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HomeMy WebLinkAboutMiscellaneous - 757 TURNPIKE STREET 4/30/2018 (3)y f own of North Andover 40RTN OFFICE OF �� °.,�'"° COMMUNITY DEVELOPMENT AND SERVICES ° . - 146 Main Street North Andover, Massachusetts 01845 �9 "�,,,,o :%•'�y SSACHUSE WU,LIAM J. SCOTT Director NOTICE OF DECISION o Any appeal shall be filled a_1 `" -4oC�';3 within (20) days after the 07V ` date of filling this Notice N o cm in the Office of the Town Clerk. ZE Date June 10, 1997 Date of Hearing 3/18, 4/8,4/15,5/20.1997 6/3 1997 Petition of 757 Turnpike Street ( Stop & Shop) Premises affected757 Turnpike Street , Rt. 114 Referring to the above petition for a special permit from the requirements of the North ANdover Zoning Bylaw Section. 8.3 so as to allowa one Story steel frame, block with clapboard siding with a one floor mezzanine. After a public hearing given on the above date, the Planning Board voted to_ Approve the Site Plan Review 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 Signed oc) Joseph V. Mahoney, Chairman Richard Rowen, Vice Chairman Alison Lescarbeau, Clerk Richard Nardella John Simons Planning Board BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9544 PLANNING 688-9535 Town of North Andover f �oRTM OFFICE OF �? o °'• �• �ooc COMMUNITY DEVELOPMENT AND SERVICES ° :' " p 30 School Street " t • 09 � North Andover, Massachusetts 01845 ����,.ED •Ltc/ WILLIAM J. SCOTT Director June 10, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Site Plan Review/757 Turnpike Street (Stop & Shop) Dear Ms. Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, March 18, 1997 at 7:30 p.m. in the Senior Center behind the Town Building, upon the application of North Point Realty Development Corp. ,231 Sutton Street , Suite 1 A, North Andover, MA 01845 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 February 26 and March 5, 1997 and all parties of interest were duly notified. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member ,John Simons and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. The petitioner was requesting a special permit to allow for the construction of a (I)one story steel frame, block with clapboard siding with a one .floor mezzanine. The proposed retail building is 77,084 SF. The location of the project is 757 Turnpike Street (Rt. 114) and is in the General Business (GB) Zoning District. Tom Laudani, Developer, Louis P. Minicucci, Jr., Developer, Richard E. Landry, Architect, V, Micheal Weinmayer, Landscape Designer, Dermot Kelly, Traffic Consultant, James Sylvia, Stop & Shop Manager and Steve Stapinski, Engineer were all present to represent Stop & Shop. Mr. Laudani gave an overview of the project. The site is on Rt. 114 - South Westerly direction consisting 'of 5.7 acres. The building footprint of approximately 64,000 SF with 77,000 SF total with a mezzanine. The site has frontage on Rt. 114 which consists of 375' and 634' on Willow Street. It is the former site of McLays Florist which is zoned (GB)General Business. The site is relatively flat with no wetlands. Mr. Laudani stated that they will be widening Rt. 114 by 13' from Mill Road to Jasmine Plaza. Mr. Laudani stated that Stop & Shop will be one of the largest taxpayers in the town and will create about 250 full/part time jobs. CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Richard Landry spoke about the architectural design of the building. Mr. Landry stated that he has done a number of Stop & Shops. They consist of brick and clapboard siding with a canopy and columns. The rear of the building will be concrete block painted beige. The standard Stop & Shop sign is not in compliance with the zoning bylaw as the main building sign has neon with aluminum letters. Dermot Kelly spoke about the traffic. Mr. Kelly showed the Board a USGS map. Mr. Kelly counted traffic from each plaza. Mr. Kelly stated that they would like to make 5 lanes and go back to 3 lanes at Jasmine Plaza. There will be a set of traffic lights at Stop & Shop. There is a curb cut at McLay road which will be realigned. The traffic leaving the Getty Station would be able to exit out through the Stop & Shop exit with the set of lights. Mr. Mahoney stated that all highway improvements would have to be approved by the State. Mr. Kelly stated that they have submitted a traffic study to the State. Ms. Colwell asked if the traffic lights on Rt. 114 would stop too much traffic on Rt. 114. Mr. Kelly stated that they would have to interconnect the lights. Mr. Rowen asked if they thought of tying into Jasmine Plaza. Mr. Laudani stated that it would not be feasible as the ownership of the Plaza has changed several times. They have thought about tying into the Getty Station. Mr. Laudani stated that there will be 2 accesses in the back to exit or enter from Willow Street. Mr. Laudani stated that they have had several meetings with the State Highway and they felt that there was not a substantial amount of traffic issues. Mr. Nardella suggested that the truck traffic use the Willow Street access. Mr. Stapinski stated that the Getty Station is on the Southeast, the Willows Office Park is South of the property, and Willows Racquet Club is West of the property and to the North is Jasmine Plaza. They will be connecting into the existing sewer. There are also hydrants on the site. There will be an alarm circuit on the front of the building. Mr. Stapinski also stated that a grease trap will be put into the sewer line. There will be three loading docks in the back and two on the side. They will provide trucks to come in and take away the trash. Mr. Rowen stated that he knows that the Fire Department like to have a 360° turn around but he likes this idea. Mr. Stapinski stated that without sprinklers you need a 360° turn around but without them access to three sides is sufficient. Ms. Colwell stated that she has concern with the trucks that would be entering at the second Willow Street entrance as large trucks will be mixing with shoppers. She would 'like to see that part of the lot be employee parking. Ms. Lescarbeau asked what time the deliveries were made. Mr. Stapinski stated that they are made in the a.m. Mr. Mahoney asked about the parking. Mr. Stapinski stated that they have asked the building inspector and he stated that they need 312 parking spaces. They went to the Zoning Board of Appeals and requested a variance. They propose 9'x 18' parking spaces instead of the 10'x 20'required in the Zoning Bylaw. They would also have 15 handicap spaces that are 12'x 20'. Mr. Laudani stated that there are numerous locations throughout the town that have 9'x 18' parking spaces. Mr. Laudani also stated that they will have no compact car parking spaces. Mr. Kelly stated that they will have a bench under a covered part of the building for citizens that would require a bus to transport them to and from the store. They also are planning on putting shopping on the Internet (Peapod). Mr. Simons asked what the size of the building was and how many parking spots there are in the North Reading store. Mr. Sylvia stated that the North Reading store has 84,000 SF and has 456 parking spaces. Mr. Simons feels we are going to have parking problems. Mr. Laudani stated that they are conforming to the Towns Bylaw. Mr. Laudani also stated that North Reading was made for future expansion and had extra space on the site. The site will only exceed in parking during Christmas and Thanksgiving. Mr. Sylvia stated that the customers are their main priority and he believes that 300 parking spaces are sufficient. Jim Sylvia passed out annual reports which summarized the company. Stop & Shop has been around since 1914. It is one of the largest supermarkets companies. They operate 186 stores in New England. Michael Weinmayer discussed the landscaping. There are going to be a total of 110 trees and 1,000 shrubs to accent the site. Some of the trees and shrubs they will be using will be forsythia, junipers, evergreens and burning bush. There.will be fence at the entrance. Mr. Nardella asked where the snow will go in the winter. Mr. Stapinski stated that they will have it plowed into the 6' buffer strip and then removed. Mr. Minicucci stated that the total development of the project will cost 10 million dollars. There will be 200-250 perm/temp jobs. There will be 20 million dollars in revenue. Many of those dollars are presently going out of the town of North Andover. Jay Diorio, of Hillside Road stated that the traffic is substantial enough on Rt. 114. There are not 3 lanes on Rt. 114 as one is a turning lane. He stated that Rt. 114 is a nightmare and North Reading is a totally different site. Mr. Diorio stated that Rt. 114 will soon become a Rt.28 in Salem, NH. Mr. Diorio stated that they have added Osco & Crossroads and are not looking in the best interest of the town. Al Perry, stated that he is the father of 7 kids and spends $500 a week in groceries. He stated that his wife has to go shopping 3 times a week and goes shopping at the Stop & Shop in North Reading. He stated that he is very inconvenienced with the shopping in North Andover. Paul Ruthier of Chestnut Green stated that the new traffic lights will help a great deal with the traffic. Scott Hajjer of Turnpike Street state that the traffic is already there. As a resident of the town he believes the traffic lights will make people slow down. As a taxpayer it will bring more income into the town. Janet McLennan of McLennan & Company, read a letter in favor of Stop & Shop and is available in our files. Brian Lawlor of Stevens Street, stated that it will create a number of jobs and a lot of residents are excited. Linda Jones of Bonny Lane, is in favor of this and believes this will enhance the town. Lou Kemmic of 707 Turnpike Street, has concerns of the high water table. He stated that Rt. 114 is paralyzed at 5:00 - 6:30 p.m. and it is also completely stopped in the a.m. in front of his building. Mr. Kemmic stated that he has had his office there for 30 years and the meadow next to his building and Jasmine Plaza has flooded. Mr. Mahoney stated that we will have to continue in two weeks. Continued until April 1, 1997. Due to a snow storm the public hearing was continued until April 8, 1997. The North Andover Planning Board held a regular meeting on April 8, 1997. The following members were present: Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Alison Lescarbeau, Clerk, Richard Nardella and Kathleen Bradley Colwell, Town Planner was also present. Tom Laudani was present representing Stop & Shop. Mr. Laudani handed the board a list of 200 people who are in favor of Stop & Shop. Dermit Kelley of DJK Associates was present to speak about the traffic issues. Mr. Kelley stated that they will be reconstructing Rt. 114. They have met with Mass Highway and they have approved the plans but, have some suggestions that they would like them to do. Mass. Highway would like them to interconnect with the other lights. Mr. Kelley stated that they will be widening from the 3 lanes to 5 lanes with a long taper. The access is off of Turnpike Street and the truck access is off of Willow Street. Mr. Kelley presented the sketch of Rt. 114 from Osco to the site. The road presently at Osco Drug starts at 5 lanes then goes to 2 lanes then drops to 1 lane then goes back to 2 lanes at Hillside Road. Mr. Kelley met with Mr. Hajec, the town's traffic consultant. The corridor study will go from Jasmine Plaza to Rt. 125. Mr. Nardella asked if the corridor study would take into consideration future zoning changes along Rt. 125/Rt.114. Mr. Kelley stated that he would look at proposed zoning. Jay Diorio of Hillside Road, asked why they have not addressed the western side of Rt. 114. Mr. Diorio stated that he sat at the intersection of Hillside Road for 5 minutes trying to get out. Mr. Diorio also stated that there are two more pieces of property for sale and wants to know what is going to happen when those get built upon. Lou Kemmick of Turnpike Street, asked what the total number of cars that travel on Turnpike Street a day. Mr. Kelley stated that based on the traffic count, the new Stop & Shop would generate 357 trips. Mr. Nardella asked what the total number of cars that would enter the site is. Mr. Kelley stated that about 204 cars would enter the site a day. Mr. Nardella asked what the peak hours are for Turnpike Street. Mr. Kelley stated that they are from 4:30-5:30 p.m. Steve Stapinski of Merrimack Engineering, was present to speak about the engineering design overview. Mr. Stapinski stated that there is drainage on Willow Street to pick up runoff. Then it goes into the storm drainage on Rt. 114. The pipe on Rt. 114 does not have the capacity to maintain a 100 year flood. There are two separate systems proposed. The first is for flood storage. There are a series box culverts connected to the pipe. As the water backs up it is directed to these chambers. The water can not enter the higher chambers until the lower chambers are full. The second system deals with storm water control. They will put the detention underground. The site is graded at 1 '/z % consistently throughout the site. There will be catch basins set at every aisle. There are gas and oil traps. Mr. Nardella asked if there would always be water in the chambers. Mr. Stapinski stated that there would be in the spring. Mr. Nardella asked if there was 1' of water in the chambers could it then handle a 100 year flood. Mr. Stapinski stated that there would never be 1' of water it would only be 1/2" of water in the chambers. Mr. Nardella asked if they need maintenance. Mr. Stapinski stated that they have inspection manholes throughout the site to inspect. Mr. Rowen asked if they are going to have a problem with draining into the Getty Station. Mr. Stapinski stated that the Getty Station flows down into an open area, and that the Stop & Shop parking would not drain through the Getty property. Ms. Colwell stated that all of the drainage is being reviewed by John Chessia. Lou Kemmick of Turnpike Street, stated that during the last storm the water was flowing over his property and is very concerned about the drainage. Mr. Laudani stated that the signs don't conform to the Rules & Regulations and they are going to submit new plans. Mr. Nardella asked if they received a waiver from the Zoning Board of Appeals for the parking spaces. Mr. Laudani stated that they have to meet with them on April 17, 1997. Don Stewart of Prospect Street, stated that he is in favor of this project. Young Nam of 35 Phillips Common, stated that the project will provide a lot of part time and full time jobs for students and is in favor of this project. Mr. Nardella asked the applicant if they could work with the senior citizens to try to help them get to and shop at the new Stop & Shop. Mr. Laudani stated that he spoke to Kathleen Gorrman, Director of the Senior Center, about getting them hooked up to the Internet on line so that the Seniors will be able to use the Pea Pod delivery service to have their groceries delivered. The North Andover Planning Board held a regular meeting on April 15, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella and Kathleen Bradley Colwell, Town Planner was also present. Tom Laudani was present representing Stop & Shop. Ms. Colwell passed out a list of the remaining issues. 1.) utility easement 2.)- stormwater drainage 3.) location of the wetlands 4.) the sign is non -conforming with bylaw. Atty. Robert Levy stated that on the northerly boundary line there is a utility easement that runs through the length of the property. They have a right to put parking over the easement. Bob Webster owns the easement. The storm water drainage is being worked out with John Chessia, the outside consultant, and the applicant. Mr. Laudani stated that they waited to file with ConCom until they met with Mass Highway. Curt Young, of Wetlands Preservation has flagged the property and Merrimack Engineering will be locating the flags and will be filing with ConCom on April 25, 1997. Mr. Laudani stated that the original sign was not in conformance with the bylaw. Mr. Landry, architect, showed the board a "halo" effect sign that is used on other Stop & Shop buildings. He stated that the letters are solid aluminum lit from the back. Mr. Simons stated that every sign we make the applicant put in is wooden and that's been normal. Mr. Simons would like them to put in a wooden sign like Star Market. Ms. Colwell asked about the sign at the entrance. Mr. Landry stated that it is the same as the one at the North Reading store and will have flood lights that shine on it. Mr. Nardella asked if dormers could be placed on the building similar to those used at Osco and The Crossroads. Mr. Laudani stated that they will submit plans with the dormers. Mr. Simons stated that he would like to see them put something.along the side of the building. Mr. Nardella suggested that they take a look at Osco Drug and then bring something back to us. Mr. Rowen stated that during the site walk Mr. Laudani stated that they are planning to put a chain link fence on the side of the building not on the front. Mr. Laudani stated they are no longer going to do that. Mr. Rowen suggested that the picket fence in the front of the building be staggered along the property to break up the site line. Mr. Laudani stated that he will look into it. Mr. Simons asked what the situation was with ZBA. Mr. Laudani stated that they are going before ZBA on April 17, 1997. Ms. Colwell stated that she would like to close the public hearing at the next meeting and will draft a decision. Continued until May 20, 1997 The North Andover Planning Board held a regular meeting on May 20, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella, John Simons, and William Scott, Director of Community Development. Tom Laudani was present representing Stop & Shop. Mr. Laudani stated that there are no major outstanding issues with John Chessia. Mr. Laudani, Mr. Scott, W. Stapinski and Mr. Chessia met last Thursday. Mr. Chessia submitted a letter to the Board stating there are only a couple of issues remaining on the drainage. Mr. Simons stated that he would like to see something done with the left hand front side of the building. Richard Landry of Landry Design Group, stated that they can't do to much because that is where the bakery and the pharmacy are. . Mr. Laudani stated that they have been on a site visit to N. Reading and through extensive review of this and I thought we had an agreement. Mr. Laudani suggested that they do a design on the wall with the bricks protruding. Mr. Rowen asked what the wall on the right hand side of the building was so long for. Mr. Landry stated that the Board asked for that so it would screen the trucks that would be delivering products. Steve Stapinski stated they have developed a new model for drainage and submitted it to John Chessia and will have comments back by this week. Mr. Rowen asked if this drainage system is going to require a maintenance system. Mr. Stapinski stated that they are going to be filing a Notice of Intent with the Conservation Department and they will be providing a maintenance plan to them due to the Storm Water Management. Mr. Nardella stated that he would like it put in the decision that the owner pays for the maintenance plan twice a year. Mr. Scott stated that if they are going to submit the maintenance plan to ConCom that they could submit it to Planning Department to put in the special conditions. Mr. Scott stated that they have to get there information into us by the 27`h of May then we can have a decision pending on the receipt of the plans. Mr. Rowen asked if they need a permit to be open 24 hours. Mr. Scott stated that they have to go before the Board of Selectmen. Mr. Laudani stated that Chief Stanley sent a letter of his support of it being open 24 hours. Mr. Rowen asked if when we issue the decision it states that they have to go before the Board of Selectmen. Mr. Scott stated that they have to go before them anyway. Jay Diorio of Hillside Road, stated that he does not believe they have not addressed all the traffic issues. He stated that his property is going to be depreciated because of the Stop & Shop and because of all the traffic problems now. Ms. Lescarbeau stated that they are improving the traffic problems by having lights with a delay and by widening the road. Mr. Laudani stated that he has given Mr. Diorio his card several times and stated that to call him if he would like to talk about any problems to call him and he never contacted him. Mr. Laudani stated that we are widening the roads and synchronizing the lights. Mr. Laudani also stated that Stop & Shop is going to pay for the corridor study. Mr. Rowen asked if wecould put in the decision that they can't put banners on the front of the fence. On a motion by Mr. Rowen, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing and direct staff to draft a decision. The North Andover Planning Board held a regular meeting on June 3., 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and William Scott, Director of Community Development. The Board agreed to set the bond for 757 Turnpike Street for $25,000. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve the decision as amended for 757 Turnpike Street site plan review. Attached are the conditions. Sincerely,, J Joseph V. Mahoney, Chairman North Andover Planning Board 757 Turnpike Street (Stop & Shop) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 77,084 SF one story with a mezzanine building located at 757 Turnpike Street in the General Business GB Zone. Northpoint Realty Development Corp. 231 Sutton Street, Suite IA, North Andover, MA 01845 requested this Special Permit. This application was filed with the Planning Board on February 19, 1997. The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the General Business Zone along a major roadway, surrounded by industrial and commercial uses; 2. The use as developed will not adversely affect the neighborhood as the site is surrounded by industrial and commercial uses; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as significant improvements will be made to Rt. 114; 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw; 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: SPECIAL CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The following information must be provided to the consultant and to the Planning Department for review and approval and the appropriate changes made to the plans: i) Information as cited in the letter dated May 19, 1997 from John C. Chessia, PE of Coler & Colantonio, which is attached hereto and incorporated herein by reference. b) Corrections and additions must be made to the plan as follows: i) As cited in the letter dated May 19, 1997 from John C. Chessia, PE of Coler & Colantonio, which is attached hereto and incorporated herein by reference. ii) The parking spaces adjacent to the proposed building near the Willow Street entrance must be designated as employee parking only. c) An operation and maintenance plan for the storm water and flood storage facilities must be submitted to the Planning Department and approved by the department. The final plan must be reviewed and approved by the drainage consultant, DPW and the Town Planner and subsequently endorsed by the Planning Board. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. A bond in the amount of $25,000 dollars 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 eposited into an interest bearing escrow account. fl 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 and off the site, including work to route 114. 2. Prior to the start of any work on site, .VJThe Planning Board must endorse the final site plan mylars. Three (3) copies of the endorsed plans must be delivered to the Planning Department. b This decision must be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Department. c) The applicant shall determine the preexisting conditions of the noise levels emanating from the site area, at the property line at a height of 6 feet, to determine the baseline noise conditions of the site area. The noise survey will provide evidence of the origin of surrounding noise and a baseline condition from which the applicant can determine their increases. The noise levels shall not increase the broadband level by more then 10 dB(A) above the ambient levels or produce a "pure tone" condition at the property line as set forth in DAQC Policy 90-001, the guideline for 310 CMR 7.10. 3. The applicant's contractor shall insure that the construction of the facility will not cause undue nuisance to adjacent businesses. Methods such as the following must be employed: a) Construction shall not begin prior to 7:00 am and shall cease at 6:00 PM for exterior work, and 7:00 to 11:00 PM for interior work. b) Construction shall be limited to weekdays, Monday through Friday during the above hours. Construction may occur on Saturday during the hours of 7 am to 5 p.m. to facilitate a shorter construction period. c) Dust mitigation methods such as site watering to insure that dust does not leave the site during construction shall be implemented. 4. Prior FORM U verification (Building Permit Issuance): A copy of the Highway Access Permit from the Massachusetts Highway Department must be submitted to the Planning Department. 5. Prior to verification of the Certificate of Occupancy: a) All roadway and traffic improvements outlined in the approved traffic study as referenced below must be completed as certified by the traffic engineer for the project. Report entitled: Buttress ENF Traffic & Access Study Turnpike Street (Route 114) North Andover, Massachusetts Submitted: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 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 Planning Department shall approve all artificial lighting used to illuminate the site. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The Planning Department shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. d) The building must have commercial fire sprinklers installed in accordance with a design approved by the North Andover Fire Department. 6. Prior to the final release of security: a) The applicant must complete the corridor planning study. This study will analyze the Rt. 114 corridor from Jasmine Plaza north to Rt. 125 and will be of sufficient detail and expertise to provide the Town with the information necessary to apply to the MHD for Transportation Improvement Plan (TIP) funds. This study is to be completed in the manner and form as indicated in the Environmental Impact Report. b) The Planning Staff shall review the site. Any site screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. c) A final as -built plan showing the location of all on- site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed and accepted by the Planning Staff and the Division of Public Works. 7. All truck deliveries must be made to the site via Willow Street. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff prior to the stockpiling. 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 that 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 5 am and 10 p.m. Monday through Sunday. Snow plowing may occur during operating hours and at least two (2) hours prior to the opening of the facility and four hours after the closing. Snow must be removed from the site to avoid the use of parking spaces as snow stacking areas. 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. 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. 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. 18. 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. 19. This Special Permit approval shall be deemed to have lapsed on 6/12/99 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. 20. The applicant or tenant shall not place banners or other like signs on any structure or erect structures to hold such advertising devices. 20. The following information shall be deemed partof the decision: 21. Plan entitled: Site Development Permit Plan Plan of Land in North Andover, Massachusetts Stop and Shop Retail Facility Prepared for: Northpoint Realty Development Corp. 231 Sutton Street — Suite 1 A North Andover, Massachusetts 01845 Scale: As noted Date: February 13, 1997, rev. April 9, 1997 Revisions May 19, 1997 Sheets: 1 through 13 Sketch titled: Sign Details Project Name: Super Stop & Shop Route 114 & Willow Street N. Andover, Massachusetts Prepared by: Landry Design Group 395 Main Street Units 7 & 8 Salem, NH 03079 Sketch Number: PA -1 Date Issued: 2/14/97 Revisions 4/21/97 & 4/29/97 Report entitled: Mesoscale Air Quality Analysis Stop & Shop Supermarket North Andover, Massachusetts Dated: April 22, 1997 Prepared by: Tech Environmental 1601 Trapelo Road Waltham, Massachusetts 02154 Prepared for: Northpoint Realty Development Corp. 231 Sutton Street —Suite 1A North Andover, Massachusetts 01845 Report entitled: Environmental Notification Form Proposed Stop & Shop Turnpike Street (Route 114) North Andover, Massachusetts Submitted to: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 Merrimack Engineering Services 66 Park Street Andover, MA 01810 Report entitled: Buttress ENF Traffic & Access Study Turnpike Street (Route 114) North Andover, Massachusetts Submitted: Executive Office of Environmental Affairs MEPA Unit Proponent: Northpoint Realty Development Corp. Prepared by: Dermot J. Kelly Associates, Inc. Two Dundee Park, Suite 301 Andover, MA 01845 Report entitled: Drainage Analysis for Stop & Shop Route 114 North Andover, MA Dated: February 1997 with Revisions May 19, 1997 Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 cc. Applicant Assessors Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Planning Board Police Chief 757 Turnpike Street (Stop & Shop) - Site Plan Review