The URL can be used to link to this page

Home My WebLink About1994-08-16 Recorded Decision SPR TOWN V L/ iF } 14 DOTER L V ' wo#7�. UU 03 ITT i Jl t ,�n�r-appeal slE be fE�ed = k �1,.,, • *� BK 4265 P ry �y tip,, d t5 with In(20) days after the idaw-of#sling of this N01iCo in the office of the Town of or!c rs ON Oork, L 3(,. 1s94 . . . Bate of He,ri,, JU1.�' ]9� _ands �iJr Zr i934 4X� I'etitfnn of Kennedg. evelopF,eslt G c?u ?r, ; . .. .. .. . . . . .. . .. . P ramisus affected z3 .17arnQike Sc.Y.Get-a LIM , .. . . .. . . . .. .. . .. .. .. . .. . .. .. . . Referring to the ftbove .p-etttion for a special _p>unit from the .requirements of the AVN� t7: l7ina f3y$Tw •- 5 ction •k3..J. .., to .. . w .. . .. .. .. .50 ;rg t(r 1)E?MMt ,.the .c atructxufl •OF. •' 1j1 9M•sq;#t. •cskm�v�.Cla1 •5trµC!r-U ra. . .. . .. .. . .. ... .. . .. . .. . . . .. . . . . . . . . . .. .. ... ., . . .. ., . ., .... . . After a pkiblic hezieiTIg given on the -above date, the -F1anntng Board voted I'MMl:I i'I DWALLY tU 'i;.P.PROVF.:, .. . .. ..#hro .. SfT£• 3, :] REVIoSti, •. .. .. .. . .. .. . . .. . .. .. . ... .. . .. . +.i based upon the foliowisig conditions,, Signed 4"c" CC; Director of Public lgorks Richard+A. Narde12a, +Chairman Building Inspector i • •+B Conearvot ��.3� atrrtnr, Josep3� :iMhotte ,•,vice Chairman .. kDWEIL, C10x'k ?i1�rvkl. ' +..+. . ... ........ .. . Police Firs Chie t.c,'R! ,:`:h�1 S?agh 'ian •., Appiicanf' Engineer A1350n Lenoarbeau. ns SOC•iate••• 2]earb Br file .. ..•++ Mi;n Gif,SoriYc� + Interested Bartier. 4265 Pli 16 KriRF. Fr.F.,I��sfJ I1 �+ 120 Main Street.01845 J}irrrWr NORTH ADC { } '} c:t1�l4F.KV 4TiOti MrSjoN aL `ULNM PLANNING-&COMMUNITY IYEVELCIPMENT t' Kip 17 6e44 L� August 16, 1994 Ms. ,7oyoe Bradshaw, Town Clerk 120 Main street North Andover, MA 01845 Re: Site Plan Review 525 Turnpike Straet Qsco Drug Dear Ms. Bradshaw: The -North Andover Planning Board held a public hearingr on June 7, 3.994 , in the SenjGr Center bah-irid the Town Suilftngr upon the appl icati-on of I(ennedy Development, Group, Inc. , 500 Broadway, Everett, MA, requesting Site plan approval under Section 8.3 of the Forth Andover Zoning Bylaw. The legal notice was duly advertised in the North Andover Citizen on May l8 -and Way 25, IS94 and all parties of interest-were properly not ifIed. The -followIny members were present: Richard Nardella, chairman, Joseph 3dahonayr Vice chairman, Richard Rowan, Cloak, John 'Simvrie and John Daghllan. Mr. Rowers read the aegal notice to open the public .gearing. Mr. Rowan read a letter from Merrimack Col7.i�gia, with conccrn8 abort drainage. A memo was -read regarlding a phone conversation with -Maarian Drive naighthGrs, concerns about tra ffbu, aesthetics - gateway to North Andover. Mr. `I`hamas Kennedy, prasi4e-nt of Kennedy Development Group, Inc. , was present. Mr. Wzllxam sculls+, McDonough and Scully, was present to address traffic issues. generating 1/2 traffic from what was initi-ally proposed because no Boston Chicken worked with Mass -Highway in creating traffic plan 115 midway trip hours 130 afternoon peek hours 2 vehAcles per -minute 80% of traffic to Route 114/20% of traffic to Route 125 not making traffic issues any worse- than they cxirrantly are two lane exit drive on Route 114 - 40% turn left auto Route 114 BK 4.2165 PG 17 Page 2: Osco Drug access onto Route 125 for Jett turn out only takes 40% of traffic out frojt Route 114 to Route 125 right turn lane Constructed can Route 114 need to ubange light t]]S nq and stripping at in Mr. Fennedy expects full State approval within the next 3❑ days. On landscaping, Mr. Kennedy has retained tt landscape engineer. Mr. Kenneth Flyszc'Lak spoke on the building elevation. standing seam metal roof canopy facade drive-up pharmacy split face block building Mr. SivQons had isBue9 wit]) the following: design issxaes traffic issues panserVation issues considerations to represeettations 'made at 'Town Meeting when area rezoned Mr. Kennedy said State has juriadlction over road, suggest review with counsel regarding otktside review of traffic. He will Provide traffic peopa e to work with the Town. Mr. Nardella etated that 48 lots are now proposed, these need to be taken into r_uns .deratiGn in the traffic study. Mr. Nardella questioned how far the deceleration lane was from intersention. Mr. Scully answered, 4001 from turn around to Route 1,14 to deceleration lanf¢ , 1001 turn lane, 50, transition lane. Mr. -Nardella asked -what c;xanges proposed to Route 125 intersection. The reply was changes lighting t1ining and striping. Mr. Daghlian stated that a scale model of the building would be helpful to clarify issues. Mr. Kennedy stated that Gsc(3 will not put wood siding or zhingles on bxiilding. Michael Coyne, 306 Hillside Road, expressed concerns with site as it is a gate way to North Andover, first impression of Town based on this site. Rezonipq sold to citizens at Town meeting that the 4-,bmrch would stay, small stores, wood structure. ------------ ..-.............— 8K 4265 PG I Pace 3: Ms. Joan Redman, Meadow❑od x, commented on the fallowing: cuuld not get to houses frGm bsco problem with left hand turno onto Route 114 Mr. T<)wie, Jtoute 125 Bypass, stated that the deceleration lane was not sufficient. He asked if there was any way to have i xna access throUgh chestnut Grt�an to get to Os4uo. Mr. Mail❑nay stated that a preaentation was made at Town Meeting, and that site is a gatiaway to the Community. Traffic n problems need to be addressed. Mr. Kennedy has made changes basea on comments made by the Town. Mr. Szreons asked Mr. Kennedy to look at Middleton center for an example of New England architecture. On a notion by Mr. Simons, seconded by Mr, Rowent the Board voted to continua the public hearing to Tune 21, 1994. H4 quorum on Jane 21, 1994, therefore public hearing was continua to Tuna 28, 1994. On June 26, 1994 the Planning aoard held a regular meeting, The following members were present: Richard Nardella, Chairman, Joseph -Mahonay, vice Chairman, Richard r-towen, Clark, John Siwris and Alison T-e&carbaau, Associate Member. Mr. Nardella had asked the applicant to come back to the Board with specific chances an the proposed asco Drug. Hr. Kenneth Hysacaak, Cubelli5 & Associates, gave the Board the following information regarding the specific changes: clapboards will be used there will be false windows mare brick canopy/facade has been extended Mr, Hysxczak showed the Board the type of,material to be used. Mr. Hyszczak showed sample of architectural roof shingles. Mr. Simons questioned the roof, Mr. syszosak stated that the material will be usad on the canopy and the facade, The roof will be flat with muQhavicals. - Mr. Nardella questioned the height of the buflding and if the mechanicals would be covered. mr. Hys7.cza3, told Mr. Mardelia the height will be the same as what is there r1ow, 26' to 24{ , it varies. .......... ....F. - UK 4Zb� Ft 0 Pace 4: Osco Drug Hr. Silftons spoke on what was presented at Town Meeting when the zoning change was made, it not the sane as that which is before the Board now. Mr. Hytszozak stated that what was being proposed was a block building with a steel roof. Mr. Simons would lime to see a more natural setting at a pejestrian scale with a Village concept, not a building in the diddle of the lot. Mr. UEtr a lla stated that the Dire Department needs a 360 degree access. Yr. Gene Joel, American Drug Stares, spo)ce on the general shapes of the Wilding. Mr, Niarde-Ila requested them to be more creative of the building shape. Kr. Juhn Edward, McDonough & Scully,1130. , did the traffic study. lice summarilzed the material submitted. building size 4as been reduced traffic reduced with two new subdivisions traffic study Considered - negating to no change Mr. Simons questioned the al)-ility to make left hand turns to and from the site. Mr. Na7rdella asked about peak hours. Peak hours are between 11:00 a.m. and 1:00 p.m. and 4 :00 p.m. and 6:QQ p.Im. Mr. Nardella asked the Board for their ounments, Mr. Mahoney wants to review the traffic study Which was received today. NFr. Rowen agrees with Mr. Simons an the proposed building. Mr. Simons reiterated h- G concerns and personal preferences. Mr. Bowen questioinad the entranri le an Route 125, suggested moving it 25 to 30 ft. away from the intersectivn. Mr. Eennedy tried to answer questions and address concerns. He stated that the n traffic before the intersection travels at a higher speed, A blins cing light was suggested. Ns. Lescarbeau Stated that t3)e proposal was still a square building. She suggested maybe the exterior colors could be - changed, i BK 4265 PG 20 Page- 13: onto Drug Mr. Nennedy stated that he was asked to change thp- building, he did. He was asked to change the facade and the parking as well, he chid. Mr. Kennedy went on to say tha he has abided by the zoning bylaw and ho has the right to develop the Parcel. - Mr. Nardella stated that there were substantial improvements made and that the applicant may be in compliance with zoning but he was not happy with the results. Mr, Xennedy asked the Board to consider landscaping 'ba::ilig ptzt in and a change to the facade. He asked for a written list from the Board. Issues from the Hoard: drainage traffic - elevationr. Mr. Nardella asked Mr. Kennedy to give it his hest shot at making the necessary changes and present thaw an July 19, 1994. On a motion by Mr. Rowen, seconded by Mr. Simons, the Surd voted to continue the public hearing to July 19, 1994. Mr. Fames Towle, Andover-Bypass, asked about a commnn access from Hillside Road, stating major problems with traffic on Route 125, Mr. Herbert RedIAR11, Meadowood Road, spoke on the new garb out are Route 125 and the traffic issues, on ,7uky 5, 1994 the PlarLning Board field a regular meeting. The following juembers were present: Richard Nardalla, Chnirman, Joseph Mahoney, Vice Chairman, Richard Rowan Clerk, John Sirmons and Mahn Daghl.i.an, The Hoard had an informal discussion of psco Drug to create specific list of problems/issues for the next meeting. pitched roof (not flat) change location of the building landscape mounds in parking lots Ms. Colwell and Mr. Nardella to meet with ter. Kennedy ill the evening, before the next ward meetllsg. Mr. Kennedy Will not be on the ,Tuly 19th mreeting unless a new ]plan delivered i5 to Board nerbers for review before the 'Meeting. 8K 4L5 PG 21 Page 6: Osco Drug jan July 15, 1994 tI)a Planning Board field a reg4jar neeting. The fallowing melubers were present: Ricbard Nardella, Chairman, Joseph Marfaoney, Vice Chaim, an, Richard 3tvwen Clerk, John Simons and Alison i,esaazbeau, Associate Member. Mr. Nardella stated that he and Ms. Colwoll mot with Mr. Kennedy last week to review the plat-, Mr. Kenneth Ilyszak, Cuhelia Associates, gave the Board the following presentation: - modified elevations added roof facade entirely around the building - added dcrners along front - 4 dormers on side O, 5 derm€rs on side A = enlarged cupola Mr. Nardella discussed dormers on side D. - 4 dormers clustered together at entrance to building leaving an expanse of building Mr, Mahoney and Mr. Rouen had no issues with plaoement of dormers. There was a discussion of cupolas versuw Steeple. Mr. Rowen said keep a consistent design, cupola with weatf3er vans. Mr. Mahoney was pleased, with d4asign, replaces church as a landmark, Mr. Simons said he appreciates efforts made by applicant. Fie read a letter reoaived from developer at time of rezoning stating that "in event that the town meeting votes in favor of the rezoning, the proposal- that we bring back to the Planning Board for Site Plan Review will be substantially in the farm tfxat was presented to you at your meeting of April 25th including the architect's and engines-r"s 3`enderinq of the site and buildings. . . . Additionally, in the event that a third party Should buy the property, we will, in detail, explain to this third party the above agreement and -make it a part of any purchase and sale agreement." Mr. Simons further stated that this goes to the integrity of thf� Planning Board and representations ]-lade by the Board at Town Meeting. Mr. Mahoney stated that rezoning cannot be based on a specific project. 8K 4265 FG 22 Page 7: Osou Drug Mr. John Leeman, 45 Pine ]Ridge Road, $sked what type of ma ta1Aaj would be used for the roof. He asked if clapboards would be used as siding. Asphalt r-hingles - architectural style shingles will be used and clapboards will be used to side the building. Mr. James Towle, Andover By-pass, stated there was a problem with traffic, Chestnut Green looking for now parking and access. Vie Hoard should open discussion between OSCv Drug and Chestnut Greens regarding traffic. Ms. Colwell stated that the Board did address traffic issue. The applicant provided a traffic study. The Planning Sward had this traffic study reviewed by the Merrimack Valley Planning commission. The Merrimack Valley Planning commission reviewed study and felt that it. addres'ed all oil the issua5 aMd that further review or study was not required. Mr. Mahoney stated that the Board looked at traffic issue and believes that it has adequately been addressed. Mr. Nardella stated that the -Plnnning Board may put ocriditions regarding traffic on the site in the decision if approved. Mr. gowen questioned the issue DE pulli.ng exit onto Route 125 back away from intersection. Ms. Colwell asked traffic planner at the Merrimack valley Planning Commission about pulling it away. Traffic Planner advised against it bac&use traffic travels quickly down Route 125. Mr. Rowen had guestion5 about maintaining triangle of property owned by the state. -Mr. Nardella requested that the applicant provide a letter fray the state agreeing that ttse applicant will maintain the triangle. Mr. Ed Arman, 2a Mill Pond, asked what were Mr. Simons concerns, Mr. Simons stated that it eras I'bzk9,t and switoll", plans presented at Town Meeting persuaded Town citizens to rezona, now a different building with a different concept and feel from what was anticipated and presented at 'Fawn Meeting is proposed for construction. Ian Rosensky stated that Ule applicant has done a magnificent job in blending the building into the surrounding neighborhood, Mr. Nardella stated that the windows shown are the windows .that will be constructed. BK 45 PG 23 Page 8; Osco Drug T Mr. Rowen expressed oencern about sale signs in the windows. The applicant responded with &ince these are not true windows, signs would not be placed in them. Vr. Nardella arked What type of sign w0111d be used. The antiwar was wooden engraved signs with lights shining can it. Mr. Rowen asked a4out what landscaping would ba used along Route 125. Mr. Ya nnedy stated that evergreens wutAld he used alone} the Route 125 sine, Canadians Hemlock, b to 7 feet at full growth, 3 to 4 feet when planted. Landscaping along Route 114 - could add additional smaller plantings in the future if necessary. Mr. Nardella discussed with Mr. Kennedy, waiver of raqui,remant to construct parking spaces. Mr, FeTinedy stated that possibly waive requirement at exit out Rokjte 125. Waiver would iincrense visibility and access. Keep tree line as is and grass in parking spaces. Ms. Colwell to oondition decision: to make sure evergreens alone Routs 125 are 6 feet at time of Planting. signag - Two "Osco" signs an bmilding - directional signs may be on building such as 111�lharmacy", PPFoadmart4h Mr. Nardella ELSyzed what will signs look like at Route 114. Mr. X{annndy stated sign with plantings, lights shinning dGwn on Sign. There was a discussion by tj)e Planning Board as to whether lights BhQuld Chine rep or dower on the sign. Ian Rosensky stated that if lights shine up on the Sign it could cause a problelr with traffic. Mr. Nardella wants lights from ground un, L)ring sign in for review. Ms. Rosenssky stated that a strip of lights could be put above the sign. Ms. Colwell read a letter from Merrimack College listing izzues of drainage and flooding on the property. Conservation commission raguired outside review of the d,rainaga calculations fur the project. Applicant has addressed all ibsuss raised by uvtsida _.......... BK 4265 PG 24 Page 9: 08co Drug consultant. D.P.W. 11as also reviewed drainage for site and does not see any problam5. Applicant will be controlling storm water on site, storm water not presently controlled. Mr. Nardella had solae concern about need for Police protection, parking attendant if naedod may be added to condition. Mr. Nardella asked when lights go off. Lights are generally on a timer. Tbare was a concern about late night deliveries. There will t be no late night deliveries. The store will close at 10:00 P.m. Ms. Lescarh2au questioned where shopping carts would be stored. Shopping carts are routinely colleated, customers generally do not bring shopping carts outside. Ms. Colwell asked tine Planning Board for consensus on waiver of construction of parking spaces alorkg Route 125. 'rho Planning Board's consensus was that constructiop should be waived. Mr. Scott cote, Merrimack College, stated that he was not there to here oe}=ants on rezoning, drainage problem currently exists in this area, drainage problem comes from an area including Chestnut Green. The culvart from the project site goes under Route 125 to Merrimack CD11ege and floods an area at outflow of culvert. Mr. Nardella asked Mr. Cote what Merrimack College was asking the Planning Hoard to do. Mr. Cote replied, require applicant to addr2 ss drainage problem in they area. Mr. Nardella request that O.P,W. look into the site drainage issue. D.-P.W. respond to drainmges concerns raised by Merrimack College's latter of June 29, 1994. Osco would, bave to alter wetlands to create any Additional retention on site.. Mr. Nardella directed staff to draft decision including all r. coiimants and requested the Board to close the public hearing, PaAto-r Dan Trapano, representing the church, spoke to the: Board. - no flooding on church property - if all requir@M2nts being -met by applicant, Board should approve project. I I BK i.65 PG 25 Page 1D: Oseo Urug On a motion by 3Ir. Mahoney, seconded by Mr. Rowen, the Board voted to close the public hearing. T112 decision to bo voted on at the August 2, 1994 meeting. On AligiAst 21 1594 the Planning Board held a regular meeting. The following members were present: Richard Nardella, 4�ihairman, Joseph Mahoney, Vice Cnairman, Richard Rowell, Clerk, John Daghli an and Alison l.escarbeau. Mr. Nard ella stated that Mr. Simons was on vacation and that he submitted a letter and -is objecting to the osco Dreg Site Plan Review and his objection are part of the filo. Submittal fee on the original application of $1,400 la a concern of the Board. Mr. ThOrar, 'Kennedy told the Board that tha fee for this hearing had been pair]. The fee for the withdrawal application will be paid. fours of Operation 1, 7:00 a,rn. - 10:0D P.M. 2. Secxority lighting is being requosted - staff will coordinate this with the Police Department (see Condition #a) . cnnditlon la - Trocs along Rauh 125 perimeter nhall be evergreens at a mininum of 6' in height, 101 apart. Add under landscaping - F`Inal lalldscaping detail will be reviewed by Planning Staff and additional Landscaping roguired will be completed at the applicants expanse. (Evan if not shown on approved landscaping plan. ) Add - extend landscape design/fence of existing woad fence and hedge on Route 114 side of the property from Chestnut Green along property line - termination to he determined in the field. AM - The applicant warrants it will. maintain State land adjauent to property at route 125f114 unlasr, forbidden by the State to do so. construction schedule to be submitted to Planning Staff. Add - Signs to he coordinated between the Building Inspector - a-ad Town Planna27, Shade of orange to be determined in conjunction with L1600 and Planning Staff. No deliveries after closing aL 10:00 p.m. 8K 4265 PG 2t'i Page 11: Osco Drug on a motion by Mr. Mahoney, seconded h Mr. Rowan, the Board voted to approve the Site Plan Review Special Permit as amended. Attached are those conditions. - Sincerely, Planning Board Richard Nardella, Chairman Attachment cc: Director of Public Worko Building Inspector Conservation Administrator - Health Sanitarian Assessors Palace Chief Fire Chief Applicant Enginaiar r. File BK 4265 PG 27 525 Turnpike Street (osco Drug) site -Plan Review - SpeoiaT Permit The Planning Board herein apprGves the Spacial PermitJsita Plan Review for the construction of a 14,960 square feat building for use a5 an osco Drug Store in a R-2 Zoning Distriot. This Special Permit was requested by Hennady Development GrauP, tno. , 501) Broadway, Etivarett, MA 02149 an May 12, 1994 . The Planning Board makes the followinq findings as req;aired icy the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT, a. Th12 specific site is an appropriate location for an Osco Drug store as the site is zoned for retail use; 2. The use as devaloped will not adversely affect the neighborhood as the site is adjacent is an office park. There will be nn nuisance or serieias hazard to vehicles or pedestrians as the applicant will comply with the recommendations of an approved traffic study. 3. The landscaping plan approved as a part of thi#; platy meets t1te requirements of Section 8.4 of the Zoning Bylaw as long as Condition 1(a) ig met. 4. The site drainage system is designed in accordance with the 'Down Bylaw requirements 5. The applicant 'teas met the regxUrements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning 5ylaw; 6. Adequate and appropriate facjt itiea will be provided, for the proper operation of the proposed use. Finally, the Planning Beard finis that this project generally complieB wjtt� the Fawn of North Andover zeroing jByiaw requireinents 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 CONOTTIONS: 1. Prier to tha endorsement of the plans by the Planning Board the applicant shall adhere to the following: a. A full set of final piano must be submittad to the Town Planner for review no latar than November 30, 1994, n The following cbanges mast be kRaluded: 1 EK 4265 PG 2 i. a notation designating five of the parking spaces adjacent to the exit to Route 125 as future parting (See condition # 5) . ii. Sheet 1.-04 Landscaping must be rOvised &10ng thG Route 114 perimeter. A shall, white wooden fence and hedge similar to the Size and dee5ign at Chestnut Green are to be added from the Chestnut t. Green property line to the guard rail with a transition to low growth plantings dose to the guard rail. Tha actual termination of the fenc,efhedge will be determined in the field by the Town Mannar. The fence/hedge will he irstallind in lieu of the inkberry currently shown on the platy. The trees shown an the plan -along Route 114 should be changed to Sugar Maples. iii. A set of stairs should be constructed in the Slope along tba boundary of the property with the Chestnut Green Office Park to allow pedestrian access to osco from the Park. Plans of the stairs are to lee reviewed and approved by the Planning Board. All changes to the Landscape Flan roust be revii2wed and approved by the Town Planner. b. A bored in the amount of ona-hundred thirty five thousand dollars ($135,000) shall be posted for the purpose of in"ring that a final asp-built plan showing the location of all on-site Utilities, structures, Gurb outs, parking spaces and, drainage facilities is submitted. The band is also in glace to insure that the site is constructed in accordanca with the approved plan. This bond shall be in the form of a check made out to the Town of north Andover. This ahec.X will than he deposited into an interest bearing escrow account. Q. A construction schedule shall be submitted to the Planning Staff. 2. Prior to MM if verification (Building Perimit Issuance) a. This decision shall be recorded at the Essex North Registry of Deeds attd a copy delivered to the Planning staff. b. All approvals from the State in regards to access onto both Route 114 and Route 125 -Muot be submitted to the KaT nirig Office. 3. Prior to verification of the Certificate of Occupancy- -------------- -. - { BK 4265G 29 a, The building must be constructed as presented to the Planning Board area as shown on the Elevation Plan Sheets sK-t and 5i(--2 dated 6f15/94. a. The landscaping must, be as shown on Sheet L-04 Landscape Plan with the additional requirements set forth In Condition l(a) . b 'i'he site Bhall be reviewed by the Plapni7lg Staff, Any Bcreaning as may he reasonably required by the: Planning Staff and/or Tree Warden will be ended at the applicant's expense. Additional planting may be require[ along Route 125. c. A final an-built plan showing the location of all on Bite utilities, structures, curd cuts, parking spaces and drainage facilities muFit be subuijttod to and approved by the Division of Public Works. �• d. All artificial li.ght,ing used to illuminate the site ahall be approved by the Planning staff. All lighting shall have underground wiring and shall be so arranged that all direct rays fro-,a such lighting falls entirely within the Site and shall be shielded or recessed s❑ as not to shitle upon abutting properties or streets. The site shall be reviewed Jay the Planning staff. Any changes to the approved lighting plan as may be reasonably required by the Planning staff shall be made at the owner's expense. 4. Prior to the final releaeo of security: $. An as built plan canfnrming to Condition 1(b) -must be submitted for review to the Planning Office and Division of Public Works. The site must be consttucted according to the approved plants. This wtil he determined by a majority vote of the Planning Board. b. The Planning Board will review the site, any additional landscaping as may reasonably be required by the Board must ,be added at the applicant's expense. 5. The planning Board waives the requirement of constructing the five (5) parking spaces adjacent to the exit onto Route i 125 as shown an Sheet L-03 Layout & Materials Plan. The parkiiiq spaces are to be designAted as future parking, The area will remain span with a maintained lawn until such time as the Planning Board, by majority vote, deems those apaCes necessary. The Board waives the construction of these spaces based Upon a determination that 7a spaces is sufficientt. Are open grass area will increase Visibility 3 ........... ...... -- K 4265 PG 30 from the parking lot out to Route 125. 6. if the traffic (bath vehicular and pedestrian) at this site ry becomes a public O&fety problem in the future, the Planning Board reserves the right to require the &Pplicant t4 retain at their cost a traffic attendant to direct traffic at peak hours. The Planning Board also reserves the right to require the owner to cover the Cost of additiGnal review of the traffic at the intersection of Route 125 and Route 114 and to pay for any additional traffic and/or pedestrian safety control equipmant, .paving, stripping etc. that may be reasonably required to alleviate a traffic problem. Applicant must apply for all required State permits necessary to acco=odate all pedestrian craBsings at Osco n Drug. This condition is subject to state approvals whare- required. 7. if shopping carts are to be used at this location, they roust be collected fron the parking lot on a routine, daily basis. 8. The hours of operation will be limited to between 7:00 a.-m. to 1 :04 P.m. if the applicant wishes to incrtase these hours the owner must request a -modification of this Special Permit from the Planning Board. No deliveries are to be made to the premises past 10:00 p.m. S. The parking lot lights mast be turned off by 11:00 p.m. or at tha time the last employee leaves, whichever is later, Security lights will be laft on; staff will caardinate with the Police Department as to specifioaticns. All lighting must be approved by the Building Inspector. M Any plantar trees Gr shrubs that have ibeen incorporated into the Landscape Plan approved in this decision, that die within one year from the date of planting shall ba replaced by the owner, 11. The applicant warrants that it will rmaintain the property adjacent to Routes 114 and 125, unless forbidden by the State to do so. 12. The Contractor shall contact Dig Safe at least 72 hour6 prior to commencing any excavation. 11. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 14. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 15. No open burning shall be done except as ie permitted during 3 i BK 4265 PG 31 burning eaason under the Fire Department regulations, 16, No underground fuel storage shall be installed except as may be allowed by Town Regulations. 17. All signs within the project shall be of wood with uniform lettering and design. The signs shall in no way bO intexiar illuminated (Neon or other mearks) . All signs designed for this project must be reviewed and coordinated hetween the Buildi-ng Inspector and the Town Planner for approval.. No advertisements or sighs ;hall ba placed in the windows. Ia. The anticipated "orange" coj�orfshade of the Osco Drug sign (logo) to be deterntiTlad in conjunction with Osco Drug and t1le planning Hoard staff. 19- No mechanical devices (ie: NV'AC, vents, etc. . . ) which -may be visible from any surrounding roadways shall be placod on the roof. 20. The [provisions of this canditional< approval shall apply to and be binding upon the applicant, its employees and all successors and assigns i-n interest or control. 21. Any action by a Town Board, Commission, or Department Which raqufres changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 22. Any revisions to a deve-loprnent that has Secured site plan approval small be submitted to the 'Fawn Planner for review. if these revisions are deemed subatantial, the applicant must submit revised pLans to the Planning Board for approval. 23. 'phis Special Permit approval shall be deemed to have l.apsad after August 16, 1g96 (two years from the date permit granted) unless substantial moe or construction ham corm-Aenced. ,Stkbstantial use or construction will be detorminad by a - majority vats of the Planning Board. The followings information shall be doe-mad as part of the decision: a. Booklet entitled: "Retail Site North Andover, Massachuset_t5'° Created by: First Street Uaveiopmerit� Ino. VIO Broadway Fveratt, MA 02143 b. Hydrologic AnalYz is for Osco Drug 5 y. BK 4265 PG 3 525 Salem Turnpike Horth Andover, MA C. 'Traffio IMPACt G ACCe55 StUdy Proposed Commercial Site North Andover, Massachusetts Prepared for: CDW CorsUltants Dated, October 1993 r. Prepared by: McDonough & Scully d. 'Technical Addendum To Traffic Report 'To: CDW Consultants, Ina III Spam Street Framingham, XasnauhI ieetts 01701 From: McDonough & Scully, Inc. III Spoon Street, Suite 407 Framingham, Hassachusatts 01701 i>Ate: June 20, 1994 e. Pianu entitled: csco Drug North Andover, MA - Px-eparad by: CDW Consultants, Inc. Ill Speen Street, Suite 119 rramingham, HA. 01'701 Sheets; L-01 Existilaq Conditions May 6, 1994, rev. 5f13/94 In - 201 L-02 Grading and Utility Plan May 6, 1994, rev. 5f13/94, 7f07/94 111 _ 204 L-03 Layout & Materials Plan Maur 6, 1994, rev. 5/13/94 1" = 20P L-04 Landscaping Plan prepared by, Native Landscapes 205 A Street Boston, MA 02210 Jura 3, 1994; rev. 6/14/94, as further revised under condition l(a) 1" - 201 a. Plans entitled: Elevation oaao Drug Route 114 & 125 North Andover, Massachusetts Date: 6/15/94 scale. as notad Sheete: Sic--1, sx-2 Prepared by: cubellis & Associates, Inc. 6 .._......,......... ...... ........... — —. .................. ......... ....... BK 45 PG 33 Charlestown Navy Yard 2 Thirteenth Street n Boston, MA Q2129 Note, Plans snow a Mansard XtoOf With l` "" 0" projection. c: Director of Public 'Works nuildijig Inspactor Health Adreinistratar Assessors Conservation Administrator Plan-aing Board Police Chief Fire chief Applicant Engineer File 52 5.Tuarnpike