HomeMy WebLinkAbout2021-01-19 Application Site Plan Review SP r
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OPI A N N
I N`G" PDAEPARTMENT
Communfty_4_�conomic Development Division
Special Permit,-, Sits Plan Review, Application
............
Pleasetype or print clearly.
. Petitioner: Crosspoint Associates, I ��
Petitioner's Address: 188 Needhalm Street Suite 255 Newton MA 012464
telephone number: (5,08)655- 55
2.Owners,of'the Land: Lod 3 —Y.R. Limited Partnership
Address: 92 Rout,Rout,e 1,01 West, Bedford,New Hampshire 031101
Number of years of ownership: 22
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Owners of the Lard. Lot 3 Thom s eves,Restaurant Inc.
Address: Box 155, North Andover, ' sac s 01845
Number of years of ownership: 72,
3.Year lot was create!: 1971 (Lot 32 end 1,93 391)
. Description of Proposed Project:
Ple
as narrative.
5. Description Premises,:
Premises currently are im roved with two structures one housing rt el' Restaurant and theother housing Ethan
Allien and other retail stores, The Premises are at the cornier of Routes 114 and 125.
6.Address of'Property Being A ffected:419&435 Andover Street
Zoning District: Garay Business
J
Assessors Map:2�4 Lot# 32&39,
Registry of Deady: Book : 5288 Page#1- 221
Book 6 age 553 (Lot 39
'. Exis l Lot.-
Lot Area(Sq. Ft,)B 1161672 Building Weight: 53.,3
Street Frontage:396,8 Side Setbacks,: 31.6
Front Setback:,37, ear Setback: N/A
Floor Area, tl : 1 A Lot Coverage: 25.7
B.Proposed Lot It applicable):
Lot Area(Sq., Ft): I 16,,672 Building Height: <45,feet
Street,Frontage:3961,8 Feet Side Setbacks: 25 feat
Front Sat�b 1 34.1 feet Rear Setback,,.,l N/A
Floor Area,Ratio: 1' of Coverage: 14,51%,
Page 1 of 2
120 Mauve Street North Andover, Massachusetts 01845
Front Setback:34A Rear Setback:NLA,.
Floor Area Ratio;_ flA Lot Coverage:1 . %
g.Required Lot as required by Zoning Bylaw):
Lot Area . l**25,000, B ildin Height:45 feet
Street Frontage:12 1 feet Side setbacks.25140.feet
Front Setback:25 feet Rear Setback:35150
fee
Floor Area Ratios ifA Lot Coverage: 10
10,ExIsOng Building if applicable):
Ground Floor Sq,Ft):20881610 of Floors:
Total Sq. *: 8 Height:a �
Uses. est ra tlretal,[ Type of Construction*
11.Proposed Building:
Ground Floor Sq.Ft,),,,ZIL0013352J61030 #of Floors:
Total Sq, f.; , 8 __ I e 1 feet i
Use; Jell office. ank restauran coffee hype of onstr on:
12,has tern been
previous l cation for a Special Permit from the Planning Board on these premises?
o If so,when and for whattype of construction?
13,Section of Zoning Bylaw that Special Permit is e!ng Requested 19 .
14.Petitioner and Landowner s gnature s ;
Every aplladon for a Special Permit skull be made on this fora, which is the ofciai form of the Planning
Board.Eve li ation shall a filed with the Town Clerk's office It shall be the responsibility of the eti r�er
r � � � � � � dated co of this ilat�on received to fu ss all sup orfin doc ment bon with this application. The da copy p
the Town Clerk Cler� or Planning Office does not absolve the applicant from this r sponsi lity.The pefifioner shall
be responsible for all expenses for filing and legal notification.Failure to comply At appiica#ion requirements,,
p as cited herein and in the Planning Board Rules and Regulafions may result in a dismissal by the Planning
Board of this applic s incomplete.
e kt�onees Sign atu
hint or a rrne hare.
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701
7��7
ons Signature:
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print or type name here:
N please 11 st title of plansand documents you will be attaching to this
a
ilcatkon see attached
appPlla e 2 of 2
120 Main Street North Andover, Massachusetts 01845
Phone. 978.688.9535 Fax: 978.688.9542 Web: mm.north_4 d v r..R .
Thompson's Restaurant Inc. of Noilh Andover
900 Cummings Center, Suite 202T
Beverly, VIA 1915
October 165 2020
Town of North Andover Planning hoard
Attn Planning kept,
120 Main Street
North Andover, Massachusetts 01845
RE: Planning Board Applications for Property at 435 Andover St.,No. Andover, MA
To'the North Andover Planning Board:
This will confirm that the Owner of 435 Andover St.,No. Andover, I `hom on'
Restaurant Inc, of North Andover) has granted CRoSSPoINT ACQUISITIONS LLC
permission and authorization to file with the Town of North Andover such lance use
permit applications as CROSS POINT ACQUISITIONS ITC may choose. W
understand that CRoSSP INT ACQUISITIONS ITC has engaged Attorney Mark
Johnson and Johnson& Borenstein to represent CR S S oINT ACQUISITIONS ITC
and said lave firm and Attorney Mark Johnson are authorized to file with the North
Andover Planning Board any and all Applications relating to CRoSSI oINT
ACQUISITIONS LLC s proposed Pans for 435 Andover St.,No, Andover, MA..
Should you have any questions require any ether inforrnation, please do not hesitate
contact u .
Thom sore's Restaurant Inc. of North Andover
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Stuart Thompson, resid t and Treasurer
Y. R. Limited Partnership
192 ROUTE 1 01 WEST
Bed 'ord,N , 03110
October 16, 2020
Town of North Andover Planning Board
Ann Planning Dept.
120 Main Street
North Andover, Massachusetts o 1845
RE: Planning Board Applications for Property at 419 Andover St.,No. Andover, M.A.
To the North Andover Planning Board:
This will confirm that the Owner of 419 Andover St.,No. Andover, MA Y.R. Limited
Partnership y virtue of Deed recorded at Book 5288, Page 221 has granted
CROSSP INT ACQUISITIONS LLC permission and authorization to file with the
Tom.of North Andover such land use permit applications as CRoSSINT
ACQUISITIONS LLC may choose. We understand that CR SS oINT
ACQUISITIONS LLC has engaged Attorney Mark Johnson and Johnson& l or nst in
o represent CROSSPOINT ACQUISITIONS LLC and said law firm and Attorney Mar
Johnson are authorized to file with the North Andover Planning Board any and all
Applications relating to CRoSSofNT ACQUISITIONS ECUs proposed Plans for 419
Andover St.,No. Andover, MA.
Should you have any questions require any further information,please do not hesitate
contact us.
cj)
On ehalf of Y. Vmited Partnership
Filed
i Date Filed : 7/1 1 17 04: : 0 Pm
Effective Date: 7/18J 017 04:30:00 P
Piling :3630546 Wages
Business ID:305732
William M.Gardner
"ENDMENT TO CERTIFICATE OF LIMITED PARTNERSH Secretary of State
URSUANT T RSA 30 - :9 tat o� c ��� �17xrc
FM�ST: The name of the line ted partnersl p 's YR LM ED PARTNERSHW.
SECOND: The.Entity Creation Date was December 22, 1998.
Effective as of the date this Amendment to Certificate of Limited Partnership is
received and approved, the new Registered Agent of Y.LIMITED
PARTNERSHIP is
Matter Yaovais
FOURTH: Effective as of the date this Amendment to Certificate of Limited Partnership is
received and approved, the new address of the Registered Agent of YR LMTE
PARTNERSHIP i
192 Route 10 1 west
Bedford,NH 03110
Signature: 2 rz//9
Typed Name,.- tter aova rstee o The
attdhe Yakova is Revocable'frost of
21
Title: General Partneir
Date Signed:
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LIST of DOCUMENTS INCLUDED IN
APPLICATION CROSS POINT ASSOCIATES,INC.
ALTA Survey by Control Point Associates, Inc. dated February 26, 2020
Civil Plans by Bohlen•Engineering dated October 22,2020
• Cover Sheet C-10 1
• General Notes Sheet C-102
• Demolition Plan C-201
• Site Layout Plan C-3 01
• Grading and Drainage Plan C-401
• Utility Plan C-501
• Erosion and Sediment Control Plan C- 01
• Erosion and Sediment Control Notes and Details is C- o2
Landscape Plan -100
Landscape Notes and Details -101
• Lighting Plan -too
• Detail Sheet C-901
Detail Sheet C-902
Detail Sheet C-90
Detail Sheet C-904
Drainage Report by Kohler Engineering dated October 22, 2020
Architectural Plans by Phase Zero resign dated October 22, 2020
• Proposed Building A.Floor Plan
• Proposed Building A Elevations 4 sides)
Prototypical Elevations for Bark
Traffic Impact Assessment Report by Yana se &Associates, Inc dated October 22, 2020
ADDENDUM TO APPLICATION CROSSPOINT ASSOCIATES.,.-INC.
419/43 5 ANDOVER S T N O T ANDOVER
Petitioner Crosspolrrt Associates, Inc. "Crosspol t" seeks site plan approval t
redevelop the properties located at 4I and 435 Andover Street (the "Property").. The Property is
currently the site of Bertucci's Restaurant("Building 2"), and Ethan Allen and the Bliss Spa and
Salon C'Building I"). Building 1 currently occupies 24,088 square feet and Building 2 occupies
6,030 square feet. Crosspoint proposes to redevelop the Property by demolishing Building 1 and
constructing two smaller buildings with a total square footage 6f 10,852 square feet to house new
commercial tenants. The new buildings will conform to the latest building code, improving the
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fire safety of the site. Building 2 will remain. The proposal significantly reduces the building
massing on site. There will be four businesses on the Property: the existing r ert eei' , a coffee
shop, a medical ogee, and a bank. Both the coffee shop and the bank will have drive-thrus. The
proposed design includes new site lights throughout the property as well as an outdoor patio
adjacent to the coffee shop, the installation of an improved stormwater mitigation system, and
improved landscaping on site. The proposed use of the property is by right in the General
Business Zoning District.
The proposed site plan meets the requirement of§ 9 - 0.'7 of the Bylaw. The proposed
site plan conforms to the Zoning Bylaw, with the exception of parking, which is the subject o
the special permit application. The use i r substantially the same as the existing use, and is the
most appropriate use of the property.Neighboring properties are protected with the installation
o improved landscaping and buffers. Are improved, updated storm ter management system
will he installed to address on-site drainage. Public utilities are available at the site. The
proposed development will not have a greater impact on the surrounding area resulting from
higher noise, dust, smoke, or vibration levels than the current ruses. The building coverage
percentage will decrease, as will the general building massing, 'improving the aesthetics of the
site,preventing overcrowding, and ensuring adequate light and air. As discussed further below,
the curb cuts will be minimized and relocated to improve traffic patterns, lessening traffic
congestion.
Pursuant to § 1 - .11 of the Zoning bylaw, site plan review is required. Crosspo nt also
concurrently seeks a special permit to allow a reduction in the number of parking spaces and the
use of compact spaces pursuant to § 1 - . . The Planning Board may grant a special permit to
modify the parking requirements. The proposal will provide adequate parking to meet the needs
of persons employed at or making use of such structures, will maximize the efficiencies of
parking facilities and uses, ensures that the land does not create hazards for pedestrians and
abutters, reduces congestion and contributes to traffic safety, accommodates all vehicles queuing
on site, and provides a better site design than the current use of the property. The site is are
appropriate location for the proposed retail commercial uses,which are consistent with other
uses in the area and with the general zoning district. The redevelopment will not adversely affect
the neighborhood and will provide additional, improved services for those who live and work in
the area.
The redevelopment will not create a nuisance or hazard to vehicles or pedestrians, and
provides adequate facilities for the proposed use. The proposal will not lead to an increase in
traffic volumes or traffic congestion. The proposal improves the on-site traffic patterns, and
avoids unsafe conflicts between motor vehicles and pedestrian traffic. with the inclusion of a
drive-thrru window for both the proposed bank and coffee shop,the design allows the businesses
to serve more quickly the public and send them on their way. The proposed drive-thru design for
both new buildings accommodates all vehicle queues completely within the property to avoid
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backups on the public roadways. Additionally, pedestrians will be able to access the site from
both Route 114 and Route 125 and safely navigate the site. Granting the special permit is i
harmony with the general purpose and intent of this bylaw.
The proposed development will provide 139 parking spaces where 159 is required. The
existing site has 120 parking spaces, therefore the proposal will provide more parking than
currently provided. Approximately 0 of the proposed spaces are compact; they do not meet
the dimensional requirements of§ 19 - . . These spaces are predominantly existing spaces for
ertucci's Restaurant, and will remain as they currently are. Six new spaces will be compact.
The use of compact spaces permits the applicant to provide additional parting spaces.
Crosspoint's certified professional engineer has designed the site plan incorporat*ng these
compact spaces. Pursuant to § 19 - . 2 , the planning Board may modify the design
requirements of the parking ing design provisions. Crosspoint requests that the Board approve the
use of the compaet parking spaces as shown on the attached site plan.
Additionally,pursuant to § 19 - . , where there are multiple uses that require
parking,the number of parking spaces ordinarily required may be reduced below the surer
required for the separate uses provided that the "hours, days, or peak parking or loading demands
for the uses are so different that a lower total will provide adequately for all uses or activities
served by the parting facility or loading bay, and that the location of the parking facility in
relation to the uses proposed to be seared by it is appropriate."The proposed development meets
this standard.
Crosspoint has conducted a Parking Demand Calculation with respect to the utilization of
the proposed 139 parking spaces. The average peak demand will he 89 spaces (weekdays at
noon), well below the provided 139 spaces. Saturdays at noon will have are average peak demand
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of 87 spaces. With a surplus of 50 spaces,the proposed development provides adequately for all
uses such that the Board may grant a special permit to modify the parking requirements pursuant
to § 19 -8.8.
Crosspoint will be working with the Department of Transportation with respect to the
curb cuts and other traffic improvements. The curb cuts accessing Route 125 are intended to be
moved further away from the intersection with Route 114, and there will be a reduction and
relocation of the curb cuts accessing Route 114. Crosspoint intends the reconfiguration of thesite
to work In harmony with the proposed MassDOT improvements proposed for Route 114 and
Route 125 at this location, and to provide improved pedestrian connectivity to the public roads
and abutting properties. Crosspoint has begun discussions with Mss 'with respect to the
'Property and proposed site plan.
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WARI1't` B..K 5 2..88 PG 221
KNOW-ALL MEIN BY THESE PRESENTS:
THAT 1.Matthew Yakovalds, of 39 Juniper Drive, Amherst, County of HW8-
borough and State of New Hampshire, and we, Jaynes S. Yal ovakis and Dorothy L.
Yal ova s, husband and wife, of 179 Salmon Street,Manchester. County OfHfllsboro gh
and State ofNew Hampshire,mortgagors,for consideration paid,grant to Y.R. United
putnership, a fruited p&ftwshjp organized under-the laws of New Hampshire, with its
rye a lace of bos borough and
s at 2 Route 1 1 W�Bedford.,County of Mls
State of New Hmp" ,with WARRANTY COVENANTS:
eel parcel o land with bugdings thereon situated in North Andover,Massa-
chusetts shorn as parcels A and 13 on a plan entitled "Plan of Land in North Andover,
Massuhusdb owned by The fumiture B&rrj� Inc,"" y Charles C.-Martin,Roistered end
Surveyor, ten ber 1970, recorded in the Essex North District egiS"df ids as plan
number 6424, s d pr nn ws being more Particularly bounded and described as follows;
Binning at an iron post on the westerly or northwesterly side of Andover SOW
one hundred forty-three WW 1 -t hundredths 1 . 2 feet, more orless, southwester-
ly from a Ma achnaetts highway boundary marker;thence DEC 28*98 ,
13
Turning and rune g S 20 27"" 051'W along the westerly side of said Andover
Street,two hundred seven and fly.,nine hundredths 27. 9 Feet to an iron post;thence
Tuning and i nning N 1 2 ' 3 ''W along boundary of Thompson eAaurant�
Inc. two h nd.md ninety-three and two hundredtt(293.02)feet to an iron post at Turnpike
Street-thence
Turrdng and running 135 44'_55"W along the southerly line of said Tumpike
Street one hundred eleven and-seventy-two-hundredths (11.72) an iron post;thence
Turnand nm�g N 47 o' 2 "B along land.now or fornerlyy of Red Squire
Realty Tit, two-hundred forty-.nine and twenty-tiro hundredths(249.22)feet to a stake-,
thence
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Tuming and wnning S 66 10' 55"E a distance of two hundred sixty-five and
run -seven hundredths .97 feet to the point of b4nning at North Andover Street.
-Meaning and intending to convey Parcel A and Pareel B as shown on squid plan and
being the same premim conveyed by Andover Interiors, Inc, to Matthew Yakovakis and
erAs'e Yal ovakis by deed dated DecemberN, 1977 and recorded t Volume Ug 1977 ,
page-70 in the Ewx North District Registry of Deeds-and of Andover terirs� Inc. to
I 771 .=W Y4 K0 VA el S
�� -TV ev/opt b/Z
BK 5288 PG 222
imes .S. Yakovalds and Dorothy.L. Yakovalds, by.deed dated Dev er;1. l 7.7...........
and recorded at' olurrwe 3,2 page %it in the Essex North District Relostry of Deeds.
Said premises we conveyed subject to certain cements, conditions and restr"ctions
set forth a deed of Ethel K Fromm to George F. Thompson dated November 19, 1941,
recorded at book 647,, page 509, a deed from Ethel M. Freedom to Wfdter S. Gr er
Trustee et al, dated May 31, 1967,recorded at Book 1083,page 16, deed of The Future
Inc. dated May967 recorded at Book 1083,,page 17,as ceded by an agree-
ment dated April 14, 1970, recorded at Book 115 1,page 239, and an easement for water
line construction and r aintenance to the Town of Andover dated June 12, 1967 rewrded at
Book 1084, page 140.
'these prwim are not subject to Homestead Rights, This is a nor-co tractnraal
transfer, and no consideration is changing herds.
WITNESS our ids and wals this 21 st day of December,ber, 1998.
Witness:
7)lz2oLA
M ew o# ;
James S. Uovalis
f
or ovals
THE STATE OF NEW RAWSHME
HILLSBOROUGK SS.
On this the 21sy day of Dwember, 1998,before me, the undersigned officer,
{p personally appeared Matthew Yakovadds, Janes. S. Yakovakis, and Dorothy L. Ya ovalds,
f f i #
known to me to be the persons whose names are subscribed to the�r s me t, and
acknowledged that they executed the wne for the purposes therein conta ed.
Justice of the PeaceJ Not bfic WNW L LrYtNOLKY POW
My ownWw Dom NaawrAw 14 tM
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DEED
ANDOVER INTERIM, NC%a a corporibtion duly grganized under
the laws of the State of NowRamps-hire, having its principal
r
Place of businana at North Andover Street, North Andovor, County
f Essex and v onwoalth of VAAsachonotte for considoration paidt
(1;1%2�,K0 oo)
grants t Att ev akovakis and bonfoo Yakovakis huab.and and Wifool-
of 26 dunipor Drive, Arnharat,, County of Hillsborough and Stato of
Naw Hampshlre,, as JoLnt tenants, with rights of surviv rshig and
not as tonants in comon# v1th warranty covonants, are undivided
n -P a Into eat in and tot
A Sartain parcel of lard with buildings thereon situa4d in
North Andover, Hamchusatts shown as parco • A and 8 on a plan
antitied Plan of bard in North Andovert Most owned by The
rniture Soria, Inc." by Charles Co raartinp Registered LarA out-
, ayor, September 1970t rocorded In the Essex North District
lHoulatry of Deeds aye plan number & id remises basin Oro
� � g
particularly bounded and described as lellawar
no inning at an Iron post on tho x aterl► or northwest rly
Iside ot hMovor Str ot,ona h ndro is y-th rea and thirty*-trio
Nndredths (143.32) fecto more or less, aouthwestcrly from
assachusotts highway boundary mark ri thence
rning and running S 200279050 W along the wostarly aide
f said Andovor Street, two hundrod sevon and fifty-nino bun#
.d rodths {2 7.59� fact to an iron pootj thon e
Tsjrntng and running N 810 81301 W AloAl boundary of Thompson
estauranto Inc. two hundred nLnot -thr a and two h ndredthd
3 . fact to an iron post at Turnpike Strooty thence
Turning and running N 3S*441550 W along the southerly l no
.ref said Turnpike Street one hundred eleven and sovont -pure
#►undredths (1 1.7 ) foot to an iron post] thence
' irnin and running H 470401200 E along lard now or formarlyr
of Red Squire Roalty Trost, two bunOvod forty-nine ar t nt »
' itwa hundr dths ( 49.2 ) foot to a stakei them
-Ain and runni '610' " a dietan o of two hundrod
!Fixty"f4va and nLnetyeaeven hundredths ( S.97►) foot to tho +
;point of i egirming at North Andover stroeto
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' } tF'µ - `r +�++ i'+ #.+ �#i4� rt,r �}4'+' .� F4 "*4FwhS#f? '*+ ♦;tiYRct':yr"`+}i+.t-'IF'.7#Rii`.tfa
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� ■s� „n is
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H08nLnq and intending t conve -Forcel A arj4 parcel B as
a#►ot ► ors sal plan and being the same Premisoo conveyed to Vurni-
ture barno Inc, . " #
by did �� tltol �I �s���►an� dated day � ll,
rcoordod in the Eseox worth District Rogistry Of Doods at Volumo
# Pago 305* and deed of Sthol 14. Freeman. dated Jon* 22o 1 71.
. ro ordcd at Volu o 11731 Pago 556 in the Easox North District �
Dcgi►stry of Deods,
F Said promises Are conveyed aubject to certain ea3ementej
aondltlans o - oatrictlone o f forth in a dead of Zthql Mo
Proeman to George F. Thompson datod November 19, 1941, recorded R
at Book 7,' page 509, a deed from Ethel H, Freeman to waltor 9, "
Green, Trustoo ab als dated May 11# 1967 recorded at Book 1083# �
arjo 1 , deed ( Futnituto 11arn, Inc. da tod May 31 f 1967 rea �
Oor'e'Od at Dook-1083, paga 17> an amondod by are agroomont dated �
` April 14, 1 70o tacord d at Book it 1, pago 2390 and an casomen � .
t
- � f0c wtr lino cortettucton and atntoance to the Tbwn o .
And vor dat d Jun&' 1 , 1967 recordod at book 1004, page 140,
lei wimss wHEREor, the said Andover Interiors, Inc. has
{
casod its corporate scat to be hereunto affixed and these pro*
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' sonts to ha signed, Acknowledged ard dolivered In its name and r
+ b9half by Hatthowkovakio# its 1?rasident horoto duly author-
ized thin ..� day of-ftcombort 1977,
!
Sign d and cooled in the.presonce A.
oft AN DOV EB I RTC R XOR � '
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THU STATE OP NEW NAMPSHIRS + � '# its ttit►+�+tip'
F i por4ofthkly &Ppoared the above ftened Hatt on UkovaLkiwa ;
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Prosidont af AW&valc Zntorlarej, Im, 4or4 acknowledged tho foram
• going to be the free act "over Intoriorep Ira.
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