Loading...
HomeMy WebLinkAbout2004-02-05 Recorded Decision Site Plan Review e . 9110 PG33 S Town of North And ' lJi � - � if b ' �1 r E8Pk I tCe of::t ie PlAnning Department ��•'° 7 u ty De e1®p neat and se � cep Di i vision f OV (Z 27 Charles Street orth Andover,Massachusetts 01845 '�a��`•6 2� V r 10 •-b P lE Telephone(978)688-9535 Pax(978) 688-9542 Notice Of Decision Any:appeal shall be filed ATT OTT Within(20)flay$ after the `!'rue Copy Date of filing this Notice "` In the Office of the Town Town Clerk Clerk Date: February 2004 Date of Hearing: 4ct0ber 21,2003, November b,2003;November 18, 2003,December 2,2063,December 16,2003,January 20,2004, February 3; 2004(dectsion) $.S"! Petition of: Baglewood Properties,LLC PO Box 337,Topsfield,MA 01983 c 71 Premises Affected: Rte 114 Map 24 Parcels 16, 17&Map 27 Parcel 22 Referring to the above petitlon for ar.81te Plan Review Special Permit. The applicatn loves determined to be complete and was noticed and reviewed In accordance with the Sec_i!6s 8.3, 1.0.3 and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A,see w So as to allow: The construction of a 77,5W square foot building,of retail space and restaurant space and associated utilities, grading,parking,landscaping and storinwater management structures. After a public hearing given:on tJhe above date, the Blanni"g 0oard[voted-to APPROVE, � the Site Plan Review Special"Permit,based:upon-the attached conditions: � Cc: Applicant Signed: Engineer Ifeldl oir fnni Acting own Planner Abutters on behalf of.- DPW Alberto Angles, Chairman Building Department George White,Vice Chairman Conservation Department Felipe Schwarz, Clerk e Health Department John.Simons ZBA Richard Nardella ,tames Phinney,Associate Member BOARD OF,AMp.$ALS 608.954 t BUILPINP.0$8-9545 CONORYATION 688-9534 HL3ALTH 688-9540 PL.ANNIN0 688-9535 ......:........1 L.-....,----------------,.,--- .,......... -,.,, ... ... ., ...,.,,..........,.........._ _..._ .�.....<.,�.i.,,,. i A + .1 9110 PG 324 Site Plan Review-Special Permit Eaglewood Shops—Route 114 The Planning Board herein approves the specWl Perm U.Sito Plan Ravlew for the construption of 77,500 square feet of retail space and r:estauront space. These buildings are located In the General Business Zoning District anO are on Map 24, Parcels 16: #1< 17 arid Map 27, Parcel 22. This Special Permit was roquested:t y BagI.ewood Properties, LLC, P.O. Bqx W, Topsfield, MA 01983, the owners of the land being the Lawrence Eagle Tribune Realty Trust, 100 Turnpike Street, North Andover, MA 01845. 'his application was filed with the planning Board on September 19, 2003. The applicant submitted a complete application which was noticed and reviewed In accordance with Sections 8.3, 10.3,.and 10.31 of the Town of North Andover Zoning Bylaw and MGL c.40A, sec. 9 The Planning Board makes the following findings as required by the North Andover Zoning Bylaws Section 8.3 and 16.3, FINDIN61S OF FACT: i. The specific site Is an appropriate location for the project as it is located In the General Business Zone and Involves the aonstructiion of poimltt�d use$ within those zones. Specifically the General Ou8;,ess 01strlct paimlts both ":retafi atores and wholesale stores, as well as "restaurants, dining room or Iuhch room". [Section 4:131.1. and 4.131.E of the Town of North Andover Zoning Byiawj. 1'hls:prvperty was rezonec#.at the May 12, 2003 North Andover Annual Town Meeting from]Residential 4 to General Business. A copy of the approval from the Attorney General's Office dated July 17, 2003 Is oh file at the North Andover Planning Department; aswell a8 the Declaration of Protective Covenants, Conditions and Restrictions recorded at the tesex North Registry of Deeds as Book 7920, Page 332. 2. The use as developed will not adversely affect the neighborhood as a sufflciernt buffer has been provided, All plantings '6d s0reenlr g dopiatod oft the- apsptovetf' plane referenced'herein,shall remaln In perpetulty over the fife otttae project. a, Froniggg of r Ceveio m t, Extensive landscaping has been provided around the fratltage bf 1ut"nplke Street. The landscaping has been placed so as to allow the existing stone wall to remain, as well as to accommodate 4 proposed stone wall entry features that are consistent with the existing stone wall and In accordance with the landscaping and site plans referenced In Condition#26. 1. Shade..7Treea: There will be 27 October Glory Red Maple Shade Trees 3.5-4" in callper, as well as 1 Sweetgum Shade Tree 3.5-4"in caliper. 2. Ornmwfal Una-: The ornamental trees Include 11 thornless cockspur hawthorn ornamental trees 8-10' in height,'6 clump shadblow serviceberry trees 8-10' In height and 6 clump kousa dogwood trees 8-10' in height. 3. Ga f M There will be 3 Austrian Pine Trees, 5-6'in height. 4. q rcrb Finally, a large amount of shrubbery, has been dispersed between the shade, ornamental and conifer trees than includes 72 hick's yew 24-3011 in height, 84 shamrock inkberry shrubs 24-30" In height, and 32 anthony waterer spiraea 18-24"in height b. ReeldelIJIMI A Ulna. Property: Special care has been taken to carefully screen all residentlsi Abu ttirig pr©partp rirptiy .dJaint to the proposed development. 1. Specifically, 10(ndseaping a(ljacept to the resIderltial propsrty MgRL24,Parcels 188 na d 19 contain a buffer'of 7 white pine trees, 7-8' in height, as well as 19 white pine trees, 10-12' in height. In addition, there will be 3 clump shadblow serviceberry trees 10-12' in height, Norway Spruce trees 10-12' In height, and 10 Austrian Pine trees 5.6' in height,In sum providing a very effective visual buffer 1 :.. ..........._._................ _ . . ........................... ...... 1 from the proposed development. 2. �andscaplpq and screening are also provided adjacent to the residential property known as Map 27. Par{e1 �1 to afso ensure proper screoning,and buffering. In this location, 7 white pixie trees, 7-n' In height are provided, as well as 14 Norway Spruce trees 5-6' In height. In addition, 3 Austrian Pine 'Trees, 54 In height as well as 2 sweetgum shade trees 3.54 in height will be placed In this landscaped buffer. 3. Landscaping and screening are provided adjacent to the residential property located to the rear of the site in Andover, Massachusetts; known as Map 1, Lot 3 on the Andover Assessors map. Along this property line, a minimum of 40 Eastern Red Cedars, 50 in height, 14 White Spruce, 50 in height and 1 White Pine, 10-12' in height will be provided for a landscaped buffer in addition to retaining walls. c. CoMmi1rcial. Abylling.Pro.129LI There is also adequate landscaping provided around'the parlmeter of the existing Northmark Sank Property so that the landscaping provides a level of distinction between the two developments but is consistent with existing vegetation that will remain, The landscaping proposed as part of this development Is fisted below: 1. 9-hads Trees; There will be 11 October Glory Red Maple Shade Trees 3.5.4" in caliper,as well a&4 Littieleaf Linden Shade Trees 3.5-4"In caliper. 2. otamenWTieas: The ornamental trees Include 9 Clump Shadblow Serviceberry ornamental trees 10.12' in height, and 5 Heritage River Birch ornamental trees 12-14' In height. 3. Cc►, n1fers: There will be 6 Austrian Pine Trees, 5»6' In height, 7 Austrian Pine Trees 10-12' in height,l8 Norway$pruce trees 5-6' in height, 4 White Pine trees 10.12' in height, and 17 White Pine Trees 7.8' in height. 4. hrQb4gM. Finally, a large amount of shrubbery has been dispersed between the shade, ornamental and conifer trees that includes 12 Cardinal Red Twig Dogwood shrubs 24 in height, 40 Rosebay Rhododendron shrubs 2-2.5' In height and 4 Hick's Yew shrubs, 24 In height. 3. There will be no nuisance or serious hazard to vehicles or pedestrians. The traffic data.. has been reviewed by the town's traffic consultant, VAII. The applicant has provided three access/egress drives to the site. the traffic signal, the right-in driveway at the`left" and of the site, and the right-in driveway closest to Peters Street. The applicant will also be providing the following traffic rrlitigation: a. The applicant will also provide for an Interconnection/coordination system lighting at the following intersections: Waverly Road/Cotuit Street; Eaglewood Shops/Eagle Tribune; Peters Street; Andover Street. b. Widen Route 114 along the project site frontage between the proposed Eaglewood Shops driveway and the Eagle Tribune driveway to provide an exclusive right-turn lane into the proposed Eaglewood Shops site. c. Install a full-actuated traffic signal at the Intersection of Route 114 and Eaglewood Shops. d. Provide Opticom'emergency-vehicle pre-emption equipment where required within the proposed four-signal system along Route 114; e. Widen Route 114 within the existing state highway layout by five-feet or less to provide an exclusive left-turn lane Into the proposed Eaglewood Shops site. 4. The landscaping approved as a part of this plan meets the requirements of Section a.4 as amended by the Planning Board, of the North'Andover,honing Bylaw, see Finding #'f2 for further detail on the landscaping plan; 2 "iRTiR{Ffta.X«sr-.vA.<...*fs'n..+a........ ....................................... ............ - - .................,.. -w. - c ' FIG 32fSs 5. The site drainage system Is designed in accordance.with the Town Bylaw requirements and has been reviewed and approved by the Outside Consulting'Enginser, MHt'F Design. B. 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 oporatlon of the proposed USE). The project will provide for municipal water, setiver and V.thities on the property to adequately address the needs of the project. Furthermore, the design of the retail facilities contain design characteristics that are present in traditional town centers, and nearby commercial projects in North Andover. The storefronts and side facades contain numerous pedestrian scaled elements including canopies, brick and stone, pllasters, stone. bases, smaller display windows and vertical separations, creating an aesthetically pleasing retail project. The project also contains tasteful lighting with banners throughout to enhance the pedestrian village leel of the project. Finally the Planning Board finds that this.project generally complies with the Town of North Andover Zoning Bylaw requ€r*nents as'l€:sted 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. Environmental Monitor: The applicant shall designate an independent Environmental Monitor who shall be chosen In consultation with the Plahriing Department. The Environmental Monitor must be available upon four(4) hours` notice to inspect the site with the Planning Board designated official. The name and phone number of the Environmental Monitor must be provided to the Planning Department In the event that this person has to be contacted, due to an emergency at the site, during any 24,hour period, including weekends. The Environmental Monitor shall make weekly Inspections of the project and file monthly reports to the Planning Board throughout the construction and for as long as the ground remains unstabilzed within 100 feet of wetland resource areas. The monthly reports shall de4tail areas of non-compliance, and include actions necessary to resolve these issues. One particular area of 'concern will be the construction of the detention pond and retaining walls throughout the site. Separate reports must be provided relative to the construction of the retaining wall and the detention bond in addition to the regular reports to be given as outlined above. The designated monitor may not be applicant and/or developer. The designated monitor may submit duplicate reports as those submitted to the Conservation Department so long as they address the requirements above and the inspections are conducted on a weekly basis and a monthly report is filed with the Planning Department. The 9nvironmentai WOW muot oversee any emergency placement of sedimentation controls and reouiar inspection or replacement of sedimentation control devices sand assume responsibility for their maintenance an a weekly basis. The environmental Monitor will be required to inspect all such devices and oversee cleaning and the proper disposal of waste products. Cleaning shall include removal of any entrapped slit. The Environmental Monitor must be present on site during dewatering activities conducted within proximity to wetland resource areas. In addition, all wetland resource areas must be visually inspected for siltation, turbidity, and/or other water quality Impacts. The Environmental Monitor must visually Inspect all graded slopes for stability. 2. Construction Monitor: The applicant shall designate an Independent Construction Monitor who shall be chosen in consultation with the Planning.Department, The Construction Monitor must be available upon four(4) hours' notice to inspect the site with the Planning Board designated official. The Construction Monitor shall make weekly inspections of the project and file monthly reports to the Planning Board throughout the duration of the project. The monthly 3 Y e , Bea. 911.0 PG 32 on- om I n an actions taken to resolve these Issues. reports shell detail arQa of h C pl�ance, If d . . The designated monitbr May not b6:the applicant and/or developer. The designated monitor may not be 00 pllcant and/or developer. The weekly Inspections and monthly reports provided to the Planning Department shall Include the following: a) site clearing; b) erosion control; c) drainage and detention structures; d) on-site water and sewer utilities; 9) parking spaces and related pavement; f) curb outs; g) retaining walls; h) site screening, landscaping and street trees; l) site restoration, j) final site cleanup, 3. Prior to the endorsement of the plans by the Planning Board, the applicant must comply with the following conditions: a) The final,pl an,must be reviewed and approved by the North Andover Department of Public Works, the town's outside engineering consultant, the Town Planner, and must be subsequently endorsed by the Planning Board. The plans and/or additional data nwst be revised and provided to MHF so as to address Items #3 and #4 of MNF's memorandum dated December 12, 2003. The applicant, its employees and all successors and assigns must also submit revised plans which will accommodate a pedestrian connection between the project and the property referred to as Map 1, Lot 3 ,ln Andover, MA. If in the event the two parties come to a mutual agreement that the connection be provided, the pedestrian connection shall be built by the applicant, Its employees and all successors and assigns as depicted on the revised plans. The final plans must be submitted for review within ninety days of filing the decision with the Town Clerk. b) A site opening/erosion control bond shall be posted (per agreement with the North Andover Planning Board) in the.totdl emount of twenty thousand..($20;OOO OQ) dollars for.. the purpose of cov..ering any'contingeneles that might affect the public welfare such as site opening, clearing, erosion coat€ol and performance of any other condition contained herein. The Guarantee shall be in the form of a check made payable to the Town of North Andover escrow account. c) All site plan application and escrow fees must be paid in full and verified by the Town Planner. 4. Prior to the start of eonstructlon., a) A pre-construction meeting shall be held with the applicant, Community Development glreGtor, Town Planner, Director of Eh lri ewing from the Department of Public Works, and the designated Environmental Monitor and Construction Monitor as listed In Conditions#1 and #2. The purpose of this meeting will be to review the phasing of the development and for the applicant to submit a construction schedule shall be submitted to all at the pre-construction meeting for the purpose of tracking the construction and Informing the public of anticipated activities on the site. The applicant will also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which may occur as a result of the installation. b) During construction, the site must be kept clean and swept.regularly throughout the construction process. Dust mitigation, dewatering and roadway cleaning 4 K 9110 PG 28 must be perfgrmed weekly, or more frequently as d€ctated by site and weather conditions and as directed'by-the Town Planner. c) The developer must deposit funds to pay for the Town's Outside Engineering Consultant to perform Inspectional services for the construction of this project. Inspectional services will Include but are not limited to the following:'Installation of on site sewer, water and drainage facilities, fill material installation, pavement, curbing and sidewalk installation, etc. The estimate of the cost of construction inspectional services will be calculated by the Town's Outside Engineering Consultant upon receipt of final endorsed site plans and other necessary construction documents and the final cost shall be set by mutual agreement of the Town's Outside Engineering Consultant and the developer. In the absence of mutual agreement, the Planning Board shall set the final cost. d) A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the construction and informing the public of anticip'Otod activities on the site.. e) 'it shall be the responsibility of the developer to assure that no erosion on the site shell oocur wh(oh will cause deposition of soil or sediment upon adjacent properties or pu14'c ways, except as normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis for the Planning Board making a finding that the project is not in compliance with the plan; provided, however, that the Planning.Board shall give the developer written notice of any such finding and ten days to cure said condition. f) Yellow "Cautlon" tape must be placed along the limit of.clearing and grading as shown on the plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or clearing on site. g) A Performance Guarantee in an amount to be determined by the Town's Outside j Engineering Consultant, shall be posted to ensure completion of the work in accordance with the Plans approved as part of this conditional approval. 'The.. bond must be in the form acceptable to the North Andover Planning Board. Items covered by the Bond may Include, but shall not be limited to: i) as-built drawings; ii) on-site sewers and utilities; 111) curb cuts and parking spaces; lv) lot and site erosion control; v) site screening and street trees; A) drainage facilities; A)site restoration; vial)final site cleanup. fi) The applicant shall provide the Planning Board with copies of permits, plans and decisions received from-all other town boards, commissions or:departments. In addition to receipt of these plans, the applicant shall supply the Town Planner with a letter outlining any and all revisions resulting from sWd permits, plans and decisions received from other town boards, commissions and departments that differ from the approved plans referenced in Condition 24, i) Building'permits must be obtained for retaining walls over 4' high on unbalanced fill. 5 BK 110 PG 329 5. Prior to FORM 0 verification(Quip ing Permit Issuance): a) The Planning Board must endorse the final site plan mylars and three (3) copies of the signed plans must be delivered to the Planning Department, b) One certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant shall adhere to the following requirements of the North Andover Fire Department and the North Andover Building Department: 1) All structures must contain a commercial fire sprinkler;system. The plans and hydraulic calculations for each commercial system Ohall be submitted for review and approval by the North Andover Fire Department. Plans and hydraulic calculations for each commercial system must also be supplied to the Buildfgg Department, d) The applicants, its employees, successors or assigns, shall be obligated to become a participating membgj of the Merrimack Valley Transportation Manegamen# Association (MVTMA), subject to payment of all dues and other obliga(lons of membership. The applicants, Its employees, successors or assigns, shall remain a member as long as the project is In existence and shall be required to flie a declaration stating such membershlp is current on or before January 15 annually. The applicants, its employees, successors or assigns shall submit a copy of this declaration to the Planning Department, Information regarding the MVTMA can be obtained from the Planning Department, If the applicants, its employees successors or assigns are required to comply with a substantial increase in the fees charged by the MVTMA, or any other unforeseen complications relative to their required membership in the MVTMA, the applicants, its employees, successors or assigns shall request a hearing before the Planning Board. The Planning Board shall then determine whether or not such required membership in the MVTMA shall continue. e) An as-built plan must be submitted to the Division of Public Works for review and approval prior to acceptance of the sewer appurtenances for use. 1 f) The applicant is required to pay sewer mitigation fees at the Department of Public Works. Proof of payment must be supplied to the Planning Department. ti. Prior to verification of that Ceirtiflo.ateof Ocoupanoy: a) The applicant must submit'a letter frorn the architect and engineer of the project stating that the building, signs, landscaping, lighting and site layout substantially comply with the plans referenced at the end of this decision as endorsed by the Planning Board. b) The Planning Staff shall approve all artificial lighting used to Illuminate the site. All lighting shall be built in accordance with the documentation provided or similar products with exact specifications as listed below: 9. BermeyerArchitecture& Interiors,'Parking Lights D.1, Blade Sign C.1 and C.2; 2. Sun Valley Lighting, Job/Project Information, Eaglewood Shops, North Andover, MA' 3. Sun Valley lighting, Luminalre Accessories; 4. USA Archliectural Lighting, A5-1, A -2, 6. Signage and Lighting Key Plan, Eagiewood Shops, Bermeyer Architecture & Interiors, Sheet A-02. 6 BK 0 PG 33 6. Photometrics, Sheet A3, Dermeyer Architecture & Interiors dated 11/26/03 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 Planning Staff shall review the site. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. All site lighting shall provide security for the site and structures however it must not create any glare or project any light onto adjacent residential properties. c) The commercial fire sprinkler systems must be Installed, in accordance with referenced standard NFPA 13D and in accordance with 760 CMR, iOhapter 9 of the Massachusetts State Building Code. Certification that the systems have been installed properly In accordance with the above referenced regulations must Pe provided from both the North Andover Fire Department and the North Andover Building Qopariment to the applicant. The applicant must then provide this certification to the North Andover Planning Department. d) Any and all signage plans for the site which have been provided to the Planning Board during the site plan review process were presented for the materials of the signage only. Any signage plans must conform to Section 6, Signage and Outdoor Lighting regulations of the Town of North Andover Zoning Bylaw and must be approved by the Building Department. In .no wAy is the applicant to construe that the Planning Board has reviewed and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building Department, All additional permits must be obtained by the Planning Board are plans provided to the PI g applicant prior to construction. Signagep included in the plans listed below: Plan Titled: Floor Plans, Roof Plans, Signage & Lighting Key Plan, Photometrics., Elevations, Building Sections, Signage, Retail#2- #3 & Restaurant Above Buildings, Rotall #1 Building, Retail 3 Elevations, Street View Perspective, Sidewalk View Perspective, Staples Perspective, Ar€el Perspective, Storefront Sections and Details,Tenant Design Criteria for Eaglewood Shops Prepared For-, Eaglewood Shops, North Andover Prepared By: Bergmeyer Architecture and interiors Scale: 1"=40' Date, 11/26/03 Sheets: Al, Al A, A02, A3, A4, A5, A5A,A5B, A6,A7, A8,A8A, A813, A8C, A9, Al e) The applicant must supply a copy of the.approved Massachusetts Highway Department permits necessary for access and construction of the site to:the Planning Department. Failure to obtain all the necessary Massachusetts Highw"al y Department permits for construction and access to the site, In strict accordance with the approved plans, will result in denial of an occupancy permit for-any and all buildings depicted in the plans referenced herein. In the event the Massachusetts Highway Department requires a change in the access/egress other than what was approved in the Chapter 61 Findings, the applicant may submit revised plans as referenced in Condition 22 contained herein. f) If the initial applicant, or subsequent owners, successors or assigns, In the course of continued business operation, wish to open a restaurant(s) that exceeds the 9,000 s.f. referenced In the approved plans as noted In Condition 24, the applicant must, prior to allowing such restaurant(s) to open for business, submit revised plans to the North Andover Planning Board and North Andover Building Commissioner, demonstrating that adequate additional parking exists on the site as defined in Section 8.1 of the Town of North Andover Zoning Bylaw, If the Town Planner deems these revision to be substantial 7 �..., -�__........._. ............ . ........._ i °;< 911. 0 PG 33 as defined In Section 8.$.8, the applicant must submit revised plans to the Planning Board for approval. 7. prior to the final rglease of security; a) The Planning Staff shall review the site. Any screening as may be reasonably required by the Planning Staff will be added gtt the applicant's expense. After the detention pond Is completed, the Town Planner will review the site and any screening es may be reasonably required by the Town Planner will be added at the applicant's expense. b) A final astbulit plan showing final.topography,the location of all on-site utilities, structures, curb cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning Staff and the Division of Public Works. 8. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed anq'.approved by the Planking Staff. Any approved piles must remain covered at all times to minimize any dust problems that may occur with adjacent properties. Any stock plies to remain for longer th6n one week must be fenced off with siltation fence and coven. 9. In an effort to reduce noise levels, the applicant shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or site, 10. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m. Monday through Friday.and between 8;00 a.m. and 5,00 p.m. on Saturday. 11, Any plants, trees or shrubs that have been Incorporated into the Landscape Plan approved In this decision that die within two years from the date of planting shall be replaced by the owner. All plantings and screening depicted on the approved plans shall remain In perpetuity over the life of the project. Reasonable substitutions may be. allowed as determined by the Town Planner, but size and coverage must be maintained throughout the duration of the project. 12. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. .13, Gas, Telephone, Cable and Electric utilities shalt be installed underground as specified by the respective utility companies, 14. No open burning shall be doge except as is permitted during burning season under the Fire Department regulations. 15, No underground fuel storage shall be Installed except as may be allowed by Town Regulations. 16, The provisions of this condltionai approval shall apply to and be binding upon the applicant, Its employees and all succeseofis and designs In Interest or control. 17. All blasting shall be in complete compliance with regulations and procedures required by the North Andover Fire Department. The appileant shall offer a pre-blast survey to any structure within 1000'of the blast site. 8 v m K 9110 PG 332 18. All snow storage is to be removed from the site and no snow shall be dumped Into the detention basin or adjacent to the wetland. All snow storage that 'is stockpiled, temporarily shall be located in the temporary snow stoekpllg areas denoted on the plan dated October 2003,' Figure S-1, Snow Storage and Flemoval Plan designed by VHB. Snow storage shall not result In the loss of parking spac.es except during prompt removal operations. 19. All shopping carts shall be placed in a covered location as indicated on the site plans. Tenants shall use diligent efforts to retrieve its shopping parts from the common areas and return them to the area designated on the site plans. Tenants further agree to use reasonable efforts to prevent the use of its shopping carts In the center from Interfering with the Eaglewood Shops and the use of the parking lot. 20. Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m. and 11 p.m. seven days a week. 21. The reserve parking, and parking.area Is depicted on Sheet 011.- If the Town Planner deems that post obnstruotinn traffic and parking conditions warrant additional parking, the Town Planner will require the applicant to appear in front of the Planning Board. The applicant:will then make a presentation as td how many parking spaces are being utilized and the Planning Board Mall evaluate this data and determine the need for the applicant to construct the reserve parking area. If the Planning Board determines construction of the reserve parking area is warranted, the applicant shall construct the parking as depicted on Sheet C11. Failure to construct the reserve parking area as depicted on Sheet C11 will result in revocation of certificates of occupancies for any and all buildings referenced in Condition#24. 22. The Planning Board expects that the {project will be built In accordance with the herein referenced plans and specifications arid.in full accordance with the design elements and features displayed and discussed during the Public Hearings. Any revisions shall be j submitted to the Town Planner for review in accordance with. Section 6.3.8 of the Zoning Bylaw. If the Town Planner in hWher sole discretion deems these revisions to be substantial as defined in Section 8,3,8, the applicant must submit revised plans to the Planning Board for approval. 23, This Special Permit approval shall be deemed to have lapsed after ERUMry a0g§ (two years from the date permit granted) unless substantial use or construbtion has commenced, Substantial use or construction will be determined'by. a majority vote of the Planning Board. 24. The following Information shall be deemed part of the decision: Plant Titled: Eaglewood'Shops,Turnpike Street(Route 114) North Andover, MA Prepared For: Eagfewood Properties, LLC P.Q. Box 337 Topsfleld, MA 01 M Prepared By: Vanasse, Hangen:Brustlin, Inc. Scale: 1"=40' Date: September 19,2003, revised 11/26/03, 12/29/03 Sheets: CA C-1, C-2, C-3, C-3A, C-3B, C-3C, C-4-C-13, SV-1 Plan Tittedt Floor Plans, Roof Plans, Signage & Lighting Key Plan, Photometrios, Elevations, Building Sections, Signage, Detail#243 & Restaurant Above Buildings, Retail 0 Building, Retail 3 Elevations, Street View Perspective, Sidewalk View Perspective, Staples Perspective, Ariel 9 .d v Perspective, Storefront Sections and Details, Tenant Design Criteria for Eaglewood Shops Prepared For: Englewood Shops, North Andover Prepared By: Bergrmeyer Architecture and Interiors Scale: 1"=40' Date: 11/26/03 Sheets: A1, Al A, A02, A3, A4, A$, A6A,A56, A6,A7, A8, AeA, A8B, ABC, A9, A10 Report Titled: Drainage and Stormwater Quality Report Prepared For: Eaglewood Shops Retall Development Dated: September 2003, revised October 2003, revised 11/26/03 Prepared By: Vanasse Hangen Brustlin, Inc, Report Titled: Expanded Environmental Notiflcation Form Prepared For Englewood Shops Prepared By: Valhasse, Hangen Brustlin,Inc. Dated: May 16, 2003, revised 10/29/03, 11/26/03 Report Titled., Single Environmental Impact Report Prepared For: Neglewood Shops Prepared By: Vanasse Hangen Brusti€n, Inc. Dated: September 15, 2003 Momerandum Prepared For: Heidi Griffin Prepared By: Karl Dubay, MHF Design Dated: December 12, 2003 cc: Applicant Engineer File 10 I