HomeMy WebLinkAbout2020-11-24 Application MODIFICATION SMOLAK & VAUGHAN !.] John T. Smolak, Esq.
T: 978-327-5215 1 F': 978-327-5219
ATTORNEYS A,T LAW jsinol.akoa.siiiol,akvaughan.co:m
September 17, 2020
BY HAND
Eiltan Goldberg, Chair
Ptanning Board
Town of North Andover
120 Main Street
North Andover, Massachusetts Oil 845
RE: Ea.gtewood Shops
127 Turnpike Street (Map 24, Lot 16)
Owner-, Linear Retail North Andover #1 LLC, c/o Unear Retail Properties, Inc.
Application for Modification of Site Plan Review Speciat Permit andAp lication
10 10 -----, I
for Pa,rkine Special Permit
Dear Chairman Goldberg and Other Board Membersi:
On behalf of Linear Retail North Andover #1 LLC, the, owner and Applicant with
respect to the aba -refer n ced property, enclosed please find an Application to
Modify the Site, Plan Review Decision issued in 2004, as well as an Application for
Parking Special Permit. As you recall from the July 14, 20,20 Board Meeting where, the
Board approved an Insignificant Change Decision, the Applicant suggested it would Fite
a format modification to the Site Plan Review Special Permit Decision issued by the
Board on February 3, 2004 based upon a need' to adjust parking at the site, and to
proposed a modi'fication to certainn conditions contained within the 2004 Decision in
order to streamline review.,
We took forward to meeting with the Board on this matter. Than you for,your
consideration fthis matter.
si erelty,,
ohn Smotak
JTS/
cc: Greg Drocs, Vice President, Asset, Management, Linear Retail Properties, LLC
Distri"bution List
Enctosures
00 171312;vI 1.
J
4b,
i
PLANNING DEPARTMENT
Community& Economic Development Division y
Sp::eecial Permit Site Plan Rev ie:,(Mod ificatio & Parking
' n EE
...... ..........
.... .... ................
Please type or print clearly.
I.: Petitioner: Linear Retail North Adorer#1 LLC
Petitioner's Address: 5 Burgin tors woods Drive Ste. 107, Burlin tors MA 0189
Telephone number: 73-7 8- c/o Greg Droc VP Asset Management
Owners of the Land: Linear Retail North Andover#1 LLC
Address: 5 Burlington Woods Drive eta, 107 Burlington, A 01803
Number of years of ownership: - ears
.Year lot was created: �00
4. Description of Proposed Project:
Modification to Site Plan Review Special Permit including Park S ecial Permit to provide for the modification of
parking and related improvements located at the Ba lewood Shopgplaza consisfina of approximately 78 7 2 sguare
feet of existin-q retail restaurant and ethers aces road across three buildings, all of which is located on are
approximate 3.2 -acre..parcel of lard all as shown on Site Plans. No chap-ges to the existinq buildings or lot are
ro oed.
. Description of Premises: 1 3. 9-acre arcel located on south side of Turn ice Street
8.Address of Property Being Affected: 127 Tura ile Street
Zoning District: General Business �B
Assessors Map: 24 Lot#: 16
Registry of Deeds: Boole#: 14258 Page : 108
7. Existing Lot:
Lot Area (Sq. Ft): 579,076 Building height: <45 beet
Street Frontage: 324.9 Feet Side Setbacks: 55.4 Feet
Front Setback: 126.1 Feet Rear Setback: 49.8 Feet
Floor Area Ratio:, 0.13:1 Lot Coverage: 26%
. Proposed Lot if applicable): NIA—NO CHANGE To LOT
Lot Area (Sq. Ft): Building Height:
Street Frontage: Side Setbacks:
Front Setback:: Rear Setback:
Floor Area Ratio: Lot Coverage:
{00 1707 ; 2
Page I of
20 Main Street North Andover, l a sachuseits 01845
Phone: 978. 88.9 35 Fax: 978.688.9542 Web: wwwnort an overni .
9. Required Lot(as required by Zoning Bylaw
Lot Area(,Sq. Ft -* 25A 000 Building HeIght:45 Feet
Street Frontage: 125 Feet Side Setbacks. 25 Feet
Front Setback. 25 Feet Rear Setback: 35,Feet
Floor Area Ratio: N/A Lot Coverage: 35%,
® Existing Building(if applicable):
Ground Floor(Sq. Ft.)-. Multiple #of Floors., Variable,
Total,S . Ft.: See Memo, Height: <45,Feet
Use, Retail., her Type of Construction: Variable
11, P'ropoIseId Building: N/A—NO CHANGE TO BUILDINGS PROPOSED
Ground Floor(Sq. Ft-,): #of Floors:
Total Sq. Ft. Height:
Use: 'Type ofConstructlon:
12. Has there been a previous application for a,Special Permit from the Planning Board on these premises
YES. If so,when and for what type of construction? See Memo
13. Section of Z,on 1 ng Bylaw that Special it,Is Being Requested
Art, $8 Part. 3( Plan Revj-�Art.8, Part 1 195-8.8farking SP),;1 Aft. 110, § 195-10.7 of Ch. 195
1 A
14, Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Planning
Board. Every applicatin shall be filed with the Town Clerk's office. It shall be, the responsibility of the
petitioner t,o furnish all supporting documentation with thi's application., The dated copy of this, application
received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The
petitioner shall be responsible for all expenses for filing andl legal notification, Failure to comply with
application requirements, as cited her Inand in the Planning Board Rules and Regulations may result in a
dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature:
'd Or,
A Op" "OPP,
Print or type name here:John T. Sr l Esc g.,,Attorney for Petitioner,duIv authorized
Owner's Sign ature�:
V
ed
Print or type name h4re:John,T. Smolak,, Esg., tag t r Pet,itllonerjul turnl
15. Please list'title of plans and documents you will be attaching'to'this application,. See attacl.ied
Memorandum.
Page 2 12,
120 Main Street North,Andover,, Massachusetts 01845:
Phone: 978.6,88.9535 Fax: 978.6881.9 2 We lei ando,veniiia,,,
inn I710754-0 I
PLANNING DEPARTMENT
Building Conservation Heafth Planning Stevens Estate Zoning
Certificationd.
of PayIment of Municipal Taxes, Fees,, Assessments,
Betterments and Other Municipal Charges
The Town,of North Andover General Bylaw Chapter 1,29-1, provides,�ghat any application for a
pe rm it or license may be denied, suspended or revoked if the holder thereof has faile�d or l
refused to pay any taxes,,fees, assessments, betterments or other municipal charges. By
signing this application, the applicant represents,that he or she has paid all such taxes and fees.
I , rfify under the penalties o�f pe jur y that t o the,
XAIM�* ri
best f my knowledge and belief, I have not neglected or,refused to,pay any municipal taxes,
fees, assessments, befterments or any other municipal charge inicluding amounts assessed
under the provisions of section twenty-one D,or am not applying for a license permit with
respect,to any activity,,event or other matter which is the,subject of such license or permit and
which acti it event or matter 'I's carried out or exercised or is to be carried out or exercised on
or about real estate whose owner has neglected or refused to WN.Ply any local taxes, ees,
assessments,,,betterments or any other,munic`pq rge,
Signed under oath:
Nal
QswrA
Address y
Does the Property Owner own any additional property in North Andover(Yes or No)?
(Y
If yes, please list the property address of any additional property,
Property Address:
North Andover'Tiax,Collector Signature
Name
Date
i
4
TOWN of NORTH ANDOV R PLANNING BOARD
APPLICANT & OWNER: LINEAR RETAIL NORTH AI DOV R#1 LLC
PROPERTY. 127 TURNPIKE STREET (Map 24, Lot 16)
MEMORANDUM IN SUPPORT of APPLICATION FOR
MODIFICATION TION TO SITE PLAN REVIEW
AND PARKING SPECIAL PERMIT S
(Article 8, Par 3[siteplan review]; Article 8, Part , § 9 - # . [parking special rmini];
and,Article 10, § - o. specia peg nit-generall, of C11apter 195--Nortli Andover
Zoning Byla)v)
I. INTRODUCTION
Linear Retail Forth Andover #1 LLC (the "Applicant" or "Linear"') is the
applicant requesting Pl in Board approval of the proposed modification to a Site
Plan Review Special Permit Decision, dated February 5, 2004 (the "2004 Site Plan
Decision,"') and Parking Special P rmit irr connection with certain proposed adjustments
to parking on the 13.29-acre parcel of land known and numbered as 127 Turnpike Street
(the "Property"'). h Property currently contains approximately ' , 2 square feet o
existing retail, restaurant and other space spread across three separate buildings on the
Property (the ""Project"). Linear is not proposing any changes to the building or
Property, but is seeking a modification to the 2004 Site Plain Decision to enable the
Applicant to reduce currently required parking requirements. The existing
improvements on the Property are more particularly shown on the site plain (the "Site
Plain") attached hereto as Exhibit I .
Background
On or;about February 5, 2004, thePlanning Board voted to issue a Site Ilan
Review Special Permit to Eaglewood Properties, LLC for the redevelopment of an
approximate 13.29-acre parcel of lard into a retail and restaurant plaza known as
a lwood Shops the "'2004 Site Plan Review Special Print" . A copy of the 2004 Site
Plain Review cial Permit is attached as Exhibit T . Eaglewood Shops consists of
76,742 square feet of retails ace read across three separate buildings, s shown on
p �
the Site Plan. Originallydeveloped in 20 5, the d elopr nt v as �n 7isiorn d to b a
xasi-lif st l center that featured retailers that were traditionally mall-based. These
n
retailers in lud d women, rr er , and childr n's apparel, home furnishings, office
supplies and food,
Subs rntl , b Decision, dated August , 2011, the oa�rd granted a Sit Plan
Review Waiver (the "'20 1 Waiver Decision") to the former Property owner, Eaglewood
t
100 17 760;v Site Plan Review&PaTking Special Permits Memorandum Planning Board
t
f
Properties L.L C, to enable the then-owner to increase the approved amount of new
restaurant square footage for a new restaurant from 9,000 s.f. for are additional 3,500 s.f.
restaurant. A copy of the 2011 Waiver Decision is attached as Exhibit E. As of the
date when Linear acquired Eaglewood, a total of 15,515 square feet of existingspace is
occupied by restaurant rises,
In June o , Eaglewood Properties, LL C sold the property to Linear near which ovens
and operates shopping centers and other retail properties in Eastern Massachusetts,
Southern New Hampshire and Rhode Island.. Linear current portfolio consists of 88
retail properties with over tenants.
Lastly, by Decision, dated July 21, 2020, the Planning Board approved as an
insubstantial change) the addition of 2,804 s.f. of restaurant space for a Five Guys
Restaurant, bringing the total amount of space devoted to restaurant use to 18,302
square feet the ""2020 Insubstantial Change Decision)." A copy of the 2020
Insubstantial Change Decision is attached as Exhibit F.
a lewood Shops - Existing.Tenant Mix and Updated Trends
As described in Linear"s request for Insubstantial Change filed with the Board on
July 14, 2020, and since the time that Eaglewood Shops was developed, there has been a
significant change and disruption in both the consumer and retailer mirndset. As retail
sales shifted online or were disrupted by online retailers, certain apparel and home
goods retailers such as Fier (10,591 SF),jjill (2,804 S and Jos. A Bank (4,342 SF)
closed their stores at Eaglewood. Additionally, based upon Linear's conversations with
tenants and from tenant mews releases, Linear anticipates that within the net - 2
months other tenants such as Chico' (2,804 SF), and Yankee Candle 2, S may also
soon follow- electing to close and consolidate stores to the more traditional mall-based
corridors of Salem, NH or the North shore Mall.
s retail has evolved, so too have tenancies across the entire Linear Retail
portfolio. Presently,r, the more active retailers actively looking for space include food
(fast casual), fitness (boutique fitness such as Pilates, yoga and cycling) and medical
(dental, physical therapy, and urgent care). These categories represent experiential
retail and are those that have not fret been replaced by an online presence.
11, PROPOSED MODIFICATION
While this Application proposes no changes to the existing buildings, or to the
Property,er#ty, Linear+r is simply seeking a modification to the number of parking spaces
required for the uses at the Property, as a result of the above-referenced treads, t
enable Linear to have more flexibility in allocating parking spaces among the various
uses on the Property.
001707 i ;v4 Site Plaii Review&Parking Special Pei ift iemo nduin -- Planning Board
2
f
In addition to the requested Modification to Site Plan Decision and Parking
Special Permit, the Applicant is requesting an amendment to Condition No. 61 of the
2004 Site Fran Decision in order to facilitate and streamline the review of future changes
in tenants,, as further described below.
s to parking, Linear is requesting a reduction in required parking due to a
combination of varying peak parking demands and other factors as further;described
below. As background,, we note the following:
. The 2004 Site Plan Decision approving the Eaglewood Shops project
included a total of 430 parking spaces.
2. According to the 2011 Waiver Decision, a total of 13 additional parking
spaces were added as a result of re-striping since the 2004 Site Ilan Decision was issued,
4.
reportedly bringing the total ofon-site parking spaces to 443.
3, However., a total of 430 parking spaces are located on the Property today,
as confirmed by the Applicant.
4. As depicted on the parking allocation table attached as Exhibit G, the
existing uses and former uses including allocations for currently vacant spaces)
collectively require a total of 518 parking spaces under current zoning. We note that
with the current vacant spaces ((Pier 1, Jos. A. Banks)) which collectively represent 52
parking spaces, however, with vacancies, the current operating uses at the Property
provide a total of 36 parking spaces below what zoning currently requires at the
Property).
5. we also note that based upon the existing and likely future uses of the
leased space at the Property, it is projected that the parking requirements under the
Zoning Bylaw would require a total of 561 parking i spaces which suggests that the
projected future uses would result in a zoning deficit of 131 parking spaces. See
Parking Allocation Table attached hereto as Exhibit G.
Both the existing parking allocation and projected future parking allocation i
Exhibit G were confirmed by the Building Inspector.
For the reasons described below, however, the required number of parking
spaces under current zoning greatly exceeds what is required for current and future
rises and operations, as further articulated below and in a Memorandum, dated March
, 2019 to Mr, Greg I roc , Asset Manager, Linear Retail Properties, Inc. from Jeffrey
Dirk, P.E., P.T. . ., F.i. . ., Partner, Vanasse & Associates, Inc. the "Traffic
Memorandum") attached hereto as Exhibl*t H.
00I7 7 0;v4 i le Plan Review&Parking Special Permits Memorandull) -- Planning Board
3
{
4
111, REQUIRED RELIEF
Based upon our preliminary review of the proposed improvements, Linea- has
determined that the following relief is required under the North Andover Zoning
Bylaw:
a. Modification to Site Ilan Review (Article 8,(art ;
b. Parking Special Permit (Article 8. Part 1, § 1 - . ; and,
C. Satisfaction of the general Special Permit criteria (Article 10, § 195-10.7A)
of Chapter 195.
V. SITE FLAN REVIEW AND OTHER SPECIAL PERMIT CRITERIA
Article 8, Dart 3, §§ 19 - .10. Cl ough 195-8.17. of the Zoning Bylaw describe the
site plan review process, and § 1 - . 5. lists the review criteria and design guidelines
used by the Planning Board to evaluate the Project as part of its site plan review special
p process.ro ess. If a proposed development or project seeking a parking special permit
pursuant to § 195-8.8 also requires the granting of a site plan approval special permit
pursuant to fart 3, Site Plan Review, the conditions and requirements under a parking
special permit under Part 1 shall be incorporated into and combined as a single
application, review, and approval process for a site plan review special permit issued.
in accordance with fart 3. Since this Application constitutes, in part, a modification to
site plan review, the Applicant incorporates all those criteria approved by the Planning
Board in the 2004 Site Plan Decision, as amended, by reference. A description of how
the modified Project Beets such criteria are described as follows:
A, SITE PLAN REVIEW CRITERIA (§.19.5-8,15)
A. GENERAL
Conformance with all appropriate provisions of the Zoning Bylaw.
The proposed uses at the Property are uses allowed by right in the
General Business G Zoning District, Since the Project buildings and
Property are not being changed as a part of this Application, the Project
also conforms to all dimensional criteria listed 'in Article 7, including but
not limited to, Table 2 (Summary of Dimensional Requirements), of the
North Andover Zoning Bylaw except for those parking g requirements for
which Special Permits are requested herein, Compliance with
dimensional requirements is summarized on the Site Plan as well as o
the Site Flan Review Application Form.
01707 0;x,4 Site Plan Review&Parking Special Permits Memon,ndum -- Planning Board 4
t
2, Protection of abutting properties from detrimental site characteristics.
The Project provides appropriate building setbacks from the adjacent
properties. The adjoining properties will not be negatively impacted by
the proposed Project, but the Project in fact will continue to complement
the surrounding uses in a manner which minimizes potential impacts t
both commercial and other uses in the neighborhood.
:ENVIRONMENTAL
Protection of unique or important natural, historic or scenic features.
Since there will be no proposed change to the Property or buildings
located thereon, the Property and Project as modified by this Application
will not impact unique or important natural,historic or scenic features.
2. Adequacy of proposed methods of refuse disposal.
The Project will continue to maintain adequate methods of refuse disposal
as currently maintained.
3. Ability of proposed sewage disposal and water supply systems within
and adjacent to the Site to serve the proposed use.
The Project will involve no change to sewage disposal and water supply
systems, and sufficient capacity exists within the municipal system to
continue to accommodate water needs. The Project will also maintain the
existing sever connection with no change to the same.
4, Adequacy of the proposed drainage system within and adjacent to the
site to handle the increased runoff resulting from the development*
No changes are proposed to the Project drainage system and the
Applicant has not been informed of rr issues with the operation and
pp �
erfor na-ice of such drainage systems. Therefore, the Applicant states
p g
that the drainage system ithin and adjacent to the Property adequately
handles runoff resulting frorr-i the development.
00170 0;v4 Site Plan Review Parking Special Pennits Memorandum -- Planning hard
5
Provision of adequate landscaping, including the screening of adjacent
residential uses, provision of street trees, landscape islands in the
parking lot and a landscape buffer along the street frontage.
No changes are proposed. to Property landscaping. Since the Project was
approved under the 2004 Site Flan Decision, the Applicant states that
adequate landscaping aping nd screening has been prided for the Property.
r.
, Adequacy of the soil erosion plan and any plan for protection of steep
slopes, both during and after construction,
No construction is proposed as a part of this Application.
, Protection of adjacent properties by minimizing the intrusion o
lighting, including parking lot and building exterior lighting.
No changes to the Property lighting plan are proposed. The Applicant
states that since the lighting plan approved under 2004 Site Plan Decision,
the lighting of the property continues to comply with this criterion
The proposed development must not present a demonstrable adverse
impact on the surrounding area resulting from excessive noise, dust,
smoke, or vibration which are higher than levels now experienced from
uses permitted in the surrounding area.
The Project has been operating sine 2005 without any known adverse
impact n the surrounding area resulting from excessive noise, dust,
smoke, or vibration which are higher thanlevels no e pe i
e ed from
uses permitted in the surrounding area.
C. DESIGN
1. Buildings shall he located with respect to setbacks, placement o
parking, landscaping and entrances and exits with surrounding
buildings and development.
The proposed building conforms to the required building setbacks l s nde
the Zoning Bylaw and no changes are proposed as a part of the
Application.
2, The buildings shall relate harmoniously to each other in architectural
style, site location and building exits and entrances,
es,
(00170760;v4)Sitc Plan Review Parking Special Pennits Memorandum Planning Board
c
No changes to the architectural style, site location and building exitsn
entrances are proposed as a part of the Application.
3. Screening shall be provided for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings and similar features.
No changes to screening on the Property are proposed, and the Applicant
states that since the Project was approved under 2004 Site flan Decision, it
has determined that screening continues to be adequate.
Electric,telephone, cable t. ,, and other such lines and equipment must
be placed underground.
No changes to screening on the Property are proposed, and the Applicant
states that since the Project was approved under er 2004 Site Flan Decision, It
has determined that location of such utilities and related improvements
continues to be adequate.
Demonstrate that the scale, massing and detailing of bulYdings are
compatible with those prevalent in the surrounding area,
s noted above, no changes to the buildings are proposed.
D, TRAFFIC/PARKING
ill The Iocation and number of curb cuts shall be minimized to reduce
turning movements, and hazardous exits and entrances.
No changes to the number and curb cuts are being proposed, and the
Applicant states that since the Project was approved under 2004 Site Plan
Decision, It has determined that the location and number of curb cuts and
related turning movements remain adequate,
2. Provision for access to gp properties erties shall he provided as
�
appropriate,.
No changes to access are being prop sec , and the Applicant states tl at
since the project was proved under 2004Site flanDecision, It could not
pp
be appropriate or practical to provide access to adjoin properties.
001707 0;v4 Site Plan Review&Park ing Special Privies Memorandum Planning Baird
3. Driveways shall be located opposite each other wherever possible.
No changes to the Project's drivewaysand access onto Turnpike Street are
proposed.
, Joint access driveways between adjoining properties shall be
encouraged.
As depicted on the Site Plans, there are no practical opportunities for joint
access between adjoining properties.
51 Internal circulation and egress shall provide for traffic safety.
The
proposed parking facilities have been designed to promote efficient
on-site vehicular circulation, minimizing the number of direct connections
between arkir aisles and the main access driveways to Turnpike Street.
The proposed parking layout has also been designed to minimize
vehicular and pedestrian conflicts tl • ugh the construction of on-site
side calks and crosswalk con nections between parking fields and building
access points. Truck delivery operations have been designed to minimize
conflicts with both passenger car movements ent and pedestrian circulation to
he greatest extent practical. In summary, the proposed internal
circulation layout la been designed to minimize conflicts among cars,
trucks and pedestrians.
SToRMWAT R MANAGEMENT,
a minimum, all projects subject to site plan review shall comply with
the criteria, specifications, and performance standards of the most
recent version of Massachusetts Stormwater Management Standards
and accompanying Story water Management Handbook. The Lake
{ Cochichewick Watershed Area shall be considered a critical area in
{ terms of applicability of the standardst
f
f
No changes to Star mwater Management are being proposed. The Project
is not located within the Lake Cochichewick Watershed area.
k
k
F
Y
Y
Y
e
r
k
5]k
00170760;v4 Site Plan Review&Park in Special Perinits Memorandum -- Plann ing Board
k
IL
Projects subject to the bylaw shall also comply with the requirements
and criteria outlined in Articles VII through X of the Forth Andover
Stormwater Management and Erosion. control Regulations (chapter
o) promulgated under chapter 165 of the Town Bylaws (Stormwater
Management and Erosion Control Bylaw).
No changes to Stor water Management are being proposed or differ from
what was approved for the Property under 2004 Site Flan Decision.
, LANDSCAPE SIGNO
I. Landscape designs shall be developed based on soil, light and other slte-
s eeMe conditions. Plant species shall be chosen fortheir ability to thrive
In the post-development soil, water and use conditions of the site without
significant supplemental water or fertilizer, once established.
No cbanges to landscape design are being proposed or differ from what was
approved for the Property under 2004 Site Plan Decision.
, Plant species shall be native to inland Essex County or shall be crrltivars
of these native species.
No changes to landscape design are being proposed or differ from what
was approved for the Property under 2004 Site Plan Decision.
For the reasons described above and in the supporting documentation and Site
Plan described above, the Applicant respectfully requests the Board to vote to grant this
Modification to Site flan Approval of the Project as the Site Plan complies with all
current bylaw requirements of the Town, and the Site Plans have been submitted i
accordance with the regulations and procedures as outlined in this fart 3 and.
§ 195-
10.7A, Conditions for approval of special penult, as further described below.
v. PARKING SPECIAL PERMIT CRITERIA 1 -8,8,.
As more particularly shown n on the Site Plan and other information contained
within this Application, the Applicant is proposing to provide a total of 430 parking
spaces where a total of 498 parking spaces are projected to be required for the existing
and projected future uses in accordance with the § 1 5- . . "'Table of Off-Street Parking
Regulations"). The allocation of parking by use is depicted on the parking allocation
table provided in Exhibit G.
Accordingly, the Applicant is be requesting relief from certain parking standards
as authorized tinder § 195- . . of Chapter 195 as part of the Site Plan Review Special
Permit process, and described below. Specifically, § - . . A. of the Zoning Bylaw
0017 7 0;v4 Site Plan Review Parking Special Permits Memorandum -- Platining Board
9
provides that the Manning Board, as SPCA, may grant a special permit modifying
certain parking/loading standards of Fart 1 and/or Part 4,Screening and Landscaping
of Off-Street Parking Areas, but only in the specif is d rc u msta nces I isted. under
Subsection D below. The Applicant has filed this special permit application since
modifications to the parking space requirements, whether such relief is required to: a
modify parking and/or loading design standards § 195- . . . 2 if necessary;
(b) reduce parking based upon shared use of parking § 19 - . , ; c reduction in
parking arkin § '- .8. . ; or, to allow such other permissible parking adjustments as
provided uncle, § 1 -8. . .
Accordingly, the Applicant feels that a Special Permit resulting in a reduced
number of proposed parking spaces is appropriate given the parking dynamics that are
inherent in a mixed-use retail center that result in varying pear demands by time of day
that are specific to the various uses on the Property, and in conj-unction with a reduction
of parking ing spaces based upon projected rises, the parking#king at the Property ill not cause
detriment to the surrounding neighborhood since the proposed parking program for
the site will not increase tr#affic congestion or;queuing or otherwise result in unsafe
conflict of motor vehicle and pedestrian traffic, as further described in the Traffic
Memorandum attached hereto as Exhibit H..
A, Common Parking and Multiple Use Facilities § 1 -8.8.D
.(51
For the reasons described in the Traffic Memorandum, the reduction of
proposed ar#Rim is appropriate for the Project t since the hours, days, or peak parking
demands for, the uses are so different for the current and projected future uses at the
Property that a lower total will provide adequately for all .se or activities ser��ed b�
y
the aral ing facility, and that the location.of the arkin facilit in relation to the rises
l
proposed to be served by it is appropriate. he Project will involve a combination of
retail, restaurant, medical office and other uses on the Property, and many of the uses
will have varying peak parking demands over, the day. As described in the Traffic
Memorandum, the hours, days, or pear parking or loading demand for the uses are so
f different that the proposed number of Project spaces will provide adequately for all
uses or activities served by the parking facility, and the location of the parking facility
in relation to the rises proposed ro osed to be served by it is appropriate. Morespecifically, the
parking demand analysis contained within. the Traffic Memorandum supports the
for the reduced parking demand and. a parking reductioi .
proposal p g
ursuant to § 195--8.8.1 5) (b), a parking demand analysis has been prepared for
r ect and is attached to s Exhibit H. The analysis was performed erformed following the Project � g the
standards and methodologies of the Institute of Transportation Engineers (ITE) and the
Urban Land Institute I I for conducting parking demand studies, and has
demonstrated that the 3 parking spaces that are provided for the Project are sufficient
to sn ort the car#r�e t a r d xt r�e ter a cies, aid that the granting of a special permit for
ply
r 10017 7 0;v4 it .Fran Review Parking Special Pei� its i inai�ar� �x��� -- Pl ����in and
1
x
4
deviation from the parking requirements of§ 1 5- .4 will not cause a detriment to the
surrounding neighborhood, increase traffic congestion or queuing r otherwise result 1
unsafe conflict of motor vehicle and pedestrian traffic.
B. Reduction in Parking .
In addition to the connnon parking spaces noted above, the Applicant is proposing to
reduce the number of parking spaces from 1 to 430 parking spaces, representing
23.35% reduction of the total number of spaces otherwise required under the Table of
Parking Regulations where a reduction of up to 35 is allowed under* this
subparagraph. Based upon the projected parking.g usage and other information
contained within the Traffic Memorandum, the Applicant feels that such lessee{amount
of parking spaces is justified by theApplicant's parking demand analysis undertaker
pursuant to § 19 - . . that is attachedas Exhibit H. The parking demand
analysis demonstrates that the requested reduction in parking from 561 parking spaces
to 430 parking spaces a 23,3 % reduction in the number of required parking g spaces)
will not cause a detriment to the surrounding neighborhood, increase traffic congestion
or queuing or otherwise result in unsafe conflict of motor vehicle and pedestrian traffic.
Accordingly, based upon the Traffi Memorandum,, the Site Plans, and other;
inf ;m t o filed tl t o Board as part o this the proposed parking
hepurposes of off-street rkirgadjustme is identified abo%re are consistent with t
requirements under § 1 - .1. (Intent) since: the proposed parking will meet the
needs of persons employed at or making use of such structures; b maximize the
} efficiencies o parking facilities and uses; and, (c) promotes better site design through
p gi ,
the use o flexible parking standards. Moreover, and in addition to meeting the special
p �
permit criteria below, the proposed parking adjustments will not cause detriment to the
� p
f
surrounding neighborhood through increased traffic volumes, will not result i
increased congestion or; queuing since circulation will be enhanced through shared
parking and access points, and will not result in any unsafe conflict of motor vehicle
p �and pedestrian traffic. For these reasons, the Applicant respectfully requests the
Planning Board to vote to pp e requested rove the adjustments describe above,
parking
and p
depicted on the Site Plans as art of its Site Flan Review Decision,
k For these reasons, the Applicant respectfully requests the Planning Board rd to vote
to approve these parking adjustments described above or as they may be modified, as
p � �
part of its Modification to Site Plan Review Decision.
{ 17 ? ;� P� t f � .P ding Special P t���ii Memo tea ��c�t��t� �� Planning Board
V1. SPECIAL PERMIT APPROVAL CRITERIA I -10,l
Section 1 -1 o. A of the Zoning la provides that the Planning Board shall
not approve any such application for a Special Permits its unless it fiends that i its
judgment all h following conditionss r net, following lists the criteria under
1 - o, A 1 and how these criteria are met.
(a) The specifik site is an appropriate location for such a use, structure or
condition.
As the Property is zoned for commercial use in the General Business G
Zoning District, the Property is an appropriate location for the proposed
Project. The site design compli ents the surrounding uses and provides
for sufficient traffic, curb cut and circulation improvements, as well as
sufficient grater;, sewer and other utilities. Parking i . will also be adequate
to serve the proposed uses, based upon the operational history of the
Applicant's tenants at the Property.
(b) The use as developed will not adversely affect the neighborhood
character.
The Project has been operating for approximately 15 years, and the use
will not adversely affect the neighborhood for the reasons described in the
2004 Site Plan Decision. No changes proposed under the Application will
adversely affect neighborhood character. Accordingly, the proposed uses
are well suited for its proposed location,
(c) There will be no nuisance or serious hazard to vehicles or pedestrians.
accessing Turnpike Street will not be changed,han d., and are located
Drivewaysa �
to provide for, the best available sight distance along Osgood Street. The
parking and. loading have a �e been designed to .i 1� ize c r lict
and to maximize efficiency in layout leading to the design of safe and
efficient ingress to and egress from the Property for automobile, truck and
f pedestrian traffic. Further, the Traffic Memorandum has demonstrate
{ that the 430 parking spaces that are provided for the Project are sufficient
to support the current and future tenancies without creating a nuisance or
serious hazard to vehicles or pedestrians. For additional detail please refer
to Exhibit H.
gk
0170760;A)Sile Plan Review Parking Special Permits Memorandum Planning Board
2
r.
3
x
f
(d) Adequate and appropriate facilities will be provided for the proper
operation of the proposed use.
The Project is adequately and appropriately serviced by municipal watery,
sewer and other utilities that adequately address the reeds of the rto)eet.
No changes to these facilities are proposed.
(e) The use is in harmony with the general purpose and intent of this
Zoning Bylaw.
In addition to the reasons described herein and as shown or the Site Plan
and other information submitted as part of the site plan review o ess,
the proposed use is in harmony with the general purpose and intent o
this Zoning lave for the following reasons. First, the location of the
proposed Project is ideally suited for a variety of commercial uses within
the GB Zoning ]district to complement and build a critical al mass which is
imp or to the uture re e Selo ment of the Route 114 corridor in this
area of North Andover. Second, based upon the Applicant's experience
with similar facilities and as demonstrated it the Traffic Memorandum
(Exhibit ,the off-street parking g provided is adequate to serve the uses o
the Property in a safe and effective manner. Lastly, the Project, as shown
on the Site Plan, complies with the Zoning Bylaw. For these reasons, all of
the proposed improvements and enhancements noted herein are 1
harmony with the general purposes and intent of Section 1 "Purposes"
of the North Andover Zoning Bylaw.
V11. PROPOSED AMENDMENTS TO 2004 SITE PLAN CISION
As noted above the Applicant is requesting the Board to amend the 2004 Site
Plan Decision to allow for a more flexible and streamlined review process for new uses
that c o the Property. Specifically, Special Condition No. 6.f provides as follows:
J If the initiat applicant, or subsequent owners, successors or assigns,
s in the course of continued business operation, wish to open a restaurant(s)
that exceeds the 9,000 s.f. referenced in the approved plans as noted in
Condition No. 24, the applicant must, prior to attowing such restaurant(s)
toopen for business, submit reprised plans to the North Andover Planning
Board and North Andover Building Commissioner, demonstrating that
adequate additional parking exists n the site as defined in Section 8.1
of the North Andover Zoning Bytaw. If the Town Planner deems these
revisions to be substantial, as defined under Section . . , the applicant
must submit reprised plans to the Planning Board for approval.
0 1707 ;%,4 Site Plan vi Parking Special Pe���it 1 ��tor �t ��� -- Plan���ng 0arcl
k 13
I
Given the trends and changes to the uses in the retail plaza, the Applicant feels
that the Special Condition above should be modif ied to remove the,restaurant s uare
footage limitation, given that the Applicant has demonstrated that restaurant uses
collectively well in excess of 9,000 s,f. have operated successfully and without impacts
to the surrounding neighborhood and roadway y work. Moreover, lie competitive
nature of retail and restaurant users dictates that there needs to be a more flexible
method by which new uses may be approved administratively without the weed to
return the Planning Board when every new restaurant use arises. Instead, we feel
that adequate safeguards exist today to enable new uses to be made of the Property
y
upon a demonstration jade to the Building Inspector and Planning irector that
adequate parking exists on the site. Lastly, the last sentence of Condition 6J relating to
substantial revisions already exists under Condition No. 22 of the 2004 Site Flan
Decision. For these reasons, the Applicant respectfully requests the hoard to approved
the following modifications to Section 61 as follows;
an owner its successors or
assigns, in the course of continued business operation, wishes to open
restaurants) that collectiv exceeds 1,000 .f.
. . , the applicant must, prior to allowing such
new or expanded restaurants to open for business, submit revised plans to the
North Andover Planning Director and North Andover BuRding
Commissioner, demonstrating that adequate additional parking exists on the
site a�d� ine�in with reference to Part 1. off-Street Parking and
Load in_ of Article 8 of the North Andover Zoning By taw.a modified the
Modification of Site Plan Review Decision dated October o as
amended.
r. * i i , r
i2lapninaaaarcl for •
Such that ro used Con itio 1, as 'e rise , ro l read as follows;
J If an owner, its successors or assigns, in the course of continued business
o eration, wishes to open a restaurants) that cot lectivel r exceeds 2 1,000 s.f.,
the applicant must, prior o alto grin such new or expanded restaurant(s) to
pp
open for business, submit revised plans to the North Andover Planning Director
and north Andover Building Commissioner, demonstrating that adequate
additional parking exists on the site with reference to Part 1. (off-Street
Parking and Loading) of Article 8 of the North Andover Zoning Bylaw.as
modified by the Modification o �r Site Plan Review Decision, dated October
2020, as amended.
k
Y
Y.
0017 760;v4)Site Plan Review&Parking Special Permits Mem orandum -- Planning hard
1
v 111. RE"UEST FOR,APPROVAL
V
For the above,reasons, Linear respectfully, requests that the Planning Board make
the required findings,and conditions with regard to the Project described under: Article
8, Part,4 [sAe plan revwwj- Article 8, Part 1, § 195-8.8. [parking special permi"t]; and,
ArtIcIe '101, § 195-10,.7A [special., permit - general], of'Chaptor 195, and grant the
Applicant's req,uestfor a Modification to Site Plan Review Special Permit, including a
Parking Special Permit, and by including the proposed, modification to Condition 61of
the 200�4 Site, Plan 'Decision, for the Project.
Respectfully submitted,
Linear Retail North Andover #1 LLC
By its,attorneys,,
o
Joel,T. Smolak, Esq.
Smolak & Vaughan LLP
East Mill" '21 High Street,, Suite 301
North And,over, Massachusetts 01845
Tel. (978) 3127-521,51
Fax (978), 327-52191
List of Exhibits
A Certified Ahulters, List
B Authorization
C Deed
D 20014 Site Plan Decil's1*0111,
E 2011 Waiver Deciston
F 2020 insubstantial Change Detennination
G k'n Pat- 1 ,g Allocation Table
H Traffic Memorandum
Site Plan
(0101 70760;N,,4)Site Plan Revie",&Parking Special Permit s Metniorandum. -- Planning Board
15
r
r
EXHIBIT A
CERTIFIED ABUTTERS LISTS
0 Town of Noaf .Andover
Town of Andover
City of Lawrence
'r
Ii
}
r
c
s
r
I
I
OOI7 76 ;v3}Site Plan Review&.Parking Special Pei it Memorandum -- Pl���r�in Board
1
1
a T
f
I
{
i
Abu fer fo Abutter rBuTlding Dept. { Conservation aZonIng
`own of North Andover
Abusrs Listre
tales art TorUas in Interest as used in this chapter sh l man€h ottdonw,
#7BQI�4� fBT. �.4oA, eetfer��i s � P �
a#2tars,o'tiers of lead c o y opposlto on any pu is or private way,a ri abutters to obuttere vAWn
Ivee hundred(300)feel of the prop ody Me or tho poUlonar as May a far on ft mst raceni applicable
fax Isk not vA lhstanft that the land of any such owner Is WaWd in moth or coy or tam,the planntog
board of the city or town,and the pia nrdng board of every abuftq dty or 1wW
F
4 16 Unear ReIPU Norfh Andover 5 Burlington Woods Drive##107,Burlington MA 01803 �
porperly Location: 1 7 rurnpike Street,North Andover,MA 01845
butlers,Progertles �
WT2 Parcet's hLarrreAddres-s-
23
15 !'ouriney Crompton 19 Enfield Str t,North Andover,MA 01 45
3 19 Erna Spinelli 154 Cotult Street, Forth Andover,MA 01845
23 0 chadotte Acre 174 COO Street, North Andover,MA 01845 �
3 29 Malkelt G111 32 Tu mpl ke Street,North Andover,MA 0 184 5
23 38 Made Augistin 38 Tu rnpl ke Street,North Andover,MA 01845
23 1 Graydon Mo orr lck 72 Tumpike Street,North Andover,MA 018 45
l enKith Meuse 4 8 Turnpike Street,Noith And over,MA 01845
r 23 33Wend F e rri c 18 Dartmouth Street,Nod Andover,MA 01845 4
23 4 Bryan Rickel on 56 Turn pIke Street,forth Andover,MA 01 45
23 5 Patdcla Earns 66 Tur Vike Street,forth Andover,MA 01 45
23 5&59 Debroah Defeudis 78 Tu mplice Street,North Andover,MA 01845
23 37" Flkret Attunllio 86 Tu pike Street,North Andover,MA 81845
23 39 Isbal Torres 28 Turnpike Street,North Andover,MA 01845 �
23 85-18 Robert Trulli 18 Enfield St et,north Andover,MA 0164523
s
G
85- 8 ltchoia tar rinar no 0 Enfield Street,North Andover,MA 46
2
4 14 Lawrence Eagle Tribune Really do C i LL , Ey1 Monroe Street 3468,MOrtt�o[i�er ,AL 3 1�� �
4 15 Northmark Bank 89 Turn pike Street,North Andover,MA 01845
4 16,&20 merdmack College 316 Turnpike Street,North Andovor,MA 0 184 5 �
4 19 SengAn Eg 21 Branch Street 04,Lowell,MA 01 54 �
4 21 Peters Street Assoclates L LC PO Box 3099,Andover,lA 0 181
24 22 V011am Dryer 201 Turnpike Street,North Andover,MA 0 184 5 �
4 87 North Andover Ventures g 90 Washington Street# 1 ,Dedham,MA 02026 �
4 82 Peters Street Really Trust do CVS##01 3 -02,1 CVS Ddve,Woonsocket,ICI 02 95 G
7 16 North Andover OPI 1 LLC 235Moore Street,Hackensack,NJ 07601
Town of Andover Andover Town Hall 36 Barbell Street,Andover,MA 0 18 10
City of Lawrence Lawrence City Hall 200 Comrnan Street,Lawrence MA 01 48
a
r
Abu fter lis t created Sep(ember 1 ,2020 By.,Sam uet G.Ch ene ,,Jr AssisIsant Assessor,Town of North Andover
This C
E
3
I
i
r
• Z
records
f this A9 o896s
5
II
C fled '
i
e
e
i
2
3
3
i
a
r
r
S
I
List ofowner's to receive Notice
ghan LLP
Petitioner, John Sm,olak, Smo�lak Vau
Mailing Address: 21 High Street,Sutie 301 N Andover MA 0 1845
Site Address. 127 Tumpike Street'North Andover 5
List all owners,within Three Hundred(300)feet of t1he,sits
Assessors,
Map Lot Owner Mailtug Address
11803
Site: Linear Retail,N,A W 1 5 Burlington'Woods Dr Burlington M'A 10
iltoin LLC
Abutters: 1 TGM Andover Park LD do Fl
1, N Lasalle Street Ste 2100 Chicago IL 60602
2 1 COT Lawrence LLC do Neville Companies,
30 Kimball Avenue Suitelol
South Burlington VT 05 3
2 IA CORT Lawrence'LLC do Property Admm" I"stration
1,4103, Denver West P n C,O 804,01
.................
For Tax Assessor's Use Only
Accordling to our,records ofthis date,certified by the City of Lawrence Board of Assessors.This review' based upon our existing
panel maps,which are compiled for,assessing putposes In therefore,they are not drawn to survey accuracy for conveyances.This
certification does not include any recent transfers of own that have not,been recei d by the assessor's office., Every effort has
been made,to maintain these records, le y rep uilrend
Tax ss sor,'s Signartur Tiie
r
Type Name and Title
of.,
Up do ted 021-06-2017
IVY,.
B d-'ARD Ar" A&-NE Ar'll"Ro'
m
TOWN OFF
36 BA,RTLET ST
ANDOVER, MA 01810
id Ill 978-621-8930
BOARD OF ASSESSORS,
CERTIFICATION
PETITION
,,,
hereby certify the attached list of abutters s they currently appear on the Assessors' O " e records.
I low
av id
Chief Assessor
u
r
I I
207 HIGH ST 102 170 HAVERHILL ST 114 130114 170 HAVERHILL ST 125 0125
LUC: 1 o1 LUC: 102 LUC: 102
TOKAREV ARTEM 170,HAVERHILL STREET ITT SCOLNIK LOUIS
TOKAREVA OLENATEPERKINS S NANCY TIC FERNANI DS SANDRA,0 JT
7 HI H ST 170 HAVERHILL ITT UNIT 114 170 HAVERHILL ST UNIT 126
ANDOVER, MA 01810N E , MA 01610ANDOVER, MA 018,10
164 HAVERHILL ST 102D HER1-II_I...
LL ST 116 130115 17 .,..." RI-IIILL S "126 13 0126
LUC: 1 ol LUC: 102 LUC: 102
MANIAR T P N I H LEE YOUNG,AN CIOCCAMICHELA S
MANIAR KUNTALBEN T T'E LEE LEE JT 1701 HAVERHILL,ST UNIT 128
1,164 HAVEkHILL T 170 HAVERHILL ST UNIT 11 1 ANDOVE , MA 01810
HAVERHILL168 ST 10;'E 170 HAVERHILL SIT 11 130116 170
_HAVERHILL SIT 127
rw 3 0127
LUC: 101, LUC: 1 LUC* 1102
GGARW L VINOD COTTONEREALTY'"TRUST DOUCETTE,MI HELL .
WALLA HII'MITT N 'I CENT+LINDA TICS 170 HAVERHILL ST LIMIT 127
166,HAVERHILL ST 170 HAVIERHILL ST UNIT 116 ANDOVER, MA 101810
HAVERHILL S "117 13 0117 1170 HAVER 11.L ST 128
..130128
LUC4. oig LUC: 102
LUC 10
ANDOVER COMMUNITY TRUST NIA'I A NNE N 1 GUERRERO MIRE '
PO BOX 3 170 HAVERHILL ST UNIT 117 170 HAVERHILL DILL ST LIMIT 1120
209 HIGH�f 102G i7b IA HItL6 11 118 00, HAVERHILL ST12b �e.il 020...........
...,,
LUC: 131 LL1 4* 1 LUC; t02
HIGHVIEW LLB TT SHERMAN DEBRAPRIVITE1A PATRICIA N4
16011 MAIN ST UNIT 47 170 HAVERHILL ST UNIT 118 17 'HAVE 'HILL ST LIMIT 120
TEWKSBURY, MA 018761"DOVEF, MA 01810I'D I , MA 01810
1,70 HAVERHILL T 11119 130,110 �, 116 HAVERHILL ST.13 13 01'31'm.
CIOAC
1 III I"�+II9I1I1I " 'L ITILI1 S ' E IrIIIL I.IT
17 -174 HAVERHILL 170 HAVEHILL ST LIMIT 119 SCAL SE NICKLAS+NANCY T S
NDOVEI 1810 NDOVE , 01810 170 HAVERHILL ST i1.NIT 131
.. 1HILL ST 11 13 01,21 170 HAVERHILL ST 132 13 0132 _..
BROTHERS I= a HERMITS SOONG REALTY'TRUST GLADE I 1 DOYLE REV TRUST
OF ST AUGUSTINE, SOONG MING LILY I DOYLE CLARE 1 i TR
111 PETERS ST 170 HAVERHILL,ST UNIT 1 l 170,HAVERHILL,ST MIT 132
170 HAVERHILL ST',I 1 13 0111 17 HAVERHILL ST 122 1,30122 11710 HAVERHILL STA33 130133
LUC: 102
LUC: 102 LUC: 102
CARAGLIA HAVERHILL 111 II T MCLEOD VIRGINIAW CARUSI° INCE T
CARA,GLIA NICH LAS T1 170 HAVERHILL ST UNI'T 122 CARUSI REGINA MJE
170 HAVERHILL ST LIMIT 111 AID DOVE , MA 011 110 17'0 HAVERHILL ST#1 3
N1IT, MA 0,1810
lio HA\(tA IIiLL tf'11 13 0112 ilo H RHILL ST 123 130,123 A 1,70 HAV,ERHILL SIT 134, _1 . a
._..
...............
LUC: 102 LUC: 102
LUC: 1102
PAT ICE SUMUKH N FLYNN DANIEL ONE-70 HAVERHILL ST#1 4 MITT
I'RADHA►,I ARCHANA TE 170 HAVERHILL ST'UNIT 123 GILIFF IAA,MARIA F
6,913 BAIRD `T ANDOVER, MA, 01810170,HAVERHILL ST UNIT"I 34
170 HAVERHILL ST 113 110 HAVERHILL ST 124 13 0124170. IiAVERHILL ST"1 1310,135
_.
LUC LUG 1 2
FROB,U TG DA IN W' GARWAL VINEET MARILYN LUMSAC1 DECLARATION
1710 HAVERHILL ST LINIT 113 AGE,W L ISI-I' T'E OF"TRUST DATED,MARCH 1;1,2016
170 HAVERHILL ST UNIT 14 170 H11.11LL ST UNIT 135
i
i
I
r
OPENS=
mmmmmml�
u
17 ' i4H'ILL ST136 1 iol3o 172 HAVERHILL ST 217 3 � '172 HAVERHILL ST 22,8 1
LUC: 1,02 LUC 12 LUC: 102
WANG WESTON LENNOX DANIEL R DIMITROVA VALENTINAI
WANE SILl SHAN J'T 172 HAVERHILL ST LIMIT 217' 172 HAVERHILL ST LIMIT"228
1
HAVERHILL, T'13" 13 013'7 1.'72 HAVERHILL ST 2 18 130218 '172' HAVERHILL ST 229 1
LAIC: 1 LUC: 110LUC: 11021,
FERRANTE ONE FAMILY TRUST KATRAGADDA SITIIAI 1-I C+ ILY REALTY TRUST
FED MITE I CI L T 172 HAVERHILL ST I�II'�+IIT 21 ILA I �I �I�LL �I�IH TRS
'1446 MAIN ST ANDOVER, MA, 0118110172 HAVERHILL ST UNIT 220
T WI S CART, MA 01876NDOVER, MA 01810
70
HAVERHILL 1 13 1HAVERHILL 219 21 _.. _. 1 "" ERHILL EMT` 1 " _...._..
ENO REVOC TRUST T WLE 'DAVI1,R DACOSTAREALTY TRUST
I ST
KANG JEANETTE T TR T 'LE ,I +M J ' EDWARDS DEANA TIT
170 HAVERHILL ST LIMIT 136 172 HAVERHILL ST UNIT 219 172 HAVERHILL,ST EDIT 231
lid I-I " EI MILL ST 1, ,3 1
1 '-72- HAVEAWILLSTM 13 0221 17 1H VER ILL_ST 232 __. -1
LIB 102 LUC.' 1,02 LUC: 1012
SUNOO BENJAMINAL FAMILY TRUST SPRAGUE DAVID,T
"SOON HEEJIN JT BAKER JOANNE TR SPRAGUE EVEL "N A
170 HAVERHILL,ST UNIT 139 SEASAGE DR UNIT 801 1,72 HAVERHILL ST UNIT 232
NDOVE , MA 01810 DELRAYBEACH, FL NDOVE ., MA 01810
1�`2 HAVERHILL St 211 1 ""11 1`2 HAVERHILL ST" 1 2 -� _._.. ' " HAVERHILL ST 2 - .1 --
LUC:
102 LUC: 1,02 LUC: 102
1HAVERHILL ST LIMIT 211 RT C A III IMANE 1NNESE
CARTER ROBE T I,TR 172 HAVERHILL ST LIMIT 222 HENNESSY L UIS A SIT
172 HAVERHILL ST LIMIT 211 ANDOVER, MA 01810172 HAVERHILL ST MIT 233
ND OVE R, MA 01810III' " ,, MA 01810
172 HM(8RHILLST21 130212172 HAVERHILL,ST 22'3 13 0223 -172- "HAVERHILL ST 234, 1 3
JU'I ITIH A" IV,ENZI ,REVOC TRUST COULD TED M DICKINSON RICHARD,
VIVENZIO,JUDITH A TR 172 HAVERHILL ST UNIT 223 DICKINSONPANDORA TE
11 APPLEDORE LN ANDOVE T, MA 01,810BOX I'
NORTH ANDOVER, IA 01846 SOUTHPORT, ME 04,676,
02 PINVERHILLST20130213 172 HAVERHILLST 221 130224 1 "" _-: " ILL T ._ _._.___..�I ..-------
LUC: 1 LIB 1
LUC: 102
DELL-R SS PATRICIA J GOLDBERG T NAJ SALVATORE FSTRAMONDO FT
172 HAVERHILL ST UNIT 213 172 HAVERHILL ST UNIT 224 STRAMONDO SALVATORE 1=TIT
NDOV' R, MA 01810NDOVE T, MA 101810, 172 HAVERHILL ST UNIT 236,
NDOVER, MA 101810
1,72 RIHI!LL ST 214 130214 172 HAVERHILL,ST 226 13 022572 HAVERHILL ST 236 1 30236
LUC: 102 LUC: 102
LUC: 102
GUTHTIE LINDA,J WIWAM E I EL HN FAMLYTRUST ARSENAULT VALERIE V
112 HAVERHILL ST'UNIT 2114 MEL IHN WILLIAM E,T'R 172 HAVERHILL'ST MIT 236
NDOV , MA 018,10 17 HAVERHILL ST LIMIT"2,26 ANDOVER, MA 0,1810
172 HAVERHILL ST215 130216 172 IH VERHILL ST" ...w T 172 IH VER HILL ST 237 1310237
_.m.
LUC 102 LUC: 102 LUC: 10.E
TH�IRTY-3'HOUSTOiN S OCLATES M RI ISON WILLIAM A MYERS CH ISTIN I TIS
FRIED ' L S MEL TRS MOR ISON" IRGIN'I 'H TE 172 HAVERHILL ERHIL!L ST LIMIT 2,37
1 ,CENTRAL,' T '172 HAVERHILL ST LINIT"
ANDOVER, i 181 NDOVEI , MA, 01810,
172 HAVEI IHIL ST 1 ' 13 0 1 ` 172 HAVERHILL ST 227 130227.. . 172 HAVERHILL-ST" ._._. 1
LUC: 102
AID' 'ELL P UL, LOPEZ JOSE M FLI G L UELLEN LE
CAMPBELL CYNTHIA D TE DI AZ,, LG DUQUE T 1=L'GG DAVID P LE
` 172 HAVERHILL,ST UNIT'216 172 HAVERHILL ST UNIT 227 1,72 HAVERHILL ST UNIT 238
w.
NONNI
1 i
r 1
f
HAVERHILL ST 321 13 0,321174 HAVERHILL S, ry__
LUC: 1,02 LUC 102 LUC: 102,
172 HAVERHILL ST UNIT 239 NA,GDA HEENA TE 174 HAVERHILL ST UNIT 332
N DOVER 01810
174 HAVERHILL ST 311_ 1 1.74...N'-I " EIHIILL S "32
. .,. 130322 174 HAVERHILL ST
UC' PH CRAIG NIEDZWIECKI BLANCHE F VINAYAGAMOORTHY N
1? HAVERHILL HNLL T UNIT 11 D LE N+�I I M L " SH N�XIAOR N G JT
E , MA 01810 1 174 HAVERHILL ST UNIT 322 174 HAVERHILL ST UNIT 333,
ANDOVER. MA 01810N IS I, MA 01810
174 .. E HILL ST 3112 130312 1174 .HAVERHILL ST 2 C.. 130,323 174 HAVERHILL ERHILL
LC. 1 LC, 102
NULL REVOCABLE"TRUST NCI I S ELLEN G 1 MCGOVEHN CORNELIUS J J
LAMBERT KAREN L TR 17'4 HAVERHILL,ST UNFIT 3123 MCGOVERN ANN NON TE
1 ' HAVERHILL ST 1 N� � � 1 1 17 HAVERHILL ST N,�NIT 334
1714 HAVERHILL ST313 13 0313 174 MILL S " 1 ! 1 �I HAVERHILL 1 3 03'36
LUC: 102 LUC: 1,02 LUC: 102
174,HAVERHILL ERHILL ST 174 HAVERHILL STUNIT 32,4 174 HAVERHILL,ST UNFIT 335,
AN
ANDOVER, MA 010,0 I I ,
1�' HAVERHILL ST 31 13 ' '14 1�' V�AHJLL St 11 1 y m�N HALL ST _.__._...� —;1 U 35.
LUC: 102 LUC: 102 L : 102
174 HAVERHILL T UINIT314 W L G N G DIANE E TE 174 HAVE HILiL ST U NIT 3136,
NDOVER, MA 0181017 IRHILLST UNIT 325 ANDOVER,, MA 01810
AND,O EH, MA 0181
174 HAVERHILL ST 316 13 03`16174 HAVERHILL ST 1 4 174 HAVERHILL ST337. �. _..T - 7...._ _.
KWAN HEALTH TRUST HAYNES I I N E K LE BURKEMARILYN
►N+KWAN THS 174 HAVERHILL ST UNIT 326, 174 HAVERHILL ST UNFIT 337
1'�4 HAVERHILL ST 316 130316 174 HAVIERHILL Sir W '13 O 2 17 VE HILL ST 3318
LUC 102 LUC: 102 102
PIERCE RACHEL HOME WOOD J!U ITH ET S+M REALTYTRUST
1,74 HAVERHILL ST UNIT 316 174 HAVERHILL ST UNIT 327 WICKER SIDNEY+MARItyN TNTS
AND OVER,,, 01810,, NCI I, MA 0,1810174 HAVERHILLST UNIT 338
ANDOVER, MA 01610
174 'HAVERHILL' t 317 13 0317 174 HAVERHILL 6 'OU 1 32
LUC: 102 LUC: 10211
'MARKS ANN SI' SHI FAMILY TRUST
174 HAVE RHILL ST UNIT 317 AWLEY" C `T+DOUGL S THS
NORTH ANDOVER, MA 01845
174 HAVERHILL ST 318 130,318 1114 HAVERHILL ST 320 13 032
LUC: 102
LUC: 102
LACROIX;USAN NCI PARK JUNG SUN LE
174 HAVERHILL ST UNFIT 318 174,HAVERHILL ST UNIT 320
114 I-AV" A ILL 8T 01 l 130319 174 SHILL ST 331 130331
LUC: 102 LUC: 102
CH NG CIAO, HILLSIDE REALT Y TRUST"
j CHENa1 YU TE SCHNEIDER DA I TNT
1 HAVERHILL T UNIT 1' HAVERHILL ST UNIT 331
EXHIBIT B
OWNER AUTHORIZATION
00
I
s
aF
n
f
17 ' it Plan c�c � :Par:ing Special Pcmit Iv emorandui �- Plan itig Bard
1
1
f
i
ti
F
f
AUTHORIZATION
t
27 Turnpike street, North Andover, Massachusetts
(Assessor's Map 24, Lots 16, consistingof 13.29 acre
(collectively, the "Property")
, G�v duly authorized agent of Linear Retail North
Andover ##1 having a place of business co Linear Retail Properties,
Inc., 5 Burlington 'moods Drive, Ste. 107, Burlington, CIA 01803
("Linear") hereby authorizes: Smolak & Vaughan LLB', and Vanasse
Associates Inc. to submit any and all applications and supporting
information, to appear and testify before, and to represent Linear, in
connection with Linear's request for approvals before the Town of North
Andover and/or in connection any other permits, approvals, or consents
necessary or desirable In connection with the use and development of the
proposed project on the Property.
Dated: September 14, 2020
E Linear Retail North Andover #1 LLC
y
Name:
Its: V?,
f 00170764;v2l
EXHIBIT C
DEED
01 70760;v3)Si(e Plan view&PuUig Special Pennits M et randum Planning Board 18
k
After rocordit lease return to: Bk 14258
Lerner& Holmes PC 40P
Two Center Plaza, Suite 415 MASSACHUSETTS STATE
EXCISE TAX
Boston,MA 02108 Essex Nor th Re 9 i st r 9
Attn: Daniel P. Holmes, Esq. Datel
C;tlxb
ro
Darn: 13781
Fee: $156080voo Cons: $349250,000.00
DEED
laglerood Properties, LLC, a Massachusetts Limited Liability Company,having a mailing
address of P.0.Box 33 ',Tops field, MA o 198 3 ('Grantor"
For consideration paid and in full consideration of Thirty-Four Million Two Hundred Fifty
`thousand and 00 1 $34,2 O,000.00 dollars
Grants to Linear Retail North Andover#l LLC, a Massachusetts Limited Liability Company,
having a mailing address of Five Burlington Woods Drive, Burlington, MA 01803
with QUITCLAIM COVENANTS
that certain laud located in the Town of North Andover,County of Essex forth,Commonwealth
of Massachusetts known as 127 Tumpike Street, more particularly de c bed on Exhibit
attached hereto and incorporated herein by reference,together with all improvements located on
such lard and all rights, and appurtenances benefiting such land and the improvements thereon.
Being the same premises conveyed to the Grantor by Deed of Irving E. Rogers,III,Walter E.
Rogers and Stephen H, Rogers as Trustees of Lawrence-Eagle Tribune Realty Trust dated
., September 9,2004,recorded with the Essex North District Registry of Deeds in Book 9113,
Page 143.
Said premises are conveyed subject to and with the benefit o , as the ease may be, all rights,
restrictions, covenants,oenans, easements and reservations of record, if any, all insofar as the sac may
e now in force and applicable, and further subject to real estate takes assessed for the current
fiscal year, but not yeti due and payable,which the grantee, by acceptance hereof, hereby assumes
and agrees to pay.
Grantor is not classified as a corporation for federal income tax purposes for the current taxable
year.
This conveyance does not constitute a transfer of all or substantially all of the assets of the Grantor
located in Massachusetts.
[Signatures on following page]
k 14258 Pg109 #13781
r
EXECUTED a f the I`aayof
y � .
Eerood Properties,LLC
y;
PD/. Manuin, ger
y.
,
J&V. Allyn aged`
COMMONWEALTH of MASSACHUSET S
Middlesex,ss,
On this day o7/-/vve2015, before me,the undersigned notary public,
personally appeared.Ross J. Hamlin and John W.Allyn,Jr.,proved to me through satisfactory
evI
deie ofea 'eatr vie consisted of a dateDriver's the persons
nwmes are signed on the preceding document,and acknowledged to me that they signed it
voluntarily for its stated pose as Managers of Baglewood Properties, LLC
NMOY CiSWEENEY
Tyr I� y C, ' veeney,Notrubl
�
o + � �My Owm ROW Feb.27s 2M co
NOTARY
Expires:Feb 202
{
f
eBk 14258110 #13781
EXHIBIT A
Parcel� e
The parcel of land in North Andover, Essex County, Massachusetts being shown as `'Area In
North Andover= 12.51 ." on a plan entitled "Plan of Laud in Andover&North Andover, Mass.
Owned By Dardel J. & Katherine B. Conn lly" dated Marcia, 1966 prepared by Storer
Associates and recorded with Essex North District Registry of Deeds in Book 1057, Page 482 as
Plan 5 65, and being more particularly bounded and described as follows:
Northwesterly resterly by Waverly Road, 193.57 feet;
Northerly by lard now or formerly of Dante L. &Pauline T. Stabile, 301.72 feet;
Westerly by said land now or formerly of Dante L. & Pauline T. Stabile and land
now or for erly of George H. and Marie E, Perron,60.00 feet;
Northerly by land now or formerly of James F. and Ruth M. Long and land now or
formerly of Michael J. and Mary H, Clifford,323.05 feet,
Northeasterly by Salem Turnpike,202.05 feet;
Southeasterly, s
Northeasterly and
Northwesterly by Lot "A" as shorn on said plan, in three courses, 250.00 feed 200.00
feet,and 252.24 feet, respectively;
Northeasterly by Salem Turnpike,a ong a curve,645.19 feet;
Southeasterly,
Northeasterly and
Northwesterly by Lot "B" as shown on said plan, in three courses, 252..07 feet, 150-00
feet,and 250.00 feet,respectively;
Nrtbesterly by Salem Tumike, 313.42 feet;
Southeasterly by lard now or formerly of Frands A. and Katherine G. Holmes,es, 150.76
feet;
Southwesterly,
Southeasterly and
Southwesterly by laud now or formerly of The Augustinian College of Merrimack
Valley, 109.50 feet, 153.80 feet and 89.97 feet more or less; and
14258 PgII11
Southwesterly by lard shown as `Lot A" and "Remaining Area'' on Subdivision Plan of
Land in Andover, MA recorded with said Deeds as Plan No. 13322, in two
courses 1102.1 o feet and 257.32 feet,
Parcel Two
That certain parcel of land shown as Lot B on a plan entitled "Plan n of Land in Andover&North
Andover, Mass. Owned By Daniel J. & Katherine B. Connelly" dated March 1966 prepared by
Stover Associates and recorded with Essex North District Registry of feeds in Book 1057,Page
482 as Plan#5465, and being more particularly bounded and desorib d as follows:
Northeasterly by Tumpi e Street or Salem Turnpike, so-Bailed, one hundred fifty and
03 00 50.0 feet, more or less as shown on said plan;
Northwesterly by land'now or fonnerly of Cataldo, two hundred fifty-three and07/100
(253.07)feet,more or less as shown on said play;
Southwesterly by other land now or fornnerly of said Cataldo, one hundred fifty 15 0
feet,more or less as shown on said plan;and
Southeasterly by other land now or fonnerly of said Cataldo, two hundred fifty 250
feet,more or less as shown on said plan-,
Parcel Three
That eerWn parcel of land in North Andover, Essex County, Massachusetts being shown as Lot
13 on a plan entitled "'Plan of Land in North Andover MA owned by Joseph F. Kelley, dated
April 20, 1955 by Ralph B. Brasseur, C.E." recorded with Essex Norffi District Registry of
Deeds as Plan No. 3001, and being more particularly bounded and described as follows:
Northeasterly by Salem Turnpike (State Highway) one hundred twenty-tiro and 00
22. feet;
Southerly by land now or formerly of Connelly, as shown on said plan, two hundred
seventy-six and 7 1 (276.76)feet,,and
Northwesterly by Lot 11,on said plan,two hundred forty-eight 24 . 0 feet,
Containing 15,235 square feet of land, more or less, according to said plan, excluding seven
hundred sixty 7 0 square feet as taken by the Commonwealth of Maswchusetts by Instrment
recorded with said feeds n Book 2962,Wage 265.
5
EXHIBIT
2004 SITE PLAN DE CISI N
--
OO 1?070;v it Plan Review .Parking Special Permits Memorandum Planning Board
9
s
f
f
a
BK 9 110 PG 323
Town of North Andover
IV j
-YCEce of#te Plaming,Department • 4
w'
. Development and Services r
TH ;
27 Charles Stmet i
�AM ,M�►� us
b .
lepom 978 W35
Fax 78 6M9W
Notleg Of Dedslon
, �shA be eta
Wl�. � True O"y
Date of flftg 00� � tv
Im the Offlte of-the Town TOM, Perk
Clerk
Wit 2M
Deft-of RWrhW,, 000' er=p 2W3
November ,2 00N�
WSo Doqe&beir 2,20630 Dwmber
16*203m January 20,2M,
Febmary 3,'20W(det_.b* ion)
r t,
Oft E* wwd Properd .LLCPOBox 337.' o ld,MA 01983
fir• }*
Pr Affe td,& We 114 Map 24 Phis 164 1 27 Pamel22
•r.t r�
41467 r..
Refer ng to the above p4tion for a Site Plan Raw Special Wit. Thedetennhted tO 1"�OWRPI"And wM de mviewed In
coor.dauco wfththe8"66
.3 10.E and 10.31 of the Town of Nor&Andover Zoning law and MGM cAAt sft'`
80 08 tO aft ' IU Onstmetion of a , 60 squpm foot
bufl(hng of mtW spW and re umm
paca and a smi ted Whiles,grarUng,parldng,landwapkq and stormwater
augemwt structum,
A$Wr a pubUc bmft
-given-on_*0 obove datAN ft pU
a"y6jed.to AMOV
} the S e Plan Review ,Pe� �� � �
-thy 04 0M 1 .�
• "
{ C t, App
FAglaftr f f• J i
0 G y
Outters
onbob of:
f DPW
f Alamo
Bufldhag DeparWmW
Georp M%fte,Vice thainam
Conservadon Deparbuent FeIlPe Schwa Clerk
Huth Depwiment
ZDA
t.
Ricer Nqrdega
'anus Phb �Aerate-member
a _.__ VAP.+yy k•FM-`'r#iywrf* ...+..r...•...�..... ., +. .•.�. • -•
}
X i
BK 9110 PG 324
b Pisn twl&w olSpa4ej P*Iuqt
E" GOd Sh"s ow OW* %
The Playing BoW horeln aWmM th •$pw#j PeMWMe l hwfor ft OwmAwflon of
77s5OO square fog of rei ate.- nd A.O sp�a4p. TKO i irk 4M 10.0dt0d 1A the
Genet sIn Zorn i t at�a n Nt� # efs ► `, �,
el
This S� was rOWN" V BOO WOOd PMPOW C,PQ. Bic 331,TOWW* MA
01 , the ownem of tt land k'9 the L&wMqO9 E40 T Wn sky Trust, 100 TumpIke
StrOet, North Andover, MA 01 W. ThIs ap W n was t d w� the f nho Ord on
840 rnber 19, 2003, The aWkant s b ltted a complete appftWn Wfth was rimed and
reviewed In amr awe wfth Seaftis 8,3t t . ,and 10.31 of the Town of North mover ZonIng
Bylaw and MOL c,40 see,
The fining Bowd des the Wowh t ndirp as mq hd by the NOM Andovor Zw n
14WO Seoffoe 8,3 aOd 10. .
FIIYCNNQS OF FACT:
.+O%
appu*ft- ap ft fs 1
d In the GenerW,, The qxywfflc aft Is �n
to joes*n for 1he prq9O
us e s � and lmo "' Vw ��� # � �. vAlbin � zonw,
sp"c y tt aml laugoes W1ct$W h both WO-olom And:wholesale vWres, as
we)l as"refturantp,dInling mdm or kmii room". 'W,1. ond 4,1 1*5 of the Town
of Forth Andover Zones Se w. nY WRO m om.at thO May 12, 2003 North
Andover dual Town Meeting froM'Resklentlsl 4 to OertMI Buefnm, A oopy of the
approval from the Attomey Ganamri Qfflw dated July 1 , OM is on ffie at the North
Andaver Planning. DepWment as. w8 " the W- O ft of PfOtOWW nte,
ndi ons and Restrictior s wed at the Essex North r Rotary ofDoeds as Elook 7ID20P
Page 332,
2. The use as deveio�d wig not advarsoy a aO than i �� as a 801 t buffer has
been 'oMsd. AW RW*W- O �rlirt. 00- On thW, 9W V*d* OWne
ood
��, �� potty� e # �
a, - wee iar�
,:.- - � i #� � provided
aroundtert� -
The MdWAPin Nw been placed so as t
allow ft e ms .storm wall to remidn,as welt as to acomrnodate 4 proposed stone wall
entry features tit are cons s t wfth the exlftg stone waH arid,In,scooftme nth the
1arKk=p1ng and she pkns refererxed in Cond1don#2 ;
AWL
There WD ba 27 Octob&Glory f e#MR&ode Trw . "In
CalWer,ks well as i Sweetgum Shade Tree . -W in col per,
The omsmimtef trees ir*Wude I 1 thous =Mpur
t haWftM ova t trees 8*11W in helght'S clump show domkobe trans
r f h ht aid re kousa
} dogwood try 8-1W In let.
t
s Them WH be SAwdftn Pine'gees,&6'in halght.
FInally, a large amount of shrubbery has been Opersd b"en
to shade, OmamentW and cmiter trees that Includes i2 hick's yew -V i
height, 84 shames Inkbarry shrubs 24-30't In height, and 32 Whop waterer
epiraea 1 - "`In height. y
ids t �t care has b"n ken carefully screen all
be y kit the peed development.
1. eo �lyt 1 � # aOjao o e res el prop"
��contain a for 617 whit :p1ne tram, 7.,81 in he as 1 w i
One tress 1 T in 4tght. In adcrithq, there w111 be 3 clu
mp e#adbi v
r sa terry triaS 1 D4 V 11h hefght, Norway Spruoe tmos t Oal Ev In helght,and 10
tW an Pine tress Swel In hstght,.In sum pmviding a very effecflve visual buffer
a
t
9110 PG 325
BK
from the propm.90 development,
. Ldmas and sreeirt OM o prided djott to tl rw s �j
�� � �
t �en re r screening d buffering. In thle
Ima io , 7-whHe n1rie VOW,14 height are MVId d, we .s 14 hooray Spruce
trr -V In height, In addition, 3 Aus#don Pine "gees, 5-8' In hW ht as well as
OWBOVUM shade trees # -4'In height 4 be placed In the escaped buffer.
andemping and spre"Ing am#ceded adjacent to tt roaWoO t pry, Ltd
tO thO mar � $ite I �
�r �r, Msmh �, known as ft , Lot 3 on the
Andover Assessors Map. Along M propel fin , a minimum of 40 Eaetem Red
Cedars, # 1 in halght, 14 Whfte Spruce, ' In height and f Whft PIne, -t ' In
height Wff be provided for a landscaped buffer In addition to retaining walls.
C. AkoaffIftowMIN There Is also gdeq ate landsWlng prpvlded
ftrd tag Mort mer Dank ftperly so that the 16ndecaping
PrWdes a level of c0slincdon bet een the two dev eats b
�e#i v � Hats# with
ag�tton at wffi remain, The landscaping proposed as part of this
developmot is 11sted below:
There vW11 be 11 Ito er 04ory Red Maple Shade`gees 3. -4*i
C*N)ir,es weft a&4 Lftfleleat Mden Shade Trees 3.60 In caliper.
-W.-Worl"Milm The ornamwftf t e" fn(gude 9 Clump Sh db ow
ervkeberry omamental trees 1 -12' In height, and 5 Heftge River Blmh
omamental tress 1 -14'In height.
34- QWAKV There w111 be 6 Ausfrtan Pine Trees, 5,0 In heht, 7 Austrian Ply
'gees 0-1 1 In height,-1 Norway 4nuce trees"'in height,,4White Fire trees
1 12'In height and 17 WhIle Pine Trees # 1 In height. r
, goo
haftsikikaPlnally, a large amount of shrubbery has been ftp + ed between
e shade, omwnental and confer tines that Includes 12 dardinal Red Twig
Dogwood wood shrubs 2- ' in height, 40 Rossbay Rhododendron shrub - , ' in
height and 4 HlcWs Yew shrubs,2R #In height,
. There will be no nu an" or serious hazard to vehicles o de tdan .
. has beep levee b �#o � � trefi data.
ma's tra p consultant
t, AC The applicant has provided three
aCMVegress doves to the ft . the traffic signal,the right-lrr drivewa at end of h
site# nd the right-in dvew otosaw to Peters Street. ► t a
y , The applicant will also be
ro11 d� following tOl r1 g t n;
e. The ap lloa t will also provide for a l temo OtWcor�atlon n s 1
followingIntersections: l� �1 et the
Waverly Aoadvcotuft Street;
EaghrwoW ftopaffie a Tribune;
Pers Street;
4
Andover Street.
} . Widen Route 114 along the ro of site frontage b9twoen the
�
awdShops � lw� and �� � �#�br driveway to pria exletre right.-turd lane
{ Into the proosed
t ImWf a4ull-actuated tmfflc signal at ft Intemez*n of Ropte 114 ales
d. r loom'sine ono ems.
e
-ve lole re r txon equipment where required whin the
proposed four-sisal system along Houte 114,
e. Widen Route 114 w thIn the existing state highway layout bar fh e*f t or less to provide
an ex #Uv
ele left-turn fare Into the propmed Eaglewood eke.
.
4. The landocaping approved as a part pf this plan meets the req it erft of StOWn .4 as
amended th �r Bow,of the Borth Andover Zoning
yia +. Sai Finding#2 for
further *U on Om land
eonplan;
r.
.,..r...+.r.r+....++,+..,r•+.F +•++,.• +..y
I
z
BK 9110
PG 326
. The site drain system Is OWgrod ln,a=rdanca.with the Town Naw r6quIrements
has baen reviewd d gpProved by the u ido Hsu hlrig�fti eer, Mike Design.
. The applieW has met the requr"rements of the Town for Site Plan Review as wort *3 of the Zoning Bylaw. teed in
r Adequate and appmoo feriae will be pro d d for tie-pyWqr to
1e. �W�l oder � d
tip water, �r Wye$ n to
adequately adder the needs of tf plot# rth rreo ,the,d� f the rem
oorir� dean o �`� � that are ree � iea
oor ant tradlrra� � etas a nearby
�W proms I North Andover. The eWrefr nts a6d side f aad a contafn numerous
�tr n soled alemmts Including o"ples, bde ton
and se
smaller i windows and � � � bases,
ertloi �tom, cuing a ae4thaffaally WwwIng retail
project. The project also contains Easeful lfghflng with banners throughiout to enhance the
d dan village feel of the project.
Rolly tt PlannIng Pond finds that th19.PrQJW goneWly oMpfles with the
Andover rrin Bylaw � f ��
o
r9quJN n tt�s as if led In Seam # � r m odndftns In order to
be fully In compflarce. the Planrdng Sooid hereby gmrft an Wrovtd to the appl a '
the following nditns are rwt: provided
SPECIAL COMMONS:,
Envi memai monitor; The applIcard shall doWpate an endent nvtron
Monitor who� ll a c� � '4
� e�
jots w�the la m &P ent, The EnvlronmeMal
WOW Mt be avallable upon tour hours notice to ln4pio the site vAt .tW Planning
designated offWal. The name and phone unbar of hoard
to Planning the nv�nen#al onftor.��st be dad
Department In the even# ftt this person has to be contpcted, dire to an
eerpcy at the Wte, during any 24,hour r€od, Including Bend . The Environmental
Monitor Shall Mks weekly in poe cns of to project and flit monthlyft to �
Board tlrro�icu the construction and for as ton � Planning
as the Ground rema s urWobfted min 100
feet of wetland resource areas. The monthly reports shall d�il areas of non ll
and
Include Wons ecas ary to rwive theseIssues, One cb the
nor � tler area 'concern will b the
n tlon of the date o pond and ret InIng walls throughotA the site. Separate reports
eb provided r Wive t the construction of the retainingwall and the detention .� must
the regular reports to b given ee outlined enter porgy�r� ctdi# n to
P' ned above, The des# r t�monitor may not be applicant
and/or developer, The dse%nated monitor may submit dtiplIcate r pot# as those submitted t
the C�onserm on Dep d nt so tong they ddr ss t� lre eta v o
lotions � aodctsd on a week ads � � and � �
Department,
� and a rnorh�y�r �t is filed writ the rrr�ig
TM Enviroment l Mmit r muot ovemee any emergenW placemsVIof sedimWettion
controls and moular ft
pctM or mptament of sed(mentaflopcontrol dew and a. e
msponsibillty fot their maJrd0nameor1 4t WOkly bas1s, The Envimen i Monitor r iii
required t lns� all suoi Ovi� .rid oversee clea�ln be
sad tie � erpos o waste
produce. Cleanffig shall Inolude remval of any entrapped alit The EnWronmetftl MonftbePfes9nt on tt during daw term .a files conducted w thln rc i 'must
sty f vatier resource
are4s, In sditim, all wand reso r e areas must be visuallY inspected for sHtebon
tldity,
"or other wae8 f
� id*. The �rnen# l to itor must v1s elty Inspect all graded
slopas for etabll*
2, CorwatfueVen-Mwtor The nt sal deal.
A#on �� gnats an Independent �o�toron
for who ahO be chosen In oneui# tl the Planting,L epertment. The C"
or for must be avalla a upon four hours' noticeto ire ctlon
i
ec ft s th the Planning Ord
} designated official, The Constnxfibn WnItor shall make weekly Ins ns of the
file monthly r � project aril
�ft to the Planning Board throughout ut the duration of the Pro]W: The monthly
3
s
}
i
t
BK 9110 PG 327
raswds 13hsfl d Wl aroe at nonvcomplarlpel It any-end a0foris Wen to resolve these ISE;ww,
The de lo"tdd monkor MY ncR b4.tt- OOj(*i t-and dOvolooer. fhe d#gmt f rno br
May Wot be
'a 011cant andVOr develow. The w sldy Ike - rid monthly="�- r vIded
to the Pliknnirt O"aftent"I I * a the fob m4n :
A aft "dr' ;
b) woWen o*o
o d fna e and deWrifign sfto r s:
d on-she water and seiver uN1 osi,
9) parting ep"n and miaWd p ver en
f (wrb outs;
g) retaining w W
h eb soreenIng,landeWlnq and street tines;
t efte restoration;
final ate oWmps
S. Fdw to the erg met of the pWm-bar ft Planting Board, Akan#must comply
with the following oft n :
a The finakpla ust be r vlowed and approved by the North A ndmr Department
of PublIc Woft, the tow 's oubide anoineeftcons fit, the Town Planner,
and rnut bo subsequently en domed by the Ptannlng rd. The plans and/or
d onal data rwel be rev Wed and provided to MHF so as to address ftme 03
and#4 of MHFs memomdum dated DaomTber 12,2003. The ell6w,its
employs ond all se ra and so signs rust also wWft revised plans
wtfth will eo o rnodate 4 pedestrian oonnaWon between the pr000 and the
pnerty referred to as Map ll Lot 3 jn Aftwer, MAC. H In the evert the two
pew oorne to a mutuil agreemW that the connecVon be provided, the
p Om"n eonnsmlan shall be b l t btho appllvaK he wnploymm and all
aumexam and mmi ns as deplo d*ors the revised plarm. The final plans
rust be sufthted for re Mew within ninety deya of flUng the doolelon with the
`awry Clerk*
A site OpnkWemlon oontrol bond *aU be meted (par ag sment nth the lqorth
And vst P hft#ftwBoa to the#fit' o nt Of twenty t� 00,OW��#oft for
the pprpo of� r end.voWnoersilw ti t rnIgM aftct tM p bA fo wow ouch a
s -opWng,ofead�g, moslon ctml and pidorm4fte of any d her oondkion eo tamed
heroin. The %tjtmnW sholl ba In the form of a ohm made,pgtyable to the 'down of
North Andover saamw awo int,
o AM ego plan aWllcatkm and emrow fees mwa be pold In,tit and v rUW by the Town
kwr*
+4, PrIorto-the*tart of op oft tlon:
a) A m-*cmtnn41on meeting shagbe h9d w1th tt aolgK Co�
Dft*WmeptOlreO , 'dawn Planner, Oar o fin' the
art effl of PuW Worim, and the ftignowd ErMrohmm Mop br and
Co strucftrr Monkar as feted In CondiM s#1 and#2. This.puke of this
meeft cif be review the phaeft of the-deve pr t and-for the applimm fo
sub *onstrucWn sched ie sMl#be sLODWRied to #9 at thepro-tronstrictlon
meaft for the purpose of tracking the Woftdon and Inf"Ing the public of
anU fps ed actIvUles on the site. The antleant wl11 also djacuss the tmfflc
mklgaftn and any possible mad oknurss and or traffic nftallon which may
occur as a wit of the Installation.
h D t con vWlo f the site must be`�t man and swept� �thra o t
the ion pr�mt Dust rn l et n, dawataring and roadway Oming
k
i
4
i
Vf �y�sw+m� ��.ca�iii.a##.i..w..r..f,.i#•.*Y�r•�,#�+ti.,....A�a� .. �.....�,..�.-.....,.. ................ . .-..�•�l _. k
i
}
t
BK 9110
mustbe p r# r od wookly, or more frequently as dictated by ofte and weather
ccmd1flons and as dlieded-ty the Town Planner.
c The domloper must deposft funds to pay for the Town's uts;de Engineering
Consultant lo perform Inspedonal services for the aonstWlon of this project.
Mopedonal seryloss w11I inrA de but are not llmfted to the following:'Installawn Of
on s e s9mr, water and drainage facilities, f t material Ind atton, pavement,
curbing and ald walk Inst llat n, etc; The estimate of the cost of eonstruotion
Ir pedonat services YWH be calculated by theTown's Outelde Engineering
Consultant upon ra pt of final endomd site plans and other necessary
construction documents and the fined cost abd be set by mutual agreemeni of
the Town's Outside EngineeNng Consultant and the developer. to the abeeme of
mutual agreement,the Planning Ord shall set the final cost.
d) A wrWructionacbedule shall be submitted to the Planning SUO for tha pub
of twang the construction and Worming the public of a ti ip ted Miles on
the sfte.'
e) It shall the rpsponsibilky of t o devef�r to assum that no ercsbn on the e{tc
s aK occur Wh will cikqsis demon f �l or sadWe t upon ad c nt
� �� or Qc waya, � � r a�r�e y �� o f s other
off-site construction. Off-site erosion will be a basis for the Planning Board
making a finding that the pmject is not in compliance with the plan; provided,
howe w that the Bann ng-13oerd shall gW the developer wdften nonce of any
such finding and ten days to cure sald oonditn.
Yeflow Tattol tq*must be placed along the llt of-firing and grading a
shown on the plan. The Town's OuUlde EnglneWng Consultant gust be
oontac ad prior to any cutting and or olea ng on site.
A Performance Guarantee to an arnount to be determined Oy the Town's Outside
Engineering Consume, shalt be posted to ensure compWon of the work In
aooWanoe with the Plans approved as part of thle con#hio sl approval. 'The
bond must big in ft.form a ep able to tha North Andover Planrdng Ord, items
covered by the Bond may Inc4ude,but shell M be firnited to:
l as- ullt dm inp;
li on#sfte sawsra and utliges;
lii curb cuts and pang spaces;
r tot and she emsion oontrok
v site screening and street trees;
f drainage faoilitles;
W site rstoctlon;
tt final site cleanup.
The appllwnt shd provide t6 Planning Board WA tipples of per i , plans and
dens Welved fiorn all other town boards, ooMmfssions or,depattments. In
%Mticn to remipt pf these plans, the applicant shalt supply the Town Plattner
with a lefleroufflning any and all revisions rasulfino frorn s bud p nnfts, plans and
decislorw received from other town boards, emissions and departments that
differ from the approved plans referenced In QMaW2n 244
l Sultding_pertntts must ba obtained for retal Mng walls over+ 'high on unbalanced
fill.
f
ABK 9110 PG 329
Prior15, to FORM U vesication J13ull4kV Parmft lssn ;
a The Plarming Sord must endore the final site plan mylars and three oples of
the signed plans must be delivered to the Planning Dopartment.
b One oefted c*py of the recorded decislon must be submitted to the Planning
D"itme t.
e The applinnt shaft ad are to the following requlremier4s qf the North
Andover Fire Department and the Norte Andav r t 1[dlr g-popMmie t;
All structures must cordai n a mm eraf fire p h er'syste , The plan@
and hydmullc ca o fis for each com erckI syWom bhW1 be s bmi ed for
review and approval by thi§ fob Andover F1r#DoWtffient. Plans and
hydrau.11c calculations for each commerclal system musfelso be supplied to
th ufkgg Depoiftent.
d The wpftnts,4 employees,s omm r"riy,shWI be obligated to bye a
p4rVelpatIng membgr of the Merrimack Valf r Trap"tlon Mana m r
Assocla gon 1VTMA , so ot- fQ payment of $1, dues and other obfigeftns of
e bers* The applIcants, Re employees, succ*mors or as 0s, shall remain a
member as long as the project Is In exIs ence and small be requIred to file a
declaratlorr Matino suohr emborship to curfent oh or before January 16 e.n n etly,
The a plIca t , f#s employees, successors or aselgns shall submit a copy of this
declamflon to the Planning Department, Informitign re rding the MVTMA can ba
obtained from the Planning Department.ent. If the applicants, Its employees successors
or assigns are required to comply r th a substaryflat lnoreaee In the fear charged b
the MVT A: or any other unforeseen oompflaOons relative to their required
ernbemhlp In the MVT A, the applicants, its tmployies, succ8ssors or assigns
shall request a hearing before the Planning Boar6. The Planning Board shall them
determine whether or not such required membership in the MVTMA shall oont nu 6.
e n as4*ft plan must be submRW to the Wslon of Public woft for resew and
aMmvai prior to amoptance of the sewer appurtenances for use,
f
f The applicant Is required to pay sewer mitigation hes at the Department ent of Public
WGft- Proof of p yment must be su ppUed to the PI-EMnIng Departm ant
. Mor to-V0dftRtW of the ow" o00 of 00apr ;
a The spplkam Est su r it Nir from•' a'emh eo and vVfnew of tt prajW
} static that the building, iigna,, landgWing., NOVar d 06 f yvut substantially
a om* I th tha plans referenced at the end of this ifs won as ondmed by the
k
Planning Board.
b The Pining Staff shqill approve elf artificial lighting used to OlumInate the Mell
All lotlKg shaff be b lft In aocwda€ce with time documenWon provided or
aWlar prods with exeAct speafflcaWns as tamed ebw:
erme rer ArchftecWre- Into dor ,•Parking Lights .1, Bade Sign C.t and , ;
, Sun Malley Lighting, Jbb/Proj&M InformaVon, fewood Shops, Borth Andover,
iI,A
}: • Sun May Wghting,LumInalre Aloe ;
. USA A hi ectu rail Ughgrvg, AS.t,A .2,
S. Signage and UUMIng. fey Plan., Eaglewood Shops, Be yer Archftect
} Irrte ors,Sheet 02.
}
e
ii
s.
t ....+..ya'4—=.�—1wv•Ya1F�f�cJ- +J+F .... -ba`•�neyf Y•wau�of •.�...•r• -+++.a a•5+•'i.Fr45•�y.w�
1
a
8K
0 PG 330
911,
6. hotoetes, Sheet A3, Brmeyer Aroit%tore&Interiors 04ted 1 U1W
All lightIrg s ail have nder rs nd wiring and S►11 be so oranood that all direct rays
f rem such lighting calls aridrety vAhin the site and shall be shielded or recessed so as
not to shine upon abutting propWles or streets. The Planning Staff shall review the
site. Any chanps to the appr d lightIng plan as may bs reasonab r required b
the planning Staff sh i be made at the ownees expanse.All eke ii htft shall provide
security for the site and struoturda however tt mint not cra to ahy glare or project any
light onto adjacent reeldentiat pwperdes.
The com ercW fire spAnkler systems must ba Installeo.in aw0dance with referenced
standard NFPA 1313 and in accordance with 760 CM , Chapter 9 of the Massachusefts
State Building Code, CeMcaftn that thii system bave Wn irg ed properly in
accordance with the above refer nc d reguMons u t be primed from both ft forth
Andover Fire Department and the North Andover BuMing dopaftent to the applicant. The
applicant must then provide We corldIcation to the North Andover Planning Department.
d Any and sH signago plans for the sfte which have been provided to the Planning Board
during the ab p1 n raw process wore ented for the materials of ft si na a only,
Any s na a plans must conform to Section 61,Signago and Outdoor Ughting Regulations
f the Town of North Andover Zoning Bylaw and must be approved by the Building
Department. ire.no %py is the applicant: to construe that the Planning Board has
reviewed and approved the ilgnage purls for Zoning Co pflarce as that is the
juftdlcWn of the BuIlding Department. All addRional pares most be obtained by the
appiieent prlcr to construotion. Signage plans provided to the PlannIng Board are
included in the plans listed below
Ptah Titled: FIoor Plarm, Roof Piano, S1 neQo 4k Ughflng Key Plan,
Photometrim, Elevatom,Sulldinp Sins, Signage, Retell -
h & Reateurant Above B RdIngs, ROtalf #1 Building, Retail
Elevations,Street View Perspective, 41dewslk View Perspective,
Maples Parepactive, Arras PerspectW, Storefront Sections and
Details,Tenant Design Crfterle for Eaglewood Shops
I reared For: Eaglewood Shope, North Andover
r eared By: Bergmepr Architecture and Interiors
Scale: t#' '0'
Date: t 103
Sleets: Al,AlA.,A2,A #A ,A .,MA,Ate#A6,A ,AS,AM,ABt
0, A91,Al
a The applicant must supply a copy of ft improved Massachaettt Highway Department
pants necesse r for-aocass and oo atrpction of the s� to.tie Marinft Department.
Failure to obtain all the necessary Mas whusetts HighWo# Depoment permits for
construction and ace to the site, In strict accordanoe wffh the'a0proved plans, will
result in denlat of an oocup ncy permit for-any and ail buildfts deo :ted in the plane
refereed herein, in the event the Massachuseft HIghway Deortinent requires a
change in the access/egress anther than what was approved 1n,ft Chapter 61 Findings,
the applicant mais it revised plans as referenced In Cond ion 22 contained herein,
If the initial applioent, or subsequent owners, successors or assigns, in the course of
onti UO business operation, wiah to open a re a nt(s) that exams the 9sOOO a.f.
referenced in the approved plans as noted in CondltW , the appiic;an# must, prior to
along•ech restaurants to open for business, submit revised plans to the North
Andover Planning Board and North Andover BuildIng Commissioner, demonstrating that
adequate a d ional parking exists on the site as defined In Section 8.1 of the Town o
North Andover ZonIng Byer. ff the Town Planner deers these revision to be substantial
ntial
}
t
3
r �
BK 9110 PG
331
as defined In Semen .3, , the applicant must submit r iW plans to the Planning
Board for approval.
7, Prior to the Onal vm ty:
8 The Planning SW,shall review the site. Any screening as may be reasonably
required by the Plannhg Steff w l be added gt the pp1low's eV , After
the detentlDn pond Is C*rnpleted,.ths Town Planner will MvIew the sfte and "
samening as ay be masonably wired by the Town Planner Ali# be added at
the applicant's expense,
final as- ut p% av -final trophy,the��r�o all ont site
Udiffles, t#� S., curb-� , p -i opaces end dealer fadlitkm must, be
trbrmitted to and r&Wewod by thb Plerinin 'Stiff and the DMalon of Public
1ortcs.
. Any etockpfflnq of �rW (dirt, wood, o Iru tlon aW etc. urn b shown on
plan and reviewer 804appmVed by the Plan�ktq%ff, AnV aMrOvOd 01101; must romain
oveMd at all Smas to mInknixe any dust OWOM may 000ur wfth adjeoent
properties* Any ftck pKes to main for lower thin one woek must be fenced off with
si#tation fence and covsnW.
91 In an effort to reduos noise levels, the applicam shall keep In opVmum working orOer,
through regular malritenanoe,any and all equipment that shall emenate sounds fwm the
stru rse or ate.
10, All eft work and axteral construction don activity shaD be ked to batween 1.00 a.m. and
7-,00 .m,,Monday trough Friday and men *00 a.m.and :00 p.rn,on Saturday.
Any plants, trees or shnibs t t have been Inoorprated into the Lan c" Plan
sppmed In this decision that die within two yeem from the dote of ppantlIg shalt be
iced by the owner, Aff plantings arid s&eonlnodepleted-cam the approve6plans shall
ternaln In porpetufty over the lie of the k". Reasonable substitutions May be,
allowed as determined by the Town Planner, but size and oovem srn
ust be maint ned
throughout the duration of the project.
12. The contractor shaH canted D1g Safe at least 72 hours prior to commencing a
ny
exta etlon.
13. Gas, Telephone, Ca
We and (Wric utflttlee shell be Installed rtderond as spftlfis
by the respeafte wift empanles.
{ 14. 0 an bummg shall bo cone except as Is permitted during boning aeon under the
r
}
Fly Depafterit regulgoons.
15, No rou d fuel storage stall be filed Oxcept as may be allfted by Town
f
Regulations,
lations,
1 . The pr sfons of this �fl# � ,appr �� s#ts�� � � � b�
f nI upon the
f a Ia o l +
� � � y� �all su � Cand Wgns in InwmBI or oontml.
174 All biestIng sl l be In"Iete COMPHanCO wfth re ns and pmedures
the North Ammer Fire apartment. Thoapplicant s l offer a prey-blast survey to any
structure within I OW of the-blast eke,
t
k
Y
}
Y.
}
r
i 8K
91 J,O PG 332
18. All snow stomge is to to renwvod from the sft and no snow shall ba dumped into the
detention basin or adjacent to the wind. All sbow storage that Is stockpliedd,
to por dly shall be loWed In the temporary snow stokpft arcs deWad on the plan
dated Ootober o ; Figure S- . Snow Stomge and Removal Pig" designed by VH .
Snow storage shall not mutt In the joss of parking sees e eW during prompt removal
operat tor*#
19. All shopping caft shall be pied In a covered focaftn as Irldloated on the site plans.
Teniarft shaft use dfterd taffoft to r tftve Its sops carts %m ft mmr on armw
and reWm 1hem to the area des#gne d on the efte plans. TenWO toter agree to use
mum able l marts to prevent the use of fts shopping oaf In the center from inter a ng
with the Englewood Shope wW the use of the paWng rot.
4
20. Truck delWages for goods aid merchandise shall occur only between the hours of 5 a.m.
and 11 p.m.seven days week.
1. The rpaprve pa" ,and peen ..area Is depkW on Shoot C11.` It Ile Tom Planner
deems that post oa�neinmfI n U*M a d p rkirig condlUons wait v4dMonal pwk16 #the
Town PWn er with require the a0ficant to appear In frofit of the PlannIng Boatd, The
applicant-01 then nu&ia a pmentiation as to how rr ny par (n span s are being utHized
and the Olanning Board sbali evalu'ate'th at and ftemine the n6ed for the ap l"nt
to oonstW the reserve parking area, If the PWnIng Matd detarrdlnes oonstruction of
the reserve parking area Is warranted, the applidant shall oo stmot the parking as
depleted on Sheer C11, Fall re to construct the serve pa ing area as depicted on
Shalt C1 1 will result In r ,vo ation of certifloates of oo panc es for any and ag buildings
reterenoed 1nQMdft.A2d,
22. Th6 Planning Board @xpeds that the projeot YAO be built In scwrdance vMh the herel
roferero Alarm and����Odin, �l � 1 tie da lg � and
teatm dpfaed and Olmus#ed during the Pub9c Hes4np, Any revWona shall be
submitted to the Town Manner for review in acoorOance wft Sin 0,3.8 of the Zoning
Bylaw, If the Town r Planner In hWher soil d1scration deems these revisions to be
substantial as defined In SWIon 8.3.0, the apPioant must submh revised pis to the
Pining Board for approval.
. This Spec er approval shall a deems o have lapsed after - .� .
(two � from the date permit granted) unWss s stant at � or �6 " fig
oommencod, SubstaMW use or oonstr�tlon will be determined by a m4oft vote of the
Planning Ord.
'r
24,
The toHowing Wo.r aton shall bo deemed part of ft decislor:
f
EP11kn Tifled: g wwd'Shops,Tumplkq Btre (Route 11North Andover, MA
t
Pr re For; Eagfpwood Pr pertlos.L C
* .Box 337
op tleld,MA 0198
Preparad By, Vinasse.,Purger Orusflin,Inc.
Scarier 1"= '
Data: September 19,2003,revised 11 M , 2129V0
eete: , -1, C- , - #C-S ,C- B,0�3C,0- *0-13,SV-1
r. Plan Tift : Floor Flans, Root PU=,, Signage & UghfingKey plan, PhoWmetdos,
} Eimflons, Building Sectlons., Si nap, RetaIIW243 &flos%uranl Above
} SWIdls, Retell 01 Building, detail 3 t3evhJor , Street Mew
Perspective, SMawalk Maw Ferspetive, Maples Perspective, Argil
t
h y
4
f
BK 9110 PG 333
On"O e, Bt u$ecffons and DoW , Tip.nent Dqslgn Crimea for
age shop$
Prepr Shops,Noah Agar
Prepared By: a epr Architecture and Interiors
Scale: = x
Date: 1 IM03
Shoots; Ali Al At A02j A31 Me AS,ASA,AM A6,Ali A8r 8A,ASS, ASC, A9,
1
Report TM : DrOnalge end Stormwater Quolity Report
Pared For; Ea wow Shops Retail-NvelopmeM
Oaten: Ste be %Wised Octobef 2003, revised 1 1/2&M
Prepay By. Varras a Hangen Bruaffln, Inc.
�pqrt,TM054 Exwded Environmental NQftftiWon Fqrm
Premed For Eaglewood,Strop
Prepared B : VAhMOOt HOngan Bit ,Jc.
Dated: May 1 ,2003,revised 1 WO/0% 11 MV03
*Port wed: Single Environmental Impact Report
rar' d For: foulawood Shops
Prepared B3r, Vanasse Hoingen Brusffin, Inc.
Dated: September 1 , oo3
eOMOdm
Prepared For: Hal'
dt Gr fn
Prepared B . Cad 04bay,MHF Design
Dated; December 12,2003
Applicant
Engineer
File
t
1
s
f
EXHIBIT E
2011 WAIVER DECISION
fi
-a -n j) i
fOO170760;v3)Site Plan Review&Pa m rking Special Permits Meoi Hui Plan ii g Board 20
Sk
Oro a. '12587 Pw320 91
own of Norffi Andwm
Office of the Deparbmmt
co IMun4 Development and Sen4ca Dlvhlon
600 Osgood Sh*0
North Andover M
NOTICE:OF DEMION a SITE * AN REVIEW WAMM
Date of Dublon: Awgust 12,,2011
A pU= km aft Eqftwood Properdes,LLC
P,0-,Box 33'
TopAeK MA 01983
Property Owner. gbwood PropeMM LLC
P.O.Box 33
o MA 01983
arml 2L
r 19,2W3,Wewwd BwPefties,LLC filed am Anlicedon for a Site Man
Revim SSW Fit vdth the plannincy Board ummt too Seetlo ; , # , 10,31 13 of
t� `own of Nord Andover y1m, On Faber S,2004 the Plannins BoW
immimously VOW to�t Applicant Site Ply Review SpwW ��t o
Premim d&O d nd procwdW W Wye a Swirl Pit Decision appmving the Project.
t.
On July 14,2011,Rom EW wood Properdw Mmger,requesW a Waite o
Site Plan Review with rapt to an' is the Wood amowl of squam matzo to b
omod by a now restaurant.con lon -f o ' er MWnw SPWW Pit spa dMt if the
appHeaM wishes to opem a refturant exeeWs 9,,0M f,sa refomuced in the awed p��
the Applicant��ow� aMtiozW paemdng odsts on site as cefind in
SWdon 8,f ofthe Town ofKorth mover maw. The%*lcant bas mkmitted the follow
lnf rmatim
The now re: wr=is expected to have 9 100 wws and 3,S00 *I of i
Accorft to the Zoning Bylaw,Section S. ,the reqaimd amount ofpakWg apam is
6.
Tke original plam iulude 430 m , 133 off b wom allo aW to mshmmnt use.
The ant requhment for the Wsdn rawmts Is IOC spamp-lepbg 30 spom for
now Mstnmrd use$
rMWW&M `mA LLF }
Wghn MA 02452
MLson I
Bk 12587 Pg321
•
O Phu Rsvivw COnflROW CAN RtOnzat Sit Pamit gum bftnUd Chap Dim)
Siam the pt was completA dm parWng area has bm reship4�ddi 13 qMm6
for a taW of 443sue # By add the exiling 30 spam and 13 new sue,the deficit
Of SPRM fOr dM UCW MSUMMM"S 9e5,-(52.5v(30+13))
MMINGS
IU PMOSed 8M i Al MMUMM use bw bm duNnnifted to be"U"M wW can be Acted
Wiftut fiAW"rview by Ow Ping Bow=off to the MowlW
. 'fie PrOPOsOd chw e Wts Ito dw Ubpry as deed in won ,3. # ,which stMes
t�the chanp one of lotion and layout of the parking wm
ti.) The Zoning �� t . . mow d�parking�� o
um or aodvifles provide the the*Mmon paddng a, if the pares
of dwse UM Is tw it lower toW will pmvid ly fm aA
um* The Eaglewood&dft docs provi&for rvW1 and regaumal uns,each with
di emt peak paMn req
The primed edges ate thewfom dmntdnot wally diffmnt the
wed phM,refmnmd in ft Few ,2004 SpecW Pert Decidom.
TU Ply Bond's mod*of no mbftwial cbmge w coAtIonod on the fwing:
This Aston shaU be rocor&d m6th tw Regime of ids vvidenc*of
n=rdi"is tobepmvid d to ffie Pimaing DqwtmeW,,
Town of Nmth Andover
PI Deparftma
By: FLO W
J` M,!TMf
Platmer
Domed: Auk t 5,2011
PMIW# )2
f
EXHIBIT
2020 INSIGNIFICANT CHANGE DECISION
I
i
i
S
0]707 ;v Site Plan Review&Parking Special Pennits Memorandum Planning Board
2
{
Bk 16439 Pg167 #20697
- -2 2 @ 106. 59a
Tovm of Norffi w. . ti •
Andover
f Mann* D arme
Offi th imne ep nt
CnmunftY Development Eftbion
IM Main Sheet
North Andoverr Massachuwft 01& •• + .. .: �.
NOTICE of DECISION UNSUBSTANTIAL CRANGE
SM PLAN REVIEW SPECULL
PERAUT
July 21,2020
Pin Of: Lfiwar ReWl Now Au&vr#I LLC
CIO Gmg Droc4 VA,Ass*MaMpmen4 M eff ReWl PrOperaes,Luc.
1urlgbm woods Nive,S. 107
Dwfin&nj MA 0 1803
Pt*mlm Affe ** 175 spike Stvtt(Map 24,Lot 6)
North Andover,MA 0 1845
E&M
On Or about FebruW 5,20040 the Now Andover planning Board voted to igm a Site pW
Revlow Specid Pcrmft(2004 Site Plan Decisl0n to&Oewood P per es,=for the
MUvelopn eut of an appmhnaft 13,29 awe parcel of land own a in a reel and re ran �
Eagle wood Shops., p
� � �e ����oo��o 7 , see Feet off Ww
spread aorosss three builder. Origiully&valoped in 2005,the development was envisioned ned to
be a unl-lifestyle cutter that feawed reWlus that we Uaditimay mil-based. Those
retailers included woma,mM andchildnnsps apparel,home oboe supplies and
food,
In i
June 2015,Es4ewood Propeties,LLC sold&e pope y to 1 mem RaWl forth Andover#1
LC,,an a.ffiliato of Linft r RoWl Propmfw,LW(Linear).
Since the tim that Eseewood Shops was develo
p4 LM# M has stated the.there has been a
s pi ica t age and dkption in both the consumer and der MWsm u her LineaEm
stated that as mW1 saes shied owe or wire apt d o fe re is s oh a Amaw or
W**u',apparel and home goods roWlera such a Pier I ,5 t S and j,jiH(2,804closed
t .e stomas at EagleWood. Add tionaH ,baed Upon a 'S OMersatloas wM WMU and
from ftuant news rele e ,Linew anticipates that Wid&the next&12 months other tuts such
as hico's(2s,804 SIF ,Jos,A B4u* 4 2 S and Yank go C�ndje(2,168 SF)may a"soon
follow—eleWngtDclose and oo solf"Oms to the more iradonal mall-bused ors of
Sam,NH or the Norft ore Man,
*Meer has also indicated that the more aove retaflen 1
o img for spaoe include food &Stp
k casual),. itu"S ae ft*M such as P ags,yoga and o rc&g)and media dentW,physical
therapy and urgent om ,and thaot these categoes repweot expaieutial MW and are hose that
have not yet beet rVlaced by an onNne psence.
ATIM
r
i.
i
s
I
Bk 16439 Pg168 #20697
J*2 It 2020
ImuWanUChange
175 Twnpika Sreet-BWewoW Shops
Uad theori&W 2004 Sift kn Dee SW Condid n No,6-1provides*e� Ifthe
��i� OW or subsequent owners,summom or anigl ,M* the oome of continued bus es
Opetution.,w h to opera a mftmnt(s)that a ooWs the 9,Mo&f.r ferentoed the approv d �
as noted n ridi oa l Io ,the Vpl c t mus prior to all�g such s o open four
busies,submit revised plans to the North Andover Panning Board and Building Commissioner,
demo . .
that ad luate aMdone parking exists on the site as defied in won 8j of the
l 'orrh Andover Zoning Bylaw, f tie `own hW r deems use revisions to be substwti ,as
domed under won 8.3.8,,the applicimt must submit revised plans to the p1ming Ord for
approval".
In Auk 20 1,the board gated a Sito plan ReviewWaiver to enable the#fin-owner o
incm=the approved amount of new s u footage fvm 9,000 s. .for an addiflonM
3,500 s .ramumt, As of the deft that Linear sou red Eaeewwdd tDW of l 5,5 15 square feet
of exasfiig qweis oocupied by refturant uses.
n July 1 ,202 Linear *W 'es,� ub *tied�spondenc uu t% the
� ROW to vote to approve,as an InsubsUnU Change,a modi cadou to SpeoW
Condition No.6.fofthe 2004 Site PIn Review a isio ,dated Ummmy 5,w 2004,to ale the
owners to lease space within Eagle o d P for&Mond rafturant use for the reasons
dwoniW above. In addition,the comzpoadewe s ted that"AsLine"looks to Ali the ant
and firm vamciw at Eaeewood fps,Five Grs haenftrod into a long ftirm lem for the
former L Jill sloe 2, o SF),subjea to Town approval of the proposed use. Sipe Five Guys
desks to co ne ee operadons as soon as possible in order to be operational by the new school
Year in AuguslVSeptmber,Linear is mpooffully raquesting the 190ad to approve the use of the
space noted above as an additional use. Fivo(Ilys is mm�y to rnov to and
to
r OCCUPY this space,subject to low approvals to do se,
An approval of the bstantW Change requast would allow for an addititon l 2,804 s.f,of
for re and the uld �
� o then nelude total of 1832 S of space dedl�d to
rwWarant use.
In support of request for as Inubstomflal Change,Line ur subml d a memorandum from
Jeffrey S Dirk ,E* PROS FM,f'Artner Vawsw&A soot Inc.,deWM9 a addg
Durand Study for Eaglewoc>d Shops-175 spike Stet(Route 114).dated Mwh 1,201
The" ' nasse ; 7U Vanam l sport states that its an*s'is was condueW while both
Pier l and J,Aff were operating and the pima was at full capacity with no vamoies. The
' '""N import detained that Clue Oxhting�g and the demand from exi
tenants could 9UpPM add. . �
. onal CUM ram"od use;however,the vanam Report adds
i that is appsr nt based on the puking demand observations and the di*ibution oaf
wida the pares fields that serve Wowood shops that the"IM'Mt corn Went in the
outbe ion of
rn
po t�s� the runs parkhag dented generator the weekdaySaUu& sud
y midday pe od and on a weekday aver :00 phi, As swh,while the parking supply
within the EaSlawood Shops is sufficient to odate a typia ofrawl and rftuwnt
uses,the vanasse Report Wes dw the addition of a sipfficut sit-down mmmmt component or
health club use that would have a long duration of sty the southern portion of the site would
namaita o an evaluation of oppoduni es to'uxween the quantity of pig vdtbin the site,
including the development of a�g art that could include;i a valet
opatfim(nwaumt used; ' of 0
-site ping for employees;and W worms with the
h aM club its W schedule classes so as not to overlap with the peak parking demand peflods
for other um within the site.
k 16439 Pg16926
July 219 220
Easubstantial Chwge
175 TUMpDke$but—Wowood Shops
Most rom ,the includes 13,395 SF of vaoant s age mMmfing a total of
47 parldog spam all000ftdtD tM =nc e , As mentioned by Liar,it is anflolpateJ that
wid&the uex 6- ,an additionw 9,314 SF of f will be v=nt, sanfmgas
additiord 33 Ong q=ft for a total of 80 spaoes not allooated to Plaza teuauts, no proposM
Five Guys rastaumnt use would require 42 puking sees.Aoom4fiWy,the number of odsfing
uadesigwftd puking spwes due to vamoies 4 ' are in exms of the number of n u ed
puking spaces for Five Guys 42 . This omm PAMU cawity does not take into account the
addition anticipaW 33 addi60ua P&rkkg Spam expwW to be deed up by additional vacancy.
Nor loss this puking� factor un �r ava Wity of spaces due to:
aryihours, or arm o � �for emu ple uses at the � r,a
�� a reduction bred on act uso tat ood otherwise he approved under a
Paldng S eeW Pwnit pu uaat to i 5 .8 oftim&aiag Bylaw,
Ammer discussion at tho July 2 ,2020 P Board meet&and upon a motion by P.Boptous
ceded by 1.Simons,the Plan t Board noted to allow an add ag 2,805 Sly of resftmnt use at
ftgiewoW Pam,thus brhWng the tom reifturaut us square fmup to a magnum of 18,320 SF,as an
Insubstantial Change to the 2004 No Plan Review Decision,notwiftbmding the limitations on rvAumt
use imposed under Secdoan 6Xof said Decision with the following ocmditions, The vote was ' ors,
4 1u favor of the I subs ntW ChanP approval K B��re used he�e�,
QQ29MEM
The Pedtlouer 1 comply with AU exdsfin ;conditions mdemd the 2004 Site Plan Review
Decision dated Peary 5,2o�,,except four Rio�itius a this Notice of
Doci ion—Insubstantial age,
Linear I fe 8 formal Site Plan Review Modificaiou to the 2004 Site Plan Review Decision
with the Plawing Board wit n the next 0-60 days from the date of this Decision to undue
�itiOtW pkroposed improvements tO sid a and to"olmm-up"o"tak ash of the 2004 Site
Pfau Decision,
# This Notice of Decision,ImbaanW Change does not allow for a ddv throuo restaumt;
however,should the applicant choose to pursue a drive-through opera ou In
the&Wm an
applicaflon for a fob Site Platy Review Modification to the 2004 Site Pfau Review Deolsion
oo id be submitted to the Plamftg Board.
e This Notioe of Insubstanfial Charge shall be reordod with the hex North Remy of Dftds,,
and evideuoe of recording is to be provided to the Phug DVartment.
On the Tam Andover PUmdag Board
Jam Enright
. PAUL XANNUCCILLOf REGISTER
ESSEX NORTHREGISTRY OF REDS
�x
EXHIBIT G
PARKING ALLOCATION TABLE
I
r
i
t
f
4�
p#
5
f
f
r
i
I�.
0017 7 0;v Site Plan vi w Parking Special PenAts llio Mt�t -- �'� �� ��
22
PARKING ALLOCATION TABLE-12'7 TURNPIKE STREET
As Exists
Tenant F use Category Parklr� aces Required,by Zoning Total Food SF wf Five Guys
b.ood 2,129.00 Restaurant(Alo-Drive Thu) 32.00
Burtons 5,590.00 Restaurant(IVo-Drive Thu) 84.00 ood 2,129.00
2,H07.0 Other retail 10.00 Burtons 5,590.00
Chico's 38.00 Chipotle 2,515.00
Chipotle 2,515.00 Restaurant(NcE -Drive Thu)
Dr Express 3,202.00 Clinic(medicaI offices with outpatient treatment) 15.00 Subway 1,356.00
ideal image 3,025.00 Personal Care Facility 13.00 Thyme 3,925.00
Five Guys 2,804.00 Restaurant(No-Drive Thu) 42.00 Fire Guys 2,804.00
Vacant(Former Jos A Bank) 4,342.00 Other retail 15.00 Total 18,529.00
Vacant(Former Pier 1) 10,591.00 Other retail 37.00
pure Barre 2,153.00 Other retail 14.00
Club Pilates 2,000.00 Other retall 13.00
Staples 20,533.00 Other retail 72.00
Subway 1,556.00 Resta u ra n t(N o-D rive Thin 20.00
Thyme 3,925.00 Restaura nt(No-Drive Thin 59.00
Title Boxing 5,164.00 Other retail 34.00
Yankee Candle 2,168.00 Other retail 8.00
AAA 2,437.00 Other retail 9.00
Total 7,741.OQ 51
PaMng Spaces Presently Provided 430
Over Parked(UnJer Parked)
Future with hypothetical release of vacancy
Tenant SF Use Cate Park] S aces Required Zonire Total Fond SF Hypothetical
b.ood 2,129.00 Restaurant(No-Drive Thin 3
Burtons 5,590.00 Restaurant(No-Drive Thu) 84 b,oad 2,12.00
Chico's 2,507.00 Other retail 10 Burtons 5,590.00
ChEpo#le
2,515.00 Restaurant(No-Drive Thu) 38 Chipot€e 2,515.00
Dr Express 3,202.00 Clinic(medical offices with outpatient treatment) 18 Subway 1135£.00
Ideal Image 3,0 5.00 Personal Care Facility 13 Thyme 3,925.00
Pive Guys 2,804.00 Restaurant(No-Drive Thin 42 Five Guys 2,804.00
vacant(1/2 of former Jos A Bark) 2,171.00 Other retail 8 Vacant 2,591.00
Vacant(1/2 of former Jos A Bank)(Hypothetical Wax,Eyebrow,Nail) 2,171,00 Personal Care Facility 9 ITOtal 20,910.00
Vacant(Former Pier 1-hypothetical Fast Casual/Non Sit Down) 2,591.00 Restaurant(IVo•Drive Thin 39
Vacant(Former Pier 1)-Hypothetica€Dentist 3,000.00 Clinic(medlca€offices With outpatlent treatment) 17
Vacant(Former Pier 1)-HypotheticaI Dry Goods 5,000,00 Other retail is
Pure Barre 2,153.00 Other retail 14
Club Pilates 2,00.00 Other retail 13
Staples 20,533.00 Other retail 72
Subway .355.00 Restaurant(No-Drive Thu) 20
Thyme 3,925.00 Restaurant(€Vo-Drive Thu) 59
Title Boxing 5,164.00 Other retail 34
Potential Physical Therapy(Former Yankee Candle Space) 2,168.00 Clinic(medical offices with outpatient treatment) 12
AAA 2,437.00 Other retail 9
Total Parking Spaces Proposers—Existing&Projected Future Uses 76,741.00 561
Parl dug Spaces Presently Provided 4
30
Over Parked(Under Parked) J1319
EXHIBIT
TRAFFIC MEMORANDUM
I
'r
II
r
'r
6
i
's
#s
S
{
n
{
i
i�.
{00I707 0;v3 Site Plan ReviewParking Special Pemits Mer o�randum �� PIa ��I hoard
2
w
MEMORANDUM
TOO Greg , F O O Mr, y S,,� E,�" �Fl
Asset Manager Pier
Line Rail Properties,LL,C V rnasse&Associates,,Ine,
5'Burlington Wks Drive,S. 107 35 New EngJand,Businem Center
Burlington,MA 018103 Suit 140
Andover,,MA 01810
(978)269-
idir
..
DATE: Mph 19 20,19 RE41 71965
S *# Parking Demand Study
Eaglewood,Shops— 175 Turnpike Street(Route I 14)
Now Andover,Massachusetts
Vanasse & Associates, Inc. (VA as compleud, a detailedassessment of parking demands for the
Eaglewood Shops located 5 Turnpike Stet (Route114), n North Andover Massachusetts, The
pulse of this assessment identify the peak parking demands,for the cent uses thm occupy the
siteoll fevaluate, to available Viking supply as It relate to the identifies peak demand, period; and
I assess futum Viking demands with potential changes to the current tenant mix,.
Based on this, an10
alysis, we, have determined the following with respect too parking demands for to
EaglewoodShops:
1. The parking for the Eaglewood Shops gated Into three(3)parking fields(north,central and
sow), that provide total 2 Viking s including 5 handicapped spaces, of which
266 (62, percent) were found to be oc,CUP ur the demand period,
on a weekday M 5 punt)were found to be occupied ding the,peak
parking demand period on a (11-00 PM)-#
I Adjusting the puking demand observaltions which were conduces in January to more typical
con ral y 65 to 7 , p r+e (member) occupancy) would not significantly
change the overall findings,with regard the observed occupancy or space lufflization within the
parking fiel�ds
3. review `p�k u, Dili wi n the king el i � � � � �� �'ed,
spaces were concentrated 'In the south parking field(proximate C licol Ideal Image,Doctors
Express UrgentCarl Pier I Impo , Subway, Burtons Grill and Title Boxing Club), on both
weckday and Saturday;
. Plarking within south parking field was found to be essentially
weekday. wing this period, parking lis, available 'In the central Viking field to acconlimodate
patrons of these
P and
u
G tl`Y UAL I
p 'All
I
I
f,
1
5. Parking occupan cy on a,Saturday was not found,to exceed 80 percent 'In the south parking field
vath parking occupancy in the remaining pmUng fields observed to beless.than 50 percent.
It,Is apparent based on thip.,parking demand observations and the distribution of parking within the parking
fields that serve the E*ewood,Shops that,the restatuant component In the southern,portion of the Site is
the primary parking demand generator during the weekday and,Saturday midday period and on a weekday
after 5:00PNI, As such,while the,parking supplyw1thin the E*ewood Shops is sufficlentto accommodate
a typical mix of retail and restaurant uses, adding a significant slit-down restaumt component or health
club use that would have a longer duration of stay in the southern portion of'the site would necessitate an
evaluation of"lopportunities;to Increan the quanflty of parking within the site,,Including the development of
a parking management prog=that could includc I)a valet operation(restaurant use); Ii.)use,of off—site
40
of
Paddng for employees,e and 31i)working with health club tenants to,schodule classes so,as riot to overlap
with,the peak parking demand periods for other um within the site,,,
The following,details the methodiology and,findings of the parking demandstudy for the Eaglewood Shops.
PA
T V
AKING,,,,, INAM S1W,,Ym
A detailed parking demand study was conducted for the Eaglewood Shops in order to identify parking
demands and utilization within the parking field. The Eaglewood Shops Is located at 175 Turnpike,Stmet
(Rolute 114)M- North Andover,Massachusetts,and contains approximately 76,742 sf of commercial space
consisting of 510910 sfof retail space,,1 5,,515 s f restaurant space and 9,317 s�f of health club/fitness space.
The site contains approximately 1129+acres of'land that Isbounded by commercial properties and areas,
of open and wooded space to the north;residential and commercial properties and amas,ofolpen and wooded
space to the south;Rotdc 114 an,d residential properties to the east,;and residontial,properfles and areas of
open and wooded space to the west.,
GAW Noah ArOover,MA%U4=*ZWswD9d ShVehAkv ObWvUbas W.01 19AVX 2
Access to the site is provided by way of three 3 driveways that intersect the west side of Route 114 and
are configured as follows:a right-turn entrance only driveway that is to aW approximately 330 feet north
of Haverhill SbutlPet s Street (route 13 ; a full access driveway under traffic slgnW control that is
located approximately 670 fit north of Route 133;and a full acmes driveway that is located approximately
0 feet south of Waverly Road or 1,430 feet north of Route 133). An internal connector roadway links
the north and south plaza amn which are separated by a commercial property that fonts along route 11
and is not a part of the plaza.
'ar& Inventory
detailed inventory of the exiWng parking supply within the Eaglewood Shops was conducted in
January 2019. used on this Inventory, it was determined that the parking mms that serve the
�ewoW Shops contain a total of 427 marked parking spaces, including 15 handicapped accessible
spaces,of which four ping spaces aye reserved for specific tenants} SeggWng the making supply
into the thrco primary parking fields, the north parking field that serves the Staples building includes
112 parking spaces,including five handicapped accessible spaces;the cenal parking field that serves
the building containing Yankee Candle, Chipotle Mexican Gr"li, B.GoA Pure Barre and Jos A. Bank
includes 177 parking spaces,including tour handicapped accessible spate;and the south puking field
that sues the building containing Chieo's, Ideal Image, Mors Express Urgeni Care, Pier I imports,
Subway,Burt ns Cali and Tide Boxing Club includes 138 parking sPaws,including six 6)handicapped
accessible spaces,of which two parking spies are preserved for Doctors Express Urgent Care and two
(2)parking spaces are designated as 2 -minute parking for Subway l estaumnt cus mers#
Parking.-Demand fbsearaffons
In order to determine the parking demands and space utilization within the parking let,parking demand
observations were conducted on nursda , January 10, 2019, and Saturday, January 12, 019; under
favorable sum weather conditions between 7:00 Ali and 7:00 PM. The parking observations were
completed In one-hour intervals during the observation period and included both the number of vehicles
parked and the general location within each of the three parking fields. Table I summarizes the observed
parking demands for each of the observation days, with the peak parking demand perlods shaded for
identification,
As can be,seen in Table 1,the observed peak parking demand on a weekday was identified to occur at
7:00 PM with 266 parking spaces occupied,or approximately fit percent occupaney of the available spaces
within the lot (427 spaces). During the larday observation period, the peak pang demand was
Identified to occur at 1 #00 noon with 214 parking spaces owupicd,or approximately 50 percent occupancy.
f
f
A review of parking utilization within the parking fields that serve the Eaeeood Shops indicates that the
f
majority of the occupied spaces were concentrated in the south parking field which serves the building
containing Chi ' ,Ideal Image,Doctors Express Urgent Care,Pier 1 Imports,Subway,Buns Grill and
Title Boxing Club. Parking within this parking field was found to be emnflafly folly utilized after
5 00 PM on a weekday. During this period,par in is available in the central parking field to accommodate
patrons of these uses.
Table I
KAGLEWOOD SHON
PARMG DEMAND OBSERVATIONS
Tbursday,January 10,2019 Saturday,January 12t 201
Parr Fiel Ing De.m......qnd 1 Field/Parkin nand
00upancy Caney
Time North meter South 'Total °fie North meter Sow a1 To %
7:00 AM 1 10 9 0 3 1 2 .
8:00 7 16 24 47 1110 2 25 45 72 16.9
, 0 21 25 29 75 1 *6 t0 33 53 9 22.
10:00 27 27 45 99 23,2 24 37 65 126 29.
1 t.00 32 37 57 126 29.E 33 64 65 162 3 .9
t .00 PM 26 69 115 t0 49,2 27 6+4 93 184 43.1
1# 0 4 1 121 t .1 1 7 110
_ -
.00 42 27 90 19 37,2 23 54 10 177 41.
3.00 32 30 81 143 33.5 17 58 88 163 38,2
.00 35 39 90 164 38.E 21 43 93 159 3 .
24 66 101 191 44.7 19 48 93 160 37.
6:00 15 100 132 247 57,8 8 67 99 174 40.7
7:00 12 118 136 9 79 110 198 46.4
Parldn Supply., 112 1 138 7 11 t t 8427
'Based on 427 available parking spares including 15 handicapped amssible spa .
Parking demands is retail cent fluctuate on bath a daily and monthly basis. Monthly parking variation
data published by the Urban Land Institute U I for a shopping center indicates that Gusto ear parking
demands during the month of January are apprommately 56 percent lower than those that occur dwing the
month of December,which is considercd the peak month for parking demands for a mWl center* Typical
monthly parking demands are approximately 65 to 70 percent lower Ow peak-month parking demands.
f Ad s ng the January parking demand data to typical monthconditions would continue to indicate that e
t
paring supply in the south parking field is fully utilized air 5:00 PM on a weekday;however,the Mural
f
parking field would afford available parking to accommodate patrons.
s
f
k
t
I h red Parking,Seven diflon;Urban tAnd IndRut ;Wuhington, D.C.; D .
} Q;17 b1 Now o ftrk�t OWwm 0.01.19
5
P
§1MfldLARY Affp CONGLV.&IMS
AI has completed a detailed assessment of parking demands for the ewo d Shops iocated a
175 'urnpike Street(Route l]4)in Now Andover,Massachusetts. The purpose o this assessment was to:
i identify the peak parking demands for the current uses that occupy the site; ii evaluate the available
parking supply as It relates to the identified peak demand p od; and ill)assess future parking demand
with potential charges to the current tenant nk
Based on this analysis, we have detemined the following with respect to parking demands for the
aglewood Shops:
t. The parking for the Eal#ewood Shops is segregated into three parking fields(north,central and
south) that pmvlde a total of 427 parking spaces, including 15 handicapped spaces, of which
266 spam pment were found to be occupied du ng the peals parking demand period
on a weekday 7:00 Pl1rI and 214 spaces 50 percent)were found to be occupied during the peak
paddng demand period on a g tWa I2: O PM);
. Adjusting the parking demand observations which were condaeted In ,January to more typical
conditions gen Wly 65 to 70 peasant of pear(December) occupancy) would not significantly
change the overall findings with regard to the observed occupancy or space udli adon within the
parking fields;
review of parking utilization within the parking fields lndicat{ s that the majority of the owupled
spies were concentrated in the sow parking field(proximate to Chlools, Ideal triage, Doctors
Express Urgent Care, Pier l Imports, Subway, Burtons Grill and Title Boxing Club) on both a
weekday and Saturday;
4. Parking within south parking field was found to be essentlefly fully ufflized after 5 PM on a
weekday. Ong this period, parking is available in the central parking field to uxmm modat
patrons of these uses*and
f
5. P Mng occupancy on a Saturday was not found to exceed 80 percent in the south parking field
with parking occupancy in the remaining parking Melds observed to be less than 50 percent.
f
It is apparent used on the parking demand observations and the dlstribution of parking within the parking
fields that serve the Eaglewood Shops that the Durant component is the southern portion of the site is
the P parking rim arkin demand generator during the weekday and Saturday midday period and chn a weekday
a#er 5�0 PM. s such,while the parking supply with the�ewood fops is sufficient to acconhrnodatc
a typical mix of reWl and restaurant nt uses, adding a significant sit4own restaurant component or health
club usethat would have a longer duration of stay in the southern pordon of the site vrould necessitatean
{ evaluation of opportunities o increase the quantity of parking within the site,including the development of
a parking mmmgement program that could include: i valet operation nt use); li use of off ite
parking for employees;and iii working with health club tenants es o schedule class so as not to overlap
with the peak parking demand peods for other uses within the sits.
cc: File
65 Nbnb A,&M,MA►MWOWWtWWJ Bop.FOk4V"rxi 03-01.19.
R
w
w
i
{
i
lot
lilt
lilt
it e„�
110
AL
w
MLL
p
M
401
MM.
in
got, Ow
i
R
R
M
r
.'��' 'rr�•Mu iYYi wT.IAIF�tlYWWl111�..� � u
OP M
Sk
+a.
lit
Lt
Mr �
R� yy
I
z
voii
o i i
..4%ps M 'w,wr OM wr+w,.val# 16 A F*
'� '� Ui,� Dry, ^��� ^a�, ..:, •s'��f„�.��rii,r,cyr�� '�. � ,wM�, r� ,,,��� i� µ.���;,
A lip I lip
ril ,WA+,MI 9 b w a,,,, mw6 rrEf.I a M
VI IA
'Ol
W� �4 r„ NMI
mmpowy &4
13
all
J
,
F �
l�
'b u ! � � Hof i � J y o ✓ „ff ' I I, u<�
4 � f
^ ICHAI
i
� to
NO M
i
Y
f
i
w h
w
" N y
woo 81A
N74rO4'OJ'*t
'� 4.3 i�F�
u
QGMW CO
�p
lIllworf, -A!
a
l
M.: r
WMAW
Oro WN of
T*"AP AREA 6
y
v
I V
i
pI
w
N a010
I, A
0*6
Ow
00
j
F
pAO
r � ,, ✓ lrr I � �r
r
a
r
i
I
e /f
�e
ri,,,,i pi.!/?[j;, ;rliO Ylf' ''%r'ff✓i<�(„ r,o,{,,�qr,G �Cli{��H�i i/rig r �zr G r V.',& ,"'� ''�, '- �• ^�'I��'�'N..�Im N �, MM 1I
�1M s,+NM■0, +w'�w "" a III moqi Jell U OF o-a,11,.1*w
"%I iW'N O�p ,,,11 w+41+N'M1,�' �F �" N w,�M �'� �w�,1M�yi'�r w ll
I
JT it,
NiIY
'PI �
rc
ra
,
ou,
a
r
I
� u �
,
I
%NlIo
r
I d;
1,
1,
go
0� lip
ONNI
NOW
I
w
1,
k yay'rNw *.qN, 01 e fly N'
�� waNb' N e
ENIOMMOMEW NCI
I; `
.4 lip
' i r
Imw
N N w N NAI
'Ile 014
SAW
�pN
wNl
6 � ,
,
13
I ;
C7 '
44 7 I
.14 11 ,1 " s1r Ry
CC"
if
A � n
1 M WN OF NOR"AMP OVER
24# Lol,
(f 49.29,*AONI
Al
r u
1, w
I
w
,
,uyR ti KAI w �i �, H"
F Nr
m
Mix
emon
Ao
ow-
i�
91s� ui�p��y�
r,
A
10����
ter_•
m
41t-V Al too
IIIIIIIIIIIIIIILIIIIIL
WWI
_ rIV
t
-.F
TI.. _. _. _, "� max• _._ x _ <-�e - - - � � 5 -Wk 4'
}
l _
e
AMR s
Milt -
a
Sam AV,EX
Arl
s
e �
IMF v PC MW
f
s — ,
Ali it, all dN,
is 3
r
■' ,
e
- EL
of
(AV
of
p - _
Aku
-- U.
loam
eea
3€Tlb
IF
l �
i€f
u
OVAEW_.. -
ef
1dtoWWI
n
VIP
I STORY
Mir^ BLOCK do Aw
AW
V pro
g
= l
` E
y -
'`, me law
lift S.
4 �lqtv -
.. A, fib
b
r
Vn
PADe _
7'. 7s 6 .. '
z
s._ 4
Al - _
f'
fie
Al
..
a
to %a N
i
N 0
N N M lb
'
Ln
A'
rMIN
i
� I
i
Fin
EiR 114
N 4*
1 V
i
I
I I
i
P
I I
!
I f
94
v4 LA
I
e
t I
I
E?N f
I
t
� I
I
MN
i
I
G
I
f
I �
Nam;
I
0
I
on N Ln Ln
i
j
"" rtc.
i
to cm mi
I
I
, P*+ , r% oil
i
04,
I
ro so, LA ch
i
1 3 M
I
i
I
f
j
I
I
I
I
w f
I
I
r
I
i
EXHIBIT
SITE PLAN
i
i
}
}
f
3
k
k
k
4100 1 ;v Site Plan Review&Parking Special P nnits Ivyeinorandum Planning Board
24
IL
k is -.
All
DJ'.
ks
1p
y�
41
H90
* 5
5
1
i
-��
4
` # i _ aIlk
F _
IL at x �
pre 04F4
• �l
to
ok
4 a`���1� .�■�l 5 +
�L
5
r14 49t.1$$-..— t IL
3CEO
IDT
x ' 13
4
PL
11 #1#I]34
f
roll
x
€ 94
eAr +
1
4po
Raw
-
} 1.
LU
iz
i pilug!WMA
IV V
;+
{ tl
Ir
ISE P.
.
RA
6I
r4
4
I
'r
r
r