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Home My WebLink AboutRecorded Decision 1995-04-05 R. ....... BK 4254 P9 9 }� ; ' �. ... Ph HIM IE �� 30YCESR�DSHAW � f b' tOWH CLERK j 2a p.av N Q P N O R T Ii A IC>?O P L HyCR71i AH06VER 1 h'y�m03M3C MASSACHUSETTS � ;,. APR 10 1 59 P!i . Any appeal shell be filed within(20)days after the �;. data of fUir:e of this Notice in the Office of the Town r t: NOTICE OF DECISION Feb.�21,•Har.�7� I � g Apr,,A, 1995, Hate of Hearin ,MBS•.,2�,. # ' Petition of ..senlau Rea 1�Y.Truro............................................ �, Premises affected ... ............ .... ' Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.3 and 10.3 Site Plan Review of the . ............................................:......................... e the conrtruction of s A I)E3Q r ft. rotas so as to permit t g:,.,.. �.94�PL'1.4�F.....,..,.., j ............................................................................. ` Afie£ a�ubIIe hearing given on the above date, the Planning Board vo iv con ton ly ,n L to aPProve.........the .SPECIAL PERHIT ............................ al.. e._41, SL based upon the following condttions: CCt Director of public Works Iltk Building Inspector'}' i 9. ` Hatural Reaource/Land Use Planner / `��•• �q Health Sanitarian Signed �kl 'l(. �lsdlLGrL- ' AeaeasoraIde Richard A, Nardella, Chairman Police Chief .......,. f? Fire Chiet Joseph Mahoney, Vice Chairman '. Applicant ................. Engineer t Pile Richard Rowen; Clerk ................................ '- interested Parties Alison L 7. esoaxbeau ................................. John Slnohe m.i4$„ � � Pyanning'6orird' it it 4 s i Town of North Andover COMMUNP!'Y DEVEY.OPMENT AND SERVICES a f 146M&IUSeat a Rsnxsnl It kAltarnr Nodh Andover, 01845 Dwwor (548)bBB•9133 April 5, 1995 Ma. Joyce Bradshaw, Town Cleric 120 Main street No. Andover, MA 01845 3 Re: Special permit - site Plan Review Lot 7 Button Street i North Main street Dear Ms. Bradshawl �i The North Andover Planning Board held a public hearing on February 21, 1995 in the Library Conference Room in the Town Building, upon the application of sanlau Realty Trust, 109-123 Hain a Street, North Andover, MIA., requesting a Special Permit under Section 8.3 and 10.3 of the North Andover Zoning bylaw. The legal notice was properly advertised in the North Andover Citizen on February 1 and February 8, 1995 and all parties•of.interest were duly notified. The following members were present: Richard Nardalla, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowan, i Clerk, and Alison Lescarbeau. The petitioner was requesting a special psrmit to allow the construction of a 4,000 sq. ft. retail couplex in the General Businass (GB) Zoning District. Mr, Rowan read legal notice to open public hearing. Me, Colwell - overview of project- "kick off" of downtown Mr. Rowan read letter from Charles Matsis in support of the project Atty. George DalloRusao, from Atty. Dom Scalise's office, was present representing Anne Messina, 1 i ATPF.11.8 HN➢74: svp.>bitl 6NCAL45 COSt=YATM 6U453e IIPAL911""J* TIASBM""SS1 BOARD OFh"P"PEALS APa6nt Piiadl FCKErI IIa,ud {rh4tn W ,y Badky0b e1i a h9 !I v BK 4254 PG 21 Ir. John Daly, Architect, from Wayland, CIA. wan also present. 400 x Soo' - 1 000 sq. ft. building proposed y.; made to look like three separate buildings combination of brick and shingle r interesting roof lines one story occupancy 3 tenants proposed Tina Messina: Marketing shows a need for this type building 251 entrance is off of Korth Main Street .site drainage to the rear .water and sewer through Button Street }. .fire sprinklers will be provided h .request to reduce access behind the building to increase . parking and create an island of 151possibly ,' has Planning Board ever reduced the access and to what degree? t No. Colwell: ` are there any spaces on Button Street at North Main Street? what about parallel parking? I questioned a no parking sign Mr. Nardella: request for reduction of parking space size John Daly, architect, reduction in parking size would allow for additional greenery--parking spaces in the back designated as employee perking in design. A.!. Me. Colwell to check on parking space size and access behind : building with Bob Micetta. �. Discussion of landscaping behind building. ; Will remove snow, Ms. Colwell: -Will need lighting locations and design. , ' ' Intent is to have 3 distinct facades, brick colors, etc. Wood Signs: illuminated indirectly Mr. Rowan: discussion of "internal" "for sale" signs, limit on large for sale signs. 2 h I' t I fll� f? i i wzp 6K 4254 PG 22 li Kr. Mahanays I no more than 40% of window covered !or more than ? days Lightings Mach entrance has lighting down lighting on landscaped areas 3 1/2 ' sidewalk with a planting there street sidewalk Street trees: tress in parking area trees between the buildings? dumpeter trill have to be enclosed Continued to March 7, 1995 Meeting The planning Board held a regular meeting on March 7, 1995- The members present weres Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowan, Clerk, Alison Lesaarbeau and John siAOns. Anhe Messina was present to present drawing and speak tang. 4 ' landscaping, lighting. she plans to have eil behind lantern etyinglightin Also mentioned putting a wood g"r r Mr. Sisona mentioned hoV pleased he is that building will be j right up to the street. Mr. Rowan thinks you may want low level lighting. buildng will be verykalo h o . Hardalla es to that when it in completed- isn presented, �d hopes Mr. Mahoney, seoonded'by Me. Lesoarbeau, made a motion to close the public hearing. Unanimous vote. Mr. Nardalla directed staff to draft decision for the next meeting. The planning Board hold a regular meeting on March 21, 1995. The members present were: Richard Nardella, Chairman, Joseph aaquoen�,vSuttonice aStreet Retail Richard couldnnotlbekdiscussed.the lack of The planning Board held a regular meeting on April 4, 1995. The members present were: Richard Nardolla, chairman, Joseph Mahoney, vice Chairman, Richard Rowan, Clark, Alison Lescarbeau and 3'ohn Simons. 3 is is 3 f 3. s' �r 'A I on a motion by Me. Lesoarbeau, seconded by Hr. Mahoney, the Planning Board voted to approve the special permit as amended. Attached are those conditions, sincerely, North Andover Planning Board Richard A. Nardella, Chairman Attaohment cc. Director of Public Works Building Inspector Natural Reaource/Land Use planner Health sanitarian # Assessors Police Chief Fire Chief P �' Applicant Engineer File i E' E i ' ^ Ids y3 ,,!i' 4 tr le; I Ilf,��E E i ill ;l i : . • ' 8K 4254 PC 24 Lot 7 Button streetand Worth Main ■trot (Button square) r Bit+ plan Review - ■peaixl R•xrLt ! ^ The Planning Board herein approves the special Peron/Bite Plan Review for the etail complex in the Oneral Business 1a6) construction of a 4,600 square foot r Zoning District. This Special permit was requested by SAn ea1ty Trust, 0 qu g- ' 123 Hain Street, North Mdovar, MA 01845 on January 26, ]496irad b the Zoning Bylaw r Y The Planning Board nakew the following findings a■ equ section s.3 and 10.31 i rs]mlMoff or rxcrI ], mho spooifio site is an appropriate location for the project so it 1■ f. zoned for General Business? w. Z. �ttui�' uQv will not yus the nncood an the Ibinesslooatio earrrntlyeloped a■ a g�•z• fi 3. There will be no nuisance or serious hazard to vehicles or pedestrians) 4. The landscaping plan approved as a part of this plan mots the requirements of Section 0.4 of the Zoning Bylaw? S. The nits drainage system is designed in accordance with the Town Bylaw rrquLrement•I 6. The applicant has met the raquireme 4■ of the Town for Site Plan Review . an stated in Brotion 8.3 of tha.ioninq Bylawf appropriate facilities will be provided for the proper ' , 7. -Adequate and operation of the proposad use• c ies with the s l )?Deily, the Planning Board finds that this project generally comp Town of North Andover Zoning Bylaw requirements an listed in Section 0.35 but require■ aoaditions in order to be fully in compliance. The Planninq Board -hereby grants an approval to the applicant provided the following conditions are SPACIAL CONDITZONSt 1. Prior to the endorsement of the plevs b7 the Visual" Board, the sppllosnt shall-adhere to the following, A wooden guardrailatto thust e be shown Ahd tails of the guardraile rear f the wuat adja property �--'� �_ also be provided. c' Planner for E !c`�>�.�1 rl A full wet of site plane must be submitted to the Town hth VVV review within Dints days of filing the decision with the Town clerk. A bond in the amount of three thoueard ($3,000) dollars shall be lIIVVVddd posted for the Purpose Of insuring that A final as-built plan showing the location of all on-site utilities, structures, curb cuts, parking *paves and drainage facilities In submitted. The In bond is also in place ins rfthat This hbond t*hall be In tbes. isetors, accordance with the approved plan. of a check made out to the Town of North Andover. This check will than be deposited Into an interest bearing escrow account, ya ra as y1 A. �A ? �K nr f. �i 'E Big 4254 PG 25 A construction schedule shall he submitted to the Planning Staff for the p.ci pted of tracking the eonatructlon and informing the public of anticipated aotivitir■ on the ■its, ,,y F �fft 7lCdrl�� 2. Prior to 1'olul U verification (Building Permit iesuanaejs � The mylar&roust be endorsed and three (3) copies of the si must be delivered to the Planning Department, greed Plana t),e' This deoision shall be recorded at the Neoax North Registry of Deeds and a recorded Copy delivered to the Planning staff. 3. Prior to verification of the Certificate of occupancy, a. The building must be constructed as presented to the planning Board And as ehwn on the following pianos Plan titleds Conceptual Design Prepared fors son Lau Realty Trust 109-123 Msin Street, suite 12 North Andover, MA 01845 Prepared byi John Daly, Associates 26 Shaw Drive Wayland, Momachusatts 01178 : Dated* January 20, 1995 'shoat A-2s Sutton Street slevation Sheet A-3s Rlrvatinnw The applicant must vary the brick colors, as presented, to the extent feasible. b. The landscaping must be planted as shown on the following plans Plan titleds Conceptual Design i ' . Prepared fors San Lau Realty trust I. 109-123 main street, Suits 92 North Andover, mh 0181B � 'f Prepared bys John Daly, Associates ,. 26 Shaw Drive Wayland, Nauachusatt■ 01770 ✓ y ;. Dateds January 20, 1995 w",�s Sheet A-1 s Prior Plan Sheet A-2s Button street Ylevation e. All artificial lighting used to illuminate the site shall be approved by the Planning Staff. ALL lighting &hail have underground wiring and shall be No arranged that all direct raga from such lighting falls entirely within the site and shall ba shielded or !{' recessed so an not to shine upon abutting properties or streets. The site shall be raviswed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the ownsr'■ expense, l' d. All buildings shall have Commercial fire sprinklars installed in j accordance with the north Andover Fire Departmont. s. The site must have rroeived all neoa&&ary permits and approvals from the North Andover Board of Health and the Coneervakion Commission. f e.. 4. Prior to the final relsas■ of securitls a 2 e. r I�� 1 ! f[ ! iI j 9 P BK 4254 PG26 A. The sit% shall be reviewed by the Planning $toff. Any sorsening an i' m►yy be reasonably required by the Planning Staff and/or Tram Warden will be adQed at the applicant s expense. b. A final am-built plan show)nq the location of all on- site I utilities, structures, ourb outs, parking spacea and drainage facilities must be submitted to and reviewed by the Division of public works. S. It parking becomes a problem, in the opinion of the planning Board, on either Button street ar North Rain, the applicant oust work with the planning Department in the resolution of any issues. j 6. The dumpstrr shown on the plan must be enclosed entirely by a wooden Fstackade fence two (2) fast higher than the dumpoter. 7. Any plants, trees or shrub■that have been Incorporated•into the 1,andecaps ! Plan approved in this decision that die within one year from the date of planting shall be replaced by the owner. 4a 0. The contractor shall contact Dig Safe at least 72 hours prior to commanoing any excavation. 9. Gas, Telep hone, Cable and eleotria utilities shall be installed as i specified by the reapaotive utility companies. 10. All catch baslna shall be protected and maintained during construction with hay bales to prevent ailtogon into the draln line%. 21. No open burning shall be done except as is permitted during burning season under the sire Department regulations. I 12. No underground fuel storage shall be installed except an may be allowed by Sawn P.equlations. , 13, All signs within the project-shall be of wood with uniform lettering and design. The signs shall in no way be interior illuminated (noon or other means). All signs desigpad for this project must be reviewed and coordinated between the Building Inspector and the Town planner for approval. Display window signs may not cover more than twenty (20) percent at the display window area. 14, All mechanical devices (jai HVAc, vents, *to...) which may be visible from any surrounding roadways shall be placed on the rear roof line. 15. The proviaiona 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. Any action by a Town Board, comission, or Department which requires changes in the plan or design of the building am presented to the Planning Board, may be subject to modifioation by the Planning Board. 17. Any revisions shall be submitted to the Town Plannar for review. If these revisions are deemed ■ubetantial, the applicant must submit revised plans to the planning Board for approval. 18, This special Permit approval shall be desmed to have lapped after April t 10, 1997 (two years from the data permit granted) unless substantial use or construction has commenced. Substantial use or construction will be determined by a majority vote of the Planning board. ! • J1 1 k e aFF "r f s i 4 �, a The following information shall be deemed part of the decision, �- a. Plan titled, site Development Plan s -; Land In North Andover Hass Sutton Street Retail raciilty Domar/Developer: Banlau Realty ?rust y s., 109-123 Main Street - Suits 12 Basle IcYrth�Andover, MA f Data, December 15, 1994 ff , Prepared by, Marrinaok)oglnsering services 66 Park Street ,Andover MA 01610 ; J S b. Plan titled, Conceptual Design Prepared fort San Lau Realty Trust 109-123 Maih atreat, Suit* E2 Korth Andover, MA 01045 Prepared by, John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01776 Dated, January 20, 1995 " Sheet A-it Floor Plan Sheet A-2t Button Street Elevation Sheet A-31 Elevations c. ! cat Director of Public Mork& Building Inspector Health Administrator .', Assessors JJi n Conservation Administrator .�: Planning Board =3" Police Chief Fire Chief Applicant " Engineer Pile Suttonaq l A i f E� I. I? �f ,,� t t U } 'nn �n1 LL �{ E\EL�� L�� 10YCE B C'D"KAw TOW H TOWN OF NORTH A N D O P E RNORTH ANDOVER H A S S A C H U S E T T S KOp Tk r e 0 OA Any appeal shall be filed .' "°'� within (20) days after the 'SS,CHUSEi�y date of filing of this Notice In the Office of the Town NOTICE OF DECISION Clerk. . . . . . . . . . . . . . . Feb. 21, Mar. 7, Date of Heaving 1995 Petition of „ Sanlau,Rea]t .Trust. . . . . . . . . . . . . . . . . . . Premises affected , , Lot. 7. Sutton. Street, and. North,Main, Street. . . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.3 and 10.3 Site Plan Review ofthe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit the construction of.a,4.000.s,�; .ft. ,retail.comylex. . . . . . . . . . . . After a public hearing even on the above date, the Planning Board voted conditionally to approee. . . . . . . . .the . SPECIAL PERMIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . based upon the followifig conditions : CC: Director of Public Works � Building Inspector' Natural Resource/Land Use Planner Health Sanitarian Signed [«'! '�L_ C-( • Assessors . , Police Chief . . . . . . .Richard. .A. . . . . .Nardella. . . . . . . .Chairman. . . . . . . . . Fire Chief Joseph Mahoney, Vice Chairman Applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Engineer Richard Rowen, Clerk File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interested Parties Alison Lescarbeau . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . John Simons John Daly, Architect, from Wayland, MA. was also present. 40 ' x 1001 = 1, 000 sq. ft. building proposed made to look like three separate buildings combination of brick and shingle interesting roof lines one story occupancy 3 tenants proposed Tina Messina: Marketing shows a need for this type building 25 ' entrance is off of North Main Street .site drainage to the rear .water and sewer through Sutton Street . fire sprinklers will be provided .request to reduce access behind the building to increase parking and create an island of 151possibly has Planning Board ever reduced the access and to what degree? Ms. Colwell: are there any spaces on Sutton Street at North Main Street? what about parallel parking? questioned a no parking sign Mr. Nardella: request for reduction of parking space size John Daly, architect, reduction in parking size would allow for additional greenery--parking spaces in the back designated as employee parking in design. Ms. Colwell to check on parking space size and access behind building with Bob Nicetta. Discussion of landscaping behind building. Will remove snow. Ms. Colwell : Will need lighting locations and design. Intent is to have 3 distinct facades, brick colors, etc. Wood Signs: illuminated indirectly Mr. Rowen: discussion of "internal" "for sale" signs, limit on large for sale signs. 2 h l I 1 t Mr. Mahoney: no more than 40% of window cov ered for more than days Lighting: each entrance has lighting down lighting on landscaped areas 3 1/2 1 sidewalk with a planting there street sidewalk Street trees: trees in parking area trees between the buildings? dumpster will have to be enclosed Continued to March 7 , 1995 meeting The Planning Board held a regular meeting on March 7, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. Anne Messina was present to present drawing and speak about landscaping, lighting. She plans to have lantern style lighting. Also mentioned putting a wood guard rail behind building. Mr. Simons mentioned how pleased he is that building will be right up to the street. Mr. Rowen thinks you may want low level lighting. Mr. Nardella likes the illustration presented, and hopes building will be very close to that when it is completed. Mr. Mahoney, seconded by Ms. Lescarbeau, made a motion to close the public hearing. Unanimous vote. Mr. Nardella directed staff to draft decision for the next meeting. The Planning Board held a regular meeting on March 21, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk. Due to the lack of a quorum, Sutton Street Retail could not be discussed. The Planning Board held a regular meeting on April 4, 1995. The members present were: Richard Nardella, Chairman, Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, Alison Lescarbeau and John Simons. 3 On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Planning Board voted to approve the special permit as amended. Attached are those conditions. Sincerely, North Andover Planning Board J Richard A. Nardella, Chairman Attachment cc: Director of Public Works Building Inspector Natural Resource/Land Use Planner Health Sanitarian Assessors Police Chief Fire Chief Applicant Engineer File 4 Lot 7 Sutton Street and North Main Street (Sutton Square) Site Plan Review - Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 4,000 square foot retail complex in the General Business (GB) Zoning District. This Special Permit was requested by Sanlau Realty Trust, 109- 123 Main Street, North Andover, MA 01845 on January 26, 1995. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is zoned for General Business; 2. The use, as developed, will not adversely affect the neighborhood as the site is currently developed as a general business location; 3. There will be no nuisance or serious hazard to vehicles or pedestrians; 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements 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 CONDITIONS: 1. Prior to the endorsement of the plans by the Planning Board, the applicant shall adhere to the following: a. A wooden guardrail must be shown on the plans along the rear of the property adjacent to the railway. A detail of the guardrail must also be provided. b. A full set of site plans must be submitted to the Town Planner for review within ninety days of filing the decision with the Town Clerk. C. A bond in the amount of three thousand ($3,000) dollars shall be posted for the purpose of insuring 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. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. 1 I 1 I d. A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticipated activities on the site. 2. Prior to FORM U verification (Building Permit Issuance) : a. The mylars must be endorsed and three (3) copies of the signed plans must be delivered to the Planning Department. b. This decision shall be recorded at the Essex North Registry of Deeds and a recorded copy delivered to the Planning Staff. 3. Prior to verification of the Certificate of occupancy: a. The building must be constructed as presented to the Planning Board and as shown on the following plans: Plan titled: Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated. January 20, 1995 Sheet A-2: Sutton Street Elevation Sheet. A-3: Elevations The applicant must vary the brick colors, as presented, to the extent feasible. b. The landscaping must be planted as shown on the following plan: Plan titled: Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated: January 20, 1995 Sheet A-1: Floor Plan Sheet A-2: Sutton Street Elevation C. All artificial lighting used to illuminate the site shall be approved by the Planning Staff. All lighting shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon abutting properties or streets. The site shall be reviewed by 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. d. All buildings shall have commercial fire sprinklers installed in accordance with the North Andover Fire Department. e. The site must have received all necessary permits and approvals from the North Andover Board of Health and the Conservation Commission. 4. Prior to the final release of security: 2 a. The site shall be reviewed by the Planning staff. Any screening as may be reasonably required 'by the Planning Staff and/or Tree Warden will be added at the applicant's expense. b. A final as-built plan showing the location of all on- site Utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Division of Public Works. 5. If parking becomes a problem, in the opinion of the Planning Board, on either Sutton Street or North Main, the applicant must work with the Planning Department in the resolution of any issues. 6. The dumpster shown on the plan must be enclosed entirely by a wooden stockade fence two (2) feet higher than the dumpster. 7. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this decision that die within, one year from the date of planting shall be replaced by the owner. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 13. All signs within the project shall be of wood with uniform lettering and design. The signs shall in no way be interior illuminated (neon or other means) . All signs designed for this project must be reviewed and coordinated between the Building Inspector and the Town Planner for approval. Display window signs may not cover more than twenty (20) percent of the display window area. 14. All mechanical devices (ie: HVAC, vents, etc. . . ) which may be visible from any surrounding,roadways shall be placed on the rear roof line. 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. Any action by a Town Board, Commission, or Department which requires changes in the plan or design of the building as presented to the Planning Board, may be subject to modification by the Planning Board. 17. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 18. This special Permit approval shall be deemed to have lapsed after April 10, 1997 (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. 3 The following information shall be deemed part of the decision: a. Plan titled: Site Development Plan Land in North Andover, Mass Sutton Street Retail Facility Owner/Developer: Sanlau Realty Trust 109-123 Main Street - Suite E2 North Andover, MA Scale: 1" = 20' Date: December 15, 1994 Prepared by: Merrimack Engineering Services 66 Park Street Andover, MA 01810 b. Plan titled: Conceptual Design Prepared for: San Lau Realty Trust 109-123 Main Street, Suite E2 North Andover, MA 01845 Prepared by: John Daly, Associates 26 Shaw Drive Wayland, Massachusetts 01778 Dated: January 20, 1995 Sheet A-1; Floor Plan Sheet A-2: Sutton Street Elevation Sheet A-3: Elevations cc: Director of Public Works Building Inspector Health Administrator Assessors conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File SuttonSq 4