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Director
NOTICE OF DECISION
Any appeal &hall be fulled
c:q�smd!tarn da!e of decision A�! "rusz.
within ( 0) Guys after the ti.:;hwukflIrgofan i. � zM0C0j"
date of filling this Notice eai
in the Office of the Town T*nC gXcsra�r � k:.v.-
Date September 2, 1998
Date of Hearing Jul} 21, 1998
Ugu-3t , 1998 K C
Petition of RMD incorporated September 1, 1998 I
Premises affected 350 Winthrop A-venue
Referring to the above petition for a special permit from the
requirements of the North Andover Zorting Bylaw section 8.3
so as to allow to construct a 5,619 SE addition t❑ the existing; shopping center
sIry --- t F -+ -t—
After a public hearing given on the above date, the Planning Board
voted to APPROVE the SPECIAL PERMIT
based upon the following conditions:
C; Director of Public Works Richard .Ro ( sn, Chairman.
Building Inspector
Natural ResourceiLand Use Planter Alison L(�soarbeau, V. Chairman
Health Sanitarian
Assessors John Sirnqns�Clerk
Police Chief
Fire Chief Richard Nardeila
Applicant -
Engineer ,io88ph Y. Mahoney
Towns Outside Consultant
File Planning Board
Interested Parties
CONSERVATION- (978)M 9$3f) - IMALTII -(978)588-9540 ' PLANNING -(978) 6NS-9535
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Town of North Andover ri�RT�
0MCE OF
COMMUNITY DEVELOPMENT AIND SERVICESLA
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384 Osgood zet # M1� �';
Forth Andover, as%ichusctts 0 184 5
WILEAM J. SCOTT
Direcrar
September 2, 1998
Ms. Joyce Bradshaw
Town Clerk
120 Main Street
North Andover, NIA 01845
e. Site PIan review -3 5 0 Winthrop Avenue
Dear Nis- Bradshaw,
The NoFth Andover Planning Board €geld a public hearing Oil Tuesday everting July 21,
199 8 at 7;30 p,m. in the Departrment of Public Works, upon the appII cat]on of RW
Incorporated, 881 East Street, Tewksbury, 1vLk 9187 x requesting a special perrrdt under
Section 8.3 Site Plan Review of the North Andover Zoning Bylaw. Thf legal rto#ice was
properly advertised in the North Andover Citizen on July 1 & July 8, 1998 and all parties
of interest were duly notified- The following members, were present/ Alison Lescarbeau,
Vice ChalrmaB, John Simons, Cleric, Richard Nardella and Alberto Angles, Associate
iember-
T€me petitioner was requesting a special permit to obtairk approval to ccnstruct a 5,619 SF
addition to the existing shopping center.
The premises affi�cted 33 land numbered 350 Winthrop Avenue in the (B-3) Zoning
District.
Jahn Soucy ofMerrimack I✓rigineering was present to represent 35 0 Winthrop Avenue.
Nis. J ,escarbeau stated that they promised us that they were going to re-pave the parking
€at and they did talk about increasing Ilie security- Mr. Soucy stated that the pro prrty
abuts } t.114 and Waverly Road. Nfr. Soucy stated that this is the same permit they asked
for a couple of years ago. 1vir. Soucy stated that they are looking to replace a 5,619 SF
space for Market Basket. Mr. S oacy stated that there will be zero impact and all work is
on the opposite side of the homes. N1r•- Soucy stated that the applicant would like to re
work the pai-king spaces but, can't say that t€ley will repave. Nis. C01wel3 stated that the
?fanning Board previous€y waived the parking, Nor, Narde€la stated that since the, parking
spaces have changed we might want to look at that. Mr- Soucy stated that they are going
to add spaces in the clearing and put hi barriers- Nis- Colwell asked if there is going to be
more lighting. N1r. Soucy stated no. Nis_ Colwell asked if they will maintain the 5' travel
BOARD OY APPFAZ S 6R9,5)5-1 i BUILDWG 6R3-r)545 COMERVA'ION Gn-7530 }fL-LTii (W-9)540 Pi-ANN INU fiR1-9 35
Iwie_ Ivy_ Soucy sated that they wit€_ Mr_ Angles asked if there are any more 70nirtg
regulations that we have changed since 1994- Ms_ Colwell stated that she believes that it
is only the parking spaces_
Lori Goodwirx of Waverly Road, stated that she has con"ms with the noise from the
trucks and if there will be, an increase. Ms. Lescarbeau asked if there are restricted
delivery times_ Mr_ Goodwin stated that they have, ritt.en several letters and have called
the police several times because of the noise from t€ r, de,11very trucks and because of the
times they are coming in_
'ropy al-a of Waverly Road stated that. Es Douse is direct€y behind! the loading dock at
Bradlees and he has cracks 3n his walls. Ms. Lescarbeau stated that they need to repave
'the whole site_
Ms. Lescarbeau stated that she,wou€d like to conflnue to check the hours of delivery ,what
our rights are for Market Basket vs, The Plaza and t€ e. parkng spaces_
Tony Cain asked why they can't close, the apit next to the Mobil Station and just widen the
other exit, Ms, Lescarbeau stated that they wanted that exit so that the, trucks could
access (lie highway easier and not go down Waverly Roan,
ontlnticd until August 18, 1998.
The,North Andover Planning Board €field a regular tweeting on August 18, 1998_ The
following members were present: Richard _ Rowen, Chairman, Alison Le.,;carbean, slice
Chairman, Jolui Simons, Clerk, Alberto Angles, Associate Member, Joseph Mahoney and
Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present.
.lohFi Saucy of Merrimac€c Engineering was presera to represent 350 WiDtbrop Avenue.
Mr_ Soucy stated that this is a simple addition and we have supplied the elevations for the
building and have agreed to have restricted times for deliveries in the decision_ Mire
I ette3nbach who is the. agent far Market Bas€Cet stated that they wif€ be re-�;triping the
parking tat and will be repaving in front of the building and repairing the damaged part of
the parking lot._ s_ Lescarbeau stated that she will not go. there until you re-pave thp,
parking lot and get security. Mr_ Kettenbach stated that the damage of the parking lot
was caused by a beaver darn and that has been resolved, Mr. Rowen stated that lie
rerriembe3rs three ar four years ago the Board had a lengthy discussion on security, Mr.
Rowen asked if Ms, Co€well remembered the wording in that decision_ Ms, Colwell. stated
that camera's and uniformed police were to be added to the mall, Mir, Kettenbach stated
that dui ing the holidays we have Nrcd uniformed police and have had handreds of arrests.
Mr_ l o ei stated that you need to make the shopping mall safe. Ms_ Lescarbeau stated
that she I cc)ks in the citizen even week and this mall is at the tap of list with arrests. Ivor.
arde€la asked about the lift. area_ Mr_ Kettenbach stated drat 4 will he pxvecf, Ms.
Lescarbeau asked about delivery times. Ms_ Colwell stated that [lie Board of Health
wrote a letter stating that there could be no deliveries form 9:00 p.m. to 7:04 a-m. and the
dumpsters being enclosed will be a big help. Mr_ Kettenbach stated that lie would lice it if
e send certified letters to the tenants stating that they could only have certain hours for
dumpster pick ups. Iris. Kettenbach went over the area being re-paved on the plan with
the Board. s_ Colwell stated that she would fike to see the islands be brought further
down closer to I t, 114_
On a motion by Ids. Lmarbeaij, secauded by Mr_ Angles, the Board voted unaiiiinously
to cIose the Public hearing for 350 Winthrop Avenue and have staff craft a decision for the
September 1,1 98 meethi .
'Fhe Forth Andover PIanaing Board field a regular meeting on September 1, 1999. The
following members were present: Richard S. Rowers, Chairman, John Simons, Clerk,
Joseph Mahoney aad Richavd Nardella. Kathleen Bradley Ca1wel1, To rt Planner was
also present_
The Boai-d went over the decision_
On a motion by lrir_ Simons, secanded by r_ Nardelia, the. Board voted unary mously to
approve, 350 Wintlnrop A.vcnuc site plan review as amended
Attached are the conditions.
� c -T-dy+
Richard S. Rowed, Chairman
North Andover Planning Board
350 Winthrop Avenue (Market Basket)
Site Plan Revicw - special Permit
The Pla rking Board herein approves the Special Perr itlSite Plan Review for the construction of
a 5,619 square foot addition to the existing 228. 78 square foot Market Basket Buikling in an 13-
3 Zoning district. This Special Pem it was requested by RMd lncoiporated, 881 East Street,
Tewksbury, MA 01876 on June 22, 1998,
Tl7e Plamiiug Board makes the following findings as required by the Zoning Bylaw Section 8.3
and 10.3:
FINDINGS OF F CT-
l. l.The specific site is an appropriate location 1�)r the projoct as it is an addition to the existing
super market building;
. The use, as developed, will not adversely affect the neighborhood as the site is currently
developed as a Shopping Center amd conditions have been created to address delivery and
dumpster pick up times;
3. There vAll be no nuisance or serious hazard to vehicles or pedestrians as travel lams to the
parking lot will be kept at the same width and the parking lot will be resurfaced;
4. This project does not require any additional lan&c;aping;
5. No new unpervious surface will be added therefore the drainage patterns will not change;
6. The applicant has met the requirements of'thr. Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw;
7. Adequate and appropriate Facilities will be provided !br the prober aperation of the proposed
Ilse.
Finally, the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as fisted in Section 8.35 but rtquires conditions in o-fder to
he fully in compliance. The Planning Board hereby grants an approval to the applicant pyovided
the followi ig conditions are met.
SPECIAL CONDITIONS:
€} gMpsters:
1
a) All dumpsters must be placed on concrete pads and enclosed on all sides with a permanent
fence. The, location of the dumpsters must be reviewed and approved by the Board of
Health and Fire Department for cordbrmance to their regulations.
b) The dumpsters may only be emptied between thte hours oF7,00 a.m. acid 9:00 M.
) Parking Lot:
a) The entire parking lot must be resurfaced and re-paved including the pavement at the, rear
of'the bugging.
b) `l'he PLumbng Board waives the striping of additional parking at this time, The, Planning
Board grants this waiver based upon the fact that the current parking lot is riot filled to
capacity and the applicant has demonstrated that additional parkhig can added if
deemed mersz5ary by the Board irk the Cbture,
c) The applicant must place "cats eyes" markers its the travel lanes along the Route 114 side
of the parking lot to further delnieate these lanes.
3) Deliveries
a) Deliveiies to the site must bf, limiwd to between the hours 07,00 a,rn. and 9:00 p.m. with
the exception of'itidividual vendors approved by the Board of Health. fu
4) Prior to the endorsement of the places by the Planning Board, the applicant must
comply with the following conditions:
a) A locus plan is to be added to the fhd plans,
b) The Filial plan must be reviewed and approved by the erkgineering cor3sultant, DPW and
the Town Planner and subsequently endorsed by the Plarmlug Board. The funal planks must
he submitted for review within ninety &ys of filing the decision with the Towns Clerk.
e) A bond in the amount of five thousand ( 5,000) dallars shall Lie posted li)r the purpose
of hisuring that a final as-built plan showing the location of all on-site utilities, structures,
curb cuts, 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. TMs bond shall
be in the form of a check made out to the Town or o-nth Andover. This Cheek will then
be deposited into aui interest bearing esorow account.
d) A corkstructicin checltsi shall submitted to the PWuling Staff for the purpose o1'
tracking the congr rction and infoimuig ht public: oramicipated activities op the site.
5 Prior to FORM U verification (Building permit Issuance)-
2
a) the final site plan tnylars must be endorsed and three �3) copies of the sighed plans must
be delivered to the Planning Depaitment.
b) This decision shall be reeorded at the Essex North registry of Deeds and a certified copy
delivered to the Planning Department.
Prior to verifteatiorr of the Certificate of Occupancy.
a The applicant rtxust subrtxit a letter from the architect or ertgimeer of the project stating that
the budding, signs, landscaping, lighting and ante layout substantially comply with the plates
referenced at the end of this decision as endorsed by the Planning Board. The material
used in the construction of the proposed addition must be of the same material used for
the existing structure,
b) The Planning st H sktali approve aH artificial H*hti used to illuminate the site.
All lightni smell have undergro:ind wiring and sha be so arranged that all direct rays
from sneh lighting Wis entire y within the site and shall be shielde or recessed so as riot
to sUae. upon abutting properties of streets. The site shall be reviewed by the Plating
staff. Any changes to the approved lighting plan as may be Tea ombly required by the
Planning staff ;ball be ma& at the owner`s expertise.
7) Prior to the final release of security:
a) A final as-built plan showing the final topography, location of all on-site utilities,
- , rues, c etr s, parking spa s and d ainage l4cilities must be submitted to and
reviewed by the Planning Staff and by the Division of Public Works.
8 The applicant must pursue: alternate means of security for the shopping niaU overall. The
Plaan.ing Board suggests that visible security systems such as cameras and uniformed police
officers be added.
9) Any plants, trees or shrubs that have been incorporated into the Landscape Phu-I approved in
#leis decision that die within one year from the date of planting shall be replaced by the, owner.
10)The contractor shall contact Dig Safe at lust 72 hours prior to commencing any excavation.
l l)Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective
utility companies.
1 )All catch basins shall be protected and maintained with lay bales to prevent siltation into the
drain lines during construction.
13)No open burnitng shall be done except as is permitted during burning season tuider the Fire
department regulations.
14)No andergroetnd ImI storage shall l installed except as may be allowed by Town
Regulations.
3
15)All sighs within the project shall be of wood v�th uniform lettering and design. The signs shall
in no way be interior illuminated (neon or other mea-es). All signs designed for this projcc.t
must be reviewed and coordfimted between the Building Inspector and the Town Planner Car
approval.
16)No mechanical devices (i.c.. HV AC, vents, etc) which may be visible from any surrounding
roadways dial] be placed on the root:
17)The provisions of this conditional approval shall apply to and be bindhig upon the applicaw,
it3 employees and all successors and assigns is interest or control.
1 )Any action by a `Fawn Board, Commission, or Depaetment which requires changes irk the phui
or design of the building as presented to the Planning Board, may be subject to modification
by the Phmning Board.
19)Any revisiom shall be wbirnitted to the Town Planner for review. If these revisions are
deemed substantial, the applicant must subrnit revised plans to the Plaming Board for
approval.
20)This Special Permit approval shall be deemed to have lapsed a Ilex r . ��-t��"4;`� {two
years from the date penxr t granted) urilcss substantial use or construction has camrruerkeed,
Substantial use or constr€icticn will be determined by a majority vote of the P Larmhg Board.
l)The following information shall be deem ed part o rthe, dQcisioB,
a) Pan entitled, Market Basket S torefront Rem deling,
North Andover, NIA, - Storefront Plan Elevations
Prepared Cur. R-M,D., lrrcorporated
Delta Delta fealty Trust
881 y, NIA 0 1876
Scale: I/V =1 5
b) Plaits entitled: Existing Ccnditior)s flan in North An&ver, MA
Proposed Site Development Plan in forth Andover, MA
Proposed Site Development Plan in forth Andover, MA
Existing Parking acid Circulation Plan in North Andover
Proposed Parking and Circulation Flan in North Andover
Owner & Applicant- l . i.D., Incorporated
Delta Delta Realty Trust
8 8 1 East Street _
Tewksbury, NiA. 0187
4
Bated: August €Q, 1994; rev. SeptembeT 9, 1994
Scale: 80,
cc: Director of Public Works
Building Iwector
Health Adniiniisuator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chef
App licaut
Engineer
File
350 Wint rop Ave, - SPR
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