Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Miscellaneous - 550 TURNPIKE STREET 4/30/2018 (8)
o m hffllfl HUIN t = TOWN OF NORTH ANDOVtM$#c�c XASSACHUSETTS � Any appeal shall be filed within (20) days after the date of filing of this Notice: in the Office of the Town Clerk. MORf►, T 1SSA�Mus NOTICE OF DECISION APR 5 3 45 FM IS Date , April. 5; 1995 . . .Dec�6,�Dec.�20,1994 Date of Hearing Jan... 3,. Jan, .. Feb 7, Feb. 21, Mar. 7, 1995 Mar. 21, Apr. 4, 1995 Petitionof ,.PB..Development.Corp..•....................................... Premises affected , 550. Turnpike, street...... .. . Referring to the above petition for a special permit from the requirements of the .kJ9Vtb.ZiPdovQ-r.Zoning.Bylaw.-..Section.8.3.Site. Plan. Review.., so, as,to.. +9•�1 'iAjt 411pw. the. cQris zuction. of. two. buildings. totaling. 24,000• sCj%ft•. to be used for retail stores and a restaurant. ............................................................................... After a public hearing given on the above date, the Planning Board voted CpNDITIONALLY APPROVE 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.Qha.r.d RcLwe n,..C.Le k ........... Alison Lescarbeau ................................ John Simons . ' ' ' ' ' .Pianning " Board ... . . 1 OF ORT KAREN KAREN H.P. NELSON Town of Director NORTH ANDOVER BUILDING + ct r CONSE ATION +@s "U5 DIVISION OF PANNING 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. 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 E .0 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 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. 1.4 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 0 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. 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. 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 to the endorsement of the plans by the Planning Board, the applicant shall adhere to the following: a. A full set of final plans must be submitted to the Town Planner for review 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. d. A construction schedule shall be submitted to the Planning Staff. 3. Prior to any construction on site, the applicant must mark the limit of clearing in the field. The limit of clearing must be 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 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. 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 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 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 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 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 A 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 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 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 Town of North Andover RECINED OFFICE OF J 0 Y` E B') A D'-: 114 COMMUNITY DEVELOPMENT AND S4#W n SCR 30 School Street Novpts North Andover, Massachusetts 01845 N 21 2 13 I t 97 -M J. SCOTT Director NOTICE OF DECISION Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk, , .� Clerk,,,., sto certify that h�re1Aj (2Q dny') have elapsed tram date of decision iftj wiftiat fig an a (3i8at. teJE— .j:A. B t+aw Terra aarh 5J pORTN OEtt��e 16.,410 °� 0 O A . 01 AT,= Cc~ �Tov!n. Date' November 20, 1997 Date of Hearing October 7, October 21, November 18, 1997 Petition of 550 Turnpike Street (Crossroads Medical Center ) Premises affected 550 Turnpike Street Referring to the above petition for a special permit from the requirements of the _ North Andover Zoning Bylaw Section 8.3 site plan so as to allow a 3,890 SF Prfessional Office Building. After a public hearing given on the above date, the Planning Board voted to Approve the Site plan Review - Special Permit based upon the following conditions: CC: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File Interested Parties Signe Richard S.Rowen, Chairman Alison Lescarbeau. V. Chairman John Simons, Clerk Richard Nardella Joseph V. Mahoney Planning Board CONSERVA'I•ION 699-9530 HEALTH 688-9540 PLANNING 688-9535 to n af =L I W SPECIAL CONDITIONS: 1. The existing parking lot for The Crossroads must be re -striped to create 9' x 18' parking spaces as required by the current Zoning Bylaw as shown on the following plan: Plan: Re -Striping Plan Crossroads Plaza in North Andover, MA Prepared for: PBJ Developments 565 Turnpike Street North Andover, MA Prepared by: Marchionda & Associates, L.P. 62 Montvale Ave., Suite 1 Stoneham, MA 02180 Scale: 1" = 40' Date: Oct. 15, 1997, rev. 9/23/97, 10/31/97 Sheet: 3 of 6 This work must be completed by May 31, 1998. A bond of $2,000 must be posted to ensure compliance with this condition. When the re -striping is complete, the applicant may request the release of this bond. 2. The Planning Board agrees to postpone the construction of seven parking spaces noted as "spaces not to be built at this time" on the Re -striping plan referenced in Condition 20 below. 3. Prior to the endorsement of the plans by the.Planning Board, the applicant must comply with the following conditions: a) The following must be added to sheet 4 of approved the plans per the Department of Public Works: i) "Class 52" added at the end of Note 2 line 1. ii) "Type K" added at the end of Note 2 line 2. b) Identification of the location and landscape schedule of all perimeter and interior landscaping must be provided. Landscaping required by the Zoning Bylaw must be indicated on the plan in tabular form with the amount required and species shown. C) The final plan must be reviewed and approved by the drainage consultant, DPW and the Town Planner and subsequently endorsed by the Planning 2 Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. d) A bond in the amount of $3,000 shall be posted for the purpose of insuring that a final as -built plan showing the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 4. Prior to the start of construction: a) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. b) The limit of clearing and trees to be preserved shall be marked in the field and reviewed by the Town Planner. c) The silt fence must be installed and the temporary sedimentation outlet installed as shown on Sheet 5 of the approved plans. 5. Prior to FORM U verification (Building Permit Issuance): a) The final site plan mylars must be endorsed by the Planning Board and three (3) copies of the signed plans must be delivered to the Planning Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. 6. Prior to verification of the Certificate of Occupancy: a) HVAC equipment or other equipment that will emanate noise shall be placed on the exterior of the structure as shown on the plans. b) The applicant must submit a letter from the architect or engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. c) The landscaping must be planted as shown on Sheet 2 of the approved and endorsed plans and as required in Condition 3(a). 3 PG 8 d) All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. e) The building must have commercial fire sprinklers installed in accordance with the North Andover Fire Department. 7. Prior to the final release of security: a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as -built plan showing final topography, the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 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.' In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any, and all equipment which shall emanate sounds from the structures or site. 10. The hours -for --trucks entering the site for shipping_,. receiving -and waste hauling shall be limited to between the hours of 7 am and 7 p.m. Monday through Friday. Snow plowing may occur during operating hours and no more than two (2) hours prior to the opening of the facility and four hours after the closing. 11. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 12. The contractor shall contact Dig Safe at least 72.. hours prior to commencing any excavation. GI r- g �c_a LACA r -- 13. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 14. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 15. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 16. 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. 17. All signs within the project shall be of wood with uniform lettering and design. . The signs shall in no way be interior illuminated (neon or other means). All signs designed for this project must be reviewed and coordinated between the Building Inspector and the Town Planner for approval. Display window signs may not cover more than twenty (20) percent of the display window area 18. 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. 19. 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. 20. This Special Permit approval shall be deemed to have lapsed after (y&) 21 -1Tggg (two years from the date permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning. Board. 21. The .followng.inf©rmation sh4lLJ;ke deemed part of the decision: a) Plan titled: Medical -Offices -at -Crossroads in North Andover, MA Prepared for: PBJ Developments 565 Turnpike Street North Andover, MA 01845 Prepared by: Marchionda & Associates, L.P. - - 62 Montvale Ave., Suite 1 Stoneham, MA 02180 Scale: V = 40' Sheets: 1 Existing Conditions Plan, September 9, 1997, rev. 9/23/97, 10/31/97 2 Parking Layout Plan, July 9, 1997, rev. 9/23/97, 10/31/97 5 • • 4 to 3. Re -striping Plan - Crossroads Plaza, Sept. 23, 1997, rev. P g 9/23/97, 10/31/97 4 Grading & Utility Plan, July 9, 9/23/97, rev. 10/31/97 5 Erosion Control Plan, July 9, 1997, rev. 9/23/97, 10/31/97 6 Details, July 9, 1997, rev. 9/23/97, 10/31/97 b.) Plan: Re -Striping Plan Crossroads: Plaza ,in North Andover, MA Prepared for: PBJ Developments 565 Turnpike Street North Andover; MA Prepared by: Marchionda & Associates, L.P. 62 Montvale Ave:; Suite 1 _, Stoneham, MA 02180 ' Scale: 1" = 40' Dater Oct. 15, 1997, rev. 9/23/97 a. :. c.) Plan: Proposed Elevations ' Prepared for: Crossroads Plaza Lease Space ' R Turnpike Street (Route 114) a North Andover, MA Prepared by: Landry Architects 395 Main St. Units 7 & 8 Salem, NH 03079 Dated: 8/20/96, rev. 4/18/97, 8/897 d.) Document: Traffic Impact & Access Study Proposed Office Development P P Turnpike Street (Route 114) North Andover, Massachusetts Proponent: PBJ Development Dated: June 1997 Prepared by: DJK Dermont J. Kelly Associates, Inca Two Dundee Park, Suite 301 Andover, MA 01810-372.5 e.) Document: Hydrologic Analysis for Medical Offices at The Crossroads, North Andover, Massachusetts Prepared by: Marchionda & Associates, L.P. 62 Montvale Ave. - Suite 1 Stoneham, MA 02180 Dated: July 16, 1997, rev. September 22, 1997 a