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Miscellaneous - 550 TURNPIKE STREET 4/30/2018 (7)
'_ 1 i0 � 0 � gz o -� o m b � o � I � m b � y1 Initial Construction Control Document To be submitted with the building permit application by a Registered Design Professional for work per the 8th edition of the Massachusetts State Building Code, 780 CMR, Section 1.07 Project Title: Orangetheory Fitness (3,135 so Date: 6/8/2017 Property Address: 550 Turnpike Road, North Andover, MA 01845 Project: Check (x) one or both as applicable: (x) New construction (x) Existing Construction Project description: Tenant Fit -up for Orangetheory Fitness Tenant Space (3,135 so I, Matthew A Bouchard MA Registration Number: 50766 Expiration date: 8/31/2017 , am a registered design professional, and I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': x Architectural Structural Mechanical Fire Protection Electrical Other: for the above named project and that to the best of my knowledge, information, and belief such plans, computations and specifications meet the applicable provisions of the Massachusetts State Building Code, (780 CMR), and accepted engineering practices for the proposed project. I understand and agree that I (or my designee) shall perform the necessary professional services and be present on the construction site on a regular and periodic basis to: 1. Review, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Perform the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Be present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work is being performed in a manner consistent with the approved construction documents and this code. Nothing in this document relieves the contractor of its responsibility regarding the provisions of 780 CMR 107. When required by the building official, I shall submit field/progress reports (see item 3.) together with pertinent comments, in a form acceptable to the building official. Upon completion of the work, I shall submit to the building official a `Final Construction Control Document'. Enter in the space to the right a "wet" or electronic signature and seal: Phone number: 508 809 3509 Email: mbouchard@cmearchitects.com Building Official Use Only Building Official Name: Permit No.: Date: tRED ARC, FOS NO. 50766 3 REHOBOTH MASSACHUSETTS Note 1. Indicate with an `x' project design plans, computations and specifications that you prepared or directly supervised. If `other' is chosen, provide a description. Version 06 11 2013 V Initial Construction Control Document To be submitted at completion of construction by a Registered Design Professional Y for work per the 8' edition of the Y Massachusetts State Building Code, 780 CMR, Section 107.6.4 Project Title: Orange Theory Fitness North Andover Date: 06.09.2017 Permit No. Property Address: 554 Turnpike Road, North Andover, MA 01845 Project: Check one or both as applicable: New construction Existing Construction Project description: I William T. Mayer III MA Registration Number: 46021 Expiration date: 06.30.2019 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': Entire Project Architectural Structural X Mechanical Fire Protection Electrical Other: for the above named project. I certify that I, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and that I or my designee: 1. Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work was performed in a manner consistent with the construction documents and this code. Enter in the space to the right a "wet' or electronic signature and seal: Phone number: 401.765.7659 Email: wmayer@edesignservice.com Building Official Use Only Building Official Name: Permit No.: Date: Note 1. Indicate with an `x' project design plans, computations and specifications that you prepared or directly supervised. If `other' is chosen, provide a description. Initial Construction Control Document To be submitted at completion of construction by a ' Registered Design Professional tea~ for work per the 8th edition of the Massachusetts State Building Code, 780 CMR, Section 107.6.4 Project Title: Orange Theory Fitness North Andover Date: 06.09.2017 Pennit No. Property Address: 554 Turnpike Road, North Andover, MA 01845 Project: Check one or both as applicable: New construction Existing Construction Project description: I Raymond W. Dusseault III MA Registration Number: 40709 Expiration date: 06.30.2019 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': Entire Project Architectural Structural Fire Protection X Electrical Other: Mechanical for the above named project. I certify that 1, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and that I or my designee: 1. Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work andto determine if the work was performed in a manner consistent with the construction documents and this code. Enter in the space to the right a "wet" or electronic signature and seal: Phone number: 401.765.7659 x`'-09 OF M t +e• eeee RAYMOND W. • e AQ SMULT III P Email: rdusseault@edesignservice.com Building Official Use Only Building Official Name: Permit No.: Date: Note 1. Indicate with an x' project design plans, computations and specifications that you prepared or directly supervised. If `other' is chosen, provide a description. Initial Construction Control Document To be submitted at completion of construction by a Registered Design Professional for work per the 8th edition of the Massachusetts State Building Code, 780 CMR, Section 107.6.4 Project Title: Orange Theory Fitness North Andover Date: 06.09.2017 Permit No. Property Address: 554 Turnpike Road, North Andover, MA 01845 Project: Check one or both as applicable: New construction Existing Construction Project description: I Glen G. Markey MA Registration Number: 41542 Expiration date: 06.30.2019 , am a registered design professional, and hereby certify that I have prepared or directly supervised the preparation of all design plans, computations and specifications concerning': Entire Project Architectural Structural Mechanical Fire Protection Electrical X Other. Plumbing for the above named project. I certify that I, or my designee, have performed the necessary professional services and was present at the construction site on a regular and periodic basis to determine that the work proceeded in accordance with the requirements of 780 CMR and the design documents prepared by me and approved as part of the building permit and that i or my designee: 1. Have reviewed, for conformance to this code and the design concept, shop drawings, samples and other submittals by the contractor in accordance with the requirements of the construction documents. 2. Have performed the duties for registered design professionals in 780 CMR Chapter 17, as applicable. 3. Have been present at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work and to determine if the work was performed in a manner consistent with the construction documents and this code. Enter in the space to the right a "wet" or electronic signature and seal: Phone number: 401.765.7659 Email: gmarkey@edesignservice.com Building Official Use Only Building Official Name: Permit No.: Date: Note 1. Indicate with an `x' project design plans, computations and specifications that you prepared or directly supervised. If `other' is chosen, provide a description. Massachusetts Department of Public Safety Board of Building Regulations and Standards License: CS-099031 Construction Supervisor BRYAN S HAYNES _ PO BOX 568 r,` NORTH EASTON MA; 02356 'J-;:� CA-- Expiration: (commissioner 12/04/2017 Construction Supervisor Restricted to: Unrestricted - Buildings of any use group which contain less than 35,000 cubic feet (991 cubic meters) of enclosed space. Failure to possess a current edition of the Massachusetts State Building Code is cause for revocation of this license. DPS Licensing information visit: WWW.MASS.GOV/DPS 11 The Commonwealth of Massachusetts � Department of Industrial Accidents Office of Investigations ff g 600 Washington Street 1, r Boston, MA 02111 Wu f, www.mass.gov/dia orkers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Inddividual):_ Address: L 9795 4v— Areyo employer? Check t `a1pproprh 1. I am a employer with(d 4 employees (full and/or p -time).* 2. ❑ I am a sole proprietor or partner- ship and have no employees working for me in any capacity. [No workers' comp. insurance required.] 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] t //14GC'hdne V ,, :e box: ❑ I am a general contractor and I have hired the sub -contractors listed on the attached sheet. These sub -contractors have employees and have workers' comp. insurance.: 5. ❑ We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] No Type of project (required): 6. Kew construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.0 Electrical repairs or additions 11.❑ Plumbing repairs or additions 12.❑ Roof repairs 13.❑ Other 'Any applicant that checks box # I must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. =Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that isproviding workers' compensation insurance for my employees. Below is the policy and job site information. ,I— 0 _ _ Insurance Company Name: Policy # or Self -ins. Lic. #: Gf/L.��%�aK `7'�� Expiration Dater Job Site Address: ��'r�� City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the.)aIA for insurance coverage verification. I do hereby provided.above.is.true and correct. Official use only. Do not write in this area, to be completed by city or town offtciaL City or Town: Permit/License # Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone M ACORV CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) TYPE OF INSURANCE 6/12/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CON T� CT Kathleen Hatfield NAME: PHONE F(AIC, No Eastern Insurance Group LLC 500 Forest Avenue Brockton MA 02301 E-MAIL ADDRESS: ran ce. com INSURERS AFFORDING COVERAGE NAIC # DAMAGE 0 RENTED PREMISES Ea occurrence $250,000 INSURER A -ACad*a Insurance Company 31325 PERSONAL 8 ADV INJURY $1,000,000 INSURED 194150 INSURERB:Continental Western Insurance 10804 INSURERC: The Haynes Group, Inc 385 West Street W Bridgewater MA 02379 INSURER D: INSURER E INSURER F Y COVERAGES CERTIFICATE NUMBER: 833180800 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y Y CPA5142194-11 6/24/2016 6/24/2017 EACH OCCURRENCE $1,000,000 DAMAGE 0 RENTED PREMISES Ea occurrence $250,000 MED EXP (Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 $ AAUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS Y Y MAA5142195-11 6/24/2016 6/24/2017 Ea acciIINED dent $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE YY CUA5142196-12 6/24/2016 6/24/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED?FNJ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y WCA5158243-11 6/24/2016 6/24/2017 X WC STATU- OTH- TORY I T S ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE,$1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Additional Insured status is provided on a Primary and Non-contributory basis and Waiver of Subrogation applies when required by contract per GL forms CG2060 0312 & CLCG0492 0212. CERTIFICATE HOLDER CANCELLATION ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of North Andover THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 120 Main St. ACCORDANCE WITH THE POLICY PROVISIONS. North Andover MA 01845 AUTHORIZED REPRESENTATIVE 0� I wit;r-P ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD I aynes ROU P Builders e Construction Managers Construction Proposal The Haynes Group, Inc. Between the Owner: Nathan OTF Andover Signature: Andover MA And the Contractor: The Haynes Group, Inc. PO BOX 586 North Easton, Massachusetts 02356 508-230-9494 For the Project: #17011 Orangetheory Andover OTF Andover Andover MA June 14, 2017 14 Norfolk Ave. South Easton MA. 02375 508-230-9494(P) 866-209-5412(F) www.haynesgroupinC.Com PLAN EXECUTE DELIVER Proposal The Haynes Group Inc. Job# 17011 Orangetheory Andover Concrete Concrete - trenching Furnish all labor and materials to perform additional coring as needed for restroom and showerlayouts through concrete slab. Subtotal Concrete 5,625.00 Metals Structural Steel - RTU reinforcing - Allowance Allowance: Fumish & install: Structural steel reinforcing for (1) one RTU. Engineering - Allowance Allowance: Structural Engineering for RTU supports. Subtotal Metals 4,000.00 Woods & Plastics Carpenter Furnish all labor to install Studio Reception Desk, Retail Center, Lockers and Coat Rack System, blocking, TRX and weight Racks, and office shelving. Subtotal Woods & Plastics 1,512.00 '14 Norfolk Ave. South Easton MA. 02375 508-230-9494(P) 866-209-5412(F) www.haynesgroupinc.com PLAN EXECUTE DELIVER 2 Proposal Thermal Protection The Haynes Group Inc. Job# 17011 Roof Flashing (2) RTU roof openings. (1) Exhaust fan. (1) Plumbing vent. Subtotal Thermal Protection Openings Orangetheory Andover 5,450.00 Doors, Frames & Hardware - materials Furnish Frames, doors, and hardware sets. Mirrors Furnish and install: Wall mirrors inside studio per OTF specifications. Interior Glazing Furnish and install new interior glazing. It is assumed that the glass system will be 9' in height and 20' in length... Interior Glazing - Door Furnish & install interior glass door with hardware set. Storefront Glazing and windows -Glass Only Left Side Opening Storefront Glazing and windows- Pair X-0 doors with 18" Side Lighting Subtotal Openings 28,400.00 Finishes Metal Stud & Drywall - perimeter walls Furnish & install: Existing demising walls to be metal stud framing only per landlord exhibit. Unfaced fiberglass Batt insulation - R19 (6") (2 layers) 518" gypsum board ready for finishes. Deck height 21'- 4" Metal Stud & Drywall - interior walls Furnish & install: Interior drywall partitions. Metal stud framing. Gypsum board ready for finish. Level 4. Metal Stud & Drywall - drywall ceilings Furnish & install. Toilet & Shower rooms. Metal stud framing. Gypsum board ceiling at 9' a.ff. Metal Stud & Drywall - soffit Furnish & install: Interior glazing soffit Metal stud framing. Gypsum board finish. 14 Nodolh Ave. South Easton MA, 02375 508-230-9494(P) 866-209-5412(F) ,ij%.-nn/, llaynesgroUDlnc.coliI PLAN EXECUTE DELIVER 3 Proposal The Haynes Group Inc. Job# 17011 Orangetheory Andover Flooring - materials- Ceramic Tile- Bathrooms & Showers Furnish materials: Ceramic tile per OTF specifications. Flooring - materials- Rolled Rubber Flooring & Wall Rubber Furnish materials: Sport rolled rubber flooring per OTF specifications. Flooring - materials- Vinyl Base Furnish materials: Sport rolled rubber flooring per OTF specifications. Flooring - materials- Ceramic Tile- Lobby -Halfway, Janitor Closet & Office Furnish materials: Ceramic tile in Lobby, Hallway, Janitor Closet, & Office Soho Anthracite 24x24 per OTF specifications. Flooring - Install- Ceramic Tile- Lobby -Hallway, Janitor Closet & Office Furnish materials: Ceramic tile in Lobby, Hallway, Janitor Closet, & Office Soho Anthracite 2424 per OTF specifications. Flooring - labor- Ceramic Tile Bathrooms, Showers, & Rolled Rubber Labor to install. Ceramic tile, vinyl base and sports rolled rubber flooring per OTF specifications. Painting Furnish & install. Prep, prime, and paint per 0TH specifications. Painting -Ceiling Subtotal Finishes Specialties Bath Accessories Furnish & install: Toilet and shower accessories per OTF specifications Complete Graphics Package- Allowance Allowance for interior graphics package per OTF specifications. Excludes exterior signage. Subtotal Specialties OTF Equipment Onsite AED & Cabinet Philips Headstart Onsite AED Model #M5066A, Defibrillator Cabinet with Sign Model #989803136531 Lit Sign-112'5r37"x5': OT6041362 Freight 10 Ft Reception Desk (LorR)-OT005 8 Ft Straight Retail Wall Unit w/Soffit-OT022 65,276.25 9,375.00 14 Norfolk Ave. South Easton MA. 02375 508-230-9494(P) 866-209-5412(F) a nvw.haynesgroupinc.com PLAN EXECUTE DELIVER 4 Proposal The Haynes Group Inc. Job# 17011 Beverage Cooler-OT2011934 Lobby Bench-OT012 Bathroom Bench-OT013 Bathroom Shelf-OT014 Lockers Furnish the following: (7) Six -Tier Model F Lockers. (1) PL Filler Panel. 10' of PL Base Trim. Freight Tax National Main Sound System National Televisions System- Required Furnish and Install the following: Items required to be Purchase through MAE Blue Ray player w/ USB Mounts for above TV's HDMI Splitter- package - V2 HDMT video interface package HDMI custom jumper cables - bulk Installation/ Setup/ programming Electrical Surge - package Shipping & Handling to Orange Theory Apple TV package (with mount/ keyboard) Excludes TV- OwnerProvides TV's National Bathroom & Lobby Sound System Orangetheory Andover National Security System Subtotal OTF Equipment w 46,519.44 Fire Suppression Fire Suppression Fumish & install. Drop new sprinkler heads into acoustical ceiling system for new height and layout. Excludes fire pump. Subtotal Fire Suppression 6,290.00 Plumbing Plumbing Fumish & install: Install in -wall and underground rough plumbing for restrooms, shower rooms and janitor room. Restrooms to receive (2) toilets, (2) wall hung sinks and faucets and (4) floor drains. Shower rooms to receive (2) ADA shower heads and temp control valves and shower floor drains and (2) floor drains outside 14 Nlorfolk Ave. South Easton MA, 02375 508-230-9494(P) 866-209-5412(F) vnvw. haynesgroupinC.Con; PLAN EXECUTE DELIVER 5 Proposal The Haynes Group Inc. Job# 17011 of shower. Janitor room to receive (1) mop sink. (1) ADA water cooler with bottle filler feature. (1) 40 Gallon electric hot water heater. Install gas piping for (1) 4 Ton RTU and (1) 12.5 Ton RTU. Includes pipe insulation. Includes 1 "Sub water meter. Orangetheory Andover Subtotal Plumbing 37,740.00 HVAC HVAC Furnish and install 1-5 Ton RTU, Economizer and Standard Roof Curb Provide Rigging Furnish and install 2" insulated sheet metal supply & return air ducting for distribution of 2- Existing 7.5 Ton Roof Top Units & New 5 Ton RTU Furnish and install Registers, Grilles & Diffusers as required Furnish and install Automatic Temperature Control wring and 3- programmable thermostats Furnish and install 1- Greenheck Model GRS-10 Roof Ventilator & Standard Roof Curb- Fumish and install 4- Ceiling mounted exhaust fans and associated ducting for 2-restrooms, 2- shower rooms - Install Duct Smoke Detectors —Provided by the Electrical Contractor Provide Independent Certified Air Balance Provide start up and operations check Subtotal HVAC Electrical Electrical Furnish & install. Cut, cap, make safe. General distribution. Outlets, switches, j boxes. Power to plumbing and hvac equipment. Install lighting package. Power to speakers. Power to CCTV. Power to phone - tel / data rings and strings. Fire Alarm Furnish & install. Add Fire alarm devices for new layout. Programing and testing. LED Lighting Package- Allowance Furnish OTF LED lighting package. Allowance 14 Norfolk Ave. South Easton ivi& 02375 508-230-9494(P) 866-209-5412(F) PLAN EXECUTE DELIVER 47,500.00 w,4,jvv.haynesgroupinc.coin Proposal The Haynes Group Inc. Job# 17011 OrangetheoryAndover Tel-Data-Av- Speaker Wiring Electrical- Addition 200am Service Furnish and Provide the Following: Additional200amp Service 200amp Panel with breakers Max 120' from main Electrical Room Subtotal Electrical GRAND TOTAL: ADD/ALT Qualifications: Based on normal working hours. Based on open shop labor. No union wages includes. This proposal is applicable for 30 days from the date on proposal Exclusions: All OTF Equipment and FF&E unless stated in proposal. Alternate: #1: Acoustic -tile in lieu of rolled rubber: ADD: $12,750 73,472.50 $331,160.19 14 Norfolk Ave. South Easton MA. 02375 508-230-9494(P) 866-209-5412(F) +rAAV.haynesgroupinc.com PLAN EXECUTE DELIVER 7of7 nCOMcheck Software Version 4.0.5.0 �( Interior Lighting Compliance Certificate Project Information Energy Code: 2012 IECC Project Title: Orange Theory - Andover, MA Project Type: New Construction Construction Site: Owner/Agent: Designer/Contractor. 554 Turnpike Road North Andover, MA 01845 Additional Efficiency Package Unspecified Allowed Interior Lighting Power A B C D Area Category Floor Area Allowed Allowed Wafts (ft2) Wafts / ft2 (B X C) 1 -Gymnasium 2948 1.10 3243 Total Allowed Watts = 3243 Proposed Interior Lighting Power A B C D E Fixture ID : Description / Lamp / Wattage Per Lamp / Ballast Lamps/ # of Fixture (C X D) Fixture Fixtures Watt. 1 -Gymnasium Fixture "1": Recessed Downlight: Other: 1 18 21 378 Fixture "2": 3 head Track Fixture: Other: 3 1 50 50 Fixture "3": Decorative Reception Desk: Other: 3 3 100 300 Fixture "4": Utility 2x4: Other: 1 1 35 35 Fixture "4A": Utility 2x2: Other: 1 1 30 30 Fixture "4B": Utility Strip: Other: 1 1 25 25 Fixture "5": Downlight: Other: 1 4 18 72 Fixture "6": Shower Room Downlight: Other: 1 6 18 108 Fixture "7": Shower Downlight: Other: 1 2 18 36 Fixture "9": Gym Fixture: Other: 1 30 49 1470 Fixture '12": "Cleaning" lights: Other. 1 20 20 400 Total Proposed Watts = 2904 Interior Lighting PASSES: Design 10% 6etter than code Interior Lighting Compliance Statement Compliance Statement. The proposed interior lighting design represented in this document Is consistent with the building plans, specifications, and other calculations submitted with this permit application. The proposed Interior lighting systems have been designed to meet the 2012 IECC requirements in COMcheck Version 4.0.5.0 and to comply with any applicable mandatory requirements listed in the Inspection Checklist. Nit46,ti' Donnvao - Desi) W n(x&L� . NpYtet � colo%<� Name - TitleSignature Date Project Title: Orange Theory - Andover, MA Report date: 06/08/17 Data filename: Untitled.cck Page 1 of 6 COMcheck Software Version 4.0.5.1 Mechanical Compliance Certificate Project Information Energy Code: Project Title: Location: Climate Zone: Project Type: Construction Site: 554 Turnpike Road North Andover, MA 01845 Additional Efficiency Package Unspecified 2012 IECC Orange Theory - Andover, MA Andover, Massachusetts 5a New Construction Owner/Agent: Designer/Contractor: Mechanical Systems List Quantity System Type & Description 1 RTU -3 (Single Zone): Heating: 1 each - Central Furnace, Gas, Capacity = 80 kBtu/h Proposed Efficiency = 80.00% Et, Required Efficiency = 80.00% Et Cooling: 1 each - Single Package DX Unit, Capacity = 38 kBtu/h, Air -Cooled Condenser, Air Economizer Proposed Efficiency = 15.00 SEER, Required Efficiency: 13.00 SEER Fan System: None Mechanical Compliance Statement Compliance Statement: The proposed mechanical design represented in this document is consistent with the building plans, specifications, and other calculations submitted with this permit application. The proposed mechanical systems have been designed to meet the 2012 IECC requirements in COMcheck Version 4.0.5.1 and to comply with any applicable mandatory requirements listed in the Inspection Checklist. '�J 'n F� *A-dw 0-tS•wlnters - tOCS'.yw/ i"b /'�- i a 117 Name - Title Signature Date Project Title: Orange Theory - Andover, MA Report date: 06/09/17 Data filename: P12016 Projects\16528RT\Andover MA\Mechanical\Comcheck\Mechanical Comcheck.cck Page 1 of 8 V � � �� I / W .lam �f��-jG �. )� Cl. \: J }_ ca e f § . � � �� MEMBER MA & NH BAR PETER Ga SHAHEEN ATTORNEY AT LAW CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 (508) 689-0800 NORTH ANDOVER, MA 01845 FAX (508) 794-0890. Internet address: PGSlaw@aol.com Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 ,So , Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 9th da,- of 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of PBJ Development, Inc. for review of a decision made by appointed authority with regard to a sign permit. By the Order of the Board of Appeals William J. Sullivan, Chairman The applicant is responsible for payment of legal fee Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERIVCES 146 Main Street North Andover, i Massachusetts 01845 Notice is hereby given i that the Board of Appeals will hold a public.hearing at the Senior Citizen's Cen- jl ter located at the rear of Town Hall Building, 120 Main Street, North Andover, MA on Tuesday the 9th day of July, 1996 d at 7:30 o'clock P.M. to all 'J parties interested in the appeal of PBJ Develop- ment, Inc. for review of a decision made by appoint- ed authority with regard to a sign permit. By the Order of the Board of Appeals William J. Sullivan, Chairman E -T — June 14, 1996 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 1� Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 'lD , Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 9th day of July 1996 at 7.30 o'clock P.M. to all parties interested in the appeal of PBJ Development, Inc. for review of a decision made by appointed authority with regard to a sign permit. By the Order of the Board of Appeals William J. Sullivan, Chairman The applicant is responsible for payment of legal fee BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 FAX - 794-0890 ATTORNEYPETERSHAHEEN RE: LEGAL NOTICE FOR PBJ DEVELOPMENT,INC MEETING: JULY 9, 1996 FROM: ZONING BOARD OF APPEALS - JEANNINE MCEVOY PLEASE LET ME KNOW WHEN AND WHERE THIS NOTICE WILL BE PUBLISHED IN THE NEWSPAPER. I CAN BE REACHED MONDAY, WEDNESDAY, THURSDAY, 9 AM TO 2 PM AND TUESDAY 9 AM TO 1 PM. ZBA TEL NUMBER 688-9541. Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 r10RTH 0 O to Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover, MA. on Tuesday the 11th day of June 1996 at 7:30 o'clock P.M. to all parties interested in the appeal of PBJ Development, Inc. for review of a decision made by appointed authority with regard to a sign permit. By the Order of the Board of Appeals William J. Sullivan, Chairman BOARD OF APPEALS 688-9541 BUILDING 688-9545. CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 WILLIAM J. SCOTT Director kj Aw Town of North Andover JOYCE N CLERK OFFICE OF NO COMMITY DEVELOPMENT AND SERVICES JUL 23 '36146 Main Street North Andover, Massachusetts 01845 POARD OF APPEALS T^I'M OFFICE BUILDI170 At— �Lr ANDOVER , r;.� r�. BOARD OF APPEALS NOTICE OF DECISION Any appeal shall be filed within (20) days after the date of of this Notice in the Office of the Town Clerk. Property:550 Turnpike St PBJ Development Date: 7/23/96 550 Turnpike Street Petition: 020-96 North Andover MA 01845 Date of Hearing: 7/9/96 The Board of Appeals held a regular meeting on Tuesday evening,July 9, 1996 upon the petition of PBJ Development requesting an Appeal as the Aggrieved Party from the decision of the Building Commissioner denying a sign permit for a pylon sign at the Crossroads located at 550 Turnpike St. The following members were present and voting: Raymond Vivenzio, Robert Ford, Scott Karpinski, Ellen McIntyre, and Joseph Faris. The hearing was advertised in the North Andover Citizen on 6.14.96 & 7.26.96 and all abutters were notified by regular mail. Upon a motion by Scott Karpinski and seconded by Raymond Vivenzio the Board voted to GRANT the request of the petitioner as the party aggrieved. The Board voted to permit the pylon sign, as submitted in evidence, with the modifications on the basis that the sign completely meets the Zoning By -Law. Members in favor of the Petition were: Raymond Vivenzio, Robert Ford, Scott Karpinski, Eller. McIntyre, and Joseph Faris. Board of Appeals William Sullivan, Chairman` The petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that the granting of these variances will not adversely affect the BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 JUN r a a BOARD OF APPEA. PETER G. SHAH FEN' MEGAN J. TAYLOR ADMITTED IN MA & NN LAW OFFICE OF PETER G. SHAHEEN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 NORTH ANDOVER, MASSACHUSETTS 01845 June 5, 1996 Kathleen Bradley Colwell Town Planner Town of North Andover 146 Main Street North Andover, MA 01845 RE: CrossRoads Shopping Plaza Pylon Sign Permit Dear Kathleen: TELEPHONE 508 689-0800 FAX 508 794-0890 As you know I have filed an appeal as a party aggrieved from the decision of the Building Inspector denying our permit for our pylon sign. I understand that the Building Inspector has denied this permit because of your request that it be denied. I am requesting that you reconsider your decision regarding our pylon sign and that you approve the pylon sign as previously submitted as an insignificant modification to the site plan approval permit. As you are aware, under the site plan approval permit as well as under section 8.36 of the zoning by-law, you have the authority to make changes should they be. deemed to be insignificant. I am suggesting that this change is insignificant in that the pylon sign is a very minor part of the overall site plan. We would appreciate if you could give this your immediate attention so that if a hearing before the Zoning Board of Appeals is unnecessary, I will have time to cancel the le,aring and the legal publication. Thank you for your attention to this matter. Ve truly yours, Peter G. Shaheen PGS:eaa cc: William Scott Bob Nicetta Zoning Board of Appeals 06 25/199 G 10: 54 50OJ 940890 SHAHEEN LA -1,k,' OFFIt'ES PAGE 01 r Town of North .Andover MORTH OFFICE OF °•'"'° ``,�o COMMUNITY DEVELOPMENT AND SERVICES } . . . 146 Dain Street North Andover, Massachusetts 01845'► A�;•�,a -�''1y tss^C MUSEt ,Tune 10, 1996 Peter Shaheen, Esq. JUN 2 6 fcP 565 Turnpike Street, Suite 81 North Andover, MA 01845 Re: Crossroads Shopping Plaza Entrance Sign Dear Attorney Shaheen, I am in receipt of vour request that I deem the requested change from a wooden entrance sign to a plastic and aluminum internally lit entrance a minor modification. I am unable to make this determination. Item 12, Table 2, Section 8.34 of the Zoning Bylaw requires an applicant to submit the ".. , location, height, and materials to be used for al ... signs located on the site.". In respotlse to this requirement you submitted, as part of your site plan review application, a plan created by Design partnership Architects Inc. showing a 20' high sign with painted wood columns, raised letters on a painted background, with a painted wood cap and trim molding. 'The sign was lit by a spot light on the ground and contained only the name "Crossroads". This sign was also featured on the building elevations presented at the public hearing. The design was subsequently approved by the Planning Board as part of the approval for this project. The proposed revised sign is also 20' high, .however it contains columns of extruded aluminum, with composite molding cap, and an opaque beige face with burgundy illuminated letters. The sample material submitted to the Planning Board for review was acrylic with peal off plastic letters, The sign also contained a list of all of the businesses in the plaza, not simply the name "Crossroads". -t The sign is materially different from the original sign submitted by you with your application, presented at the public hearing and approved by the Planning Board as part of the Site Plan approval for this project. The Planning Board's approval for this project specifically requires that all signs be constructed of wood. All of the other signs for this site are constructed of wood. Given the substantial difference between the two signs, I cannot deem the change insignificant. Under Section 8.36 of the Zoning Bylaw, "if the revisions to the site plan are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the 06/2511995 10:54 508 940890 SHAHEEP! LAW OFFICE'= PAGE 02 applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section." Please let me know if you would like to bring this issue before the Planning Board, Very truly yours, Kathleen Bradley Colwell Town Planner cc. W. Scott, Dir, CDS I Malioney, Chair PB B. Nicetta, Building Insp. , x:'1996 1��: 5a S��S79a� 94� SH;;HEcH L 4.! OFFP: E'= PAGE 01 I Town of North Andover ,} s`4HORTy OFFICE OF oe COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Sweet North Andover, Massachusetts 01845 t sSA� wu�t ,lune 10, 1996 ;p' ri, Peter Shaheen, Esq. JUN 2 6 1996 565 Turnpike Street, Suite 81 North Andover, MAO 1845 Re: Crossroads Shopping Plaza Entrance Sign Dear Attorney Shaheen, I am in receipt of your request that I deem the requested change from a wooden entrance sign to a plastic and aluminum internally lit entrance a minor modification. I am unable to make this determination. Item 12, Table 2, Section 8.34 of the Zoning Bylaw requires an applicant to submit the ". , ..location, height, and materials to be used for al ... signs located on the site." In response to this requirement you submitted, as part of your site plan review application, a plan created by Design partnership Architects Inc. showing a 20' high sign with painted wood columns, raised letters on a painted background, with a painted wood cap and trim molding. The sign was lit by a spot light on the ground and contained only the name "Crossroads". This sign was also featured on the building elevations presented at the public hearing. The design was subsequently approved by the Planning Board as part of the approval for this project. The proposed revised sign is also 20' high, however it contains columns of extruded aluminum, with composite molding cap, and an opaque beige face with burgundy illuminated letters. The, sample material submitted to the Planning Board for review was acrylic with peal off plastic letters. The sign also contained a list of all of the businesses in the plaza, not simply the name "Cro's'sroads" 4C The sign is materially different from the original sign submitted by you with your application, presented at the public hearing and approved by the Planning Board as part of the Site Plan approval for this project. The Planning Board's approval for this project specifically requires that all signs be constructed of wood. All of the other signs for this site are constructed of wood. Given the substantial difference between the two signs, I cannot deem the change insignificant. Under Section 8.36 of the Zoning Bylaw, "if the revisions to the site plan are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the F75: 25/ 1995 10:54 50:31T340319�� SH HEE I L 4! i�FFI:.E' PAGE @2 applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section." Please let me know if you would like to bring this issue before the Planning Board. Very truly _yours, Kathleen Bradley Colwell Town Planner cc_ W. Scott, Dir, CDS J, Mahoney, Chair PB B. Nicetui, Building Insp. ..Ir b. No wall or roof sign shall extend more than four (4) feet above the lowest point of the roof of the building With which it is associated. C. No wall or roof sign shall overhang the public way more than twelve (12) inches. d. Ground signs shall be set back a minimum of ten (10) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures and shall be limited in height to twenty (20) feet above ground. 6.7 Prohibitions 1. No sign shall contain any moving, flashing, or animated lights, or visible moving or movable parts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. 2. No sign shall be erected, displayed, or maintained: a. Upon any rock, tree, fence, or utility pole; b. If it contains any obscene, indecentor immoral matter; , C. Unless all parts and attachments and the ground about the base thereof are kept in neat and safe conditions. 3. No sign shall be permitted or allowed to be so located as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. 4. No sign shall obstruct any means of egress from a building. 5. No sign shall detract from the effectiveness of a traffic signal. 6. No political sign shall be maintained or erected in the Town. 7. Projecting signs are prohibited. 8. Non -accessory signs are prohibited except for directional signs as allowed in Section 6.52 6.8 Severability The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision hereof. 6.9 4. Non-conformance of Accessory Signs: Accessory signs legally erected before the adoption of this Bylaw which do not conform to the provisions of this Bylaw may continue to be maintained, provided, however, that no such sign shall be permitted is it is, after the adoption of this Bylaw, enlarged, reworded (other than in the case of theater or cinema signs or signs with periodically changing messages), redesigned or altered in any way, repainting in a different color, except o conform to including requirements of this Bylaw; and provided further that any such sign which has deteriorated or been damaged to such an extent that the cost of restoration would exceed thirty-five percent (35%) of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this Bylaw. Any exemption shall terminate with respect to any sign which: a. shall have been abandoned; a _ b. advertises or calls attention to an businesses or activities rsold for which are no longer carried on, whether generally or at the particular premises; or C. shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Sign Officer. 6.5 41411�o*ed°iS-gns 1. Residence Districts: Accessory Signs a. One sign displaying the street number and/or name of the occupant of the premises not exceeding foot in area. Such sign may include identifi ationare of an accessory professional office, home occupation, or other accessory uses permitted in a residence district. b. one .unlighted, temporary "For Sale" or "For Rent" sign not exceeding6 square feet in area and advertising .only{the premises on which it is located '`to be removed fourteen (14) days after sale, rental or lease. C. one unlighted contractor's sign, not exceeding 12 I� square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such sign shall be removed promptly after completion of the construction. 6.5 d. One unlighted identification sign at each public entrance to a subdivision not exceeding 12 square feet in area; to be removed when the subdivision is completed. e. One identification sign at each public entrance to a multi -family development not exceeding 12 square feet in area. f. Bulletin or announcement boards, identification signs or entrance markers for a church, synagogue, or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two (2) signs allowed on the premises. g. One sign for a non-residential use that is a permitted use, a use allowed by Special Permit, or a legal non -conforming use. The sign may be no more than one-half the area that would be allowed if the sign were in a business or industrial district. Accessory, professional, home occupation, and other permitted uses are subject to Section 6,(1) a). h. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; ie.;, no hunting, no trespassing, etc. 2. Residence Districts: Non -accessory Signs a. Directional signs by Special Permit from the.Board of Selectmen, limited as follows: 1. Two signs for each activity, not exceeding 611X 30" in size. 2. 1 Ground signs not exceeding 8 feet in'height.. b. Street banner or signs advertising a public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. 3 < - - �;��'a�r�l 'Irnaus�t;r�al �Dist;r:c:ts 4�J�'Acceesory; a. All signs permitted in residence districts as provided in Sections 6.51 and 6.52. b. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. 6.6 C. Traffic control, orientational and guidance signs located on private property, up to 4 square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances.and the like. d. Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of 1 square foot for each establishment occupying the building. e. One unlighted, temporary real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within fourteen (14) days of sale, rental or lease. f. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. The allowed ground sign area may be divided between one ground sign and one free-standing sign. Two additional primary ground signs may be allowed by Special Permit from the Special Permit awarding authority. g. Display window signs covering no more than 20 percent (20%) of the display window area. 6.6 Sign Regulations 1. .I—lumination No sign shall be illuminated between the hours of 12 midnight and 6:00 a.m., unless, in the case of an accessory sigr,, the premises on which it is located are open for business. Signs may be illuminated by the following means without causing hazardous conditions for motorists of offending pedestrians or neighboring premises: a. by a steady stationary light. of reasonable intensity shielded and directed solely at the sign; an;-Internalli ht-, of, reasonable.. intensity; or, eta c. by neon or gas-filled tubes. 2. Outdoor Lighting All temporary or permanent outdoor lights, such as those used for area lighting, building floodlighting, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. 6.7 5. 3. Letter Signs a. Primary Signs 1• Wall or roof sign: 1/2 inch of letter height allowed per foot of building frontage with a maximum of seven (7) feet. allowed if the building frontageteen (18) inch thirty-six (36) feet. g is less than 2. Ground sign: Eighteen (18) inch maximum letter height allowed. b. Secondary Signs Eight (8) inch maximum letter height allowed C. Logos Twice letter height foot maximum height. 4. Sign Size allowed but limited to seven (7) a. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent 10% the two dimensional elevation of the f the area of detheight. ermined by the building frontage multiplied building as' y the b. A primary ground sign shall be limited square foot for each five to one (5) linear feet of street frontage of the lot on which the sign is located. All street frontages may be used in determining sign size. C. A secondary sign shall be limited to one-half (1/2) the area permitted for a primary sign. d• Only one side of a double-faced sign shall be,includ in calculating surface area;. providing that the two (2) display surfaces arides nod at an angle no 45 degrees. greater than from an p f multi -faced signs, visible calculation of one areahall be included in the Sign Height and Location a. Corner Lots the owner of thepremiseI shall allowed to choose the street orientation sof allowedbe signs. M 4. Non-conformance of Accessory Signs: Accessory signs legally erected before the adoption of this Bylaw which do not conform to the provisions of this Bylaw may continue to be maintained, provided, however, that no such sign shall be permitted is it is, after the adoption of this Bylaw, enlarged, reworded (other than in the case of theater or cinema signs or signs with periodically changing messages), redesigned or altered in any way, repainting in a different color, except o conform to including requirements of this Bylaw; and provided further that any such sign which has deteriorated or been damaged to such an extent that the cost of restoration would exceed thirty-five percent (35%) of the replacement cost of the sign at the time of the restoration shall not be repaired or rebuilt or altered except to conform to the requirements of this Bylaw. Any exemption shall terminate with respect to any sign which: 6.5 a. shall have been abandoned; b. advertises or calls attention to any products, businesses or activities which are no longer sold or carried on, whether generally or at the particular premises; or C. shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the Sign Officer. 6.5 i .�a S :"s 1. Residence Districts: Accessory Signs a. One sign displaying the street number and/or name of the occupant of the premises not exceeding 1 square foot in area. Such sign may include identification an accessory professional of other accessory office, home occupation, or uses permitted in a residence district. �.' b. one :*unlighted, temporary "For Sale" or "For Rent" sign not exceeding6 square feet in area and advertising only -.the premises on which it is locateda`to be removed fourteen (14) days after sale, rental or lease. C. One unlighted contractor's sign, not exceeding 12 square feet in area, maintained on the premises while construction is in process and containing information relevant to the project. Such ' sign shall be removed promptly after completion of the construction. 6.5 d. One unlighted identification sign at each public entrance to a subdivision not exceeding 12 square feet in area; to be removed when the subdivision is completed. e. One identification sign at each public entrance to a multi -family development not exceeding 12 square feet in area. f. Bulletin or announcement boards, identification signs or entrance markers for a church, synagogue, or institution, not exceeding a combined total of 30 square feet and provided that there shall be no more than two (2) signs allowed on the premises. g. One sign for a non-residential use that is a permitted use, a use allowed by Special Permit, or a legal non -conforming use. The sign may be no more than one-half the area that would be allowed if the sign were in a business or industrial district. Accessory, professional, home occupation, and other permitted uses are subject to Section 6,(1) a). h. Notwithstanding any other provisions of this Bylaw, signs may be erected for posting land; ie., no hunting, no trespassing, etc. 2. Residence Districts: Non -accessory Signs a. Directional signs by Special Permit from the Board of Selectmen, limited as follows: 1. Two signs for each activity, not exceeding 6"x 30" in size. 2. Ground signs not exceeding 8 feet inJ'height. b. Street banner or signs advertising a .;public or charitable entertainment or event, by Special Permit from the Board of Selectmen. Such a sign shall be removed within seven (7) days after the event. 3. "T�ndustralpitcts `Acgesso a. All signs permitted in residence districts as provided in Sections 6.51 and 6.52. b. Each owner, lessee, or tenant shall be allowed a primary and a secondary sign. Said signs may be used as ground, wall, or roof signs. No lot shall be allowed to have more than one (1) ground sign structure. 6.6 C. Traffic control, orientational and guidance signs located on private property, up to 4 square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances.and the like. d. Building directories (if located outside) may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of 1 square foot for each establishment occupying the building. e. One unlighted, temporary real estate sign of up to 12 square feet pertaining to the sale, rental or lease of the premises; to be removed within fourteen (14) days of sale, rental or lease. f. Service stations or garages may divide the allowed wall sign area into separate, smaller wall signs indicating separate operations or departments. The allowed ground sign area may be divided between one ground sign and one free-standing sign. Two additional primary ground signs may be allowed by Special Permit from the Special Permit awarding authority. g. Display window signs covering no more than 20 percent (20%) of the display window area. 6.6 Sign Regulations 1. =:Illumination No sign shall be illuminated between the hours of 12 midnight and 6:00 a.m., unless, in the case of an accessory sigr,, the premises on which it is located are open for business. Signs may be illuminated by the following means without causing hazardous conditions for motorists of offending pedestrians or neighboring premises: a. by a steady stationary light of reasonable intensity shielded and directed solely at the sign; ysb...." ,'by--an�. internal-i-ic -of reasonabl,e, intensity; or, C. by neon or gas-filled tubes. 2. Outdoor Lighting All temporary or permanent outdoor lights, such as those used for area lighting, building floodlighting, shielded sources directed so that the light source is not directly visible to any point beyond the lot lines of the premises. 6.7 5. 3. Letter Signs a. Primary Signs 1• Wall or roof sign: 1/2 inch of letter allowed per foot of building fronta geheight maximum of seven (7) feet. Ei hteen with a g allowed if the building frontae (18) inch thirty-six (36) feet. g is less than 2. Ground sign: Eighteen (18) inch maximum letter height allowed. b. Secondary Signs Eight (8) inch maximum letter height allowed C. Logos Twice letter height foot maximum height. 4. Sign Size allowed but limited to seven (7) a. Primary wall and roof signs attached to or part of the architectural design of a building shall not exceed, in total area, more than ten percent the two dimensional elevation °f10�) °f the area of determined by the building frontage multiplied building the as - height. y the b. A primary ground sign shall be square foot for each five linfeet to one (1) ( frontage of the lot on whichthe sienris located street street frontages may be used in determining sign size. C. A secondary sign shall be limited to one-half1 2 area permitted for a primary sign. ( ) the d• only one side of a double-faced sign shall be included in calculating surface area; providing that the two (2) display surfaces are joined at an angle no greater than 45 degrees. All sides of multi -faced signs, visible from any one poi-nt,shall be included in the calculation of surface area. Sign Height and Location a• Corner Lots the owner of the allowed to choose the street orientation on premisesshallsigns. allowed W. b. No wall or roof sign shall extend more than four (4) feet above the lowest point of the roof of the building with which it is associated. C. No wall or roof sign shall overhang the public way more than twelve (12) inches. d. Ground signs shall be set back a minimum of ten (lo) feet from all property lines and a minimum of forty (40) feet from all residential districts or structures and shall be limited in height to twenty (20) feet above ground. 6.7 Prohibitions 1. No sign shall contain any moving, flashing, or animated lights, or visible moving or movable parts, except such portions of a sign as consist solely of indicators of time and/or temperature, or which have historic significance. 2. No sign shall be erected, displayed, or maintained: a. Upon any rock, tree, fence, or utility pole; b. If it contains any obscene, indecent, or immoral matter; C. Unless all parts and attachments and the ground about the base thereof are kept in neat and safe conditions. 3. No sign shall be permitted or allowed to be so located as to obstruct a view of the rights of way at a corner of intersecting streets or at an entrance to a street. 4. No sign shall obstruct any means of egress from a building. 5. No sign shall detract from the effectiveness of a traffic signal. 6. No political sign shall be maintained or erected in the Town. 7. Projecting signs are prohibited. 8. Non -accessory signs are prohibited except for directional signs as allowed in Section 6.52 6.8 Severability The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision hereof. 6.9 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES UU � 2,- 1996 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 Memorandum To: William Sullivan, Chairman, Zoning Board of Appeals From: Kathleen Bradley Colwell, Town Planner V\ P-)C— Date: July 1, 1996 Re: 550 Turnpike Street - "The Crossroads" Sign Permit ,I Per your request, attached for your review are copies of the Planning Board's conditional site plan review approval, the sign details provided by the applicant with their application and a short chronology. The conditional site plan review approval contains the minutes of the meetings. On November 14, 1994, the applicant, PBJ Development submitted an application for site plan review. As a part of their application PBJ Development submitted a detail of a primary ground sign as shown on Sheet A-3 on plans titled "Crossroads, Turnpike St. Rt. 114, N. Andover, MA" prepared by Design Partnership Architects Inc., Three Washington Square, Suite 400., Haverhill, Massachusetts, 01830. (See attached copy) On December 6, 1996 the Planning Board held a public hearing on PBJ Development's application for site plan review. The minutes reflect the intent of PBJ Development not to have individual names on the entrance sign but to have individual wooden signs over each business. On January 3, 1995 PBJ representative Peter Shaheen again stated at the public hearing that the entrance sign would simply be a signature sign, the stores names will be on the building itself. (See attached highlighted sections of the minutes) On April 5, 1995 the Planning Board conditionally approved the application for site plan review with specific reference to Sheet A-3 on plans titled "Crossroads, Turnpike St. Rt. 114, N. Andover, MA" prepared by Design Partnership Architects Inc., Three Washington Square, Suite 400, Haverhill, Massachusetts, 0 183 0. (See page 7 of the conditional approval) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell On May 3, 1996, the Building Inspector requested my comments on the sign permit application submitted by No. Andover Crossroads/ LTD. Partnership (Peter Shaheen). I disapproved the sign permit application as it was not in keeping with the approved sign as submitted by PBJ to the Planning Board. (See attached copy) On June 5, 1996, after the appeal to the ZBA had been filed, the applicant, Peter Shaheen, requested that I reconsider my disapproval of the sign permit application and deem the changes in the sign insignificant. (See attached copy) On June 10, 1996, I responded to Mr. Shaheen's request and declined to deem the changes insignificant. As the revisions are substantial and materially different the applicant was directed to resubmit the site plan to the Planning Board in accordance with the provisions of the Zoning Bylaw. (See attached copy) As of this date, PBJ Development has not submitted any additional correspondence to the Planning Board or my office requesting a modification to the site plan review approval from the Planning Board. Cc. B. Scott, Director CD&S J. Mahoney, Chair, PB B. Nicetta, Building Inspector p�j l�6 8QA�0 _ a ' CE FRAU TOWN OF NORTH ANDOo,1OWNCLERK MASSACHUSETTS N4RTNANDOVER Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. MORTM 01 1ti '. O SSACMUSE NOTICE OF DECISION GFR 5 3 U5 N `55 Date. April 5: 1995 Dec •6 : Dec . 20:1994 Jan.Date of Hearing Jan. 3, •....., Feb 7, Feb. 21, Mar. 7, 1995 Mar. 21, Apr. 4, 1995 PBJ Development Corp. Petitionof ................................................................ Premises affected 550 Turnpike Street Referring to the above petition for a special permit from the requirements so as to of the .Nork�.���vver.2oning.8Ylaw.-.Section. S. 3. Site. Plan.RQview.., a�7 PYA.h�. CPnsttucion. of. two. buildings. totaling. 29, 000• sq.. ft. to be used for retail stores and a restaurant. ................................................................. A'17telIr a public hearing given on the above date, the Planning Board voted App0VEONALLY SPECIAL PERMIT to................the.:...................................................... CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties based upon the following conditions: Signed Richard A. Nardella, Chairman ................................ Joseph Mahoney, Vice Chairman ................................ .Ri.cj"r d Rawe n.,..C.LerJc ........... Alison Lescarbeau ................................ - John Simons ... ' . ' ...planning . Board KAREN H.P. NELSON Dikdor BUILDI'1 G CONSER ATION HEALTH PLANNING Of ,+OHiH 1ti tr : Town of 0 n NORTH ANDOVER S'SACMUSE DIVISION OF PLANNING & COMMUNITY DEVELOPMENT Ms. Joyce Bradshaw, Town Clerk, 120 Main Street North Andover, MA 01845 Dear Ms. Bradshaw: April 5, 1995 120 Main Street, 01845 (508) 682-6483 Re: Special Permit - Site Plan Review - The Crossroads The North Andover Planning Board held a public hearing on December 6, 1994 in the Senior Center behind the Town Building, upon the application of PBJ Development (Peter Shaheen) 565 Turnpike Street, North Andover, MA., requesting a Special Permit under section 8.3 (Site Plan Review) of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 16 and November 23, 1994 and all parties of interest were duly notified. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and John Simons. The petitioner was requesting a special permit to allow the construction of two buildings totaling 24,000 sq. ft. to be used for retail stores and a restaurant on property located at 550 Turnpike Street. Mr. Rowen read the legal notice to open the public hearings. r Attorney Peter Shaheen, 565 Turnpike Street gave the Planning Board the following information: Kent Mover property on the corner of Route 114 and Hillside Road 24,000 sq.ft. retail center is proposed warehouses currently on the site take buildings down to foundation and re -build with an addition zoned GB kept similar design themes as Chestnut Green walkway between the two buildings Mr. Nardella asked what variances are required. Attorney Shaheen listed the variances: expanding a pre-existing non -conforming use because building is too close to Route 114, need a special permit for this from ZBA taking the majority of the building down, greater than 65%, therefore a special permit from the ZBA is needed to keep non -conforming use status rear and front setback variances required Attorney Shaheen stated that they're not using the total foundation of the existing building, only a portion of it. Mr. Simons asked if the zoning regulations were thrown out, were would the building go. Attorney Shaheen stated that the building is in the.location it should be. Mr. Simons stated the need for an adequate buffer for the neighbors and the need to make a safe access. Mr. Nardella wants something closer to the street with parking in the back. Attorney Shaheen spoke with retailers and retailers stated that the building is not marketable with parking in the back. Mr. Perna stated that the Technical Review Committee stated that the building should be moved up to the street. Abutters do not want parking in the back. Attorney Shaheen cannot get the quality national tenants that the town will want on this site if the parking is in the back. The site is not zoned Village Commercial. Mr. Nardella asked why a 24,000 sq.ft. building, why not stay with 19,000 sq.ft. and create a larger buffer zone. Attorney Shaheen stated that the numbers do not work with a building 19,000 sq.ft.• Mr. Mahoney asked what has been done about traffic. A traffic study was submitted. Ms. Colwell to copy that study for the Planning Board. Attorney Shaheen stated that Mr. David Friend created a traffic impact study for the site based on the Osco Drug site. Mr. Nardella asked how will traffic enter and exit from the site. Attorney Shaheen stated that the curb cut on Hillside Road would be blocked off. There would be two curb cuts on Route 114. State curb cut permit will be required (required as part of the permit). There will be two way traffic, both entrances are exits too. Mr. Friend stated that the driveway away from Hillside Road will have 3 lanes, right and left hand turns, as well as an entrance K d a lane. Ms. Colwell asked how will the lane be marked. Mr. Friend stated that lanes will be striped, no islands. Mr. Mahoney stated that traffic will be of major concern. Mr. Nardella asked what uses will be put in the site. Attorney Shaheen stated that they were looking at a restaurant, family oriented, Blockbuster Video, White Hen Pantry, one general store, general retail, clothing, etc.. He has spoken with a bank. Mr. Nardella expressed concern about permitting something without specific, tenants. What if a structure is permitted and use changes in the future that is not currently accommodated. Mr. Mahoney stated the need to look at what is currently there. He asked how many acres. Attorney Shaheen stated that there are 3.89 acres. Mr. Nardella had questions about other residential properties that may become available in the future. Mr. Simons wants to avoid suburban sprawl, many curb cuts in a small area, and parking surrounding a building. Mr. Simons asked if there was any other access or parking available on adjacent property. Mr. Simons stated that it was a tight site and that the applicant may want to look at shared parking. Attorney Shaheen stated that it was discussed in the process, adjacent business may be amenable to it, will look into it. Dumpster would be located near Micro Electronics. Lighting at the front will be lanterns, similar to those at Chestnut Green. Lighting in the back will be down cast. Mr. Friend stated that shared parking does not generally reduce the parking but may allow the building to shift. Mr.. Nardella discussed buffers and fences. Attorney Shaheen stated that abutters want an eight foot stockade fence. Mr. Robert Nicetta, Building Inspector, stated that the State Fence Statue considers an eight foot fence a spite fence, nothing greater than six feet is allowed. Mr. Mahoney asked why the plan showed one section with chain link fence with green fabric. Attorney Shaheen stated that the fence was currently on site and would be along the drainage swale. Mr. Simons asked what was the existing area of paving. Attorney Shaheen showed the Board were the paving was on the plans. 3 � 1 a Ms. Arcari, Hillside Road, can see the parking area currently from her home. She also expressed concerns about traffic. Mr. Nardella stated he will want a buffer along the residential zone. Attorney Shaheen stated that the site will be developed and. will still need the same amount of parking. Mrs. Ellen Kent stated that something will be built on that property, do not want trucking on the site. She does not want overnight parking, wants controlled lighting. She is in favor of the project as long as certain issues are addressed. The Planning Board members want to review the traffic study. Mr. Nardella stated that under the existing bylaw, they could expand building by 25%. Ms. Marylou Sharman expressed concern about safety on Route 114 and traffic problems in the area. Mr. Simons expressed concerns about the ability to turn into and out of the site. Mr. Nardella asked the applicant to look at traffic issues in response to Hillside Road traffic. Mr. Simons asked what are the building materials. Attorney Shaheen replied that the exterior would be clapboard. He will provide the Board with specific information. Mr. Simons wants a list of projects that the architect has completed. Items to be addressed by the applicant: 1: ability to take a left hand turn into site 2. new trips - additional trips down Hillside Road Mr. Perna asked about signage on the site and green spaces. Mr. Perna also asked about lighting. Attorney Shaheen stated that carriage lamps are not down cast but match Chestnut Green. Landscaping at front has a small white picket fence with landscaping. They will not have business names on an entrance sign, business names will be wood signs over each individual business. Mr. Rowen expressed concern about sale signs on the glass windows, would like to limit area of window to be covered by a sign, as part of the order of condition. He would like to eliminate left hand turn from exit close to Hillside Road. 4 A site visit will be held on Saturday, December 10, 1994 at 8:00 a. m. Mr. Vanett stated that there was a dispute over the property boundaries and location of the shed on his property. Mr. Jay Diano, Hillside Road, concerned about an eight foot fence. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning Board continued the public hearing to December 20, 1994. The Planning Board will want to see elevations for all sides. Ms. Colwell to draft letter to the applicant. On December 20, 1994 the Planning Board held a regular meeting._ The following members were present: Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Richard Nardella, Chairman, was absent. Continued from December 6th, the Planning Board limited discussions to traffic issues only. Mr. David Friend, traffic consultant, walked through the traffic study. no known tenants currently, therefore reviewed as a "specialty retail center" assume retail will not be open in the morning focus on p.m. peak hours concerned that site drives operate safely 24,000 sq.ft. specialty retail center generates approximately 120 vehicle trips - 70 in/50 out assign trips to site drives Although there may be a que of 8 to 10 cars on Hillside Road currently, they are not qued for a long period of time (1 to 3 minutes). Anticipate that 70% of those exiting will use site drive 1, not site drive 2. Pass -by trips - 45% assumed, but generally is higher - took a conservative number, therefore 55% are new trips. Based on the. distribution of where other access points are and where cars are generally going, 5% new trips will be on Hillside Road therefore 4 new vehicles on Hillside Road. The number of new vehicles on Hillside Road during peak hours will be 4 to 5 additional cars. This site will not exacerbate the existing traffic situation. Mr. Simons stated that there was already a queuing problem on Hillside Road, will have a que problem with people trying to get 5 into the site. Mr. Friend stated that site drive 1 has specific left and right hand turn only lanes out of the site. Dan Netti, 105 Hillside Road, stated that Route 114 to Hillside Road comes from two lanes to one lane with a center turn lane. Mr. Friend stated that there were problems with left turn median lanes. Ms. Colwell asked about having one site drive in and one site drive out. Mr. Friend stated that it would cause a queuing problem in the parking lot. Mr. Rowen asked if the exit out to Hillside Road was reviewed. Mr. Friend stated that if Hillside Road access were open in the a.m. it would be used as a cut through, in the p.m. hours it would also be used as a cut through to avoid que. Mr. Rowen and Ms. Lescarbeau both agreed that it would probably not be used as a cut through because too difficult to get through parking lot and around the building. Mr. Mahoney stated that they could close the site to Hillside Road in the a.m. and allow access in from Hillside Road only. Mr. Rowen suggested eliminating exit from site drive 2. Mr. _Simons asked what was the possibility of re-routing the cars out through the Microelectronics parking lot. Peter Shaheen has been discussing access with Microelectronics. Ms. Lescarbeau asked about how many people work there and when do they get out of work. Attorney Shaheen stated that about 50 people work there, did not know when they got out of work. Ms. Lescarbeau asked if that was part of the study. The answer was "yes". Alice Piesons, 125 Hillside Road, did not want to encourage traffic on Hillside Road, concern about traffic exiting out on Hillside Road. Mr. Rowen did not think that a curb cut on Hillside Road would increase the traffic on Hillside Road because the majority of traffic would go back out to Route 114. Mr. Friend stated that it may encourage a small number of cars on Hillside Road. Jay DiOrio, 179 Hillside Road, stated that the exit out to Hillside would encourage traffic, did not want people to drive behind the building. Mr. DiOrio suggested putting Stop signs on Hillside Road where there are other intersections. Mr. Becotte, 136 Hillside Road, concerned about traffic going into the Chestnut Green and the proposed Osco Drug. Bill Warlock, 164 Hillside Road, concerned about traffic on Hillside Road. Ken Osborn, 115 Hillside Road stated that traffic will reduce possibility of gaps on Route 114. Attorney Shaheen stated that once light is put in on Route 114 and Willow Street, there will be gaps in the traffic. Shirley Howe, 5 Hillside Road stated that people currently cut through the Kent property and will continue to cut through if a curb cut is out onto Hillside Road. Mr. Mahoney would like outside review of the traffic study given all the issues raised. Mr. Simons asked if about mandating a cop on Hillside Road. Mr. Rowen believes outside review would be a good idea. Would like to see a plan showing adjacent curb cuts and the roadway layout. Attorney Shaheen stated that this site was reviewed during the Osco discussion, would recommend against additional study. Mr. Mahoney requested that the Merrimack Valley Planning Commission look at the study. Mr. Rowen said to send -to the Merrimack Valley Planning Commission for the following: an opinion bounce off ideas Mr. Simons stated that the Merrimack Valley Planning Commission can give the Planning Board a sense of the study. pedestrian access, need to make the site more pedestrian friendly put on a human scale Ms. Lescarbeau - review of study and a plan. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Planning Board voted to continue the public hearing to January 3, 1995. 7 On January 3, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Atty. Peter Shaheen continued the discussion of the proposed project. Kathleen Bradley Colwell stated that at the last meeting the Planning Board discussed traffic. The traffic study is being reviewed by Merrimack Valley Planning Commission --suggest that conversation be limited to discussion of other issues. Richard Nardella: Does Planning Board want a lantern in the front? Joseph Mahoney: Lantern compliments what is currently at Chestnut Green. John Simons: What are the hours the lights will be on?. Atty. Shaheen: May be kept on all night. One of the concerns is that complex not attract "undesirables" at night. Kathleen Bradley Colwell: would be concerned that lanterns may shine into the street. Richard Nardella: Do not want lights shining all night into the street. Kathleen Bradley Colwell: It is possible to have security lights at night, not the parking lot lights. At the Osco Drug site the hours of lighting were limited. Richard Nardella: how is building,sign illuminated? Atty. Shaheen: Down cast. Phil Busby, Hillside Road, concerned about lighting, what height are the poles? Atty. Shaheen: 18' high pole Kathleen Bradley Colwell: Lighting cannot extend beyond lot boundary. Alice Piesons 125 Hillside Road, concerned about lights. Must be on all night to discourage partying in the back lot. Richard Nardella: Planning Board may not require the construction of the back parking lot. Ms. Piesons concerned that a secluded area is being created. Lynn Accari, Hillside Road: Stated that there may be a 24 hour shift at NE Telephone --no need to light back parking lot. Kathleen Bradley Colwell to talk to Mr. McGarry, Coolidge Construction, about lights. Richard Nardella: What about lighting that is triggered by motion - security lights? Dan Betty 105 Hillside Road wants to match lighting with Chestnut Green. Atty. Shaheen: A planting plan was submitted on sheet A -Z Mr. Busby: commented that a. 41to 5' arborvitae is planned, what about a taller tree? Balance bush with trees spread out along the property line. Landscaping should match the Osco Drug Plan and Chestnut Green. Mix "green" bushes with "colored"bushes. Richard Nardella: What about planters at the retail centers? Atty. Shaheen haven't thought about it, but will look into it. Richard Nardella: What about trash receptacles on site? Richard Rowen: Discussions about Vanett lot. Atty. Shaheen will keep the pines on Vanett lot. Drainage discussion Mike Rosati stated that project has two drainage basins on the site. One section goes to Merrimack College, the other goes to Jasmine Plaza. • s Need a detention pond to catch drainage so that drainage can be tied into state drainage system. Richard Rowen: Question about stores being accessed from both sides. Atty. Shaheen stores will not be accessed from the rear. Alison Lescarbeau: How many stores? Atty. Shaheen 5 to 6 stores Richard Nardella: What if a breakfast place is put at the site? Atty. Shaheen May not put a restaurant in the site because it causes problems with traffic and parking. 9 Richard Nardella: Difficulty with change '? over the long term. Need to reserve parking spaces for employees Ed Becotte 136 Hillside Road: any way to put restrictions on the hours of delivery? Richard Nardella: yes, Planning Board will restrict hours of delivery. As part of traffic review, will pedestrian traffic looked at? Mr. Simons: Need to design entire flow of intersection to provide for pedestrian access. Discussion of pedestrian traffic Discussion of limiting "for sale" signs in the windows --will put this in decision. Discussion of shopping carts --will put this in the decision. Mr. Simons questioned the architectural designs, and whether they are false facades. Asked where are the mechanicals? Atty Shaheen Hidden behind the facade Richard Nardella: Working clock? Atty. Shaheen: Yes John Simons: What is the glass to wall ratio? Atty Shaheen: The more glass the better John Simons: What type of windows/moldings Atty Shaheen will provide the info Richard Nardella: Dumpster needs to be entirely contained --put in the decision Atty Shaheen Metal columns covered with wood --metal frame building --wooden fence. Mr. Simons question what the Sign in the front is. Atty. Shaheen, simply a signature sign, store names will be on the building - - Ms. Piesons: Question about watershed on Hillside against a curb cut on Hillside. 10 Discussion of access to Hillside Road Traffic will be discussed at the next meeting. Will have benefit of outside review of the traffic study. Richard Rowen: Discussion of parking and need for rear parking lot. Richard Rowen, John Simons, motion to continue until January 17th On January 17, 1995 the Planning Board meeting was canceled due to lack of a quorum. On February 7, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Attorney Peter Shaheen to discuss traffic issue: Changed from a specialty retail site to a shopping center. - Filed an E.N.F. Mass. Highway. Will Mass. Highway move proposed Osco curb cut to be directly across the street from Crossroads? Waiting for input. Board initially approved site plans contingent upon receiving curb cuts from Mass. Highway Dept. Richard Rowen read into record letter from Police Chief Richard Nardella: have shown moving of detention pond? Atty. Shaheen: yes, reduced in size. Atty. Shaheen also stated that Mass. Highway must tell what they want done. Asking Planning Board to grant what was granted to Osco Drug. Mr. Nardella: staff recommendations: too soon to close the Public Hearing until state and MVPC make final recommendations. Mr. Nardella opened public hearing Mr. Netti, 105 Hillside Road, against opening up Hillside Road. Concerns regarding traffic and endangering children. Doesn't think it's right to dump commercial traffic into a residential neighborhood. Alice Piessens, 125 Hillside Road, also worried about traffic and the safety of her children. Does not want curb cut near Hillside Road. John Casey, 84 Innis Street, what's going in Crossroads? Afraid of fast food restaurant, thereby creating more traffic on Hillside. Phil Busby, Hillside Road, problem with policing, heavy trucks. on his curve there were 17 accidents in 4 years. 11 Jay Diorio, Hillside Road, very upset about nothing being done. Comes to meetings all the time. Suggests combining ZBA and Planning Board. Says much time and money wasted. George Perna: pointed out there are still open issues; if you close the public hearing you can't discuss those at a later date. Mr. Mahoney made a motion to continue public hearing, Alison Lescarbeau seconded the motion, Richard.Rowen voted yes, John Simons voted no. Mr. Rowen requested that Atty. Shaheen come back.with drainage, landscaping info. ZBA to relocate fence, plans along buffer zone of McGarry property. On February 21, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk and Alison Lescarbeau. Ms. Colwell update: Meet tomorrow with state received a letter from residents on Hillside Rd (8 families) who do not want access out to Hillside On March 7, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Discussion of access out to Hillside Road. Discussion of relocation of detention pond. ;Put in decision that all state curb cuts permits have to be obtained. Coordinate with ZBA on issue of opening Hillside Road when the issue is discussed. a DPW to write a letter of support for route 125 curb cut. Ms. Colwell to check ZBA decision and use reserve parking language from ZBA decision. Reserve parking language from ZBA decision. Bill Mullick, 164 Hillside Road, is concerned about ZBA decision not allowing access to Hillside Road. Concern about access out to Hillside. Motion made by Mr. Mahoney, seconded by Ms. Lescarbeau, to close public hearing. Unanimous vote. Staff to draft decision for the next meeting. 12 On March 21, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk. Due to the fact that there was a lack of a quorum, The Crossroads could not be discussed. On April 4, 1995 the Planning Board held a regular meeting. The following members were present: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Planning Board voted to approve the special permit as amended. Attached are those conditions. Sincerely, North Andover Planning Board Richard A. Nardella, Chairman 13 550 Turnpike Street PBJ Development (The Crossroads) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 24,000 square foot retail complex in a General Business (GB) Zoning District. This Special Permit was requested by PBJ Development (Peter Shaheen) 565 Turnpike Street, North Andover, MA 01845 on November 14, 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 the project as the property is currently the location of an abandoned warehouse; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently the location of an abandoned warehouse, this project will improve the site visually, a fence will enclose the site and all efforts have been made to control the traffic impacts of this project; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the site has undergone intense review by traffic experts to determine the safest possible location for the site drives; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw; (See the following plan: Parking Layout Plan, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, Dated Nov. 1994, rev.3/1/95) 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw;. 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: 1 SPECIAL CONDITIONS: 1. This approval is based on the fact that a fast food (as defined by the State) restaurant will not be included in the Crossroads development. This restriction is required due to the traffic generated by a fast food restaurant. The elimination of the fast food restaurant resulted in a significant reduction in the trip generation rates and was a key element in the approval of this project by the Planning Board, State Highway Department and the Executive Office of Environmental Affairs. 2. Prior tb the endorsement of the plans by the Planning Board, the applicant shall adhere to the following: A full set of final plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. b A bond in the amount of fifty thousand dollars ($50,000.00) 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. Applicant may periodically petition the Planning Board for bond reductions throughout the construction of the project. A construction.. schedule shall be submitted to the Planning Staff. Prior to any construction on site, the applicant must mark .the V li_mi_t o clearing in the fieldhe limit .of clearing must be d by the Planning Ste. Ltgot 60 e- bo t OK 4. Prior to FORM U verification (Building Permit Issuance): Da - The plans must be endorsed and three (3) copies of the signed plans delivered to the Planning Staff. l This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. c All approvals from the State including the curb cut and access permits onto Route 114 must be valid and up to 2 date. Copies of all current State permits must be on file in the Planning Department. 5. Pri `'to verification of the Certificate of Occupancy: A stockade fence eight (8) feet high with landscaping of four ( 4 ) to five ( 5 ) feet high arborvitaes , five ( 5 ) feet on center and in a saw tooth pattern must be installed. The eight (8) foot high fence shall be set _-______ ,__, OV- fees.. -the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. ` The fence abutting Royal Crest, Netti, and Piessens shall be eight (8) feet high and .shall be located on the property line. (See the following plan: Details, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, 01V Dated Nov. 1994, rev. 3/1/95) b. The building must be constructed as presented to the Planning Board and as shown on the following plans: i. Crossroads Turnpike Street, Rt. 114 North Andover, MA Design Partnership Architects Inc. Three Washington Square Suite 400 Haverhill, Massachusetts 01830 Sheet A-1 and Rear Elevations C. The landscaping must be as shown on the following plan: i. Parking Layout Plan The Crossroads North Andover, Massachusetts Sheet 3 of 5 Dated: Nov. 1994, rev. 3/1/95 d. 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. e 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. f.�All artificial lighting used to illuminate the site shall be as shown on the following plan: Details, The '' 3 I Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. g. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. h. The site must have received all necessary permits and approvals from the North.Andover Board of Health and the Conservation Commission. 6. ' Prior to the final release of security: a. An as -built plan conforming to Condition 2(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. 7. Demolition of the existing building and construction of the new building must be limited to between the hours of 7:00 am and 7:00 pm. Trucking of supplies and the use of heavy equipment must also -be restricted to these hours. Sunday and holiday construction will not be permitted. These conditions are necessary due, to the close proximity of the residential homes on Hillside Road. 8. 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. 9. The parking lot lights must be turned off by two (2:00) a.m. Security lights may be left on all night as necessary. If the applicant wishes to increase these hours the applicant must request a minor modification of this Special Permit from the Planning Board. All lighting is to be reviewed by the Planning Staff and any reasonable adjustments are to be made 4 by the applicant. 10. The Planning.Board waives the construction of the 24 parking spaces shown at the rear of the site as shown on the plan. These may be constructed in the future if determined necessary by the Building Inspector and the Town Planner. The Planning Board grants this waiver based upon the fact that these spaces are at the far corner of the lot and are not considered necessary at this time. 11. The Planning Board has reviewed the traffic issues on this site and has determined that paved access out to Hill side—Rqad shall remain open. However, the access out to Hillside Road ma e closed initially Py a gate. The type of gate shall be reviewed and approved by the P anning Department. The North Andover Fire and Police Departments must have the ability to open the gate in case of emergency. The Planning Board will periodically review the access out tD Hillside Road. The Planning Board reserves the right to require that the access out to Hillside Road be opened. should { public safety and traffic concerns, in the opinion of the Board, warrant its opening. The Planning Department will closely monitor this situation, and bring their concerns to the attention of the Planning Board. If the Planning Board determines that the gate should remain closed, the Board reserves the right to review this decision in the future should public safety and traffic concerns, in the opinion of the Board, warrant its opening.' 12. If traffic (both vehicular and pedestrian) at this site becomes a public safety problem in the future, the Planning Board reserves the right to require, at the applicant's expense, a traffic attendant to direct traffic at peak hours. 13. If shopping carts.are to be used at this location, the carts must be collected from the parking lot on a routine, daily basis. 14. The hours of operation will be limited to between 7:00 am and 1:00 a.m. If the applicant wishes to increase these hours the owner must request a minor modification of this Special Permit from the Planning Board. 15. No deliveries are to be made to the premises after 10:00 pm. 16. The dumpster, as shown on the plan, must be enclosed entirely by a wooden stockade fence that must be two (2) feet higher than the dumpster. 17. Any plants, trees or shrubs that have been incorporated 5 into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 20. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 21. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 22. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 23. All signs within the project shall be of wood with uniform lettering and de9gx, (See the following the plans: e a s, The Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. Display window signs may not cover more than twenty (20) percent of the display window area. 24. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding.roadways shall be placed on the roof. 25. 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. 26. 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. 27. 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. 28. This Special Permit approval shall be deemed to have lapsed after April 5, 1997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a 6 majority vote of the Planning Board. The following information shall be deemed part of the decision: a. Plans titled: The Crossroads North Andover, Massachusetts Prepared for: PBJ Development Corporation 565 Turnpike Street North Andover, Massachusetts 01845 Prepared by: Marchionda & Associates, L.P. 62-I Montvale Avenue Stoneham, MA 02180 Sheet 1 Existing Conditions Plan Dated Nov. 1994; rev. 3/1/95 Sheet 2 Proposed Development Overlay Dated: Nov. 1994; rev. 3/1/95 Sheet 3 Parking Layout Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 4 Grading & Utility Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 5 Details Dated: Nov. 1994; rev. 3/1/95 b. Plans titled: Crossroads Turnpike Street, Rt 114 N. Andover, MA Prepared by: Design Partnership Architects, Inc Three Washington Square Suite 400 Haverhill, MA 01830 Sheets: A-1 A-2 Site Plan; dated: 11/8/94 A-3 Sheet A-1 shows a rendering of the building from Rt 114 looking towards Hillside Road. Sheet A-3 shows the southwest and northwest elevation of the proposed building. C. Plan Titled: Rear Elevations Crossroads Turnpike Street, Route 114 North Andover, MA Prepared by: Design Partnership Architects, Inc Three Washington Square 7 { 0 Suite 400 Haverhill, MA 01830, This plan shows.the northeast and southeast elevation of the proposed building. d. Drainage Analysis The Crossroads No. Andover 10/9/94 Prepared by: Marchionda & Associates, Inc 62 Montvale Avenue Stoneham, MA 02180 e. Traffic Impact Study The Crossroads North Andover, Massachusetts Prepared for: PBJ Development Corporation 565 Turnpike Street North Andover, Massachusetts Prepared by: David J. Friend 19 Notre Dame Road Bedford, Massachusetts. Dated: December 2, 1994 f. Revised Traffic Study dated January 31, 1995. cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File crossroacrossroa 8 VP Town of North Andover tkORTh OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° . p 146 Main Street North Andover, Massachusetts 01845 Memorandum To: Bob Nicetta, Building Inspector From: Kathleen Bradley Colwell, Town Planner Date: May 3, 1996 Re: Entrance Sign at "The Crossroads" J The Planning Board has reviewed the proposed entrance sign and has disapproved it as it is not constructed of wood as required by the Planning Board site plan review approval. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAUNNING 688-9535 .rl 20' OA. k a ' TPT W" LJOT* Kia MoLPNq (0 V�-) coWosrrL MouNq ANP CAP. OPAQUG. K4L FACE. W/ oPT1orI& R -V p LLTTU-,� - UR4*Y t- Aj*14Tu umR,� T"T X95 ARG DW4 9Y Lr.TTCRs ON m4L W-9. LAW OFFICE OF PiE T-,ER Ga SIHIA H E EN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 PETER G.SHAHEEN* NORTH ANDOVER, MASSACHUSETTS 0184 ' TELEPHONE 508 MEGAN J. TAYLOR [9 r 689.0800 j� �'^'�""�".,�.�,-...�'��-+=..-- _ FAX 508 'ADMITTED IN MA B NH i i �91 i 79x0890 ` r.. June 5, 1996:? - Kathleen Bradley Colwell Town Planner Town of North Andover 146 Main Street North Andover, MA 01845 RE: CrossRoads Shopping Plaza Pylon Sign Permit Dear Kathleen: As you know I have filed an appeal as a party aggrieved from the decision of the Building Inspector denying our permit for our pylon sign. I understand that the Building Inspector has denied this permit because of your request that it be denied. I am requesting that you reconsider your decision regarding our pylon sign and that you approve the pylon sign as previously submitted as an insignificant modification to the site plan approval permit. As you are aware, under the site plan approval permit as well as under section 8.36 of the zoning by-law, you have the authority to make changes should they be deemed to be insignificant. I am suggesting that this change is insignificant in that the pylon sign is a very minor part of the overall site plan. We would appreciate if you could give this your immediate attention so that if a hearing before the Zoning Board of Appeals is unnecessary, I will have time to cancel the hearing and the legal publication. Thank you for your attention to this matter. Ve truly yours, Peter G. Shaheen PGS:eaa cc: William Scott Bob Nicetta Zoning Board of Appeals Town of North Andover f NORTH OFFICE OF �� �' '.."D COMMUNITY .DEVELOPMENT AND SERVICES ° . p . . 146 Main Street • t North Andover, Massachusetts 01845 June 10, 1996 Peter Shaheen, Esq. 565 Turnpike Street, Suite 81 North Andover, MA 01845 Re: Crossroads Shopping Plaza Entrance Sign Dear Attorney'Shaheen, . I am in receipt of your request that I deem the requested change from a wooden entrance sign to a plastic and aluminum internally lit entrance a minor modification. I am unable to make this determination. Item 12, Table 2, Section 8.34 of the Zoning Bylaw requires an applicant to submit the "... location, height, and materials to be used for al ... signs located on the site." In response to this requirement you submitted, as part of your site plan review application, a plan created by Design partnership Architects Inc. showing a 20' high sign with painted wood columns, raised letters on a painted background, with a painted wood cap and trim molding. The sign was lit by a spot light on the ground and contained only the name "Crossroads". This sign was also featured on the building elevations presented at the public hearing. The design was subsequently approved by the Planning Board as part of the approval for this project. The proposed revised sign is also 20' high, however it contains columns of extruded aluminum, with composite molding cap, and an opaque beige face with burgundy illuminated letters. The sample material submitted to the Planning Board for review was acrylic with peal off plastic letters. The sign also contained a list of all of the businesses in the plaza, not simply the name "Crossroads". The sign is materially different from the original sign submitted by you with your application, presented at the public hearing and approved by the Planning Board as part of the Site Plan approval for this project. The Planning Board's approval for this project specifically requires that all signs be constructed of wood. All of the other signs for this site are constructed of wood. Given the substantial difference between the two signs, I cannot deem the change insignificant. Under Section 8.36 of the Zoning Bylaw, "if the revisions to the site plan are determined to be substantial and materially different by the Town Planner, the Town Planner shall direct the BOARD OF APPEALS 688-9541 BUIL DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 applicant to resubmit the site plan to the Planning Board in accordance with the provisions of this section." Please let me know if you would like to bring this issue before the Planning Board. Very truly yours, Kathleen Bradley Colwell 0 Town Planner cc. W. Scott, Dir. CDS I Mahoney, Chair PB B. Nicetta, Building Insp. RECEdVi;.El JOYCE iB AD,`,%1W TOWN CLERK NORTH ANDOVER Received by Town Clerk: AY I� I1 22- p3 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE PBJ Development, Inc. General Applicant Partner of North Anfinvar Address 550 Turnpike St. CrossRoads Limited Partnership Tel. No. (508) 689-0800 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. Oc) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s)Street. numbered 550 Turnpike St b) Premises affected are property with frontage on the North Oo South ( ) East ( ) West ( ) side of Turnpike Street. Street, and known as No. 550 Turnpike St. Street. c) Premises affected are in Zoning District GB and the premises affected have an area of 169,400 square feet and frontage of 383 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): North Andover CrossRoads Limited Partnership Date of Purchase May 1995 Previous Owner GDM.Realty Trust b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other Rev. 10/95 L ] 1 4. S. 2. Letter of authorization for Variance/Special Permit required. Size of proposed building: front; feet deep; Height stories; feet. a) Approximate date of erection: a c) Occupancy or use of each floor: 6 Type of construction: Has there been a previous appeal, under zoning, on these premises? If so, when? 6. Description of relief sought on this petition. Please explain in detail below. (If requesting a variance or special permit please fill out the attatched table.) it a sign permit for the proposed Pylon sign for the CrossROadG Plaza. 7. Deed recorded in the Registry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) . _ , L,-- m,.._,., ] - ; — R,,1 a,., _and as such Petitioner' s ent ht to erect the sign. 4 I agree to pay the filing fee, incidental expenses* INCOMPLETE AND ILLEGIBLE APPLICATION ATLTHE PUBLIC HEARING. fP� Name of Applicant (s) (Print) Rev. 10/95 advertising in newspaper, and NOT BE ,4CCEPTED OR HEARD ignature of Applica'nt(s) i rremlues Lo be T,'rfP-c1:ed! _55D--J)aT--DPikp__Strp-o _IST 0 PARTIE:S OF INTEREST j�011E-RTY UD,,L-c-r P APf � — �'�.TDeveXopmen�--perp ._ 3UTTERS ADDHESS \P FA —n(; F -L -eet -ew l'umpike 5Lr 2 Pi�anV_anneLL --- 1,19 11illside Road. John 6 46 - - --------- 41 151 Hillside - ------ ---- Z5 49 N�tl�oiiy_nL_cari. Ila .131Z5 G4 Jgl�n px,Cxar�:y,_ crus tee _ 401. Andover -SLreeL 35 American elIvIt Co. 25 69 -AW Kebb 1.1()x 64, Danie.L-&--Dorothea-.Ne.t.ti--.-.-..-- j-o5...H'JJ'de -Roa frank & Alice Piessens '5 : __ Elaine_115 11illside Road & Ken Osborne 15 _1� j------- i 4 6-1_11-1-f s-___ - P —ra—L Pate]. Iside Road Pra -aFv - - --a ITUT�Id� moa )5 '5 m Town of North Andover of �o RT a OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street �, 4oq,r„ ,;•' �� KENNETH R. MAHONY North Andover, Massachusetts 01845 9SSACHuSEt Director (508) 688-9533 May 6, 1996 Peter G. Shaheen, Esq. Crossroads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: Entrance Sign at "The Crossroads" Dear Sir: The Planning Board has disap rop ved .your entrance sign, as submitted, for "The Crossroads" as not meeting the requirements in the site plan review approval process. A copy of the Memorandum is enclosed for your review. As such, the Building Department cannot issue a Sign Permit until Planning Board approval is received. Please re -submit your sign application to this Department showing a sign constructed of wood, as required by the Site Plan Review. Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Commissioner N/g Enclosure(s) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Pacrino D. Robert Nioetta Michael Howard Sandra Starr Kathleen Bradley Colwell into the Landscape Plan approved in this decision that die i within one year from the date of planting shall be replaced by the owner. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 20. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 21. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 22. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 23. All signs within the project shall be of wood with uniform lettering and design. (See the following the plans: Details, The Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. Display window signs may not cover more than twenty (20) percent of the display window area. 24. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding roadways shall be placed on the roof. 25. 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. 26. 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. 27. 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. 28. This Special Permit approval shall be deemed to have lapsed after April 5, 1997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a 6 POLLS ARE S'WL OR ROLN D GxTIZUXD ALLMNW WTj1 CI1STau M b A LIM IL a . A, Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 Memorandum To: Bob Nicetta, Building Inspector From: Kathleen Bradley Colwell, Town Planner CBC— Date: May 3, 1996 Re: Entrance Sign at "The Crossroads" The Planning Board has reviewed the proposed entrance sign and has disapproved it as it is not constructed of wood as required by the Planning Board site plan review approval. # - 31996 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 PETER G. SHAHEEN" MEGAN J. TAYLOR "ADMITTED IN MA a NH LAW OFFICE OF PETER Ga SHAHEEN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 NORTH ANDOVER, MASSACHUSETTS 01845 May 10, 1996 Jeanine McAvoy Zoning Board of Appeals Town of North Andover 146 Main Street North Andover, MA 01845 Dear Ms. McAvoy: TELEPHONE 508 689-0800 FAX 508 794-0890 I represent the CrossRoads Limited Partnership. Enclosed is a copy of the building inspector's decision relative to the pylon sign we requested at CrossRoads. This letter is notice of our appeal as a party aggrieved of the building inspector's decision. Please place this matter on for a hearing at the next meeting of the Zoning Board of Appeals. Should you have any questions please feel free to call. Sincerely, Peter G. Shaheen Town of North Andover NORT1y t , OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES ° .' 9 e^ 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 �SSAc►+us�` Director (508) 688-9533 May 6, 1996 Peter G. Shaheen, Esq. Crossroads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: Entrance Sign at "The Crossroads" Dear Sir: The Planning Board has disapproved ,your entrance sign, as submitted, for "The Crossroads" as not meeting the requirements in the site plan review approval process. A copy of the Memorandum is enclosed for your review. As such, the Building Department cannot issue a Sign Permit until Planning Board approval is received. Please re -submit your sign application to this Department showing a sign constructed of wood, as required by the Site Plan Review. Thank- you for your cooperation. Very truly yours, D. Robert Nicetta, Building Commissioner N/g Enclosure(s) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Stacy Kathleen Bradley Colwell Town of North Andover f HORTM OFFICE OF 3� 0 `tt to ,! COMMUNITY DEVELOPMENT AND SERVICES ° 146 Main Street-< P� L % pL4�110 •f t. North Andover, Massachusetts 01845 �SSACHus�� (508) 688-9533 May 7, 1996 Peter G. Shaheen, Esq. CrossRoads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: CrossRoads Shopping Plaza Pylon sign Permit Dear Mr. Shaheen: I am in receipt of your letter dated May 6, 1996 regarding refusal of sign permit for the CrossRoads Shopping Plaza. Please be advised that pursuant to Section 10.4 of the Zoning By -Law, you may grieve this decision within 30 (thirty) days to the Zoning Board of Appeals. As you know, it is the applicant's right and responsibility to petition the Board of Appeals for placement on the Agenda for an upcoming meeting. Thank you. Very truly yours, D. Robert Nicetta, Building Commissioner N/g BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Jute Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell d/ May 6, 1996 Robert Nicetta, Building Inspector Town of North Andover 220 Main Street North Andover, MA 01845 Re: CrossRoads Shopping Plaza -Pylon Sign Permit Dear Mr. Nicetta: I undertsand that you have refused to issue a sign permit for the Pylon sign proposed for the CrossRoads Plaza: Please accept this letter as the appeal of the North Andover Crossroads Limited Partnership from this decison and place this matter on the next scheduled Zoning Board meeting for hearing. Thank you for your attention to this matter. yours, F'eter G. Shaheen Vice President PBJ DEVELOPMENT CORP., GENERAL PARTNER OF THE NORTH ANDOVER CROSSROADS L.P. Suite 81, Chestnut Green, 565 Turnpike Street ♦ North Andover, MA 01845 508 689 0800 ♦ Fax: 508 794 0890 ,7 v Town of North Andover t HORTIy 1 ti OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 10p * o9Q 146 Main Street 041if O 0,` KENNETH R. MONY North Andover, Massachusetts 01845 "SSACHUS�` Director (508) 688-9533 May 6, 1996 Peter G. Shaheen, Esq. Crossroads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: Entrance Sign at "The Crossroads" Dear Sir: The Planning Board has disapproved your entrance sign, as submitted, for "The Crossroads" as not meeting the requirements in the site plan review approval process. A copy of the Memorandum is enclosed for your review. As such, the Building Department cannot issue a Sign Permit until Planning Board approval is received. Please re -submit your sign application to this Department showing a sign constructed of wood, as required by the Site Plan Review. Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Commissioner N/g Enclosure(s) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 Memorandum To: Bob Nicetta, Building Inspector From: Kathleen Bradley Colwell, Town Planner LBc— Date: May 3, 1996 Re: Entrance Sign at "The Crossroads" The Planning Board has reviewed the proposed entrance sign and has disapproved it as it is not constructed of wood as required by the Planning Board site plan review approval. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 KENNETH R. MAHONY Director (pp3- ZI3`j IZZ2 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 (508)688-9533 May 6, 1996 Peter G. Shaheen, Esq. Crossroads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: Entrance Sign at "The Crossroads" Dear Sir: The Planning Board has disapproved your entrance sign, as submitted, for "The Crossroads" as not meeting the requirements in the site plan review approval process. A copy of the Memorandum is enclosed for your review. As such, the Building Department cannot issue a Sign Permit until Planning Board approval is received. Please re -submit your sign application to this Department showing a sign constructed of wood, as required by the Site Plan Review. - Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Commissioner N/g Enclosure(s) LTH 688-9540 PLANNING 688-9535 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH Starr Kwhlem Bye, Colwell Julie Parrino D. Robert Nicetta Michael Howard a a 9 O n a O z Zf 2 m 7 a o (7 m r m r 0 o r N; A r C O C > Cp >> a r = Z > o Z m m z 0 > 0 a n -1 A v n m A 1 r I r m N I a a 9 O n a O z Zf 2 m 7 a o (7 m r m r 0 o r N; A r C O C > © >> v r = Z Z o Z m m 0 > 0 a n -1 A v n m A 1 r I w N W r C a a 9 > m9 a> 7 a o O m> 0 o r N; A r C C C > >I >> r = Z Z o Z m m 0 > 0 a n -1 A tAo n n m A 1 r I N 0 r C 0 r A m A m m m n -n a> 2 n a o> Z C - m _ r O z m i p 0 i 0 3 rr > z> a 0 3 m > e r p o n m m 0 0 a A > > 0 i a 0 1 r m N t 1 z mN 4;Z 2 i mtan fn s o A N C i 0 -nl 1 0 >C O i 0 0 A 0 Z a A m N a O i m m a C `t W O z Z n0 m A > 0 O J O .< 9 Z Z a 0 N W p 0 C A a r 00 z o ; m z N 0 0. m .0-0 n0i ° ° E-1 c U V -f. 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DEPTH a I � - 3 8 A R s rE--- WIDTH dim no c MAY — 3 ' n AND TRUCK LETTERING "Quality Interior & Exterior Signage" (603)437-1200 Londonderry, NH SCIAIEX / APPROVED BY l./ DATE i .... _ �' REVISED CUENf REMARKS DRAWING NUMBER/ 011CIS Cl) 'nIC)IC) 3/ SPAOES Lo 2Z'2.5' 8 , 8' , S 23 SA9GEs di) 230 mli6�1 mm�= o p 1p zt rn Ul L9 OD C �\s, G C') i -4 (� r 9 o Al O n D 0 J 7, 0 N �a 0 \ b O pLi z- NrT r o� T a J -j .9 i p c S44"55.46'W ; �z A 7 D 'a w c I 0 r Z Q) s w j QM - r � -• I I t: � I: � ff (SIC• EPL�IV[1 UAL 1 r y - A 3 i 5 b ii JIM I � I! • r r , i r i Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 May 6, 1996 Peter G. Shaheen, Esq. Crossroads Limited Partnership 565 Turnpike Street North Andover, MA 01845 Re: Entrance Sign at "The Crossroads" Dear Sir: ,10 The Planning Board has disapproved your entrance sign, as submitted, for "The Crossroads" as not meeting the requirements in the site plan review approval process. A copy of the Memorandum is enclosed for your review. As such, the Building Department cannot issue a Sign Permit until Planning Board approval is received. Please re -submit your sign application to this Department showing a sign constructed of wood, as required by the Site Plan Review. Thank you for your cooperation. Very truly yours, D. Robert Nicetta, Building Commissioner N/g Enclosure(s) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julie Parrino D. Robert Nicetta Michael Howard Sandra Start Kathleen Bradley Colwell 08 1 ZO VW 'wuqi)uoIS ,gnuaAV 0111RAILloll 1-Z9 �puon`��y� l- 10 ".0%j P. -lo 03)M433HDI — I— steno s113snHOVssdw 'a3no�rvv wlaory 13A�I1S 3�ildNbfll X95 N011b'8Od8O3 1N3WdOl3A30 f'8d b a d T9d S113Sf1HOb'SSb'W '�I3AOQNd H18ON Sab'02JSS02iO ]Hi IVi3G 510 U. s Q W into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 20. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 21. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 22. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 23. All signs within the project shall be of wood with uniform lettering and design. (See the following the plans: Details, The Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. Display window signs may not cover more than twenty (20) percent of the display window area. 24. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding roadways shall be placed on the roof. 25. 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. 26. 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. 27. 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. 28. This Special Permit approval shall be deemed to have lapsed after April 5, 1997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a 6 550 Turnpike North over Ma 01845 Andrew & Maxine Vannett 570 Turnpke Street North Andover MA 01845 John & Susan DiOrio 179 Hillside Rd North Andover MA 01845 Robert Kent 171 Hillside Rd North Andover MA 01845 William Theriault 162 Hillside Road North Andover MA 01845 James M. Tingley 151 Hillside Road North Andover MA 01845 Anthoney Arcari L Tulipanio 137 Hillside Rd North Andover MA 01845 John McGarry, Trustee 401 Andover St North Andover MA 01845 Thomas J. Flatley PO box Box 850070 North Andover MA 01845 American Stores 525 Turnpike Street North Andover MA 01845 550 Turn ' e St N Andover Ma 01845 Andrew & Maxine Vannett 570 Tumpke Street North Andover MA 01845 John & Susan DiOrio 179 Hillside Rd North Andover MA 01845 Robert Kent 171 Hillside Rd North Andover MA 01845 William Theriault 162 Hillside Road North Andover MA 01845 James M. Tingley 151 Hillside Road North Andover MA 01845 Anthoney Arcari L Tulipanio 137 Hillside Rd North Andover MA 01845 John McGarry, Trustee 401 Andover St North Andover MA 01845 Thomas J. Flatley PO box Box 850070 North Andover MA 01845 American Stores 525 Turnpike Street North Andover MA 01845 Kebb Management Co Po Box 64 Methuens Ma Daniel Netti 105 Hillside Rd North Andover MA 01845 Frank & Alice Piessens 125 Hillside Road North Andover MA 01845 Ken & Elaine Osborne 115 Hillside Road North Andover MA 01845 Pratap & Sudha Patel 190 Hillside Road North Andover MA 01845 Shirley Howe 5 Hillside Road North Adover MA 01845 PBJ Development Corp 550 Turnpike St North Andover MA 01845 Kebb Management Co Po Box 64 Methuens Ma Daniel Netti 105 Hillside Rd North Andover MA 01845 Frank & Alice Piessens 125 Hillside Road North Andover MA 01845 Ken & Elaine Osborne 115 Hillside Road North Andover MA 01845 Pratap & Sudha Patel 190 Hillside Road North Andover MA 01845 Shirley Howe 5 Hillside Road North Adover MA 01845 PBJ Development Corp 550 Turnpike St North Andover MA 01845 RECEI`/ED JOYCE BRADSHAW TOWN CLERK NORTHANDOYER Town of North Andover AN QQ� 1g66 .OFFICE OF I iCO U61TY DEVELOPMENT AND SERVICES KENNETH R. MAHONY Director Any ?:1 1 I L. fi!ad wait! -in F:".:. �� or the date of i.::::; : s Noticaa in the 01' -Vice of the Town 146 Main Street North Andover, Massachusetts 01845 (508) 688-9533 BOARD OF APPEALS Property: 550 Turnpike Street PBJ Development Date: 1-11-96 Suite 81, 565 Turnpike Street Petition# :055-9 North Andover, MA 01845 Date of Hearing: 11-14-95,1-9-96 The Board of Appeals held a regular meeting on Tuesday evening, November 14, 1995 which was continued under advisement until January 9, 1996 upon the petition of PBJ Development requesting a modification to a decision granted on January 25, 1995, petition #063-94 for property located at 550 Turnpike Street, Zoning District General Business. The following members were present and voting: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Raymond Vivenzio. The hearing was advertised in the North Andover Citizen on 10/25/95 and 11/1/95 and all abutters were notified by regular mail. Upon a motion by Raymond Vivenzio and seconded by Walter Soule the Board voted unanimously to amend the original decision dated January 25, 1995, petition #063-94 to include the following modifications: 1. Conditions numbered 3 & 4 of said original decision are modified to allow that the eight (8) foot high stockade fence currently required be located no closer than than (10) feet and no further than fifteen (15) feet from the property line where it abuts land now or formerly owned by Acari and Laughery as shown on the site plan dated November 1994, prepared by Marchionda & Associates, L.P., submitted by the petitioner to the Planning Board pursuant to site plan review. Modified plans dated 1/9/96, prepared by Marchionda & Associates, L.P. have been submitted displaying the fence and island location. The fence is to be placed in a straight line parallel to the property lines in question. Discretion as to the exact location of this fence shall be given to the Petitioner with the understanding that it will be placed in such a manner as to minimize the number of trees BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Julia Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell r required to be cut in order to install it. Otherwise the stockade fence as shown on said plan shall be located within three (3) feet of the property line. The requirement of planting arborvitaes in a saw tooth pattern on the side of the fence fronting Hillside Road as stated in the original decision is modified to require such planting only along the property now or formerly owned by Arcari and Laughery. 2. Condition number 7 requiring that the applicant submit an 11" X 17" landscaping plan stamped by a landscaping engineer is deleted. The Board agrees to accept the plan submitted by the applicant to the Planning Board as part of site plan review which shows the planting schedule. Voting in favor: William Sullivan, Walter Soule, John Pallone, Joseph Faris and Ellen McIntyre. Board of Appeals, William Sullivan, Chairman j Town of North Andover . OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street KENNETH R. MAHONY North Andover, Massachusetts 01845 Director (508) 688-9533 Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of Town Hall Building, 120 Main Street, North Andover on Tuesday the 14th day of November 1995 at 7:30 o'clock to all parties interested in the appeal of PBJ requesting a Modification to the decision granted on January 25, 1995 for the Crossroads Plaza. Said premise is located at 550 Turnpike Street which is in the General Business Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on 10.25.95 and 11.1.95. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 Julie Parrino D. Robert Nicetta Michael Howard 550 TURNPIKE ST LEGAL NOTICE Notice is hereby given that the Board of Ap- peals will hold, a public hearing at the Senior Citizens' Center located at thEL rear of Town Hall Building, 120 Main Street; North Ando- ver on Tuesday, the 14th day of November 1995. at 7:30 o clock to all parties interest- ed in the appeal of PBJ requesting a Modifi- cation to the decision granted on January 25, 1995 for the Crossroads Plaza. Said premise is located at 550 Turnpike Street which is in the General Business , Zoning District. Plans are available for re- view at the Office of Community Develop- ment & Services, Town Hall Annex, 146 Main Street. By theOrder of the Board of Appeals William J. Sullivan, Chairman North Andover Citizen 10/25,11/.1/95_ HEALTH 688-9540 PLANNING 688-9.' Sandra Stair Kathleen Bradley 0/ 4 Received by Town Clerk: L r 1 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant PBJ Development Address Suite 81, 565 Turnpike Street North Andover, MA 01845 Tel. No. 689-0800 1. Application is hereby made: /�'J{ cy�-io�/ o� '�gs 2,64 D t c fsia.✓ a) For a variance from the requirements of Section7� Paragrap� and Table of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered 550 Turnpike Street Street. b) Premises affected are property with frontage on the North ( *) South ( ) East ( ) West ( ) side of Turnpike Street. Street, and known as No. Street. C) Premises affected are in Zoning District M, and the premises affected have an area of 169,400 square feet and frontage of 383 feet. 3. Ownership: I a) Name and address of owner (if joint ownership, give all names): PBJ Development Corp. Date of Purchase May 1995 Previous Owner GDM Realty Trust b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: front; feet deep; Height stories; feet. a) Approximate date of erection: under construction b) Occupancy or use of each floor: retail sales c) Type of construction: wood, steel and concrete 5. Has there been a previous appeal, under zoning, on these premises? If so, when? TAY,, a;. 19LIS- . 6. Description of relief sought on this petition modification of It as stated in grant of variance dated January�995. See attached or description of moditication. 7. Deed recorded in the Registry of Deeds in Book 4272 Page k(o Land Court Certificate No. Book Page . The principal points upon which I base my application are as follows: (must be stated in detail) The modifications have been requested and agreed to by the abutters. I agree t4xpiD ay the fi�ing -fee, advertising in newspaper, and incidentala ses�) 1/ ( ; Signature of Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall befurnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to thelabutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Petitione eq"Hillside umber 2 be modified to allow for construction of the stockade fence onl a abutters' property and that a chain link fence 6 feet high be construc'e frea requed to be fenced under the original condition. That condition number 3 be modified so that the planting of arborvitaes to hide the fence be waived in favor of an agreed to planting allowance to be paid by petitioner to abtitters to allow them to do their own plantings. That condition number 4 be modified so that the fence be placed within 3 feet of the property. That conOtn4umber 5 b dified so that the f e .abutting Royal Crest, Netti and Piessens be 6 feet chain lint X. That condition number 7 be modified to allow for use of the landscape plan previously submitted as part of site plan review. 7,HA.' rremil;er, to be iffecLe(l: _55_0__JVr_npike_Strp.ot- .1ST OF PARTIES OF INTERI-ST �UBJEur PJ01R Tr�IP—A-110EL JLOT BUTTERS X_p__ P—An(;F--L i0T 25 25 NAME 2 L Alarew &I Va--m---i-c--L-- 7.5 45 Patel---------,- siid4a -- �5 q9l1q_L 25 ShirleyHowe I?(-)I)ei:L A 25 49 25 G4 John 35 25 63 Am rica n AS t 0 re X. 69 le sLnuL 57o'rug ivilm arceL j.,19 11jilside Road 1.62 iii.115.1de ------ - --- 151_ilil_Jside _-. .--- ------- ------- 0 J. n!iOgvcK Ce 1kr,.D.i.v. M. "K JD ry Sp &4 rb -t.. C 0 .......... 13ox 64, ficl.huell, f4A -1-o 5... mil-is-ide -Road 115 Hillside Road go hillside Road --fill C Daniel_&--Dc)rothea-. Net Li--..-.____ i--.- ---- 25 25 25 El-aine & Ken Osborne Patel---------,- siid4a -- �5 ShirleyHowe 57o'rug ivilm arceL j.,19 11jilside Road 1.62 iii.115.1de ------ - --- 151_ilil_Jside _-. .--- ------- ------- 0 J. n!iOgvcK Ce 1kr,.D.i.v. M. "K JD ry Sp &4 rb -t.. C 0 .......... 13ox 64, ficl.huell, f4A -1-o 5... mil-is-ide -Road 115 Hillside Road go hillside Road --fill C Any appeal shall be` filed. within (20) days ahef the date of filing of this Notice in the Office of the Town Clerk. e t a• t t F! Q<'1'T� ( " S's i' i V � • rn pORTH TO V1 3�01 4,00 e.6 + NORTH All r:;; , t R TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #063-94 North Andover, MA 01845 * N * 'A ************************** The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: I 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence f the exet ception tion of Rte.h shall be constructed 114and the all sides of the property withP abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 75e r y ae CC) ry 0 Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. � 3T0Y-041 0LEi��; �•~: M""'" ;�• NORTH ANDOVER • � tags :��1• TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD 0.F APPEALS NOTICE OF DECISION Ti ils is to certity that twenty (20) days January 2 5 , 19 9 5 hava elapsed IMM MO of d96"filed Date ........... . without fifing of��n 5 .. 06 3- 9,4 ........... Date Fy" n Ax -- Petition No..... . Joyce A.8rsdO w 1 12-13-94 Town Ctwit Date of Hearing. 01-10- 9 5 ......... 01-18-95 ........... PBJ Develo ment Cor . .. • .. Petition of .............. P......... P.•............. . 550,Turnpike-Street................... ................... Premises affected Referring to the above petition for a variation from the requirements of fes. Section. 7....... .Paragraph. 7? 3.P. Table. 2. of . the. Zoning. Bylaw .... ................................... a. variation .from. the, .front. and, rear. .setback. .r.equirements .......... so as to permit (front. and rear. ,setbacks to. be. S..feet ............................................. After a public hearing given on the above date, the Board of Appeals voted to .. GRANT.... . VARIANCE..... and hereby authorize the Building Inspector to issue the e a ............. permit to PBJ Development .Corp... ... . the following conditions: See "CONDITIONS" for the construction of the above work, based upon attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be gr,aiittid without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw., ATTJJ'S 'ST: A Z!rue Copy Town 0erk Signed /Q/ . ............. Walter Soule, Acting Chairman Raymond Vivenzio................. Scott Karpinski Jose h F Faris .............. ............ Board of Appeals 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" 'sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this ,,`) ,:5' day of 9a- a , / 9 9'S BOARD OF APPEALS W4al &Sou4lta�Actin�gChAirma`n� "CONDITIONS" 2-- 2 G ` 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. Q MUM RcCl:llt . � HM cE ;aaw TOWN OF NORTH ANDOV� OWer',r�c` ANDOVER \ MASSACHUSETTS NORTH Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. ' � is to certify that twenty (20) days I., !i elapsed from date of decision (fled without filing ofappeal. Date CEM 1X99. S Joyce A. Bradshaw Town Clerk NpN�M p1 O D . trsSAC Hus*,��. NOTICE OF DECISION An 5 3 1-15 PIS '95 Ai rEST'. A True Cony ;�- a i&xa4"- Town Clerk Date.April 5, 1995 .. .. Dec 6,�...Dec.�20,1994 Date of Hearing Jan. 3e Jan. 17, Feb 7, Feb. 21, Mar. 7, 1995 Q' Mar. 21, Apr. 4, 1995 PBJ Development Corp. „ Petitionof ......................................................... 550 Turnpike Street Premi=es affected .................................................. Referring to the Above petition for a special permit from the req uirein ents so as to of the Nortb.,+odover.7onivq.By7-aw...Section.8.3.Site. Plan. Review ............. roo a1lP1a. the, c�nstzuction. of. two. buildings.totaling. 24,0011• rq..ft•. to be used for retail stores and a restaurant. ................... ................................................ .aster a public hearing given on the above date, the Planning Board voted ON U�]ONALLY SPECIAL PERMIT to................tilt. 1............................................. I based upon the following conditions: CC: Director of Public Works Building Inspector -. Natural Resource/Land Use Planner ( '►� Health Sanitarian Signed /,.%_. !/ • i . •'� Assessors Richard A. Nardella, Chairman Police Chief ................................ Fire Chief Joseph Mahoney, Vice Chairman Applicant ................................ Engineer File Ri.c hax d. AovZen ,..C.Lex k ........... interested Parties Alison Lescarbeau �-e �"O� S�/Ail •�/ .......................... ... . - John Simons _ f3o . ' .. ' ' ' ' ')Tanning Board r to Y 550 Turnpike Street PBJ Development (The Crossroads) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 24,000 square foot retail complex in a General Business (GB) Zoning District. This Special Permit was requested by PBJ Development (Peter Shaheen) 565 Turnpike Street, North Andover, MA 01845 on November 14, 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 the project as the property is currently the location of an abandoned warehouse; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently the location of an abandoned warehouse, this project will improve the site visually, a fence will enclose the site and all efforts have been made to control the traffic impacts of this project; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the site has undergone intense review by traffic experts to determine the safest possible location for the site drives; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw; (See the following plan: Parking Layout Plan, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, Dated Nov. 1994, rev.3/1/95) o 1 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 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: 1 i SPECIAL CONDITIONS: approval is based on the fact not be included i n the 1• This PP restaurant will defined by the State) wired due to This restriction is req The Crossroads development by a fast food restaurant. the traffic generated ed in a elimination of the fast food rrates tand was a significant reduction in the trip generation by the'Planning key element in the approval of this project Board, State Highway Department and the Executive Office of Environmental Affairs. Board, 2. Prior to the endorsement of the plans by the planning the applicant shall adhere to the following: to the Town t of final plans must be submitted Planner for review within ninety days of filing the a. A full se decision with the Town Clerk. A bond in the amount of fifty thousand dollars b' shall be posted for the purpose of insuring ($50,000.00) plan showing the location of all that a final as -built P curb cuts, parking spaces on-site utilities, structures, and drainage facilities is sebmsi.ted•isTl const ucted in in place to insure that ved plan. accordance with the app . This bond shall be in the form of a check made ouethe the depositedointoran Andover. This check will then interest bearing escrow account. c, Applicant may periodically petition the Planning Board for bond reductions throughout the construction of the project. -,_—: a - +- era trn the d, A construction scneaule •711u++ Planning Staff. 3. prior to any const `ruction 'OF, site, the applicant must mark the in the field. The limit of clearing must be reviewed by limit of clearing lanning Staff. 4. Prior to FORM u verification (Building Permit Issuance): fans must be endorsed and three (3) copies of the a, The p Staff. signed plans delivered to the Planning rth b This decision shall be recorded copy delivered at the Essex tothe Registry of Deeds and a record Planning Staff. C. All approvals from the State including the curb cut and te 114 must be valid and up o access permits onto Rou 2 8 date. Copies of all current State permits must be on file in the Planning Department. 5. Prior to verification of the Certificate of Occupancy: a. A stockade fence eight (8) feet high with landscaping of four (4) to five (5) feet high arborvitaes, five (5) feet on center and in a saw tooth pattern must betinstalled. The eight (8) foot high fence shall be set fifteen (15) feet in from the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing hillside Road. The fence abutting Royal Crest, Netti, and Piessens shall be eight (8) feet high and shall be located on the property line. (See the followinplan I Andover, Massachusetts,• 5heeti 3sofT5e Crossroads, North Dated Nov. 1994, rev. 3/1/95) b. The building must be d and as shown constructed on the folpowing paan � the Planning Boar i. Crossroads Turnpike Street, Rt. 114 North Andover, MA Design Partnership Architects Inc. Three. Washington Square Suite 400 Haverhill, Massachusetts 01830 Sheet A-1 and Rear Elevations C. The landscaping must be as shown on the following plan: i. Parking Layout Plan The Crossroads North Andover,,Massachusetts Sheet 3 of 5 . j Dated: Nov. 19941 rev. 3/1/95 d. 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. e. 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. site f. All artif hown on h the hting ufollowing to u pl n'e tD tails, shThe all be as s 3 Im L. 1 .. 1 4- 1 w.. . - Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. g. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. h. The site must have received all necessary permits and approvals from the North Andover Board,of Health and the Conservation Commission. Prior to the final release of security: a. An as -built plan conforming to Condition 2(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. 7. Demolition of the existing building and construction of the new building must be limited to between the hours of 7:00 am and 7:00 pm. Trucking of supplies and the use of heavy equipment must also be restricted to these hours. Sunday and holiday construction will not be permitted. These conditions are necessary due, to the close proximity of the residential homes on Hillside Road. 1 1 8. 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. 9. The parking lot lights must be turned off by two (2:00) a.m. Security lights may be left on all night as necessary. If the applicant wishes to increase these hours the applicant must request a minor modification of this Special Permit from the Planning Board. All lighting is to be reviewed by the Planning Staff and any reasonable adjustments are to be made 4 by the applicant. 10. The Planning Board waives the construction of the 24 parking spaces shown at the rear of the site as shown on the plan. These may be constructed in the future if determined necessary by the Building Inspector and the Town Planner. The Planning Board grants this crn� based sp the fact that these are at the fm the lot and are not co,ns idered necessary at this time. 11. The Planning Board has reviewed the traffic issues on this site and has determined that paved access out to Hillside Road shall remain open. However, the access out to Hillside Road may be closed initially by a gate. The type of gate shall be reviewed and approved by the Planning Department. The North Andover Fire and Police Departments must have the ability to open the gate in case of emergency. The Planning Board will periodically review the access out to Hillside Road. The Planning Board reserves the right to require that the access out to Hillside Road be opened should public safety and traffic concerns, in the opinion of the Board, warrant its opening. The Planning Department will closely monitor this situation, and bring their concerns to the attention of the Planning Board. If the Planning Board determines that the gate should remain closed, the Board reserves the right to review this decision in the future should public safety and traffic concerns, in the opinion of.the Board, warrant its opening. 12. If traffic (both vehicular and pedestrian) at this site becomes a public safety problem in the future, the Planning Board reserves attendant to dithe right to guire, at happlicant's expense, a traffic direct traffic at peak hours. 13. If shopping carts,are to bye used at this location, the carts must be collected from the► parking lot on a routine, daily basis. 14. The hours of operation will be limited to between 7:00 am and 1:00 a.m. If the applicant wishes to increase these hours the owner must request a minor modification of this Special Permit from the Planning Board. 15. No deliveries are to be made to the premises after 10:00 pm. 16. The dumpster, as shown on the plan, t be two st be enclosed entirely by a wooden stockade fence that mu gher than the dumpster. 17. Any plants, trees or shrubs that have been incorporated 3 into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 18. The contractor shall contact Dig Safe at least 12 hours prior to commencing any excavation. l be lg. Gas, Telephone, Cable and the crespective ut lityric utilities lco�panies. installed as specified by 20. All catch basins shall bePrtecthe drain maintained duringwith hay bales to prevent siltation i construction. 21. No open burning shall be done except Department as s permitted during burning season under the Fire 22. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 23. All signs within the project shall be of wood with uniform lettering and design. (See the following the P Sheet Details, The Crossroads, North Andover, Massachusetts, Dated Nov. 1994, rev. 3/1/95. The signs shall in All waynsns be interior illuminated (neon or other means). 9 designed for this project must be reviewed and coordinated between the Build�i downsigns may not nd the Town Planner for approval. Display not cover more than twenty (20) percent of the display window area. 24. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding roadways shall be placed on the roof. 25. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns iniinterestor control. 26. Any action by a Town Board, Commission, of De artment ng which requires changes in the plan or design be subject to presented to the Planning Board, may J modification by the Planning Board. 27. Any revisions shall be submitted to the Town Planner for ial, the review. If these submitvisins are deemed revised plans to he Planning Board applicant must Board for approval. 28. This Special Permit approval shall be deemed to have lapsed after April 5, 1997 (two years from the date permit granted) unless substantial cuse or onstructionion has be determined by da Substantial use oronstructi.on 6 majority vote of the Planning Board. The following information shall be deemed part of the decision: a. Plans titled: NorthrAd ndover, Massachusetts Prepared for: PBJ Development Corporation 565 Turnpike Street North Andover, Massachusetts 01845 Prepared by: Marchionda & Associates, L.P. 62-I Montvale Avenue Stoneham, MA 02180 Sheet 1 Existing Conditions Plan Dated Nov. 1994; rev. 3/1/95 Sheet 2 Proposed Development Overlay Dated: Nov. 1994; rev. 3/1/95 Sheet 3 Parking Layout Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 4 Grading & Utility Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 5 Details Dated: Nov. 1994; rev. 3/1/95 b, Plans titled: TurnpikedStreet, Rt 114 N. Andover, MA Prepared by: Design Partnership Architects, Inc Three Washington Square Suite 400 Haverpill, MA 01830 Sheets: A-1 A-2 Site Plan; dated: 11/8/94 A-3 Sheet A-1 shows a rendering of the building from Rt 114 looking towards Hillside Road.Sheet of A-3showss proposed southwest and northwest elevation building. C. Plan Titled: RearElevations crossroads Turnpike Street, Route 114 North Andover, MA Prepared by: Three Washington Partnership Architects, Inc WashingtonSquare 7 Suite 400 Haverhill, MA 01830 This plan shows the northeast and southeast elevation of the proposed building. d. Drainage Analysis The Crossroads No. Andover 10/9/94 Prepared by: Marchionda & Associates, Inc 62 Montvale Avenue Stoneham, MA 02180 e. Traffic Impact Study The Crossroads North Andover, Massachusetts Prepared for: PBJ Development Corporation 565 Turnpike Street North Andover, Massachusetts Prepared by: David J. Friend 19 Notre Dame Road Bedford, Massachusetts Dated: December 2, 1994 f. Revised Traffic Study dated January 31, 1995. cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer 4 File crossroacrossroa 8 PROPOSED DECISION RE: Decision of Zoning Board of Appeals re: Petition of PBJ Development Corp., petition # 063-94, dated Jan. 25, 1995. Upon motion duly made and seconded the original decision of this board dated Jan.25, 1995 is amended and modified as follows: 1. Conditions numbered 3 & 4 of said original decision are modified to allow that the eight (8) foot high stockade fence currently required be located no closer than ten (10) feet and no Tr- further than Fifteen (15) feet from the property line where it abuts land now or formerly owned by Acari and Laughery as shown on the site plan submitted by the petitioner to the . WA a. ,. , Discretion as to the exact location of this fence n, shall be given to the Petitioner with the understanding that it will be placed in such a manner � j as to minimize the number of trees required to be cut in order to install it. Otherwise the stockade fence as shown on said plan shall be located within three (3) feet of the property line. The requirement of planting arborvitaes in a saw tooth pattern on the side of the fence AA. fronting Hillside Road as stated in the original decision is modified to require such planting only along the property now or formerly owned by Acari and Laughrey. 2. Condition number 7 requiring that the applicant submit an 11" x 17" landscaping plan stamped by a landscaping engineer is deleted. The Board agrees to accept the plan submitted by the applicant to the Planning Board as part of site plan review which shows the planting schedule. 1'2/122 1995 15:36 5087940890 SHAHED1 LAl,) OFFI =,ES BOARD OF APPEA SaW /IJL+e of ,Peter G. Shaheen Suite 81, Chestnut Green, 565 Turnpike Street North Andove.-, MA 0I845 5086890800 Fax: 508 7:94 0890 FAX TRANSMISSION COVER SHEET Date: December 12, 19,95 To: North Artdover ZBA.. Atm: JId ie 1-ai—: 688 9542 x *,. Crossroads ,sender: Peter G. Shaheen -t PAGE 01 YOU SHOULD RECEIVE PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL 508 685) O800. Julie, this will confirm are discussion today that we are waiting for the "as -built." plan which will show the fence adjustment as Weil as some other adjustments requested by the Planning Board. We anticipate liming this with 30 days. Please extend our request for the modification to the variance to allow for these adjustments. 'Thank You, This telecopy is attorney-client priveleged and contains confidential information intended only for the above named. Any other distribution or disclosure is strictly prohibited If you have received this tel-ecopy i.n.error, please notify us Immediately by telephone and return the original transmission to Ids by .mail without making a xpy. s; f ------------------- 12113 VARIANCE LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Ap- ppeals will hold a PPublic hearing at the LI- BRARYICONFERENCE ROOM of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 1994, at 7:30 o'clock, to all parties interest- ed in the appeal of PBJ DEVELOPMENT CORP. requesting a variation of Sec. 7, Par- agraph 7.3, Table 2 of the Zoning By Law so as topermit A VARIANCE FROM THE FRONT AND REAR SETBACK REQUIRE- MENTS on the premises, located at 550 TURNPIKE STREET. ` By Order of the Board of Appeals j William J. Sullivan, Chairman North Andover Citizen 11/23, 30 2t NORTH L O �9SSAC14US�S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE o Notice is hereby given that the Board of Appeals will hold a - LIBRARY/CONFERENCE ROOM public hearing at the SI�X$xxyfXtf1tXL�ex of the Town Building, 120 Main Street, North Andover on TUESDAY the day of 13TH DECEMBER 19 94 , at 7:30 o'clock, to all parties interested in the appeal of PBJ DEVELOPMENT CORP. requesting a variation of Sec. 7, Paragraph 7.3, Table 2 of the Zoning By Law so as to permit A VARIANCE FROM THE FRONT AND REAR SETBACK REQUIREMENTS on the premises, located at 550 TURNPIKE STREET By Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on Bill to: PBJ Development Corp. 565 Turnpike Street North Andover, MA 01845 November 23 and 30, 1994 f• 0 Date .... January. 25, 1995 Petition No..... 063-9,4 ....... 12-13-94 Date of Hearing. 01-10.-95 . 01-18-95 Petition of PBJ Development . Corp.......... . ........................................... Premises affected .550. Turnpike_ Street .............................................. . Referring to the above petition for a variation from the requirements of thw. Section. 7....... Paragraph 7. 3, Table .2. of the. Zoning. Bylaw . .. ................................ so as to permit a variation .from the .front. and.rear.. setback. r.equirements...... .... (front and.rear.setbacks.to.be.5..feet)...... ......... ............................ After a public hearing given on the above date, the Board of Appeals voted to .. GRANT. . the VARIANCE and hereby authorize the Building Inspector to issue a permit to PBJ Development Corp......... . for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Signed Walter Soule, Acting Chairman Raymond Vivenzio Scott Karpinski Joseph F.. Faris ............... .............................. Board of Appeals C;•�� ti�� I 'E- •��" -�. a J 0.1 C F cL APRIL �. a r• Any appeal shall be filed • �• taas : • j' ';fa�......6. NORTH a N it C;It, `R within (20) days after the �',;;M�;.+'� s, a�� �J ri' date of filing of this TOWN OF NORTH ANDOVER `� Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD Of APPEALS NOTICE OF DECISION Date .... January. 25, 1995 Petition No..... 063-9,4 ....... 12-13-94 Date of Hearing. 01-10.-95 . 01-18-95 Petition of PBJ Development . Corp.......... . ........................................... Premises affected .550. Turnpike_ Street .............................................. . Referring to the above petition for a variation from the requirements of thw. Section. 7....... Paragraph 7. 3, Table .2. of the. Zoning. Bylaw . .. ................................ so as to permit a variation .from the .front. and.rear.. setback. r.equirements...... .... (front and.rear.setbacks.to.be.5..feet)...... ......... ............................ After a public hearing given on the above date, the Board of Appeals voted to .. GRANT. . the VARIANCE and hereby authorize the Building Inspector to issue a permit to PBJ Development Corp......... . for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Signed Walter Soule, Acting Chairman Raymond Vivenzio Scott Karpinski Joseph F.. Faris ............... .............................. Board of Appeals "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as Town on the plan; 24 spaces reserved for future use as(may be Bcnired by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on Ll.sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. be filed 'Ift'n-4 tile :his Notice in the Gfific -)f (he Town ;(e!'K, IRTM T01'f!1I NOR TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #063-94 North Andover, MA 01845 * The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mrp . Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. a 5. The fence abutting Royal Crest, Netti and Piessens call be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with =e and arborvitae. 7. The applicant is to submit an 11"x17" sketch landscaping shown and stamped by a landscape engineer. with 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule; Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this `"f day of , l C 1 s BOARD OF APPEALS 1-v �- /-� d - - Walter Soule, Acting Chairman Any appe�l shall be. -filed within (2O) days after the date of fi"ftng of this Notice in thb Office of the Town Clerk. AMKI" _tags, TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION RE � JOYCL E TOWN NORTH ANTOYER / Date .... January, 25, .1995...... Petition No... "057-9.4 and 063-94 11-08-94 Date of Hearing.. 12-13-94 01-10-95 Petition of ...PBJ .Development.Corp. 01-18-95 .......... ........ Premises affected .....550Turnpike Street .............................................. Referring to the above petition for a vadationfi=the= e8I oLdthec.. SPECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify a. pze.-exisitng non -conforming. s.tructure. AND. a. SPECIAL. PERMIT .undex..Section .9 11 . Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- swmv*;Kps=xkx .existing. non -conforming. st.ructure.................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the .... SPECIAL. PERMITS ............... and hereby authorize the Building Inspector to issue a permit to ?BJ Development Corp, ..................... ............................... for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. JAN 2 6 Signed .. Chairman man l Walter 8ou1e, Acting Raymond Vivenzio ........................... Scott Karpinski Joseph F. Faris ..................................... .......... Board of Appeals J "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8. feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town' Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS REC_ri JOYCE BRAD�QHAW TOWN CLERK NORTH ANDOVER JAN 6 2 Fs PIS '55 BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 * The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as to permit a. pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%)'percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, :::-.ember 23, and Movember 30, 1994 and all abutters were no=.'.fied by regular mail. Upon a Motion by 2i.. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of theproperty with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. -The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to, be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this,.,6' day of9a- /Z , / % 96 BOARD OF APPEALS d Wal er Soule; Acting Chairman e Received by Town Clerk: Nov 18 1258 po ` TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant PBJ Development Corp. Address 565 Turnpike Street North Andover, MA 01845 Tel. No. 508/ 689-0800 1. Application is hereby made: 2. 3. 4. a) For a variance from the requirements of Section 7 Paragraph 7.3 and Table 2 of the Zoning Bylaws. b) For a special Permit under Section Paragraph of the Zoning Bylaws. c) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. a) Premises affected are land and building(s) numbered 550 Turnpike Street. b) Premises affected are property with frontage on the North ( *) South ( ) East ( ) West ( ) side of Turnpike Street. Street, and known as No. 550 Turnpike Street. C) Premises affected are in Zoning District GB , and the premises affected have an area of square feet and frontage of 383 feet. Ownership: a) Name and address of owner (if joint ownership, give all names): Marilyn Klier and Dorothy Freeman, Trustees of the GDM Realty Trust Date of Purchase 1955 Previous Owner Dawson and Hill b) 1. If applicant is not owner, check his/her interest in the premises: * Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. Size of proposed building: 240 front; 240 feet deep; Height 1 stories; 30 feet. a) Approximate date of erection: July 1995 „, c b) Occupancy or use of each floor: retail sale c) Type of construction: wood, brick, steel, masonry 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition variance from the front and rear setback requirements 7. Deed recorded in the Registry of Deeds in Book 878 Page 97 & 98 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Due to the dimension of the lot a literal enforcement of the bylaw will involve a substantial hardship to the applicant I agree to pay thef' i� fee, advertising in newspaper, and incidental expenses* 7%%/ S.igrrature of Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest” which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. PRINT CLEARLY UK iiri; usiN6 i:L�=��� i:::•• ZBA. Premises to be affected: IST OF PARTIES OF INTEREST UBJECT PROPERTY` %P IPARCEL LOT NAME ADDRESS lb M1 3TTI=Aq M?\ LOT NAME ADDRESS NPv PARCEL 25 25 25 2 45 46 47 48 Andrew & Maxine Vannett John & Susan Dilorio Robert A. Kent & m Tlh-�t WiLUM Ar James B. Laughery 570 T=pike Street 179 Hillside Avenue 171 Hillside Avenue 162 Hillside Avenue 151 Hillside Avenue 25 25 25 25 49 64 AnthonyArcari LVn Tuli ano John McGarry, Trustee Thomas J . Fla t le Fellowshilp Bible Church Chestnut Green 137 Hillside Avenue 401 Andover Street Pes .Div. P.O. Bax 850070 Braintree Turnike Street c o Kebb Mana ement Co. P.O. Box 64, Methuen, MA 25 25 35 ( 63 25 69 M?\ Parcel Lot game 1 GDM Real Trust . . •=�i: l•.d N'.r S�. wf i.• . 141 Address Parcel Lot Name Andrew and Maxine Vannett 570 Turn ike Street 2 179 Hillside Street 45 John and Susan Dilorio 171 Hillside Road 46 Robert A. Kent 161 Hillside Road 4_ 7 _ William Sco a & Ila 151 Hillside Road 48 James B. Lou he pnthon prcari L Tulipano 137 Hillside Road 49 Tr. 401 Andover Street 64 John Mc os J. Flatle Res. Div. P.O. Box 85007 'Ph 35 Braintree, MA 02188 63 Fellowsh' Bible Church Turn ike Street Chestnut Green �' c o Kebb Mana ement o 69 P.O. Box 64, Methuen,MA 4r�,` "z .0 a J IBOARD OF APPEALS -c,; r �v �?.".•a•+L:•a•� ��'Cid'�7..�s-r'�•."!y�e!e�y2`a?.�!•+t;�! :5"�('�'�-"�t�'�tt::',-'�" •1K�1/,U(7<fR'fF�•� 1: "�-,��.'.�_1. �, � -iM ��.a'.K'�! ,.� SL: �... � � j t �' i'� 1.�i:. �:'..r� l _ti 4.�. _ti:L'Yat k.'.1 •!'�.�1���..it�ain,_ •`�:�r"L3�e2'! _ - .,. c �►- .._.. �'4'13� _. LAW OFFICE OF PETER Ge SHAHEEN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 PETER G. SHAHEEN` NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 508 MEGAN J. TAYLOR 689-0800 `ADMITTED IN MA a NH FAX 508 794-0890 December 14, 1994 Donna Mae D'Agata North Andover Zoning Board of Appcals Town Hall North Andover, MA 01845 RE: Petitions for Special Permits and Variance for PBJ Development Dear Donna: PBJ Development requests and extension for action to be taken on its requests for special permits and variances on the 550 Turnpike Street site to the January 10, 1995 meeting. If you have any questions please call. PGS:srm d 1 �11QIQF7 BOARD OF APPEALS ,{OR TN xRErS H.P. NELSONTown of 120 Main Street, 01845 Director (508) 682-6483 ' NORTH ANDOVER BUILDING �� '^'•::e" 4° CON§ERVATION �@e�`" ats DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT January 13, 1995 Peter Shaheen, Esq. E300D OF APPEALS 565 Turnpike Street North Andover, MA 01845 Re: The Crossroads - Review of Traffic Study Dear Attorney Shaheen, Attached for your review is a copy of the critique of the Crossroads Traffic Impact Study prepared by the Merrimack Valley Planning Commission. Based upon this review, it will be my recommendation to the Planning Board that a revised study be submitted viewing the use as a shopping center instead of a specialty retail center. The plan should also be revised to show the location of other driveways in the vicinity and the striping of Route 114 in that location. I have also received a recommendation from the Chief of Police that the entrance to Hillside Road remain but that a gate be erected to control the flow of traffic. Speed bumps placed in strategic locations are also suggested. These recommendations should be considered in the revised study. If you have any questions please do not hesitate to call me at 682-6483 ext. 24. If you wish to contact the Merrimack Valley Planning Commission directly, you may contact either Tony Komornick or Bob Frey at 374-0519. Sincerely, Kathleen Bradley Colwell Town Planner cc. G. Perna, Interim Dir PCD R. Nicetta, Building Inspector Planning Board Zoning Board of Appeals Using the shopping center trip rate for a 24,000 square foot development (which was interpolated between the I Ok and 50k rates in the ITE table), vehicle trip projections are significantly higher than those for a specialty retail center (see Table 1). The "shopping center" projection of 3,384 daily vehicle trips is more than three times greater than the 976 trips projected in the report. Similarly, the projection for the PM peak hour is over 2 1/2 times higher. It is always prudent to base projections on the most reliable data possible, especially in view of the other planned and potential developments in the area. Ion Main Strcct lia,crhill. \1:\ nls;n IjnSt ;'4-0 14 Pay 1?-1--4stin 1. MEMORANDUM ;: ;�,; INIERRII1LACh T0: Kathleen Colwell, North Andover Town Planner MALLEI' FROM: Bob Frey, Transportation Planner PLAN tiIN( I SUBJECT: Crossroads Traffic Impact Study critique 0011 �IISSIOti DATE: January 10, 1995 In response to MVPC North Andover Commissioner John Smoiak's request. we Laµ rence S. Spiegel have reviewed the Traffic Impact Study for The Crossroads, which was prepared for PBJ Development Corporation by David J. Friend in December. Our review Luther E. Mclh%ain ILL( r,,,an focused on the traffic Venerating calculations and assumptions contained in the .John Stundza report. Set:nnarn N1 illiam V. Slusher 'rrc:nurrr The author used trip generation rates for a specialty retail center (land use - 814 in Ra}'mnnd Latuie the Institute of Traffic Engineers' (ITE's) Trip Generation, 5th Edition, p. 1127). ,-\ It. l rc:nurrr is studies for development directly across f,a,lordt.I- Burke This consistent with previous proposals from the site. However, the average trip rate presented for this land use cateuory is of dubious statistical validity, as it is based on only 3 cases nationwide. The ITE SerNin,the handbook stresses "Caution - Use Carefully - Small Sample Size" just below the communities of: averaV_e rate of 40.67 used to calculate vehicle trips in the report. I,, r, Anic,>ndo%cr Ij "'r' Since mix and type of retail stores is still unknown, simply using the Grrr�_rn�� n ciw1:,,di the ultimate appropriate trip rates for a shopping center (land use :=820) is statistically a much H:n crhi l l more accurate approach. Over 600 shopping centers of all sizes are included in the analyses. A table of different rates for different size centers was developed. and �tetr;rcn �r hnr, interpolation between rates is recommended for centers whose sizes do not exactly appear on the table. As stated in ITE's Trip Generation manual on page 1230, R„• I. "This methodology eliminates the need to categorize the center as a neighborhood.. community, or regional shopping center, or by different ITE land use codes other than 820." Using the shopping center trip rate for a 24,000 square foot development (which was interpolated between the I Ok and 50k rates in the ITE table), vehicle trip projections are significantly higher than those for a specialty retail center (see Table 1). The "shopping center" projection of 3,384 daily vehicle trips is more than three times greater than the 976 trips projected in the report. Similarly, the projection for the PM peak hour is over 2 1/2 times higher. It is always prudent to base projections on the most reliable data possible, especially in view of the other planned and potential developments in the area. Ion Main Strcct lia,crhill. \1:\ nls;n IjnSt ;'4-0 14 Pay 1?-1--4stin \;aLLEY Crossroads Proposal Page 2 of 3 January 10, 1995 Table I - TRIP GENERATION ITE LAND USE TYPE Rates and Vehicle Trips Specialty Retail Center 24Ksgft Shopping Center Daily Weekdav Rate IN (50%) 20.34 70.5 Daily 'vk'eekday Rate OUT (50%) 2034 70.5 Total Weekday Trip Rate 40.67 141.0 Total Trips IN 488 1,692 Total Trips OUT 488 1.692 Total Daily Weekday Trips 976 3,384 Weekdav PM Peak Rate IN 2.81 (57%) 6.4 (50%) Weekday PM Peak Rate OUT 2.12 (43%) 6.4 50% Total Weekday PM Peak Rate 4.93 12.8 Total Trips IN 67 153.5 Total Trips OUT 51 153. Total Weekday PM Peak Trips 118 307 .Mother element of trip generation to be considered is pass-bv trips. These trips are simply vehicles already present in the traffic flow of the adjacent street(s) that are diverted from their ultimate destinations by the attractions of the development. These vehicles that "stop -in" are not considered to be new trips generated by a development, since they would have already existed in the traffic stream. Pass -by trips are an important phenomenon when examining the traffic impact of a development. Unfortunately, more studies are needed to obtain reliable pass -by trip rates for use in new vehicle trip projections. The author's assumption (based on a recent study) of 44 percent pass -by trips for this development is not consistent with the 25 percent estimate of previous studies for similar developments across the street. However, neither estimate is unreasonable. ITE's Trip Generation manual points out that "The professional community should continue to use the results of the analyses of pass -by trip percentages tempered with engineering= judgment until more data are attained and the methodology produces results with higher correlation to the actual events." Therefore, the best method for obtaining reliable pass -by trip estimates is to conduct a site-specific survey for a similar land use in the vicinity. The report estimates the new vehicle trips (total minus pass -by) generated by ti_ : development to be approximately 547 daily (976 - [976 x 44%] = 547). If the "shopping center" projections are used,. new daily vehicle trips are estimated to be 1,895 (3,384 - [3,384 x 44%] = 1,895). Crossroads Proposal Pave 3 of 3 January 10, 1995 The question of which projection methodology to use is a key consideration, since any project generating 1,000 or more new vehicle trips per day is required to file an Environmental Impact Report (EIR) or Environmental Notification Form (ENF) under the requirements of the Massachusetts Environmental Policy Act (MEPA, Sections 301 CMR 1125 and 11.26). The site traffic distribution figures in the report appear consistent, with reasonable assumptions about traffic assignment to each site drive. However, turning movement volumes for the 1998 PM Peak Hour are partially based on numbers from the "1998 Evening Build Peak Hour" traffic volumes in the Osco Drug study - which has since been revised. The Crossroads turnip` movement volumes should be based on the revised numbers from the Osco Drubs study, which reflects vehicle trips for two area subdivision proposals. The intersection capacity and level of service analyses also appear consistent with the trip generation fiuures used, but these would have to be re-examined if the shopping center trip rates are used in any future calculations. 1i exw stac'h 1:a1,LE1' _ PL1\ \ I \G COM uu.;u>N A 400 N W' KAREN H.P. NELSON 3r' �� Town of 120 Main Street, 01845 Director (508) 682 -6483 BUILDING NORTH ANDOVER CONSERVATION@8'°" s`DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT January 13, 1995 Peter Shaheen, Esq. BOARD OF APPEALS 565 Turnpike Street North Andover, MA 01845 Re: The Crossroads - Review of Traffic Study Dear Attorney Shaheen, Attached for your review is a copy of the critique of the Crossroads Traffic Impact Study prepared by the Merrimack Valley Planning Commission. Based upon this review, it will be my recommendation to the Planning Board that a revised study be submitted viewing the use as a shopping center instead of a specialty retail center. The plan should also be revised to show the location of other driveways in the vicinity and the striping of Route 114 in that location. I have also received a recommendation from the Chief of Police that the entrance to Hillside Road remain but that a gate be erected to control the flow of traffic. Speed bumps placed in strategic locations are also suggested. These recommendations should be considered in the revised study. If you have any questions please do not hesitate to call me at 682-6483 ext. 24. If you wish to contact the Merrimack Valley Planning Commission directly, you may contact either Tony Komornick or Bob Frey at 374-0519. Sincerely, ii '•.i��"+,`lei �_�- \�� k�(1YS�y �� �`T^. l ' �t— Kathleen Bradley Colwell Town Planner cc. G. Perna, Interim Dir PCD R. Nicetta, Building Inspector Planning Board Zoning Board of Appeals MEMORANDUM MERRIA4ACh VALLEY FROM- Kathleen Colwell, North Andover Town Planner FROM: Bob Frey, Transportation Planner PLANN- N ING SUBJECT: Crossroads Traffic Impact Study critique COMMISSION DATE: January 10, 1995 In response to MVPC North Andover Commissioner John Smoiak's request, we Laµrence S. Spiegel have reviewed the Traffic Impact Stru�v for Die Crossroads, which was prepared Chairman for PBJ Development Corporation by David J. Friend in December . Our review Luther L Nlcllwain Vice chmn„an focused on the traffic generating calculations and assumptions contained in the ,luhn,tundza report. Secrctan 11 illiam E. Slusher Trea>urer The author used trip generation rates for a specialty retail center (land use += 814 in Raymond La%oie the Institute of Traffic Engineers' (ITE's) Trip Generation, 5th Edition, p.1127). A, Tw >t. rcarcr ca�I.r Burke This is consistent with previous studies for development proposals directly across E\ec"u\e Dm:,:tor from the site. However, the average trip rate presented for this land use category- is of dubious statistical validity, as it is based on only 3 cases nationwide. The ITE Senin the handbook stresses "Caution - Use Carefully - Small Sample Size" just below the communities of,: average rate of 40.67 used to calculate vehicle trips in the report. r \ndo%cr d"""rd Geor�,,rto,, n Since the ultimate mix and type of retail stores is still unknown, simply using the Gmmeianri appropriate trip rates for a shopping center (land use .= 820) is statistically a much Ila%erhil! Lmreni more accurate approach. Over 600 shopping centers of all sizes are included in the Mernm': analyses. A table of different rates for different size centers was developed, and \hthurn Ne„hun interpolation between rates is recommended for centers whose sizes do not exactly \e„h"r%poo-, appear on the table. As stated in ITE's Trip Generation manual on page 1230, \nnh :\n,io%, r Ro\%le\ "This methodology eliminates the need to categorize the center as a neighborhood; \\ ;i�h;;;tr, community, or regional shopping center, or by different ITE land use codes other than 820." Using the shopping center trip rate for a 24,000 square foot development (which was interpolated between the l0k and 50k rates in the ITE table), vehicle trip projections are significantly higher than those for a specialty retail center (see Table 1). The "shopping center” projection of 3,384 daily vehicle trips is more than three times greater than the 976 trips projected in the report. Similarly, the projection for the PM peak hour is over 2 1/2 times higher. It is always prudent to base projections on the most reliable data possible, especially in view of the other planned and potential developments in the area. I(,II Main Siren Haverhill. \1:\ OIS30 1508) 374-0,1Q Fax 1 Crossroads Proposal Paae 2 of 3 January 10. 1995 Table 1 - TRIP GENERATION ITE LAINtD USE TYPE Rates and Vehicle Trips Specialty Retail Center 24Ksgft Shopping Center Dailv Weekday Rate IN (50%) 20.34 70.5 Dailv Weekday Rate OUT (50%) 20.34 70.5 Total Weekday Trip Rate 40.67 141.0 Total Trips IN 488 1,692 Total Trips OUT 488 1.692 Total Daily Weekday Trips 976 3,384 \Veekdav PM Peak Rate IN 2.81 (57%) 6.4 (50%) Weekdav PM Peak Rate OUT 2.12 (43%) 6.4 50% Total Weekday PM Peak Rate 4.93 12.8 Total Trips IN 67 1`53.5 Total Trips OUT 51 153. Total Weekday PM Peak Trips 118 307 Another element of trip generation to be considered is pa.vs-bv trips. These trips are simply vehicles already present in the traffic flow of the adjacent street(s) that are diverted from their ultimate destinations by the attractions of the development. These vehicles that "stop -in" are not considered to be new trips generated by a development, since they would have already existed in the traffic stream. Pass -by trips are an important phenomenon when examining the traffic impact of a development. Unfortunately, more studies are needed to obtain reliable pass -by trip rates for use in new vehicle trip projections. The author's assumption (based on a recent study) of 44 percent pass -by trips for this development is not consistent with the 25 percent estimate of previous studies for similar developments across the street. However, neither estimate is unreasonable. ITE's Trip Generation manual points out that "The professional community should continue to use the results of the analyses of pass -by trip percentages tempered with engineering= judgment until more data are attained and the methodology produces results with higher correlation to the actual events." Therefore, the best method for obtaining reliable pass -by trip estimates is to conduct a site-specific survey for a similar land use in the vicinity. The report estimates the new vehicle trips (total minus pass -by) generated by t:_ _ development to be approximately 547 daily (976 - [976 x 44%] = 547). If the "shopping center" projections are used, new daily vehicle trips are estimated to be 1,895 (3,384 - [3,384 x 44%] = 1,895). 4U.LE1 TU. -IN -INT, (Y)>i>EI�.�III\ ♦t Crossroads Proposal Pave 3 of 3 January 10, 1995 The question of which projection methodology to use is a key consideration, since any project generating 1,000 or more new vehicle trips per day is required to file an Environmental Impact Report (EIR) or Environmental Notification Form (ENF) under the requirements of the Massachusetts Environmental Policy Act (MEPA, Sections 301 CMR 11.25 and 11.26). The site traffic distribution figures in the report appear consistent, with reasonable assumptions about traffic assignment to each site drive. However, turning movement volumes for the 1998 PM Peak Hour are partially based on numbers from the "1998 Evening Build Peak Hour" traffic volumes in the Osco Drug study - which has since been revised. The Crossroads turning movement volumes should be based on the revised numbers from the Osco Drug study, which reflects vehicle trips for two area subdivision proposals. The intersection capacity and level of service analyses also appear consistent with the trip �,eneration figures used, but these would have to be re-examined if the shopping center trip rates are used in any future calculations. )1ERRINW'K \ALLFY R11XV) LNG MNI V [SSION OF PHONE A MESSAGE, SIGNED TOPS 19 FORM 4003 �o Name GDM Realty Trust Address 550 Turnpike Street ! [�tsulinc Map Parcel Lot Name Address Andrew and Maxine Vannett 570 Turnpike Street John and Susan Dilorio 179 Hillside Street Robert A. Kent 171 Hillside Road William Sco a & 161 Hillside Road James B. Lauahery 151 Hillside Road AnthonyArcari L Tuli ano 137 Hillside Road John McCerry, Tr. 401 Andover Street Thomas J. Flatle Res. Div. P.O. Box 85007( Braintree, MA 02188 25 2 25 45 25 46 25 47 25 48 25 49 25 64 25 35 Fellowship Bible Church Turnpike Street 25 63 25 69 L Chestnut Green �' o c/o Kebb Management P.O. Box 64, Methuen, MA 1130ARD OF APPEAL$ 7G1+',l"Sivah',. \�Llv �'."���-�; i+�_".i. k'�ex•'i �:ti't'= r r. ;y � , ...�.....�.�-.T..�l,.h... ��:.-.�a....w.��.__1. ....A.'u ��.:`"E+__.. ...;,... r_.�..: +...,,...'•',�_ ._.�'r ^_.^`�i.y.Yf.,•`c.<<•�..-t.,a.:-c^.� 20 CIRACP SECTION 11. Notice for Public Hearing Publication of Notice In all cases where notice of a public hearing is in Newspaper required notice shall be given by publication in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen Posting days before the day of the hearing and by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing. In all cases where notice to individuals or specific boards or other agencies is required, notice shall be sent "Parties in Interest" by mail, postage prepaid. "Parties in interest" as used in this chapter shall mean the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the planning board of the city or town, and the planning board of every abutting city or town. The assessors maintaining any applicable tax list shall certify to the permit granting authority or special permit granting authority the names and addresses of parties in interest and such certification shall be conclusive for all purposes. The permit granting authority or special permit granting Waiver of Notice authority may accept a waiver of notice from, or an affidavit of actual notice to any party in interest or, in his stead, any successor owner of record who may not have received a notice by mail, and may order special notice to any such person, giving not less than five nor more than ten additional days to reply. Contents of Notice Publications and notices required by this section for Public Hearing shall contain the name of the petitioner, a description of the area or premises, street address, if any, or other adequate identification of the location, of the area or premises which is the subject of the petition, the date, time and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested if any. No such hearing shall be held on any day on. which a state or municipal election, caucus or primary is held in such city or town. Review of Special Permit Zoning ordinances or by-laws may provide that by Other Boards petitions for special permits shall be submitted and Agencies to and reviewed by one or more of the following The Zoning Board of Appeals held a Special Meeting on January 18, 1995 to discuss the Special Permits requests and the Variance request of PBJ Development Corp. The applicant is Mr. Peter Shaheen. The property is located at 550 Turnpike Street. Present: Walter Soule, Acting Chairman Raymond Vivenzio, Clerk Scott Karpinski Joseph F. Faris Building Inspector, Robert Nicetta Mr. Walter Soule chaired this meeting. The meeting was called to order at 7:15 P.M. There are three requests before the board: 1. Application for a Special Permit under Section 9, Paragraph 9.1 and/or 9.2 of the Zoning Bylaws; 2. Application for a Special Permit under Section 9, Paragraph 9.3 of the Zoning Bylaw; and 3. Applicant for a Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw. New plans were submitted to the board. The plans showed'an 8 -foot high stockade fence; a shaded area denoting future parking; planting schedule; and location plan. The site plan is -sheet No: A-2, dated 11/8/94 as drawn by Design Partnership Architects, Inc. of Haverhill, MA 01830. The project is Crossroads, Turnpike St., Rt. 114, N. Andover, MA. Mr. Soule asked the board if they had any questions, Negative response. Discussion ensued regarding the shaded area denoting future parking. 148 parking spaces meet the requirements. The applicant has room for 172 spaces. The shaded area is not being built now. If a restaurant goes in, the 172 spaces would meet the requirements. Scott Karpinski stated the plan has 148 spaces without the shaded area. R. Vivenzio read from the Zoning Bylaw the requirements of parking spaces with a restaurant and the requirements of parking spaces for retail stores. There was discussion regarding the three applications submitted by the applicant. The Special Permit request filed October 21, 1994 requests the Town allow a pre-existing non -conforming structure to be altered or modified provided such change is not more detrimental than the existing use. The site is presently an abandoned warehouse. The proposed use will be retail shops, fully landscaped. The Special Permit request filed November 18, 1994 requests the town allow a pre-existing structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs. The Variance request filed November 18, 1994 requests a variance from the front and -rear setbacks. J. Faris spoke regarding six (6) spaces per 1,000 s.f., this should be 5 spaces per 1,000 s.f. which would equal 170 spaces. The previous plan showed the parking scheme. S. Karpinski stated that the applicant is asking for retail use and the applicant meets the requirements. Discussion continued regarding the applicant is only asking for retail spaces and he meets the guidelines. The applicant will have parking for one restaurant. If the applicant desires any more restaurants, he will have to appear before the Zoning Board of Appeals to meet parking requirements. S. Karpinski stated the plan on the table is acceptable. R. Vivenzio asked about the 8 foot high stockade fence. Mr. Shaheen, the applicant, stated the fence is not to run along the property line of John McGarry. S. Karpinski asked Mr. Shaheen if the abutters give permission , would Mr. Shaheen put the shrubs on the abutters side of the fence. The plan does not reflect. shrubs on the abutters side of the fence. Mr. Shaheen stated he would require permission from the abutters, as there would be liability questions. J. Faris discussed the parking. S. Karpinski asked about the handicap spaces. Mr. Shaheen stated the spaces comply with the requirements. Mr. Robert Nicetta stated that in the R5 zone, the fence must have a 15 -foot buffer and shall remain open and green. No pavement within 15 -feet of the R5 area. It must be shrubs and grass. Walter Soule asked if there were any more questions from the Board. Negative response. R. Vivenzio read the town Special Permit requests and the Variance request. Mr. Vivenzio read a letter from the North Andover Fire Department dated November 8, 1994 stating the Fire Department has approved the plans as to access around the proposed development of the property located at 550 Turnpike Street. The letter was signed by Lt. Kenneth Long, Fire Prevention Officer. R. Vivenzio made a motion to grant the two Special Permits with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The .fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The motion was seconded by S. Karpinski. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. Discussion regarding the Variance request ensued. The front setback and the rear setback is five (5) feet. If other town boards change the plan, the applicant will have to come before the Zoning Board of Appeals again. The applicant agreed. S. Karpinski made a motion to grant the Variance with the same conditions as the Special Permits, second by R. Vivenzio. The vote was unanimous. Voting in favor: Mr. Soule, Mr Vivenzio, Mr. Karpinski and Mr. Faris. Mr. Soule thanked the applicant, the abutters and the concerned citizens. Mr. Soule informed the abutters that they have a right to appeal the board's decision. Motion by R. Vivenzio to adjourn the meeting at 8:45 P.M., seconded by S. Karpinski. Vote: unanimous. Walter Soule, Acting Chairman f Anyl:ppeal shall be filed with ij (20) days after the date of filing of this Notice in the Office of the Town Clerk. 0 i A/MLiR taas TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD QF APPEALS NOTICE OF DECISION Date .... January, 25, 1995• • . • _ • Petition No... .057-94 and 063-94 11-08-94 Date of Hearin 12-13-94 01-10-95 PBJ Developmnt Corp. 01-18-95 Petitionof.................e............................................................. Premises affected ... • .550 Turnpike Street Referring to the above petition for a fzx=.. SPECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify .a.prie.-exisitng .non-conf.orming. s.tructure..AND.a. SPECIAL.PERMIT.unde.r..Section -9, - Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- saxmxbvpumdtx .existing. non-confo.rming.structure .................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the .... SPECIAL. PERMITS...... ....... and hereby authorize the Building Inspector to issue a permit to ..PBJ Development ,Corp,• • .. • .. , ................................ for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed L-� ..Waiter Soule, Acting.Chairman Raymond Vivenzio ........................... Scott Karpinski Joseph F. Faris ........................................ ................................. Board of Appeals JOYi TOWN,' NORTH AOYE NOTICE OF DECISION Date .... January, 25, 1995• • . • _ • Petition No... .057-94 and 063-94 11-08-94 Date of Hearin 12-13-94 01-10-95 PBJ Developmnt Corp. 01-18-95 Petitionof.................e............................................................. Premises affected ... • .550 Turnpike Street Referring to the above petition for a fzx=.. SPECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify .a.prie.-exisitng .non-conf.orming. s.tructure..AND.a. SPECIAL.PERMIT.unde.r..Section -9, - Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- saxmxbvpumdtx .existing. non-confo.rming.structure .................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the .... SPECIAL. PERMITS...... ....... and hereby authorize the Building Inspector to issue a permit to ..PBJ Development ,Corp,• • .. • .. , ................................ for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed L-� ..Waiter Soule, Acting.Chairman Raymond Vivenzio ........................... Scott Karpinski Joseph F. Faris ........................................ ................................. Board of Appeals r "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8, feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. • I R EC JOYCE BfiAO�"� AW or �NORrML TOWN CLERK o NORTH ANDOVER � � p fit' � , filed • o 2 s P 55 Any appeal shalt be ��9`•;,o:" ��`0 within (20) days after the s`SACHUBE date of filing of this Notice to the Office c' the Town TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 ************************** The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as'to permit a pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%)percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, November 23, and Movember 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the !J abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this 1-9\� day of I_) , / 9 BOARD OF APPEALS d Wal er Soule, Acting Chairman Any appeal shaii be flied within (20) days aft8f the date of filing this Notice in the Office of the Town Clerk TOWN OF NORTH ANDOVER MASSACHUSETTS JOYCE BRADSHAW TONIN CLERK NORTH ANDOVER jAN 6 2 Fs N '55 BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 * The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as to permit a. pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, ;;;.-rember 23, and Movember 30, 1994 and all abutters were not-'.-fied by regular mail. Upon a Motion by 'i.. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the r4 abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not 'be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this o'?U' day of 9a /t , / % 96 BOARD OF APPEALS /1:71 Wal er Soule, Acting Chairman _ .�_.z..�u...� __ __�� a.ea _ _ . _ ;fi,J"'':—• p _..., � ate. .: ;,Z 2� It'. Wr I,.., SUBJECT PRO PE AddL' ass Ma P Parcel Lot Nat[ 550 Turn �Jce Street GDM Reap Trust ' 25 1 ABU TE Address ;yap Parcel Lot Nam Andrew and Maxine Gannett 179 � Turnpike Street ide Street 25 25 2 45 John and Susan Dilorio 171 Hillside Road 25 46 Robert A. Kent 161 Hillside Road 47 William Sco a & i"1a 151 Hillside Road 25 25 �— 48 James B. I�u he L Tulipano 137 Hillside Road 25 49 Anthon Arcari 401 Andover Street 25 64 John Mc Tr. Res. Div. P.O. Box 85007 35 Thomas J. Flatle Braintree, MA 02188 25 — 63 Fellowshi Bible Church Turn ike Street Kebb Mang ement 125 i 69 Chestnut Green C o c o p.0. Box 64, Methuen, MA r ►. �• ,._ 25 n a I BOARD OF APPEAL s _'_t..i;•.�'.)_ltsS!'.2�.4.+:`:r:iL��r.:,i4-uto�Va.i+�,-4'�c�Vit�" �t^�•� - _ ... '► .._.. Cl7.Y. November 8, 1994 Zoning Board of Appeals North Andover Town Hall North Andover, MA 01845 RE: Application of P.B.J. Development Corp. for Special Permit; Property located at 550 Turnpike Street, North Andover, MA Dear Board Members: I am a Trustee of the GDM Realty Trust, the present owner of the subject property. On behalf of the Trustees and beneficiaries of the Trust, I hereby express our unconditional support of the Application for Special Permit of P.B.J. Development Corp. P.B.J. Development Corp. presently has a Purchase and Sale Agreement to purchase the property, and.it is our opinion that it is in the best interests of the Town, the neighborhood and the present owners that P.B.J. Development Corp. be permitted to proceed with the development and purchase of the property. The subject property was formerly the place of business of William B. Kent & Sons, Inc., a moving and storage company owned by my family for many years. The business ceased in 1990 as the result of a dispute with Bank of New England, and the mortgage on the property is now held by the FDIC. Unless P.B.J. Development Corp. is able to proceed with the development and purchase of the property, it is likely that the property will be foreclosed upon by the FDIC. We believe that the present development plan, put forth by a corporation with principals who are local residents, is in harmony with the neighborhood and in keeping with the intent of the Zoning By-law. On behalf of the Trust, I request that the Board approve the Special Permit. Very truly yours, Dorothy�� Freeman, Trustee of GDM Realty Trust c Gl LEGAL NOTICE TOWN OF NORTH ANDOVER BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Ap- peals will hold a public hearing at the LI- BRARY/CONFERENCE ROOM of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 1994, at 7:30 o'clock, to all parties interest- ed in the appeal of PBJ LIEVELOPMENT CORP. tequesting•a• SPECIAL•PERMIT of Sec: 9, Paragraph 9.3 of the Zoning By Law - so as to permit A PRE-EXISTING NON- CONFORMING STRUCTURE TO BE AL. TERED OR DESTROYED BY MORE THAN SIXTY-FIVE (65%) PERCENT OF ITS RE- PRODUCTION COSTS. TO PERMIT THE EXISTING STRUCTURE TO BE TAKEN DOWN TO AN EXTENT GREATER THAN SIXTY-FIVE (65%) PERCENT OF ITS RE. PRODUCTION COSTS AND REPLACED WITH A NEW STRUCTURE. on the Prem- ises, located at 550 TURNPIKE STREET. By Order of the Board of Appeals William J. Sullivan, Chairman North Andover Citizen 11/23, 30 2t NORT" ° p �9SSACHUSEt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a LIBRARY/CONFERENCE ROOM public hearing at the Simlm= IX of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 19 94 , at 7:30 o'clock, to all parties interested in the appeal of PBJ DEVELOPMENT CORP. SPECIAL PERMIT under #ft1x6fA Sec. requesting a 9, Paragraph 9.3 of the Zoning By Law so as to permit A PRE-EXISTING NON -CONFORMING STRUCTURE TO BE ALTERED OR DESTROYED BY MORE THAN SIXTY-FIVE (657) PERCENT OF ITS REPRODUCTION COSTS. TO PERMIT THE EXISTING STRUCTURE TO BE TAKEN DOWN TO AN EXTENT GREATER THAN SIXTY-FIVE (65%) PERCENT OF ITS REPRODUCTION COSTS AND REPLACED WITH A NEW STRUCTURE on the premises, located at 550 TURNPIKE STREET By Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on November 23 and 30, 1994 Bill to: PBJ Development Corp. 565 Turnpike Street North Andover, MA 01845 Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. APS10" 9'30 1855 ►. S�CHU f p1j,"'W TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION JOYS= TO 'ts 0Lu NORTH ;��''C', J� Date .... January, 25, .1995, • Petition No....057-94 and 06k94 11-08-94* '� Date of Hearing.. 12-13-94 01-10-95 PBJ Develo ment ...Corp1-18-95 Petitionof..............P......P.•.................................................... Premises affected 550Turnpike Street .............................................. Referring to the above petition for a vadafimfwmthe q i I o&dbAx-. SPECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify a. px'.e.-exisitng .non-conf.arming. structure. AND. a. SPECIAL. PERMIT .unde.r..Section..9, • Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- samxWporadtx .existing. non-confo.rming.structure .................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT ..... the .... SPECIAL. PERMITS....... . ... and hereby authorize the Building Inspector to issue a permit to PBJ Development .Corp,..... . for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Signed Walter Soule, Acting Chairman Raymond Vivenzio .......................... Scott Karpinski Joseph F. Faris ..................................... ...................................... ................................ Board of Appeals ` t .r e "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8. feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an it"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. Any appeal sh611 be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. L tAORTF/ 4r et. . O�OOm 9 « 0; ° `sgCHUSE TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ,r -- JOYCE BRAO;> AW TOWN CLtr'K NORTH ANDOVER 2r P °S �. :.7 ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 * ************************** The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as to permit a pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, November 23, and Movember 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the 0 abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this ez,,�� day of BOARD OF APPEALS d Wal er Soule; Acting Chairman The Zoning Board of Appeals held a Special Meeting on January 18, 1995 to discuss the Special Permits requests and the Variance request of PBJ Development Corp. The applicant is Mr. Peter Shaheen. The property is located at 550 Turnpike Street. Present: Walter Soule, Acting Chairman Raymond Vivenzio, Clerk Scott Karpinski Joseph F. Faris Building Inspector, Robert Nicetta Mr. Walter Soule chaired this meeting. The meeting was called to order at 7:15 P.M. There are three requests before the board: 1. Application for a Special Permit under Section 9, Paragraph 9.1 and/or 9.2 of the Zoning Bylaws; 2. Application for a Special Permit under Section 9, Paragraph 9.3 of the Zoning Bylaw; and 3. Applicant for a Variance from the requirements of Section 7, Paragraph 7.3 and Table 2 of the Zoning Bylaw. New plans were submitted to the board. The plans showed an 8 -foot high stockade fence; a shaded area denoting future parking; planting schedule; and location plan. The site plan is sheet No: A-2, dated 11/8/94 as drawn by Design Partnership Architects, Inc. of Haverhill, MA 01830. The project is Crossroads, Turnpike St., Rt. 114, N. Andover, MA. Mr. Soule asked the board if they had any questions, Negative response. Discussion ensued regarding the shaded area denoting future parking. 148 parking spaces meet the requirements. The applicant has room for 172 spaces. The shaded area is not being built now. If a restaurant goes in, the 172 spaces would meet the requirements. Scott Karpinski stated the plan has 148 spaces without the shaded area. R. Vivenzio read from the Zoning Bylaw the requirements of parking spaces with a restaurant and the requirements of parking spaces for retail stores. There was discussion regarding the three applications submitted by the applicant. The Special Permit request filed October 21, 1994 requests the Town allow a pre-existing non -conforming structure to be altered or modified provided such change is not more detrimental than the existing use. The site is presently an abandoned warehouse. The proposed use will be retail shops, fully landscaped. The Special Permit request filed November 18, 1994 requests the town allow a pre-existing structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs. The Variance request filed November 18, 1994 requests a variance from the front and -rear setbacks. J. Faris spoke regarding six (6) spaces per 1,000 s.f., this should be 5 spaces per 1,000 s.f. which would equal 170 spaces. The previous plan showed the parking scheme. S. Karpinski stated that the applicant is asking for retail use and the applicant meets the requirements. Discussion continued regarding the applicant is only asking for retail spaces and he meets the guidelines. The applicant will have parking for one restaurant. If the applicant desires any more restaurants, he will have to appear before the Zoning Board of Appeals to meet parking requirements. S. Karpinski stated the plan on the table is acceptable. R. Vivenzio asked about the 8 foot high stockade fence. Mr. Shaheen, the applicant, stated the fence is not to run along the property line of John McGarry. S. Karpinski asked Mr. Shaheen if the abutters give permission , would Mr. Shaheen put the shrubs on the abutters side of the fence. The plan does not reflect. shrubs on the abutters side of the fence. Mr. Shaheen stated he would require permission from the abutters, as there would be liability questions. J. Faris discussed the parking. S. Karpinski asked about the handicap spaces. Mr. Shaheen stated the spaces comply with the requirements. Mr. Robert Nicetta stated that in the R5 zone, the fence must have a 15 -foot buffer and shall remain open and green. No pavement within 15 -feet of the R5 area. It must be shrubs and grass. Walter Soule asked if there were any more questions from the Board. Negative response. R. Vivenzio read the town Special Permit requests and the Variance request. Mr. Vivenzio read a letter from the North Andover Fire Department dated November 8, 1994 stating the Fire Department has approved the plans as to access around the proposed development of the property located at 550 Turnpike Street. The letter was signed by Lt. Kenneth Long, Fire Prevention Officer. R. Vivenzio made a motion to grant the two Special Permits with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The motion was seconded by S. Karpinski. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. Discussion regarding the Variance request ensued. The front setback and the rear setback is five (5) feet. If other town boards change the plan, the applicant will have to come before the Zoning Board of Appeals again. The applicant agreed. S. Karpinski made a motion to grant the Variance with the same conditions as the Special Permits, second by R. Vivenzio. The vote was unanimous. Voting in favor: Mr. Soule, Mr Vivenzio, Mr. Karpinski and Mr. Faris. Mr. Soule thanked the applicant, the abutters and the concerned citizens. Mr. Soule informed the abutters that they have a right to appeal the board's decision. Motion by R. Vivenzio to adjourn the meeting at 8:45 P.M., seconded by S. Karpinski. Vote: unanimous. Walter Soule, Acting Chairman KAREN H.P. NELSONr Town Of 120 Main Street, 01845 Director (508) 682-6483 BUILDING �*� •<.:�.;:�� �� NORTH ANDOVER CONSERVATION e@"O" $E4 DIVISION OF HEALTH PLANNING PLANNING & COMMUNITY DEVELOPMENT [BOARD AN 1January 13, 1995 Peter Shaheen, Esq. OF APPEALS 565 Turnpike Street North Andover, MA 01845 Re: The Crossroads - Review of Traffic Study Dear Attorney Shaheen, Attached for your review is a copy of the critique of the Crossroads Traffic Impact Study prepared by the Merrimack Valley Planning Commission. Based upon this review, it will be my recommendation to the Planning Board that a revised study be submitted viewing the use as a shopping center instead of a specialty retail center. The plan should also be revised to show the location of other driveways in the vicinity and the striping of Route 114 in that location. I have also received a recommendation from the Chief of Police that the entrance to Hillside Road remain but that a gate be erected to control the flow of traffic. Speed bumps placed in strategic locations are also suggested. These recommendations should be considered in the revised study. If you have any questions please do not hesitate to call me at 682-6483 ext. 24. If you wish to contact the Merrimack Valley Planning Commission directly, you may contact either Tony Komornick or Bob Frey at 374-0519. Sincerely, Kathleen Bradley Cdlwell Town Planner cc. G. Perna, Interim Dir PCD R. Nicetta, Building Inspector Planning Board Zoning Board of Appeals r MERRIMACK TO: VALLEY FROM: PLANNING SUBJECT COMMISSION DATE: MEMORANDUM t JAI! 0 Kathleen Colwell, North Andover Town Planner Bob Frey, Transportation Planner Crossroads Traffic Impact Study critique January 10, 1995 Using the shopping center trip rate for a 24,000 square foot development (which was interpolated between the l0k and 50k rates in the ITE table), vehicle trip projections are significantly higher than those for a specialty retail center (see Table 1). The "shopping center" projection of 3,384 daily vehicle trips is more than three times greater than the 976 trips projected in the report. Similarly, the projection for the PM peak hour is over 2 1/2 times higher. It is always prudent to base projections on the most reliable data possible, especially in view of the other planned and potential developments in the area. 160 Main Street Haverhill. MA 01830 ( 508) 374-05 19 Fax 372-4890 In response to MVPC North Andover Commissioner John Smolak's request, we Lawrence S. Spiegel have reviewed the Traffic Impact Study for The Crossroads, which was prepared Chairman for PBJ Development Corporation by David J. Friend in December. Our review Luther E. Mcll%ain Vice Chairman focused on the traffic generating calculations and assumptions contained in the John Stundza report. Secretary William E. Slusher Treasurer The author used trip generation rates for a specialty retail center (land use # 814 in Raymond Lavoie the Institute of Traffic Engineers' (ITE's) Trip Generation, 5th Edition, p.1127). Asst. Treasurer This is consistent with previous studies for development proposals directly across Gaylord Burke Executive Director from the site. However, the average trip rate presented for this land use category is of dubious statistical validity, as it is based on only 3 cases nationwide. The ITE Serving the - maam p handbook stresses "Caution - Use CarefullySmall Sample Size" 'ust below the communities of: average rate of 40.67 used to calculate vehicle trips in the report. Amesbur Andover Boxford Since the ultimate mix and type of retail stores is still unknown, simply using the Georaetoti n Groveland appropriate trip rates for a shopping center (land use # 820) is statistically a much Haverhill Lawrence more accurate approach. Over 600 shopping centers of all sizes are included in the Merrimac analyses. A table of different rates for different size centers was developed, and Methuen Newhury interpolation between rates is recommended for centers whose sizes do not exactly Newbury appear on the table. As stated in ITE's Trip Generation manual on page 1230, r Northrth Andover Rowley "This methodology eliminates the need to categorize the center as a neighborhood, Salisbun West Newbur community, or regional shopping center, or by different ITE land use codes other than 820." Using the shopping center trip rate for a 24,000 square foot development (which was interpolated between the l0k and 50k rates in the ITE table), vehicle trip projections are significantly higher than those for a specialty retail center (see Table 1). The "shopping center" projection of 3,384 daily vehicle trips is more than three times greater than the 976 trips projected in the report. Similarly, the projection for the PM peak hour is over 2 1/2 times higher. It is always prudent to base projections on the most reliable data possible, especially in view of the other planned and potential developments in the area. 160 Main Street Haverhill. MA 01830 ( 508) 374-05 19 Fax 372-4890 January 10, 1995 Table 1 - TRIP GENERATION MERR1111ACh Rates and Vehicle Trips VALLEY Crossroads Proposal PLANNING Page 2 of 3 COM511.1S10` January 10, 1995 Table 1 - TRIP GENERATION ITE LAND USE TYPE Rates and Vehicle Trips Specialty Retail Center 24Ksgft ShoppingCenter Daily Weekday Rate IN (50%) 20.34 70.5 Daily Weekday Rate OUT (50%) 20.34 70.5 Total Weekday Trip Rate 40.67 141.0 Total Trips IN 488 1,692 Total Trips OUT 488 102 Total Daily Weekday Trips 976 3,384 Weekday PM Peak Rate IN 2.81 (57%) 6.4 (50%) Weekday PM Peak Rate OUT 2.12 43% 6.4 50% Total Weekday PM Peak Rate 4.93 12.8 Total Trips IN 67 153.5 Total Trips OUT 51 153.5 Total Weekday PM Peak Trips 118 307 Another element of trip generation to be considered is pass-hy trips. These trips are simply vehicles already present in the traffic flow of the adjacent street(s) that are diverted from their ultimate destinations by the attractions of the development. These vehicles that "stop -in" are not considered to be new trips generated by a development, since they would have already existed in the traffic stream. Pass -by trips are an important phenomenon when examining the traffic impact of a development. Unfortunately, more studies are needed to obtain reliable pass -by trip rates for use in new vehicle trip projections. The author's assumption (based on a recent study) of 44 percent pass -by trips for this development is not consistent with the 25 percent estimate of previous studies for similar developments across the street. However, neither estimate is unreasonable. ITE's Trip Generation manual points out that "The professional community should continue to use the results of the analyses of pass -by trip percentages tempered with engineering judgment until more data are attained and the methodology produces results with higher correlation to the actual events." Therefore, the best method for obtaining reliable pass -by trip estimates is to conduct a site-specific survey for a similar land use in the vicinity. The report estimates the new vehicle trips (total minus pass -by) generated by t:. development to be approximately 547 daily (976 - [976 x 44%] = 547). If the "shopping center" projections are used, new daily vehicle trips are estimated to be 1,895 (3,384 - [3,384 x 44%] = 1,895). t Crossroads Proposal Page 3 of 3 January 10, 1995 The question of which projection methodology to use is a key consideration, since any project generating 1,000 or more new vehicle trips per day is required to file an Environmental Impact Report (EIR) or Environmental Notification Form (ENF) under the requirements of the Massachusetts Environmental Policy Act (MEPA, Sections.301 CMR 11.25 and 11.26). The site traffic distribution figures in the report appear consistent, with reasonable assumptions about traffic assignment to each site drive. However, turning movement volumes for the 1998 PM Peak Hour are partially based on numbers from the "1998 Evening Build Peak Hour" traffic volumes in the Osco Drug study - which has since been revised. The Crossroads turning movement volumes should be based on the revised numbers from the Osco Drug study, which reflects vehicle trips for two area subdivision proposals. The intersection capacity and level of service analyses also appear consistent with the trip generation figures used, but these would have to be re-examined if the shopping center trip rates are used in any future calculations. MERRIMACK VALLEY PLANNING c mmm,cin ,w If C�.''0 7tiL R E i 7 JOYCE ERA"' -'AW AM10",, TOWN GLt . • • 1653 : '� NORTH AhC-10'fER Any appeal shall be filed '.f�g•.,,,,.�� within (20) days after the '' ,;;; date of filing of this )r1�r LJ L 8 ri': JJ Notice in the Office TOWN OF NORTH ANDOVER of the Town Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Date January. 25, 1995 .. Petition No.....063-9,4 ........... 12-13-94 Date of Hearing . 01-10.- 9 5 ......... 01-18-95 Petition of ... PBJ Development . Corp......... . ............................................ Premises affected .550. Turnpike, Street ............................................. Referring to the above petition for a variation from the requirements of thw . S e c.t ion . 7.,. . . . . Paragraph. 7. 3.,. Table 2..of.the. Zoning. Bylaw ....................................... so as to permit a variation .from, the .front. and. rear. .setback. .r.equirements ......... . (front and, rear. .setbacks .to. be. 5..feet)............................................. After a public hearing given on the above date, the Board of Appeals voted to .. GRANT..... the VARIANCE and hereby authorize the Building Inspector to issue a permit to PBJ Development Corp.. ............................. for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Signed Walter Soule, Acting Chairman Raymond Vivenzio Scott Karpinski Joseph F. Far.is.... ............................. Board of Appeals "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. gamy apoeai shall be filed within (20) dais afte the a. -"e of i i1 ng ,r this Notice in the Officc- of the Town sir -i -K ORTH pC-'} NORTH 'Vi i .'ER TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #063-94 North Andover, MA 01845 * ************************** The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this p06� day of 9"1 19 6 BOARD OF APPEALS �6)Az&"/z z /' Walter Soule, Acting Chairman TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS SPECIAL MEETING - JANUARY 18, 1995 7:00 P.M. LIBRARY / CONFERENCE ROOM UNDER ADVISEMENT PBJ Development Special Permit 550 Turnpike Street non -conforming PBJ Development Variance 550 Turnpike Street Front & Side Setback %11/1LIi Deliberations and vote on any issue taken under advisement may take place later in the meeting, after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. e: . UNDER ADVISEMENT PBJ Development 550 Turnpike Street PBJ Development 550 Turnpike Street TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS SPECIAL MEETING - JANUARY 18, 1995 7:00 P.M. LIBRARY / CONFERENCE ROOM Special Permit non -conforming Variance Front & Side Setback Deliberations and vote on any issue taken under advisement may take place later in the meeting, after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. RECLINED • J010E BRA`DsHAW . NORTH TOWN CtERK °:•"`° '•�"°„ NORTH ANDOVER �lANIZ 13itg� ! M TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS SPECIAL MEETING - JANUARY 18, 1995 7:00 P.M. LIBRARY / CONFERENCE ROOM THE NORTH ANDOVER BOARD OF APPEALS WILL HOLD A SPECIAL MEETING IN THE LIBRARY / CONFERENCE ROOM LOCATED IN THE LOWER LEVEL OF THE TOWN HALL, 120 MAIN SRTEET, NORTH ANDOVER, MA ON WEDNESDAY, JANUARY 18, 1995 AT 7:00 P.M. UNDER ADVISEMENT PBJ Development 550 Turnpike Street PBJ Development 550 Turnpike Street TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS SPECIAL MEETING - JANUARY 18, 1995 7:00 P.M. LIBRARY / CONFERENCE ROOM Special Permit non -conforming Variance Front & Side Setback Deliberations and vote on any issue taken under advisement may take place later in the meeting, after the conclusion of the hearing and other matters listed on the agenda. All interested parties are invited to remain to the end of the meeting. .- RE�E1VEt� JOl`CE gRAp3HAW e NoRTp TOWN CLERK ".6 NORTH ANDOVER F? 0• '• °op ;AN I Z I2 13 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS SPECIAL MEETING — JANUARY 18, 1995 7:00 P.M. LIBRARY / CONFERENCE ROOM THE NORTH ANDOVER BOARD OF APPEALS WILL HOLD A SPECIAL MEETING IN THE LIBRARY / CONFERENCE ROOM LOCATED IN THE LOWER LEVEL OF THE TOWN HALL, 120 MAIN SRTEET, NORTH ANDOVER, MA ON WEDNESDAY, JANUARY 18, 1995 AT 7:00 P.M. Town of North Andover Zoning Board of Appeals Petition(s)# DECISION On January 10, 1995 the Board of Appeals, (hereinafter "the Board"), held a regular meeting on the applications of PBJ Development Corporation, hereinafter applicant for the special permits and variances described below. Present at this meeting were the following members of the Board: Walter Soule, Acting Chairman, Raymond Vivenzio, Robert Ford, John Pallone, Joseph Faris. The applicant has requested a special permit under Section 9, paragraph 9.1 and 9.2 of the Zoning By-law to alter and modify a pre-existing non -conforming structure. Notice of this appeal its hearing was advertised in the Lawrence Eagle Tribune on October 24th and 31st, 1994. A hearing on this appeal was held on November- 8, 1994. Also, the applicant has requested a special permit under Section 9 Paragraph 9.3 of the Zoning By -Law, to alter or destroy more than sixty five (65%) percent of a pre-existing non - confirming structure. Notice of this appeal and hearing was published in the North Andover Citizen on November 23rd and November 30th. A hearing was held on December 13, 1994. The applicant has also requested variance of Section 7 Paragraph 7.3 Table 2 of the Zoning By -Laws to vary from the front and rear setback requirements. Notice of this appeal and hearing was also published in the North Andover Citizen on November 23, 1994 and the hearing was held on December 13, 1994. The hearings referred to above were all continued to January 10, 1995. The applicant currently has the property at 550 Turnpike Street, North Andover, under agreement and has proposed developing the site into a single 24,000 s.f., one story, retail center. This new structure would house several retail businesses. The subject property is the former site of William Kent & Sons moving and storage company. It is currently owned by the GDM Realty Trust, a trust owned by some members of Kent Family. The Kents operated their business from this site since the 1950's. The Kent business closed in 1990 and this property has fallen into a dilapidated condition. There are currently two known business operating from this site, a used car and auto repair business and a landscaping company. The site itself is 3.84 acres in size and is zoned general business. It has approximately 385 feet of frontage on Route 114. The lot is unusually shaped, however, with a large portion of the lot being a roughly triangular shape located to the northwesterly rear of the lot. Residential lots abut the property on its northeasterly side. r _ Tile applicant has shown through plans and artistic renderings that it plans to replace the two existing buildings with a modern one story, 24,000 s.f. structure designed to blend in architecturally with the Chestnut Green office complex located across the street. The current buildings are two seperate warehouse structures which together are 19,000 s.f. in size. Under current zoning, the applicant could use these structures for the retail uses proposed. The Board heard from most of the direct abutters, as well as others living along I-Iillside Road. The majority of these support replacing the existing structures with the applicant's proposal structure. Based upon the foregoing the Board finds that the conditions for granting the requested special permits and variances have been met and therefore should be granted for the following reasons. With regard to the special permits, the Board's inquiry is limited. A special permit to extend alter or modify a pre-existing non -conforming use shall be permitted if the Board finds that such extension or alteration is not more detrimental than the existing non -confirming use to the neighborhood. It is clear from the applicant's representations as well as input from the neighbors that the proposed new structure will be an improvement over the current use. Also, the proposed extension does not exceed an aggregate of more than twenty-five (25%) percent of the original use. The special permit to replace more than sixty five (65%) percent of the original structure following its demolition is likewise proper for the reasons outlined above. II. With regard to the variances requested the Board finds these should be granted for the following reasons: A. There are circumstances relating to the soil conditions, shape or topography of the property which especially affect the property but not generally the zoning district in which it is located. The property is unusually shaped with the portion closest to Route 114 being a narrow long rectangular shape and with a back portion extending away from Route 114 in a narrow strip and then expanding to a roughly triangular shape. These conditions relate specifically to the shape of the property. B. Owing to the above conditions, a literal enforcement of the Zoning By -Law will involve substantial hardship, financial or otherwise, to the applicant. It would be impossible to build the applicants proposed structure under the current By -Law since the 100 foot front setback off of Route 114 would leave only 80 feet in which to place the new building. Taking into account required buffers and parking this is impossible. Likewise, the rear setback is needed to allow for construction of the new structure. Current zoning requires a fifty (50) foot setback and the applicants have proposed a forty-four (44') foot setback. This improves the current situation because the existing structure is only thirty eight (38) feet from the abutters property line. Construction of applicant's proposed structure is preferable to renovations of the existing structures. C. The desired relief may be granted without substantial detriment to the public good and with nullifying or substantially derogatoring from the intent and purpose of the By -Law. The proposed structure is a large improvement over the current buildings and in each case a non-conformance now existing is, by applicants proposed structure, being brought more into conformance with the current zoning. For above reasons the Board has voted to grant the requested variances and special permits with the following conditions: Reference is made to the Applicant's site plan dated November 8, 1994 entitled, " Crossroads", rt. 114, N. Andover, MA, prepared by Design Partnership Architects, Inc. Applicant shall: 1. Construct the building within the footprint as shown on said plan. 2. Construct an eight foot high stockade fence as shown on said plan to provide a buffer for the neighbors. 3. Comply with the Planting schedule as shown on said plan. The ardorvitaes shown on said plan which provide buffer for the neighbors shall be planted on the abutter's side of the said fence and shall be spaced five apart on center. 4. The parking lot shall constructed as shown but the area shown as "future parking" need not be constructed unless actually needed by the applicant. 61 6. Town of North Andover Zoning Board of Appeals LAW OFFICE OF PETER G. SHAHEEN CHESTNUT GREEN S65 TURNPIKE STREET, SUITE 81 PETER G. SHAHEENNORTH ANDOVER, MASSACHUSETTS 01845 MEGAN J. TAYLOR 'ADMITTED IN MA a NH December 14, 1994 Donna Mae D'Agata North Andover Zoning Board of Appeals Town Hall North Andover, MA 01845 RE: Petitions for Special Permits and Variance for PBJ Development Dear Donna: TELEPHONE 508 689-0800 FAX 508 794-0890 PBJ Development requests and extension for action to be taken on its requests for special permits and variances on the 550 Turnpike Street site to the January 10, 1995 meeting. If you have any questions please call. PGS:srm a �DEC 1 6 1994 80ARD OF APPEALS NORTH OF ,�t Sao ra. O - p 9 SSAGHUS�� TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a LIBRARY/CONFERENCE ROOM public hearing at the SWfflbV= of the Town Building, 120 Main Street, North Andover on TUESDAY the 13TH day of DECEMBER 19 94 , at 7:30 o'clock, to all parties interested in the appeal of PBJ DEVELOPMENT CORP. requesting a SPECIAL PERMIT under #t!1x?5fA Sec. 9, Paragraph 9.3 of the Zoning By Law so as to permit A PRE-EXISTING NON -CONFORMING STRUCTURE TO BE ALTERED OR DESTROYED BY MORE THAN SIXTY-FIVE (65%) PERCENT OF ITS REPRODUCTION COSTS. TO PERMIT THE EXISTING STRUCTURE TO BE TAKEN DOWN TO AN EXTENT GREATER THAN SIXTY-FIVE (65%) PERCENT OF ITS REPRODUCTION COSTS AND REPLACED WITH A NEW STRUCTURE on the premises, located at 550 TURNPIKE STREET By Order of the Board of Appeals William J. Sullivan, Chairman Publish in the North Andover Citizen on November 23 and 30, 1994 Bill to: PBJ Development Corp. 565 Turnpike.Street North Andover, MA 01845 NORTH ,ANDOVER FIRE DEPARTMENT CENTRAL FIRE HEADQUARTERS 124 Main Street SSgcHUS North Andover, Mass. 01845 WILLIAM V. DOLAN Chief of Department Tel. (508) 686-3812 (508) 689-4350 To: Zoning Board of Appeals From: North Andover Fire Department Re: Development of Kent Property, 550 Turnpike St. Date: November 8, 1994 The Fire Deppartment, Fire Prevention Office, has approved the plans as to access around the proposed development of the property located at 550 Turnpike Street. Lt. Kenneth E. Long Fire Prevention 0 ' er NOV - 9 1994 _ . "SMOKE DETECTORS SAVE LIVES'' f ie t � f 0VC1 = 'AW NOR,iJ r,V E -R eceived 0009nl 11��. TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant PBJ Development Corp. Address 565 Turnpike Street North Andover, MA 01845 Tel. No. 508/ 689-0800 1. Application is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section 9 Paragraph 9.3 of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered 550 Turnpike Street. b) Premises affected are property with frontage on the North (* ) South ( ) East ( ) West ( ) side of Turnpike Street. Street, and known as No. 550 Turnpike Street. C) Premises affected are in Zoning District GB , and the premises affected have an area of square feet and frontage of 383 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names): Marilyn Klier and Dorothy Freeman, Trustees of the GDM Realty Trust Date of Purchase 1955 Previous Owner Dawson and Hill b) 1. If applicant is not owner, check his/her interest in the premises: * Prospective Purchaser Lessee Other 2. Letter of authorization for variance/Special Permit required. 4. Size of proposed building: 240 front; 240 feet deep; Height 1 stories; 30 feet. a) Approximate date of erection: July 1995 b) Occupancy or use of each floor: retail c) Type of construction: wood, brick, steel, masonry Has there been a previous appeal, premises? no If so, when? under zoning, on these 6. Description of relief sought on this petition special permit to allow a pre-existing non -conforming stnirturp, to he altPrarl pr rlActroyed by more than sixty five (650) percent of its reproduction costs. 7. Deed recorded in the Registry of Deeds in Book 818 Page 97&98 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) To permit the existing structure to be taken down to an extentgreater than sixty five (65%) percent of its reproduction costs and replaced with a new structure. I agree to pay i ing fee, advertising in newspaper, and incidental expens s* ignature of Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (300' ) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. PRINT CLEARLY OR TYPE USING BLACK INK. It' MUM THAN Lu NAMtb rKuvII)h L J�15'La .- ZBA. Premises to be affected: LIST OF PARTIES OF INTEREST R11R.IFC;T PROPERTY AAP PARCEL ILOT INAME ADDRESS 25 1 ARI ITTFR.q MAP PARCEL LOT NAME ADDRESS 25 2 Andrew &Maxine Vannett 570 Turnpike Street 25 45 John & Susan Dilorio 179 Hillside Avenue 25 46 Robert A. Kent 171 Hillside Avenue 25 47 D1Llhgn Sappa & MnyAm Tneri�.ilt 162 Hillside Avenue 25 48 James B. Laughery 151 Hillside Avenue I 25 49 Anthonv Arcari Lynn Tuli ano 137 Hillside Avenue 25 64 John McGarry, Trustee 401 Andover Street 25 35 Thomas J. FlatleV Pes.Div. P.O. Bux 850070 Rmintme T 25 63 I Fellowship Bible Church Turnpike Street 25 69 Chestnut Green c/o Kebb Management Co. P.O. Box 64, Methuen, MA I ' I i i I I I A 25 Map 25 25 25 25 25 25 1 25 R ROPERTY Address Parcel Lot Name 1 GDM Realty Trust 550 Torr► ike S FA �t � • � ' C .tjZ 1e1 �y'' � �.-`� .� � "-� ' LLQ �!:'. +.�� . ::�. � 1 BOARD OF APPEALS Address Parcel Lot Name and Maxine Vannett 570 Turn ike Street 2 Andrew John and Susan Dilorio 179 Hillside Street 45 171 Hillside Road 46 Robert A. Kent 161 Hillside Road _ William•Sco a & Ma 151 Hillside Road _4_7 48 James B. L8u he L Tulioano 137 Hillside 49 Anthon prcari 401 AndoverStreet 64 John Mc Tr. Res. Div. P.O. Box 85007( 35 Thomas J. Flatle Braintree, MA 02188 Fellowshi Bible Church Turn ike Street 63 greencon o c o Kebb Mana ement 69 Chestnut P.O. Box 64, Methuen, MA FA �t � • � ' C .tjZ 1e1 �y'' � �.-`� .� � "-� ' LLQ �!:'. +.�� . ::�. � 1 BOARD OF APPEALS rn In O b In �.n (D O in i r• y .P N rS b b fD H. Y• rt C/1 rt fD fD .0 tD G rt (D V rn rt b t. IC -4 fId I� C - �ro IC, I 1� r y ti� 1 ' �3 ?� �4�11s��� a yr "ANDOVER - -: aSSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at ,roRTH the Senior Citizen's Cen- of to ,, lov ter located at the rear of the Town Building, 120 Main o m Street, North Andover on a Tuesday, the 8th day of November 1994, at 7:30 ' o'clock, to all parties inter- C�` �9SSqcHUSE<sy ested in the appeal of PBJ Development Corp. requesting a special permit under Sec. 9, Para. 9.1 and /or 2 of the Zoning By Law TOWN OF NORTH ANDOVER so as to permit a pre-exis- ting non -conforming struc- ture to be altered and MASSACHUSETTS modified. Currently this site is an abandoned ware- house out of which are operating auto repair BOARD OF APPEALS shops. The proposed use will be retail shops in a mod- iern, aesthetically pleasing NOTICE structure, fully landscaped on the premises, located at 550 Turnpike Street. By Order of the Board of Appeals William J. Sullivan, Chairman E -T - Oct. 24, 31, 1994 Notice is hereby given that the Board of Appeals, will hold a public hearing at the Senior Citizen's Center located at the reap of the Town Building, 120 Main Street, North Andover on _ Tuesday, the 8th day of November 19 94 , at x'30 o'clock, to all parties interested in the appeal of PBJ Development Corp. requesting a SPECIAL PERMIT under vW1RX:�NX Sec. 9, Para. 9.1 and/or 2 of the Zoning By Law so as to permit a pre-existing non -conforming structure to be altered and modified. Currently this site is an abandoned warehouse out of which are operating auto repair shops. The proposed use will e retail shops in a modern, aesthetically pleasing structure, fully landscaped. on the premises, located at 550 Turnpike Street By Order of the Board of Appeals William J. Sullivan, Chairman Lawrence Eagle Tribune Oct. 24 & 31, 1994 Publish in the on Bill to: PBJ Development Corp. ' 565 Turnpike Street No. Andover, MA 01845 N F E :f JOYCE RA," .' ` AW • r°-� man+ :X► T0VIN Cwt • •, tags : '� NORTH AN�':r`F'ER Any appeal shall be filed '.t�s•.,,,,.� within (20) days after the ,;��; �'r! o LL date of filing of this ,r.ip LJ L ' 3 r�` �J Notice in the Office Tom OF NORTH ANDOVER of the Town Clerk. MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION January. 25, 1995 Date ............ ........ Petition No.....063-9.4 ........... 12-13-94 Date of Hearing . 017.10.- 9 5 ......... 01-18-95 Petition of PBJ Development . Corp.. ................................................... Premises affected .550. Turnpike. St_r,eet............................................... Referring to the above petition for a variation from the requirements of thw. Sec.tzon. 7....... Paragraph 7.3,. Table. .2. of. the. Zoning. Bylaw .. ............................. so as to permit a variation .from. the .front. and. rear. .setback. .r.equiremeAts ......... . (front and. rear, .setbacks .to. be. 5..feet)............................................. After a public hearing given on the above date, the Board of Appeals voted to .. GRANT..... the VARIANCE and hereby authorize the Building Inspector to issue a permit to PBJ Development -Corp.. .......... I .............. for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Signed Walter Soule, Acting Chairman Raymond Vivenzio Scott Karpinski Jos.ePh.F. Faris.... . .............................. Board of Appeals "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. Ary anoeai ;ra+l be filed withi+� (2^7 Via; c 'I te; the 'fl Lhe fll'icW of :k -he Town TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #063-94 North Andover, MA 01845 * ************************** The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. T0t='> ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #063-94 North Andover, MA 01845 * ************************** The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this J6 day of F 19 9%5 BOARD OF APPEALS Walter Soule, Acting Chairman Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. Jnr+ 1885 : TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION JOYCE fir. TOWN GEE NORTH A� Date .... January, 25, .1995, . , . , . Petition No... 0 7-94 and. 063-94 �11-08-94 Date of Hearing.. 12-13-94 01-10-95 Petition of PBJ..Development.Corp. 01-18-95 ............. ....... . Premises affected 550Turnpike Street ............................................. Referring to the above petition for a va66=frc=thmnq ,.widhec... SPECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify .a. pr.e.-exisitng .non -conforming. structure. AND. a. SPECIAL. PERMIT .unde.r .Section, .9, . Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- sa=xX%pamxitx .existing. non -conforming. st-ructure.................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the SPECIAL. PERMITS ............... and hereby authorize the Building Inspector to issue a permit to PBJ Development..Corp.................. .... ................................ for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. JAN 2 6 Signed G'LC: E�C .. .... Walter Soule, Acting Chairman Raymond Vivenzio .........I ................ Scott Karpinski Joseph F. Faris ....................................... .................... Board of Appeals "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8. feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. JOYCE BRA''JAW O�r10RTly, OuTOWN CLERK c� `• 9 NORTH ANDOVER filed ��-y�, -�: „ ,.�„N t 3 Z B P� Any appeal shall be ;',,,;� within (20) days after the '�BACHUB�� date of filing of this Notice in the Office ofi the Towrl TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 * ************************** The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as to permit a pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, :z�'vember 23, and Movember 30, 1994 and all abutters were no=".-fied by regular mail. Upon a Motion by �H-. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this �6' day of 99- /Z., / 9 96 BOARD OF APPEALS d Waliter Soule; Acting Chairman Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION JOYS n A`-,_ T01,V i CLQ:;;. NORTH ANIUWI R / Date .... January, 25, .1995...... Petition No....057-94 and 063-94 11-08-94 Date of Hearing.. 12-13-94 01-10-95 PBJ Developmnt Corp. 01-18-95 Petitionof.................e............................................................. Premises affected ...... Turnpike Street .............................................. Referring to the above petition for a variab=fD=ther tC&-bheK... PECIAL. PERMIT under Section 9, Paragraph 9.1 and 9.2 of the Zoning Bylaw to alter or modify a. pre.-exisitng non-conf.orming. structure. AND. a. SPECIAL. PERMIT .unde.r..Section..91 . Paragraph 9.3 of the Zoning Bylaw to alter or destroy more than 65% of a pre- sw=xbmparndtx .existing. non-conforming.structure .................................... After a public hearing given on the above date, the Board of Appeals voted to .. GRANT .... the .... S.P.ECIAL. PERMITS...... and hereby authorize the Building Inspector to issue a permit to . _PBJ. Development ..Corp,........... ........................ for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraph 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. JAN 2 6 Signed 41 r......... �-dfiaii4a� Walter Soule, A � /47�' Raymond Vivenzio ........................... Scott Karpinski Joseph F. Faris ...................................... ............................... I...... . Board of Appeals "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8. feet high with landscaping of 4 foot to '5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. FE -C_', JOYCE Bft;,O f AW o� por+rM,�om TOWN CLERK o NORTH ANOOVE.R 2 G J 1 1. 55 be filed appeal sh1l ,e.,..,... . Any apR cEo within (20) days after the SA HUSH date of f.iting of this Notice in the Office of the TOWB TOWN OF NORTH ANDOVER Clerk. MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. * DECISION 565 Turnpike Street * Petition #057-94 North Andover, MA 01845 * Petition #063-94 * ************************** The Board of Appeals held a regular meeting on Tuesday evening November 8, 1994 continued to December 13, 1994, continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#057-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.1 and or 9.2 of the Zoning Bylaws so as to permit the pre-existing non -conforming structure to be altered and modified on the premises located at 550 Turnpike Street. The Board of Appeals held a regular meeting on Tuesday evening, December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application (#063-94) of PBJ Development Corp. requesting a SPECIAL PERMIT under Section 9, Paragraph 9.3 of the zoning bylaws so as to permit a pre- existing non -conforming structure to be altered or destroyed by more than sixty-five (65%) percent of its reproduction costs and re -built on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearings were advertised in the North Andover Citizen on October 24, October 31, November 23, and Movember 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Vivenzio and seconded by Mr. Karpinski, the Board voted unanimously to GRANT the SPECIAL PERMITS as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the applicant has satisfied the provisions of Section 9, Paragraphs 9.1, 9.2, 9.3 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non -conforming structure to the neighborhood. Dated this 6�61' day of �41 BOARD OF APPEALS d Waler Soule; Acting Chairman 1, 4 a o5 4185 tAC oebad IM ! Y ♦' 4A, i L rsi -J•, � .'`cam ���� Mw rs�o �r • I �� • —J INWA A6N y . I • t 4' At .4 =u, 000 - {..21* ' 5 *" %��( s., tY4 __Awa r t 4' At .4 a r NP&Ir '.. i►. Li fix� s ,.ti's' � t. I. ���+',�t��'' +� •` 'f z rn Ilk � �;v.. i � �• .a ^:.fir ,.r"bt,' ' •' �: �s'�oa,, . ., �t, r m I - . W� Ar- s: � _ _ � ������ � i' M. h„}: j s �, �, �� I � . L • �` ms's �`ir _. _ � -._-��—...�.- �'q Ro„.\e. %-z 5 / j�i /i WIN, r �,� ��'-���� ��� �99� �s ��� �� �.� PETER G. SHAHEEN• MEGAN J. TAYLOR 'ADMITTED IN MA 9 NH LAW OFFICE OF DETER Ga SHAH EEN CHESTNUT GREEN 565 TURNPIKE STREET, SUITE 81 NORTH ANDOVER, MASSACHUSETTS 01845 TELEPHONE 508 689-0800 FAX 508 794-0890 December 14, 1994 Donna Mae D'Agata North Andover Zoning Board of Appeals Town Hall North Andover, MA 01845 RE: Petitions for Special Permits and Variance for PBJ Development Dear Donna: PBJ Development requests and extension for action to be taken on its requests for special permits and variances on the 550 Turnpike Street site to the January 10, 1995 meeting. If you have any questions please call. PGS:srm BOARD OF APPEALS' -11/09/1994 16:51 5087940890 SHAHEEhJ LAW OFFICDES PAGE 01. I- w orrtcc Or Pr-,T,,r,R G. SI[ADlrrrq CHE:$TNUf OMEN PMA d. SFIA14EEN. ZIO.- 565 TUnNrIKE 'PPMEt, SUttE 8 i NOItf11 ANDOVER, MASSAC04USCM Of 0345 TvEri"If. §09 MEGAN J, TAVIX)n. EA0. go* 00W • MEMHER or fAX Solt MA, Nil MArt 1001-0600 DATE: 11 d'z� MACHINE TYPE: Brother intellt`rAX 600 ,FACSIMILE NO.: (508) 794-1890 TELEFAX TO THE FOLLOWING NUMBER; COMPANY NAME; &)W)"? --- ATTENTION- 10AII � FROM: REGARDING: 'I'O`ZAL NUM13ER OF PAGES (INCLUDING THIS COVER SFIFET) IF ALL PAGES ARE NOT RECEIVED, PLEASE CALL HACK AS SOON AS POSSIBLE AT THE ABOVE NUMBER. 71iis telecopy is attorney-client privileged and contaitas cortftde►ttial it:fonrtrrtiott iriteetdc oftly fnr the personN named above, Any other distribution, copying or disclosure is stt4rtly prohlliitey.t y you have received ibis telecopy in ertoy, please notify us immediately Fiy relpplaotle, attrl trtrtrn tIV original transmission to us by "w l without mdkitig a copy, 11/08/1994 16:51 5087940890 Zoning Board. of Appeals North Andover Town :call North Andover, MA 01845 SHAHEEh•I LAZA OFFICES November 8, 1994 RE: Application of P.B.J. Development Corp. for Special Permit; Property located at 550 Turnpike Street, North Andover, MA Dear Board ri em ers PAGE 02'_ I am a Trustee of the CCDM Realty Trust, the present owner of the subject property. On behalf of the Trustees and beneficiaries of the Trust, I hereby express our Unconditional support of the Application for Special Permit cf P.B.i. Development Corp, P.B.J. Development Corp. presently has a Purchase and Sale Agreement to purchase the property, and it is our opinion that it is in the best interests of the Town, the neighborhood and the present owners that P.B.J. Developme:tt Corp. be permitted to proceed with the development and purchase of the property. The subject property was formerly the place of business of William B. Kent & Sons, Inc., a moving and storage company owned by my family for many years, The business ceased in 1990 as the result of a dispute with Bank of New England, and the mortgage on the property is now held by the FDIC. Unless P,B,J. Development Corp. is able to proceed with the development and purchase of the property, it is likely that the property will be foreclosed upon by the FDIC. we believe that the present development plan, put forth by a corporation with principals who are local residents, is in harmony with the neighborhood and in keeping with the intent of the Zoning By-law. On behalf of the Trust, I request that the Board approve the Speci.a.l, Permit. Very truly yours, -- moi* I orcthy Freeman, Trustee of GDM Realty Trust November 8, 1994 Zoning Board of Appeals North Andover Town Hall North Andover, MA 01845 RE: Application of P.B.J. Development Corp. for Special Permit; Property located at 550 Turnpike Street, North Andover, MA Dear Board Members: I am a Trustee of the GDM Realty Trust, the present owner of the subject property. On behalf of the Trustees and beneficiaries of the Trust, I hereby express our unconditional support of the Application for Special Permit of P.B.J. Development Corp. P.B.J. Development Corp. presently has a Purchase and Sale Agreement to purchase the property, and it is our opinion that it is in the best interests of the Town, the neighborhood and the present owners that P.B.J. Development Corp. be permitted to proceed with the development and purchase of the property. The subject property was formerly the place of business of William B. Kent & Sons, Inc., a moving and storage company owned by my family for many years. The business ceased in 1990 as the result of a dispute with Bank of New England, and the mortgage on the property is now held by the FDIC. Unless P.B.J. Development Corp. is able to proceed with the development and purchase of the property, it is likely that the property will be foreclosed upon by the FDIC. We believe that the present development plan, put forth by a corporation with principals who are local residents, is in harmony with the neighborhood and in keeping with the intent of the Zoning By-law. On behalf of the Trust, I request that the Board approve the Special Permit. Very truly yours, Doroty Freeman, Trustee of GDM Realty Trust November 8, 1994 Zoning Board of Appeals North Andover Town Hall North Andover, MA 01845 RE: Application of P.B.J. Development Corp. for Special Permit; Property located at 550 Turnpike Street, North Andover, MA Dear Board Members: I am a Trustee of the GDM Realty Trust, the present owner of the subject property. On behalf of the Trustees and beneficiaries of the Trust, I hereby express our unconditional support of the Application for Special Permit of P.B.J. Development Corp. P.B.J. Development Corp. presently has a Purchase and Sale Agreement to purchase the property, and it is our opinion that it is in the best interests of the Town, the neighborhood and the present owners that P.B.J. Development Corp. be permitted to proceed with the development and purchase of the property. The subject property was formerly the place of business of William B. Kent & Sons, Inc., a moving and storage company owned by my family for many years. The business ceased in 1990 as the result of a dispute with Bank of New England, and the mortgage on the property is now held by the FDIC. Unless P.B.J. Development Corp. is able to proceed with the development and purchase of the property, it is likely that the property will be foreclosed upon by the FDIC. We believe that the present development plan, put forth by a corporation with principals who are local residents, is in harmony with the neighborhood and in keeping with the intent of the Zoning By-law. On behalf of the Trust, I request that the Board approve the Special Permit. Very truly yours, DoroNy ,�r_ Freeman, Trustee of GDM Realty Trust 1 uwn ur NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Cen- ter located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday, the 8th day of November 1994, at 7:30 o'clock, to all parties inter- ested in the appeal of PBJ Development Corp. requesting a special permit under Sec. 9, Para. 9.1 and /or 2 of the Zoning By Law so as to permit a pre-exis- ting non -conforming struc- ture to be altered and modified. Currently this site is an abandoned ware- house out of which are operating auto repair shops. The proposed use will be retail shops in a mod- ern, aesthetically pleasing structure, fully landscaped on the premises, located at 550 Turnpike Street. By Order of the Board of Appeals William J. Sullivan, Chairman E -T - Oct. 24, 31, 1994 NORTH 1tio L O + '" a �9S S4�NUSESt TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday, the 8th day of November 19 94 , at x'30 o'clock, to all parties interested in the appeal of PBJ Development Corp. requesting a SPECIAL PERMIT under j�XX Sec. 9, Para. 9.1 and/or 2 of the Zoning By Law vljWW so as to permit a ure-existing non -conforming structure to be altered and modified. Currently this site is an abandoned warehouse out of which are operating auto repair shops. T e propose use wi e retai shops in a modern, aesthetically pleasing structure, fully landscaped. on the premises, located at 550 Turnpike Street By Order of the Board of Appeals William J. Sullivan, Chairman Lawrence Eagle Tribune Oct. 24 & 31, 1994 Publish in the It ,qXjftXXAMa6� on Bill to: PBJ Development Corp. 565 Turnpike Street No. Andover, MA 01845 Board of Appeals ESS`'. Town Office Building r. r CO�`--- North Andover, Mass. 01845 9 fro' 10D, CE_;---, PBJ De lopment Corp. z 565 T ike Street rLrII o No. Ando r, MA 0.1845 CnCn a o� I CV a �v [ I c x� ` r , U C)za: Z: W 0 U TOWN OF NORTH ANDOVER MASSAC.4USETTS BOARC OF APPEALS * ' NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Cen- ter located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday, the 8th day of November 1994, at 7:30 o'clock, to all parties inter- ested in the appeal of PBJ Development Corp. requesting a special permit under Sec. 9, Para. 9.1 and /or 2 of the Zoning By Law so as to permit a pre-exis- ting non -conforming struc- ture to be altered and modified. Currently this site is an abandoned ware- house out of which are II operating auto repair 1 shops. The proposed use I will be retail shops in a mod- ern, aesthetically pleasing structure, fully landscaped I on the premises, located at 1 550 Turnpike Street. By Order of the Board of Aooeals William J. Sullivan, Chairman E -T - Oct. 24, 31, 1994 NORTH QE t�EO rb qHQ O +y A .y 'b9SSAC HU5E'�'( TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the Town Building, 120 Main Street, North Andover on Tuesday, the 8th day of November 19 94 , at 7'30 o'clock, to all parties interested in the appeal of PBJ Development Corp. requesting a SPECIAL PERMIT under viz JJ J)EX X Sec. 9, Para. 9.1 and/or 2 of the Zoning By Law so as to permit a pre-existing non -conforming structure to be altered and modified. Currently this site is an abandoned warehouse out of which are operating auto repair shops. The proposed use will e retail shops in a modern, aesthetically pleasing structure, fully landscaped. on the premises, located at 550 Turnpike Street By Order of the Board of Appeals William J. Sullivan, Chairman Lawrence Eagle Tribune Publish in the on Bill to: PBJ Development Corp. 565 Turnpike Street No. Andover, MA 01845 Oct. 24 & 31, 1994 r Yr -W r�M r- d H r r;A WrA4 8 1 I / DOTES � 4 4 ' s ' ZSZ ) •• nF7 nn n:° 'na g . mei i j 7 a N r• r. 8 fr n Ir m A ►r p A . 0 S P.. rt rb - rf a K n n 11 b n b n R1 r, •0 G 0 A t m k 0 .. 1 rr .. „ .. r. a 0 a .0 a P% ' V;, — rw — 1 re z 0 h D N N N - n M• A r O rl 2 Z Z W W W ►+ W m N to N 0 O O O N U J Y Y Y e 1 m p r• 1 k N � n o rt a O O O U W W O Y Y DP O to . O m O Z Y Z W N W 1+ W N W S U U f; o� i Y Y LA N ! o p O Z Z Z W r W r W H .► 'A O U g O U N O Y > i O N U • O a Z Z W ►• N m W ►+y 0. \ > > > w r n W o .- o ►• 1 fj I �" O p Jl N N A S N O W N W ►+ W ,e U •,� 0 O U O r' J O N 1 ^ L^ •. r• .. O• o •c ►• o.i l C N N No N O W N H W x ID \ O O U v U Vo, U W Ld p,S d > •r N L O C O n '1 U W p o c N U S Z W O W N W - \ O OJ 1 O N O N U to r L: C > I W O y. O O !L C 7 N j r Z W O W N N •+ W N N C •� _ \ U O 1J t` IJ U N U V' i p U O L: O J• C f 14� •I Z \ W O O U U N O W O W U H N W M C R - > •. O O O O w z H O N ►' O 0 L ~ o o o A c o c p 0 ►- o LA •• > Ln M > • • O O O O • O 0 r• 9 r ® • • • • • O r _ • r r r J p Ir d J W p , N ►+ y N LNn' Ili U LA `pip i O O O Z W O \ U U U ►+ U m M+ 1.1 W pU O U O W p G, 0 0 z w o \ U Up U U H U m N wy N 00 O Z W O N N ►•• N U i. W �+ O O LA U Li O O U a r O O - O p r O U N LM LA \ O pW A' i.' O U U O to w i •. C o o Oa �• i 0 1. In All district except Village Commercial, front setbacks along Route 114 shall be a minimum of 1001. Front setbacks shall be 100' along 125 in Industrial 1 and 2 Districts; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted. 2.`. Adjacent to residential district, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. In the Business 2 District, the side yard requirements may be eliminated when two (2) adjoining property owners agree to share a party wall. 3. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. 4. If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area but not exceed a total coverage of 45%. 5. Minimum lot size for a townhouse complex shall be 43,560 square feet although individual townhouse lots may be a minimum of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,00 square feet. 6. Dimensional regulations for townhouse complexes shall meet the requirement of the Residence 5 District; individual townhouses within the complex, however, shall be regulated as follows: Minimum Street Frontage: Minimum Front Setback: Minimum Side Setback: 18 Feet 30 Feet None required where a party wall is constructed between units; otherwise a 25 foot side setback shall be provided. Minimum Rear Setback: 30 Feet Maximum Floor Area Ratio: 1.20:1 Maximum Lot Contiguous Units: 10 7. The following additional requirements shall apply when apartments or townhouse complexes are constructed in this district: FN1.1 Al ''1'� KWZ57 'd. 1. In All district except Village Commercial, front setbacks along Route 114 shall be a minimum of 1001. Front setbacks shall be 100' along 125 in Industrial 1 and 2 Districts; the first 50' of front setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted. 2.`. Adjacent to residential district, an additional 15 foot side or rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. In the Business 2 District, the side yard requirements may be eliminated when two (2) adjoining property owners agree to share a party wall. 3. Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. 4. If an enclosed parking structure is provided, lot coverage may be increased up to the amount of such parking area but not exceed a total coverage of 45%. 5. Minimum lot size for a townhouse complex shall be 43,560 square feet although individual townhouse lots may be a minimum of 3,000 square feet. Minimum lot size for an apartment complex shall be 60,00 square feet. 6. Dimensional regulations for townhouse complexes shall meet the requirement of the Residence 5 District; individual townhouses within the complex, however, shall be regulated as follows: Minimum Street Frontage: Minimum Front Setback: Minimum Side Setback: 18 Feet 30 Feet None required where a party wall is constructed between units; otherwise a 25 foot side setback shall be provided. Minimum Rear Setback: 30 Feet Maximum Floor Area Ratio: 1.20:1 Maximum Lot Contiguous Units: 10 7. The following additional requirements shall apply when apartments or townhouse complexes are constructed in this district: FN1.1 ,,ORT4 pE4i�to ,agti0 3� y` 0 O A 'Li9SSAC,HLJ5 h TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS NOTICE Notice is hereby given that the Board of Appeals will hold a public hearing at the Senior Citizen's Center located at the rear of the.Town Building, 120 Main Street, North Andover on Tuesday, the 8th d4Y of November 19 94 at 7:30 o'clock, to all parties interested in the appeal of PBJ Development Corp. requesting a SPECIAL PERMIT under vYEW1R)MVW Sec. 9, Para. 9.1 and/or 2 of the Zoning By Law so as to permit a pre-existing non -conforming structure to be altered and modified. Currently this site is an abandoned warehouse out of which are operating auto repair shops. The proposed use will be retail shops in a modern, aesthetically pleasing structure, fully landscaped. on the premises, located at 550 Turnpike Street By Order of the Board of Appeals William J. Sullivan, Chairman Lawrence Eagle Tribune Publish in the on Bill to: PBJ Development Corp. 565 Turnpike Street No. Andover, MA 01845 Oct. 24 & 31, 1994 Received by Town Clerk: IF 696/-�/Y R,[ C. V D JOYCE'S T0W L RS. 4IOR1; i)a'ER Oct 21 1142 A�'34 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE ZONING ORDINANCE Applicant PBJ Development Corp. Address 565 Turnpike Street North Andover, MA 01845 Tel. No. 508 689.0800 1. 4pplication is hereby made: a) For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. b) For a special Permit under Section 9 Paragraph 9_l sand/or 9.2 of the Zoning Bylaws. C) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and building(s) numbered 550 Turnpike Street Street. b) Premises affected are property with frontage on the North (* ) South ( ) East ( ) West ( ) side of Turnpike St. Street. Street, and known as No. 550 Turnpike Street. C) Premises affected are in Zoning District GB , and the premises affected have an area of square feet and frontage of 383 feet. 3. Ownership: a) Name and address of owner (if joint ownership, give all names) : Marilyn Klier and Dorothy Freeman, Trustees of the GDM Realty Trust Date of Purchase 1955 Previous Owner Dawson and Hill b) 1. If applicant is not owner, check his/her interest in the premises: * Prospective Purchaser Lessee Other 2. Letter of authorization for Variance/Special Permit required. 4. Size of proposed building: 240 front; 240 feet deep; Height 1 stories; 30 feet. a) Approximate date of erection: July 1995 b) Occupancy or use of each floor: Retail C) Type of construction: wood, brick, steel, rdasonry �k 5. Has there been a previous appeal, under zoning, on these premises? no If so, when? 6. Description of relief sought on this petition special permit to allow a pre-existing non -conforming structure to be altered and modified. 7. Deed recorded in the Registry of Deeds in Book 818 Page 97 & 98 Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) Town allow a pre-existing non -conforming uch change is not more detrimental than the I agree - t incidental pay the fling fee, �xpe ses*� abandoned warehouse out of which are operating be retail shops in a modern,aesthetically 11 increase property values in the area. advertising in newspaper, and Signature"of Petitioner(s) Every application for action by the Board shall be made on a form approved by the Board. These forms shall be furnished by the Clerk upon request. Any communication purporting to be an application shall be treated as mere notice of intention to seek relief until such time as it is made on the official application form. All information called for by the form shall be furnished by the applicant in the manner therein prescribed. Every application shall be submitted with a list of "Parties of Interest" which list shall include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet (3001) of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, the Planning Board of the city or town, and the Planning Board of every abutting city or town. *Every application shall be submitted with an application charge cost in the amount of $25.00. In addition, the petitioner shall be responsible for any and all costs involved in bringing the petition before the Board. Such costs shall include mailing and publication, but are not necessarily limited to these. Every application shall be submitted with a plan of.land approved by the Board. No petition will be brought before the Board unless said plan has been submitted. Copies of the Board's requirements regarding plans are attached hereto or are available from the Board of Appeals upon request. Rev. 4/93 Tye or' AYi k' U (-l�a,41G 11V LIST OF PARTIES OF INTEREST SUBJECT PROPERTY: MAP PARCEL ILOT JADDRESS 25 1 GOM Realt 550 Turnake stree ABUTTERS MAP PARCEL LOT NAME ADDRESS 25 2 Andrew & Maxine 570 Turnpike� 45 John & Susan DiIorio 179 Hillside Avenue 46 Robert A. Kent 171 Hillside Avenue 47 William Scopa & MaryAnn Theri ult 161 Hillside Avenue 48 James B. Laughery 1 151 Hillside Avenue 49 Anthony Arcari Lyn Tulj=no137 Hillside Avenue 64 John McGarry, Trustee 401 Andover Street 35 Thomas J. Flatl gy Res.div. P.O.Box 850070 Bra 63 Fellowship Bible Church Turn ike Street 69 Chestnut Green 40 Kebb Management t. itree 25 ON 25 25 25 25 25 25 25 25 L- 25 i 25 1-- IsW- Parcel Lot 2 45 46 47 48 63 Name Address GDM Realt Trust 550 Turn ike Street ,Andrew and Maxine Vannett John and Susan Dllorio Robert , Kent William Scopa & AM James B LDuGherY e, Bible Church ,Address 570 Turnpike Street 179 Hillside Street 171 Hillside Road 161 Hillside Road 151 Hillside Road 137 Hillside Road 401 Andover Street Res. Div. P.O. Box 85007( Braintree, MA 02188 Turnpike Street c/o Kebb Manaqement P.O. Box 64, Methuen, MA BOARD OF APPEAL,- •` * -a+i tf�T."t .. �F��i'L'\_..,�'�"*-�'�E�i� _'�i`6, .. ., ;�.es c-4-�w-•.r� r� �r .r=,'�±�'•" �l�4rmlMQR1�:t'��•. ?v; s,.�. � ...s �...Z:ak��kvw,tiyA_Sa. 1..1-�'t.<:t.�•...�.f. .ati _..: 5:�.,...tztaa..., �a ..-_.\ �:�_.,=41.E\..zfJ•�.•: `4 _'v_.. V r— qzzrM I z 0 Q z 0 zz a a w a a ru J cc O O Ln L13 O RJ O O O .-8 .-i O cr N J M O O S. 6 e October 7,1995 To: The North Andover Zoning Board We,the undersigned abutters of CrossRoads Shopping Center, 550 Turnpike St. No.Andover,Ma. hereby request that the fence as shown on the CrossRoads site plan be changed so that it will be placed within three(3) feet from our property line.We are specifically requesting that the requirement currently in place that the fence be located fifteen (15) feet from our property line be eliminated.We also request that the requirement of plantings on our side of the fence be waived in lieu of a $300.00 allowance to be paid to each of us by the developer upon approval of this reauest by vour board. t J �r arra :ire'` • �; Any appeal shall be` filed within (20) days alter the Gate of filing of this Notice in the Office of the Town Clerk. .o , TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. 565 Turnpike Street 01845 North Andover, JOYCE DECISION Petition #063-94 ************************** peals held a regular meeting on Tuesday evening The Board of App 1995 and a Special 1994 continued to January 10,PBJ December 13, 1995 upon the application of ap Meeting on January 18, VARIATION of Section 7, Paragraph Development Corp. requesting a permit a variation from 7.3,on the Table 2 of the Zoning Bylaw so as to P remises located the front and rear setback requirements members were present and at 550 Turnpike Street. The 1Vivenzio, Scott Karpinski and voting: Walter Soule, advertised dover Jose h F. Faris. The hearing was nd1 all e abuttersNorth were and 30, were P Citizen on November 23 notified by regular mail. the upon a Motion by Mr. Karpinski and seconded by Board voted unanimously to GRANT the VARIANCE the following conditions: I 1. shown on required Mr. Vivenzio, as requested with The parking lot of 148 spaces shall be the plan; 24 spaces reserved for future by the Building Inspector. 2. all sides abutting constructed use as may be A stockade fence 8 feet high exceptionlof Rte. 114u and of the property with the which is John McGarry's property. property next door 3. The fence foot to 5 foot high tooth pattern. shall be 8 feet high with arborvitaes, five feet on 4. The eight foot high fence shall the proper'i:y line where the land abuts Hillside Road and the arborvitaes shall be the fence facing Hillside Road. as be on the landscaping of 4 center and saw be set 15 feet in from the lots fronting on planted on the side of �I L Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. BOARD Of APPEALS NOTICE OF DECISION 25 20 da January. ..... 1995 ...... Ti:'ss is to certify that twenty ( ) Ys Date ... • • • • • hasa elapsed from data of dedaiort MW Without filing Of ' eppL• ,?�.1�1 S., Petition No.. ... g63- ...94 .......... . Date 12-13-94 Joyce A. eredw 0 l 10- 9 ........ . Town CWk Date of Hearing .. . 01-18-95 ment Cor ............... Petition of ... PBJ. Develop......... P.•....... . premises affected SS0 Turnpike. St,reet.......... 'tion for a variation from the requirements of 0W. Section,Referring7.,... • • Referring to the above petition Paragraph . 7.3.,. Table. 2, of .the. Zoning. Bylaw ..................................... a variation .from. the . front. and . rear..setback..r.equireme.tits ....... • • so as to permit . . ............. (front. and.rear..setbacks to. be 5. .feet)... .GRANT .... the s given on the above date, the Board of Appel voted After a public hearing and hereby authorize the Building Inspector to issue a VARIANCE.... permit to PBJ Development .Corp.. . • . . . . tion of the above work, based'upon the following conditions: See "CONDITIONS' for the constntc attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be gr•aittdd without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw., A7"I'F )'F: A, True Copy Tom Clerk Signed d .. Walter Soule, Acting Chairman Raymond Vivenzio................. Scott Karpinski. Joseph F.. Far. s • ....... . Board of Appeals '� •'• Baas , TOY -Ill CLE.it�; NORTH Al'[4iVER ►� `ftCHU'Q,'f f? '' J5 TOWN NORTH OF � U ANDOVER BOARD Of APPEALS NOTICE OF DECISION 25 20 da January. ..... 1995 ...... Ti:'ss is to certify that twenty ( ) Ys Date ... • • • • • hasa elapsed from data of dedaiort MW Without filing Of ' eppL• ,?�.1�1 S., Petition No.. ... g63- ...94 .......... . Date 12-13-94 Joyce A. eredw 0 l 10- 9 ........ . Town CWk Date of Hearing .. . 01-18-95 ment Cor ............... Petition of ... PBJ. Develop......... P.•....... . premises affected SS0 Turnpike. St,reet.......... 'tion for a variation from the requirements of 0W. Section,Referring7.,... • • Referring to the above petition Paragraph . 7.3.,. Table. 2, of .the. Zoning. Bylaw ..................................... a variation .from. the . front. and . rear..setback..r.equireme.tits ....... • • so as to permit . . ............. (front. and.rear..setbacks to. be 5. .feet)... .GRANT .... the s given on the above date, the Board of Appel voted After a public hearing and hereby authorize the Building Inspector to issue a VARIANCE.... permit to PBJ Development .Corp.. . • . . . . tion of the above work, based'upon the following conditions: See "CONDITIONS' for the constntc attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be gr•aittdd without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw., A7"I'F )'F: A, True Copy Tom Clerk Signed d .. Walter Soule, Acting Chairman Raymond Vivenzio................. Scott Karpinski. Joseph F.. Far. s • ....... . Board of Appeals e 4 p ■ 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" 's�etch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this ,�J J day of 90- /Z , / c? (�'� BOARD OF APPEALS Y&�d Wal er Soule, Acting Chairman "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. _ice E i u d. i q� PU�8�1(8G fl0Afl0 REC[:N�.„ '1 CE ERAC,( iAW -� TOWN OF NORTH ANDOVE OWNCLU1, M A S S A C H U S E T T S NORt-N ANDOVER Any appeal shall be filed within (20) days after the date of filing of this Notice in the Office of the Town Clerk. i is to certify that twenty (20) days F^�!n elapsed from date of decision filed without filing of eppenl, Dat,. /N,E 7 Joyce A. Bmdefetw Town Clerk NORTH 01�, o s 'f •�`...• •.I� ,ice; SSA USE NOTICE OF DECISION UR 5 3 U5 N 'S5 ATTSS' . A True Copy . a s&M- Town Clerk April 5, 1995 Fh Date.. ........ .. .. .... ... Dec 6, Dec. 20,1994 Date of Eiearing Jan.., . Jan..17.,. Feb 7, Feb. 21, Mar. 7, 1995 Q' Mar. 21, Apr. 4, 1995 Petition Of PBJ Development ,Corp Corp. , . Premi-es affected 550. Turnpike Street ...................................................... Referring to the above petition for a special permit from the requirements so as to of the .Vortb.Z�adover.2oning.By7_aw.-. section .8.3.Site. Plan. Review ............. _- -- ;it a��pW, thG. GPnS zuction. pf. two. buildings. totaling. 24,000. sq%ft•. to be used for retail stores and a restaurant. ............................................................................... After a public hearing given on the above date the Planning Board voted ��1��ONALLY SPECIAL PERMIT to ................the ......... ............................. .1. CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties dojo' based upon the following conditions: Signed Richard A. Nardella, Chairman ................................ Joseph Mahoney, Vice Chairman ................................ Ai.ctxa.rd AOFLen,,..C.LariG ........... Alison Lescarbeau ................................ - John Simons .........P6A ning • Board • • • • • . . c.v 550 Turnpike Street PBJ Development (The Crossroads) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 24,000 square foot retail complex in a General Business (GB) Zoning District. This Special Permit was requested by PBJ Development (Peter Shaheen) 565 Turnpike Street, North Andover, MA 01845 on November 14, 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 the project as the property is currently the location of an abandoned warehouse; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently the location of an abandoned warehouse, this project will improve the site visually, a fence will enclose the site and all efforts have been made to control the traffic impacts of this project; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as the site has undergone intense review by traffic experts to determine the safest possible location for the site drives; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw; (See the following plan: Parking Layout Plan, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, Dated Nov. 1994, rev.3/1/95) F 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 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: 1 M! - � SPECIAL CONDITIONS: This approval is based on the f it not be included i n the 1' the State) restaurant w defined by This restriction is required due to Crossroads development. a fast food restaurant. The the traffic generated by elimination of the fast food restaurant resu trip eneration rates and was a significant reduction royal of this project by the'Planning key element in Highway and the Executive office of Board, State Hig Y Environmental Affairs. 2. Prior to the endorsement of the plans by the Planning Board, the following: the applicant shall adhere to a. A full set of final plans must be submitted to the Tth filing e Planner for review within ninety days of decision with the Town Clerk. bond in the amount of fifty thousand dollars b' A shall be posted for the purpose of insuring ($50,000.00) plan showing the location of all that a final as -built p curb cuts, parking spaces on-site utilities, structures, ittee bond is aso and drainage facilities is s ebmThis bond shall be in sited•is Thconstructed lin in place to insure that ved accordance with the app plan. the form of a check made ouethe deposited ofto the Twn intoran Andover. This check will then interest bearing escrow account. C. Applicant may periodically petition the Planning Board for bond reductions throughout the construction of the project. - _._L_; +-+-oA t -.n the d. A construction scneauie-- Planning Staff. the applicant must mark the 3. Prior to any construction fon site, must be limit of clearing in the field. The limit of clearing reviewed by the Planning Staff. 4. Prior to FORM u verification (Building Permit Issuance): a. The plans must be endorsed and three (3) copies of the signed plans delivered to the Planning Staff. b, This decision shall be reorded copy delivered torded at the Essex othe Registry of Deeds and a rec Planning Staff. C. All approvals from the State including the curb cut and access permits onto Route 114 must be valid and up o 2 s date. Copies of all current State permits must be on file in the Planning Department. . / 5. Prior to verification of the Certificate of occupancy: a. A stockade fence eight (8) feet high with landscaping of four ( 4 ) to five ( 5 ) feet high arborvitaes, five ( 5 ) feet on center and in a saw tooth pattern must belinstalled. The eight (8) foot high fence shall be set fifteen (15) feet in from the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. The fence abutting Royal Crest, Netti, and Piessens shall be eight (8) feet high and shall be located on the property line. (See the following plan: Details, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, Dated Nov. 1994, rev. 3/1/95) b. The building must be constructed as presented to the Planning Board and as shown on the following plans: i. Crossroads Turnpike Street, Rt. 114 North Andover, MA Design Partnership Architects Inc. Three Washington Square Suite 400 Haverhill, Massachusetts 01830 Sheet A-1 and Rear Elevations C. The landscaping must be as shown on the following plan: i. Parking Layout Plan The Crossroads North Andover,IMassachusetts Sheet 3 of 5 Dated: Nov. 1994, rev. 3/1/95 d. 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. e. 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. f. All artificial lighting used to illuminate the site shall be as shown on the following plan: Details, The 3 6. IFJ •V,e I UU Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. g. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. h. The site must have received all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. Prior to the final release of security: a. An as -built plan conforming to Condition 2(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. 7. Demolition of the existing building and construction of the new building must be limited to between the hours of 7:00 am and 7:00 pm. Trucking of supplies and the use of heavy equipment must also be restricted to these hours. Sunday and holiday construction will not be permitted. These conditions are necessary due -to the close proximity of the residential homes on Hillside Road. 8. 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. 9. The parking lot lights must be turned off by two (2:00) a.m. Security lights may be left on all night as necessary. If the applicant wishes to increase these hours the applicant must request a minor modification of this Special Permit from the Planning Board. All lighting is to be reviewed by the Planning Staff and any reasonable adjustments are to be made 4 DN I by the applicant. 10. The Planning Board waives the construction of the 24 parking spaces shown at the rear of the site as shown on the plan. These may be constructed in the future if determined necessary by the Building Inspector and the Town Planner. The Planning Board grants this waiver based upon the fact that these spaces are at the far corner of the lot and are not considered necessary at this time. 11. The Planning Board has reviewed the traffic issues on this site and has determined that paved access out to Hillside Road shall remain open. However, the access out to Hillside Road may be closed initially by a gate. The type of gate shall be reviewed and approved by the Planning Department. The North Andover Fire and Police Departments must have the ability to open the gate in case of emergency. The Planning Board will periodically review the access out to Hillside Road. The Planning Board reserves the right to require that the access out to Hillside Road be opened should public safety and traffic concerns, in the opinion of the Board, warrant its opening. The Planning Department will closely monitor this situation, and bring their concerns to the attention of the Planning Board. If the Planning Board determines that the gate should remain closed, the Board reserves the right to review this decision in the future should public safety and traffic concerns, in the opinion of the Board, warrant its opening. 12. If traffic (both vehicular and pedestrian) at this site becomes a public safety problem in the future, the Planning Board reserves the right to require, at the applicant's expense, a traffic attendant to direct traffic at peak hours. 13. If shopping carts.are to bye used at this location, the carts must be collected from the parking lot on a routine, daily basis. 14. The hours of operation will be limited to between 7:00 am and 1:00 a.m. If the applicant wishes to increase these hours the owner must request a minor modification of this Special Permit from the Planning Board. 15. No deliveries are to be made to the premises after 10:00 pm. 16. The dumpster, as shown on the plan, must be enclosed entirely by a wooden stockade fence that must be two (2) feet higher than the dumpster. 17. Any plants, trees or shrubs that have been incorporated 5 into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 18. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 19. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 20. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 21. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 22. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 23. All signs within the project shall be of wood with uniform lettering and design. (See the following the plans: Details, The Crossroads, North Andover, Massachusetts, Sheet 5 of 5, Dated Nov. 1994, rev. 3/1/95. 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. Display window signs may not cover more than twenty (20) percent of the display window area. 24. No mechanical devices (ie: HVAC, vents, etc...) which may be visible from any surrounding roadways shall be placed on the roof. 25. The provisions of this conditional approval shall apply to and be binding upon the applicant, its employees and all successors and assigns inJinterest or control. 26. 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. 27. 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. 28. This Special Permit approval shall be deemed to have lapsed after April 5, 1997 (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a 6 tea: majority vote of the Planning Board. The following information shall be deemed part of the decision: a. Plans titled: The Crossroads North Andover, Massachusetts Prepared for: PBJ Development Corporation ' 565 Turnpike Street North Andover, Massachusetts 01845 Prepared by: Marchionda & Associates, L.P. 62-I Montvale Avenue Stoneham, MA 02180 Sheet 1 Existing Conditions Plan Dated Nov. 1994; rev. 3/1/95 Sheet 2 Proposed Development Overlay Dated: Nov. 1994; rev. 3/1/95 Sheet 3 Parking Layout Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 4 Grading & Utility Plan Dated: Nov. 1994; rev. 3/1/95 Sheet 5 Details Dated: Nov. 1994; rev. 3/1/95 b. Plans titled: Crossroads Turnpike Street, Rt 114 N. Andover, MA Prepared by: Design Partnership Architects, Inc Three Washington Square Suite 400 Haverhill, MA 01830 Sheets: A-1 A-2 Site Plan; dated: 11/8/94 A-3 Sheet A-1 shows a rendering of the building from Rt 114 looking towards Hillside Road. Sheet A-3 shows the southwest and northwest elevation of the proposed building. C. Plan Titled: Rear Elevations Crossroads Turnpike Street, Route 114 North Andover, MA Prepared by: Design Partnership Architects, Inc Three Washington Square 7 PG I to E`'. 4 Suite 400 Haverhill, MA 01830 This plan shows the northeast and southeast elevation of the proposed building. d. Drainage Analysis The Crossroads No. Andover 10/9/94 Prepared by: Marchionda & Associates, Inc 62 Montvale Avenue Stoneham, MA 02180 e. Traffic Impact Study The Crossroads North Andover, Massachusetts Prepared for: PBJ Development Corporation 565 Turnpike Street North Andover, Massachusetts Prepared by: David J. Friend 19 Notre Dame Road Bedford, Massachusetts Dated: December 2, 1994 f. Revised Traffic Study dated January 31, 1995. cc: Director of Public Works Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant F Engineer File crossroacrossroa 8 a. date. Copies of all current State permits must be on file in the Planning Department. � to verification of the Certificate of Occupancy: A stockade fence eight (8) feet high with landscaping of four (4) to five (5) feet high arborvitaes, five (5) feet on center and in a saw tooth pattern must be installed. The eight (8) foot high fence shall be set fifteen (15) feet in from the property line where the land abuts the lots fronting on Hillside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. The fence abutting Royal Crest, Netti, and Piessens shall be eight (8) feet high and shall be located on the property line. (See the following plan: Details, The Crossroads, North Andover, Massachusetts, Sheet 3 of 5, Dated Nov. 1994, rev. 3/1/95) b. The building must be constructed as presented to the Planning Board and as shown on the following plans: i. Crossroads Turnpike Street, Rt. 114 North Andover, MA Design Partnership Architects Inc. Three Washington Square Suite 400 Haverhill, Massachusetts 01830 Sheet A-1 and Rear Elevations C. The landscaping must be as shown on the following plan: i. Parking Layout Plan The Crossroads North Andover, Massachusetts Sheet 3 of 5 Dated: Nov. 1994, rev. 3/1/95 d. 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. e. 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. f. All artificial lighting used to illuminate the site shall be as shown on the following plan: Details, The 3 0 RE C JOYCE ','RAvr AW APRIL : '...18 .�'f NORTH Ah�:.)(j�ER Any appeal shall be filed ys ....•�, ►. �CHu9 , G within (20) days after the '+••.•�'' J. date of filing of this TOWN OF NORTH ANDOVER Notice in the Office MASSACHUSETTS of the Town Clerk. BOARD OF APPEALS NOTICE OF DECISION Date January. 25, 1995 Petition No. ....063-9.4 . 12-13-94 Date of Hearing. O 1-10.- 9 5 01-18-95 Petition of ...PBJ Development ,Corp ..................................................... Premises affected 550. Tu.r.npike. Street .............................. . ............... Referring to the above petition for a variation from the requirements of thw . S e c.t i on . 7 ., ... . Paragraph. 7 .3_,. Table .2. of the. Zoning. Bylaw .................................. . so as to permit a variation .from the front. and. rear. .setback. .requirements ......... . (front and.rear .setbacks..to.be.5..feet)............................................ After a public hearing given on the above date, the Board of Appeals voted to GRANT . the VARIANCE and hereby authorize the Building Inspector to issue a permit to PBJ Development .Corp.. . for the construction of the above work, based upon the following conditions: See "CONDITIONS" attached hereto and made a part hereof. The Board finds that the petitioner has satisfied the provisions of . Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Signed Walter Soule, Acting Chairman Raymond Vivenzio Scott Karpinski Joseph .F. Faris ... ........ ............. Board of Appeals U1. ji "CONDITIONS" 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. -- a .a,ny apneap ;hall be i:lled withir, (20) daj;c iftethe this Notice J 3..E it the Ofitic of -she Town Clerk. JOYGir14 �.:! NORTH Ail, = R. TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS ************************** * PBJ Development Corp. 565 Turnpike Street North Andover, MA 01845 * ************************** DECISION Petition #063-94 The Board of Appeals held a regular meeting on Tuesday evening December 13, 1994 continued to January 10, 1995 and a Special Meeting on January 18, 1995 upon the application of PBJ Development Corp. requesting a VARIATION of Section 7, Paragraph 7.3, Table 2 of the Zoning Bylaw so as to permit a variation from the front and rear setback requirements on the premises located at 550 Turnpike Street. The following members were present and voting: Walter Soule, Raymond Vivenzio, Scott Karpinski and Joseph F. Faris. The hearing was advertised in the North Andover Citizen on November 23 and 30, 1994 and all abutters were notified by regular mail. Upon a Motion by Mr. Karpinski and seconded by Mr. Vivenzio, the Board voted unanimously to GRANT the VARIANCE as requested with the following conditions: 1. The parking lot of 148 spaces shall be constructed as shown on the plan; 24 spaces reserved for future use as may be required by the Building Inspector. 2. A stockade fence 8 feet high shall be constructed on all sides of the property with the exception of Rte. 114 and the abutting property next door which is John McGarry's property. 3. The fence shall be 8 feet high with landscaping of 4 foot to 5 foot high arborvitaes, five feet on center and saw tooth pattern. 4. The eight foot high fence shall be set 15 feet in from the property line where the land abuts the lots fronting on HIllside Road and the arborvitaes shall be planted on the side of the fence facing Hillside Road. ��i'i_.s� '' .. +CIf .. r. .r .`•f .i . . t f:.i .,.. }. .. . ... t...'..'.k{—•._ ...r .{Y ,e ...r s,......, r n"s.f .. V.±.... - .. . r. ... •.:S{:.. .. 5. The fence abutting Royal Crest, Netti and Piessens shall be 8 feet high and shall be located on the property line. 6. The entrance on Hillside Road shall be closed off with fence and arborvitae. 7. The applicant is to submit an 11"x17" sketch with landscaping shown and stamped by a landscape engineer. 8. The plan is to be revised to reflect these conditions by the February 14, 1995 meeting. The vote was unanimous. Voting in favor: Mr. Soule, Mr. Vivenzio, Mr. Karpinski and Mr. Faris. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning Bylaw and that this variance may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. Dated this p/ 6"day of 9&-n , /q 9 5 BOARD OF APPEALS Walter Soul6', Acting Chairman ryr;sl1°,� a , q N.'. �s t ... "�' 1� t • � 11 u1f. '$7 .+ Nt :Nd F r' i i:+- rT .. - " t x, - °$'���'r� + i s�.. .. "�-•'s #�...v ,�3+�.i`�.sl,+es,.,�,..n..;:. m ;:.,.'" rte.,-` 74 "--. .°'? .'Sa`.,.�s�' '-4,." - " •"�r'.�,,.