HomeMy WebLinkAbout2002-10-01 WAIVER Correspondence ATM Fleet Bank ................... ------------ ----------
MARK B. JOHNSON
LAW OFFICE OF MARK B. JOHNSON
12 STREF i,
AND 0 VX fe, MA 01610
FHONE.- (978) 47S-448S
a ir k ng JIL kL rk-j 0 h F1 S 41 n I a VV-C G In
TO: PLANNING BOARD-TOW-N OPNORT11 ANDOVFR
FRONT,- MARK 13. 101 IN SON, ESQUME
SUBJECT.- FTTF T BAD ATM—-BROOKS PH A R MACY SITE 5 2 5 T U RN PI K F
STREET
10/1/2002
At the last mect i ng there vas a discussion as to whether this project ect YCq11i1:CS 'Sitc,
plan rov i cw. This letter wl 11 address the =mpt]on fTum site, plan review found in section
8 3 o Nho North Andover Zoning Bylaw, wh'di I believe is app I i cabi e it) the Fleet AIM,
as well as revisions to tile proj cot whi C 11 ;Fleet has made, singe the biq meeting, on
Septembcr 10".
T he 11 ev e that section 8,3.2,b.i i of-the zomug by law ex milts this pj-()i ex t from site
plan r�-,vlew, Tliis section statcs.,
"The following development(s) are ex t�mpt fi-om site, plan revi m
fl. Stig all sipirclurew or addidons splo kh (lei it ut ewceed 2,000 square
feet qfgraxs floor area and do med require 5 or more parkijig
Vp a C e .
Sincc tho proposed K M%k is less than 200 square feet mid rcquircs loss than 5
parking sp.w cs, i( is ex erapt fi-oni site Plan voview- Tf it is exompt then a wa iv ei• wo uld w t
be rcquired-
One woki Id nor seek a waiver ftorn a rc.g ulaTio n it is F-xrmpt ftayn-
113.011gh i~leet bgAICVe:i Lhat I is exempt from the site plan review, it has wiled to
revise its plans to address the foil owmg coxtcems of the Board:
I . Chaitgc proposcd light brick kiaSk €;xterior €€) maleh rcd brick extcti0r of
Brooks;
Fleet has addr e.5,5e.s Ihis concern.
2. Redu c tip€; imin xcr of grcen siDi bands from 4 sides to 2 sjdcs.
Fleet has ;,educed Me number o -green ,sign bands torn 4 to 2. There wil-I
be one hand ad the enti-anrr m?d one M the rear—both having the Fleet
logo and aame.
3. Propos€;d cxtcrior backlit sighs we ttot allow4A in N orth Atrdovei•.
Fleet has I-evised the Ughfip�-so that ilWead oj'exler lor-back ligl ling the}re.
will be dowry hgh ii�g ftom the kiosk ewr auce ovef(read which will
U[rrrrrit�ale the f•ol�tf acade 8igr7, inside the h osk ve'! hrdle there
will baellil signs over Me ATMs as ivel[ cis inferior civerhead I�ghling-
Though FIcet was directed to seek a waiver of situ plan review by the Plaiming
Dopailment, I be]ieve it w< uld be appropriate far this -Roa—rd to vote hoth that site;plan
review is not required (section 8 3,2,b,ii) and to ,mint the waiver if it is reclurr-ed,
Enclosed is a draft decision for your i:cvicw.
Thank you for your c€ mi€.Eerat-ton of this mzttez,
DECISIONOF THE
NORTH ANDOVEM PLANNING HOARD
Property: rooks/Osco Pharmacy Nan
25 Turnpike Street
E: Fleet A`rm' Dios
The Planning Board having Found at the ATM kiosk is less than
2,000 square feet, and does not requirc 5 or more parking spa c cs, finds that it
€s exempt from the site ]air review procedure piumiant to Section . . ..b.ii.
To the extent that [lie project is subjcel to site p[an review, the Board grants
a waiver pursuant to section .3. ,e,
Construction of the'kiosk shall he as depicted on a site Plan for Fleet
ATM Kiosk of Brooks/Osco, Turnpike Stxrcct, North Andover,
Massachusetts, prepared by Arthur 1% Borden & Assoc., Inc. darted June 7,
200 , a copy of which is attachcd to this Decision as Exhibit I . The
construction of the ATM Kiosk shall be in accordance with the
1 Icmorandutr of Attorney Johnson to the Plarming Board datcd October 1,
2002.
S1gned this clay of October, 2002.
North Andover P1amaing Board
By:
3
TAW OFFIC'.F:OF
MARK B. JOHNSON
12 C'lrestnut Street
Andoycr, zssadlusetts 0 B 10-3706
(97 )475-4498
Trlecupier. (978)475-GM
U35�.1 1 5
-MARK D. JOETNSON. (MA,M L€Q RYN:N-M-141ORL-N
1.1NDA A. O'CONNIF.3.E. (MA,NEB,R9) JE-ALMA.S1fED[AN
1]f)NAt.3] V. F3ORL'hS11`lN (MA,MF-) I.EANNF.CKzNI-AF.DI
4f ICI EAELC.FURLONG (MA)
August 23, 2002
Via UPS Ove-might Delivety
Planning Board
Tov n of North Andover
27 Charles Street
orth Andover, MA 01845
Re: Fleet XrM E iosk
Brooks Pharmacy Plaza, 525 Turnpi'kc Strcot
Dear Jackie:
Pursuant to our conversation of today, I would appreciate your placing
the waiver of S ite Flan Rev For the ATM Kiosk on the PlaiinI ng Board
agenda tar September 10, 2002.
Enclosed you will find six (6) copies of the Site Plan.
Thank you for yoLir continued help in this regard.
Very truly yours,
arI Johnson
MBJ---Icl
FANe*-Do 1F[eet Bas[Gn Flnendal COffflM�97 ATM Tumpa St No AndaverlP�mning Board-Uf 8-2M2.dw
Message Page I of2
Puglisi, Janet
....... ..... ....... ................... ........
From: Griffin, Heidi
Sent�: Wednesday, August 21, 20,02 9'.'.'48 AM
To: Mitchell, Clayton,
GC: Pugfisi, Janet
Subject-, FW-, ATM at Brooks; Pharmacy site
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-----Oiriginal Message
Frarn- Mark B. Johnson [imalito,.mark@,markjohnso,n�law.com]
Sent. Tuesday, August,20, 2002 2:50 PM
To; Heidi Griffin
Subject:: ATM at Brooks Pharmacy site,
Ali �leiai.i:
I have beers retained by Reet Batik to work with thern on the permitting of an A'l M machine
at the Brook's Pharniacy, site.. 1. understand diat representatives from, Fleet had a meeting with Jaickie
Byerley in FebWary of 20,02, She was concerned that the Kio,sk would not meet (lie: 100 foot setback
requirement and therefore, relief from the Zonirng Board would he required-
Fleet has revised the plan so that the Kiosk would nleet the 100 foot setback.
In, reviewing the Special Permit for Site Plan review for Ose Drug, I note Condition 21
provides, "Any i-evisions to a developinenifluil has stcuretisileplan approval shall tau* submine44tea
the 76wn Plawnerfor review. �f these i-evisions are&eyned substanfial, the Api)[ic-am awsl subnfif
revisedplans to the Maiming
The purpose of niy inqUil- is whether or not you 'believe that the installation of the ,ATM
Kiosk ww ould be considered substantial or is a revision which can be ap.Vroved by the Town Planner.
I would be happy to nieet with you on this as we have prepared photographs,of what what the
site ,would look like with the ATM as well as a.site plan (fie hope that approval by die .Planning Board
would not be necessary.
If 1. a ni not su re who wou Id bc acting as the"row n Planner relative to Condition 2 1, if this
should be directed to Clay, I would appreciate you fiorwarding it to him.
As always, thank you for your assistanoe in this niatter.
Mark
9/2 1:M2