HomeMy WebLinkAboutMiscellaneous - 525 TURNPIKE STREET 4/30/2018 (2)O m
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North oh Andover
Office of the Planning Department
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 Ir
Kathy McKenna
Planning Director
Any appeal shall be filed
Within (20) days after the
Date of filing this Notice
In the Office of the Town
Clerk
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Telephone (978) 688-91535
Fax(978)688-9542
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Notice Of Decision '
Date: October 4, 2002
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Date of Discussion: Septemb�-10
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2002 and October 1,2002
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Pursuant to correspondencer dated August 23, 2002 from Mark B. Johnson, :Esquire on behalf
of Fleet Bank, the Plan*g Board, discussed Site Plan Waiver for the construction of an ATM
kiosk wtth�n the parking lot of the exist uig Brooks Pharmacy site located at 525 Turnpike Street,
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Bn -RA QF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL N. KING 688-9535
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TOWN OF NORTH ANDOVER
MASSAC.HUS`ETTS
Any appeal shall be filed
within (20) days after the
date of filing of this Notice
in the Office of the Town
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SSACHUSEt
NOTICE OF DECISION
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Date.. 2 ugust 16, 1994. . .
June 7, June 28, July 5,
Date of Hearing Ju1�. 19� ;and. Aug. 2, 1994.
Kennedy Development Group,. Inc.
Petition of ......... ........ ...... .............
Premises affected , ,525 .Turnpike Street .. , ....... .... , .. , .. , .
Referring to the above petition for a special permit from the requirements
of the North Andover Zoning Bylaw., section 8.3... Site Plan Review .:.._ .._
..... . ... ....... . ..... .. .. ...
so as to permit , ,the.construction ,of .a .14,.960 .sq....com
ftmercial .structure ,
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
t0 .APPROVES.......the .. ..SITE,PLAN.REVIEW..... ............................
based upon the following conditions:
Signed /��i(�"�� � �• / C �
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cc: Director of Public Works Richard A.Nardella,Charman
. ._,.
Building Inspector
Conservation Administrator Joseph Mahoney, Vice Chairman
................................
Health Sanitarian
Assessors Richard Rowen, Clerk
Police Chief
Fire Chief John Daghlian..................
Applicant
Engineer Alison Lescarbeau,. Associate :Member
File ... ...Punning • Board... .
Interested Parties
KAREN H.P. NELSON120 Main Street, 01845
Director ' Town of
BUILDING
NORTH ANDOVER (508) 682-6483
CONSERVATION ss�C"�5� DIVISION of
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
August 16, 1994
Ms. Joyce Bradshaw,
Town Clerk
120 Main Street
North Andover, MA 01845
Re: Site Plan Review
525 Turnpike Street
Osco Drug
Dear Ms. Bradshaw:
The North Andover Planning Board held a public hearing on June
7, 1994, in the Senior Center behind the Town Building, upon the
application of Kennedy Development Group, Inc., 500 Broadway,
Everett, MA requesting Site Plan approval under Section 8.3 of the
North Andover Zoning Bylaw. The legal notice was duly advertised
in the North Andover Citizen on May 18 and May 25, 1994 and all
parties of interest were properly notified. The following members
were present: Richard Nardella, Chairman, Joseph Mahoney, Vice
Chairman, Richard Rowen, Clerk, John Simons and John Daghlian.
Mr. Rowen read the legal notice to open the public hearing.
Mr. Rowen read a letter from Merrimack College, with concerns about
drainage. A memo was read regarding a phone conversation with
Marian Drive neighbors, concerns about. traffic., aesthetics -
gateway to North Andover.
Mr. Thomas Kennedy, president of Kennedy Development Group,
Inc., was present.
Mr. William Scully, McDonough and Scully, was present to
address traffic issues.
generating 1/2 traffic from what was initially proposed
because no Boston Chicken
worked with Mass Highway in creating traffic plan
115 midway trip hours
130 afternoon peek hours
2 vehicles per minute
80% of traffic to Route 114/200 of traffic to Route 125
not making traffic issues any worse than they currently
are
two lane exit drive on Route 114 - 40% turn left onto
Route 114
Page 2:
Osco Drug
days.
access onto Route 125 for left turn out only takes 40% of
traffic out from Route 114 to Route 125
right turn lane constructed on Route 114
need to change light timing and stripping at intersection
Mr. Kennedy expects full State approval within the next 30
On landscaping, Mr. Kennedy has retained a landscape engineer.
Mr. Kenneth Hyszczak spoke on the building elevation.
standing seam metal roof
canopy facade
drive -up pharmacy
split face block building
Mr. Simons had issues with the following:
design issues
traffic issues
conservation issues
considerations to representations made at Town Meeting
when area rezoned
Mr. Kennedy said State has jurisdiction over road, suggest
review with counsel regarding outside review of traffic. He will
provide traffic people to work with the Town.
Mr. Nardella stated that 48 lots are now proposed, these need
to be taken into consideration in the traffic study. Mr. Nardella
questioned how far the deceleration lane was from intersection.
Mr. Scully answered, 400' from turn around to Route 114 to
deceleration lane, 100' turn lane, 50' transition lane.
Mr. Nardella asked what changes proposed to Route 125
intersection. The reply was change lighting timing and striping.
Mr. Daghlian stated that a scale model of the building would
be helpful to clarify issues.
Mr. Kennedy stated that Osco will not put wood siding or
shingles on building.
Michael Coyne, 306 Hillside Road, expressed concerns with site
as it is a gate way to North Andover, first impression of Town
based on this site. Rezoning sold to citizens at Town Meeting that
the church would stay, small stores, wood structure.
Page 3:
Osco Drug
Ms. Joan Redman, Meadowood I, commented on the following:
could not get to houses from Osco
problem with left hand turns onto Route 114
Mr. Towle, Route 125 Bypass, stated that the deceleration lane
was not sufficient. He asked if there was any way to have one
access through Chestnut Green to get to Osco.
Mr. Mahoney stated that a presentation was made at Town
Meeting, and that site is a gateway to the Community. Traffic
problems need to be addressed.
Mr. Kennedy has made changes based on comments made by the
Town.
Mr. Simons asked Mr. Kennedy to look at Middleton Center for
an example of New England architecture.
On a motion by Mr. Simons, seconded by Mr. Rowen, the Board
voted to continue the public hearing to June 21, 1994. No quorum
on June 21, 1994, therefore public hearing was continue to June 28,
1994.
On June 28, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Simons
and Alison Lescarbeau, Associate Member.
Mr. Nardella had asked the applicant to come back to the Board
with specific changes on the proposed Osco Drug.
Mr. Kenneth Hyszczak, Cubellis & Associates, gave the Board
the following information regarding the specific changes:
clapboards will be used
there will be false windows
more brick
canopy/facade has been extended
Mr. Hyszczak showed the Board the type of material to be used.
Mr. Hyszczak showed sample of architectural roof shingles.
Mr. Simons questioned the roof. Mr. Hyszczak stated that the
material will be used on the canopy and the facade. The roof will
be flat with mechanicals.
Mr. Nardella questioned the height of the building and if the
mechanicals would be covered. Mr. Hyszczak told Mr. Nardella the
height will be the same as what is there now, 26' to 241, it
varies.
Page 4:
Osco Drug
Mr. Simons spoke on what was presented at Town Meeting when
the zoning change was made, it not the same as that which is before
the Board now.
Mr. Hyszczak stated that what was being proposed was a block
building with a steel roof. Mr. Simons would like to see a more
natural -setting at a pedestrian scale with a village concept, not
a building in the middle of the lot.
Mr. Nardella stated that the Fire Department needs a 360
degree access.
Mr. Gene Joel, American Drug Stores, spoke on the general
shape of the building.
Mr. Nardella requested them to be more creative of the
building shape.
Mr. John Edward, McDonough & Scully,Inc., did the traffic
study. He summarized the material submitted.
building size has been reduced
traffic reduced - with two new subdivisions
traffic study considered - negating to no change
Mr. Simons questioned the ability to make left hand turns to
and from the site.
Mr. Nardella asked about peak hours. Peak hours are between
11:00 a.m. and 1:00 p.m. and 4:00 p.m. and 6:00 p.m.
Mr. Nardella asked the Board for their comments.
Mr. Mahoney wants to review the traffic study which was
received today. Mr. Rowen agrees with Mr. Simons on the proposed
building. Mr. Simons reiterated his concerns and personal
preferences.
Mr. Rowen questioned the entrance on Route 125, suggested
moving it 25 to 30 ft. away from the intersection. Mr. Kennedy
tried to answer questions and address concerns. He stated that the
traffic before the intersection travels at a higher speed.
A blinking light was suggested.
Ms. Lescarbeau stated that the proposal was still a square
building. She suggested maybe the exterior colors could be
changed.
Page 5:
Osco Drug
Mr. Kennedy stated that he was asked to change the building,
he did. He was asked to change the facade and the parking as well,
he did. Mr. Kennedy went on to say the he has abided by the zoning
bylaw and he has the right to develop the parcel.
Mr. Nardella stated that there were substantial improvements
made and that the applicant may be in compliance with zoning but he
was not happy with the results.
Mr. Kennedy asked the Board to consider landscaping being put
in and a change to the facade. He asked for a written list from
the Board.
Issues from the Board:
drainage
traffic
elevations
Mr. Nardella asked Mr. Kennedy to give it his best shot at
making the necessary changes and present them on July 19, 1994.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board
voted to continue the public hearing to July 19, 1994.
Mr. James Towle, Andover -Bypass, asked about a common access
from Hillside Road, stating major problems with traffic on Route
125.
Mr. Herbert Redman, Meadowood Road, spoke on the new curb cut
on Route 125 and the traffic issues.
On July 5, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen Clerk, John Simons and
John Daghlian.
The Board had an informal discussion of Osco Drug to create
specific list of problems/issues for the next meeting.
pitched roof (not flat)
change location of the building
landscape mounds in parking lots
Ms. Colwell and Mr. Nardella to meet with Mr. Kennedy in the
evening, before the next Board meeting.
Mr. Kennedy will not be on the July 19th meeting unless a new
plan delivered is to Board members for review before the meeting.
Page 6:
Osco Drug
On July 19, 1994 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen Clerk, John Simons and
Alison Lescarbeau, Associate Member.
Mr. Nardella stated that he and Ms. Colwell met with Mr.
Kennedy last week to review the plan.
Mr. Kenneth Hyszak, Cubelis Associates, gave the Board the
following presentation:
- modified elevations
- added roof facade entirely around the building
- added dormers along front - 4 dormers on side D, 5
dormers on side A
- enlarged cupola
Mr. Nardella discussed dormers on side D.
4 dormers clustered together at entrance to building
leaving an expanse of building
Mr. Mahoney and Mr. Rowen had no issues with placement of
dormers.
There was a discussion of cupola versus steeple.
Mr. Rowen said keep a consistent design, cupola with weather
vane.
Mr. Mahoney was pleased with design, replaces church as a
landmark.
Mr. Simons said he appreciates efforts made by applicant. He
read a letter received from developer at time of rezoning stating
that "in event that the town meeting votes in favor of the
rezoning, the proposal that we bring back to the Planning Board for
Site Plan Review will be substantially in the form that was
presented to you at your meeting of April 25th including the
architect's and engineer's rendering of the site and buildings.
... Additionally, in the event that a third party should buy the
property, we will, in detail, explain to this third party the above
agreement and make it a part of any purchase and sale agreement."
Mr. Simons further stated that this goes to the integrity of
the Planning Board and representations made by the Board at Town
Meeting.
Mr. Mahoney stated that rezoning cannot be based on a specific
project.
Page 7:
Osco Drug
Mr. John Leeman, 45 Pine Ridge Road, asked what type of
material would be used for the roof. He asked if clapboards would
be used as siding. Asphalt shingles - architectural style shingles
will be used and clapboards will be used to side the building.
Mr. James Towle, Andover By-pass, stated there was a problem
with traffic, Chestnut Green looking for new parking and access.
The Board should open discussion between Osco Drug and Chestnut
Green regarding traffic.
Ms. Colwell stated that the Board did address traffic issue.
The applicant provided a traffic study. The Planning Board had
this traffic study reviewed by the Merrimack Valley Planning
Commission. The Merrimack Valley Planning Commission reviewed
study and felt that it addressed all of the issues and that further
review or study was not required.
Mr. Mahoney stated that the Board looked at traffic issue and
believes that it has adequately been addressed.
Mr. Nardella stated that the Planning Board may put conditions
regarding traffic on the site in the decision if approved.
Mr. Rowen questioned the issue of pulling exit onto Route 125
back away from intersection. Ms. Colwell asked traffic planner at
the Merrimack Valley Planning Commission about pulling it away.
Traffic Planner advised against it because traffic travels quickly
down Route 125.
Mr. Rowen had questions about maintaining triangle of property
owned by the State.
Mr. Nardella requested that the applicant provide a letter
from the State agreeing that the applicant will maintain the
triangle.
Mr. Ed Arman, 28 Mill Pond, asked what were Mr. Simons
concerns.
Mr. Simons stated that it was "bait and switch", plans
presented at Town Meeting persuaded Town citizens to rezone, now a
different building with a different concept and feel from what was
anticipated and presented at Town Meeting is proposed for
construction.
Jan Rosensky stated that the applicant has done a magnificent
job in blending the building into the surrounding neighborhood.
Mr. Nardella stated that the windows shown are the windows
that will be constructed.
Page 8:
Osco Drug
Mr. Rowen expressed concern about sale signs in the windows.
The applicant responded with since these are not true windows,
signs would not be placed in them.
Mr. Nardella asked what type of sign would be used. The
answer was wooden engraved signs with 'Lights shining on it.
Mr. Rowen asked about what landscaping would be used along
Route 125.
Mr. Kennedy stated that evergreens would be used along the
Route 125 side, Canadian Hemlock, 6 to 7 feet at full growth, 3 to
4 feet when planted. Landscaping along Route 114 - could add
additional smaller plantings in the future if necessary.
Mr. Nardella discussed with Mr. Kennedy, waiver of requirement
to construct parking spaces.
Mr. Kennedy stated that possibly waive requirement at exit out
Route 125. Waiver would increase visibility and access. Keep tree
line as is and grass in parking spaces.
Ms. Colwell to condition decision to make sure evergreens
along Route 125 are 6 feet at time of planting.
Signage
Two "Osco" signs on building
directional signs may be on building such as "Pharmacy",
"Foodmart"
Mr. Nardella asked what will signs look like at Route 114.
Mr. Kennedy stated sign with plantings, lights shinning down on
sign.
There was a discussion by the Planning Board as to whether
lights should shine up or down on the sign.
Jan Rosensky stated that if lights shine up on the sign it
could cause a problem with traffic.
Mr. Nardella wants lights from ground up, bring sign in for
review.
Ms. Rosensky stated that a strip of lights could be put above
the sign.
Ms. Colwell read a letter from Merrimack College listing
issues of drainage and flooding on the property. Conservation
Commission required outside review of the drainage calculations for
the project. Applicant has addressed all issues raised by outside
Page 9:
Osco Drug
consultant. D.P.W. has also reviewed drainage for site and does
not see any problems. Applicant will be controlling storm water on
site, storm water not presently controlled.
Mr. Nardella had some concern about need for Police
protection, parking attendant if needed may be added to condition.
Mr. Nardella asked when lights go off. Lights are generally
on a timer.
There was a concern about late night deliveries. There will
be no late night deliveries.
The store will close at 10:00 p.m.
Ms. Lescarbeau questioned where shopping carts would be
stored. Shopping carts are routinely collected, customers
generally do not bring shopping carts outside.
Ms. Colwell asked the Planning Board for consensus on waiver
of construction of parking spaces along Route 125. The Planning
Board's consensus was that construction should be waived.
Mr. Scott Cote, Merrimack College, stated that he was not
there to here comments on rezoning, drainage problem currently
exists in this area, drainage problem comes from an area including
Chestnut Green. The culvert from the project site goes under Route
125 to Merrimack College and floods an area at outflow of culvert.
Mr. Nardella asked Mr. Cote what Merrimack College was asking
the Planning Board to do. Mr. Cote replied, require applicant to
address drainage problem in the area.
Mr. Nardella request that D.P.W. look into the site drainage
issue. D.P.W. respond to drainage concerns raised by Merrimack
College's letter of June 29, 1994.
Osco would have to alter wetlands to create any additional
retention on site.
Mr. Nardella directed staff to draft decision including all
comments and requested the Board to close the public hearing.
Pastor Dan Trapano, representing the church, spoke to the
Board.
no flooding on church property
if all requirements being met by applicant, Board should
approve project.
Page 10:
Osco Drug
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing.
The decision to be voted on at the August 2, 1994 meeting.
On August 2, 1994 the Planning Board held a.regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, John Daghlian
and Alison Lescarbeau.
Mr. Nardella stated that Mr. Simons was on vacation and that
he submitted a letter and is objecting to the Osco Drug Site Plan
Review and his objection are part of the file.
Submittal fee on the original application of $1,400 is a
concern of the Board.
Mr. Thomas Kennedy told the Board that the fee for this
hearing had been paid. The fee for the withdrawal application will
be paid.
Hours of Operation
1. 7:00 a.m. - 10:00 p.m.
2. Security lighting is being requested - Staff will
coordinate this with the Police Department (see Condition
#8) .
Condition 1a - Trees along Route 125. perimeter shall be
evergreen at a minimum of 6' in height, 10' apart..
Add under landscaping Final landscaping detail will be
reviewed by Planning Staff and additional landscaping required will
be completed at the applicants expense. (Even if not shown on
approved landscaping plan.)
Add - extend landscape design/fence of existing wood fence and
hedge on Route 114 side of the property from Chestnut Green along
property line - termination to be determined in the field.
Add - The applicant warrants it will maintain state land
adjacent to property at Route 125/114 unless forbidden by the State
to do so.
Construction schedule to be submitted to Planning Staff.
Add - Signs to be coordinated between the Building Inspector
and Town Planner. Shade of orange to be determined in conjunction
with Osco and Planning Staff.
No deliveries after closing at 10:00 p.m.
Page 11:
Osco Drug
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to approve the Site Plan Review Special Permit as amended.
Attached are those conditions.
Sincerely,
Planning Board
"altcwez-
Richard Nardella Chairman
Attachment
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Sanitarian
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
525 Turnpike Street (Osco Drug)
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan
Review for the construction of a 14,960 square foot building for
use as an Osco Drug Store in a B-2 Zoning District. This Special
Permit was requested by Kennedy Development Group, Inc., 500
Broadway, Everett, MA 02149 on May 12, 1994. The Planning Board
makes the following findings as required by the Zoning Bylaw
Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for an Osco
Drug store as the site is zoned for retail use;
2. The use as developed will not adversely affect the
neighborhood as the site is adjacent to an office park.
3. There will be no nuisance or serious hazard to vehicles or
pedestrians as the applicant will comply with the
recommendations of an approved traffic study.
3. The landscaping plan approved as a part of this plan meets
the requirements of Section 8.4 of the Zoning Bylaw as long
as Condition 1(a) is met.
4. The site drainage system is designed in accordance with the
Town Bylaw requirements;
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8.3 of the Zoning Bylaw;
6. 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. Prior to the endorsement of the plans by the Planning Board
the applicant shall adhere to the following:
Ia. A full set of final plans must be submitted.to the Town
Planner for review no later than .November 30-, 1994
The following changes must be included,: ----.----
1
n
A bond in the amount of one -hundred thirty five
thousand dollars ($135,000) shall 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 and drainage facilities is
submitted. The bond is also in place to insure that
the site is constructed in accordance with the approved
plan. This bond shall be in the form of a check made
out to the Town of North Andover. This check will then
be deposited into an interest bearing escrow account.
c A construction schedule shall be submitted to the
Planning Staff.
2. Prior to FORM U verification (Building Permit Issuance):
This decision shall be recorded at the Essex North
Registry of Deeds and a copy delivered to the Planning
Staff.
b. All approvals from the State in regards to access onto
both Route 114 and Route 125 must be submitted to the
Planning Office.
3. Prior to verification of the Certificate of Occupancy:
0J
�.-
a notation designating five of the parking spaces
adjacent to the exit to Route 125 as future
parking (see Condition # 5) .
Sheet L-04 Landscaping must be revised along the
Route 114 perimeter. small, white wooden fence
and hedge similar to the size and design at
Chestnut Green are to be added from the Chestnut
Green property line to the guard rail with a
transition to low growth plantings close to the
guard rail. The actual termination of the
fence/hedge will be determined in the field by the
Town Planner. The fence/hedge will be installed
in lieu of the inkberry currently shown on the
plan.The trees shown on the plan along Route 114
shoulPbe changed to sugar maples.
ii.
A set of stairs should be constructed in the slope
.(
along the boundary of the property with the
Chestnut Green Office Park to allow pedestrian
access to Osco from the Park. Plans of the stairs
are to be reviewed and approved by the Planning
Board.
All
changes to the Landscape Plan must be reviewed and
approved by the Town Planner.
A bond in the amount of one -hundred thirty five
thousand dollars ($135,000) shall 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 and drainage facilities is
submitted. The bond is also in place to insure that
the site is constructed in accordance with the approved
plan. This bond shall be in the form of a check made
out to the Town of North Andover. This check will then
be deposited into an interest bearing escrow account.
c A construction schedule shall be submitted to the
Planning Staff.
2. Prior to FORM U verification (Building Permit Issuance):
This decision shall be recorded at the Essex North
Registry of Deeds and a copy delivered to the Planning
Staff.
b. All approvals from the State in regards to access onto
both Route 114 and Route 125 must be submitted to the
Planning Office.
3. Prior to verification of the Certificate of Occupancy:
0J
a. The building must be constructed as presented to the
Planning Board and as shown on the Elevation Plan
Sheets SK -1 and SK -2 dated 6/15/94.
a. The landscaping must be as shown on Sheet L-04
Landscape Plan with the additional requirements set
forth in Condition 1(a).
b. The site shall be reviewed by the Planning Staff. Any
screening as may be reasonably required by the Planning
Staff and/or Tree Warden will be added at the
applicant's expense. Additional planting may be
required along Route 125.
C. A final as -built plan showing the location of all on
site utilities, structures, curb cuts, parking spaces
and drainage facilities must be submitted to and
approved by the Division of Public Works.
d. All artificial lighting used to illuminate the site
shall be approved by the Planning Staff. 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
site shall be reviewed by the Planning Staff.. Any
changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be
made at the owner's expense.
4. Prior to the final release of security:
a. An as built plan conforming to Condition 1(b) must be
submitted for review to the Planning Office and
Division of Public Works. The site must be constructed
according to the approved plans. This will be
determined by a majority vote of the Planning Board.
b. The Planning Board will review the site, any additional
landscaping as may reasonably be required by the Board
must be added at the applicant's expense.
5. The Planning Board waives the requirement of constructing
the five (5) parking spaces adjacent to the exit onto Route
125 as shown on Sheet L-03 Layout & Materials Plan. The
parking spaces are to be designated as future parking. The
area will remain open with a maintained lawn until such time
as the Planning Board, by majority vote, deems those spaces
necessary. The Board waives the construction of these
spaces based upon a determination that 70 spaces is
sufficient. An open grass area will increase visibility
3
from the parking lot out to Route 125.
6. If the traffic (both vehicular and pedestrian) at this site
becomes a public safety problem in the future, the Planning
Board reserves the right to require the applicant to retain
at their cost a traffic attendant to direct traffic at peak
hours. The Planning Board also reserves the right to
require the owner to cover the cost of additional review of
the traffic at the intersection of Route 125 and Route 114
and to pay for any additional traffic and/or pedestrian
safety control equipment, paving, stripping etc. that may be
reasonably required to alleviate a traffic problem.
Applicant must apply for all required State permits
necessary to accommodate all pedestrian crossings at Osco
Drug. This condition is subject to State approvals where
required.
7. If shopping carts are to be used at this location, they must
be collected from the parking lot on a routine, daily basis.
8. The hours of operation will be limited to between 7:00 a.m.
to 10:00 p.m. If the applicant wishes to increase these
hours the owner must request a modification of this Special
Permit from the Planning Board. No deliveries are to be
made to the premises past 10:00 p.m.
9. The parking lot lights must be turned off by 11:00 p.m. or
at the time the last employee leaves, whichever is later.
Security lights will be left on; staff will coordinate with
the Police Department as to specifications. All lighting
must be approved by the Building Inspector.
10. 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.
11. The applicant warrants that it will maintain the property
adjacent to Routes 114 and 125, unless forbidden by the
State to do so.
12. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
13. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
14. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
15. No open burning shall be done except as is permitted during
4
burning season under the Fire Department regulations.
16. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
17. All signs within the project shall be of wood with uniform
lettering and design. The signs shall in no way be
interior illuminated (Neon or other means). All signs
designed for this project must be reviewed and coordinated
between the Building Inspector and the Town Planner for
approval. No advertisements or signs shall be placed in the
windows.
18. The anticipated "orange" color/shade of the Osco Drug sign
(logo) to be determined in conjunction with Osco Drug and
the Planning Board Staff.
19. No mechanical devices (ie: HVAC, vents, etc...) which may be
visible from any surrounding roadways shall be placed on the
roof.
20. 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.
21. 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.
22. Any revisions to a development that has secured site plan
approval 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.
23. This Special Permit approval shall be deemed to have lapsed
after August 16, 1996 (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.
The following information shall be deemed as part of the
decision:
a. Booklet entitled: "Retail Site North Andover,
Massachusetts"
Created by: First Street Development, Inc.
500 Broadway
Everett, MA 02149
b. Hydrologic Analysis for Osco Drug
5
7
525 Salem Turnpike
North Andover, MA
C. Traffic Impact & Access Study
Proposed Commercial Site
North Andover, Massachusetts
Prepared for: CDW Consultants
Dated: October 1993
Prepared by: McDonough & Scully
d. Technical Addendum To Traffic Report
To: CDW Consultants, Inc
111 Speen Street
Framingham, Massachusetts 01701
From: McDonough & Scully, Inc.
111 Speen Street, Suite 407
Framingham, Massachusetts 01701
Date: June 20, 1994
e. Plans entitled: Osco Drug North Andover,
Prepared by: CDW Consultants, Inc.
111 Speen Street, Suite
Framingham, MA 01701
Sheets: L-01 Existing Conditions
May 6, 1994, rev. 5/13/94
1" = 20'
L-02 Grading and Utility Plan
May 6, 1994, rev. 5/13/94, 7/07/94
1" = 20'
L-03 Layout & Materials Plan
May 6, 1994, rev. 5/13/94
1" = 20'
Wt.
119
L-04 Landscaping Plan
prepared by: Native Landscapes
205 A Street
Boston, MA 02210
June 3, 1994; rev. 6/14/94, as
revised under Condition 1(a)
1" = 20'
a. Plans entitled:
Date:
Scale:
Sheets:
Prepared by:
Elevation
Osco Drug
Route 114 & 125
North Andover, Massachusetts
6/15/94
as noted
SK -1, SK -2
Cubellis & Associates, Inc.
R
further
p
Charlestown Navy Yard
2 Thirteenth Street
Boston, MA 02129
Note: Plans show a Mansard Roof with 1' - 0"
projection.
cc: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
525.Turnpike
7
t
525 Turnpike Street (Osco Drug)
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan
Review for the construction of a 14,960 square foot building for
use as an Osco Drug Store in a B-2 Zoning District. This Special
Permit was requested by Kennedy Development Group, Inc., 500
Broadway, Everett, MA 02149 on May 12, 1994. The Planning Board
makes the following findings as required by the Zoning Bylaw
Section 8.3 and 10.3:
FINDINGS OF FACT:.
1. The specific site is an appropriate location for an Osco
Drug store as the site is zoned for retail use;
2. The use as developed will not adversely affect the
neighborhood as the site is adjacent to an office park.
3. There will be no nuisance or serious hazard to vehicles or
pedestrians as the applicant will comply with the
recommendations of an approved traffic study.
3. The landscaping plan approved as a part of this plan meets
the requirements of Section 8.4 of the Zoning Bylaw as long
as Condition 1(a) is met.
4. The site drainage system is designed in accordance with the
Town Bylaw requirements;
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8.3 of the Zoning Bylaw;
6. 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. Prior to the endorsement of the plans by the Planning Board
the applicant shall adhere to the following:
a. A full set of final plans must be submitted to the Town
Planner for review. The final plans must include a
notation designating five of the parking spaces
adjacent to the exit to Route 125 as future parking
1
2.
3
(see Condition # 4). Sheet L-04 Landscaping must be
revised to show one tree every 30 feet along the edge
of the parking lot. These trees must be at least 3.5
inches in diameter and 4 feet high at the time of
planting. Trees along the 125 perimeter should be
Evergreens at a minimum of 6 feet in height, being 10
feet on center. Final landscaping details will be
reviewed by the Planning staff and additional
landscaping may be required and completed at the
owner's expense, even if not shown on the approved
plan. A small, white wooden fence and hedges are to be
added to extend the landscape design existing on the
Route 114 side of the property from Chestnut Green
along the property line. Termination to be determined
in the field..
b. A bond in the amount of $135,000 shall 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 and drainage
facilities is submitted. The bond is also in place to
insure that the site is constructed in accordance with
the approved plan. This bond shall be in the form of a
check made out to the Town of North Andover. This
check will then be deposited into an interest bearing
escrow account. The applicant shall submit a
construction schedule to the Planning Board.
Prior to FORM U verification (Building Permit Issuance):
a. This decision shall be recorded at the Essex North
Registry of Deeds and a recorded copy delivered to the
Planning Staff.
b. All approvals from the State in regards to access onto
both Route 114 and Route 125 must be submitted to the
Planning Office.
C. A construction schedule shall be submitted to the
Planning Staff.
Prior to verification of the Certificate of Occupancy:
a. The building must be constructed as presented to the
Planning Board and as shown on the Elevation Plan
Sheets SK -1 and SK -2 dated 6/15/94.
b. The landscaping must be
Landscape, Plan with the
required in Condition 1(a).
2
as shown on Sheet L-04
addition of the trees as
N
C. The site shall be reviewed by the Planning Staff. Any
screening as may be reasonably required by the Planning
Staff and/or Tree Warden will be added at the
applicant's expense. Additional planting may be
required along Route 125.
d. A final as -built plan showing the location of all on
site utilities, structures, curb cuts, parking spaces
and drainage facilities must be submitted to and
approved by the Division of Public Works.
e. All artificial lighting used to illuminate the site
shall be approved by the Planning Staff. 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
site shall be reviewed by the Planning Staff. Any
changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be
made at the owners expense.
4. The Planning Board waives the requirement of constructing
the five (5) parking spaces adjacent to the exit onto Route
125 as shown on Sheet L-03 Layout & Materials Plan. the
parking spaces are to be designated as future parking. The
area will remain open with a maintained lawn until such time
as the Planning Board by majority vote deems those spaces
necessary. The Board waives the construction of these
spaces based upon a determination that 70 spaces is
sufficient. An open grass area will increase visibility
from the parking lot out to Route 125.
S. If the traffic (both vehicular and pedestrian) at this site
becomes a public safety problem in the future, the Planning
Board reserves the right to require the owner to retain a
traffic attendant to direct traffic at peak hours. The
Planning Board also reserves the right to require the owner
to cover the cost of additional review of the traffic at the
intersection of Route 125 and Route 114 and to pay for any
additional traffic and/or pedestrian safety control
equipment, paving, stripping etc. that may be reasonably
required to alleviate a traffic problem. Applicant will
apply for all required State permits necessary to
accommodate all pedestrian. crossings at Osco Drug. This
condition is subject to State approvals where required.
6. If shopping carts are to be used at this location they must
be collected from the parking lot on a routine, daily basis.
7. The hours of operation will be limited to between 7:00 am to
10:00 pm. If the owner wishes to increase these hours the
3
l'1
the owner must request a modification of this Special Permit
from the Planning Board. No deliveries are to be made to
the premises past 10:00 p.m.
8. The parking lot lights must be turned off by 11:00 p.m. or
at the time the last employee leaves, whichever is later.
Security lights will be left on; staff will coordinate with
the Police Department as to specifications. All lighting
must be approved by the Building Inspector.
9. Any plants, trees or shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from the date of planting shall be
replaced by the owner.
10. The applicant warrants that it will maintain the property
adjacent to Routes 114 and 125, unless forbidden by the
State to do so.
11. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
12. Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
13. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
14. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
15. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
16. All signs within the project shall be of wood with uniform
lettering and design. The signs shall in no way be
interior illuminated (Neon or other means). All signs
designed for this project must be reviewed and coordinated
between the Building Inspector and the Town Planner for
approval. No advertisement signs shall be placed in the
windows.
17. The anticipated "orange" color/shade of the Osco Drug sign
(logo) to be determined in conjunction with Osco Drug and
the Planning Board Staff.
18. No mechanical devices (ie: HVAC, vents, etc...) which may be
visible from any surrounding roadways shall be placed on the
roof.
M
4
19. 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.
20. 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.
21. Any revisions to a development that has secured site plan
approval 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.
22. This Special Permit approval shall be deemed to have lapsed
after May 12, 1996 (two years from the date permit granted)
unless substantial use or construction has commenced. .
The following information shall be deemed as part of the
decision:
a. Booklet entitled: "Retail Site North Andover,
Massachusetts"
Created by: First Street Development, Inc.
500 Broadway
Everett, MA 02149
b. Hydrologic Analysis for Osco Drug
525 Salem Turnpike
North Andover, MA
C. Traffic Impact & Access Study
Proposed Commercial Site
North Andover, Massachusetts
Prepared for: CDW Consultants
Dated: October 1993
Prepared by: McDonough & Scully
d. Technical Addendum To Traffic Report
To:
CDW Consultants, Inc
111 Speen Street
Framingham, Massachusetts 01701
From:
McDonough & Scully, Inc.
111 Speen Street, Suite 407
Framingham, Massachusetts 01701
Date:
June 20, 1994
e. Plans entitled: Osco Drug North Andover, MA
Prepared
by: CDW Consultants, Inc.
111 Speen Street, Suite 119
Framingham, MA 01701
k,
i
f Sheets: L-01 Existing Conditions
I May 6, 1994, rev. 5/13/94
1" = 20'
L-02 Grading and Utility Plan
May 6, 1994, rev. 5/13/94, 7/07/94
1" = 20'
L-03 Layout & Materials Plan
May 6, 1994, rev. 5/13/94
1" = 20'
L-04 Landscaping Plan
May 6, 1994, rev. 5/13/94
1" = 20'
f. Plans entitled:
Date:
Scale:
Sheets:
Prepared by:
Elevations
Osco Drug
Route 114 & 125
North Andover, Massachusetts
6/15/94
as noted
SK -1, SK -2
Cubellis & Associates, Inc.
Charlestown Navy Yard
2 Thirteenth Street
Boston, MA 02129
CC: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief.
Fire Chief
Applicant
Engineer
File
525.Turnpike
0