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HomeMy WebLinkAbout1995-04-05 Recorded Decision SPR . _ BK 4272 P - 9 V�Afrf}k�rA'� TOWN OP NORTH ANDO �� N �Lfi{iC MAS $AG RUBE TT8 mAKDOYER * N APR a5 P ! t Any appeal shall be filed vVithin 120)days after lbo date of fling this NOtic8 in4he Dffice of the Town ie& 76wn ant NOTICI= OF DEClSIQH A X 5 1815 �' � �4mOf #1 .•+.+ •+•ken+6;+Dec:�20±199-0 Date of HearitYg,7an. Feb. 21, MAY. 7, 2995 Maur. 21, Apr. 4, 1995 Petition of „... DeVelopmsRt Carp+.. . . .. ... .. .. ... ..+ .... ..... ...... ... . Premi-ses affected . SS F T4t npika� stree[', ,+... .+..+ ....... .. .. ... .. ...+.. Referring to the -iibove petition for a special permit from the recluiremeats of the .09rtb.ONPVer.�svn1t:9.Sykiitw.r+ $.3.51te-Plan.Review,— aato Ax�P5i.xt�.oanarr action.Df.two.b.Uildingx.total ing.24,800.aq%{ ; to be uz ed for retail atones axed a roataurant. NORM a public hearing given on the above date, the Planning' Board voted Ir t4 P R ONAi,E.3[.. .tkl STECIAL LMLMIT . .... `' .. .... . . . ... . .. ... .. .. ..... .. ..+„ r ba9ed upon thg failawing Conditions; CQr Direct= vP Publis Works Building InBPadc qr _ tfaturai Ae$iq�ihr�.q/and uae Planner Health 8nnita��aM Signed','..`1:.A �-� .�:.•a�:-f '�' SSC380r3 Richard A, rf� a,rde3l Chairrnan pokiee chief +.+. .++. Fire Chief ,7u33eph-pfahoRey, vice ChzAirman Appl!�,attt .... +..+.. ....... ......++, Engineer Pile xi+chgYa9 Rowan,.010EL L.. ......+. Yntereateci Partiea Aki80n IeacarbOau �+ f r S ......+. ...........+++. +, .... af+t John+simani$ BK 4272 PG 97 552 Turnpike street PW Development (The Croseroaft) Otte Plan Rwwiww - special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construation of a► 24,000 square foot ratasl complex in a General BuninesB (GB) Zoning District. This Speuial Permit was rmquested by PB3 Development (Peter Shaheen) 565 Turnpike street, Cloth Andover, MA 01045 on lRovember 14, 1994. The Planning Board-makes the following findings as required by the Zoning Bylaw Section 8.3 and Za.:�= TINDINGO 8k VACTt 1. The specific site is are appropriate location for the project as the property is currently the location of an abandoned warehouse; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently the l.00atian of an abandoned warehouse, this project will improve the site visually, a fence will enclose the site and all efforts have heart made to control the traffic impacts of this project; 3. There will he no nuisance or serious hazard to vehicles or pedestrians as the site has undergone intense review by traffic experts to determine the safest possible locating, for the site drives-, 4. The landsoaping plan approved as a part of this plan meets the requirements of section 8.4 of the Zoning Bylaw; (See the following plan: Parking Layout Plan, The C7rossroadu, Borth Andover, Massachusetts, Sheet 3 of 'S, Dated NOV. 1994, rev.3/1/95) F S. The site drainage system is designed In accordance with the Towns Bylaw requirements; 6. The applicant has not the raquiraments of the Town for bite Plan Review eke stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operatiun cf the proposed use. izinaily, t a 'Planning Hoard finds that this project gunaraliy complies with the Town of North -Andover Zoning SyLaw requirementa as listed in Sect,ian 8.35 but requires conditions in order to be fully in compliance. The Planning Board hereby grants an approval to the applicant provided the fallowing conditions are met: 1 i i i BK 4272 PG 9 ' BP�CIJY3, COI�}�'Jk��1i�i 1. This approval is bated on the fact that a faat food (an defined by the State) restaurant will not be Included in the Croaeroaas development. This rentrictian is required due to the traffic generated by at fa►nt food restaurant. The sLimina►tion of the fast food restaurant rasulted in a significant reduotion in the trip generation rates and was a key element in the approval of this project by the Planning Board, State Highway Department and the Executive Office of Environmental Affairs. 2, prior to the andorswMat of the plans bg the Planning Hoard, the applicant shall adhere to the following[ a. A full set of final plans must be submitted to the Town Planner for review within ninety doge Of filing thlk deaisivn with the 'town Clark. b. A bond in the amount of fifty thousand dollars (950r000,40) shall be posted for the purpose of insuring that a final as--built plan showing the location of all on-site utilities, stru-atures, ourb cuter parking spaces and drainage facilities is submitted. The bond is also In place to insure that the site is constructed in accordance with the approved plan. Thi6 bond shall be in the farm of a check made out to the Town of Forth Andover. This check will there be deposited into an intoreat bearing aacrow account. C. Applivattt may periodically pstition the Planning a0ard for bond reductions throughout the construction of the project. d. A cunmtruction echedula shall be submitted to tha Planning Staff. 3. Frior to any aasmkLuotion on sits, the applicaLnt must mark the limit of clearing is the fie-ld. The limit of clearing must to reviewed by the Planning Staff. 4. prior tv yonk u vatrificaatian (Building Permit issuance) : a. The plans roust he endorsed and three (a) copies of the aigned plains delivered to the PlannIng staff. b. This douision shall be rsoorded at the rasex North Regi. ry of Deeds and a recorded copy delivered to the Planning Staff. c. All approvals from the Stake including the curb cut and acaass permits onto Route 114 'Must bs valid and UP to 2 PG 99 date. copies of all current State permits -must be on file in the Planning Department. Prior to verification of the Cartigia*te of ooaupaaay: a. A atookade fence eight (0) Peet high with landaemping of tour (4) to five (5) feet high arbarvita<eu, five (5) feet on nester and in a saw tooth pattern must be installed. The eight (a) foot high fence shall be set fifteen (15) feet in from the property line where the land abuts the lots fronting are xiLlside Roved and the arborvitae& shall be planted on the side of the fence faoi,t:g Hillside Road. The fence abutting Royal Crest, Matti, and Piessens shall be eight (8) feet high and shall be located an the property line. (sea the following plan: Details, The Crossroads, Forth Andover, Massachusetts, Sheet 3 of 5, Dated Nov, 1954, rev. 3f1f95) b. The building must be constructed' as presented to the Planning Board and as shown on the following Plana: i. crossroad$ Turnpike Street, Rt. 114 North Andover, MA Design Partnership Architects Inc. 'xhrae Washington square Sgite 400 Haverhill, Massa►chueetts 01930 Sheet A-1 and Rear Elevations C. The landscaping must be as shown on the following plan: i. parking Layout Plan Tho Crossroads Horth Andover, Massachusetts Sheet 3 of 5 bated: Nov. 1994, rev. 3f1f95 d. The site shall be reviewed by the Planning Staff. Any acreenfng as may be reaaonably rewired by the Planning Staff and/ar Tres Warden WWII be added at the applicant s expense; e. A fInai as--built pian showing the location of al on- sits utilities, structures, curb cuta, parking spac$s and drainage facilities must be submitted to and approved by the Division of public Rorke. f. All artificial lighting used to illuminate the site skull be as shown on the following plats: Details, The 3 BK 4272PG 100 Crossroads, north Andover, Mawfiaohusetts, sheet 5 of 5, i Dated Nov. 1"4, rev. 3/1/95. All lighting shall have underground wiring and vM11 he so arralagad that all direct rays from such lighting falls antirely within the site and shall be shielded or racessed so as not to ahi-no capon abutting properties or streets. The site shall he reviewed by the Planning Staff. Any changes to the approved lighting plan as may be re$soambly required by the Plasnting staff shall be made at the owner's expense, g. All buildings shall have commercial fire sprinklers inatailed in accordance with the North Andover Fire Department. h. The site must have received all necessary permits and approvals from the North Andover Board of Health and the conservations conminsion. 6. Prior to the final rolas■s of ssesurity: a. An as-built plats conforming to condition 2(b) must be submitted for review to the Planning office and Division of Public works. The site musat be constructed acearding to the approved plans. This will be determined by a majority vote of the Planning Board. b. The Planning Poard will review the site. Any additional landscaping as may reasonably be required by the Board must be added at the applicants expense. 7. Demolition of the eXisting building and construction of the new building must be limited to between: the -hours of 7100 am and 7:00 pm. Truoking of supplies and the use of heavy equipment must also be restricted to these hours. Sunday and holiday construction will not be parmitted. These conditions are necessary duem to the cease proximity of the residential Moines on Millsids Road. 8. Any stockpiling of -materials (dirt, wood construction material, etc.) must be shown on a plan and reviewed and approved by -the Planhing Staff. Any approved pilar. must remain coyared at ail times to minimize any dust problems that may occur Frith adjadent properties. Any atoek piles to remain for longer -than one week must be fenced off and covered, S. The parking lot lights must to turned off by two (2:00) a.m. Securitlr lights may -be left on al night as necessary. If the applicant wishes to increase these hours the applicant must request a minor modification of this Special permit from the Planning Beard. All lighting is to be reviewed by the Planning Staff and -any reasonable adjustments are to be made 4 BK 4272 PG 101 by the applio nt. 10. The Planning Board waives the construction of the 24 parking spacee shown at the rear of the aite me shown on the plan. 'these mmy kka varntructAd in the future it determined eacemaary 4y the Building Inspector and the Town Planner. The Planning Board grants this waiver based upon the fact that these spaces are at the far corner of the lot and are not conaideredi necessary at this time. ll. The Planning Board has reviewed tha traffic iasues on this site and has determined that paved access out to Hillmide Road shall remain open. However, the access out to Hillside Road may be closed initially by a gate. The type of gate shall be reviewed and approved by the Planning Department. The North Andover Dire and Police Departments must have the ability to upon the gate in case of emergency. The Planning Board will periodically review the access out to Hillmide Rnad. The Planning Board reserves the right to require that the access out to Hillside Road be opened should public easfety and traffic concerns, in the opinion of the Board, warrant its opening. The Plarining Department will closely monitor thin situation, and brine their Gancarns to the attention of the Planning ward. If the Planning Board determine& that the gate should remain closed, the Board reserves the right to review this decision in the future should public safety and traffic concerns, in the opinion of the Board, warrant its opening. 12. If traffic (bath vehicular and pedeatrian) at thhis site becomes a 'public safety problem in the future, the Planning Board reserves the right to require, at the applicant's expenas, a traffic attendant to direct traffic at peak hours. 13. If shopping carts,are to be used at this location, the carts must be collected- from the .parking lot on a routine, daily batai,s, .. 14. The ho.Liri'v Qpa ht#,9rL will be limited tc between 7:0� am and 1:00 a.xi. � t the applicant wishes to increagm these hourm the owner must request as minor modification of thim Special Permit from t44z Planning Board. 15. No deliveries -are to be made to the premises after 10:00 pm. 16, Tha dumpster, as shows on the planr must bin enclosed entirely by a wooden etockada fancm that nuat he two (2) feet higher than the dumpater. 17, Any plants, trees or shrubs than have been incorporated 5 K 4272 PG 10 into the band®cape plan atpprov in this decision that die within one year from the date of planting shall be replaced by the owner. IS. The contractor ahall contact Dig Safe at least 72 hourG prior to ccaamanoing any excavation. 19. Gas, Telaphone, cable and Electric utilities ahall be itsatalled an specified by the respectiva utility companies. 2o. All catch basins shall be protected and maintained with hay bales to prevent siltatfc+n into the drain lines during construction. 21. No opens burning shall be done except as in permitted during burning season tiander the Fire Department regulations. 22. No underground fuel storage shall be installed except as may be allowed by Town -Regulations. 23. ALI signs within the project shall be of wood with uniform lettering and design. (See the following the plans. Details, The Crossroads, North Andovar, XftaeachUaetts, Sheet 5 of 5, Dated Hov. 1994, rev. 3f 1f 95. The signs shall in no way be interior illuffiinated (neon or other means) . -ill signs designed for this project mustt be reviewed and coordinated between the Building Inspector and the Town Planner for approval. Display window signs may not cover mere than twenty (20) percent of the display window area. 4. No aecCtanical devices (le: IiVAC, vents, etc. . .) which may be visible from any surrounding roadways shall be placed on the root. 25. The provisions of this conditional approval shall apply to and be minding upon the applicant, its employees and all auacassarax and assigns in interest or control. 26, Any action .by a Town Board, Couniasioll, Qr Department which requires changes in the plans or design of the building as presented. to the Planning Board, may ba subject to modification by the 'Planning Board. 27. Any ravinionr. shall be submitted to the Town, Planner for review. If these revisions are deuced substantial, the applicant must submit revised plans to the Planning Board for approval. 2a. This Special Permit approval shall he deemed to have lapsed after April 5, L%s7 (two years from the data permit granted) unless substantial use or construction has coam atiasd. snbat&ntial use or construction will be determined by a BK C-M PG 103 majority vote of the Planning Board. The following information uhail be deemed part of the decision: a. Plans titled: The Crossroado North Andover, Massaahuaetta Prepared for: P&T Development Corporation 565 Turnpika Street North Andover, Maauachusetts 01645 Prepared by: Marchionda & Associatee, L.P. 62-1 Montvale Avenue Stoneham, MA 02180 sheet 1 Existing Conditions Plan Dated Nov. 19s4r rev. 3/1/95 shalt 2 Proposed uaval-opmant Overlay Dated: Nov. 1990 rev. 3/1/95 Sheet 3 Parking Layout Plats Dated: Nov. 1994; rev. 3/1/95 Sheet 4 Grading & Utility Plan Dated: Nov. 1994; rev. 3/1 95 sheet 5 Details Dated: Nov. 19S4r ray. 3/1/95 b. Plats titled: crossroads Turnpike Street, Rt 114 H. Andover, MA Prepare4 by: Design Partnership Architects, Inc Three Washington square suite 400 Kaverhill, MA 01830 Sheets: A-1 A-2 Site Plan dated: 11/8/94 A-'$ Sheet A-1 BhOVs a rendering of the building from Rt 114 looking towards Nilfside Road. Sheet A-3 shows the southwest and northwest elevation of the proposed building. 0. Plats Titled: Rear Elevations Crossroads Turnpike street, route 114 North Andover, fife, Prepared by: Design Partnership Architects, inc Three Washington square 7 i i I BK 4272P6 10 Suite 400 ili�Lverhill, MA 01030 Thin Alma shawa the €ortheast and eauthenat elevation of the propoeed building. d. Drainago AnalysiO The crossroads No. Andvvwr i0/9/94 Prepared icy: Marchionda & Associates, Inc 62 Montvale Avenue Stoneham, MA 02180 a. Traj:fio Impact Study The Crossroads North Andover, Massachusetts Prepared for: VBj Development Corporation 565 Turnpike Surest North Andover, Messachuantts Prepared by: David J. Friend 19 Notre Dame road Bedford, Xassachusetts Dated: December 2, 1994 f. Revised Traffiu Study dated January 31, 1995. co: Director of Public worRe Building Inspector Health Administrator Assommors conservation Administrator Planning Board Police Chief Fire Chief . Appl ia4rtt rile crossroacrassroa