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Home My WebLink About2005-11-15 Decision SPR own o North A d s T Of r '' , . `- `- * ` ° Office of the Planning Department DevelopmentCommuind'ty d Servicesi on � 0 LA awl 400 Osgood Street u North Andover,MassachusetW 01845 c Telepbone(978)698-9535 Lincoln Daley Pax(978)688- - own Planner • This Is to certify that twenty( 0)dam NOTICE OF DECISION have elapsed Rom date of decision,filed, without Ming of an appeal. L Dalo-A---P;efL- �t Joyce Fg- ohaw Any appeal shall be wed Town Clock WitWn(20)days aer the Date of Mg tis Notice n the mice of the'down Date*November , 005 Clerk tes oears: October 4,2005,October 1 ,2005,November 1,2W5,November 1 , 2W5 Petition oh- Mark Investinents, e.,54 IawnnetStrom Suite 203,Nan,Massachusetts 2 t Premises affected:North Andover Assessor's Map 27,Parcels 16, 17, 18, 1 ,207 'A 222F 23,2 Y . � ._ a ogre va or a as ors ��`i a �e axxerc� --- _ Refer tfit Distr'et Overlay. The application was noticed and reviewed in accordance with the procedures for .qpr vat described in Sections . , 0.3,10. 1,and 15 o .the To o Forth do er Z.o lac o and MGL e,40i see.9. ` a ' �--�square W�� b�� ,an 11. So as to allow.the construction .,295+- squaw foot buildingcogs' o � �, . �� and e� siv landscape work,. r oa above dates the lamg Board voted viol to ASV After public hearings ►ire � t �Plan a er c a %was Permit based upon t ie fo o� eoncRuan * 4 gne . Lincoia igqye Towdbanneer, For the 1'1a ni Board Richard Narde a Cb ao John sos,' ice Chairman .-- James Pie ,Clerk' c: . cast ' . berto Angles , ~ Engineer -a Jack Green Abutters 1 Richard Bowen,A tern DPW Building event Conservation Department ! ,T S ` * #•ti � ZBA Trite COPY � Tower.Clerk BOARD OF APB' AIS 89- 541 BUILDING 8 - 545 CONSERVATION 688-9530 .,TH 8 40 PLANNING Planned Commercial District I Site Plan Review w Special Permit- Map 27, Parcels 16 through 26 '4 al r ens Pharmacy & Retail Building November ber 15,2005 The Planning Board herein approves the Site Plan Review Special Permit for the construction of 1 +- dare fee building,,t walgree s Pharmacy building, an 1 1, +�square foot building consisting of retail ace 158 parking aces}and extensive lands � Commercial' l g l ape work. These buildings are located to the Planned verla�y District and Map , Parcels 16, 1 , 18, 1 1, c� 16 hen combined a rolrr�ate l � �-� � � total y .4 acres 1 ,54 s.f . `f`his Special Pernntt was requested by Harr Inlvest ents Ine. 54 Jaeonn t Street,Suite 203,Newton, Massachusetts o 1.This application was tiled with the Planning Board on October � � 5. the applicant submitted Complete plete application which was noticed and reviewed in accordance with Sections 8.3, 10.3, 10.3 1,and 15 of the Town of North Andover Zoning Bylaw and MGL c-40A, see. The Planning Board makes the following findings as required by the North Andover Zoning By laws Section 8.3 and 10.3: FINDINGS of FACE, 1. The specific site is an appropriate location for the project as it is located in the Planned Commercial Overlay District and involves the construction of permitted uses within the zone. The identified parcels above were rezoned at the May 10,2004 North Andover Annual Town Meeting from Residential zoningdesignation to Plannedg Commercial verb District. A copy of the approval from the Attorney General's Office dated August 24, 2004 is on file at the North Andover Planning Department. 2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been provided. A11 plantings and screening depicted on the approved plans, Sheet 3 of 11, La nd scape Plan dated October 10, 2005 referenced herein shall remain in perpetuity over the life of the project, a. Route 114 Frontageof PrqUosed ., l , men#: Extensive landscaping has beenprovided a�lon the route 1 1 'urn i ie street f ' g p frontage. A wooden guide ra11 fill be located on the subject . property and wi l l be extended along the entire frontage of Route l l 410 the south of the ro' t entrance/exit on Route 114. The guide rail will b approximately P , pp irately two feet �n height. pedeta•ian access/stairwell has been created to provide a direct connection from Route 114 directly to the buildings. Pedestrian sidewallks will be constructed c on the Rte. 114 s idewals. b. Residential Ab uttin a Prover: Special care has been taken to carefuIl screen all residents PPIiPlililiPli.ililrWWYW�IIII Ill��lili.ilililrWl�lililililil�Yi�PPIiI�IYYYi a] abutting property directly adjacent to the proposed development. IIe. ".,l but Property: There is also adequate landscaping provided round the perimeter of the existing Eagle wood Properties so that the landscaping g pprovides a level of distinction between the two developments but is consistent with existing vegetation that will remain. A retaining wail will be con struc t d along the waIgreens and ag p lewood Properties property boundary. d. Internal lagdsc Landscaping will be provided within the pat-king islands and within I IIII��PIiPPlililil�.yyy�l_PPIiI�yYYy� o foot vista l buffer required within the Planned Commercial District. .3. There ill be no nuisance or serious hazard to vehicles or pedestrians. The Town's traffic consultant, ltant, TEC, has reviewed the traffic data. The applicant has provided three access/egress drives to the site: to the right-in, right-out turn entrance o#�f Route 114, and two left and right in turn and left and right ou t turn drives off Waverlyload. The appI is nt Sri i l a l so be prov id i ng the fo IIowi ng tr foie sin it`�gation. . The applicant will widen route 114 eastbound to accommodate a l 0-foot shoulder to allow right I • c r t� �a aree t throu h [ rind o Mer i l District Site Plan vie Sp � 26 }k N valgr ens pharmacy & Retail Budding November 15,2005 turn 1ovments into the site. b. The applicant ��l � i Waverly Road lengthen the exclusive left-turn latie on the northbound � r�ted approach to Route l 1 ` widen in occurs along the sits frontage and %v ithin the docut�n right-of-way. c. • in roved plans t reasonably accommodate potential �`h applicant modified � site grading lip • MassHi hwa to introd uee two through lane on Route 114 f` tt�re-w�den�ng pro�eet by ' eastbound. plan4. The nets the requirements of Section ,4 a1er�dd by 1a��deap•��n approved dart of this the PlanningBoard,of the North Andover Zoning Bylaw, • 'n accordance with the 'own Bylaw requirements e�nt and has been . The site drainage system designed , reviewed and approved by the outside Consulting Engineer, MUFDesign. 6. ' of�l�e�'err� fo�r Si#e Ala Sri a tad i �eetie of The app�ient has met the re�u the Zoning Bylaw. 7. . ' . 'es will b provided for the proper operation of the proposed �� e. Adequate and appropriate ae��t� p adequately address will provide for municipal water,sewer and utilities on the property to , , y The project p ' Furthermore, the design of the walg�re n building and retail facility the needs of the project. e resent in traditional town centers, and nearby eo��nrnercial Contains design eharaete�r�st`e that r� projects in North Andover. • i continuous sidewalk stun along the edge of parcel . The applicant is proposing to const�ruet a eont� u o pP the nterseetion of Route 114 and Waverly Road and t boundary on Waverly Road extending on i t . l � • the new constructed sidewalks that may be disturbed along repair/replace any of ' route l and will rovide pedestrian aess/stairwell will be constructed on the roperty.fro nting� p • southeasterly corner of tail bUilding parking let directly to Route 114. pedestrian access from the soutlest asks and a ' will ll be provided throughout the interior of the site through cross Pedestrian access �idevalls located within the Right of Way will be sidewalk system abutting the proposed building. • North Andover an dsidewalks/pedestrian walkways located on private maintained b� the`�`o �ru of propertywill be maintained by the property owners. . ' eneral l eon l ies with the Town oflorth Andover . Finally the Planning Board finds that this project g ' . i€n listed in See tion .3 but requires eondtt,�on r r e-to be fat I Zoning Bylaw requirements a compliance. • required b the North Andover Zoning Bylaws h Planning Board makes the following findings a y Sections 15.1 and i .4'.1 B3 . t FINDINGS of FACT: specific tracts of laid fi the intent of the overlay district by developing unique and spec l. The project sags and PlanningBoard for the purpose of planned commercial identified by the w s Master Plan development. • d uses of the Town and r vi a signifieant econoin1 2. The project is compatible with the character and . n del n 'h designof the walgreens building and retail f et i lity contains g benefits to the community. town centers and nearby commercial projects n North characteristics that are present traditional s Planned Commercial District Site Plan Review Special Permit- M 7, Parcels 1 through p Walgreens Pharmacy Retail Building November 15,2005 Andover. . The To)Nn's trarffie con sLiItant, T , has re i wed the traffic and park in data and dete . >� r��r�ed that the proposed project will not generate excessive traffic flows that are excessive for the location. J ro' � ration. Ingress and egress for traffic flow and traffic circulation within the J ro'eet are desi ned � properly so that there will be no serious hazard to vehicles or pedestrians. Further, adequate parking are provided for each use and structure in the development. . The applicant has met the requirements of the Town for Site Plan Review as stated ` �n ton 1 A 1 B of the Zoning Bylaw. . The project does not adversely affect the natural environment to the detriment of community character. The Town"s storm water management consultant, MHF Designs and Division g of PlIblic. Works have reviewed the storrnwater management and drainage plans and determined that hat the proposed project satisfies the rcquirements of the Town Bylaw and Department of Bn Environmental onrnental Protection. Finally the Planning Board hands that this project generally complies with the Town of North ►.ndover Zoning claw requ ire rent as l isted in ec ioans .3. and 15.4.E(B)(3), n r • . �rres conditions in order to be fu]Iy in compliance. ThePlanningBoard hereby rants an approval applicant provided the following conditions y g pp vat to the wring conditions are net. SPECIAL CONDITIONS I Construction Monitor: The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department, The Construction Monitor must be available upon four hours' notice to inspect the site with the PlanningBoard designated e official. , The Construction Monitor shall male weekly inspect'ion of the project and file monthly r .� y epol�ts to the Planning Board throughout the duration of the projec , The monthly reports shall detail r ! p area fr� r�- comp;iance, if any and actions talen to resolve these issues; The desa hated monitor may y not b applicant and/or developer. The weekly inspections and monthly reports provided to the Planning ng Department shall include the following: a site clearing; b erosion control; e stabilization/erosion; d drainage and detention structures; e on-site water and sewer utilities; f) parking spaces and related pavement; g curb cuts; 11 retaining galls; i site screening, landscaping and street trees; .l site restoration, k) final site cleanup. Prior to the endorsement of the plans by the Planning Board, the ap plicant InUst Comply with tb tllefoIlowing conditions; a The final plan must be reviewed and approved by the North Andover De art ent of P Works the town" � P to b f i e n s outside engineering consultant, the Town Planner, and rmuA be S U bseq uentl endorsed by the PlanningBoard. The final plans arras ,. p t be submitted for review within ninety days of Filing the decision with the Town Clerk; 3 r Planned Commercial district/Site Plan Review Special Permit- Ma "7,Parcels 1 throu�Wal ree s Pharmacy Retail Building November 15,2005 b A s ite open erosion controI bond shal l be posted(per agreer ent with the 1 o1 th 11dover Pianrt��g Board) � the r rt ' total at of ten thousand doltars($10,000-0 for the purpose of ' contingencies that mi ht affect the public Welfare such a site-o eltiII& clearings covering anyI� erosion control and performance of any other condition contained herein. The Guarantee shall b in the form of a check jade payable to the Town of North Andover escrow aecoL111t. c) ' and escrow fees must be aid in full and verified by the Torn Planner. All site plant application � , Prior to the start of construction:a) A pre-constrLI ctionmeetingshall be held with the applicant, Town Planner, Director of Engineeringm the Department of Public Works, and the designated Construction Monitor s � . Conditions L The purpose of this meeting will b to review the phasing of the listed �� for the applicant to submit construction schedule for the purpose of tracking development and p a /leant will the con tr ction and inform in the bHe of antic i pated act iv it i es on the site. The p1 also discuss the traffic i nifi atioo and any o ibl road closures and/or traffic mitigation which may occur as a result of the installation. b) ' 'on the site must be kept clean and swept regularly throughout the construction During constructs p t mitigation anon, dewatering and roadway cleaning must be performed weekly, or more process. D frequentlyas dictated by site and weather conditions and as directed by the Town Planner. ' with the Division of Public works to perform inspectional c Fine developer must coordinate w ' for construction of this ro ect. Inspectional services will include but are not limited services fo p to the following: installation ion f on site sewer,water and drainage facilities, fill material ' pavement,curbing and sidewalk installation, etc. installation, p � g cl) A.construction schedule shall be submitted to the Planning Staff for the purpose of tracking the and informing the public of anticipated activities on the site. construction e It shall be the responsibility of the developer to assure that no erosion on the site shall occur which will cause deposition on of soil or sediment upon adjacent properties or public ways,except as to off-site sewer r other off-site construction. o normally ancillary ite erosion will be a basis for the Plar�rtir� hoard g a in a findingthat 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. �� alongthe limit o clearirt and grading as shown on the � Yellow aut�orr tape mast be placed Consultant must be contacted prior'to any cutting and or plant. The Town s Outside Engineering clearing on site. ' to be determined the Forth Andover Department of g Performance orr ance Guarantee in n amount Public works shall a posted to ensure completion of the work in accordance with the Plans as art of this conditional approval. The bond must be i the fora acceptable to the approved p ' erns covered by the Bond may inc lude, but shall not be limited North Andover Planning Board. It to: i. as-built drawings; ii. on-site sewers and utilities; iii. curb CLIts and parking spaces; iv. lot and site erosion control; Planned Commercial District Site Plan Review Special Permit- Map 27, Parcels 16 through 2 algr ens Pharmacy& Retail Building November 15,2005 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 f permits, plans and decisions p p received from all other torn boards,commissions or departments, In addition to receipt of these plans, the applicant shall supply the Town P p pP Planner with letter outlining any and all revisions resulting from said permits, plans and decisions received from ether torn boards, commissions and departments that differ from the approved plans referenced in Condition 22. i Building petn-nits must be obtained for retaining walls over ' high.. . Prior to FORM U verification (Building Permit Issuance),. a The Planning Board must endorse the final site plan r ylars and three copies of the si r� plants rust be delivered t the Planning Department. g ed b One certified copy of the recorded decision rust be 'Submitted to the PlanningDepartment. c 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' system, The plans and h p ydrtr ire calculations for each commercial system shall be submitted for review and approval b l� y the North Andover Fire Department. Plans and hydraulic calculations for each comme• . �eYl system must also be supplied to the Building Department, d Are a -built plan nnust be submitted to the Division ofPubIie Works for rev fe r and a ro pp vat prior t acceptance of the sever appurtenances for use. e Maintenance casements must be submitted for Town maintenance of the sidewalks located within the Route 114 Right of way. 5. Prior to verification of the Certificate of Occupancy: a The applicant roust submit a letter from the architect and engineer of the p gat project stating that the building, signs, I and s aping, lighting and site layout substantially cony l with the tans ref p p erer,ced at the end of this deeision 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 fi rays at-ranged that all direct • g y om such lighting falls entirely within the site and shall be shielded or recessed so as not to shine Upon abutting properties or streets. The Planning Staff shall review the site. Are changes t approved lighting� tanreasonably •, ;F' g the pP g s may be required by the Planning Staff shall be made at the owners expense. All site fighting shall provide security for the site and structures however it must nst not create any glare or project any light onto adjacent residential r oncoming properties r�ing tratfic. d The commercial fire sprinkler systems must be installed in accordance with referenced standard N FPA 13 D and in accordance with 780 CMR, Chapter 9 of the Massachusetts State Bit in 5 ti ' r Planned Commerciai District 1 Site Plan Review Special Permit- Map 27, Parcels 16 through 26 . . walgreens Pharmacy& detail Branding November 15,2005 s Code. Certification that the systems have been installed properly in accordance with the above referenced regulations must be provided from bath the North Andover Fire Department and the North Andover Building Department to the applicant. The applicant rust then provide this certification to the Nosh Andover Planning Departmcnt. e Any and all signage plans for the site which have been provided to the Planning Board during the site plan review process H ere presented for the materials of the signage only. Any signage plans must conform to Section 6., Sig age and Outdoor Lighting Regulations of the Town of North Andover Zoning Bylaw and must be approved y the Building Department. In no way is the applicant to construe that the Planning Board has reviewe l and approved the signage plans for Zoning Compliance as that is thej risdiction of the Building Department. All additional permits must be obtained by the applicant prior to construction. Sign age plans provided to the Planning Board are included in the playas referenced in Condition 22. 5 The applicant must supply a copy of the approved Massachusetts Highway Department permits � p pp g Department. Failure to obtain construction of the site to the Planning a necessary for access and all the necessary Massachusetts Highway Department permits for construction and access to the ce with the roved lams will result in denial of n occupancy permit for site, �r� strict accords pp P any and all building s depicted in the plans referenced herein. In the event the Massachusetts i hwa De rtrn t t requires a change in the access/egress other than what wasapproved, the applicant submit revised plans as referenced in Condition 22 contained herein. may . Prior io the final release of security: a The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added at the applicants expense. showing final topography,the location of all on-site utilities,structures,curb b final as-built plan g outs parlln spaces and drain a facilities must be submitted to and reviewed by the Planning g Staff and the Division of Public works. written certification from a Professional Engineer should be submittedsigned in letter si d and stamped from the Engineer stating all wort has been p conducted in accordance with the approved plans and Special Permit. Any and all charges from the approved plats should be clearly noted in the certification letter. 7. Any stockpiling ilia of materials(dirt, wood, construction material,etc) must be shown on a plan and rev ie� an approved ved d roared by the Planni ng Staff. Any approved piles must remain covered at all tines .n�m� e y an dust pro that fins occur with adjacent properties. Any stock piles to rem ;n for t m� longer than one week niust be fenced off with siltation fence and covered. 8. noise levels the applicant shall optimum working order, through regular Inn effort t reduce pp keep i ti pn p Maintenance, equipment an and all that shall emanate sounds from the structures or site. 9. i and external construction activity shall be limited to between : a.m. and . p.m. All site�v �l n ' Monday through Friday and between 8:00 aa.m. ared 5:00 p.m. on Saturday. tree or hr€�bs that have been incor crated into the Landscape plan approve l ire this i . Aga plants, t p 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 i ay appr p p � t ' a d teniained b the Town planner, but size and coverage rest be maintained throughout allod w y 6 Planned Commercial District Site Plan Review Special Permit- Map 27, Parcels 16 through 26 walrns Pharmacy& Retail Building November 15,2 005 the duration of the project. The height of the specified plants i ust be measured from final grade, not from the base of the root ball. 11. The contractor shall contact Dig Safe at least 72. hours prior to commencing any excavation. 12. Gas, Telephone, Cable and Electric Utilities shall be installed underground as specified by the respective utility companies. 13.. No open burning shall be done except pt as is permitted during burning season under the Fire Department regulations. 14. No underground fuel storage shall be installed on the project site. 15. 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 skull 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. All snow storage that is stockpiled shall be located in the snow stockpile areas denoted on Sheet 3 of l 1 of the record plan revised October 10, 2005. Snow storage shall 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. 18. Truck deliveries for goods and merchandise shall occur only bet-ween the hours of 6 a.m. and l 1 p•m• seven days a week. 19. The Planning Board expects that the project will be built in accordance with the herein referenced plans and specifications and in full accordance with the design elements and fe tUres displayed and discussed during the Public Hearings. 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/her sole discretion deems these revisions to be substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning Board for approval. 21. This Special Permit approval shall be deemed to have lapsed after November 15,2007 (two years from the date permit granted)unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning Board. ?.The following information shall be deemed part of the decision: Plans Titled: The Development Plans for Walgreens Store 910209 Proposed alg reen's Retail Store Prepared For: elark Investments, Inc. 54 .laconnet Street Suite 3 Newton, iMassachusetts 02461 Prepared By: Kohler Engineering 352 Turnpike load Southborough, MA 0 1772 7 26 � planned d 0111 r i l District/Site Plait Review Special Permit- ,Parcels 1 tbrnn Walgreens Pharmacy& Retail Building November 15,2005 F Scale: September 1 , ' , Revised i o ein er , 00 Date: Sheets: l through l 1 Reports Titled, rainage Stormw ter Management Report Proposed Walreen's Retail Store North Andover, Massachusetts Prepared For: Mark Investments, Inc. 54 Jacon et Street Suite 203 Newton, Massachusetts 0 4 1 Prepared By: Bohlr Engineering 352 ` rnp i e Road Southborough, MA 0177 Date: August 5, 2005 Reports Titled: Traffic impact and Access Study Proposed Wal reen's Pharmacy North Andover,Massachusetts Prepared For: Mark Investments, Inc. 54 Jaconnet Street Suite 23 Newton, Massachusetts 02461 Prepared aoassee &Associates Transportation Engineers and Planners 10 New England Business Center Drive, Suite 31 Andover, MA.0 18 10 ]ate, August 2005 North Andover Massachusetts Proposed Retail Stores legations. Prepared By: Edwards and Kelce r Architects and Engineers 343 Congress Street, Suite 2100 Boston, MA 022 10 Date: October 13,2005 Sheets. A.l.l,A 1.2