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Home My WebLink About2009-03-20 Insubstantial Change SPR AB0VE FOR-REGISTRY O.F DE,EDS USE OA1EY CO VER SHEET THIS IS THE FIRST PAGE OF THIS DOCUMENT DO .NOT 1 _EM0V.z,, GRANTOR GRANTEE jolt - ' 12 -3 M191r,) ,5-"0zer ADDRESS OF PROPERTY CITY/TOWN 2 TYPE OF DOCUMENT k MLC ASSIGNM ENT DEED TYPE 6D MORTGAGE NOTICE DISCHARGE SUBOR TYPE DINATION AFFIDAVIT CERT DEC OF ROMESTEA UCC D TYPE TYPE DEC OF TRUST OTHER DESCRIBE Essex North Registry of Deeds Robert F. Kelley, Register 354 Merrimack St. Suite 304 Lawrence, MA 01843 (978) 683-2745 www.lawrencedeeds.com Nob Tk OF 4P ,4"Mo Town of North Andover 2' a! a "•. 4 O A Office of the Planning Department ?��;;x; ?ts x �,Z r Community Development and Services Division �iqs^�reo•°�,�d`� 1600 Osgood Street SA[HUS North Andover, Massachusetts 01845 NOTICE OF DECISION (INSUBSTANTIAL CHANGE) Date of Decision: March 20,2009 Application of: San Lau Realty Trust 109 Main Street,North Andover, MA 01845 Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the Geneva! Business Zoning District, Assessors Map 28, Parcel 48. i HISTORY AND BACKGROUND On or about January 19, 2007, the Applicant, San Lau Realty Trust filed an Application for Site Plan Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover Zoning Bylaws. On May 1,2007,the Planning Board unanimously voted to grant the Applicant a Site Plan Review Special Permit for the Premises affected, and proceeded to issue a Special Permit Decision approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District Registry of Deeds in Book 10802, Page 304, as affected by: (a)a Letter to San Lau Realty Trust, dated August 16, 2007 (which clarified signage as it relates to the portion of the building containing the CVS Pharmacy Stare); € recorded with said Deeds in Book 10941, Page 348 (the"CVS Signage Determination"); (b) a Notice of Decision(Insubstantial Change),dated August 22, 2007 (which related to the relocation of the dumpster and modifications to the drive-up facility), issued by the North Andover Town Planner, recorded with said Deeds in Book 10941,Page 345 (the"CVS L•)r:vc Up Determination"); and, (c) a Notice of Decision (Insubstantial Change), dated June 25, 1 OX" (which related signage on the portion of the building unrelated to the CVS Phanniacy Score. as well as landscaping and other enhancements), recorded with said Deeds in Book 11930, PaC; 291 (the"Additional Signage Determination"). By letter, dated March 17,2009 (the "Determination Request Letter"),the Applicant (through its legal counsel) requested a determination of insubstantial change with respect to certain proposed adjustments to the approved Site Plans in accordance with the Site Plan Special Permit Decision, as well as Section 8.3 of the North Andover Zoning Bylaws, which authorize the Town Planner to snake a determination of whether certain changes to the site plans constitute substantial changes. Specifically, and as outlined in the Determination Request "Letter, the proposed plan adjustments are primarily safety-related and are based upon operational experience of the Applicant since the Fall, 2008, and relate to: (1)the adjustment to site access and curbing along the Main Street entrance; (2) improvements to sidewalk,tree plantings, lighting and landscaping along First Street; (3) the installation of a proposed freestanding sign at the Main Street entrance; and, (4) modification on parking lot islands to t �S�Tth the pay�ci,)g lot A TrL,(' ("01) , Town C lerk i 109-123 Main Street—San Lau Realty Map 28,Parcel 48 Site Plan Special Permit(tnsubstantial Change Decision) June 25,2008 along Main Street, all as shown on a plan entitled"Messina's Shopping Center, Site Improvement Plan,"dated January 19, 2007 (Rev. December 31, 2008),prepared by Huntress Associates, Inc. (the"Site Plan'), as well as plan of the proposed freestanding sign entitled "Messina's Shopping Center Renovation Project, Pylon Sign Elevation,"dated December 11, 2008, prepared by H.H. Morant& Co., Inca("Sign Plan"). FINDINGS OF FACT Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw, I have reviewed the Determination Request Letter with regard to proposed adjustments to be made to the approved Site Plans identified in the above-referenced Site Plan Special Permit Decision and prior determinations, met with the Applicant and its consultants concerning proposed improvements,and undertook a site visit to examine the locations of the proposed improvements. Based upon the foregoing,and after consultation with the Building Commissioner, I have determined that the proposed plan adjustments shown on the plans entitled entitled"Messina's Shopping Center, Site Improvement Plan,"dated January 19, 2007 (Rev. December 31, 2008), prepared by Huntress Associates, Inc. (the "Site Plan"), as well as a plan of the proposed freestanding sign entitled "Messina's Shopping Center Renovation Project, Pylon Sign Elevation,"dated December 11, 2008,prepared by H.H. Morant& Co., Inc. ("Sign Plan"). are not substantial changes but are in fact minor, insubstantial changes, subject to the. following conditions. CONDITIONS The Town Planner's finding of no substantial change is conditioned on the following: 1. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be provided to the Planning Department; and, 2. Except as modified as described above,the Site Plan Decision,as modified by the CVS Signage Determination, CVS Drive Up Determination and Additional Sign Determination, shall remain in full force and effect. Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with the Site Plans referenced in the Special Permit Decision, as modified by the decisions and related plans referenced herein. Town of North Andover Planning Department Judith M. Tymon +Town Planner Dated: March 20, 2009 2