M 19 P 6A+6B Peter Doherty STONEHAM,MA 02180 P29 M 19 P 7 Michael Sibeleski (781)438-6121 FAX:(781)438-9654 M30 M30 P27 ffiM 19 P 8 John McDue r� J P26 M 19 P 1 North Andover Housing Authority DATE: 2/12/07 P25 120 60 0 120 728-01\SUEVEY\ABUTTERS.DWG SCALE: 1"=120' SHEET 1 OF 1 PLANTING NOTE I ON AND OF_SITE,THE _OVATITOR ON FOR THE PRO.�G7 BOTH PRIOR TO THE START OF ANY EXG BE PROVIDED WITH A DI63 NUMBER INDICATING TWAT ALL EXISTING H JII UTILITIES HAVE BEEN LOCATED AND ARKED AND a ;� 2. CONTRACTOR SHALL BEGIN MAINTENANCE IMMEDIATELY AFTER t ® - _ '- -- - - - PLANTING AND WILL CONTINUE UNTIL FINAL ACCEPTANCE Huntress Associates,Inc. .. ,, .. '- B. CONTRACTOR SHALL VERIST ALL TRS REMOVALS WITIi LANDSCAPE jands� Arehiteetore&Lendp������ .+.. 4. BUILDING FOUNDATIONS,STRUCTURES,AND PLANTING BEDS. ALL Ando Street ARCHITECT PRIOR TO START �'�""`•'G Tewksbury s REED AREAS SHALL NOT lover,Massachusetts 01810 . , ., ,.... .... ,., -.- ,. -. CONTRACTOR SHALL MAINTAIN 17 _ A N POSITYVE DRAINAGE AWAY FROM MAXIMUM SLOPE W17MIN DISTURBED EXCEED 3:1, _j UNLESS OTHERWISE NOTED. 978 470 8882 FAX 978 470 8890 .. _ b. IN THE ES 5UFFAPE iCIE T TO ALL SHALL YP AANTINALL�60 PLANT MATERIALS HL ORB OJi'A'(Nr) I 1. ALL MATERIALS SHALL CONFORM TO THE GUIDELINES ESTABLISHED BY THE AMERICAN ASSOCIATION OF NURSERYMEN. a .. 'C:0+ B. ALL PLANTS SHALL BEAR THE SAME RELATIONSHIP TO FINISH GRADE l •• - .. .. .. - AS TO ORIGINAL GRADES BEFORE DIGGING Tel IU I Comm MP) ] : 9. ALL PLANTS TO BE BALLED IN BURLAP OR CONTAINERIZED. " S TIL 0.88 CUf'A'(TTP)e Be - REfANNG WALL(TO) .a RB82TOCIV�DRA_/4W8 10. M1LGH FOR PLANTED AREAS 70 BE AGED PINE BARK:PARTIALLY . PERENNIALS CUTS) L9 ;C By . - DECOMPOSED,DARK BROWN IN COLOR AND FRS OF WOOD CHIPS .. THICKER THAN 1/4 INCH.B'DEPTH THROUGHOUT ALL PLANT BEDS. 11. PLANTING SOIL MIX:LOAM THOROUGHLY INCORPORATED WITH ROTTED Ey MANURE PROPORTIONED 5 C. TO I CY OR EQUIVAL@IT PEA 111 TL DT MOSS WITH FERTILIZER ADDED PER MANUFACTURER'S RECOMMENDS JI+ TCR) L IO. II ® F.M a 10. THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT eP057 t FWL PENCE((TPI;. MATERIALS FOR OPE N FULL YEAR FROM DATE OF ACCEPTANCE. S Ss 6 VERTICAL 6RARTE CA.RB(ITP) I HC GIIrO GR'A'(ttPl 13. ALL PLANT MATERIALS ARE SUBJECT TO THE APPROVAL OF THE OPNAP@i7K LI6HfINb hYP) e _ X(6) LANDSCAPE ARCHITGGT,AT THE NURSERY,AND AT THE SITE. 14. LANDSCAPE ARCHITECT TO FLA&ALL TREES TO BE TRANSPLANTED PRIOR TO CONSTRUCTION START. -® ® ,^-4 IS. ALL AREAS OF THE SITE WHICH HAVE BEEN DISTURBED AND NOT - MIO HEERHINIMN ESTN DEVOF ELOPED D SHAPTH L BE LOAMED AND SEEDED WITH A . SEE 91ff7 L-9 FOR FEN.E ~ ~• k(6) �3`E.s;zikF R'A 2ti PARCEL 48 IRRIGATION NOTE5 Messina's AND U6NTIN6 HPJATION PARKING LOT U6HTIN6(TTP) ' ' U Shopping Center -' i 1. THE CONTRACTOR SHALL BE REQUIRED TO FURNISH AND INSTALL ALL MATERIALS pp� 9 �a. R ® - 6NIE6RAL GOHCRBfE C*Am L9 e - j NECESSARY TO COMPLETE THE AUTOMATIC IRRIGATION SYSTEM FOR ALL LANDSCAPE . AREAS SHOPN ON THE PLAN. 1� ORNAMENTAL L16NTIN6(TTP) . .. 2(O1 .. - .-- .. t •' z 2. FURNISH ALL LABOR,'MATERIALS,SERVIGE5,EQUIPMENT AND APPLIANCES REWIRED /L.. L9 IZ F6 FBiGE TO COMPLETE THE WORK OF AN AUTOMATIC IRRIGATION SYSTEM AND RELATED ITEMS. North NIIdOV@r,M8SS8CIIUSC1tS e ® O B. ALL WORK SPECIFIED SHALL BE EXECUTED IN AC-ORADNCE WITH ALL GOVERNING r am OUT lY )e R e ORDINANCES,LAWS AND REGULATIONS. W(91 10. POST i RAIL FBIC.E(iYP) LpGM ALK(,Tp) 4. SPRAY SPRINKLERS ARE TO BE USED FOR ALL LAWN AREAS. LL y F 16 RBdi 't` O S. ALL PLANT BEDS,SHRUBS AND TREES SHALL HAVE DRIP IRRIGATION DCaWing Tltle: OPTIONAL ATM KIOSKRE ) Landscape& Tel B) ♦ .,,a ®. -' ,SEE AROIITFLILRAL 0.Alb,� } TC(U Lighting Plan CONCRETE K LKFUY) e POST 1 RAIL feNLE CUTS) 9Gr.. .:s-r"E2:'T' -' vetrILAL 6RARTE CURB - OPNAMENra ENCEN5(TYFI_ U c '�SHEET L!FOR FENCE AND L45NIIN6 ELEVATION 7 1 .. p POS RAIL fBILE.f11'P) P WtE PLANT LIST No NOT,CONTRACTOR MAY USE PLASTIC �'FO(ANOSCA ` lm6NYW6 OWN IF APP ,W BY LA amov 5YMWL BOTANICAL NAME COMMON NAME QTY SIZE REINFO`a ESEE RO DECIDUOUS 7TtEE5 HOSE, VXR.BB@2 __ NOSE,BLACK ICY ID,7YP. TO FINISHM GRADE AS R BORE TO N�YP TG TILIA CORDATA LITTLE LEAF LINDEN 8 T[12'-3*.CAL. "Yj. vOEE STRAW OR FIND GRAVE PG PYRUS CALLERYANA'ARISTOCRAT' -GALLERY PEAR 2 2 I/2'-3'GAL. ROOTS12 FINE TNSi® POOTKAt1 TIME PIT RAS R Aston Date ORNAMENTAL TREES Y NOTE:TIS 6PASHALAS DOE TO HAI OW AG AhELANGHIER GANADB1515-N1ILTISTEM SH,4DBLOW SERVIGEBERRY 3 8-10'HT. ���As Ir aLRe ro NsesLr ` 3'BARK ru..ct+IN swcBR PLANT SAUCER,41 CONTINUOUS EN BETULA N16RA HERITAGE' HERITAGE RIVER BIRCH[CLUMP) 3 10-12'HT. Sean TREE YRAPPINS ABOVE FIRST BRANCH NO SAUCER t'6ffRE SHIaM OCCUR IN BEDS s 9 PER TE N GAUGE LTOAW9 FOR STAKING, — — — FINISH GRADE - B PROVIDE OSE r0A FGUYTeas SHRUBS FRSE AND FAINT BACK 017 AND REMOVE BURLAP FROM TOP U3 OF ROOTBALL PJM PJM RHODODENDRON P.M RHODODENDRON 27 2-2 I/2'HT, i; rRAP tars;wrx TREe TRAP =1111 Iliit l=-66'-&'PLAN�TM SETTLE KTH THOILL SH MATER SOKKINS JG JUNIPEROUS GHINENSIS'SARSENTII' SAR6ENT JUNIPER 62 Is-18'SP. S.SAM KLLM IN BMN.&R .{#._I 6•" I-. RBD RHODODENDRON SOULE ITE NE16E' SOULE DE NIE&E'RHODODENDRON 16 2-2 I/2'HT. PLANT SAtY�4 CONnNM N. II II�T�= = MOUND OF SOIL IN CafTER OF PLANT FIT TO SUPPORT I(S ILEX bLABRA'DENSA' INKEERRY 93 18-24'HT. z _ _ _riN 4 RENO& BUJ.AT Rr�ulRm ELEVATION - _ elf t RBHOJE OURLN FROM TOP Ud OF ROOTEALL Seale: I" 30' Drawing No. Date: 1.19.07 FI-6*DE SOIL NIM B NTH TH L O LOOSE LIFT'S OF �- ^ - 6•-0.OEPiII fEfTLE WM TNORCIASH RATeuNs Jab: oo-TOT 12 IIII I- 1= HOUND OF SOL IN whet OF PUNT FIT ro S FFM F116: PR-MP PERENNIAL$ YN — BALL AT WO RED BEVATION �. RF RUDBECKIA FI1L61DA BLACK EYED SUSAN 200 tit Por DECIDUOUS TREE PLANTING AND STAKING TYPICAL SHRUB PLANTING Drawn: CCH a7 VL HEMOROCALIS'ICE CARNIVAL' DAYLILY 200 •2 POT 1 3 _ 3 SONE:KT SCALE:KTA CheLKed: ^i T NOTFa PROVIDE HEAVY BROOM FINISH 18 - 1-0'TYPICAL ON RAMP AND SIDE SLOPES I OR A5 NOTED I . PERPEND CLLAR TO FLOW OF 2- /2 PAINED STRIPE TRAFFIC 1 ���BITIMINOUS CONCRtTE L_ SCORE.INE 4'NDE STRIPE •� I / / ROADWAY(UNPAINTED/ 1. LINES,TYPICAL IO'X 6'X b'REINFORCED I 11LL// / TRANSI -6- 10' PRECASST E Huntress Associates,Inc. TYPICAL PASSEKER �.� CAR ACCESS AISLE S 1/2. ` DETAIL FOR LOCATION Landscape Architecture&Land Planning E- N_2_8• I W tc 6.°• 1 3_ e. �—WNL STOP P wsN GRADE W I 17 Tewksbury Street ° o e' ` I COMPACTED GRAVELAndover,Massachusetts 01810 FACE caae _ TYP CAL NMm cAr P 978 470 8882 FAX 978 470 8890 PARKING SPACES ROADWAY NOTES R=4•_0. I.DIMENSIONS SWM AT EDGE OF ROAD ARE FIXED. III-III �v' •° m ° ° SIDE TYPICAL 2.RAMS:CR05 SECTION TO BE THE SAW AS ADJAC81T 5IDEYIM.K; F-1 WAIK F--rmcAL VAN Access =1111= = I-I� -IIII-�I-111f= O� I.E.DEPIN OF SURFACE AND FOUNDATION AISLE U2'REBAR,DRIVEN INTO ~ BINHINOUS CONCRE COMPACTED S86�ETE f 3.NO RAMPS TO BE PLACED B@NIND STOP LINE PAVEMENT.USE 2 PER Y i Y!r®.STOP,PLACE A\- L' 4.DIMENSIONS ARE MPLY T TO ACHANGER 4N FIELD.ALL SLOPES AND CURB OR PARKINS STRIPE,AS NOTED. 6'MDU FROM END. `—PAINTED PARKING SPACE STRPE DIMB510t5 TO COMPLY WITH ADA.RECUIRB43175. yl �� CURB CUT AND RAMP n HANDICAP PARKING SPACE LAYOUT �,�� PRECAST CONCRETE WHEEL STOP PAINTED CROSSWALK/PARKING SPACE STRIPE 11 WA KTS � SME- 10'-0• V SCALAE NJI `f SCAlB N.LS IB'P. ANCINDR BOLT,TYPICAL. O AWMR BOLT SPACING SHALL BE DETERMINED BY LIGHTING L STANDARD MANIFACTU Elk O O P MwMM CHPd•PHt TYPICAL,4 SfDES PLAN ABOLT SPACING SHALL Project: PLANNCHOR BE DETERMINED BY 1.I614TINGLl6NT POLE 1' e STANDARD MANIFALTLRH2 I" POLE BASE AND COVER DDDBLE LLHINAIRE I'MMMA4 Messina's e I.GFIAHF7� HEAVY CAST ALLMINMA7 FRAME r F- CAST POWERNTH OAT FI POVOH+l.OAT FINISH Shopping Center J 6120LNDIN6 11K° L 6Ni POLE°�SPECIFICATIONS < PRME WITH POLYESTER ---POLE BASE e POYOERLOAT FINISH 1'CHANFER "/ 1 •� - TIII- r MINMIM a FINISH GRADE FINISH GRADE n y 1G C°M"^C'� North Andover,Massachusetts ANCTMRBLACK 1'LIIC FUNV°IIN1'l. =illl ill�lllE—COMPACTED SLBERADE � IIIIIiII_lii .'�.�� 1111111 — IIII=II I =IIII=11 ANCHOR Bars As RMARED �� =1111 i IIII ANCIIOR Bars AS REWIRED - BY THE MAWACn1R� III : BY TINE MARFAcn RER IIII- " ",j°:1111 Drawing TIM- . III p: CONDUIT,SEF SPECIFOATIONS 0. CONDUT,SEE SPECIFICATIONS - IIII e •'j o' ' ]�. REINFORCED CONCRETE BASE Site Improvement - REINFOPl.F9 CAST-IN-PLACE 11p 00• � CONCRETE BASE d`--J�- .••MMM :. III=IIII ' em. a, CONCRETE Details Ib•BASE DA.-14'BOLT CIRCLE IN BARE COPPER 6Rptm,EXPOSED 5ff DETAIL F�f 1� J111, INSTALL AS DIRECTED BY MANIFACTLRE2 . I IN SOIL FOR b'MIwMtM '4 III FILSH BASE AT CONCRETE FOOTING I=1111= .. ° .' .. SEE DETAIL 116 —1)�-III= 18'DIA 1 - ELEVATION E LEVATION 5 LIGHT POLE-'A' 6 PRECAST LIGHT POLE BASE-'A' 7 LIGHT POLE 'B' 8 PRECAST LIGHT POLE BASE-'B' SSpCHI Sp SCALE N TS SCaIE 3/4' SCALE N T.S SCAIE 3/4'�1'-0' " `' �P K0 40.use Pe FENCE SHALL BE STEPPED IN RE&LAR INTERVALS AS 9E�/ANDSDa.`d REWIRED TO FOLLOW CONTOUR OF FINISH 6RAD6 fgORDINATE Sn3'PIN6 NT}I LAtmSCAPE ARCHITECT. 6'X 6•SPLIT FACE E BEVEL®CAI'NTH GRANITE POST,SET FTJ1M70. 510E01ALK ♦b. 8'-0'O.C. 112'.112'TRIM �k 1'X4'CAP RML 0'XB'6RANlTE POST,SEE DETAIL. V X 4'WOOD RAILS SCRB'ED TO B/S'FLATTENED IRON FASTENER. 4r t r � a�-o'ac. f b _ __ . IN POST FOR FASTENER.(TYP 6��6 Revblan Date - HOLES S'x3'P05i IIIIJJJI 7RAMEi1noN CURB I'x 4'BUTTED—j -�• RAMP STARTS VERTICAL SIDING CLEAT -4'RAIL,DIAMOND SET M AT TANGENT _ FLUSH CURB, TOP AND BOTTOM _ SEE DETAIU 3,SHEET LA. III I I I=11111111 6•VE RTrAL CURB - _ _ _ _ _ =IIII —1111 —r x 4•TOP,MD. =111 _ — — — � caNCRETE FOOTING NOTE AW BORA ' L RASP CROSS SECTION TO BE THE SAME AS ADWA NT SIDEWALK; -IIII I.E.DEPTH OF SWACE AND FOWDATWK =1111 .-1111 2.DIMBBIONS ARE%SX;IT TO CAAME M ND FIELD.ALL SLOPES AScab: AS NOTED Dranh9 No. EE SDETAIL NI FOR ADDITIONAL DFORMATION - =111111111111 II II 1111 DIMENSIONS TO COMPLY NTH ADA REGUR&ENTs, B.FOR CLRS MATERIAL AND PAVEMENT MATFRI/y-SEE LANDSCAPE PLAN. Date: 1.16.0-7A �FW5II6RADE _ I 4.PROVIDE HEAVY BROOM RwSNON RAMP. Job.{I1� .lob: GO-ID i SEE SPECIFICATIONS :Y FOR FINGwNG Flle: PR-MP �n 6-0'VINYL FENCE-ELEVATION 1�n1 GRANITE POST AND WOOD RAIL FENCE ELEVATION �i� GRANITE POST AND WOOD RAIL FENCE DETAIL i�n�CURB CUT AND RAMP-TYPE B Drawn: GGM ar 1 `� scuE Apt' 1'-d -- — iV His i l SCALE 1/z'-1=G' 1G SCALE.N.L8• - CAW,ked. - 3 I A I B I PROVIDE LIGHT BROOM FINISH CONCRETE 1011ALK9 4 PERPENDICULAR TO M TRAFFIC MATERIAL VARIES- M DUMP5TER PAD 12 6 PLOW I1RLE56 OTHERWSE NOTED 03 REBAR 2'COVHZ M. SEE SITE PLAN V2'EXPANSION.DINT WITH PRZMOLIDED RLL6l RF<L.fi-f PINT IC2'. PROVIDE CONTROL JOINT R1*H 6RAXITE G1RB,6'MADE JOINTS AT SOON CENTER MAX.LgFSS NOTED. PROVIDE EXPA1610M JOINT WHERE PAVEMENT Huntress Associates,Inc. 6'X 6',KA:W.4 WIRE MESH 81TUHIHOUS CONCRETE PAVEMENT AWTS ST"TURE5,VERTICAL SURFACES, e' 6RANIre cuRe REINFORCING,2•covER rrP. � AND AS NOTED.SEAL ALL E7P/d✓SION JOINTS Landscape Architecture&Land Planning FINIEi GRADE I CONCRETE PAVEMENT 6' KITH APPROVED WATERPROOF SEALANT et'R MATE GRADE 17 Tewksbury Sued RWSH GRADE --, OF WE SIDE WTH TI S IN SMOOM N F ��'LL v�g' � EACH SIDE tAYOUf AS INDICATED ON PLAN. Andover,Massachusetts 01810 SEE SITE PLAN d :`• a A'•Q,p < -1111-=44p1a 181'1„ °,Qbo.III�Iwo_`)K.IIL _.e1 ,e B°-�.w. m l•�=0_11°= dcowACTED III'IIII=—e=1 111�o,.�Q°�° �S;•4 °° 0.°O a1111°IIII°,a `•�v°L+''—•=Pa V—to _ a•III 4 978 470 8882 FAX 978 470 88 � CONCRETE PAVEMENT .OA.. °�d 6'Xb',14X.4 WELDD WRE MESH �dREWORCINs.7 MCOVER RVEL� 1111=� °a, .4 A, OTE TO MEET PAVINb COMPACTED GRAVEL BASE a —11q ( ° e O°O°O COMPACTED GRAVELPROVIDE CONCRETE AT FACE OF CUB BO6RADE=�In I = =111 IW IIII= SII 1= - COMPACTED S6RADE COMPACTED sLeGRADE cOpACTED 5U06RADE IUI 1 10' =IIII= COMPACTED 5U86RADE COMPACTED 6RAVEL BASE IN. VERTICAL GRANITE CURB INTEGRAL CONCRETE CURB 3 FLUSH GRANITE CURB 4 CONCRETE PAVEMENT 1 SCALE r SCALE i' 1'—d SCALE 1'a SCALE RLS F'roJeCt: J{+ Messina's ,-� Shopping Center L North Andover,Massachusetts Cr, WImg T1tle: ORNAMENTAL LIGHT POLE SPACING 42'-a' TIP Site Improvement Details °gyp t°•. ” ORNAMENTAL U6HT POST RYPJ V 40.310 Pte: c,PFO<ANOSOP�c`". Revlelon Dote 8'-0'O.C. 5XR1B R_ANTIN65,SEE LANDSCAPE PLAN 0'X0'4'AWMST,ST,SEE DETAIL 4'X4'WOOD RAL(TOP),SEE DETAIL � z Scale: AS NOTED DrowkkJ No. a Date: 00-10-70-7 -3 >�: DD_ID Al 2'-0' TIP) File: FR-MP 5 LIGHT POLE AND FENCE ELEVAl10N ON MAIN STREET AND FIRST STREET Drawn: CCN of scAlE:KTs CheCNed: -- 3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i i H.H. Morant & Co., Inc. Architects P.O.b=4w ar.r...rrm 41"o-mu (978)744-5354 (9 B) 48-9161 Fax I I IIUb N—b- 12 I I hhm m6-113 10 i i I / / I January ll, 2001 I I I I - [I �i I Ertl I _ I I I I ' I I I I - ------ ----- W tl I I Project: I � � Messina's Shopping Center lI I Renovation Project I I San Lau Realty Truer lOe-123 Mem Strut 1 I North Andover,MA (�l 1 II II �! Optional Corner ATM Floor Plan (scheme aU 121-011 c*1AED 4R 41. C/�Oif\Q 141_011 q 9�0 n Ho.5294 rn �•,• d OR SALEM, 1/4" = 1'-m" MAS ® � I Dn�ly NuYr. OF A1 . 3 F-1 1 - Optional Corner ATI„f Elevation 1/.4 = 1 -0 1 F 1 0ptlora1 Correr ,47„1 R-cor fi lar, 1/4 = 1 -0 hhm 06-013 (10/06) - - - - - - - - - - - - - - - - - - -•- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , ATM Kiosk (Main Street)- (38.22 Square Feet x 20% of Area = 1.6 Allowable Signage Square Footage) ATM Kiosk (First Street)- (21.33 Square Feet x 20% of Area = 4.5 Allowable Signage Square Footage) (Approx. Signage Size) x (Number of Signs) _ (Total Sq. Fte.) (Approx. Signage Size) x (Number of Signs) _ (Total Sq. Ftg.) (1'40' x 5'-0') x (I Total) _ (1.5 Sq. Re.) (1'40' x 3'-0') x (1 Total = (4.5 Sq. Ftg.) (7.5 Sq. Ftg.) (4.5 Sq. Re.) ....... ....... Total Signage Square Footage = (7.5 Sq. Ftg.) < 7.6 Allowable Square Footage Total Signage Square Footage = (4.5 Sq. Ftg.) = 4.5 Allowable Square Footage H.H. Morant & Co., Inc. JJJ Architects ' Pm a..4M ' 321 FaLgb.lh" ————— ——— —— i M 7 r.W.—k." �l Y I F3 L37 I L I I , (978)744-5354 (978)749-9161 Fax C. U-W i 12 I / / I hhm m6-113 10 I I I I i February S, 2001 I I � - V -J F-- - i - J ------ Projwt: [LF Shopping Center r I I Renovation Project I ' II II San Lau altq et I I 109-123 MannStreet (n North Andover MA I I I I m III III r-1 I I I I I I J Optional Corner ATM Floor Plan U 12'-011 '-m" (scheme " 77 I I 14'-011 SSD Aft�fir' UVF eq 9�0� Location 4 Approx. Dimension of Existing Location 4 Approx. Dimension of Existing -,, No.5294 Signage at New Awning Location. (1.5 s.f.) Signage at New Awning Location. (43 ,5.0 0 SALEM, 1/4° = 1'-0" (Approx. Size = 1'-6' x 5-0" ) ATM KIOSK (Approx. Size = I'-6' x 3'-0" ) ATM KIOSK �t N D-imN-Wc Main Street Elevation. First Street Elevation. < , �,�. 4° A1 . 3 hhm 06-013 (10/00) Optional Correr AT1„1 Elevatlor, 1/-4 1 Optional Corner AT1'1 Floor f=lan, 1/4" = 1'- 11 ' , 1 SMOLAK & A MEMORANDUM Ta GERALD BROWN,INSPECTOR OF BUILDINGS FROM: JOHN T.SMOLAK SUBJECT: 109-123 MAIN STREET-PRELIMINARY ZONING ANALYSIS DATE: FEBRUARY 8,2007 REV. FEBRUARY 14,2007) In preparation for the Petitioner's (San Lau Realty Trust) filings with the Zoning Board of Appeals,the following outlines the zoning relief to be requested. We are requesting your confirmation of the same. The Petitioner proposes to file two separate variance petitions. The fust variance petition will be based upon a plan entitled"Variance Plan-Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Site Plan"),prepared by Marchionda&Associates, LP. The second variance petition will involve a proposal for a kiosk building to be located at the corner of Main Street and First Street in response to a request from certain Town officials to examine the feasibility of locating structures along Main Street,and such second petition will be based upon a plan entitled"Variance Plan-Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Kiosk Site Plan"),prepared byMarchionda&Associates,LP. Summary Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Surrimary of Dimensional Requirements) • Requesting front yard setback of 22 feet(from Main Street) and 14.9 feet(from Fust Street) where 25 feet is required. 2. Section 7.3 and Table 2 (Summary if Dimensional Requirements),Footnote 2 • Requesting rear yard setback variance to allow for less than a 15 foot buffer of portion or rear yard located closest to property boundary. 3. Section 8.1 -Parking 4. Section 8.4- Screening and Landscaping Requirements Under separate petition with respect to the kiosk.Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Stnrrrmryof Dimensional Requirements) • Requesting front yard setback of 3.0 feet (from Main Street) and 9.0 feet (from First Street) where 25 feet is required. Special Permit for Site Plan Review is Required(NAZB Sections 8.3 and 10.3) PRELIMINARY ZONING ANAYLSIS-North Andover Zoning Bylaws,as amended A. Zoning District -- General Business (GB) B. Permitted Uses (4.131) The proposed project's uses (as listed in Section 4.131),including: 1.Retail stores and wholesale stores,showrooms or places for any professional,artistic or mercantile activity,not involving manufacturing;2. Banks,offices and municipal,civic,or public service building;5.Restaurant, dining room or lunch room;and,7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive to the neighborhood,are all permitted by right. C. Floodplain District (4.137) • The Site Engineer shall certify on final site plans that the site is not located within a special flood hazard area as designated on the applicable and latest FEMA FIRM described in the Town of North Andover Zoning Bylaws. D. Signs (6.0) (Section 6.6.13-- Business and Industrial Districts: Accessory and Section 6.6.E Shopping Centers) • Section 6.6.E.(2)(Shopping Centers)of the Zoning Bylaw governs the proposed project. Subparagraph 2 provides that"Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises [are allowed], provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%)of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. • Exhibit A breaks down the permitted signage for each occupant(tenant), and compliance with the requirements above, based upon a plan entitled"Partial Signage--Messina's ,i Shopping Center Renovation Project(Dwg.No. A2.2),"dated October, 2006, prepared by H.H. Morant&Co., Inc.. • The existing site includes building directory signs, and under Section 6.6.D(8)of the Zoning Bylaw, "Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. • Should a kiosk not be constructed at the corner of Main and First Streets,the Petitioner shall construct a ground sign as described under Section 6.6.E.3 of the Zoning Bylaw, which permits such a sign, provided that the sign is no larger than 100 s.f., is not located within 10 feet of any property line or the line of any way, and no part of the sign is more than 20 feet above the ground level. • A variance dated October 16, 1987 (Petition No. 91-88)granted the site owner a variance to allow the construction of a sign within the front setback, but the approved setback distance is not clear from either the Variance Decision or Petition, and such Variance M would expire fro non-use should the Petitioner replace such sign with a lawful conforming ground sign meeting the specifications noted above. I E. Dimensional Requirements (7.0) Below are the required,existing and proposed dimensions for the site. • Section 7.3 of the Zoning Bylaw states that"buildings on corner lots shall have the required front setback from both streets." When we met with you back on December 27, I 2006,you interpreted this provision to mean that the setback along Main Street, First Street, and School Street all were 25 feet,consistent with Section 7.3. Given that Section 7.3 governs in this circumstance,then Note#2 accompanying the Table of Dimensional Regulations(which provides that an additional 15 foot side setback shall be required when a site is located adjacent to a residential district)would not apply. • Other applicable dimensional requirements are below,and those requirements for which a variance is required are in bold print below. Requirement Required Exist i Proposed • Min.Lot Area(s.f) 25,000 s.f. 145,893 s.f.l N/C • Max.Height(feet) 45 ft. 35 feet 32 feet,4 in. • Street Frontage 125 feet 321.73 N/C • Front Setback 25 feet2 24.63 22.0 Main Street) 14.9(First Street-- drive- thru only) • Side Yard Setback N/A • Rear Setback 35/50 feet4 52' 8" 51'7" See Footnote#4 • Floor Area Ratio (Max.) N/A • Lot Coverage Max. 35% 29.18%5 29.04 • Dwelling Unit Density Max/Acre N/A 1 1989 Site Plan identified lot area as 146,200. 2 Section 7.3 of the NAZB states that"building on corner lots shall have the required front setback from both streets,"which means that this bylaw provision supercedes other side yard setback provisions described in the Zoning Bylaw so that the setback will be 25 feet from Main,First and School Streets. 3 1989 Site plan shows a 25-foot front setback,but Existing Conditions Plan shows a 24.6'front setback so a front setback variance will be required. 4 See Footnote 4 above. Although it appears we meet the 50-foot rear yard setback,we do not meet the 15- foot green area requirement under Note 2 of Table 2 requiring"the fust 15 feet of the total setback abutting the residential district shall remain open and green,be suitably landscaped,unbuilt on,unpaved and not parked upon." The 1984 Variance Decision granted relief to allow a 32-foot setback where 50 feet was required,but it appears the rear setback discussed at the time is the southern corner of the building where it abuts the closest housing authority building but there is no dimension there is no site plan to confirm the same. 5 The 1989 Site Plan calculated a total lot area of 146.200 multiplied by 35%to get to a max.of 51,170 s.f. allowed,but proposed total floor area at that time was 41,254 s.f.or a total of 28%which does not appear to concur with the total existing square footage. i into the requirements of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw). [Variance is Needed] 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets. [Variance is Needed] EXHIBIT A -- SIGN COMPLIANCE 6.6.D. Business and Industrial Districts: Accessory 8. Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. 9. Traffic Control orientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. 6.6.E. Shopping Centers 1. Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten(10) square feet. 2. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%)of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. 3. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty thousand (50,000) square feet floor area or more, one(1)ground sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred(100)square feet. Such sign shall not be located within ten (10)feet of any property line or the line of any way, and no part of the sign shall be more than twenty(20)feet above the ground level. 4. Temporary, unlighted signs, inside windows, occupying not more than fifty percent (50%)of the area of the window requires no sign permit. ***Compliance with the requirements above,and as outlined below,are based upon a plan entitled "Partial Signage-- Messina's Shopping Center Renovation Project Pwg.No.A2.2)," dated October, 2006,prepared by RR Morant&Co.,Inc. Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s 1. (1" F1 -NW) restaurant 92.0 18.40 18.0(1) 2'x 9' (1" F1-NE restaurant 115.34 23.07 22.0(1) 2' x 11' (2"d FI-NW) office 92.0 18.40 18.0(1) 2'x 9' (2"d Fl-NE) office 115.34 23.07 22.0(1) 2' x 11' 2. (1" Fl-N W) retail 121.14 24.20 24.0(1) 2' x 12' 3. (1" Fl-NW) retail 175.0 35.00 35.0(1) 2' x 17.6' (2"d Fl) office 175.0 35.00 35.0(2) 2' x 18.9' 4. (151 Fl-NW)retail 150.00 30.00 30.0(1) 2' x 15' 5. (1" Fl-NW)retail 70.00 14.00 14.0(1) 2' x 7' (2"d FI-NW)office 70.00 14.00 14.0(1) 2' x 7' 6. (15' FI-NW) retail 121.14 24.20 24.0(1) 2' x 12' 6. (1" FI-NE) retail 224.00 44.80 20.29(1) 2' x 10'2" 7. (ls' FI-NE) retail 306.0 61.20 60.87(3) 2' x 10'2" (I" Fl-NW)retail 369.0 73.80 72.99(3) 2' x 12'2" Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s KIOSK retail -- Main Street 38.22 7.6 7.50(1) 1'6" x 5' -- First Street 21.33 4.5 4.5(1) 1'6 x 3' EXHIBIT B -NEW PARKING CALCULATIONS Requirements under Section 8.0 Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B1, 132, &GB. Offices 1 space per 300 square feet of GFA. Square Footages: First Floor Space Proposed Use Square Footage/Seats Req'd Parkin First Floor 1,912 s.f. (1St fl) restaurant Greater of 1 space per 2 seats or 15 seats per 1,000) 42 seats(21 spaces)or 15 x 1.832 (27.48 sp.) 28.68 40,411 (1St fl) retail 40,411(5 per 1,000) 202.055 Total(First Floor) 42,323 sf Second Floor 7,769 (2"d fl) office 7,769(1 per 300) 25.896 (additional second Floor Storage Space of 1,900 s.f. above CVS retail, and an additional 206 s.f. of unoccupied space on 2"d floor) would not be counted for parking purposes) Bank Kiosk 208 s.f. retail 208(5 per 1,000) 1.04 Total Project Square Footage 52,406 sf Total Spaces Required 257.671 (258) Total Spaces Provided 172 FORMER EXHIBIT B -OLD PARKING CALCULATIONS Requirements under Section 8.0 Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B 1, B2, & GB. Offices 1 space per 300 square feet of GFA. Space Number Proposed Use Square Footage/Seats Req'd Parkin I. 1,832(V Fl) restaurant Greater of 1 space per 2 seats or 15 seats per 1,000) 42 seats(21 spaces)or 15 x 1.832 (27.48 sp.) 27.48 2. 1,955 retail 1,955(5 per 1,000) 9.775 3. 2,465 retail 2,465(5 per 1,000) 12.325 4. 2,347 retail 2,347(5 per 1,000) 11.735 5. 1,380 retail 1,380(5 per 1,000) .9 6. 4,135 retail 4,135(5 per 1,000) 266.675 6. 18,082 retail 18,082(5 per 1,000) 90.41 7. 13,006 retail 13,006(5 per 1,000) 65.03 (additional second Floor Storage Space of 1,900 s.f. above Space No. 7 would not be counted for parking purposes) Second Floor 7,522 office 7,522(1 per 300) 25.073 Kiosk 225 retail 225(5 per 1,000) 1.125 Total Square Footage 54,849 s.f. Total Spaces Required 270.528 (271) Total Spaces Provided 172 Mn Made A.Hughes 2 Bingham Way North Andover,MA 01845-2402 -237 13N BOARD OF APPEALS !J UC vtr� Gg4c, u5-t. U v`rVP `k , �-c � ,rg f NORT1� ?°•�"" "° Town of North Andover '7- N .....r Office of the Planning Department .-. . ' Community Development and SerQWbjgisj3>P: 05 SACHU 1600 Osgood Street North Andover, Massachusetts 010�,' C 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: North Andover nning�Boad Richard Nardella, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen Jennifer Kusek Tim Seibert, Alternate cc: Town Departments Applicant Engineer Abutters it iuy iciiviainbtreet—banLauRealty 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, 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 2 109-123 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 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 Hanger 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 th_e 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 3 109-123MainStreet—SanLauRealty 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. 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.1, Exl.2,Ex2.1,Al.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. 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 gproperties u on abuttin as demonstrated on the Photometric Plan. P . 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 t%c 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 ivy-insiviainstreet—fanLauRealty 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. p p ications. 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 7 mg-imMainstreet—SanLauRealty 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 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. 8 109-123 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 Map 28,Parcel 48 Site Plan Special Permit May 1,2007 Stoneham, MA 02180 Scale: 19'=201 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, Exl.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 N ..t CD C3 CA 10 SAVE MONEY AND APRIL 2aoz REDUCE POLLUTION i WHAT YOU SHOULD KNOW ABOUT TRUCK ENGINE IDLING I Diesel engines play an important role in the transport II� WHAT CAN of goods and services nationwide. They are a durable and II You D O? economical source of power. However, there is growing concern about the health effects associated with exposure Turn off your engine to diesel exhaust. Diesel exhaust affects everyone, but when your vehicle is people with existing heart or lung disease, asthma, or not in motion. other respiratory problems are most sensitive to the _ small particles in diesel exhaust. Fortunately, new emission standards and new technology are helping to ensure that the Use electric engine cleaner diesel engines of the future will dramatically heaters to minimize reduce these health risks. If you drive a truck,there are several warm-up time. things that you can do now to save money and reduce pollution. WHAT ARE SOME OF THE PROBLEMS Use auxiliary power ASSOCIATED WITH IDLING? ■ units instead of the IDLING WASTES FUEL AND MONEY ■ - engine to provide • A typical truck burns approximately one gallon of diesel ■ ■ fuel for each hour it idles. ■ electric power. • If this truck idles for 6 hours per day and operates 300 — --� days a year, it would consume 1,800 gallons of fuel per 1 year, simply idling. • At a price of$1.25 per gallon of diesel, this idling comes E PA with a price tag of$2,250 per truck. 2 New England For more information: IDLING CAUSES EXCESSIVE ENGINE WEAR • Running an engine at low speed (idling) causes twice the Visit www.epa.gov/ne/ wear on internal parts compared to driving at regular eco/diesel/,or call the speeds.According to the American Trucking Association, 3 EPA Air Quality Hotline at such wear can increase maintenance costs by almost 1-800-821-1231 $2,000 per year and shorten the life of the engine. UNNECESSARY IDLING CAUSES POLLUTION • Idling vehicles can emit significant amounts of pollution 4 including: carbon dioxide, which contributes to global climate change; nitrogen oxides and volatile organic compounds, both of which contribute to the formation of ozone smog; poisonous carbon monoxide; and particulate matter. IDLING POSES HEALTH RISKS TO DRIVERS • While sitting in an idling vehicle, drivers are exposed to the vehicle's pollution more so than when the vehicle is in motion since there is no air flow to vent the emissions. continued 3 © printed on 100 recycled paper,with a minimum of 50`,o post consumer waste, using vegetable based inks SAVE MONEY AND REDUCE UNNECESSARY IDLING—STEPS YOU CAN TAKE: • Turn off your engine when your vehicle is not in motion. (Follow manufacturers recommendations for cool-down—usually 3-5 minutes after full load operation.) • Follow manufacturers recommendations for minimum warm-up time—usually 3 to 5 minutes depending on the vehicle. • Use electric engine heaters (such as block heaters) to minimize idling time during warm-up, especially in cold weather. • Install a small generator or auxiliary power unit specifically designed for a truck that provides heat, air conditioning, and/or electrical power while the vehicle is not in motion. These devices are a better, more efficient alternative to idling as they use substantially less fuel and emit less pollution. Depending on the amount of time spent idling each year, the payback on these devices can be one to two years. • When buying new equipment, purchase engines already equipped with devices that minimize idling and warm-up time automatically. • Follow anti-idling laws and guidelines in your state. Currently, three New England states have anti-idling laws: Connecticut, Massachusetts, and New Hampshire. FACTS ABOUT DIESEL ENGINES AND IDLING Although there are some legitimate reasons why trucks and buses idle (e.g.,to bring the engine to proper operating temperature),there are also some misconceptions. Most engine manufacturers INITIAL STARTING / WARM-UP TIME recommend that newer Most engine manufacturers recommend that newer engines run for roughly 3-5 minutes engines run for roughly 3-5 before driving. In colder climates, block heaters are a good alternative to excessive idling. minutes before and after They plug into electrical outlets and help warm the engine to avoid starting difficulties and driving. reduce idling time during engine warm-up. RESTARTING Today's winter blends of Although engine manufacturers recommend that you let your engine idle for a few diesel fuel are much less minutes after you stop, most newer diesel engines will stay warm for several hours after likely to gel in cold weather. they have been running, retaining more than enough heat to keep the engine warm and avoid starting difficulties. Older vehicles may have more difficulty restarting, but don't assume new engines should be operated like older ones. Check the manufacturer's Letting an engine idle actually recommendations. does more damage to the FUEL GELLING engine than starting and Gelling of diesel fuel used to be a problem years ago,but refiners have worked to resolve stopping. that issue by creating winter blends that better withstand colder temperatures. ENGINE WEAR AND TEAR Letting an engine idle actually does more damage to the engine than starting and stopping. Running an engine at low speed (idling) causes twice the wear on internal parts compared to driving at regular speeds,which can increase maintenance costs and shorten 48h4 E PA the life of the engine. Generally,fuel consumption during engine start-up is equivalent to New England about 30 seconds of engine idling. 1 Congress Street Suite 1100 Boston, MA 02114-2023 www.epa.gov/ne/eco/diesel/ EPA Air Quality Hotline: 1-800-821-1237 M.G.L. -Chapter 90, Section 16a Page 1 of 1 The General Laws of Massachusetts -- Search the Laws ' Go To: Next Section Previous Section PART L ADMINISTRATION OF THE GOVERNMENT ha ter Table of Contents MGL Search Page General Court Home TITLE XIV.PUBLIC WAYS AND WORKS Mass. ov CHAPTER 90.MOTOR VEHICLES AND AIRCRAFT MOTOR VEHICLES Chapter 90: Section 16A.Stopped motor vehicles; operation of engine; time limit; penalty Section 16A.No person shall cause, suffer, allow or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. This section shall not apply to(a)vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof,or(b)vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute alternate means cannot be made available,or(c)vehicles engaged in an operation for which the engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars for the first offense, nor more than five hundred dollars for each succeeding offense. http://www.mass.gov/legis/laws/mgl/90-16a.htm 5/18/2007 EPA search results Page 1 of 3 Jump to main content. ST4 Search results Contact us I Advanced search Search helpSearch: re EPA r within these results Itextmtruck idling Go • You are here: EPA Home • New search • Results for textw:truck idling Results 1 - 10 of 4,094 for textw:truck idling. This query was conducted against the entire EPA collection. [1] Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity01-13-2004 "Provides guidance on quantifying and using long duration truck idling emission reductions in SIPS." URL:http://www.epa.gov/ttn/oarpg/tl/memoranda/rie—q,vidti tg.pdf [2] Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity01-13-2004 Office of Transportation and Air Quality EPA420-B-04-001 January 2004 Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity Printed on Recycled Paper EPA420-B-04-001 January 2004 Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity Transportation and Regional Programs Division Office of Transportation and Air Quality and Air Quality Strategies and Standards Division Office of Air Quality Planning and Standards U.S. URL:http://www.epa.gQv/SmartwayLogi sties/documents/42ObO4001.pdf [3] "Guidance for Quantifying and Using Long-Duration Truck. Idling Emission Reductions in State Implementation Plans and Transportation Conformity."01-13-2004 Office of Transportation and Air Quality EPA420-B-04-001 January 2004 Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity Printed on Recycled Paper EPA420-B-04-001 January 2004 Guidance for Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementation Plans and Transportation Conformity Transportation and Regional Programs Division Office of Transportation and Air Quality and Air Quality Strategies and Standards Division Office of Air Quality Planning and Standards U.S. URL:http://www.epa.gov/otaq./smartway/documents/420bO4OOl.pd http://nlquery.epa.gov/epaswch/epasearch 5/18/2007 EPA search results Page 2 of 3 [41 EPA -TTN OAR Policy and Guidance -Reducing Idling Emissions: Quantifying,and Using Lona Duration Truck Idling Emission Reductions in State Implementaion Plans and Transportation Conformity : Technical Guidance05-15-2007 Document Title/Subject: Reducing Idling Emissions: Quantifying and Using Long Duration Truck Idling Emission Reductions in State Implementaion Plans and Transportation Conformity : Technical Guidance Related Documents: Signed by: Steve Page and Margo Oge Signature Date: Contact:David Solomon 919-541-5375 Filename(s): http://www.epa.gov/ttn/oarpg/tl/Memoranda/tie_qvldfi_tg.pdf URL(s): Regulatory Authority: Title 1 Division/Director: Air Quality Strategies and Standards Division(OAQPS)/Lydia Wegman Submitted By: solomon.david OGC Contact:Howard Hoffman/Sara Schneeberg OGC Phone#: (202)564-5582/(202)564-5592 Internet Contact: Jeff Clark Document Type:Policy& URL:http://www.epa.gov/ttn/caaa/tl/meta/m 11752.html [5]EPA-TTN OAR Policy and Guidance -Using Locomotive and Truck Idling Emission Reductions for New Source Review Offsets: Technical Guidance05-15-2007 Document Title/Subject:Using Locomotive and Truck Idling Emission Reductions for New Source Review Offsets: Technical Guidance Related Documents: Signed by: Stephen D. Page, Director, OAQPS Signature Date: January 14, 2004 Contact:Nancy Mayer 919-541-5390 Filename(s): http://www.epa.gov/ttn/oarpg/tl/memoranda/nsr-idling.pdf http://www.epa.gov/ttn/oarpg/tl/Memoranda/nsr-idling.wpd URL(s): Regulatory Authority: Title 1 Division/Director: Information Transfer and Program Integration Division(OAQPS)/Bill Harnett Submitted By: long.pam OGC Contact: Howard Johnson OGC Phone#: 202-5645582 Internet Contact: Jeff Clark Document Type:Policy& Guidance Memos EPA Document Number: Federal Register: Supersedes: Subject URL:http://www.epa.gov/ttn/caaa/tl/meta/m26538.html [6] January 2004 Guidance on Using Locomotive and Truck Idling Emission Reductions for Offsets02- 03-2005 Using Locomotive and Truck Idling Emission Reductions for New Source Review Offsets 1. What is the purpose of this guidance? The purpose of this document is to provide you with guidance on using emission reductions for new source review(NSR)offset purposes from technologies which reduce long duration emissions from the following: 0 truck idling emissions from Class 8 truck emissions included in the on-road mobile sources inventory, and ❑ switch yard locomotive idling emissions. URL:http://www.epa. og v/re iog n07/programs/artd/air/nsr/nsrmemos/idling.pdf [7] Diesel Factsheet_Truck_Idling.p6505-20-2002 –,._.— Apri12002 What You Should Know About Save Money and Reduce Pollution Truck Engine Idling What Can You Do? Turn off your engine when your vehicle is not in motion. Use electric engine heaters to minimize warm-up time.Use auxiliary power units instead of the engine to provide electric power. Diesel engines play an important role in the transport of goods and services nationwide. URL:http://www.epa. og v/regionI/eco/diesel/assets/pdfs/Diesel Factsheet Tru... [8]EPA highlights $200,000 grant to reduce truck idling!Newsroom I US EPA 12-15-2005 EPA Newsroom -Press Releases, Speeches, and the EPA Events Calendar URL:http://yosemite.epa.gov/opa/admpress.nsf/4b779454038214c 1852572a000651... [9]EPA highlights $200,000 grant to reduce truck idling I Newsroom I US EPA12-15-2005 EPA Newsroom -Press Releases, Speeches, and the EPA Events Calendar http://nlquery.epa.gov/epasearch/epasearch 5/18/2007 EPA search results Page 3 of 3 URL:http://yosemite epa gov/opa/admpress nsf/a883dc3da7094f97852572a00065d... [10]EPA highlights $200,000 grant to reduce truck idling I Newsroom I US EPA12-15-2005 EPA Newsroom-Press Releases, Speeches, and the EPA Events Calendar URL:http://yosemite.epa.gov/opa/admpress.nsf/89745 a3 3 Od4ef 8b9852572a000651... Results pages: 12 3 4 5 6 7 8 9 1011 12 13 14 15 16 17 18 19 20 [Next] • EPA Newsroom • Browse EPA Topics • Laws,Regulations & Dockets • Where You Live • Information Sources • Educational Resources • About EPA • Programs • Partnerships • Business Opportunities • Careers • EPA En Espanol • • USA.gov • The White House_ • Reaulations.gov Didn't find what you were looking for9 Try your search for textw:truck idling at USASearch.goy or Google FAITdi%dahncr • EPA Home • Privacy and Security Notice • Contact us Environmental Protection Agency,Ariel Rios Building, 1200 Pennsylvania Avenue,N.W., Washington, DC 20460 Jump to main content. httpJ/nlquery.epa.gov/epasmrch/epasearch 5/18/2007 A Town of North Andover N°RTM Office of the Zoning Board of Appeals Community Development and Services Division 27 Charles Street " + • ��� ,avia North Andover,Massachusetts 01845 '& CHUstt D. Robert Nicetta Telephone(97@�fi88-9541 688;.954297W Building Commissioner Fax( , M Any appeal shall be filed Notice of Decision -0 ;.i C' within(20)days after the Year 2002 A Fri CDf.r- date of filing of this notice r�^r in the office of the Town Clerk. Pro at: 11-15 First Street p NAME: Paul Dedoglou,Trustee of Evros Realty Trust, HEARING(S): 10/29,11A2,& 675 Foster Street,North Andover. 12/10/2002 ADDRESS: for premises at I1-15 First Street PETITION: 2002-049 North Andover,MA 01845 TYPING DATE: 12/12/02 The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday, December 10,2002 at 7:30 PM upon the application of Paul Dedoglou,Trustee of Evros Realty Trust,675 Foster Street,North Andover,MA for premises at 11-15 First Street,North Andover requesting a Variance for relief from Section 8,Paragraphs 8.3,8.5,and 8.6 from the requirements of off-street parking;and a Special Permit from Section 9,Paragraphs 9.1 and 9.2 to extend a pre-existing,non-conforming structure and use on a pre-existing,non-conforming lot to allow for the proposed remodeling of an office by reducing the size of an existing restaurant,with frontage on the Northwest side of First Street within the GB zoning district. The following members were present: William J. Sullivan,Walter F. Soule,John M.Pallone, Scott A. Karpinski,Ellen P.McIntyre,and Joseph D. LaGrasse. Upon a motion by John M.Pallone and 2nd by Walter F:Soule,the Board voted to GRANT a` Variance from Section 8,Paragraphs 8.3,8.5,&8.6(Off Street Parking)for relief of 9 parking.. , spaces from the required 20 parking spaces(restaurant=10,retail=2,office=2,and 3 residential units=6 totaling 20,also,On Street parking is available per"Parking Study First Street Starr Pizza Variance Request"by William J. Scott,then Director of Community . Development and Services,dated December 10, 1996.)due to reduced seating capacity from 28 seats to 20 seats in order to build an office in the Pizza Shop;per Plan of Land owned by Evros Realty Trust,Paul Dedoglou,trustee, 11-15 First Street,by Scott L.Giles,P.L.S.#13972,date: 9/30/2002,revised 10/2/2002, 12/10/2002,and 12/17/2002;and GRANT a Special Permit from Section 9,Paragraphs 9.1 &9.2 to alter a pre-existing,non-conforming building on a pre- existing non-conforming lot to allow the applicant to reduce the size of his existing restaurant and change the use of the remaining space to office use per above Plan of Land,and Proposal For: Star Pizza,Proposed Multiple Business Use, 15 First Street,North Andover,MA 01845, Date:03-25-2002,Rev: 03-26-2002,0417-2002,plans A-1&A-2,by Gregory P.Smith, Registered Architect#8683,GSD Associates, 148 Main St.Building"A",N.Andover,MA 01845,on condition that change of usage of any of the residential,office,retail or restaurant units shall be submitted to the Building Commissioner for his approval. Absence of his approval will require a return to the Zoning Board. Voting in favor: William J. Sullivan, Walter F. Soule,Scott A.Karpinski,Ellen P.McIntyre,and Joseph D.LaGrasse. Pagel of 2 Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 Town of North Andover NORTft Office of the Zoning Board of Appeals p Community Development and Services Division y 27 Charles Street North Andover,Massachusetts 01845 'SSACHU5Et D.Robert Nicetta Telephone(978)688-9541 Fax(978)688-9542 Building Commissioner The Board finds that the applicant has satisfied the provisions of Section 9,Paragraphs 9.1 & 9.2 of the zoning bylaw and that such change,extension or alteration shall not be substantially more detrimental than the existing structure to the neighborhood;and that the December 10, 1996"Parking Study First Street Starr Pizza Variance Request"of William J. Scott,then Director of Community Development and Services,allows the finding that Section 10, paragraph 10.4 of the Zoning Bylaw and that the granting of this variance will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning Bylaw. 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. Town of North Andover Board of Appeals, j William J.Sullivan,Chairman Decision 2002-049. CD c-7) `0 -r• Page 2 of 2 UJ O Board of Appeals 688-9541 Building 688-9545 Conservation 688-9530 Health 688-9540 Planning 688-9535 r RECEIVED JOYCE BRADSHAW 0 OAV pt•N„ 1NORTH NDOER ' °p DEC 9 zi SS.cMus�`< TOWN OF NORTH ANDOVER MASSACHUSETTS Any Appeal shall be filed within (20) days after the date of filing this notice in BOARD OF APPEALS the Office of the Town Mork Notice of Decision Property: 11-15 First Street Evros Realty Trust Date: December 24 , 1996 11-15 First ST Petition: 031-96 North Andover MA 01845 Hearing: 12/10/96 The Board of Appeals held a regular meeting on Tuesday evening, December 10, 1996, and a continued meeting on September 10, October 8, and November 12, 1996 upon the Variance application requirement of Section 8. 1 paragraph 6, for off site parking to accommodate the expansion for more seating capacity of the Pizza Shop, Table 2 in the GB District of the Zoning By Law. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Robert Ford, and Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on August 27, 1996 September 3, 1996 all abutter were notified by regular mail. Upon a motion by Robert Ford, seconded by John Pallone the Board voted unanimously to Grant a -variance for off site parking for the expansion capacity from 18 to 28 total seats in the Pizza Shop-. Voting in favor were: William Sulllivan, Walter Soule, Robert Ford, John Pallone and Ellen McIntyre. Petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the neighborhood or derogate from the intent and purpose of the Zoning By law. 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. Board o` Appeals, William Sullivan, Chairman Town of North Andover NORTIy OFFICE OF 3?°4 `•' •1hooc COMMUNITY DEVELOPMENT AND SERVICES ° . p 146 Main Street North Andover, Massachusetts 01845 � '-�,,„o,:•”�5 WILLIAM J..SCOTT. �Ss�cHus�t .Director Memorandum ' To: Chairman William Sullivan From: William J. Scott, Director Community Development and Services Date: December 10, 1996 RE: Parking Study First Street Starr Pizza Variance Request As per your request I prepared the following table which results from observations on the dates and times indicated. The"Space in Fro4' column represents those spaces that were vacant in front of the applicant building, this does not count toward the total because it is included already in the First Street Spaces. The"Space on.First"are those spaces from the corners of Main and First to the end of the marked spaces. The"Space on Main"represents those spaces that are in front of the offices around the corner to the entrance of the Messina center and the corresponding spaces across the street. The Main Street spaces.were added because of their proximity. The "Number of Seats"column represents the number of seats that could be accommodated by the . number of spaces available at 1 space per two seats. The 25%and 50% columns represent the number of seats at 25%and 50% of the parking space availability. The gray highlight represent the times I consider as the business peak periods 11:30 to 1:30. Date Time Space in Space Space on Total Number of 25% 501% Front on First Main Spaces Seats Seats Seats 12/4 8:30 am 2 5 7 12 24 6 12 12/4 10:30 am 0 5 5 10 20 5 12/4 2:30 PM 1 5 7 12 24 6 12 12/5 8:30 am 2 6 1 6 12 24 6 12 12/5�k11:00 am 1 5 7 2 24 6 12 12/5 3:00 PM 2 5 1 6 11 22 5.5 11 12/6 8:30 am 2 b 5 11 22 5.5 11 440 Y £r ;Mc gp J SCF' . 12/6 3:30 PM 2 6 7 13 26 6.5 13 12/7 10 am 1 4 1 5 r , 10 2.5 -5 12/7 2 PM 1 11 4 15 30 7:5 v 15 12/7 4 PM 2 1 5 16 32 8 16 1 '. .Q' � ;� s 4n• Rs." 12/9 3:15 PM 2 5 8 13 26 6.5 13 Total Average 1.16 5.55 5.30 1 10.83 21.66 5.4 10.83 Average for Peak 0.3' 4.3 '4.5 1 8.83 17.66 4.42 8.84 With the above information the Board should determine what percent of the available spaces do you wish to assume will be used by the applicants expansion. I would assume that 25% of Average for Peak periods would be sufficiently conservative. This would be added to the current seats to obtain a total allowable seats. Therefore the total would be{ 18 (current seats) + 5.4 (25%of Total average)}= 23.4 Total allowable seats, round up to 6 additional seats. The Board could be more conservative using only the peak period or less conservative using the 50% numbers. Y1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t, N01M • _ 1. 1HE 91E IS NOT LOWED W1HN A FEMA RDD ME CR W1HN 1FE MM CF NOZIH RZOVS FLOOD PLAN DSIRCL 2 11 E 9TE IS NOT LOOMED W1HN 1FE TOM CF N7 H SCHOOL STREET , O t A*VWR WA107&0 FRQIECIICN DSIRCL } !" 3 1FE 91E IS LOCATED IN 1FE GDUM EtSwNE55 (E" z ,r s a , r. M4NG CISIRCr O 42'_` =�_ - - i� �� ;' e r,«_. �' . . syc '" I -• , *;:._ - =r "' 4 PRgTIT LOT 00�3i/KF=31% N ,�,." , 1 � �", � _ _ -� °-_ 9Y sD• .. : 1 R�LOT ODBO E_=G O a1 z L ,, s5ww". xi N 5 134SM CN SCS ML MND 1EE LIWITLANG SOLS PF;E C*MN SOLS FMM (n I r J io NSP 22 0'• sevao ., 52V 110.00'K- s' 00 IL 1 u 10� iy (0•epi j , . .w6`.: � j. .. •ry aB.fi-'AZi.Y: � 0 . x $ M --46r _ t / + 51'`.7" < .•.dl „� I ar EXISTING BUILDING LINE --- Y � V.9PROPOSED BUILDING LINE ii far EXISTING '""•a ”` i �'�'r _ a m t:• - _. � � EDGE OF PROPOSED -��, AHI, I ,(1 � SED ROOF LINE �-^� PAVEMENT ,� aqui , 13.1 rLIJ it H WQ +H it �, ® nv. F- Q�j1� ,� , �•br � D9!ii: •• wfY,E r 9AYZ > Lj > li !' y Tvp. J t. . d Q I a � � ASSESSORS MAP 28 PARCEL 48 :+ E)�ISTING w I Q z M = n` N z+v EDGE OF N PAVEMENT 460' sa r .94r i 'fit > , O 0) O ar •• • � 0 Z N 0Z PROPOSED DRIVE THRU ROOF 6.3! 6.6 �' j 3'2 EXISTING March'onda EDGE OF do Associates, L.P. Roof Line © a"° ; ' i ; PAVEMENT '• O 3.0' ® PLIOSK Ple "ug r Conniltanta i• ' ' ^ J 62 MONTVALE AVE.,SUITE I 6.3 r �. a' ''CN 0)♦ STONEHAM,MA 17 43rAX 8 Nr 97 DATE: February 12 20076 9 0 O Rev. March 13, 2007 0.2' 40 20 0 40 H:\PR..\728-01..\Plans\Var..Plan 4 FIRST STREET SCALE: 1'=40' SHEET 1 OF 1 April 12, 2007 Attention: North Andover Zoning&Planning Board As you are aware, a petition letter containing signatures from many of the abutters of the Messina's shopping center was previously submitted. The petition outlined our shared concerns regarding the proposed CVS drive-through window on First Street. Those concerns include: • Noise pollution from cars • Exhaust fumes • Lighting • Parking on First Street • 24/7 Business hours • Additional traffic Many of us living at the Bingham Way Senior Housing agree with those issues listed above and would like to add the following"behind the building" concerns. Specifically these additional issues include early morning truck deliveries and emptying of the dumpsters which in the past has been occurring before 6:00 a.m. With an expanded CVS location,these activities will only increase. We are requesting that these activities take place at least after 6:00 a.m. Security Lights to be turned away from hitting the senior building. It is our hope that the CVS drive-through window on First Street not to be permitted. However if CVS is permitted to move forward with the drive-through window,we are requesting that all of the concerns be addressed. Possible solutions would include barrier landscaping to protect from noise,lighting and exhaust, as well as some limitations to the hours of operation. The current plans for a 4 x 2 foot lattice fence will not prevent car lights from reflecting into the bedroom windows which are directly in view of the proposed drive-through window. Lastly,most seniors currently have prescriptions delivered by mail order to their homes, therefore this service is not of any real benefit to this group as some have positioned. Thank you for your attention on this matter. Marie Hughes 2 Bingham Way North Andover, Ma. 01845 APR 13 L00! BOARD OF APPEALS a Site Plan Review & Special Permit Application Plans for: MESSINA' S North Andover, Massachusetts OWNER: April 122007 San Lau Reatly Trust 109 Main Street North Andover, MA 01845 LIST OF DRAWINGS: LOCUS PLAN 71-09'00"W 71-08'00"W WGs6473 0700 W LANDSCAPE ARCHITECT: C-1 EXISTING CONDITIONS SURVEY s 5d T a C-2 LAYOUT PLAN hPo A � ' � Huntress Associates, Inc. C-3 GRADING & UTILITY PLANkt- kE' � q % '� I ` t 17 Tewksbury Street ll C-4 SITE DETAILS ' r � �_ \', Andover, Massachusetts 01810 r�C-5 SITE DETAILS ' 978.470.8882 SP-1 SITE PREPARATION PLAN CIVIL ENGINEER & SURVEYOR: L-1 SITE IMPROVEMENT PLAN �`a�°�° L-2 SITE IMPROVEMENT DETAILS s, o J Marchionda & Associates, LP � � L-3 SITE IMPROVEMENT DETAILS 62 Montvale Avenue, Suite One Stoneham, Massachusetts 02180 Exl.l EXISTING FIRST FLOOR PLAN 781.438.6121 781.438.6121 Exl.2 EXISTING SECOND FLOOR PLAN 71°09'W"w - 71°08'°a'W WG58411°07•°O..W Ex2.1 EXISTING ELEVATIONS L�Ht n•Tae s Ashoci'AresY o.s 1.° m� 5J" ARCHITECTS: �Y 0.0 0.5 1.0 1.5 km A1.1 PROPOSED FIRST FLOOR PLAN 1 ' HH Morant, Inc. A1.2 PROPOSED SECOND FLOOR PLAN 221 Washington Street A2.1 PROPOSED ELEVATIONS ZONING CHART Salem, Massachusetts 01970 A2.2 PRELIMINARY SIGNAGE PLAN ZONE: GENERAL BUSINESS USE: RETAIL,OFFICE,RE5TAURANT 978.744.5354 REQUIRED PROPOSED ATT: PHOTOMETRIC ANALYSIS LOT SIZE 25,000 sF I45 93 sF TRAFFIC ENGINEER: MAX.HEIGHT 45'max. 32'-4" FRONTAGE 125' 321.13' FRONT SETBACK(Main Bulldln -Main St.) 25'min. 14 DJK Associates, Inc. FRONT SETBACK(Main Bolidln -Firs}5t.) 25'min. 14.9'• FRONT SETBACK ATM Klask-Main 5t.) 25'min. 3' FRONT SETBACK(ATM Kiosk-First St.) 25'min. 9' 280 Main Street REAR SETBACK 50 min. 51 " North Reading, Massachusetts 01864 FAR N AN/A LOT COVERA6E 35%max. 29.04% 978.664.2205 RECEty PARKIN& 258 spaces Ill spaces ED DRIVE THRU CANOPY ONLY. MAY 14 2001 NORTH ANDOVER ►'LANK NG DEPARTMENT MAY 14 20 D 07 BOARD OF APPEALS 128 PAIN 5 N REALLY TRUST a087 BIDc EAR 9DC ZSpSRe[I-fS ASSESSORS YAP JO PARCEL 1 N r2o Y.VN R r1/NE LW//lIXa x/P > r- PWI 1919 LANDER$XCE TRUST W a PA`s A5565DR5 Yij -W > M a0 PARCEL ASSESSpRe YPARCa 10 0 FS-20-22-24 OD W C p Z � g RETA80N0 wu Streetline N59'50'20`E 101.95' -7 Y a m Q se0x FNDWkw ® T 40' F p C7 G Rc°o 1tl SCHOOL STREET °ws tom PAW �° a TraYm� I LL Z 5 6 6 B 9 Ig dog 01 srN iAl '�OSizCP eS]9 Om arG SEE PLAN]N6 yyM1D OONr TF vP.W I �` 2 a iI DEED 8001(11N1 PACE rn / Q �j UPOLE l.Wa C I l I gL' N.PO(E J TO 5587533 &d / we o Rome �� 24 56 82.63'- rn > PA's ma�x \`\ s1C .._Y 0- \ - I IU—u 99.50 WAewr �. RnA9Nm wAu I I S59'50'20'W 202.94'— _ z U EAR e+Dc I I 4 I I 5L0_WII' 30.1' N FOW/pbh ��-{-IOL Rtat I I LP +T-aRy FABEYEIIT UNE > 0,-Pia so- edrma. 1y I 1 -- = NORTH As sNo9rl oN THIS PLAN DOES NOT REFLECT ALL Ev=l wBl.`ala fe NWSI 0 AUINaZ6ORITY uNREca+am PUN R LAND UNDERGROUND UTILITIES THAT MAY EXIST 100 ❑❑ ❑ ❑ Cme Poo Ca+ddwF �'L-\ N ZaHNO=MC-ce Wl UUP REn-tew• ASSwS=YAP 30 PARCEL s REALTY IM41' ON THE SUBJECT AND ABUTTING PROPERTIES. Ac unrc. Ac unw `��`� a BY STONERS Assoc DIG SAFE SHALL BE NOTIFIED PRIOR TO ANY rn Pa6o wt[n YAR(11 r9e9 EXCAVATION,DEMOLITION,OR CONSTRUCTION. N � swrr EAST 8(DC S60'S0'S2`W 110.00' / BENCHMARKS 3&B' - PK NAIL SET UTILII POLE 1523 FIRST STREET ELEVATION =85.65'5.65'N. ANDOVER SEWER DATUM. 27.5' IL c PK NAIL SET UTILITY POLE 1403 MAIN STEET FL-87.70' n-eon, �\ z ELEVATION =88.06'N. ANDOVER SEWER DATUM. 24.6' Fl.-8)n' aPNr II n-ea n' Meeer' Dmc Poo Boma fi Cmc SIM.dM II b,a Fl.DaR CI a,a 100 T-.— ❑ I CROSS W RPmp o eo9ard Crm II L————— ft-ea]w g O1 NP. 1300 Cd 11 aao..rap suN _ \\ARaNc,SPATES o N ^ 0 R.- '0, 1 '' r o w ItO 1 UlP <I 0 RRY-uses• �^''(� 1 U y y 5 a It O ce tl mnfd,Eo a-B7.SY llo 1 SBD DHELD F= of rn II y�' II 18 NP. N.P. IIIA. o o N ¢a n R m LPOIE II_ L \ O it 11 N N W sg --y-- cold,DOaF 11 p s N.P. R I II 1 ti a, z o Imp-eSeB' O II 17 II �,PpE a z N O 1 M P. - s 1 'r z Z N 1 Ron-ES.OY ^ Q1 LVwB+.tO' fPcllaN M e]w' ,�I�I 1 3 1 I I o 'N" J 111 52.6It ' y 11 x� R 111 ! gz ' y 20 n-es.ss' ItIt G LPOIF LPNF 11 U,= m;6cr a W ` I- a W II �- U.PLAE 2D Iii QO W s F—p ednaa ii ' m W m ASSESSORS MAP 29 PARCEL 48 I F ? ° j 145,893 SQ. FT. 111 O Q c 0 v l Q O 3.349 ACRES II 5 f{{{YYYY Reim-e1.2Y it ' > o G Z a �i N L.POLQ `E ' 2 aper Ilm V O •n= 01 p� z 20 • � o a Z LPOLE LPOIE 4 Rm 1 N z H W erl 2D R-89.18' BoAaa- 9,11 pp �11 b O EASTwc o cant Pod \$\,g P 085MSPAQ \1�3 Marchionda /;/ & Associates, L.P. jg �I a LF.-+2'Ra I I LPaE u ' i c Engineering and �I : s-amso'/1+ N59 8 01 E 207.22 - SII ./� R �I N61'0T11`E 271.01' /i SBDN FND /i rwaro ctna sYa.dw II TJ aPaE /i Planning Consultants g cordwaaa �JIlW 811 B"'"- Y vale Avenue Rsn-n.ee• ♦ -- ------------------- -------- --------- ---------- --------- --------------- 2 Mont La ----------------2'RCP ---------------------------------------- Suite h y 4 )39' My--)a.]0------------------- TN`(S.u•RCP s-aom'/rL aw7e 9+ 1�-39-(3' WH Y Iw LP 12" S-aoOW%/!--- IMD�H03T �61i PIXE .III I2 Li.' lls Ca1d,EaaY, II +T� RM-7a9e' cofwemn• Prr NAn.sEr .'sf+com,9orn to a am, MA 02180 xD MIs-ao32Y/KI13 R % 6. '� A��'� e3'� C ==w TEL: (781) 438-6121 11 F SYN IPi/'' F4w/D*D ( ) c.IMDosn jA FIRST STREET w iii �ti M1 FAX: 781 438-9654 s s SEmail:Email: engineering®marchiondo.com S y" gii "1133 \ s �a s 0 Website: www.marchionda.com wD RII =113 . - CaLWasH �4 RIm-e9.12' UPOLE till CatcnDwh^ i R6n-81.89' i„N INw77.e2 DATE: OCTOBER 31, 2006 Cmc$Y.YdE � -- M)q CLEVELAND STREET 0.-ShvdE Rte•\T&-(T\V0\ MWWVX r77M. h A. N0. 725-Ot SCALE: 1"=20' "''° SHEET C-1 3 Street7ine m - - -- W ao o N59'5O'2O°E 101.95' LLIG SaDH FIND 0 w W Ictl Z n g p z Z o C LL Z dog 1 1 THIS PLAN DOES NOT REFLECT ALL Existing Retail & Office Space UNDERGROUND UTILITIES THAT MAY EXIST ON THE SUBJECT AND ABUTTING PROPERTIES. Proposed Retail Space \ DIG SAFE SHALL BE NOTIFIED PRIOR TO ANY Two Story EXCAVATION, DEMOUTION,OR CONSTRUCTION. F.F.=88.75 Single Story � _ (j F.F.=88.75 - _...- � "Y BENCHMARKS PIK NAIL ss.5523 FIRST STREET OW ' h rn ELEVA11ONE-85.65' PANDOVER UTILITY E SEWEDATUM. .-,._• �.•\ ,_ .-.�I ... .-_ ._ ..:. _. _ i-- e� 03 MAIN ELEVATIONPK NAILE-88ON 6 N.ANDOVER SEWERSDAETUM, s : O SIIUTIL17 POLE �� 41.8•--•j .. ____ __. .__ ..___ __- �' RS.O. L 1 a b �aD•° 1 it 1 9.0' I R3.O' p. F m � SBDH�0 011 m O 51.Y TYP. _-25.0' Z d '--... .-. _.. _ 1 - Proposed Retail Space 'O.a 9.0' aO6 a TYP. o 27.5' Single Story i p o ice' © 5. N W 5.1YP. D y � I F.F.=88.75 O� s 8275• •: 0= 241.0' r D T1P. o _. ...___. ..__.....__. _ 18.0' -�`9c, I 9.0' o __ 25.5 _ _ 25.0'—} I TYP. i 53.7' ' t. P Rs0 ° o� TYR I R5. Z • �. Lu W R2.75' N y� Uj O 24.0' .1 z > F Z 9.0'TYR 8.0' a O lO0 > f. Q v O r --- - 25.0' I R2.75' Proposed Retail Pharmacy TYP..-j-'240 � CC o W 2 z Tm Single Story �2ZO' O L Q v d' r7 a o FF 8775 o N= -- -- s5 li Z Z 1 1aO• ® TYP. © gO 1 1 R275' 24.0' R273' 63.8' 9.0' o I Q i _ o 9Marchionda TYP m� o � -• o _._._�- � �__. I I R O i T ,�. -- -- - - l __! �` 0 0 - .-- Associates, — --- o• p5� SBDN rND Engineering and ,—_v.4• as_D, Planning Consultants 62 Montvale Avenue Suite I Stoneham, MA 02180 TEL: 781) 438-6121 FAX: 781) 438-9654 Email: engineering®morchionda.com Website: www.morchiondo.com DATE: JANUARY 17, 2007 ItlfR01.\728-OI...\RA\LAYOUT 3-11-W PILWIG (PERMITTING PLANS M.d A. NO. 725-01 1 SCALE: 1•-20' SHEET G2 i W a � o Streetline o 5H0R FND N59'50'20'E 101.95' r'� = Z � 40 F Q c m S m w W 1y Z n $ o i Z z s I IL 0 � LLg 1 I I THIS PLAN DOES NOT REFLECT ALL Existing Retail Office Space UNDERGROUND UTILITIES THAT MAY EXIST \ ON THE SUBJECT AND ABUTTING PROPERTIES. Two Story Proposed Retail Space DIG SAFE SHALL BE NOTIFIED PRIOR TO ANY F.F.=88.75 Single Story EXCAVATION, DEMOLITION, OR CONSTRUCTION. F.F.=88.75 C..� BENCHMARKS PK NAIL s r j 36.5' �y TsrR��c ELEVATION E=8565 N.T UTILITY POLE DOVER SEWER DATUM. ELEVATION 88.06 N.ANDOVER SEWER DATUM. PK NAIL SET UTILITY POLE p403 MAIN STEET `� X1.8'---�... .__ ._ .. - R3.0' I e I n L1 _ 9.0' R3.0' x j TIP. 16 Ob HELD F T1P. - 1 9.0' a`&o we 5. 27.5 Proposed Retail Space 400 g Tw. © I I Single Story Z qaq o O N z F.F.=88.75 s w -a2.75' rr � 241.0' 9.0' I 111 I R'75' TW o� o - oF 1,5.a FF ao 6D' o_.5 25.3' ®� TYP °IF 53.1' W Q RSD— Z HN w� `R2.75' (Y 1 24.0' Z / V) TW. 8.0' a O _ Q JJ ao 25.0' R2.75• Proposed Retail Pharmacy nR. Z O z4.o' H QQ -` 0 o W f z TYP. m I I Single Story �2zo'' O L Q a v �' 10 o• 551 N FF = =87.75 '.: � M �r .__._. -. 27.3' Z O 0 1 1 O Z TTYP --0--_ TM RZ75' `i moi- O Z r1 2 10. R2.75' I --.______-__.____ 63.8' Q I _ o . F Marc oda ,--__2zs Associates, L.P. & es 390H M Engineering and —27.4' qso Planning Consultants 62 Montvale Avenue -- Suite I Stoneham, MA 02180 TEL: (781) 438-6121 FAX: (78 1) 438-9654 Email: engineering®marchiondo.com Website: www.marchiondo.com DATE: JANUARY 17, 2007 k1fR0:L.\Y!8-OI..WAN51j/�Y01T YII-07 PLWX PERMUTING PLAN M. k A. N0. 725 $GALE: =20' SHEET G2 Uj k W a W p Q Streetline } ZHQ Q N59'50'20'E 101.95' p SON FND m = m 40 Q C7 Z $ p Z Z KlLL Z a 0. p g _ o Q3a swH FM LIMIT OF NEW PAVEMENT / e THIS PLAN DOES NOT REFLECT ALL UNDERGROUND UTILITIES THAT MAY EXIST RD ON THE SUBJECT AND ABUTTING PROPERTIES. DIG SAFE SHALL BE NOTIFIED PRIOR TO ANY Existing Retail & Office Space F 88�� EXCAVATION,DEMOLITION,OR CONSTRUCTION. i Proposed Retail Space — Two Story � BENCHMARKS Single Story F.F.=88.75 � F.F.=88 75 —���IpQQQ PK NAIL SET UTILITY POLE#523 FIRST STREET ELEVATION =85.65'N.ANDOVER SEWER DATUM. I I PK NAIL SET UTILITY POLE#403 MAIN STEET O ` ` ELEVATION=88.06'N. ANDOVER SEWER DATUM. ,.� _ O o � y� 6 aI I PROPOSED pp I \\ MODULAR BLOCK n RETAINING WALL •. � o :�✓ )RD JJ $Bhw § Y Y F a Proposed Retail Space o ° Single Story / w x F F.F.=88.75 "y O o � W s;:;. 1 F- H F w� Z z> z \ Q � p v � ao ♦���\ Rim C. Basin - — o f z Rim El.out=76. \ �j� m Q v M a Inv. (out=76.43 `y \\ Proposed Retail Pharmacy v M a N F \ Single Story _ } g �o I ® Pr. S.M.H. Z F.F.=87.7.5 Rim El.. 8.38 Q Z O Oz \ RD A Inv. (out)=80.40 Q O Q Z H Posed C. Basin - o ,- RimropEI-79.80 Inv. (out)=75.30 P� Proposed C. Basin 12" R.C.P. \_ -\ Rim EI.=79.30 \ a \ ti Inv. in)=75.00 \� L=20' Inv. Pout)=74.95 \. 12 RCP• ° Marchionda 5=0.015' 12" R.C.P. S=0.01'/, E== RDi, © eo 0 Pc C. Basin �_ ♦ � iI PR. DOMESTIC & & Associates, L.P. L=31' Rim EI.=85.0 i FIRE SUPPRESSION S=0.015'/, o Inv. (out)=79.45 N j WATER SERVICES Proposed _ E Engineering and Inv.(in)=74,48 Planning Consultants �� .� •I seDN r,rD 62 Montvale Avenue Ff N Suite I Stoneham, MA 02180 TEL: 781) 438-6121 FAX: 781) 438-9654 uMlr of woRK I Email: engineering®morchiondo.com Ii I Website: www.marchiondo.com LPERMITTING DATE: JANUARY 17, 2007 PLANSM. &A. NO. 725-01 1 SCALE: 1-=20' SHEET C-3 GROUND SURFACE T.A SURFACE o CONCRETE AGAINST p UNDISTURBED MATERIAL GRACE� " TRENCH WIDTH W4 OR WV�— WW F Pwc REswNED W.//:.1'.•,• 45'MAK 1.` C zI ON EWPL To FR,CnOW C.AYP MATEPonMBED YPo%2 I2 NO(EDGE!R AVALVE So 1DUISTAANDARD 0509 CJ _ ' THRUST BLOCK OUNE OF NARROW SMO! THIS LANE. NO r1'•.. ZWATER ONCREIE BACKING MENW LMIT Z MAN ACANST UNDISTURBED COMPACTED BACKFILL WITH NUT E MATERIAL ACCEPTABLE ORIONAL MATERIAL WASHER IL OTYPICAL BEND TYPICAL PLUG COMPACTED ZONE " MAK STONE SE IY TIE ROD Di SUITABLE ATER MAN In BACKFILLED W/SDECT- i' 1'`t.,;`.-. d ED EXCAVATED NAT- LENGTH-THREADED SLEEVE DUALS WMO '' M f EACH END 3 ROD FOR I HD WATER MAIN STONE LARGER MAN O '" 8'MIN. �_L 01 SLEEVE 01*FULL BODIED MALLEABLE"NNu ROD 7�'"R00 FOR 1Y MAIMS' MAINS 1� SPOOL PIECE RESTRAINING 1 TEE HEAD MJ BOLT TEE3'MIN. B'MIN. Amo T - �AM VALVE TYPICAL GATE VALVE u MAX As NOT TO SCALE f CONCRETE AM ST = = H REO'D 1 UNDISTURBED O z FLANGED TAPPING MATERIAL -. HAF SECTON MAIL SECTION GATE VALVE IN EARTH N ROD! GATE EARTH 1 CONCRETE AGANST UNDCONCRETE UERBEOGAINST MATERIAL UNDISTURBED TAPPING SLEEVE AND TYPICAL TIED MECHANICAL JOINT MATERIAL WATER MAIN TRENCH DETAILS VALVE DETAILS VALVE CONNECTION DETAILS wATERwIN NOT TO SCALE NOT TO SCALE NOT TO SCAM T"SUST BLOCK TYPICAL TEE TYPICAL SECTION FOR SHEETED TRENCH WX.4/D♦32'OR 50',WHICHEVER IS GREATER NOTE' CONCRETE FOR THRUST BLOCKS SHALL BE FOR MNSNEETED TRENCH VAI-4/3 D f 1C OR 38'.WHICHEVER IS GREATER NO LONGER THAN ME RATIO OF 2 1/2:5 1/2 AND SHALL HAVE A MINIMUM COMPRESSION NOTES: RESEANID STRENGTH OF 2000 PS(SO THAT FLANGES GATE ES AND BOLTS ARE ACCESSIBLE.) 1.)TRENCHES MAY BE EXCAVATED WIDER MAN TRENCH MOTH We ABOVE THE VALVE ME INE OF NARROW TRENCH UMIP BEARING AREAS OF THRUST BLOCKS 2)BELOW ME INE OF NARROW TRENCH UWP ME TRENCH SHALL NOT BE 1 (BEARING AREA IN SQUARE FT.) 'UNE OF MARROW TRENCH UMIT" ME SIZE 45 DEG 1 1/8 BOND BODEG PLUG TEES 1)SHEETING.R USED.IN ALL CASES SHALL BE LEFT IMPLACE BELOW A UNE 1'-0' INCHES ABOVE ME TOP OF ME PIPE.UNLESS OTHERWISE INDICATED OR DIRECTED. B 2 2 4 3 4.)WHERE FUTURE EXTENSION OF A RUGGED APE OR PWOGED BRANCH WELL ENTAIL B 3 3 B 4 ROC(EXCAVATION.MEN04 EXCAVATION IN ROCK SHALL EXTEND FOR A DISTANCE 5 FT.BEYOND THE PWC. TYPICAL LATERAL GATE VALVE 12 T T 12 B CONNECTION DETAILS h NOT TO SCALE TYPICAL THRUST BLOCK DETAILS r NOT TO SCALE U NOTI3 S tnN 1. CONCRETE THRUST BLOCKS AND RODS SHALL BE REQUIRED ON ALL Z~ ~ F BENDS.TEES,EIC. RODDING SHALL BE TO ME FIRST FULL LENGTH O O Q OF PIPE ON EACH SOX OF ME FITTINGS TO BE RESTRAINED UNLESS - K CONDITIONS REQUIRED ADCTONAL RESTRAINTS N N W 2 REWIRED BEAMING AREA TOBE CALCULATED ON VFSEN PLANE N ' Q p 9G TO RADIAL PLANE PASSING THROUGH MIDPOINT OF BEND. a 3. MINVMUM BEARING AREA 2.0 SF. U U PROPOSED FINISH 5z z GRADE ' (MIN.) TRENCH WIDTH �--- W/2 I W/2 _ NO LEDGE OR UNDISTURBED I UNEXCAVATED oErl MATERIAL MATERIAL SHALL 3 Funs Huvr-wm u H PROJECT BEYOND z.•.Ysa BAWx RRANE°HxArz. SHEETING, IF USED SHALL BELEFT I THIS LINE. VARIES FILL elT a MDRTIN IN PLACE BELOW TOP OF PIPE ZONE UNLESS OTHERWISE INDICATED AIN) AD'"1$TfWE° I COMPACTED BACKFILL WITH a H .A."/HKAY IWIX ACCEPTABLE ORIGINAL MATERIAL N z COU ECS uW,4 couRSEs NAK .. MAX. STONE SIZE 12" C Na1O RM aEVAIIDN sn,• .. _ —� HH¢Ory TDP wuvsE HK vANEMRNr. 24•MN ECCENni1C HxD4nc C— Z CRUS I 12"., ISL N F Li Q RAT TOP FRH- W CRUSHED STONE L.F+! ei W O AD.C.FOR x&L AGAINST UNDIS- '8,"MIN�-I € 46•MANETu LOAD.C.Haw v.s.L(HYWx.) O w TURBED MATERIAL O 8"MIN. Q Z > o N SU x000s ro eE IMsruuO vRwOE v tvLnL a OR SHEETING 1 c Q v 'j Z O �� wiSOFE INuL eASRS UNDISTURBED YI Q UNSUITABLE Z v Q' Q IUTn RIBBEA AOR MATERIAL � sFiLAnT UNDISTURBED SUITABLE I 8"MIN. M = C N F .12 WON MATERIAL 1 N N goo s'WH.(rro.) b Fwr,F"ANXD Aacowwl e'I Z ro AASRO ILsmATHan ,ASU HALF SECTION 1 HALF SECTION DAa NO O Q 510NE5 LAAQA THAN r IN EARTH I IN ROCK V/ Z (� B•COMPACTED OO "oTEs. J Hm s,aE 1. FOR TRENCHES LOCATED BELOW PAVEMENT REFER TO TYPICAL STREET TRENCH SECTION, T'1 2. DRAIN LINES SHALL BE HIGH DENSITY POLYETHYLENE WITH SMOOTH INTERIOR. PIPE TO BE A.D.S. N-12 OR APPROVED EQUAL. PRECAST CONCRETE 3. MINIMUM PIPE SIZE TO BE 12 INCH DIAMETER UNLESS OTHERWISE SPECIFIED. CATCH BASIN 4. ALL FIELD CUTTING OF PIPE SHALL BE DONE IN ACCORDANCE TO MANUFACTURER'S SPECIFICATIONS. NOT To SCALE TYPICAL DRAIN TRENCH SECTION N.T.S. M a rc h i o n d a & Associates, L.P. Engineering and Planning Consultants 62 Montvale Avenue Suite I Stoneham, MA 02180 TEL: (781) 438-6121 FAX: (781) 438-9654 Email: engineering®marchiondo.com Website: www.marchiondo.com DATE: JANUARY 17. 2007 k�PR0.L.\Tffi-01_��.9iEDEDAS.DIG PERMITTINGPLANS M.&A. NO. 728-01 SCALE:NTS SHEET C-4 FINISH SDE W 0 Q Faa 16'MRI PROPOSED RY91 JF Cd GRADE I TRENCH M DTH W 4- W a O Z B'MIN SAND BLANKET(6'MIN) UNDISTURBED W/2 W/2 Q = Z NO HEDGE OR IL Z MATERIAL I 1 UNEXGVAIED IL C g CONDI.ENCASEMENT SHEEnNG,6 USED SHALL BE NETT ]I/2'L6N I MPROJECT BEYOND Q ' e MN IN PUCE BELOW TOP OF PIPE ZONE TR15 IRIS 7 UNLESS OTHERWISE INDICATED r _ SOLID LONG BLOCK I COMPACTED BACKFILL WRN 6`MINI .Y'Z:`::+,w^'' SUPPORT - ..: ACCEPTABLE OPoONAL MATERIAL 444 GRAVEL BEDDING - MAS Y STONE SIZE 1 SCREENED STONE AGAINST UNDIS- %� TURBED MATERIA. O B'MW. SECTION A-A $ OR SHEETING UNDISTURBED A UNSUITABLE B'P.V.0 UTAISTURBED SUITABLE B'MUL MATERIAL I w CM6N7' SEWER MATERIAL HALF SECTION HALL SECmm W EARTH IN ROCK TYPICAL SEWER TRENCH SECTION 6' 'TRE?CH'.lO1TOM NOT TO SCALE NOTE: TRENQI DEPTH TRENCH ImI TO INVERT MD N 1.ONPD@R OTRAIN P.V.0 SELECTED OHNC FPL MAY BE USED AR TO BE USED IN EAS W71ERE FROMM YID DIAMETER OF PIPE TO IY ABOVE 0w TTDi OP SPE SEWER CROSS ABOVE WATER 0-fY S' 2.TRENCHES LOCATED ON THE ROAD SHOULDER SHALL BE TREATED THE 10'MIN ID'MIN 12-20 Y SAME AS STREET TRENCHES EXCEPT FOR PAYING 3.PROVIDE AT LEAST ONE IMPERVIOUS DAM N OMM BEDDING BETWEEN CONCRETE ENCASEMENT OF SEWER CAN MANHOLE OR EVERY 3D0 FT.WHICHEVER IS LESS(SEE DETNL} SET CASTING IN BED OF MOTAR. STANDARD MANHOLE FRAME AND COVER TO BE 24'ROUND STEEL FRAME DETAIL TO A CON YMDEIIAR AND COVER EQUAL TO LEBARON NO.LK Ifo OR EQUAL COVER TO READ'DRAM' PERMANENT PAVEMENT IS PLACED 711CUS CLAY DAM SET RIM EL AT FlNISNED GRADE n o VSE BRIG(COURSES AS NEEDED PANT WITH 2 COATIS TD SRING MANHOLE RIM TO EDGE OF ROADWAY OF BITUMASTIC No.SO REWIRED ELEVATION.MAX. W W LAYOUT(PL) ALL OVER HEIGHT 12"-MIN.2 COURSES L Y �._ w2-MIN -{ U w_ KEY WAY REINFORCED PRECAST CONE Z STEEL.&A.CEO TO 2eCLEOPENING SECTION-3'OR 4'LENGTHS. �jz 12'MIN O ZP ASTM.@ A.0.S.H.T.O.SPE OPENING T 0.12 SQ.IN./LIN.FT. BuVALVE BOX SHALL BE CAST IRON NTH rn RUBBERRueaER JOINT(TMP.) CORPORATION STOP SHALL MEET Z UNDISTURBED MATERIAL w 1._D. AWWA SPECS. FORD F-1000 G 2 1/2" OPENING; COVER W/BRASS BOLT; 6 i Z o .n ADJUST. FROM 3 1 2 TO 5 1 2 BURY. a s ALUMINUM M.M.STEPS MIN. 'MW.' REINFORCED PRECAST BARREL /• /" 0 U 12"O.C.-SAFETY TYPE SECTION-COMBINATIONS OF LAST STEP TO BE 1Y 1',2',3'OR 4'LENGTHS O O ABOVE BRICK SHELF ` PROPOSED P.V.C.SEWER Z Z '-6' 2'-6' Z CURB STOPS MUST MEET AWWA SPEC. QLBN BRICK TABLE-INNER EDGE AT EL I'PI CMM of HIGHEST --- --- 800-55(HAYS 5045 OR FORD 244-333 _ AND 244-444) W/NO DRAIN. PIPE-1'PITCH UP TOW E%CAVA, O -REINFORCED PRECAST BASE O 1j" WATER SERVICE I-SEE THEN( TFC 'DENCHGi DETAL ' secnoN-3'LENGTH. WATER MAIN 1 'AIN. SEWER PROPOSED P.V.C.SEWER 1 12'MIN `^- BRICK MASONRY OR L` I I W UNDISTURBED MATERIAL NOTE I + 1 CLASS A CONCRETE INVERTED ARCH W1 BRICK WD SERVICES LARGER THAN 1-1/4" WILL BE EITHER A TEE W ON EDGE OR BRONZE SADDLE WITH BRONZE STRAPS BY POWER �� Y MIN,KEY WAY N CQ H S'OF 1/2'-3/4' SECTIONAL ELEVATION SEAL OR APPROVED EQUAL. - --- W. (� N CRUSHED STONE UNDISTURBED MATERIAL ''IMPERVIOUS DAM AS SPECIFIED ` 7 (;Q CLAY DAM FOR P.V.C.PPE SECTION CONCRETE FOR O.I.&R.C.PPE PRECAST CONCRETE MANHOLE TYPICAL SERVICE CONNECTION W N.T.S. NOT TO SCALE PIPE TRENCH DAM DETAIL it NOT 10 SCALE W Z 0 1- j Z w C Q Q OO 1 .)WALL THICKNESS TO BE A MINIMUM OF 51%(6)INCHES FOR S FT.DIA.MANHOLE SECTIONS. 2 w a N Q GI► 0 Lr G F M =Z a ' N~ 0 R.-� rf lY g CO O GROUND Sl01FAGE GM FROM SEWER MAN TO STREET UN SELECTED COMMON FILL 1 Z Z COMPACTED THOROUGHLY /w O Q PROVIDE 6'z 8'z 1/Y STEEL PUTS O Z N WELDED TO /2 RUNF.ROD TO MARK B END OF SERVICE 8 BASEMENT BOOR CND PLUG PROVIDE SCREENED GRAVEL TO 1' S 17Y-DRANCH '��-ABOVE RPE END AND 2 FT.BEYOND ELIA MDL l2'MW. BUIU)M CONNECTION MW. 5.0.07/MIN. - B S/TONE ��ROPE 1/4'PER FL UMlE55 6DIA SLOPE 1/4 DIRECTED, y0. SDR 3S P.V.C. SP.V.G IBEND OR ROTATE AS REQUIRED.SEWER YAW -AS REQUIRED MATDIFSAIAL�FD B'MINIMUM PIM R_B Marchionda -MATERI IRKED TEPP.PLUG 6 3/1'CRUSHED MATERIAL B'-3/A'CRUSHED STONE ENVELOPE STONE BAND-SEAL RUBBER&STAINLESS SEE TYPICAL TRENCH OCTAL STEEL 6'z e NOWASER WITH FLOW & Associates, L.P. SECTION BUSHING OR APPROVED EQUAL Engineering and TYPICAL BUILDING CONNECTION _ Planning Consultants NOT TO SCALE 62 Montvale Avenue Suite I Stoneham, MA 02180 TEL; (781) 438-6121 FAX: (781) 438-9654 Email: engineering®marchionda.com Website: www.marchiondo.com DATE: JANUARY 17, 2007 k 1f R0.1.�17601_�RANS�SIROETA6SDIG (PERMITTING PLANS M. &A. NO. 728-01 SCALE NTS SHEET G5 _ -- --� ` ' / - � NOT FOR CONSTRUCTION ��WAL'�KTI Vro.m: OF ^ _ ----- ___ ------__RF RUDBECKIA FUL610A EYED SUSAN 92 POT DECIDUOUS TREE PLANTING AND STAKING TYPICAL SHRUB PLANTING OF __________________ 1. PRIOR TO THE START OF ANY EXLAVATION FOR THE PROJECT 50TH ON AND OF T14E SITE,THE CONTRACTOR SHALL NOTIFY D16SAFE AND Jv 0) UTILITIES HAVE BEEN LOCATED AND MARKED. (2) 2. CONTRAC,OR SHALL BE61N MAINTENANCE IMMEDIATELY AFTER (2q) PC(2) PLANriN6TANr7 HILL CONTINUE UNTIL FINAL ACCEPTANCE. H BI S. CONTRACTOR SHALL VERIFY ALL TREE REMOVALS NITH LANDSCAPE Huntress Associates,Inc. ARCHITECT PRIOR TO C41,15TRUCTION START. ...... ....... 4. CONTRACTOR SHALL MAINTAIN POSITIVE DRAINA6E AKAY FROM ALL Landscape Architecture&Land Planning 5. MAXIMUM SLOPE V41THIN DISTURBED AREAS SHALL NOT EXCEED 3:1, 17 Tewksbury Street UNLE55 OTHE"15E NOTED. Andover,Massachusetts 01810 VERTICAL 6RANITE Cam(TYR) 6. THE LANDel-APE CONTRACTOR SHALL SUPPLY ALL PLANT MATERIALS 978 470 8882 FAX 978 470 9890 IN OUANTITlES SUFFICIENT TO COMPLETE ALL PLANTINISS SHOM ON TH15 VERT1CAL 6RAMTE OIRB(TYP) 7. ALL MATE'AILS SHALL CONFORM TO THE 6UIDELINES ESTA13LISHED BY PJHI-5TER W 6-FENCE ENCLOSURE THE AMERICAN ASSOCIATION OF NURSERYMEN, W,OAD CUT (Tyr) 6. ALL PLANTS SHALL BEAR THE SAME RELATIONSHIP TO FiNISH 6RAVE AS TO OR61NAL&RAVES BEFORE 016,511,16. 11. ALL PLANTS TO BE BALLED IN BURLAP OR C-ONTAINERIZED. Tel 0) W,CURB a1TW(TYPI INTNAL C-WREYE�m(rm) Ia. MULCH FOR PLANTED AREAS TO BE A&ED PIKE BARK:PARTIALLY REtAININ6 HALL DECOMPOSED,DA K BROAN IN COLOR AND FREE OF V400D CHIPS 16 4 REFER TO CIVIL THICKER THAN 1/4 RINCH.S"DEPTH THROU&HOUT ALL PLANT BEDS. TRASH RECEPTACLE JC(41 1 1 11. FLANTIN6 SOIL MIX:LOAM THOROU&HLY INCORPORATED ,IITH ROTTED MANURE PFZOFORT10NED 5 C.Y.TO I C.Y.OR EaUIVALENT. PEAT MOSS P41TH FERTILIZER ADDED PER MANUFACTURERS RECOMMENDED RATES. PC 0) 'APE COHTRACTOR SHALL 6UAILINTEE ALL PLANT Pim eb) MATERIALS FOR ONE(1)FULL YEAR FROM DATE OF ACCEPTANCE THREE BENCHES i �t 12. THE LANDS,- (I)FI111 I L PENCE(Tyr) (4) 1 15. ALL PLANT MATERIALS ARE SUBJECT TO THE APPROVAL OF THE (a)�ORNA,1V(TAL U&MM&C") AL&PASTE 0,11M nYP) W.aRS OVA'") LANDSCAPE ARCHITECT,AT THE NURSERY,AND ATTHE SITE. e .4(4) 14. LA�,'125CAPE ARCHITECT TO FLA6 ALL TREES TO BE TRANSPLANTED LOAM f SW 2'STRJP FIR OR TO CONSTRLY TTON START, VERTICAL 6RANITE OURS(rYP) X(4) 15ALL AREAS OF THE SITE MICH HAVE BEEN DISTURBED AND HOT 16 0�)_ OTHE"ISE DEVELOPED SHALL BE LOAMED AND SEEDED KITH A MINIMUM DEPTH OF 6'DEPTH TOPSOIL. W_CaURB OXY W(TYP) PAINTED CW�(TYM I. THE CONTRACTOR SHALL BE REOUIRED TO FURNISH AND INSTALL ALL MATERIALS SEE SHEET L-3 roR PENCE Z(4) NECESSARY TO COMPLETE THE ALTOMATIC IRRIrATION SYSTEM FOR ALL LANDS,_APE AND LIWTINS a.EVAnON -Z(6) PARKINS LOT L16NTIN6(TYP) VERTICAL 1E (TYF) VERTCAL---) AREAS SHOVN ON THE PLAN. TU COMPLETE THE k4ORr OF AN AUTOMATIC IRRI15ATION SYSTEM AND RELATED ITEMS. Shopping Center Cow 5 PJNI(q) PETE mi_*uy 4. PRAY SPRINKLERS ARE TO BE USED POP,ALL LAYN AREAS. OE 5 ALL PLANT BEDS,SHRUBS AND TRErS SHALL HAVE PRIP IRR16ATION. North Andover,Mawachusetts W,CURB CUT Ty(TYP) DUHP5TER N/WFOCE ENCLOWRE-\ FLUSH Tel(Ij T1 01 t MOLDED NOODEN CAP Dro.hq Title: TM KIOSK SEE TC 01 P ISM), I' ,/1, /ill 1 t ft) 3'OD.GALVAN17EO STEEL PIPE Site Improvement DRUM Plan CONCRETE KALKHAY CM ADJJSTABLE CLAW VE`RTI"AL ITE SEE SHEET L-3 FOR FENCE AND u6mnN&ELEVATION ORNAMENTAL L*Hnm(TYP) SHIPLAF JOINTS 6'C414CREYE PAVEMENT Ef FLANT LIST NOTE.CONTRACTOR MAY ME PLAST16 CONCRETE FOOTINS LOCATED TREE 6UYW6 CHAIN F APMRO�W BY LA 5YME30LI WTANICALNAME COMMON NAME 6'B8,011 PAVEMENT COURSE QTY MIS REINFORCE1 EH HOSE,5LAC V2 To TILIA CORDATA LITTLE LEAF LINDEN q 1 2 1/2"-5"CAL. DOW STRNV 15, PC PYRUS CALLERYANA'ARISTOCRAT' CALLERY FEAR 6 121/2'-3"CAL, 12 6A.YMMM TREE PIT Date 0IRNAMENTAL TRIMS NOTE TREE 5SAR SAW RELATIONSHIP AC, AMELANCHIER CAKADEN515-WLT15TEM SHADBLOY4 SERVICEBERRY 5 5-IO'HT. TO MR%W 6RADE AS IT BORE TO NURSERY REV.FARKIN6 LOT LAYOUT 3.17.01 5N PIET ILA N16RA'HERITArE' HERITA&E RIVER BIRCH(CLUMP) 5 10-12HTOR MELD SPAM il/ JJNIPEROU5 VIR61NIAKA EASTERN RED CEDAR 32 5-6-HT, PROADE 1;&"E C-CHqN9-FOR STAIQNS; FIRST ST.FLANTIN& 4,01.07 PJM PJM RHODODENDRON PJM RHODODENDRON 12 NRAP TRM KTH TREE IVRAP 3'SARK ALCH IN SAUCER x JUNIPEROUS CHINENS15'SAR(5ENTII' SAR&ENT-UNIPEP 151 15-Ia*sr. 3*BARK KLLH IN SAXER NO SAYER HHERE 5HRLW OCCUR IN BEDS j�_1 PLANTIN6 SOIL MIX:BACKFILL IN LOOSE LIFTS OF - PLANTINS SOL Kk E`VA#CH1QTffIUL IN LOOSE LJFTS OF I.,.DEPTH.SETTLE MTH THOROUGH KATER SOAXIN6 vote! PLANT MORV OF SOIL IN CENTER OF PLANT PIT TO SUPPORT PEIRZINNIALS 12" MOLIND OF SOL IN CENTER OF RANT PIT TO SAFFORT BALL AT;EWIREO ELEVATION MIN. BALL AT REWIRED M"AT;ON File: IF ' OL HEMOROCAL15'ICE CARNIVAL' DAYLILY 2 POT Tu-KTa NOTE:54RO SAALL BEAR SAKI!RELATIONSHIP OR FIELD 6RADE ` ' | �� - --------�—�-----'— ---------�---------------- �----'-- --- -----------------�---------------�------------ ----'---------------- / ! ON RAMP AND SIDE SLOPES FAINTED STRIPE � / NOM1 PROVIDE WAVY BROOM FINISH OR AS NOTED PEPJVV0J_AR TO FLOIA OF TRAFM 61 1 CONCRETE SCORELINE 4-MOE STRIPE ROA Y(UNPAINTED) LINES,TYPICAL 10'X 6*X&REINFORCED W_PARKING 516N MEEL STOP, Huntress Associates,Inc. 0=5 T`ON AS PER ADA 'T TYPieAL PASSENGER REWREMENTS(TYIP) SEE DETAIL FOR LOCATION CAR AV-E%A45LE Landscape Architecture&Land Planning R=2'-6' A 112 FACE OF ORB TYPICAL HANDICAP .......8, GRAVEL Andover,Massachusetts 01810 S,-,. rNISH GRADE �J 17 Tewksbury Street z`.F. k" 978 470 8882 FAX 978 470 8890 PARKING SPACES ROAOVAAY o. t.DIMENSIONS SH"AT EDGE OF ROAD ARE FIXED. 1 SlDEI%ALK 2.RAMP CROSS,SECTION TO BE THE SAME AS ADJACENT VoSkAir TYPICAL VAN ACCESS alIRB,TYPICAL I.E.DEPTH OF SURFACE AND FOUNDATION. AISLE Lm- -- I — - - --- 1/2'REBAR,DRIVEN INTO 9.NO RAMPS TO BE PLACED BEHIND STOP LINE. STUMINOUS CONCRETE COMPACTED SJDGRADE PAVEMENT.USE 2 PER 4.0 MENSIOM ARE El TO CH46E IN FIELD.ALL SI-OPES AND �IHEEL STOP,PLACE FAINTED PARICJN6 SPACZ 57JPE DZNSIONS,TO COMPLY NTH ADA.REQUIREMENTS. CURE,OR—UNS__1 AG--1'. 6'(MIN)FROM END. CURB CUT AND RAMP HANDICAP PARKING SPACE LAYOUT PRE.CAST CONCRETE WHEEL STOP PAINTED CROSSWALK PARKING SPACE STRIPE TOP ANCHOR BOLT,TYPICAL. ANCHOR BOLT 5PACIN6 SHALL BE DETERMINED Sir LIGHTING 00 STANDARD MANUFACTURER. :. ]. "MINIRIM CKAMFER rYFICAL,4 SIDES PLAN PLAN ANCHOR BOLT SPA(N(5 SHALL Project; BE DETERMI NED BY LIGHTING LIGHT POLE 0 STANVARD MARFACTURER POLE BASE AND COVER DCUELE LUMINAIRE., 11 MINIMUM NTH POLYESTER T ALUMINUM GROUNDING LUS L1614T POLE,SEE SPECIFICATIONS AT FIN15H R POLE BASE Shopping Center 1"CHAMFER 11 MINIMUM FINISH GRADE FINISH GRADE AJJMINH POST To, s ALUMINUM POST -F North Andover,Massachusetts NTH BLALK'AWL AITH BLACK VINYL ACRYLIC FINISH ACRYLIC FINISH ANCHOR BOLTS AS REQUIRED AW+lOR BOLTS AS RECURED BY THE MANUFACTURER BY THE MANLIFACTURER CONDUIT,SEE SPECIFICATIONS CONDUIT,SEE SPEVF16ATIOn REINFORIM CAST-IN-PLAI-E 30 REINFORCED CONCRETE BASE Site Improvement CONCRETE BASE FLUSH 13ASE +W�� 117 CONCRETE FOOTINS Details 06 BARE COPPER&ROLIND,EXPOSED SEE DETAIL 06 IN SOIL FOR 6'MINIKM SEE DETAIL-6 LIGHT POLE- 'A; PRECAST LIGHT POLE BASE- 'A' LIGHT POLE 'BT PRECAST LIGHT POLE BASE-'B' FENCE SHALL BE STEFFED IN REGULAR INTERVALS AS REQUIRED 70 FOLLO01 CONTOUR OF FIN15H GRADES, COORDINATE STEPPING NTH LANDSCAPE ARCHITECT. 11. 11"SPLIT 1A1_1 BEVELED CAP NTH GRANITE POST,SET FLUME. 51DEKALK 'X4'CAP RAIL S'Xb'GRANITE POST,SEE DETAIL. 4-X 4-.RAILS 56REhEO To FLATTENED I.1ASTENER. 7 VIA X 2'DEEP DRILLED HOLES FASTENERS.Mr) N POST FOR Date I"x 4'BUTMO I/2'SQUARE TRANS TION CURB 11 VERT16AL SIDING END CLEAT RAMP STARTS 4'RAIL,OIAMOH;�SET AT TANGENT TOP AN 8070M RAIL FLUSH CURB, SEE DETAILI E,91UT L-3. 6*VERTICAL CURB 2' 4' CONCRETE FOOTING AND BOTTOM RAIL. I.E.DEPTH OF SURFACE AND FCLHDATION. 1 2.DIMENSIONS,ARE SUB�ECT TO CHANGE IN FIELD. ALL SLOPES AND Scale; D'o.irg No. — SEE DETAIL#11 FOR ADDITIONAL KFORMATION DIMENSIONS TO COMPLY NTH AD.A.REGIVIREMENT5. EFOR CJURB MATERIAL AND PAVEMENT MATERIAL,SEE LANDSCAPE PLAN, Date! e.c_ L_J FIN19H GRACE 4.PROVIDE HEAVY BROOM FINISH ON RQF. Jolv: C 0 L-2 SEE SPELF CATIONS FOR FINISHING File: 6'-0' VINYL FENCE ELEVATION GRANITE POST AND WOOD RAIL FENCE EL GRANITE POST AND WOOD RAIL FENCE D CURB CUT AND RAMP TYPE B of MAM N U2 SOME KIS, Checked: ! | ! � � i |' ' ' � _—---------_ - ____ _— CONCRETE KALK is- 1 4-1 PERPENDICULAR TO THE TRAFFIC MATERIAL VARIES- DUR-IFSTER PAP 12-1 6-1 FLOM UNLE95 OYHEMSE NOTED REBAR,2'C17VER,TYP. SEE SITE PLAN V2-EAPANSION JO HT KITH PRE+$OU[jDEP CONTROL JOINT FILLM RrCES6 FEER 1/2'. PROVIDE FLUSH GRANITE CURB,6'P917E JOINTS AT 3VON CENTER MAX.UNLESS NOTED. 6'X 6'K 4 x K 4 HIRE W–'hi PROVIDE EAAHBION JOINT M49ZE PAVEMENT H GRANITE CURB BITUMINOUS CONCRETE PAVEMENT ABUTS STRUCTURES,VERTICAL SURFACES, FIN154&RADE AND AS NOTED.5EAL ALL EXPANSION JOINTS CONCRETE PAVEMENT KITH APPROVED HATERPROOF SEALANT Huntress Associates,Inc. FIIISH 6RADE FINSH SRADE TOOLED CONTROL 1/4 TIMES THE DEPTH V I VAR ES, SMOOTH STRIP ON Landscape Architecture&Land Planning 5EE SITE PLAN 0 EACH SIDE. LAYOUT AS DINDICATED ON PLAN. rp,(7. CCWRETE PAVEMENT 17 Tewksbury Street 4. 1 —1.0 Andover,Massachusetts 01810 A WXW,*0 4 HELPED HIRE MESH COMPACTED RENFORCINS.2'MINIMUH WYER. 978 470 8882 FAX 978 470 8890 GRAVEL BASE 10, TO WET PAVING 40 COMPACTED GRAVEL BASE PROVIDE CONCRETE AT FACE COMPACTED GRAVEL OF CURB BELOA&RADE COMPAC COMPACTED&RAVEL BASE COMPACTED SU96R,�DE VERTICAL GRANITE CURB �INTEGR.AL CONCRETE CURB FLUSH GRANITE CURB CONCRETE PAVEMENT SCAiL Cr ORNAMENTAL L16HT POST(rrFj Shopping Center North Andover,Massachusetts Site Improvement SHRUB PLANTINGS,SEE LANDSCAPE PLAN &W.GRANITE POST.51E—IL. 4-X4'AOOV RAIL(TYK SEE Of 1L. I ALL STEEL TO BE POADERCOAT FINISH,COLOR R-ACK. 2.ALL STEEL TO BE HOT DIPPED GALVANIZED PRIOR TO 51WC YIEN ALL FABRICATED COMPONENTS APPLICATION OF POPIDERWAT FINISH. SHALL BE STEEL SWT-SLASTED PROVIDE ONE(1)36 GAL.CAPACITY H16H DENSITY PLASTIC LINER KITH EACH RECEPTACLE Revision Date ET6+!E0,FHOWRATIZED 4.PROVIDE AND INSTALL FIVE(5)RECEPTACLES,AS 5HOHN. AND ELECTROSTAICALLY 5. INSTALL ON S)3'X4'WNCRETE PAD. PONDER COATW ATH T(1C POLYESTER POKDER COATINGS 2f 518,SOLID THE TRUC CONSIS FORMED DOME LIPSTEM TOP R1146 RUC STEEL I (4)1/2'I.D. IT 15 NOT RECOMMENDED TO LOCATE AW-PDR VERTICAL SOLID ANC BOL BOLTS UNTIL ASSEMBLED BENCH 15 IN PLACE sTEEL BARS Scale; Do."Nc. FRONTIAEN FINISHED&RADE HOLES L 0 Ddt : HFX-HEAD CAP BOLT DETAIL (4)LEVELING FEE HORIZONT& L-3 1-5A6*CIA,CROY.BAR 15 BOLTED UGN6 A 5/8*DIAMETER (2)5'LONG x 1/16',ZINC PLATED HEx HEAD BOLTS THREADED STEEL 5RAFT 50LID STEEL BANOS File, TRASH RECEPTACLE 36 GAL CAPAWY Dram: OF SCALE:NTS � | ° ' r- --------------- - ...................................... ................ ...... ....................... ........................................... ..................................................... M� p H.H. Morant & Co., Inc. Architects I P�0.B,,4"S 221 Wuhwl—St—t S1111,U11"h"Itt, 01976-3633 p (978)744-5354 (978)740-9161 Fax c....1 1.: iT-1 . . . . . . . . . . . q lob Number: hhm Oro-113 q October 21, 2006 a N.. D— 9"W.. By: Project: Messina's Shopping Center p Renovation Project q San Lau Realtq Trust In-123 Man Street North And ver, MA First Floor Plan (Existing Conditions) q p p D—mg N..b— Ex1 . 1 .. ........ ....... ......... ....... ............. ....... .... .......... ... ... ...... ....... ........ ....... ........... ..... . Fir5t Floor Flar (Existire), 111(o11 = 11-O` hhm 06-013 (10/06) I--------------------------------------------------------------------------------------------------------- I i I I I I I I I I I ' I I I ' I ' I ' I ' , I , I H.H. Morant & Co., Inc. Architects I P.O.Bv,.ses I I SO wa.h--h u I I salcm,Mauachuu�u 61930-3633 I I I I a I I I I I I (978)744-5354 I I (978)740-9161 Fax I I - ---- ---n1l I cm.vn.mr. I J I I I i I I I I I I I I I I � � !ab Nvmber hhm ,a�-113 I October 21, 2006 ' I Nv. Dau Rcviavvv By: I I I I I — I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ' I I I I Project: � I I I Messlna's � Shopping Center Renovation Project I I I , I I I , I I I , I , I I San Lau Realty Trust 109-123 Main Street North And ver, MA I ' I I , I , I , i I I I I , I , I t ' , I , � I I I Second Floor Plan (Existing Conditions) I I I I I I I I I I ' I I I I I I I I I I I , I I I scat: , I I . I Drawieg Numbcr. I I i I , I I Ex1 . 2, I ............... ......... ........... ............. ............ -.... ...... ........ ...... ...............-... ........-.... ... ... -.............. ....... ...... ........... ........ I ' I ' i nSeeond door Flan (Existing Corbitions� 1/l ro" = 1'-0" I hhm 0(0-013 (10/0(o) I —'---------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------ I I I I I I I I I I I I I I I I I I I I H.H. Morant & Co., Inc. Architects I P.O.eva 4485 I 221 Wa,hivg[ov S,... Salem,Mas...b—t, 01978-3633 I I I I I I I I I (978)744-5354 j I I (978)740-9161 Fax I I .............................................................................................................................. ....................................... coa,oimeu: I .................................... i I I I I Job Numbcr: ; hhm >a6-113 ; I I I Dan. I I I October 21, 2006 I No. Den R<v,s,ov By: I I ® ® ® ® ® F1183 ® ® ®® ® ® ® _ I I ® ® ® ® alot] Is ON I I i � I I I I I I � I .. I .......................................................... ... .. .................... ....... ...................................................... ........... F, IElevations (Existing Conditions), 1/1&11 = 1'-0" _ Project: � Messlna's � Shopping Center Renovation Project I I I I I I I 1 I I I I I I I I ® ® ® ® ® ® im 10 ® ® San Lau Realty Trust 109-123 Man Street I North And ver, MA D lel=lam o0 In . I I I I I I I I I I I I I Ffl Elevations (Existing Conditions), 1/1(0'I = 1'-0" Elevations I (Existing Conditions) I I I I I I I I I I I i I I I I I I I I I I I I I s<am: Oro" = 1'-0" I I I D—m,Numbcr. I I I I I I I Ex2 . 1 .................................................... ......................................................................................................................... . .. ... ......... ......... ...... .......... 3 Elevations (Existing Conditions 1/1(0" = 11—SC// I I hhm 06-013 (10/06) I 1-------------------------------------------------------------------------------------------------------------------------------- I I 1 I I I I I I I I I I lot-opt I 1 37-6'1 4m'-m' I I I I I I I I I I I H.H. Morant & Co., Inc. I Architects I _____ P.O.B°v 4495 I - ---- 231 Wuhingto°Strcct I I I Salem,blaucch°cctt4 01970-3533 I I I 1 I I I Space "i I I (978)744-5354 j I I I 1 I I I Retail Recall Ret (978)746-9161 Fax 1 Ret1all i i ail Retail Space "2 i Space "3 i Space 04 Space 05 Space 06 I 1 `°"'°"°"" I I I I II I I Sob Number: I I ---- ---------------------- -- hhm Oro-113 -----, Dan: I January 11, 2,006TN N°. Detc Acvini°n By: I I I i I I I I I XI I I — I I I t Proposed Retal Space 1 I _ I I _ I I I — I 1 u � I I i � I I I 1 Project: m Messina's I Shopping Genter v r _ Renovation Project 0 0 i i I I I I I I I I I I I I I 1 I I I I San Lau Realty Trust 109-123 Man Street - I North And ver, MA Pdoposed Retail Pharmacy I iI t' I I I I i I c0 I I I I I J First Floor Plan l u I I I I n 1 1 I I I I I 1 II I I --- ------ -- ------- I I I ---= I I I I ---------------------__ __________ -----_ _______ I I scan: I I I I I I Dr.wing Number: I I , I I , I I I AU I .................... ......... ...... ......-..... ....... ....... ...... ........... ....... ........ .......-.... ........................ I I I 146'-8"r I I ...... ............-.......-..... ......... F11 First Floor Flan 1/1(o'I = 1'-0" I ' hhm 06-013 (10/0(o) I I ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I 1 I I I I I I I I I I I 240-10`2 50'-0' 16-0' ' I ' 42'-0'1 47-0'1 I 7-0'1 39 7 I I ' I H.H. Morant & Co.,"Inc. Architects P.O.Box 1485 , I 221 Wvahivgtov Strut I IE A SO...NanachnaclY 01976-3633 , I , I — I I I (978)744-5354- j -----� I / ——————— (978)740-9161 Fax , \ coaamtaec.. I In I Structure on Roof for I IT S-e` enl t Sound rr�� I Re-Dlrecilon I I I I I ------- --- --- --- --- -- -- -- -- -- -- Job Nombv: ----- hhm 0-1-025 I I Dalc: I I January 11, 200' Rcviaiov By: 42'-00x 47-0'x 60'-8'x 57-0'1 39'-71 I 4/28/01 Screens sud I I ' I I , ' � I ' I I I y ' � I ' ' I I ' I ' — I ' � I I Structure on Roof for Screerrngg<Sound j I Project: I I I Messlna's � Shopping Center Renovation Project I I , I , I I I I I I San Lau Realty Trust ' 109-123 Man Street North And ver, MA I I I I I , I I I I I SVuctwe on Roof for Second Ftp �sound oor Plan nnRu�1gg I I Re-Dvec�on I I ' I i , I , I , I , I , I I I I I , I , I , I I I I scale: I I D—mg Number: I ' . I I ' I I , A1 . 2 I .......... ........... ...... ........ ................ I I I . .............. ............. .... ... , 1 Ser-orb Floor Man, 111(x" = 1'-0" I hhm 01-025 (03/01) I ,-`---------------------------------------- --------------------------------------------------------------------------- ---------------------------------------------------------- ----------------- I Asphalt(Architect Sones)Shingles Asphalt(Architect Sones)Shnglee Synthetic Rake Moldings 4 Fascia Synthetic Rake Moldings t Fascia Architectural Lighting AreYgtectural Fixed/Operable Uhndows as Shown Fixed/operable Uhndows as 5how I �9�^9 I I I I g I I c aV h i{ Q dm I am am 10v I I ® p ® t� ®®®®® m� I I F iv mp 7 _ I ®® m F+ H.H. Morant & Co., Inc. - Architects , P.O.Ra:x485 4,, q Preflnshed Coard�rLn w/ 221 Wachivgwv s rar j thetie°a n nthetie Trade lona)St a Tr ntheue n Prntheti,TCI bo d Sgidonq W/ Salem,NauachvurU 01970-7633 arty t y ergs t W Synthetic TradiBtyle TAlt j' Panels 17 SuMhatc Round Columna Panels 7Su ntheUc Round Gowmns w/Masonry Bases w/Maeo Bases I New Alum./Gjaee Storefront New AlumJGlaae Storefront ............... .. Shown................ t Entry's ae.Shown (978)744-5354 I II II I II ��""� (978) 740-9161 Fax F11 Elevator, 1/1� 2 �I�vatlon, 1/1� = 1-0 I ................ ........... .. ........ ............-............ .......... ....... ...... .. I ..... ...... ....... ....... .......... ...... ....... ......... Asphalt(Architect Series)Shingles Asphalt(Architect Seines)Shingles Synthetic Rake Moldings t Fascia I Synthetic Rake MoIdx3ga t Fascia Fixed/Operable WIndOW9 as SNOW Architectural Llghwng Fixed/Operable llhndows as Show Archteetural Lighting lob Number: hhm (d6-113 ' 10v I C 12 V� �10 am Date: V g ® January 11, 2006 ® mp my ® 0p rQ1']7[[�7'7 ® ® WW® ® WW® No. Daic Rcvia�ov By: I I m - -------- -- - ----------- - --------- -------- - - �' . chi - - ---- - -- ------- -- -- ------ - ---- I I � I I £ I I I I � I $�,nthetic s Preflnshod CI bo ddmq w/ Prefxeshed Glepbo d Siding w/ - Boar e t Wdil Synthetic TradonaStya Trlih Synthetic Tradltiona�Stylle Tr11fi gyo �eel4 Wein _ Panels 17 Sunthetic Round Columns 12'SunthoUc Round Columna Panels al W/t as Bases IMt' B � orry w/ asonry aeee I I New A(um./Glase Storerront Storefront i ".". Entry a as Shown /EntrAi�smaJsGhown ........... .. ...... ....... ......................... ..................................... ....... ........................... i 2 3 Elevation, 1/1(011 = 11-V 1 Elevation, 1/1(V = 11-0u I - I .............................................................. .............. ..................... Project: j Asphalt(Architect Seines)Shingles Synthetic Rake Moldings t Fascia Messina's j fixed/Operable Windows as Shown 5hoppine Center I Architectural Lighting Renovation Project I I I p I I0p 7 r ---- - - m San Lau Realty Trust 109 123 Man Street North And ver, MA I I I I Prefinshed Cl Id qw/ Synthetic Traa�uoone Stye TrltF I New Roll-up Deb _ - - t7 SuMhetc Round Columns and Man Dcore w/Masonry Bases New Existi New Masonry Waft I I Elevation, 1/1V = 1'-0'I Elevations I I Asphalt(Architect Sones)SMnngles , Synthetic Rake Moldings t Fascia Fixed/Operable Uhndowa as Show �,rilhetic 51 n $$ q Mee t Wall I , Panells I I bg I y I I 1 I M ' a ® ® ® ® ® ® ® ® �V SW.: I ® ® ® 1/16° = 1'-0ii >= Drawing Number: i I Prafmshed Gla�bogdySdrr I S nthetic Trade Ional)St Is Tr I New AlumJGlase Storefront I New Masonry Wall1Z t E e %.Shown •�\J ' New Exieti g 2 ■ W/Masorry Bases I 12' nthetic Round Columns I Elevation, 1/1(o11 _ 11-O'i I hhm 06-013 (10/0(o) I ------------------- -------- -- —————————— --------------------------------------------------------------------------------------- ............................. ............ ................................................................. . ... .......................................................................................................................................................——................ 1 nu_'- -nRl Lgve•Iar•sl a.Yr•Iw MaN•414MrI roolR•' ' 49aw rn ey..rw.sar.eee,uau.eg.p.Aa+� 9' su_Irro rl•>Asar.xsevu 1 paridJdeplsCea®l mlpwrr.nrlar.••ue.srr eeV M•e T«1W r4v=M4 rraAmanpa•rtw earrer ys•>qq rr•nwaep..•rtw r44TR eR4 eea•rxraa rtaI La BO+ QIaM .I orae Hallo Aa' ae,M . aran •arae 47V14'ae k^4a pat � LyhT eo+eraW h+o_ gtrp n9'xI""�'!�"' Lie Biel �t��I�awW.n s.a„q.'•^w e4iW r,�Igp%.+.��e 4o•rtarxeq�b' r1PaePPe�+x�aepa.rtax aFaM • ATerp •Hues eq By Alplgllgl HILIWBg) oo•e.7v , Llaa •olNpgy pI•TF1 • ATaO n1E1Ig11gl QIaTa! • nia0 MMgly I I nele�rpr *weB+a N++Tl.up •AMeglgl•ISAbHuLwlroa4e raI m�Le� Heal aq u3W ^b^WaW I ial ap�q ea..lean .nal4�•ep,uleri wa.rea+r LVY Leel aa4 'rsroarol'eue.au.pa.rmv rw •rop MtI M�Ieu •nw 1 pat Aar eqw lw•aLana Aa•L1ANafY eer{}egw kaO' ps.`t Aa r...l1s w�7�P L9++IaaV•1 Ii+P 4+INarP M11� Laaltaa4 wepg h+Ibag Ln IV+•Nladawq�nlba4 TaY eg+P Ly+boRP •na Lc11Y+•xss.ltw b++lbwv :Locmul/ppnroxL�rseond Bmenq lxmrm/Ayoro�.Cbwwond r4v>e�.a r+.n�.aegr.rtalMBl+ typ.m.re9ea var,.a BBgx��apge m tleiL lyrey L-&—(15 W m 11du Dalry L.ocetoll 17J p i� A UIo •arae egTgr p x ATao aan eq rqy Locehon L perwon d�bp rapprox.SRa.S4•x 9'-0'19la�.u� ! Sm r S�x TO) 1 .tpp„ Leoal rw Leg^a+I a •ouegngrr wl.u.p eye. rae •arse( sn area. b =7-V x T 6, wry LonLlnnd(�A�ili Leemnri L l�wros Drereal d (beer Floe LWd W Bal Nan t�•a-m egwg.ma- a�¢V-0)> IDm2 N' t°`aWn� Ci=—d% w x 81-T) ®®® ®® H.H. Morant & Co, Inc. I I h f ®® ®® ® ® ®®® ®® ® ®® I I a Architects rn v.o.8.1 aaes I 121 WWinglou Street I I Salem,NLuechawlu 81976-3633 I � a as as a I I ` ....................... 978 744-5354 tamvaL .... .................... .... i ....tea ........................ .....tcrtor.... ae.and ) I II II m tiiu arlg txemn(551A JJ m Wig tccmnn/30¢Ib 11J m Ne'w I (978)748-9161 Fax North-West Elevation (Farting Area), 3/32 = 1-0 a 8se•S-mxrW lfiorw-3 � a�f-0,BTasw4 ��•aQST`-0"° D<xx,x ace 16- (224 Square Feet x 20%of Area=44.8 Allowable Signage Square Footage) Space 01-Parka Lot Elevation-(306 Square Feet x 20%of Area=612 Allowable Signage Square Footage) Appy 9 ge g q � Appr Signage igne q a) I (Approx,SI na S¢eJ x (Number of Signs)-(To S F ( ox. e) x Number of Signs)=(Tot 5 .Ft , (7-0 x 10'-7) x (1 Totap (2029 Sq-Ftg) (7-0'x O-7) x (3 Total =(60b1 Sq.Ftg) I (2029 Sq.Ftg) (2029 Sq.Ftg) Job Nvmbcr. (7-0'x 17-07 x (I Total =(24.00 Sq.Ftg) Total Sgnage Square Footage =(60.81$q.Ftg) < 612 Allowable Square Footage (24.00 Sq.Ftg) hhm Oro-113 Total Sgnage Square Footage =(4429 Sq.Ftg) <44b Allowable square Footage Dele: 01/11/0-f ® f ® ®®® I 1 ® No. Dara Reviuov By: I I I � Q I m _ I I I I nn �n _ a x I I _ I Lomhon t 1)xwieorl d pppro�, p�r�r. � m Neu aalg Locelnrt w taOgC°���n WiL Aiaxlg locmar.d .rJ B�xyu°r�p'x Nen Amng Laubon�A.rJ ( o><Bae•am x m-T. 1 ears.S�x m-T.° .�, !WPr�Scar•7-m z m-T.e•'A�-'1 2 North-East Elevation (1=arkirg Area) 3/32" = 1'-0" - I 1 I I I I ...........-.............- ......- ........... ........ -... ................._......................................_......................................_.............— Project: I I Space 11-Street Elevation-(369 square Feet x 20%of Area=13.8 Allowable signage Square Footage) Messina's (Approx.Signage Srze) x (Number of signs)_(Total Sq.Ftg) Shopping Center (7-0'x re'-7) x (3 Total =112.99 Sq,Ftg) 124.33 59.Ftg.) .maa.R I Renovation Project I ti!1 k I Total Signage Square Footage =(12.99 Sq.Ftg) < 13.8 Allowable Square Footage _ ------------ MR ------ ®® / \ ®®® ®® ! I I I San Lau Realty Trust bW L�l.•J 109-123 Main Street I L� i--' North And ver,MA ppp�x — j ��m Nee Auerg loretand UJlocabw.cZ�4�JJ I 5®•a�x¢-nom _..,_... .... ......... a rxm.:rr ¢-z. ......._.............._.._ I 3 North-(.lest Elevation (First Street), 3/32" = 1'-0" I � ------------ P i I r— I Partial Signage i ......................... .........._...................................._.............................. ....... I I fllllllllllllllllllll�fl i mace h-(Up�aer Level Street)05.34 Square Feet x 20%of Area=23.01 Allowable Signage Square Footage) (Approx Signage S¢e) x Number of S goal_(Total Sq.Ftg.) I I I I I I I I I I 1 (7-0'X VO) X (I Total =(22.00 Sq.Ftg) I (22.00 Sq.Ftg) i ®® Total Signage Square Footage =(2220 Sq.Ftg) < 23.01 Allowable square Footage / I n a ®®® ®® ®® Space h (Street ElevatiorJ (15.34 Square Feet x 20%of Area=2321 Allowable Signage Square Footage). FlRST ST 3EET } s<aie: m J (Approx Signage Sze) x (Number of Signs)_(Total Sq.Ftg.) ------ AS Noted i (22.00 Sq.Ftg.) x (I Total 122.00 Sq.Ftg) _. Drawing Number: Total Signage Square Footage =(2220 Sq.Ftg) < 2321 Allowable Square Footage , I I I I I 5�g�eget�eol Nreg A2 . 2 PPr� ae.7_VxeQ).�Ce 9veal tlerebal..................upper tend Byaet Ebrmnn.......... ........................................ . I [-4] North-East Elevation (Main Street), 3/32" = 1'-0" I Site/Locus Flar, 111 = 50'-0" I Him 0(o-013 (10/0(o) I I ------------------------ 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 .0 0.0 0.0 0 0.0 0.0 b.0 S99n6m 00' L411 o-,I000n Nn.4AnpA LIawM LLf ,714rwnA 0.0 0.0 0.0 0.0 0. 0.0 D 0.0 0.0 .0 0.0 0.0 0. 0. 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B .3 8 1 .5 3.5 1 1.8 9 0.3 ,0.1 0.1 0.0 0.0 _`b.,�` .0 °'1m 04H2/2007 O)71W G ANEFONGgNC U"] '3V S '1� SIJ A6D ARE NOTIMEIDEO FON CQV5IRVOPQY.VALUEa NO 0.0.`a' 1r,R0 0.0 0.0 0.1 .1 j:D.1 0.1 0.1 �.2 1.0 0. .7v�0.6 0.2 0. •�6. 0.0 0.1\�0.0 a9' 0.4�A3�eYUMFnffc.AAO rncENrTSEO I-ORM z iiii } o.o o.o'eu. o. © o. 0.0 0.1 0 ,.d%?'ii 0.011,R.p/ o. 0.0 �i4�o.1 0.2 0.2 o.1 a1 0.0 o. o.o`o.o o 40 0.0 0.0 o:\ o D o.o 0.0 D.o oigi 6.0 0.0 0.0 0.0 0 0.0 0.1 0. 0.0 0 0.0 0 0.0 0.0 iii/ 0.0 0.0` oe 0 0.0 0.oifio.9iil .0 0.0 0.0 0.0 0.0 oe on a. . 0,ro�0.0 0.0 0.0�.g. 0.0 0 0.0 0.0 0.0i go Go ad 0.0 0.0 0.0 0.0 0.0 0.0 0 0.0 0.0 o.o o.o o.D o.o o.o oi9 i o.0 0.0 0.0 0.0 0.0 0.0 afe 0.0 0.0 0. .o 0 0,0 .0 00 0.0 0.0 0.0 0.0 0.0 0.0 ,.o o.o �' o. a i I O�ttuo i1'1' • �� :r ••o Town of North Andover, 7 .� ►'� • -- 'y '' � Office of the Planning Depailment Community Development and Se6"Nqisiag: 05 too JS�CHU1600 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 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 289 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: North Andover nning 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 ` I'D OF APPEALS biterianspecialPermit May 1,2007 ' Upon a motion from John Simons and 2nd by Alberto Angles, the Planning Board herein ap oves 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 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 a 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 tree s mclu de a total of three 3 Shadblow Servic ( ) eberry 2 Map28,Parcel 48 Site Plan Special Permit May 1,2007 T t trees(which will range between 8-10 feet in height),and a total of three(3)Herita a Riv Birch(clump)(which will range between 10-12 feet in height). g er 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 comer 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 Para r which the App sought a variance described in a separate petition currently pending before ph 8 below othe ZoningBoard of licant has 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, Vasse Hangen an 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 Site Plan Special Permit May 1,2007 ' y 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. 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 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 Inapca,rarcel48 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 theproject 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 SitePlanSpecial 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 roacent adjacent J properties orblic ways,u P s 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 ivtapus,Parcel48 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 ligh residential properties. t onto adjacent 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 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 1 I 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 rriapANrarcel48 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 iT.14Pb0,iUSHClYO 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,Exl.l, Exl.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 J . Q ' O 7 cil 10 Town of North Andover m\/FU'D�wffC-lFxkMnc Stamp- ZONING BOARD OF APPEALS '_ Albert P.Manzi III Esq.Chainnwr of VLORTh " - Ellen P.McIntyre, P ice-Chairman 4 jUR 14 Richard T Byers,Esq.Clerk 0 Joseph D.LaGrasw T David R Webster Associate Members 'Ibomas D.Tippolito -TOD j Ac Richard M.Vaillancourt Daniel S.Braese,Esq, This is to certify that twenty(20)days have elapsed from date of decision,filed Any appeal shall be filed within Notice of Decision without filing of an Wal. (20)days after the date of filing Year 2007 Date "42,OL'e'� Ov/ of this notice in the office of the Joyce AvBralbshaw Town Clerk,per Masa.Gen.L.ch. Town Clark 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 01843 ADDRESS: 109-123 Main Street PETITIONS: 2007-404A(Slapping Center) &20074040 RgLsq North Andover,MA 01845 1 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 SU%4 North Andover,MA on Tuesday,March 13,2007 at 7:30 PM upon two separate variance petitions of San Lau Really 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"including the construction of a 209+/-sl 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 Fust Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note#2,of the Zoning Bylaws to allow for lea than a 15-foot green area abutting the rear property line winch is generally consistent with existing conditions;(c)Section 8.1(Off-Stred 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 landscaping requirements for off-street puking 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 z _*2 and Table 2(Summary of Dimensional Requirements);and,(b)Section 8.4(Screening and Landscaping n Requirements for Off-Street Commercial and Industrial Districts)of the Zoning Bylaws to allow for reduced fivat setbacks and related screening along Main Street and First Street to enable the Petitioner to construct a kiosk of approximately 208 s.E in size,all as shown on the"Site Plans,"as defined below(the JUL 9 2007 1600 Osgood Street,Building 20-Suite 2-36,North Andover,MassachusLtt% 01845 Phone-978-688-9541 Fax-978-688-9542 Web-v.,%w.to%-nofriorthandover.coiii BOARD OF APPEALS "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 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 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 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. After notice of the public hearings was published in the Ea*Tribunea 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. 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 fatly 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 Centex Variance Petitiam,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 calong Main Street,and to allow for relief of ten (10')feet,three(3")inches from the front setback along Fust Street only with respect to the drive4hrough facilities,but the remainder of the proposed building will comply with the 25-1oot setback requirement along First St v&, (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 g rm 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-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 258 parking spaces,along with other variances from Section 8.l 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 hidustrial 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 Mess,ina'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"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 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')fed from the front setback along First Street front yard to allow for the construction of a kiosk where 25 fed is 2 1600 Osgood Strut,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-n1,tiv.lounofnorthaii(iover.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.f in size, 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 oorresp mknce 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 Toning Bylaws and Section 10 of MGL c.40A"where the Board fords that owing to circumsbma 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 withotrt nullifying or substantially derogating from the intent or propose of this Bylaw" Accordingly,based upon the information submitted as part of the public record,there are dreumstances 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 partimilar,the site has been used as a retaillofficelgroeery 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 m substantially the same location as previously approved by this Board in the mid-1980s. Also,the Project would include the installation of anew 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 recommendations to attempt to locate improvements along Main Street The proposed building improvements are in substantially the sauce 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 require the requested variance relief the Project in certain circumstances results in a decrease in nonconformity 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 foot setback requirement where the existing building is set baric less than 22 feet. Farther,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 constiucted and still maintain strict compliance with the required front yard sedwks,rear yard buffer, parking requirements,as well as landscaping and buffering requirements under the Zoning Bylaws. However,the impimements 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 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 Iiteral 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 irrrpose the required setback and parking requirements ander the Zoning Bylaw,the Petitioner would have to sabstantialiy reduce 3 1600 osgaml Strect, Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-,�iux-.townofnorthandover.cum 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 underutilized site located on Main Street and in the middle of the Downtown Center of the Town within the General Business Zane,and without the requested variance relief,the redevelopment of which will never be economically practicable for the reasons stated above and as f dhcr 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 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 amu,and the proposed improvements will enhance neighborhood aesthetics and set the standard for future redevelopment efforts within the downtown area.Tliir>d,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 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"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 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. CONDITIONS OF APPROVAL The Board 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 desmW below and collectively,the plans ref fenced 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.Melesciuc,RP.L.S.#39049,Marchionda&Associates LP, 62 Montvale Avenue,Suite 1,Stoneham,MA 02I80 Sheet/Drawing: Sheet 1 of 1 (Scale F=40') Plan Title: Site Plan Review&Special Permit Application Plans for:Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Ian Realty Trust, 109 Main Street,North Andover,MA 01845 4 1600 Osgood Street, Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-973-688-9541 I'm-978-688-9542 Web-kvww,townofnorthandovcr.wm Registered Professional John Barrows,P.E.#40052,Marchionda&Associates LP, EPJFLnecr 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,&4112/07. Shed/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 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 Washin on Street,Salem,Massachusetts 01970-3633 Date(&Revised Dates) October 21,2006,January 17,2007,April 28,2007 Sheet/Drawing-. Ex1.1,Ex 1.2,Ex2.1 Al.1,At2,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. Tricks making deliveries to the property shall comply with all applicable federal and state laws and regulations governing engine idling,inchrding but not limited to Mass.Gen.L.ch.90,§16A("Stopped motor vehicles;operation of engine;time limit;penalty")and applicable EPA regulations on trucdc 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 enrirety,the Zoning Board of Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1984),issued to San Lan 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 m 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. L 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 fcdcral building codes and regulations,prior to the issuance of a building permit as required by the Inspector of Buildings. Farthermem 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-establishedouly after notice,and a new hearing. i Norifi Andover Zomngffoud ot Appeals Ellen P.McIntyre, rice Chairman¢ Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-004B. M29P48. 5 1600 Osgood Street.,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9-5.#1 Fax-978-688-9542 Web-,nru.townofnorthandoct-r.com TRANSMISSION 'VERIFICATION REPORT TIME 06/14/2007 17:26 NAME HEALTH FAX 9786888476 TEL 9786888476 SER. # 000B4J120960 DATE,TIME 06/14 17:25 FAX NO. /NAME 89700275219 DURATION 00:01:35 PAGE?;S.} 06 RESULT OK MODE STANDARD ECM %AORTpx �a r ZONING BOARD OF APPEALS Community Development Division FAX TRA.NSMUSSIDN TO: .FAX NUMMUR: 217 4 - FROM: Town of North Andover Zoning Board of Appestis 1600 Osgood Street FAX: 978-688-9542 DNF,» 978-688-954t Cover&Pages: (� . Date: e1q -0-7 Subject;: b + F _ Town of North Andoverwn Clerk Time Stamp ZONING BCSARIJ OF APPEALS RECEtVE - 4. a,F r 1-C pORTN Albert P.Manzi III,Esq.Chairman pE �,ta Ellen P.McIntyre, vice-Chairman 3� •-`:_ _"`.'.• JoW !•� 9 *t• Richard J.Byers,Esq.Clerk a Joseph D.LaGrasse David R Webster ji, 00pV Lc- Associate Members 'x.73 R„to Et�9lYaJCJA�`c'�1 »T ! Thomas D.Ippolito s�cwus Richard M.Vaillancourt Daniel S.Braese,Esq. Any appeal shall be filed within Notes of Decision (20)days afler the date of filing Year 2007 of this notice in the office of the Town Cledc,per Mass.Gen.L.ch. 40A,§17 Property at: 109-123 Main Street NAME: San Um 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: 20074004A(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 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 further described below.On or about February 15,2007,the Petitioner,San Lau Realty Trust,(the"Petitioner')Sled two separate variance petitions affecting the Property with the Zoning Board of Appeals and Town Clerk seeming 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,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 73 and Table 2 (Summary of Dimensional Requirements)of the Zoning Bylaws to allow for reduced front setbacks along Main Street and Fust 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 Panting)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 laridscaping 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(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 Sliest and First Street to enable the Petitioner to construct a kiosk of approximately 208 s f.in mze,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 Shopping Center Petition and Kiosk Petition were filed in connection with the Petitioner's plan to renovate the existing Messm's Shopping Center,along with parking,lighting, landscaping and other improvements(the"Projec r)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 Pmperty 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 it the 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 cow 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 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 After notice of the public hearings was published in the Eaale Tnbunea 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 Manch 13,2007 at approximately 7:30 p.im in the second floor 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 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 fur 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')fed 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 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 sett&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 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 p ulang 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"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 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')fed from the front setback along Main Street,and to allow for relief of sixteen(16)feet from the fiont 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.townofiiorthandover.com om 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 Fust Street to enable the Petitioner to construct a kiosk of approximately 208 st in size, A 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 Hoard of Appeals to grant variances in accordance with the Zoning Bylaws and Section 10 of MGL c.40A"where the Hoard finds that owing to circumstances relating to soil conditions,shape,or topography of the land or structures and especially affecting such land Of structures but not affecting the General Business(GB)zoning district in general,a literal enforcement of the provisions of this Bylaw will involve substantial bardship,financial or otherwise, to the petitioner or applicant,and that desirable relief may be granted without substantial detriment to the Public good and without 111111 ging 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 retailloffice/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,modem 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 m the proposed configuration in order to both maintain as much parking as possible,and to respond to Town planning moons 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 IM 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 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 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 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 scn mung 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 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 within the constraints imposed by the Zoning Bylaw. To impose the required setback and padmig 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.townofnorthandover.com building size and/or eliminate the kiosk stricture,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 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 masons 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 detriment to the public good for the following reasons. First,the uses of the Property will remain snbstantially 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 firture 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 fi+ont and rear yards from existing conditions,and the Project will milt 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"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. Fifth,the proposed impr+avemermts will in fact substantially improve safety on-and off- site due to improved aisle configuration and traffic cin7ilation patterns. Lastly,the project will substantially enhance the aesthetics of the downtown and surrounding area due to improved landscaping and fighting,enhanced traffic circulation,and a more attractive building design. CONDITIONS OF APPROVAL The Board 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 constricted on the Property in accordance 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 Oft 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) febmW 12,2007,Rev.March 13,2007 R .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.Messina's Shopping Center,North Andover,Massachusetts,April 12,2007 owner: San Lau Realty 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.townofiiordmdover.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,&4/12/07. Sheet/Drawing- C-1 through 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/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 Sheet/Drawing- 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.,Spacial 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 I,2007,Special Condition#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;panaW)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 2007-0048,mVersede,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 Lan 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 Trus,recorded with said Deeds in Book 2725,Page 74. Name; 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 Spacial Permit as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant rmnst 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(I)year of the date of the grant,it shall lapse,and may be reestablished only after notice,and a new hearing. Furthermore,if a Spacial 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 mice,and a new hearing. No Andover Zomngffoard of Appeals Ellen P.McIntyre, Vice Chairman Richard J.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.townofnorthandover.com Town Clerk Time Stamp Town of North Andover RECEIVED ZONING BOARD OF APPEAITS%` `+ ` 1-r P K'` Cj'7F i G E Albert P.Manzi III,Esq.Chairman Ellen P.Mclnt)Te, Vice-Chairman °tet•`f NORTH 1 2001 MAY 24 PM 2: 18 Richard J.Byers,Esq.Clerk Joseph D.LaGrasse $_ ` David R.Webster t 0 i Associate Members NORTH ANQCV i< Thomas D.Ippolito 10"`t ,:;' M A C S A L t:.F Richard M.Vaillancourt �i +,,,0,�• Daniel S.Braese,Esq. 4SSwc►+u5�t 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 Lan 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: 2007-004A(Shopping Center)& 2007-MB 'osk 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 Bylaws7%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 center("Messina Plaza")totaling 52,406 s.f,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;(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(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 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 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.townofnorthmdover.com REIVED T0YY`f r-,!t,c Andover Assessors Maps as Map 29,Lot 48(collectively,the"Property"). The Property is loca(ed'Yne ' 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 r �ur A ie 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 _ '"'au`torequests 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 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 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 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 s.£ 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, 4 8 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 '.MA Date(&Revised Dates) Fcbruary 12,2007,Rev.March 13,2007 R.P.L.S. Stephen M.Melesciuc,RP.L.S.#39049,Marchionda&As ` . &JkCt: d 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 throw C-5 Registered Professional Christian C.Huntress,RL.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-19 L-1,L-2,&L-3 Registered Professional Stephen W.Livermore,RA.#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 Skeet/Drawing: Exl.l,Exl.2,Ex2.1,AL I,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 2007-004B,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&&puWic fi:6oW&&if&e 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 dtW%VIlP tlpltr"p 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 long-established uses at the building by thel#st 'n of new,modern facilities in a manner consistent with genezally Prior upgrade and mode— ed by this Board and in substantially the same location as previously approved by this B arr �Also,the proms 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-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 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 slopping 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 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-foot setback requirement where the existing building is set back les 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 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 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 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 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 relies;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 cause no detriment to the public good for the following reasons. 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 suing 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 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 mrmicipah 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 safety on-and off-site due to improved aisle configuration and traffic circulation patterns. Page 4 of 5 ;1 Lastly,the Project will substantially enhance the aesthetics of th_e�ij=�d� g dpi area due b to improved landscaping and lighting,enhanced traffic circulation,and i design. Note: 1.As required by Section 10.4 of the Zoning Bylaws,and Section 10 of M. i' `- �WA, this decision shall not be in effect until a copy of this decision is recorded at the Essex County ' Northern District r . at the applicant's expense. 2.The granting of the Variance and/or Special Piy$ lEp by ibe 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 dhe 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. A&4t- /) & ' North Andover Zoning Board of Appals Ellen P.McIntyre, Vice Chapman Richard J.Byers,Esq.,Clerk Joseph D.LaGrasse Associate Members Thomas D.Ippolito Decision 2007-004A&2007-0048. M29P48. Page 5 of 5 1 Town Clerk Time Sump Town of North Andover ZONING BOARD OF APPEALS ECEiytD Albert P.Manzi IIT•,Esq.Chairman Ellen P.McIntyre, Vice-Chairman NORTtj Richard J.Byers,Esq.Clerk 0 '-f L a D .`�+� 1„001 FEB 22 F„ 3: 22 Joseph D.LaGrasse air '`- r_ -`' '• o L David R.Webster 'A ,: Associate Members it _ iii . t Thomas D.Ippolito ��D '` NORTH A-*-,0110' r-, Richard M Vaillancourt �',;� ";r, MA S S A v t•i!1 C sTS Daniel S.Braese,Esq. �SS'4CHUSEt� LU c O rn c c w c c m-�+- - a)ur c V mJ>>iac3mooaa�cma)�a�'c�����om��c�ma•62 w .N v_�cc� omai�c oa)'com card mm ro 0._Qy o'coo r-(D W WQ rn•p°•mF.�-.aLO«O. Q••i�0 cro NmN'5 roam 200 cN '0 ."O OU> > c nt�Co�MS?ur wr a>°F c« vcad E� E o°:? o)� N m o ®g•0o o cw€r COaaQ¢_ o �ny0-20ymca°rcocc,22m �o EEawMZ'6 c..-m a °- A66 a g sZQ��°aocomd-t5c -c2 comm°NcrooCL C-U 00001500 WcroiRmg°`�° vQ_tu3 ZZQLLtoonomorn�: F-a!ma>°mc?p. E-612 cc 3. oom vL >omo .�o 00N � Q=OyZOroaoc>oyvE� v°cE� m°LL fQv��mpj°��c°ow�aiE_'�nc romQO>r� >.E0 o m m o w ci a)atm E O _coC - n- rQ ao o° m ro� �{ d 'O.2 <WNra10C4 C ,�0.—...`-y OOc `o CdE 3.-.t�`1.. yV 00 O 'OrVL O)— - y roCda)r NQE N;U CA Nw"ma)co Cc- •, O02 a)•-.from OOO 0La ma N .COQ o� c°d r gt_a ¢ y ui y cnr c a)c.. -' �a�3, Q tet=L m ary a)mom. �c mw. c m• ro ro ° w z mo r a ZmZ�0=t.m°7 ad O cis-t: `O °� mNE(aa�O ca —p a]oya n�d-0 c mCaOL.-L C7 a) "."`•'„Cw+.1 N 3 roxZF-�S«����Z maNiiaF�'E rn2 rna�0 -@ t5 d ca c`= �'a°>�'m {``., •GES 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 Main Street(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, 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 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. \alnotice 2007-004A. �P48. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 19541 Fax-978-688-9542 1 Web-www.townofnorthandover.com C Town Clerk Time Stamp i Town of North Andover r--',ECEiVED ZONING BOARD OF APPEALS TU'- '4 ' Albert P.Mar�III,Esq.Chairman ZOOI FE8 22 Ellen P.McIntyre, Vice-Chairman Of NORrN P1 p 33, 22 Richard J.Byers,Esq.Clerk ? .<<``� ;•.6 0 I Joseph D.LaGrasse c David R.Webster F- l,"10%1- Associate Members HOR I H A * MA v Thomas D.Ippolito o� _ ,• r T Richard M. Vaillancourt Daniel S.Braese,Esq. tss^CHU v O vcl C O,,VQw F_W O��YaSfi1 a>-�JQcC1 o16 1moN oo°G NOOaN>>°oc_��a�TYcOal�Fc/i�iOoo�"Jf>p,l'CV�.��a�-�"~ `�O�•Nciaar amm�at a�cc0�0°w°'C``-F11i 6o° �erCO°7 �mrm°-NtNpQg°1 N ro 1y cOIT �C IFoCC Nm`zCmLL0 °= -0.Qg>�r7o QM �°ftp6 wrNC E Lytlommoo a- c' E- � m6 .2 CNUC0 0mN, _ F y0A.0y0y` UN .oa) 85-° LLz- dZoo OOat ULO0Yte_Y �>°C.OC � CECON � 0 DCaI C ca 0.J4 =. �CtCGOyE�� Co° > OJE om$ wOo'-05 o' Q=ONZ 3rn=ZdQ=naQ a L5 a) EUm S6O� i � 7N�QN~mp� mMO L 2-aP N,0m JOVoL Umo ° � � � cm NNI N Q �a � � i000�� v0O W ZQon ) a - ( ' m w� -j mZ«NQ` :S vrnn cc ch C:o- Uro nrncdmZo 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 Main Street—Kiosk(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. i 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 I 4:30PM. By order of the Board of Appeals Albert P. Manzi III,Esq., Chairman r Published in the Eagle-Tribune on February 26&March 5, 2007. i I Legalnotice 2007-004B. M29P48. i 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.towno&iorthandover.com ZBA 416 OF�.►ORTIy,� TOWN OF NORTH ANDOVER n RECEIPT ,S`rgCHUr✓�� This certifies that.?,!J-Vi.... /I. ............................... has paid. ...�. ..�.6. ,....� .......CX.!.....�, qzo.f. ....v� for ....G✓12�. j. ....`.0 .. ..1�.3..../...... .(.1.1.............. Received by...�f/ . . •%' '1.................................................. Department.........7:iAA............................................................. WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 5 r Date .:q....... .��...�.Q..7 NOwTIy TOWN OF NORTH ANDOVER O 9 RECEIPT �,SS4CHU This certifies that .�� ....!er. .......................... has paid.0...?"s ..00....C w,....6 oo-S....��...!?.+Lo for.�. / -1 ....Y.. �.1..!!�........ ✓n!..... � t. .. .� e Receivedby... ......................................... Department........ ! . ........................................................... WHITE: Applicant CANARY:Department PINK:Treasurer ZBA 4- 13 s Date .. �./ ..-0..7.. �pORT�y, TOWN OF NORTH ANDOVER O T * `� =. '�► RECEIPT �`rSgCHU5�� SM Y ' v `tel 'ter IfA This certifies that.. ......... o? .. ..... ........... . .... .h............... has paid ... .1/.!. .... �.-� .. forQ...I.. f.. ...... .....J �.Pe ... dr.. -Qa / Received .......................................... Department.......... .. .......................................................... WHITE: Applicant CANARY:Department PINK:Treasurer i Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0021 Date: March 22,2007 APPLICATION TYPE SUBMISSION DATE:- Commercial ATECommercial Variance Thu Feb 15, 2007 Applicanrs Name: Owner's Name: NAME: NAME SAN LAU REALTY SAN LAU REALTY ADDRESS: ADDRESS. 109-123 MAIN STREET SUITE E2 1WI23 MAIN STREET SUITE E2 TOWN: STATE: ZIP CODE: TOWN: STATE ZIP CODE: NORTHANDOVER mot 01845 NORTHANDOVER MA 01845 PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: EMAIL ADDRESS: EMAIL ADDRESS. Site Information: Work Location.: SITE ZONING: 109 MAIN STREET GS TONIN: SECTION OF BYLAW: NORMANDOVEIt MA 01845 7.3 GIS# MAP BLOCK LOT: ACTION TAN: 1394 M.0 R ow Reason for filing: Oneasklir►al Var from 7.3&T 2 f"relief of A1ai[r_&F11W Street front SetUacks,Foofiote 2 for relief from open and green landscape buffer,from &I,&8.4 for Seriovatlons to the MassMa'S Shoppk4 Center. HARDSHIP. FINDINGS: COULD NOT DEROGATE BECAUSE FILING DEADLINE MAILING DATE HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE Tue Apr 10,2W REFERRALS IN DATE HEARING DEADLINE DATE: HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE FIRST ADVERTISING DATE HEARING DATE VOTING DATE DECISION DATE Tue Mar 13,2007 SECOND ADVERTISING DATE HEARING TIME VOTING DEADLINE DECISION DEADLINE MEMBERS PRESENT: VOTE MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeoTMSO 19M Des Laudws&Associates,Inc. 1 y Zoning Board of Appeals North Andover Hearing No.: ZBA-2007-0022 Date: March 22,2007 APPLICATION TYPE: SUBMISSION DATE:- Commercial ATE:Commercial Variance Thu Feb 15, 2007 ApplicarIft Name: Owner's Name: NAME NAME: SAN LAU REALTY SAN LAU REALTY ADDRESS: ADDRESS: 109-123 MAW STREET SUITE E2 109-123 MANN STREET SUITE E2 TOWN: STATE I ZIP CODE: TOWN: STATE ZIP CODE: NORTHANDOVER AM 01345 NORTHANDOVER MA 01845 RHONE NO.: FAX NO.: PHONE NO.: FAX NO_: EMAIL ADDRESS: EMAIL ADDRESS: Site Information: Work Location.: STTE ZONING: 109 MAW STREET I GB TOWN: SECTION OF BYLAW: NORTH ANDOVER,MA 01846 7.3 GIS# MAP. BLOCK LOT: ACTION TAKEN: 1394 1 029.0 1 0048 Reason for fling: d/mensk"Var from 1.3&T 2 for relief of Mafn and FhW Street front setbacks,&8.4 to construct arkkrak 1n the norMeast comms of the Messhm's Shopping Center. HARDSHIP. FINDINGS: COULD NOT DEROGATE BECAUSE: FILING DEADLINE MAILING DATE HEARING CONTINUED DATE DECISION DRAFT BY: APPEAL DATE Tue Apr 10,2007 REFERRALS IN DATE HEARING DEADLINE DATE HEARING CLOSE DATE FINAL SIGNING BY: APPEAL DEADLINE- FIRST EADLINEFIRST ADVERTISING DATE HEARING DATE VOTING DATE DECISION DATE: Tue Mar 13,2W SECOND ADVERTISING DATE HEARING TIME VOTING DEADLINE: DECISION DEADLINE- MEMBERS EADLINEMEMBERS PRESENT: VOTE-- MOTION OTEMOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION: MINUTES OF MEETING: GeOTMS4D1998 Des Lauriers&Associates,Inc.