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HomeMy WebLinkAbout2004-04-22 Decision SPR 8 K 89 �8 5OG 171, q)Town of North Andover �('��t�`6 Office of the Planning Did partnjent Cominunity Developnient and Services Division 27 Charles Street North Andover M,-tssjohusetts Julie ParTino Town Planner Telephone(978)688-9535 Fax(978)688-9542 Notice:of:D.ecbion Any SPPORI-shaU be Mod We is to vorft that tmnt Y(4)vat's Within.(20)d9y9 after the h9qp-oW. sa.d:Wom-date of-doolsion,filed wwMtfill�­0 d:an A a,Date-of filing this Notice In the:Offlce®f the Town Clerk TWI 014rk ti Date.- April 22, 206? Date of Hearffig.* November 18, 2003, Dec-ember 2, 2003,January 6, 2004 4nuwy 20, 2004, Februuy 3, 2004 Fehuary 17,2004, Match 2,2004 March 23, 2004 Decision: April 20, 2004: Petition ref; Peters Street Reality Trust, LLC c/o Eagle Tribune Publishing Co ., wo Turnpike Street,North Andover, MA 01845 Premises affected: Route 114&Peter Sit Referring to the above petition for a.spggial peMit from the requiremments of the�Norjh Andover Zoning Bylaw-Sections 8-3 103' J and 1.0.31. I I So as to SHOW: the construction of a 14,768 square fbot retail CVS/Phummy After a pabUc hearing given on the above date, the Pla -to AIPP.RoVE the Speeial Permit for Site Plan Review,bued upon the fib'lw. 0/vooditlo­Is: sign CC: Applicant rge White,Vice Chairman Engineer VeNpe Schw&M Clerk Abutters John Sims DPW James Phinney Building Department Conservation Department A W.ri,,q 11 Health Department A Truo Cop., ZBA OW rf f30-ARDOFAPPEAUSM-9541 BUILI)INGS688-9543 1 8-9510 IjL Ai;j'jj688-9540 PLANNING,­x,�5� 35' BK 8Q,_',?.Nr73 P8 17'2-` Site Plan R CVS—Route 114>faViiit6rt fti3;bt The P1'anning Board herein approves the Special PermiVSite Plan Review for the construction of a 14,768 +/- s.f. feet retail CVS/Pharmacy building. The building wi I-V" ]Qcatdd in the Qeneraf Business Zoning District and as shown on MAp. 24' Partel 81 which is:app(oXimately 2.86 acres in size. This Special Permit was requested:by Peters Street Realty Trust, ILLC C/O Eagle Tribune Publishing Co., 100 Turnpike Street, North:Andover, MA:011 846. This application was filed with the Planning Board on October 3, 2003. Th6-'aD;Aican.t submitted a complete 'Application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town of North, Andover Zoining Bylaw and MGL c.40A, sec. 9 The Manning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT, 1. The specific site is an appropriate locat'ion for tho projPct as it located in the General Business Zone and involves the construction of a Oarrnifted:-use within the gone. This property was rezoned at the M'' , 12, 2003 North Andover Annual Town Meeting from 4Y Business 4 to General-BusMess. -A copy of the approyaf f torh the'Atforn6Y General's Office a dated July 17, 2003 is on file at:1.heftrth Andover Plannihg DOpaitment, as-well as 'he Declaration of Protective Covenants, Conditions and Restrictions recorded at the Essex North Registry of Deeds as Book 7920, Page 328. 2. The use as developed eloped will not adversely affect the neighborhood as a sufficient buffer has been provided. All plantings ohd screaning dopleted:on thq::e 'provedpla Sheet C 5, Landscape Plan, dated Marc.111 24, 2004 releV6no6d-here.16, gh�ll rerna'ln jh po"tpatuity over the life of the project. a. R" .1 14. Frontagg.of.Proposed.:.Revelopment: Extensive landscaping has been U Iko". treet f provided Along the Route 114,"T ....... . "S"" rontage. The existing stone wall will be - relocated onto the subject property and will extended along the entire frontage of Route 114 to the CVS entranc"e/oxit or) Route 114. The wail will be two feet in height. Arched fieldstone walls will be constructed on. each side of the Route 114 entrance and exit ways. b, Peters Street. Extersive iandscaping will also be provided along the Peters Street frontage. Again, a two toot high stone W'all will run along the Peters Street frontage (on the property line) and arched landscaped fieldstone walls will be constructed at each side of the Peters Street entrance/exit. c. Abuftng Pro nerty-: Abutting properties consist of the Lawrence Eagle Tribune to the north and the United Methodist Church to the east. Landscaping has been provided along the property boundaries to create a landscaped buffer. A retaining wall will be constructed along the GVS and Church property boundary. d. 113ternall'landscaping: Landscaping will be provided within the parking islands and along the westerly, southerly and westerly edges of the building. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic data has been reviewed by the town's traffic consultant, VAL The applicant has provided two access/egress drives to the site: the right-in, right-out turn entrance off Route 1114, and the left.and right in turn and left and right out turn off Peters Street. The applicant will also be providing the following traffic mitigation: a. The applicant will remove the existing Concrete island located on Peters Street near the Route 114 Intersection and widen Peters Street to provide for a 26 foot wide eastbound lane and two 12 foot wide west bound lanes. b. The applicant will remove the existing pavement markings south of the Peters Street entrance/exit. Re-striping will allow for left turning tra,fic into the site and will allow traffic to pass on the right hand side. 4. The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw_ See Finding 92 for further detail on the landscaping plats. 5_ The site drainage system is designed in accordance with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting Engineer, fi/HF Design. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 7. Adequate and appropriate facilities will be provided for the:proper operation of the proposed use. The project will provide for municipal water, sewer area utli6ties on the property to adequately address the needs of the project. Furthermore, the design of the retaii facility contains design characteristics that are present in traditional torn centers, and nearby commercial projects in North Andover. The storefront contains numerous architectural design elements including decorative wood columns, brick piers, decorative wood pilasters, clapboards, wood lattice,false windows and false dormers. 8. The applicant is proposing to construct a continuous sidewalk system along the northerly edge of Peters Street down from the entrance/ekit, a long-tile eaterly edge of Route 114 down to the proposed new traffic light associated with the Eagtewocd Shops development. A pedestrian access/sidewalk system will 'be constructed on the abutting Eagle Tribune property and will provide pedestrian access from the southwesterly cornier of the Eagle T'rib;Une parking lot to the northWOsterly portion of the CV'S property. Pedestrian access will be provided throughout the interior of the site through crosswalks and a sift'valk system abutting the proposed building. Sidewalks located within the Right of way will be maintained by the Town of North Andover and sidewalks/pedestrian walkways located on private property wiil be maintained by the property owners. The Town will be granted an easement to maintain the sidewalks located in the Right of Way. g. F;nally the Planning Board finds that this project goneraliy complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35=but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the following conditions are met: SPECIAL COANDI"t IONS f. Construction Monitor: The applicant shall designate are independent Construction Monitor who shall be chosen in consultation with the Planning Oopartment. The Construction Monitor must be available upon four(4) fours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly reports shall detail area of Pon-compliance, if any and actions taken to resolve these issues. The designated monitor may not be applicant and/or developer. The weekly inspections and monthly reports provided to the Planning Department shall include the fallowing: a) site clearing; b) erosion control; c) stabilizationlerosion; d) drainage and detention structures; e) on-site water and sewer utilities; f) parking spaces and related pavement; g) curb cuts; 2 -. - --' --` .�"'-.�-:r.-.:�::'a�• .,.„".'�:'T'�':.-::..7'+'+T:�.'".•:° ------- -------- -- -.,-., .. - -- .- ant.�-s-.vra7.•:h.."'�-!",T.!:Ci:CKr..]+w�.�.-•.?�-FJ:•r;. .e - i h) retaining waits; i) $ite screening, landscaping and street trees; j} site restoration; k) final site cleanup. 2. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final plan must be reviewed and approved by the North Andover Department of Public Works, the town's outside engineering consultant, the Town Planner, and must be subsequently endorsed by the Planning Sdard. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A site opening/erosion control bond shall bo pos.ted (per agreement with the North Andover Planning Board) in the total amount of ten thousand ($10,000) dollars t9r the purpose of covering any contingencies:that might affect the publio welfare such as site- opening, clearing, erasion control and perforti�anoe of any other condition contained herein. The Guarantee shall be in the form of a check made payable to the Tov�n of North Andover escrow account. c) All site plan application and escrow fees must-be paid in fuli and verified by the Town Planner. 3. Prier to the start of construcfon: a) A pre-construction meeting shall be Feld with the applicant, Town Planner, Director of Engineering frOrn the Dtpartrnent of Public Works, and the designated Construction Monitor as listed in Condifloins #1. The purpose of this meting will be to review the phasing of the development and for the applicant to submit a construction schedule for the purpose of tracking the construction and informing the public of anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures and/br traffic mitigation which may occur as a result of the installation. b) During construction, the site must be k'ept clean and swept regularly throughout the construction process. Dust mitigation, dewatering and roadway clearing must be performed weekly, or more frequently as dictated by site and weather conditions and as directed by the Town Planner, c) The developer must coordinate with the Department of Public Works to perform inspectional services for the construction of this project. Inspectional services will include but are not limited to the following: installation of on site sewer, water and drainage Facilities, fill material installation, pavement, curbing and sidewalk installation, etc. d) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. e) It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition of Sall or sediment capon adjacent properties or public ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning Board shall give the developer written notice of any such finding and ten days to cure said condition. 3 f) Yellow "Caution" tape must be placed along the limit of clearing and grading as shown on the plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or clearirf on cite. g) A Performance Guarantee in an amount to be determined -by the North Andover Department of Public Works shall be posted to-ensure co" mpletlon of the work in accordance with the Plans approved as part of this cond[Ilona l'approval. The bond must be in the form acceptable to the:North Andover Planning Board. items covered by the Bond may include, but shall not be limited to: i) as-built drawings; ii) on-site sewers and utilities; ;ii) curb cuts and parking spaces; iv) lot and site erosion control; v) site screening and street trees; vi) drainage facilities, vii)site restoration; viii)final site cleanup. h) The applicant shall provide the Planning Board with copies of permits, plans and decisions received from all other town boards, comm.isslons or departments. In addilton to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from.s6)d:permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 22> i) Building permits must be obtained for retaining walls over 4'high. 4. Prior to FORM:fl verification(Building Permit tssivan ): a) The Planning Board roust endorse the final site plan mylars and three (3) copies of the signed plans roust be delivered to the Planning`Department. b) One certified copy of the recorded decision must be submitted to the Planning Department. c) A recorded copy of the temporary construction and :maintenance easement for the retaining wall to be constructed along the United Methodist Church property line must be submitted prior to issuance of a Building Permit. d) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: i) All structures must contain a commercial fire sprinkler systern. Tho plans and hydraulic calculations for each commercial system shall be submitted for review and approval by the North Andover Fire gepartment. Plans and hydraulic calculations for each commercial system roust also be supplied to the Building Department. e) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. f) The applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. g) Maintenance easements must be submitted.for Town maintenance of the sidewalks located within the Route 114 Right of Way. 4 ro'� �3 6 P�" E a. Y`�OmP i 4 Is"S 5. Prior t%verirficaWn of the CerdfiApte of Occppanpy: a) The applicant must submft a1etter froiri the architect and engineer of the project stating that ?be-bui,tl ng, signs, landscaping, lighting an&:slte myout substantiall} oogmply with the puns referenced at the end of this decision as endorsed by the Planning'board. b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting shall be built in accordance with the documentation and approved plans as referenced. c) All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon .hutting proporties or streets. The. Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by.the Planning Staff shall kip made at the owner's expense. All site lighting shall provide security-for the site and structure8 however It must not create any glare or project any light onto adjacent residential properties on oncoming traffic. d) The commercial fire sprinkler systeMS must be installed in accordance with referenced standard N PA 13D and In accordance with 780 QMR, Chapter 9 of the Massachusetts State Building Code. Certification that the syst&ms have been installed properly in accordance with the above referenced regulations must be provided from both the Noilh Andover IE°ire Department and the North Andover Building Department to the applicant. The applicant must then provide th.5 certification to the North Andover Planning Department. e) Any and all signage plans for the site which have been provided to the Planning Board during the site plan review process were presented for the materials of the signage only. Any signage plans must conforms to Section 8, Signage and Outdoor Lighting Regulations of the Town of North Andover Zon=ncg Bylaw and must be approved by the Building Department. In no way is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits must be obtained by the applicant prior to construction. Signage plans provided to the Planning Board are included in the plans referenced in Condition 22. f) The applicant must supply a copy of the approved Massachusetts Highway Department permits necessary for access and construction of the site to the Planning Department. Failure to obtain all the necessary Massachusetts Highway Department permits for construction and access to the site, in strict accordance with the approved plans, will result in denial of an occupancy permit for any and all buildings depicted in the plans referenced herein. In the event the Massachusetts Highway Department requires a change in the access/egress other than what was approved, the applicant may submit revised plans as referenced in Condition 22 contained herein. �. Prior to the final release of socurity. a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will'be added at the applicant's expense. 5 yv.—.,..,,r..r...... ....;;': •,riY:...:r...•........:...T.?LT??AT.!*+?T+._?::*.•:++r.*.-. ...-.zr=•.c. ^^ =va...-.:.=-r}.:,--- s:::ravtr�-...w.���a.�.����......... ...-W.— _ c � es� � 7" , 'L ` J �3 :' rn o°tc� xe F E b) A final as-built plan showing final topography,the location of all one site utilities, s#ructtfres, curb cuts, parking: spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works, c) Written certification from a Professional Engineer should be submitted in a letter signed and stamped from the Engineer stating all work has been conducted in accordance with the approved plans and. Special Perrolt. Any and all changes from the approved plans should be clearly noted in the certification letter. 7. Any stockpiling of materials (dirt, wood, ponstruction material, etc.) must:be shown on a plan and.roylewed and approved by the Planriinq'Steff. Any approved piles must remain covered at all times to minimize 'ariy dust problems that may occur with adjacent properties. Any stock piles to remain for longer than one week must be fenced off with Siltation fence and covered. B. In an effort to reduce noise levels, the applipant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site. 9. All site work and external construction activity shall be:llmited to between 7:00 a.m. and 7:00 p.m. Monday through Friday aiid between 8:00 a.m. and 5:00 p.m. on Saturday. 10. Any plants, trees or shrubs that .have been itrorporated into the landscape Flan approved In this decision that die shall be replaced by the owner. All plantings and screening depicted on the approved plans shall remain In perpetuity over the life of the project. Reasonable substitutions may be allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. The height of the specified plants must be messumO from f1hei grade, not from the base of the root ball. 111. The contractor shall contact Dig Safe at least 72 hcurs prior to co,mrnencing any excavation. 12. Gas, Telephone, Gable and Electric utilities shalt be installed underground as specified by the respective utility companies. is. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 14. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 1s, The provisions of this conditional approval shall apply to and be binding upon the applicant; its employees and all successors and assigns in interest or control, 16. All blasting shall be in complete compliance with regulations and procedures required by the North Andover fire Department. The applicant shall offer a pre-blast survey to any structure within 1000'of the blast site. 17. Al! snow storage that is stockpiled shall be located Lin the snow stockpile areas denoted on Sheet C-2 of the record plan revised March 24, 2004. Snow storage shalt not result in the loss of parking spaces except during prompt removal operations. if stockpile areas are not sufficient to handle the snow storage, snow must be removed from the site. 6 i i i 16. Truck deliveries for goods and merchandise Shall occur only between the hours of&a.m. And.11 p.m, seven days a week. 19. The reserve parking (total of d spaces), and parking areas are depicted on Sheets- C-2 through C-5. If the Town Planner deems that post construction traffic and parking conditions warrant additional parking, the Town Planner will require the applicant to appear in front of the Planning Board. The applicant will then make a presentation as to hour many parking spaces are being utilized and the Planning Board shall evaluate this data and determine the need for the applicant to construct-the reserve parking area. if the:Planning Board determines construction of the reserve parking area is warranted, the applicant shall construct the parking as depicted on referenced sheets. Failure to construct the reserve parking area as depicted on the referenced sheets will result in revocation of certificates of occupancies for any and all buildings referenced on the approved,plans. 20. The Planning Board expects that the project will be built in accordance with the herein referencod plans and specificaitions and in fall.accordance with the design elements and features displayed and rdiscussed during the Public Weal fings. Any revisions shall be submitted to the Town Planner for review in accordance with Section 8:3.8 of the Zoning Bylaw. If the Town Planner in his/tier sole discration deems these revisions to be substantial as defined in Section 3,3.8; the applicant must submit remised plans to the Planning Board for approval. 21. This Special Permit approval shall be deemed to have lapsed'aftar April 2Qfl,2M (two years from the date permit granted) unless subMantlal u'se or 'construction has commenced. Substanfiar use or construction will be deterrn ned by a majority vote of the Planning Board. 22. The following infon-nation shall be deemed part of the decision.: Application: Application for Site Plan Special Permit, dated October 3, 2003; Plans Titled: Proposed CV$/Pharrnacy Route 114, Borth Andover, MA Prepared For: Peters Street Realty Trust, LLC 0/0 Eagle Telbune Publlshing:Co. 100 Tumpike Street~ North Andover, MA 01845 Prepared By: Vanasse, Hanger Brustlin, Pnc. Scale: 1"00, Date. See below Sheets: CA bite P! Lri Cover $hmi, dated July 10, 2003, revised March 24, 2004; C-1, ! end and 29neral Llotes, dated JWy 10, 2003, revised March 24, 2004; C-2,gX9,ut.And Materfaja-Plan,dated July 10, 2003, revised March 24, 2004; C-3, 91ading, .Drainage and.grosign Contr9 me , dated July 30, 2003, revited'M rch 24,'2004; C-4, Utility,Plan, dated Jury 10, 2003, revised March 24,2004; C-5, dsc fil , dated July 10, 2003,.revised March 24, 2004; C- , Slte , dated July 10, 2003, revised March 24, 2004; CMT, Site - tis, dated July 10, 2003, revised March 24, 2004; C-8,aft Di:talls, dated July 10, 2003, revised March 24, 2004; C-9,Site_Det6fls, dated July 10,2003, revised March 24, 2004; 7 ..-�-..ter_ :: .tT,,.;,..T,•;rm'+i-?::*?:s r1-•-•:�!.5•^�:r5 ..^: ¢:-r:_{� .:.�z: ri-mrrr„n,.six.0:•:*..*.:w ...... x i CA10, Sfte:Details, dated July 10, 2003, revised Marcf124, 2004; Ca11, §At2"g 114,-dated July 10, 2003, revised March 24, 2004; C-12, Site 0ii1$,dated July 10, 2003, revised March 24, 2004; 6V-1. Exiethi :Cbaditfons..Plan of.Land, dated July 1, 2003, revisers July 7, 2003;' Concept 1 (3 sleets),dated February 5, 2004; F-1(P),Mgg atidlja Man,dated October 1, 2002; Eiavation's,:dated March 15, 2004; Cooyer Wjh ln6, dated January 25, 2004; A-1.1, F'io'Oe'Plan", dated July 6, 2003; Reprised She C-2, Layout and Materfais Ply, dated.March 24, 2004 displaying the 14' roadway width at-the Peters S$ri et entance; Reports Titled: Drainage/Stormwator Management Reporl Propos6d CVS/Pharrhacy North Andover, Massachusetts Prepared For: peters Street Realty gust, LLC Dated: October 2003, Revised February 2004 Prepared 13y: Vanasse Mangan Brustfin, Inc. Mass Highway Application for Penn(t to Access Stag Highway slated march 26, 2 ; Traffic Reviews/Mermorarrs urns: To. Peters Street Realty Fruit, LLO From: Patrick Dunford, P.9 ., VHB Dated: October 2, 2003 To: Karl Dubay, MHF Design From: Kahneth Cram, VAI Dated; November 11, 2003 To: Heidi Griffin, North Andover Community Development Director From: Patrick Dunford, P.E;., VHB Dated: December 23, 2003 To: Ails.Jude Parrino, From: Patrick Dunford, P.F., VHB Dated: February 9, 2004 To: Mr. Karl Dubay, MHF From. Kenneth Cram, VAI Dated: February 23, 2004 To: Julie Parrino, Town Planner From: Patrick Dunford, P.E. Dated: March 1, 2004 To: Mr. Karl Dubay, MHF From: Kenneth Cram, P.I ., VAI 8 I Dated: March 1 j 2004 Engineering Revie`v Memorandums: To: North Andover Planning Poard From: don Stephenson, P.E., VHB Dated:October 3,2003 (includes August 19,2003 memorandum from William Starck and October 2, 2003 Mernorandum prepared by V14B addressing fiscal impacts to North Andover.). To:Town of North Andover Planning Board From: KArl Dubay, P.E., MHF Dated: Novefnber 13,2003 To:Town of North Andover Planning Board From: Karl Dubay, P.E., 1 PIF Bated: December 31, 2003 To: Heidi Griffin, North Andover Community Developrnent Director Prom:Joni Stephenson, P.E. VHB Darted: December 23, 2003 To:Ms.Julie Parrino From: don Stephenson, P.E. VHS Dated: February 9, 2004 To.,Town of North Andover Planning Board From: Karl Dubay, P.E., MHF Dated: February 27, 2004 To:'down of North Andover Planning Board From: Karl Dubay, P.E., MI-lr= Dated: March 11, 2004 To:Julie Pardno,Town Planner From, Taylor Dowdy, P.E. VHl3 Dated: March 12,2004 To:Julia Parrino, Town Planner From: Jon Stephenson, VHB Dated: March 24, 2004 cc: Applicant Engineer File 9