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HomeMy WebLinkAboutMiscellaneous - 1270 TURNPIKE STREET 4/30/2018T 'Town of North Andover Office of. the Planning Department. J P; Community Development and Services Divir 27 Charles Street 'Qft7 H North Andover, Massachusetts 01845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision -LUU! OCT r3ejeplPne3(918� 688-9535 Fax (978) 688-9542 42 1 4 OF -BOARD Q� ;eAITHVE137—' Nov 12" E � Date: October 31, 2001 Date of Hearing: September 4, 2001., October 2, 2001, October 16, 2001 & October 30, 2001 Petition of: Seven Hills Foundation 81 Hope Avenue, Worcester MA 01603 Premises Affected:' 1270 Salem Turnpike Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA Signed:r 3oJ n Simons, Chairman . Iberto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz, Associate Member BOARD OF APPEALS 658-9541 BITILDING 683-9-545 CONS ER`, ATION 688-95 3 ID HEALTH 688-9540 PLANNI.NG 683 953; 1270 Salem Turnpike Street Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. This Special Permit was requested by Seven Hills Foundation 81 Hope Avenue, Worcester, MA 01603. This application was filed with the Planning Board on August 3, 2001. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Village Commercial Zoning District and involves the construction of an office building, which is an appropriate use within the district. The building footprint is 4% of the lot coverage. The site design meets all of the Village Commercial special requirements, including massing, style, setbacks, and overall presentation. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The proposed use is a small professional office, will not alter any no -disturbance or wetland areas, will not introduce additional driveways onto the highway and will improve the appearance of the site with additional landscape screening of the existing pump station facility. The landscaping and pervious area includes 84% of green space including the wetlands. This is in accordance with Section 8.13a, which requires a minimum of 5% landscaping and green space must be provided for all parking areas. Within the first 50' there are seasonal plantings, silver mounds, blue junipers, flowering crabapples and other plantings. The planting plans continue along the perimeter of the parking lot, in front of the office building, around the picnic area and surrounding the propane tanks. 3. The parking lot contains 18 spaces, with the option of a 191h space and is located in front of the building. In accordance with Section 8.13 the Planning Board may allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access will be via a single drive, onto the State-controlled highway, and will not introduce a nuisance or serious hazard to vehicles or pedestrians. The site drive is 25' wide and is straight upon entrance. The site drive will be shared for both access to the proposed office building and to the existing pump station. An easement exists on the property for the existing pump station. The applicant has secured a permit from the Massachusetts Highway Department. 5. The project will connect to existing sewer and water services. Sewer will be gravity piped to a gravity manhole at the existing pump station. The sewer design will accommodate the potential future connection for the immediate abutter by the provision of stubs at two locations along the property line. Water will be via a new service connection at the street. Sufficient capacity exists for these utilities. The water connections will include provisions for sprinkling the building. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The project will incorporate the required TSS removal for the site. The parking runoff will utilize a Downstream Defender treatment facility as well as a deep sump catch basin. Treated water and roof water will be routed via a subsurface detention basin system. The total peak discharge for the proposed conditions will not exceed the existing conditions as required. The drainage calculations for the site have been reviewed and approved by the Town's consulting engineer. 7. A fire hydrant will be placed at the access of the street as requested by the North Andover Fire Department. 8. The lot contains 69% Contiguous Buildable Area vs. the required 75%. The Building Commissioner confirmed that the lot existed in the 1970's. The 75% CBA is for new lots created after 1986, and the Building Commissioner has determined that this lot is grandfathered from this requirement. 9. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw with the exceptions of waiver(s) granted in Condition #19. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must depict the removal of the sewer stubs at the abutter's (John C. Farnum Estate) request and the extension of the construction fencing. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of ten thousand ($10,000) 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, K 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 Department. c) The applicant must provide the Planning Department copies of approvals received from the Conservation Commission prior to endorsement of the plans. 2. Prior to the start of construction: a) A construction schedule must be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) Yellow Hazard tape must be placed along the no -cut line as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 3. Prior to FORM U verification: a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. 4. Throughout and During Construction: a) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. b) During construction, the site must be kept clean and swept regularly. c) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. 5. Prior to verification of the Certificate of Occupancy: 3 a) 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. 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. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. 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 applicant shall adhere to the following requirements of the North Andover Fire Department and. the North Andover Building Department: i. All structures must contain a commercial fire sprinkler system. 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. 6. Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the drainage structure is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant'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 facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved R piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. Special attention needs to take place to ensure that any stockpiling and/or removal of materials stay within the boundaries of the lot and do not create additional debris to Route 114. 8. The hours for construction 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. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 14. 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 materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant 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. 15. 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. 16. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after 5 (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. 19. The following waivers from the Town of North Andover Zoning Bylaw, dated May 2001, have been GRANTED by the Planning Board: a) Waiver to Section 8.3.5(c) requiring that landscape plans be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts has been GRANTED as the plans provided have been stamped by a civil engineer registered in the Commonwealth of Massachusetts and the landscaping plan exceeds the requirement mandated by Section 8.13.a for Village Commercial projects. b) Waiver to Section 8.3.5.e(xix) requiring that a traffic impact study be provided which projects the expected traffic impacts to occur based upon the proposed project has been GRANTED. This waiver has been granted as the applicant has submitted a traffic impact statement which has been reviewed and approved by the town's engineering consultant, Vanasse; Hangen, Brustlin, Inc. and that the project has been permitted by the Massachusetts State Highway Department. 20. The following information shall be deemed part of the decision: Plan Titled: Assessors Map 107A Lot 148 Report Titled: Salem Turnpike —Route 114 Prepared for: North Andover, Massachusetts 01845 Prepared for: Seven Hills Foundation 81 Hope Avenue Worcester, MA 01603 Prepared By: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Scale: 1'=20' Date: July 31, 2001, revised 10/15/01 Sheets: 1-11 Report Titled: Drainage Calculations Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Dated: June 22, 2001, revised October 11, 2001 Report Titled: Notice of Intent Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One 9 Salem, NH 03079 Dated: August 2, 2001 cc: Applicant Engineer File Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number__7 . 242-960 V�PA Form 5 Order of Cor�di�ions for DEP use only and North Andover Wetland Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Protection Bylaw. Applicant Information From: NORTH ANDOVER Consavation Commission For: 242-960 Project file Numbe- To: Mark Walter dba Greener Pastures Ap liP+n1rName Main Street Mailing Address Boxford, MA 01921 City/Town State . Zip Code The project site is located at: 1270 Turnpike Street City/rown Map 107A ' Parcel 148 Assessors Map/Plat Y Parce+Aot / and the property is recorded at the Registry of Deeds for: Essex 1182 309 County Book Page Ceaffiate (irregisrerai land) Ulm ga Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above -referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this commission finds that the area in which work is proposed is signifi6nt to the following interests of the Wetlands Protection Act (check all that apply): Public Water Supply Private Water Supply Groundwater Supply `J Flood Control ❑ Land Containing Shellfish Fisheries %Storm Damage Prevention Prevention of Pollution Protection of Wildlife Habitat The Notice of Intent for this project was filed on: April 23, 1999 Date The public hearing was closed on: July 7, 1999 Date Title and Date of final Plans and Other Documents: Sj4e-& 64 lama 7Urhp1kCSirreef dakcL M arch 1q, tggg RE -V Furthermore, this Commission hereby finds that the project, as proposed, is: (check one of the following boxes) Appr ed subject to: the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all the work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. n...... , ..c c Town of North Andover Office of. the Planning Department Community Development and Services DM24ft-, 27 Charles Streetr' North Andover, Massachusetts 01.845 Heidi Griffin Planning Director Any appeal shall be filed Within (20) days after the Date of filing this Notice In the Office of the Town Clerk Notice Of Decision 1G0► Q(, T ep13(91688-9535 Fax (978) 688-9542 Date: October 31, 2001 Date of Hearing: September 4, 200 1, October 2, 2001, October 16, 2001 & October 30, 2001 Petition of: Seven Hills Foundation 81 Hope Avenue, Worcester MA 01603 Premises Affected: 1270 Salem Turnpike Street Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 and 10.3. So as to allow: Ithe construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. After a public hearing given on the above date, the Planning Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following conditions: Cc: Applicant Engineer Abutters DPW Building Department Conservation Department Health Department ZBA Signed:t�z.=�J 30 n Simons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz, Associate Member BOAP.:D OF APPEALS 688-9541 BUILDING 688-9545 CONSER`T ATION 688-953. HrALTH 688-9540 PLANNING 688 :535 1270 Salem Turnpike Street Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 5700 square foot office building with related parking and landscaping in the Village Commercial Zoning District. This Special Permit was requested by Seven Hills Foundation 81 Hope Avenue, Worcester, MA 01603. This application was filed with the Planning Board on August 3, 2001. The applicant submitted a complete application, which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Village Commercial Zoning District and involves the construction of an office building, which is an appropriate use within the district. The building footprint is 4% of the lot coverage. The site design meets all of the Village Commercial special requirements, including massing, style, setbacks, and overall presentation. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The proposed use is a small professional office, will not alter any no -disturbance or wetland areas, will not introduce additional driveways onto the highway and will improve the appearance of the site with additional landscape screening of the existing pump station facility. The landscaping and pervious area includes 84% of green space including the wetlands. This is in accordance with Section 8.13a, which requires a minimum of 5% landscaping and green space must be provided for all parking areas. Within the first 50' there are seasonal plantings, silver mounds, blue junipers, flowering crabapples and other plantings. The planting plans continue along the perimeter of the parking lot, in front of the office building, around the picnic area and surrounding the propane tanks. 3. The parking lot contains 18 spaces, with the option of a 19`" space and is located in front of the building. In accordance with Section 8.13 the Planning Board may allow up to 50 spaces, or 25% of the total parking, whichever is greater, to be located to the front of the structure as long as all other dimensional criteria are adhered to. 4. There will be no nuisance or serious hazard to vehicles or pedestrians. Access will be via a single drive, onto the State-controlled highway, and will not introduce a nuisance or serious hazard to vehicles or pedestrians. The site drive is 25' wide and is straight upon entrance. The site drive will be shared for both access to the proposed office building and to the existing pump station. An easement exists on the property for the existing pump station. The applicant has secured a permit from the Massachusetts Highway Department. 5. The project will connect to existing sewer and water services. Sewer will be gravity piped to a gravity manhole at the existing pump station. The sewer design will accommodate the potential future connection for the immediate abutter by the .provision of stubs at two locations along the property line. Water will be via a new service connection at the street. Sufficient capacity exists for these utilities. The water connections will include provisions for sprinkling the building. 6. The site drainage system is designed in accordance with the Town Bylaw requirements. The project will. incorporate the required TSS removal for the site. The parking runoff will utilize a Downstream Defender treatment facility as well as a deep sump catch basin. Treated water and roof water will be routed via a subsurface detention basin system. The total peak discharge for the proposed conditions will not exceed the existing conditions as required. The drainage calculations for the site have been reviewed and approved by the Town's consulting engineer. 7. A fire hydrant will be placed at the access of the street as requested by the North Andover Fire Department. 8. The lot contains 69% Contiguous Buildable Area vs. the required 75%. The Building Commissioner confirmed that the lot existed in the 1970's. The 75% CBA is for new lots created after 1986, and the Building Commissioner has determined that this lot is grandfathered from this requirement. 9. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw with the exceptions of waiver(s) granted in Condition #19. Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must depict the removal of the sewer stubs at the abutter's (John C. Farnum Estate) request and the extension of the construction fencing. The final plan must be reviewed and approved by the DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A bond in the amount of ten thousand ($10,000) 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, M 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 Department. c) The applicant must provide the Planning Department copies of approvals received from the Conservation Commission prior to endorsement of the plans. 2. Prior to the start of construction: a) A construction schedule must be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) Yellow Hazard tape must be placed along the no -cut line as shown on the approved plans and must be confirmed by the Town Planner. The Town Planner must be contacted to review the marked tree line prior to any cutting on site. The applicant shall then supply a copy of a plan, certified by a registered professional engineer, certifying that the trees have been cut in accordance with the approved plans. 3. Prior to FORM U verification: a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed 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 applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. 4. Throughout and During Construction: a) In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. b) During construction, the site must be kept clean and swept regularly. c) Dust mitigation and roadway cleaning must be performed weekly, or as deemed necessary by the Town Planner, throughout the construction process. 5. Prior to verification of the Certificate of Occupancy: 3 a) 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. 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. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. 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 applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: i. All structures must contain a commercial fire sprinkler system. 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. 6. Prior to the final release of security: a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. Specifically after the drainage structure is completed, the Town Planner will review the site and any screening as may be reasonably required by the Town Planner will be added at the applicant'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 facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 7. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff. Any approved E piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off and covered. Special attention needs to take place to ensure that any stockpiling and/or removal of materials stay within the boundaries of the lot and do not create additional debris to Route 114. 8. The hours for construction 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. 9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 12. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 13. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 14. 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 materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In no way is the applicant 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. 15. 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. 16. Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This Special Permit approval shall be deemed to have lapsed after 5 (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. 19. The following waivers from the Town of North Andover Zoning Bylaw, dated May 2001, have been GRANTED by the Planning Board: a) Waiver to Section 8.3.5(c) requiring that landscape plans be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts has been GRANTED as the plans provided have been stamped by a civil engineer registered in the Commonwealth of Massachusetts and the landscaping plan exceeds the requirement mandated by Section 8.13.a for Village Commercial projects. b) Waiver to Section 8.3.5.e(xix) requiring that a traffic impact study be provided which projects the expected traffic impacts to occur based upon the proposed project has been GRANTED. This waiver has been granted as the applicant has submitted a traffic impact statement which has been reviewed and approved by the town's engineering consultant, Vanasse, Hangen, Brustlin, Inc. and that the project has been permitted by the Massachusetts State Highway Department. 20. The following information shall be deemed part of the decision: Plan Titled: Assessors Map 107A Lot 148 Report Titled: Salem Turnpike —Route 114 Prepared for: North Andover, Massachusetts 01845 Prepared for: Seven Hills Foundation 81 Hope Avenue Worcester, MA 01603 Prepared By: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Scale: I"=20' Date: July 31, 2001, revised 10/15/01 Sheets: 1-11 Report Titled: Drainage Calculations Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One Salem, NH 03079 Dated: June 22, 2001, revised October 11, 2001 Report Titled: Notice of Intent Prepared for: Seven Hills Foundation Prepared by: MHF Design Consultants, Inc 103 Stiles Road, Suite One 9 Salem, NH 03079 Dated: August 2, 2001 cc: Applicant Engineer File I� Town of North Andover OFFICE OFIVEb COMMUNITY DEVELOPMENT AND SERJy, ADSHAV 27 Charles Street TOWN CLERK North Andover, Massachusetts 01845 NORTH ANDOVER WILLIAM J. SCOTT Director (978)688-9531 Any appeal shall be filed within (20) days after the date of filing this Notice in the Office of the Town Clerk. NOVICE OF DECISION y° a O0L O 9 1999 DEC 15 P 4: 22 Fax(978)688-9542 Date Ekrern6r-r Iy� Ig49 Date of Hearing pe_cemher -71, 1206 Petition of E'I n1n � M car k 0a 1+e(- Premises affected 1-2-70 _Ffirn ig i ke- Str e e+ Referring to the above petition for a special permit from the requirements of the Nor -4 h Ando.ter 2on',nc W 1 a(.\ _5ez+;nn S. so as to allow ra r_+•gem Of a 1-200 ih c/ A-ri, i 25to_b I i-,, h m e n+ After a public hearing given on the above date, the Planning Board voted to I DE the -5 Ce- L: 10- 1 Pe' -r -a & f + - S I +e P I rL I rXI MR based upon the following conditions: CC: Director of Public Works Alison Lescarbeau, Chairman Building Inspector Natural Resource / Land Use Planner John Simons, Vice Chairman Health Sanitarian Assessors Alberto Angles, Clerk Police Chief Fire Chief Richard Nardella Applicant Engineer Richard S.Rowen Towns Outside Consultant File William Cunningham Interested Parties Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING. 688-9535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover; Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 December 10, 1999 Brian & Mark Walter DBA Greener Pastures 341 Main Street Boxford, MA 01921 RE: 1270 Turnpike Street Site Plan Review Dear Mr. Walter: Fax(978)688-9542 Please be advised that at their regularly scheduled meeting of December 7, 1999, the North Andover Planning Board voted to DENY your application for a special permit — site plan review for 1270 Turnpike Street. The reasons cited for the denial are listed below: 1. The applicant's public hearing was scheduled for May 18, 1999. Since that time, the applicant has requested continuances up and until the meeting of December 7, 1999 (request for continuances attached). 2. As a result of these continuances, the Planning Board has not had the opportunity to review a plan because of the continuous request for continuances. 3. Although the Planning Board understands there were issues that needed to be worked out regarding the pump station and zoning setbacks, these are also issues that could have been resolved during the past six months during which the Planning Board allowed the continuances to be permitted. Therefore, the Planning Board herein DENIED this plan for a special permit at their meeting of December 7, 1999. If you have any questions, please do not hesitate to contact me. Sincerely, eidi Griffin (1 Town Planner cc: Thomas E .Neve Associates, Inc. 447 Old Boston Road, U.S. Route #1 Topsfield, MA 01983 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535