Loading...
HomeMy WebLinkAboutMiscellaneous - 1812 TURNPIKE STREET 4/30/2018 (3)P] i t 4 Town of North Andover of V10RTH Office of the Planning Department 3? •`�'��� °```�` Community Development and Services Division v . 27 Charles Street � North Andover, Massachusetts 01845 �'Ss, -Is Telephone (978) 688-9535 Fax (978) 688-9542 Notice Of Decision o 2:o Any appeal shall be filed o o Within (20) days after the �' Date of filing this Notice CD In the Office of the Town m o M CD Clerk D m U) w Date: December 20, 2001 N Date of Hearing: November 13, 2001, December 4, 2001 & December 1.8, 2001 Petition of: Jean Paul Proulx ''l"�812 Turnpilce Street, North Andover, MA 01845 Premises Affected: 1812 Turnpike Street North Andover, MA 0.1845 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 two-story clapboard and wood/metal frame office/retail building in the General Business 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 (- Signed4berto /n ' ions, Chairman Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz BOARD OF APPEALS 688-9541 BLJILDING'688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Review - Special Permit 1812 Turnpike Street The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2 -story clapboard and wood/metal frame 20,250 square foot office and retail building located within the General Business Zoning District. This Special Permit was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845. This application was filed with the Planning Board on October 12, 2001. 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 Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: r- 1. 1. The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of a permitted use within the General Business Zone. The North Andover Zoning By -Law Section 4.131, allows retail establishment and office use within the General Business Zoning District. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The first 15 feet of the total setback abutting the residential district shall remain open and green and suitably landscaped, this has been provided along the rear lot line. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways are adequate. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Coler & Colantonio. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition #21. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 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 A approval to the applicant provided the following conditions are met: SPECIAL CONDITIONS: 1. This approval is based on the fact . that a restaurant will not be included in the development. This restriction is required due to the fact that the parking ratio is greater than that for office and retail. Presently, 10,000 SF of Retail and 10,000 SF of office require 83 parking spaces, the proposed plan provides parking for 83 spaces. If the development chooses to include a restaurant(s), a site plan review special permit must be applied for from the Planning Board. 2. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3. 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 area of non-compliance, if any, and actions taken to resolve these issues. 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 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, 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. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 5. Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. 2 b) 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. c) The Town Planner must be contacted and review the site 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. 6. Prior to FORM U verification (Building Permit Issuance): 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 Planning Board recognizes that the applicant may want to construct the building with the addition of columns and eaves as depicted on plans titled, Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet A-3.1 the Planning Board supports the addition of the columns and eaves. To construct the additions the applicant must obtain a variance from the Zoning Board of Appeals allowing a reduction. to the 100 -foot setback requirement. A recorded copy of the Zoning Board of Appeals decision certifying the variance has been granted must be provided to the Planning Department. d) The applicant 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. e) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 7. Prior to verification of the Certificate of Occupancy: 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. 9 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 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. 8. 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. 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. 9. 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 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. 10. 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. No mechanical devices (i.e. HVAC, vents, etc..) which may be visible from any surrounding roadways shall be placed on the roof. Eli 1 Q 11. The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective uiility companies. 15. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. 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. 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. 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. 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. 20. 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. 21. A waiver to Section 8.3.5:e.v of the North Andover Zoning Bylaw requiring topography: contour intervals depicted at two (2') intervals is GRANTED due to the fact that a one foot contour interval was chosen to properly illustrate the drainage characteristics of a relatively flat site. 22. This Special Permit approval shall be deemed to have lapsed after December 20, 2003 (two years from the date permit granted) unless substantial use or 5 i construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 23. The following information shall be deemed part of the decision: Plan Titled: Office/Retail Development Prepared For: Jean P Proulx 1812 Turnpike Street, North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888 Scale: .l "=20' Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 & 12/04/01 Plan Titled: Paul Proulx Office/Retail Building Prepared By: Mulvanny Architects 11820 Norhup Way, Bellevue, WA 98005 Scale: 1/8"=1'-0" Date: November 19, 1999 Report Titled: Drainage Calculations Dated: October 12, 2001 Prepared For: Jean P. Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Report Titled: Fiscal and Community Impact Report Prepared for: Paul Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared by: Elmer A Pease PD Associates, LLC Real Estate Consultants 1600 Candia Road Suite #7 Manchester, NH 03109 cc: Applicant Engineer File rel °��t"° '�°" 6„.P • 6 °p `�. . i c DTown of North Andover Office of the Planning Department ii A� Community Development and Services DivAIb I - 9 PM 4: d 0 '�9Ssq�14U 1600 Osgood Street North Andover, Massachusetts 01845 NORTH ANDOVER t ASSACHUSi T i S NOTICE OF DECISION Bldg. ZBA Any appeal shall be fled Con/Com Health Fire Chief Police Chief within (20) days after the. Town Clerk DPW/Engineers date of filing this notice in the office of the Town Clerk Date: August 8, 2007 Date of Hearing(s): 2/6/07, 6/5/079 7/17/07 Date of Decision: August 7, 2007 Petition of: GFM General Contracting Corporation 325 North Main Street, No. 15B Middleton, MA 01949 Premises Affected: 1812, 1820-1830 Turnpike Street, North Andover, MA 01845, within the General Business Zoning District, Assessors Map 106D, Parcels 46 and 47. 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 construction of 38,430 s.f.+/- of retail/office building, parking, utilities, 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 REVIEW SPECIAL, PERMIT based upon the following conditions: 001i -,Dyl — a,,, North Andover PI Hing Board Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen, regular member Jennifer Kusek, regular member Tim Seibert, alternate member 1812,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007` Q On August 7, 2007 upon a motion made by John Simons and seconded by011c-i)aTd`R6wen, the Planning Board herein APPROVED the Site Plan Review Special Permit for the c�p rl- 3 g. of retail/off building, 119 parking spaces, utilities, site lighting,extensive I a&'�and� a�� �- gr g work and other improvements shown on the "Plans" as defined below. The project inclu $T*� ,e.. eation of a � parking and driveway Easement located on 1812 Turnpike Street as shown 4j �r�,4)W106D, Parcel 47. The purpose of which is to create common driveway access locatedpq ft 1 1812 Turnpike Street, shown on Assessor's Map 106D, Parcel 47 which shall service both 1812 Turnpike Street and 1820-1830 Turnpike Street in connection with the "project" as defined below. A recorded maintenance agreement for the common driveway access shall be filed with the Registry of Deeds. The project lies in the General Business Zoning District and is located on real property shown on the North Andover Assessors Map 106D, Parcel 46 and 47 and consists of approximately 88,245 s.f. (2.026 acres) and 38,332 s.f.+/- (.88 acres) respectively with frontage on Turnpike Street and Berry Street. The Special Permit was requested by the Applicant, GFM General Contracting Corporation, 325 North Main Street, No. 15B, Middleton, MA 01949. This application was filed with the Planning Board on January 4 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the review process, the Applicant and its professional consultants also submitted various revisions to the plans along with various supplemental memoranda and correspondence in response to requests by the Planning Board, the Board's peer review consultants, and by the various departments within the Town of North Andover that reviewed the project. All of these plans, reports and correspondence are contained in the Planning Board's files and are hereby incorporated by reference into the public record for this hearing. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3, as well as Section 9 of M.G.L. c. 40A: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is located in the General Business Zone and involves the construction of permitted uses within this zone. Specifically the General Business District permits both "retail stores and wholesale stores, as well as "restaurants, dining room or lunch room". Presently, the site contains approximately 88,245 s.fof underutilized land area. The project provides goods and services to compliment the surrounding uses, expands the economic base within the town, and improves the character and integrity of the abutting residential neighborhoods. 2) The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The landscaping and lighting plans approved as part of this plan meet the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw. The lighting plan consists of a combination of shielded downcast lighting and ornamental lighting that has been arranged to provide adequate safety for the business and shall not impact abutting properties on Turnpike Street and Berry Street. The landscaping has been placed so as to enhance the appearance along the frontage of Turnpike Street, Berry Street and the commercial and residential abutting properties. All plantings and screening depicted on the approved plans referenced herein shall remain in perpetuity over the life of the project. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. The proposed parking lot E 1812,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 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. 4) The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw. The Planning Board has determined that the site plan meets the spirit and intent of Section 8.4 of the North Andover Zoning Bylaw. 5) The site drainage system and storm water management design are designed in accordance with the Town Bylaw requirements and Best Management Practices, and has been reviewed by the outside consulting engineer, Vanasse, Hangen Brustlin, Inc. (VHB). 6) The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan Review, including all filing requirements as stated in Sections 8.3 and 10.31 of the Zoning Bylaw. 7) Adequate and appropriate facilities will be provided for the proper operation of the proposed use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The project will provide for municipal water, sewer and utilities on the property to adequately address the needs of the project. The Colonial style of the building has been designed in a manner to blend into the existing area architectural style and will complement the surrounding neighborhood. The storefronts and office areas contain numerous pedestrian scaled elements that provide for improved visual and physical access to the goods and services within the building. The project also contains a tasteful lighting plan throughout the site to enhance the pedestrian feel of the project while maintaining sufficient lighting. 8) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3 and 10.31 but requires conditions in order to be fully in compliance. The Planning Board hereby unanimously votes to both grant the requested waivers as described in the Applicant's application, and also unanimously votes to grant approval of the Applicant's proposed project as described in the "Plans" and other supporting information described in the public record, provided the following conditions are met: SPECIAL CONDITIONS: 1) Permit Definitions: a) The "Locus" refers to the 88,245 s.f. (2.026 acres) and 38.332 s.f. (.88 acres) respectively with frontage on Turnpike Street and Berry Street as shown on the North Andover Assessors Map 106D, Parcel 46 and 47. b) The "Plans" refer to the plans prepared by Eastern Land Survey Associates, Inc., 104 Lowell Street, Peabody, MA 01960 dated October 21, 2007, Revised 5/7/07, 5/30/07, 6/21/07, 7/9/07 entitled "Site Development Permit Plan For GFM General Contracting Corporation 1820 —1830 Turnpike Street in North Andover, Massachusetts" consisting Sheets 1 through 7. c) The "Project" or "1812, 1820-1830 Turnpike Street" refers to the construction a 38,430 st retail/off building, 119 parking spaces, utilities, site lighting, extensive landscape and grading work and other improvements as shown on the Plans. 3 1812,1820-1830 Turnpike Street Map 1061), Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 d) The "Applicant" refers to GFM General Contracting Corporation, 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) All artificial lighting used to illuminate the parking lot and access ways 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. 2) Environmental Monitor: The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The Environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products if applicable. 3) Construction Monitor: The Applicant shall designate an independent construction monitor who shall be chosen in consultation with the Planning Department. The construction monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. The construction monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail areas of non- compliance and actions taken to resolve such issues. The designated monitor may not be applicant and/or developer. The 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) Dumpsters shown on the Plans shall be screened at all times; and 1) Temporary storage of construction debris, dirt, and equipment. 4) PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS: a) The final plans must be reviewed and approved by the DPW and the Planning Department and be endorsed by the Planning Board. The final Plans shall be modified to include a Planning Board endorsement block and must be submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failure to submit and obtain Planning Board endorsement within the 90 -day period will automatically cause the approval to become null and void. b) The final site drainage system must be designed in accordance with the Town Bylaw requirements and reviewed by the Division of Public Works. All storm water drainage control 4 1812,1820-1830 Turnpike Street Map 1061), Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 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) 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, Conservation 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 24. 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. 5 1812,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 c) The project owner shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Building Department. 7) DURING CONSTRUCTION: a) During construction, the site must be kept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner. b) The plans for the stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Town Planner. The developer will make every effort to locate stockpiles on the site and away from residential properties. Any approved piles must remain covered at all times to minimise potential dust and the project owner will be required to install appropriate erosion control measures. c) In an effort to reduce noise levels, the developer shall keep in optimum working order, through regular maintenance, any and all equipment that will emanate sounds from the structures or site. d) The Town Planner will perform monthly inspections of the site during construction to ensure that the developer is adhering to the conditions set forth in the decision. 8) PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY: a) The Applicant must submit a letter from the architect and engineer of the project stating that the building, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. Alternatively, the Applicant and/or property owner may provide a bond, determined by the Planning Board, to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the parking area. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Staff shall review the site lighting plan. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. The Applicant must submit a letter from the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the Plans referenced at the end of this decision as endorsed by the Planning Board. All site lighting shall provide security for the site and structures, however, it must not create any glare or project any light onto adjacent residential properties. 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 D 1812,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from both the North Andover Fire Department and the North Andover Building Department to the applicant. The Applicant must then provide this certification to the North Andover Planning Department. d) Any and all signage plans for the site, which have been provided to the Planning Board during the site plan review process, were presented for the purpose of demonstrating signage materials only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building Department. In no way is the Project Owner to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the Project Owner prior to construction. 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. 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) 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. 13) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 15) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16) The use of permanent or temporary trailers for storage of goods and products associated with the operations of any business within the project area is prohibited. 17) No underground fuel storage shall be installed except as may be allowed by Town Regulations. 18) The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns in interest or control. 7 1812,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 19) Snow removal may be stored on the designated storages areas shown on said plans referenced below to the extent possible, but shall be trucked off site whenever snow exceeds onsite storage capacity. 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) 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. 22) The Planning Board requires that the project be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and features displayed and discussed during the Public Hearings and in strict accordance with all conditions contained herein. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8 .of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 23) This Special Permit approval shall be deemed to have lapsed after August 7, 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. 24) The following information shall be deemed part of the decision: a) Plans titled: Site Development Permit Plan b) Plans titled: Site Development Permit Plan For GFM General Contracting Corporation 1820 -1830 Turnpike Street in North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Bay State Design Associates 0 For GFM General Contracting Corporation 1820 -1830 Turnpike Street in North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Eastern Land Survey Associates, Inc. 104 Lowell Street Peabody, MA 01960 Scale: 1 "=20' Plan Date: October 21, 2007, Revised 5/7/07, 5/30/07, 6/21/07, 7/9/07 Sheets: 1 through 7 b) Plans titled: Site Development Permit Plan For GFM General Contracting Corporation 1820 -1830 Turnpike Street in North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Bay State Design Associates 0 181.2,1820-1830 Turnpike Street Map 106D, Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 70 Tower Office Park Woburn, MA 01801 Scale: 19'=2W Plan Date: 7/9/07 Sheets: T001, A200 - A204, A401- A403 c) Plans titled: Landscape & Lighting Plan 1820 -1830 Turnpike Street North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Huntress Associates, Inc. 17 Tewksbury Street Andover, MA 01810 Scale: 1 "=40' Plan Date: May 23, 2007, Revised 6/12/07, 6/21/07, 7/10/07 Sheets: 2 d) Report titled: Traffic Impact & Access Study Proposed Commercial Development Project North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Dermot J. Kelly Associates Inc. 280 Main Street, Suite 204 North Reading, MA 01864 Date: November 16, 2006, Revised 5/10/07. e) Report titled: Stormwater Management Report 1820-1830 Turnpike Street North Andover, MA Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Eastern Land Survey Associates, Inc. 104 Lowell Street Peabody, MA 01960 Date: October 2006, Revised May 2007 APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of this Decision by bringing an action within twenty (20) days after the Decision has been filed in the Office of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A. cc: Applicant Building Department E 1812,1820-1830 Turnpike Street Map 1061), Parcels 46 and 47 Site Plan Review Special Permit August 7, 2007 Conservation Department Fire Department 10 r �df%F�i 4 AND MASSACh USE t C f MpRrH DECrEIj�yV/EtiD Town of North Andover F, , ? rr d �;I `3 C w 171 C!' Office of the Planning Department01 AUG , ' fra Division of Community Development _� POZ "S CD �� 1600 Osgood Street T 0 1#' !110 North Andover, Massachusetts 01845 UORT14 Al DOV i� MASSAC14USE T S Any appeal shalt be filed within (20) days atter the date of ailing this notice in the office of the Town Clerk NOTICE OF DECISION Bldg. ZBA Con/Com Health Fire Chief Police Chief Town Clerk DPW/Engineers Date: August 8, 2007 Date of Hearing: July 17, 2007 Date of Decision: August 7, 2007 Petition of: GFM General Contracting Corporation, 325 North Main Street, No. 15B, Middleton, MA, 01949 Premises Affected: P2,1820-1830 Turnpike Street, North Andover, MA 01845. Referring to the above petition for a Site Plan Special Permit from the requirements of the North Andover Zoning Bylaw,—Sections-2.30' 1--and-I-O 3: _ . - So as to allow: the construction of a shared driveway access located on the premises known as 1812 Turnpike Street, shown on Assessor's Map I06D, Parcel 46 & 47 which shall service both 1812 Turnpike Street and 1820-1830 Turnpike Street in connection with the proposed retail/office building to be constructed on 1820- 1830 Turnpike Street. After a public hearing given on the above date, the Planning Board voted to APPROVE A COMMON DRIVEWAY SPECIAL PERMIT based upon the following conditions: n North Andover Planning Board Richard Nardella, Chairman John Simons, Vice Chairman Richard Rowen, regular member Jennifer Kusek, regular member Timothy Seibert, alternate member 1812,1820-1830 Turnpike Street, Map 106D, Parcels, 46 & 47 Special Permit Approval — Common Driveway August 7, 2007 2001 AUG -9 PM 4• U2 Upon a motion by John Simons and 2na by Jennifer Kusek, the Planning Board herein o fed a Special Permit to construct a shared driveway servicing both 1812 Turnpike Street and 1 I Street in connection with the proposed retail/office building to be constructed on e Street. The shared driveway access is located in the General Business Zoning District and is located on real property shown on the North Andover Assessors Maps as Map 106D, Parcels 46, 1812, Turnpike Street with frontage on Turnpike Street and Berry Street. The Special Permit was requested by the GFM General Contracting Corporation, 325 Main Street, No. 15B, Middleton MA 01949. This application was filed with the Planning Board on June 14, 2007. The Applicant submitted a complete application which was noticed and reviewed in accordance with Sections 2.30.1 and 10.3 -of the Town of North Andover Zoning Bylaw. Finding -of Fact: 1. The application adheres to the bylaw restriction that no more than two (2) lots be serviced by each common drive. 2. The design and location will not adversely affect the neighborhood. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. 4. The purpose and intent of the regulations contained in the Zoning Bylaw are met with the Special Permit application before us. 5. Adequate standards have been placed on the design, which will meet public health and safety concerns. 6. The specific location of the common driveway is appropriate due to the improve access/egress, internal vehicular and pedestrian movements, and reduce the number of curb cuts on Berry Street. Special Conditions: 1. This decision must be filed with the North Essex Registry of Deeds. Included as a part of this decision are the following plans: a. Plans titled: Site Development Permit Plan For GFM General Contracting Corporation 1820 —1830 Turnpike Street in North Andover, Massachusetts Prepared For: GFM General Contracting Corporation 325 N. Main Street, #15B Middleton, MA 01949 Prepared by: Eastern Land Survey Associates, Inc. 104 Lowell Street Peabody, MA 01960 Scale: 199=201 Plan Date: October 21, 2007, Revised 5/7/07, 5/30/07, 6/21/07, 7/9/07 2 Y 1812, 1820-1830 Turnpike Street, Map 106D, Parcels, 46 & 47 Special Permit Approval — Common Driveway August 7, 2007 b. Easements pertaining to the rights of access for and agreements pertaining to the maintenance of the driveway shall be presented to the Town Planner to review. When the Town Planner deems the easement adequate, a copy must be recorded with the Registry of Deeds and a certified copy of the recorded document filed with the Planning Office. 2. Any changes made to these plans must be approved by the Town Planner. Any changes deemed substantial by the Town Planner would require a public hearing and a modification by the Planning Board. 3. Prior to any site disturbance: a. The location of the driveway must be marked in the field and reviewed by the Town Planner. b. All erosion control devices must be in place as shown on the plan. c. The decision of the Planning Board must be recorded at the North Essex Registry of Deeds and a certified copy of the recorded decision must be submitted to the Planning Office. d. Tree clearing (if applicable) must be kept to a minimum. The area to be cleared must be marked in the field and reviewed by the Town Planner. e. A performance guarantee of two thousand ($2,000) in the form of a check made out to the Town of North Andover must be in place in accordance with the plans and the conditions of this decision and to ensure that the as -built plans will be submitted. f. A construction phasing plan and emergency response plan are must be provided to the Town Planner. 4. Prior to FORM U verification: a. This site shall have received all necessary permits and approvals from the North Andover Board of Health, Conservation Commission and the Department of Public Works. 5. Prior to Certificate of Occupancy issuance: a. The proposed retail/office building to be constructed on 1820-1830 Turnpike Street shall have a commercial fire sprinkler system installed as required by the North Andover Fire Department. 6. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 7. Gas, telephone, cable, and electric utilities shall be installed as specified by the respective utility companies. 8. No open burning shall be done except as is permitted during the burning season under the Fire Department regulations. 9. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 10. 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. 3 1812,1820-1830 Turnpike Street, Map 106D, Parcels, 46 & 47 Special Permit Approval — Common Driveway August 7, 2007 T0'AT i'4 Ci, FRWS )FFICF 11. This permit shall be deemed to have lapsed after a two (2) year period frqqgas�t2 n ch the Special Permit was granted unless substantial use or construction has�ce� �` 02' cc. Conservation Administrator Director of Public Works Health Administrator Building Inspector Police Chief Fire Chief Assessor Applicant Engineer File 4 TO WN, Vii, NORTH AND.GVEEi MASSACHUSET1S 30a PUBLIC HEARING NOTICE NORTH ANDOVER PLANNING BOARD For publication Tuesday January 16, & 23, 2007. In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North Andover Planning Board will hold a public hearing as follows: Purpose of Public Hearing: Application for Site Plan Review Special Permit under Section 8.3 (2)(a)( i ) & 10.3 of the North Andover Zoning Bylaw to permit the construction of a two story retail office use of 25,909 s.f. +/= with associated parking & landscaping within the General Business zoning district Applicant/Petitioner: GFM General Contracting, Group 325 North Main Street, #15B, Middleton, MA 01949 Owner: Jean Paul R. Proulx 1812 Turnpike Street, North Andover, MA 01845 Address of Premises Affected; 1812,1820-1830 Turnpike Street Assessors Map and Lot: Map 106D Lot 46 & 47 Public Hearing Date & Time: Tuesday, February 6, 2007@ 7:00 pm Location of Public Hearing: North Andover Town Hall, 120 Main Street, 2 floor conference room. Any person interested or wishing to be heard on the proposed plan should appear at the time and place designated above. UA Q�` r V 2 p a;c7 m� aQ mtm�$o mc3 d «v c g 2 I c' So :.2, .mCCrnp. C-- C C C 1 N. �' `m 7 a t6 G ¢Z yao Nm�. ao—�o, 000mFii,oco�m o�Z� eco pm mn=v°ic ibELm m o tQdpm• N oN�o—c m acv E��s u eco mL€om c"' —yy.. co £2 omi9• QQo rn °c pp ao od,c o mmy o pp N ° 0— W OO rL� yL1 m co OHQ GN s•J O�•QG Lt c E O ( °d.v c c 3 rnm a N•- > E'm W m aci coag mNt dap O =�^ oLN $ '� m n`ipU CH°,Qi,¢a c ud�°tsv° of C7 of m rim�'•�t p�'� �o = a�'il� c c .. °a 4 w i cvc �'c $ =� c ei c 3 mQ ° n °n3Z—a o. Z �mS rom�o� Qo'c=mo'�� 'Z wvE �F-o" mcEELLrn c m Ecom=°c`��. °o3c oaC7 m xa«� a..o.� =N J $.�� c.a Zoo �:oL _ _ N44 C � j— m t>� mN 1 CC p �p y = 1tl m.�c mc'O6 dN^O's�,� +1 r- LL'C71 f0m ��O��O i.: EtO.J'C C~ q� r a £U£ c'n =ma _z V; vin c 0 'a ammQQ it, ,p{.� 2 := m `o£ m n BOARD 0 - _ 8UILDING DEPARTMENT Community Development Division MEMO TO: Brian J. Vaughan, sq. FROM: Gerald A. Brown, DATE: 1 August 29, 2006 SUBJECT: 1812 Turnpike Street Robert Nicetta, Building Commissioner, provided Heidi Griffin, Director of Community Development with his analysis of the proposed renovations to 1812 Turnpike Street dated Navember 6, 2001. His fourth paragraph refers to ..." Adjacent to residential district, an additional 15 foot side or rear setback shall be required. The first 15 feet ofthe total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon". The plan does not indicate compliance with this buffer requirement at the rear lot line." The re -zoning of Maps 106.D & 1073, Parcel 33 from Village Residential to Residential 3 does not change the requirement for "abutting the residential district". The last Building permit issued to 1812 Turnpike Street is dated June 8, 1999. No petitions (2001 to date) for 1812 Turnpike Street have been filed at the Zoning Board of Appeals. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9541 fax 978.688.9542 Web www.townofoorthandover.com .��y r Town of North Andover Office of the Building Department �? •''` ' ''j' Community Development and Services Division 27 Charles street '� s`�,.._a:. •ate+ f North Andover, Massachusetts 01845 D. Robert-Nicetta Telephone (978) 688-9545 Building Commissioner Fax (978) 688-9542 MEMORANDUM�� To: Heidi Griffin, Director CD&S n NOV a From: Robert Nicetta; Building Commissioner V'Y1 ���i PLA�NNNINQ /1N Af TME Date: November 6, 2001 � AQP NT Re: Office/Retail Development, 1812 Turnpike Street I have reviewed the plans for the proposed development at the referred location and have the following comments. Pursuant to the Zoning By-law the front setback along Route. 114 Shall be a minimum of 100 feet. The setback on Drawing C-2 is 93 feet as the building footprint indicates a building overhang of 8 feet over the foundation. A petition for avariance must be submitted to the Zoning Board of Appeals (ZBA). The plan shows varying driveway widths from 18 feet to 24 feet. The Zoning By --law requires unobstructed driveways not less than 25 feet wide. A ZBA variance -is required Foot Note —1, Paragraph - 2 reads in part "Adjacent to residential districts, an additional 15 foot side or rear set back shall be required The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped,. unbuilt upon, unpaved and not. parked upon". The plan does not indicate compliance with this buffer requirement at the rear lot line. No elevation or floor plans: have been submitted to the Zoning.Enforcement Officer. It is impossible, at this time, to determine if the building height requirement has been met. Without floor plans of the building indicating the type and square footage of retail and office space/use, it is not possible to determine the number of required parking spaces. The Pylon Sign as shown on Drawing C-2, is to be referred for sign by-law compliance to the Building Commissioner/Zoning Enforcement Officer for permitting It is important that the petitioner not be allowed to pile snow in what appears to be an inadequate parking area D. NEAUcG 2 � o PEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 6889535 BOARD OF APPI E -Al c From: Daley, Lincoln Sent: Monday, August 28, 2006 3:30 PM To: Brown, Gerald Cc: McKay, Alison; Glennon, Michel; Ippolito, Mary; Leathe, Brian Subject: FW: 1812 Turnpike Street Gerry: I think we should meet to discuss this a little more in depth. Are you free tomorrow afternoon? Can you ask Mich what info. exists for this site (building & zoning files) and to see if any special permits or variances were granted by the ZBA? I told John Smolak that we would get back to him by Wednesday with some information. Site History - The Site Plan Special Permit granted by the Planning Board expired last year (ConComm Order of Conditions???). As such, any project on the site would require a new application before Planning (and most likely ConCom). The previously approved project is similar to the one being proposed. Of most concern with the proposed project would be the zoning interpretation of setbacks and certain provisions of the Zoning Bylaw (see John Smolak's email below). Due diligence is needed to see how our predecessors interpreted the bylaw and then make the determination if this project is feasible. I will check our files to see what turns up. Lincoln Town of North Andover Office of the Planning Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 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 Telephone (978) 688-9535 Fax(978)688-9542 N O (_ 0 o =goo ri -i m C_j O �rp> omom D o;0cno -P 7 W Date: December 20, 2001 r' Date of Hearing: November 13, 2001, December 4, 2001 & December 1.8, 2001 Petition of: Jean Paul Proulx 1812 Turnpike Street, North Andover, MA 01845 Premises Affected: 1812 Turnpike Street North Andover, MA 0.1845 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 two-story clapboard and wood/metal frame office/retail building in the General Business 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: hn eons, Chairman berto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz BOARD OF AP 688-9541 BUILDING 688-9545 CONSERVATION 688-9530. HEALTH 688-9540 PLANNING 688-9535 AUG u 9 2006 ' P0ARD OF APPEALS Site Plan Review - Special Permit 1812 Turnpike Street The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2 -story clapboard and wood/metal frame 20,250 square foot office and retail building located within the General Business Zoning District. This Special Permit was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845. This application was filed with the Planning Board on October 12, 2001. 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 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 General Business Zone and involves the construction of a permitted use within the General Business Zone. The North Andover Zoning By -Law Section 4.131, allows retail establishment and office use within the General Business Zoning District. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The first 15 feet of the total setback abutting the residential district shall remain open and green and suitably landscaped, this has been provided along the rear lot line. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways are adequate. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Coler & Colantonio. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition #21. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 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: This approval is based on the fact that a restaurant will not be included in the development. This restriction is required due to the fact that the parking ratio is greater than that for office and retail. Presently, 10,000 SF of Retail and 10,000 SF of office require 83 parking spaces, the proposed plan provides parking for 83 spaces. If the development chooses to include a restaurant(s), a site plan review special permit must be applied for from the Planning Board. 2. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3. 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 area of non-compliance, if any, and actions taken to resolve these issues. 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 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, 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. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 5. Prior to the start of construction: a) During construction, the site must be kept clean and. swept regularly. 2 b) 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. c) The Town Planner must be contacted and review the site 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. 6. Prior to FORM V verification (Building Permit Issuance): 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 Planning Board recognizes that the applicant may want to construct the building with the addition of columns and eaves as depicted on plans titled Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet A-3.1 the Planning Board supports the addition of the columns and eaves. To construct the additions the applicant must obtain a variance from the Zoning Board of Appeals allowing a reduction to the 100 -foot setback requirement. A recorded copy of the Zoning Board of Appeals decision certifying the variance has been granted must be provided to the Planning Department. d) The applicant 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. e) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 7. Prior to verification of the Certificate of Occupancy: 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. 3 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 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. 8. 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. 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. 9. 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 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. 10. 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. No mechanical devices (i.e. HVAC, vents, etc..) which may be visible from any surrounding roadways shall be placed on the roof. 4 11. The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 15. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. 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. 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. 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. 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. 20. 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. 21. A waiver to Section 8.3.5.e.v of the North Andover Zoning Bylaw requiring topography: contour intervals depicted at two (2') intervals is GRANTED due to the fact that a one foot contour interval was chosen to properly illustrate the drainage characteristics of a relatively flat site. 22. This Special Permit approval shall be deemed to have lapsed after December 20, 2003 (two years from the date permit granted) unless substantial use or 5 construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 23. The following information shall be deemed part of the decision: Plan Titled: Office/Retail Development Prepared For: Jean P Proulx 1812 Turnpike Street, North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888 Scale: I"=20' Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 & 12/04/01 Plan Titled: Paul Proulx Office/Retail Building Prepared By: Mulvanny Architects 11820 Norhup Way, Bellevue, WA 98005 Scale: 1/8"=1'-0" Date: November 19, 1999 Report Titled: Drainage Calculations Dated: October 12, 2001 Prepared For: Jean P. Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Report Titled: Fiscal and Community Impact Report Prepared for: Paul Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared by: Elmer A Pease PD Associates, LLC Real Estate Consultants 1600 Candia Road Suite #7 Manchester, NH 03109 cc: Applicant Engineer File 9 adjacent - definition of adjacent by the Free Online Dictionary, Thesaurus and Encyclope... Page 2 of 3 Adj.1. adjacent - nearest in space or position; immediately adjoining without intervening space; "had adjacent rooms"; "in the next room"; "the person sitting next to me"; "our rooms were side by side" next, side by side gi,gse - at or within a short distance in space or time or having elements near each other; "close to noon"; "how close are we to town?"; "a close formation of ships" 2. adjacent - having a common boundary or edge; touching; "abutting lots"; "adjoining rooms"; "Rhode Island has two bordering states; Massachusetts and Conncecticut"; "the side of Germany conterminous with France'; "Utah i and the contiguous state of Idaho"; "neighboring cities" abusing, adjc inng, pggt_errgir out, neighlaerin , contiguous ne ted. -joined or linked together 3. adjacent - near or close to but not necessariTHt touching; "lands adjacent to the mountains"; "New York and adjacent cities" sear, cfas - not far distant in time or space or degree or circumstances; "near neighbors'; "in the near future'; "they are near equals"; "his nearest8pproach to success"; "a very near thing"; "a near hit by the bomb"; "she was near tears'; "she was.close to tears'; "had a close call" Discounted Hotels In USA Discounted Hotels in all cities in USA. Book online and save. Beautiful Embassv_Sui_tes Alpharetta award -ginning hotel with luxurious suites & many amenities C Caws Hotels Fmd Top Hotel Offers In Dallas Book A Hotel That Meets �our,Needs abducent class.-ls€�4; "My sister," said an adjacent Man of God, solemnly, a-dducent, 'you cannot stop the wicked from going to Chicago ad ce _ s g e gpegmep by killing them. d�Qis €n fire ad rpt famous = Fantastk-,Fabees by ftinee,Ambrose Vieiq int aMP[ IaCauS strrl<E ca_ Kq --Rt GQRtes:t Wandering, however, down a certain adjacent ire`'-°-eera�sa-ai a�reriap `et€ 'Angel Court, leading to Bermondsey', I came to interest circuiaF function s frit tEZef c detonation L i fie ©omit by Pkc[Le s Charles \kWrr,_era_ continentai United Texarkana coni ent Mates_ tciaqjoTptric_function However, hat and coat and overshoes were one by c rtour inteaReE Gua _u s�aG one removed, and hung up in a little space in an aoardaa011c mint adjacent corner; when, arrayed irr a decent suit, he quietly approached the pulpit. fKoby Q�qk ! _k1 by E'i�eIvii fe,_l44man V1(zw in F6 0 PC AdleandaGks Adj adiL charfnef ❑ &gjRCeRfi_ d_if a chance_ �� �4diacer?t ac j_ Channel Couoied http://www.thefreedicfionary.com/adjacent 8/29/2006 0 +V 1 r �er `� °'S� �-` 16,'' I adherent administer 'p (Donne). 3. To follow closely; carry out without deviation. ad-journ (a-jOrn') v.-joumed.-journing,-joums. -fr. To sus-! 1. To suspend proceedi Used with to: adhere to a plan. [Latin adhaerire, to stick to : toward + haerire, to stick (see ghats- in Appendix').] pend until a later stated time. -intr. ings to another time or place. 2. jnformkl. To move from one 1. ad, -ad•hei'ence n. ad•her•ent (Ad-hir'ant) adJ. 1. Sticking or holding fast. 2. Bat. place to another: We adjourned to the living room. [Middled English Mournen, from Old French Mourner, "to put off to an' to, from Latin ad- + /our, day, from Late any. Growing or fused together; adnate. -n. A supporter, as of a cause or individual: "Rip's sole domestic adherent was his appointed day" : a-, Latin diurnum, day, from diurnus, daily, from dies, day (seet dog Wolf' (Washington Irving).-ad•herent•ly adv, deiw- in Appendix*).] -ad•joum'ment n. " ad•he•sion (Ad n. 1. The act or state of adhering. 2. Attachment or devotion, as to a cause or individual; loyalty. adjt. adjutant. adjudge (o-jiij') tr.v. -judged, -judging, -judges. 1. To determine! 3. Assent or agreement, especially to join as a supporter. 4. The attraction or joining of two substances, especially the or decide by judicial procedure; adjudicate. 2. To order Judi-', cially; rule. 3. To award (costs or damages, for example) by i physical macroscopically observable attraction of dissimilar substances. h [Latin adhaesio, from adhaerire, ADHERE.] Compare i law. 4. To regard, consider, or deem. [Middle English Mugen,, from Old French iajuger, from Latin adjudiedre, ADIUDICATE.]a cohesion. ad-he-sive a (hesion. , -zl adj. 1. Tending adhere; sticky. An such ad•ju•di•cate (a-joo'dI-kit') rr.v.-cated,-cating,-cates. To hear and settle (a case) by judicial procedure. [Latin ad>udicnre, to i 2. Gummed so as to adhere. -n. adhesive substance, as paste or cement.-adadv.-adn. award to (judicially) : ad-, to + Judicdre, to be a judge, from; (see in Appendix').]-adn:: adhesive tape. A tape lined on one side with an adhesive. ad hoc (Ad h6k'). Latin. With respect to this (particular thing); judex, a judge yewo-c -ad•ju'di•ea'tive ad/.-ad•jddi•ce'tor (-kA'tar) n. tol 14 " for a specific .purpose, case, or situation. (Latin, "toward adjunct (Aj'drigkt') n. Abbr. adj. 1. Something attached another thing but in a dependent or subordinate position. 2.,K,. this.") ad ho-mi-nem (Ad h6m'l-n2'.m). Latin. To the man; appealing to interests, prejudices, or emotions rather than to person associated with another in some duty or service in a, subordinate or auxiliary capacity; helper; assistant. 3. A word personal reason: an argument ad hominem. or words added in order to clarify, qualify, or modify other: a thing. -See ad•i•a•bat•ie (Ad'e-rbAt'lk, i'di-o-) adJ. Physics. Of, pertaining to, or designating a reversible thermodynamic process executed words. 4. Logic. A nonessential attribute of Synonyms at appendage. -adJ. 1. Added or connected in a at constant entropy; loosely, occurring without gain or loss of subordinate or auxiliary capacity: an adjunct clause. 2. At- :' ,... t• `, heat. [Greek adiabatos, "impassable (to heat)" a-, not + lathed to a faculty or staff in a temporary or auxiliary capac- participle ity. [Latin adjunctum, from adjunctuspast of ad diabatos, passable, from diabainein, to go through : dia, through + bainein, to go (see gwii- in Appendix').]-ad'i•a•bael-cal•ly , junggre, ADJOIN.]-ad•june'tion n.-ad•Jundtive adJ. adv ad•'u•ra•tion (AJ'oo-ri'shan) n. An earnest or solemn appeal: "t�e of a dying friend" (De Quincey). adieu (o-dyoo', a doo'; French a-dyee') interj. Good-by; fare- well. -n., pl. adieus or French adieux (a-dyoel). A farewell., tenderest adjurations -ad•jura•to'ry (-a-tbr'ii, -thea) adJ. (Middle English, from Old French, from a dieu, "(I commend from Latin + dieu, God, from Latin ad-Jure (a-jobs') tr.v.-jured,-juring,-Jures. 1. To command or er0oin solemnly, as under oath or penalty: 'and ad /uring her in +lice i you) to God" : a, to, ad deus, god (see deiw- in Appendix').] the name of God to declare the truth" (Increase Mather). 2. To A•di•ge (i'de-ji). The second-longest river in Italy, rising in the . flowing southeast 225 miles to the Adriatic at the appeal to or entreat earnestly. [Middle English adjuren, from Latin adjurdre, to swear to : ad-, to + Jurdre, to swear .(see north and Gulf of Venice. yewo-I in Appendix').1-ad•jur'er, ad•Ju'ror (o-joor'ar) n. 1. To change so ' ad in•fi•ni•tum (Ad In'fo-ni'tam). Abbr. ad inf. Latin. To infinity; adjust (a-jilst') v.-justed, -justing, -justs. -fr. as to match or fit; make correspond. 2. To bring into proper without end; limitless. ad in•ter•im (Ad Into-rim). Abbr. ad int. Latin. In the meantime; relationship; harmonize; settle. 3. To adapt or conform, as to new conditions. Often used reflexively: "unable to adjust thein- meanwhile. a•di•os (i'de-os', Ad'e os') inlerJ. Spanish. Good-by; farewell. selves to their environment" (Karl A. Menninger). 4. To make by regulation. 6. Insurance. To decide how much is.to [Spanish adios, translation of French adieu, ADIEU.] ad•i•pose (Ad'o-p&) adj. Of or related to animal fat; fatty. accurate bue paid (on a claim). S. To correct (the range and direction of.i i' -n. The fat found in adipose tissue. [New Latin adiposur, from Latin adepst (stem adip-), fat.]-ad'i•pose'ness, ad'i•pos'- gun) in tiring. -inti. To adapt oneself; become suited or fit; conform. [Obsolete French adjuster, from Old French Mostei; i•ty (-p6s'a-tb) n. from Vulgar Latin adjuxtbre (unattested), to put close to : Latin j A ,I adipose fin. An additional dorsal fin in certain fishes, such as the salmon, consisting mostly of fatty tissue and usually without ad-, near to +juxta, close by, near (see yeug- in Appendix*).] -ad•jusee-ble adJ.-ad•juat'a•bly adv.-ad•just'er, ad•jus'tob �]dti supporting rays. adipose tissue. Connective tissue in the body that contains (-tar) n.-ad•jus'tive adj. ad•just•ment (a-jiist'mant) n. 1. The act of making fit or con• for r i ;! stored cellular fat. Ad•i•ron•dack Mountains (Ad'o-r6n1dU'). A section of the formable. 2. A condition of adaptation. 3. A means ad- justing. 4..Abbr. adj. The settlement of a debt or claim. Appalachian system in northeastern New York State. Highest ad•ju•tant (1(n'oo-tant) n. 1. Abbr. adj., adjt. Military. A stafl elevation, Mount Marcy (5,344 feet). Also called "Adiron- officer who helps a commanding officer with administrative 3. A the marabou (see). [Latin dacks." ad-it (Ad'it) n. An almost horizontal entrance to a mine. [Lat- affairs. 2. An assistaht. stork, adjutdns, present participle of adjutare, to assist, AID.] -ad'ju in aditus, access, from the past participle of adire, to approach : tan•cy, ad'ju•tant•ship' n. Cad-, toward + Ire, to go (see el-I in Appendix').] adj, 1. adjacent. 2. adjective. 3. adjourned. 4. adjunct. 6. ad- adjutant general pl. adjutants general. Abbr. AG, A.G. 1. Add jutant of a unit having a general staff. 2. An officer in charge o, ^' Ijustment. 6. adjutant. the National Guard of one of the states of the United States �1 a fla•cen•cy (a-ji'son-so) n., pl. -cies. 1. The state of being 3. Capital A. capital G. Abbr. TAG The chief administrativi a major of the U.S. Army. Preceded by thi �;• B adjacent; contiguity. 2. A thing that is adjacent. ad•ja•cent (a-jii'sont) adJ. Abbr. adj. Close to; next to; lying officer, general, adjutant stork. The marabou (see). near; adjoining. [Middle English, from Latin adjacins, present participle of adfacire, to lie near : ad-, near to + Jacire, to lie, Adler (id'lor), Alfred. 1870-1937. Austrian psychiatrist. Adler (Ad'lar), Felix. 1851-1933. American. educator and re ` be thrown down," intransitive of jacere, to lay, throw (see yi- former; founder of the Society for Ethical Culture. Adler (Ad'lor), Mortimer Jerome. Born1902. American edu n ! " p A in Appendix').]-ad•ja'cent•ly adv. adjacent angle. Either of two angles having a common side adjacent angle and a common vertex and lying on opposite sides of the BOC calor and philosopher. y Ad•le-ri•an psychology (Ad-]fr'o-an). A psycholo*ical school o doctrine holding that behavior arises in subconscious efforts ti i AOB and are common side. adjacent angles ad•jec•ti•val (6j'lk-ti'val) adj. Of, pertaining to, or functioning compensate for inferiority or deficiency and that neurosis re n - as an adjective.-ad'Jec•ti'val•ly adv. ad•jec•tive (6j!Ik-tiv) n. Abbr. adj., a. 1. Grammar. Any of a suits from overcompensation. [After Alfred ADI ER.] ad Iib (Ad Iib'). In an unrestrained manner; freely; spontane `:•, class of words used to modify a noun or other substantive by ously. See Synonyms at extemporaneous. , Ti :. limiting, qualifying, or specifying. 2. Linguistics. Any of a form class distinguished in English morphologically by one of several ad-lib (Ad-llb') v. -fibbed,-libbing, •libs. Informal. -fr. improvise and deliver extemporaneously. -intr. To improvis Words, d suffixes, such as -able, -ous, -er, and -est, or syntactically by a speech, lines, or the like; extemporize. -n. music, o F try Ij1 position in a phrase or sentence, such as brick in a brick house. actions ad-fibbed. -adJ. Spoken or performed spontaneous } Brick becomes an adjective because it is between a and house; ly. [Shortened from AD LIBITUM.] -ad-libber n. nr ": any word placed between these two would necessarily be an ad lib•i•tum (Ad lib'a-tam). Abbr. ad Iib., ad libit. Music. Pei direction. Compare • 1- adjective. 3. A dependent or subordinate. -adj. 1. Pertaining formed with freedom. Used as a obbligato "to to or acting as an adjective; adjectival. 2. Dependent; sub- ordinate. 3. Law. Procedural. 4. Requiring the use of a mor- [Latin, the desire."] ad loc. to (or at) the place (Latin ad locum). dant: adjective dyes. [Middle English, from Old French ad- adni. administrative; administrator. jectif,from Latin adjectivus, "attributive," from adjectus, "at- tributed," added, from adjicere, to throw to, add : ad-, to + Adm. admiral; admiralty. ad-man (Ad'mAn') n., pl. -men (-min'). Informal. A man em «,- jacere, to throw (see ye- in Appendix').]-ad'jec•tive ly adv. adjective pronoun. Grammar. A pronoun acting as an adjec- ployed in the advertising business. ad-meas-urs (Ad-mL'zh'ar) tr.v. -urea, -using, -urea. To divid tive; for example, which in which dictionaries? or himself in he and distribute proportionally; apportion. [Middle Engfis ' himself said so. adjoin (a-join') Y. -joined, -joining, -joins. -fr. 1. To be next amesuren, from Old French amesurer,.to measure out to : a, tc from Latin ad- + mesurer, to MEASURE.]-ad•mess'ure•menti "• ' to; be contiguous to. 2. To attach to; unite. Used with to. -intr. To be contiguous. [Middle English adjoinen, from Old -ad•meadur•er n. Ad•me•tus (Ad-mE'tas). Greek Mythology. A king of Thessal French gjoindre, from Latin adjungere, to join to : ad-, to + and husband of Alcestis. �,• jungere, to join (see yeug- in Appendix*).] ad-join-ing (o-joi'ning) adj. Neighboring; contiguous; next to. admin. administration; administrator. ; ad-min-is-ter (Ad-mIn'Is-tar) v. -tered, -tering, -tem. -fr. 1. T ry.a: . I "•,r A pat/i pay/Ar cavi/i father/b bib/ch church/d deed/L' pet/b be/f fife/g gag/h hat/hw which/i pit/i pie/fr pier/j judge/k kick/f Iii f needle/m mum/n no, sudden/ng thing/3 pot/6 toe/6 paw, for/oi noise/ou out/66 took/oo boot/p'pop/r roar/s sauce/sh ship, disk adjacent - definition of adjacent by the Free Online Dictionary, Thesaurus and Encyclope... Page 1 of 3 def as homes g�ae , ' a.dc� fo fa�arites . ' jaFn_rry r; TheFreeDictionary r Google adjacent Search re Word / Article r Starts with r Ends with r Text C.) Leen[ I Fblzni ciz[ o [d�oFri: Columb& o Wiltipedia [AcVa n .ryi Computing d`ocCoo��e�� d[cCi®MT dk;Vonarya Acronyrr.s encyc[opad�a encyclopes UTC zvr�m dictionary adjacent Also found in: Cpn?pq#ng., Acroilyms,14rik��d�a 0.02 sec. G y___-- s f Sites M�; ;,s, r �c Y€� Page Ccol -_ Book a room from our official website Printer Mendl Cite / linin Kcrotei Inn -Dal as/Piano Ernai� Free brkfstllntemet/long distance From only $49.95/day - 972-248-7045 p^eeabac€: _ ee_St�tEzesis_ . €.Q/bp Leader in Gene Synthesis. Fast Turnaround. Free Codon Optimization a fla-cent < (eta sant) p � is„�nTEu�; 1. Close to; lying near qr`,i01 2. Next to; adjoining: a i 'ca gaf-c n plofs, [ [Middle English, from Latin adiac�ns, adiace nt-, present participle of adiaci re, to lie near: ad-, ad+ iacEre, to lie; see ye-- in Indo-European roots.] - - Get -a � shirf of"ad.l�cert�,. ad-jarcent-ly adv. The American Heritage® Dictionary of the English Language, Fourth Edition copyright ©2000 by Houghton Mifflin Company. Updated in 2003. Published by Houghton Mifflin Company. All rights reserved. Legend: Synonyms ,',Related Words Antonyms http://www.thefreedictionary-com/adjacent 8/29/2006 C a C co N CD 0 0 CD N N N N N N N N N 0 0 0 0 0 00 0 0 <<MX;1Z1 A ;a 0 0) L+ A W � --& 0 A O a: O N N N N N N N N N N O O 000000600:0) 65 W N G)a) cD W a) a) 406 O M o FLv Town of North Andover f gORT►� Office of the Planning Department o?°��� Community Development and Services Division 27 Charles Street " -.1. o ,r North Andover, Massachusetts 01845 'rSAUSE% Telephone (978) 688-9535 Fax (978)688-9542 Petition of: Jean Paul Proulx 1812 Turnpike Street, North Andover, MA 01845 Premises Affected: 1812 Turnpike Street North Andover, MA 01845 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 two-story clapboard and wood/metal frame office/retail building in the General Business 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: � hn Shifons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 N Notice Of Decision o w Any appeal shall be filed o cj —' Within (20) days after the `") M. - 2-'C Date of filing this Notice ' - C-) FEj -' In the Office of the Town D rte` o 0 Clerk � v � � w Date: December 20, 2001 N Date of Hearing: November 13, 2001, December 4, 2001 & December 18, 2001 Petition of: Jean Paul Proulx 1812 Turnpike Street, North Andover, MA 01845 Premises Affected: 1812 Turnpike Street North Andover, MA 01845 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 two-story clapboard and wood/metal frame office/retail building in the General Business 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: � hn Shifons, Chairman Alberto Angles, Vice Chairman Richard Nardella, Clerk Richard Rowen Felipe Schwarz BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Site Plan Review - Special Permit 1812 Turnpike Street The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2 -story clapboard and wood/metal frame 20,250 square foot office and retail building located within the General Business Zoning District. This Special Permit was requested by Jean Paul Proulx 1812 Turnpike Street North Andover, MA 01845. This application was filed with the Planning Board on October 12, 2001. 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 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 General Business Zone and involves the construction of a permitted use within the General Business Zone. The North Andover Zoning By -Law Section 4.131, allows retail establishment and office use within the General Business Zoning District. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. The first 15 feet of the total setback abutting the residential district shall remain open and green and suitably landscaped, this has been provided along the rear lot line. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant has demonstrated that the curb radii for the entrance/egress driveways are adequate. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, Coler & Colantonio. 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw except for the waiver granted in Condition #21. 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. 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. This approval is based on the fact that a restaurant will not be included in the development. This restriction is required due to the fact that the parking ratio is greater than that for office and retail. Presently, 10,000 SF of Retail and 10,000 SF of office require 83 parking spaces, the proposed plan provides parking for 83 spaces. If the development chooses to include a restaurant(s), a site plan review special permit must be applied for from the Planning Board. 2. The developer shall designate an independent Environmental Monitor who shall be chosen in consultation with the Planning and Community Development Staff. The Environmental Monitor must be available upon four (4) hours notice to inspect the site with the Planning Board designated official. 3. 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 area of non-compliance, if any, and actions taken to resolve these issues. 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 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, 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. c) Deeds and easements relative to the project must be supplied to the Planning Staff. 5. Prior to the start of construction: a) During construction, the site must be kept clean and swept regularly. 2 b) 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. c) The Town Planner must be contacted and review the site 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. 6. Prior to FORM U verification (Building Permit Issuance): 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 Planning Board recognizes that the applicant may want to construct the building with the addition of columns and eaves as depicted on plans titled Paul Proulx Retail/Office Building Elevations dated November 19, 1999 sheet A-3.1 the Planning Board supports the addition of the columns and eaves. To construct the additions the applicant must obtain a variance from the Zoning Board of Appeals allowing a reduction to the 100 -foot setback requirement. A recorded copy of the Zoning Board of Appeals decision certifying the variance has been granted must be provided to the Planning Department. d) The applicant 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. e) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. 7. Prior to verification of the Certificate of Occupancy: 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. 3 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 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. 8. 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. 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. 9. 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 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. 10. 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. No mechanical devices (i.e. HVAC, vents, etc..) which may be visible from any surrounding roadways shall be placed on the roof. I 11. The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday. 12. 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. 13. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 14. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 15. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 16. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. 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. 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. 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. 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. 20. 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. 21. A waiver to Section 8.3.5.e.v of the North Andover Zoning Bylaw requiring topography: contour intervals depicted at two (2') intervals is GRANTED due to the fact that a one foot contour interval was chosen to properly illustrate the drainage characteristics of a relatively flat site. 22. This Special Permit approval shall be deemed to have lapsed after December 20, 2003 (two years from the date permit granted) unless substantial use or 5 construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. 23. The following information shall be deemed part of the decision: Plan Titled: Office/Retail Development Prepared For: Jean P Proulx 1812 Turnpike Street, North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888 Scale: I"=20' Date: 12/23/99 revised 1/07/00, 1/07/00, 8/09/00, 3/30/01, 11/13/01 & 12/04/01 Plan Titled: Paul Proulx Office/Retail Building Prepared By: Mulvanny Architects 11820 Norhup Way, Bellevue, WA 98005 Scale: 1/8"=1'-0" Date: November 19, 1999 Report Titled: Drainage Calculations Dated: October 12, 2001 Prepared For: Jean P. Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared By: Allen & Major Associates, Inc 100 Commerce Way P.O. Box 2118 Woburn, MA 01888-0118 Report Titled: Fiscal and Community Impact Report Prepared for: Paul Proulx 1812 Turnpike Street North Andover, MA 01845 Prepared by: Elmer A Pease PD Associates, LLC Real Estate Consultants 1600 Candia Road Suite #7 Manchester, NH 03109 cc: Applicant Engineer File 0