HomeMy WebLinkAbout2024-04-16 Supplemental Filing LSPR 3/11/24,2:21 PM Town of North Andover Mail-Fw:Proposed Church at Chickering Plaza
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Massachus'Its Jean Enright<jenright@northandoverma.gov>
Fw: Proposed Church at Chickering Plaza
Shadi Asrtmar<shadoudi@hotmail.com> Fri, Mar 8, 2024 at 4:59 PM
To: "jenright@northandoverma.gov" <jenright@northandoverma.gov>
Cc: Joseph DiBlasi <jdiblasi@diblasllaw.com>
Hi Jean,
Thanks for sharing this proposal for the new church. I shared with the other commercial board member at
Chickering Plaza (Joe Diblasi) whom I have cc'd here.
The following is our feedback and concerns:
1) A gathering of 15 people would not/should not be a problem, but we can attest that on the Thursday
night that they were open a few weeks ago, all parking spaces were taken and there were lots of
double parking/parking in non-spots, etc. Thursday evening is already prime time for the other
businesses in plaza.
2) What is to prevent them from straying from the Maximum of 15 during the week?
3) They don't specify the number of people who are expected to attend on Sundays, but by all
indications, including the 100 or so seats set up inside (their plan shows what appears to be about 80
seats, but?), their contacting the neighboring banks for use of their parking, and their counting
parking spaces that don't even belong to us (ie. the 2 banks parking lots), they are expecting dozens
and dozens of people. This means that the current existing business who are open on Sunday (the
gym, Sun Bar, Polished Nails) would be shut out of parking for their customers. Moreover, None of
the other businesses (or future business who come in) would be allowed to change their hours and
open on Sunday if they felt the need to do so.
4) In question 15-they answer the seating capacity/number of people/employees with "TBD". In
question 17, they state occupancy is "TBD". This is concerning.
5) There are not 208 spaces available. We count 176 including many handicap spaces which often are
not usable. Moreover, when you subtract the back "employee" spaces, there is really only about 160
parking spots. A set-up of 80-100 seats implies that they expect about 40-50 cars parked for the 3
hour duration. This is about 1/3 of the available spaces; a hugely disproportionate amount and unfair
to the other businesses/owners. The gym, the Sun Bar, and the nail salon currently need and use
about 2/3 of the 160 parking spots for their customers, which does not leave enough spaces for the
number of cars expected. The complex can't handle the numbers contemplated. As Kelle can attest,
the complex had parking issues when her unit was used as a retail store.
6) There is currently a large unoccupied unit (Travel Agency that is for Lease) in the front building that,
once occupied, will only significantly add even more demand to the very tight parking. This type of
occupant, a church or event-type use (which has a very large number of users/invitees/customers
who stay on the premises for a long duration) is the very worse option from a parking perspective and
that use would cripple our parking lot and could very much hurt the existing businesses.
Please Keep us in the loop and let us know if you have any questions.
https://mal l.google.com/mail/u10/?ik=7c2off6265&view=pt&search=all&permmsg id=msg-f:1792996990979149536&slmpl=msg-f:1792996990979149536 112
......... ... ... . . Brian G. Vaughan, Vtii .OLAKVVµIJJHyNJa I� 978-32?-521 7 I' 918-327-5219
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April 2, 2024
Via Email
Eitan Goldberg, Chair
Planning Board
Town of North Andover
120 Main Street
North Andover, MA 01845
RE: Application for Limited Site Plan Review and Waiver Requests in
connection with Conversion of Use to Religious Use
Property: 565 & 567R Chickering Road
Owner: Kellee Twadelle Trust of 2019
Applicant: Ministerio Bethel Centro de Adoracion
Dear Eitan and Other Board Members:
We are representing Kellee Twadelle, as owner of 565 and 567 Chickering Road,
in connection with the above-referenced application as it was recently submitted
by Kellee on behalf of her Tenant, Jefte M. Barranco, Pastor of Ministerio Bethel,
CDA. Please accept this letter as a supplement to and in further support of the
application.
In response to initial feedback and concerns raised by certain abutters, the
Applicant has conducted outreach to neighbors and the Owner has also had a
meeting and follow-up discussion with the Condominium Association. To help
address the concerns that were raised, the Owner and Applicant have outlined a
proposal relating to the Tenant's operations which was provided to the
Condominium Association and is included with this letter. As further detailed in
the attachment, the key terms are summarized as follows:
• Applicant has obtained an agreement for the church's use of the
KinderCare parking lot for 25 offsite overflow parking spaces
• Maximum occupancy of 100 seats is proposed for large congregational
events and masses, to be held on Sundays until 2:00 PM
• Smaller group events such as proposed bible study, would be held on
evenings and earlier in the week when there is a lesser demand for
parking (ie, proposed Thursday evening meetings moved to Monday)
• Pastor to request that the congregation carpool and use offsite and
dedicated onsite spaces first before filling general use parking spaces
• Church to designate a contact/representative to act as liaison with
property management company and respond to complaints
(00286950;vI}
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North Andover Panning Board
April 2, 202d
It should be noted that the Applicant is a non-profit entity formed pursuant to
MGL c. 180 that operates as a church and ministry. Even though the proposed
religious use is allowed as a matter of right in the General Business (GB) District,
the application is also still entitled to protections generally afforded for religious
uses under the so-called "Dover Amendment" (MGL c. 40A § 3), including with
respect to dimensional and other requirements. As such, subject to a
reasonableness standard, the application may be determined to be exempt from
certain requirements of the local zoning bylaw and the Planning Board may
waive parking and other dimensional requirements as might otherwise apply to
the Property for the proposed religious use.
In this regard, the Owner and Applicant cite the following factors which they
believe require the approval of the application and requested waivers under a
standard of reasonableness:
• The highest demand for parking for the religious use would occur on
Sunday mornings at off peak times to other uses, as Shadi's is closed on
Sundays and many other office and retail uses are closed or open later on
Sundays
• With respect to other usage by the church (ie, other than Sunday
services), the demand for parking is anticipated to be substantially
consistent with parking requirements for prior retail operations at the
Owner's Property (ie, whereas prior retail/office uses at Rose and Dove
would have required 16 spaces allocated under the zoning bylaw, the
proposed bible study use is anticipated to be of same or lesser parking
demand) and thus should not trigger site plan review
• Historically, it appears that other changes of use at the plaza have been
approved by the Town without site plan review and without scrutiny of
parking compliance
For these and other reasons to be presented at the meeting the Owner and
Applicant believe that the application and waivers requested are reasonable and
should be approved.
Very truly yours,
Brian G. Vaughan
IBGV
enclosure(s)
{I){12Rf 950;v I)
Proposed Application for Approval of Limited Site Plan Review E
and Conversion of Property to Religious Use
Property/Unit: 566 & 567R Chickering Road (Units 1 & 2, Building B)
Owner/Landlord: Kellee Twadelle Trust of 2019
ApplicanYTenant: Ministerio Bethel Centro de Adoracion
As follow-up to Owner's discussion with the Chickering Condominium Association Board
and the Management Company with respect to the above matter, the Owner and
Tenant provide the following additional information and propose the following
terms/conditions in seeking support for the change in use and limited site plan review
approval:
1. Tenant masses or any other full congregational services for the church would be
limited to Sunday mornings and early Sunday afternoon (running until 2:00 PM).
The Tenant has obtained approval from KinderCare (across Rte 125 from plaza)
to use their parking lot for additional overflow parking on Sundays (See Exhibit A
attached with email chain from KinderCare confirming agreement to allow use of
parking lot.) Based upon google maps imaging (see Exhibit B attached),
KinderCare has approximately 25 spaces (of which 1 is handicapped), for use at
peak demand for church services on Sunday mornings. In addition to the offsite
overflow parking, the Tenant has also obtained approval from Santander Bank
(Building A in the condominium) to use their dedicated parking lot with 22
exclusive use parking spaces for Sunday services, and the Tenant would also of
course be entitled to use the Owner's 10 exclusive use spaces. Based upon the
overflow parking agreement with KinderCare and the use of the Santander and
Owner exclusive use spaces, the Tenant would have 57 dedicated spaces
available for Sunday services. Parking requirements as per the North Andover
Zoning Bylaw for this proposed religious use would require .6 spaces per seat, so
based upon an 80 seat occupancy this would require 48 spaces and based upon
100 seat occupancy this would require 60 spaces. Given that the Sunday
morning church services are off peak to begin with (as many of the businesses in
the plaza are not open) and considering the overflow parking arrangements that
the Tenant has secured for Sundays, the Tenant would seek approval for up to
100 seat occupancy for Sunday services.
2. The Tenant has also agreed to request that the congregation please utilize the
overflow parking lots and dedicated exclusive use spaces prior to using other
spaces at the plaza on Sundays and will also request that members carpool to
the extent possible to limit parking demands and in order to best accommodate
other business owners at the plaza. The Tenant has confirmed this agreement by
letter (see Exhibit B attached), and the Pastor will also issue periodic reminders
to the congregation as needed.
[00286806;v3)
3. In addition to the Sunday services, the Tenant had been intending to conduct
bible study groups which were originally proposed to meet on Wednesday and
Thursday evenings. The bible study groups are anticipated to attract attendance
of approximately 15 people on average. Based upon restaurant operating hours
and associated higher parking demands at the plaza later in the week as
opposed to earlier in the week, the Tenant has agreed to move its bible study
group from Thursday evening to Monday evening. The Tenant has confirmed this
agreement by letter (see Exhibit C attached). To the extent that any additional
nights were to be added for bible study programs, they would be scheduled on
Tuesday and Wednesday evenings.
4. To assist with communication and to help best address any issues in real time
should they arise, the Tenant will also agree to keep the condominium
association and management company apprised of the Tenant's direct contact
information and of a designated representative of the church who will be
responsible for fielding and addressing complaints, if any should arise. The initial
contact representative for the church is as follows:
Name: Jefte M. Barranco
Title: Pastor
Phone: (978) 397-7529
Email: 'gf�grranco@_grr,ail.qorD
The Tenant will provide updated contact information for the designated individual
should it change in the future.
{00286806;0)
Exhibit A
Email From KinderCare Confirming Allowed Use of Parking
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Exhibit B
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Exhibit C
Letter of Jefte M. Barranco concerning Overflow Parking and Carpooling
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March 27, 2024
Rw Overflow Parking
To whom it may concern,
I Hope this letter finds you well. My name Is Jefte Misael Barranco, the Pastor of Ministerio
Bethel CDA, our local church located at 565 Chickering Rd. North Andover, MA.
This letter represents the agreement from Ministerio Bethel CDA to inform our congregation to
utilize the overflow parking lots available to us before using the spaces located in the plaza
during Sunday services. We will also suggest that our members carpool whenever it Is feasible
for them to do so.
As a congregation, our goal is to better serve our community and be good neighbors. We hope
this agreement will be mutually beneficial for all parties.
Please feel free to reach out to me directly at (978)397-7629 or if
there are any other questions or concerns,
with warmest regards,
Je f fe�M L'caeL r3as-rc> co-
Jefte Misael Barranco
Pastor of Ministerio Bethel, CDA
(00286SO};0l
Exhibit D
Letter of Jefte M. Barranco concerning Bible Study Rescheduling
,MINISTERIO BET I,
l
March 27, 2024
Re: Agreement to conducting Bible Study on Mondays
To whom it may concern,
hope this letter finds you well. My name is Jefte Misael Barranco, the Pastor of Ministerio
Bethel CDA, our local church located at 555 Chickering Rd. North Andover, MA.
This letter represents the agreement from Ministerio Bethel CDA to conduct our Bible Study
sessions on Mondays, Instead of later in the week.
We hope that this arrangement will help alleviate the higher parking demands that can occur
later in the week.
If needed, please feel free to reach out to me directly at (978) 397-7529
or j el aLranco a mail.cotLi to discuss this matter further.
with warmest regards,
Jeff&MihatL 6"ra*.eo-
Jefte Misael Barranco
Pastor of Ministerio Bethel, CDA
{002868(16;v3)
I
BRIGS
Chickering Plaza Trust
c/o Brigs, LLC
163 Main Street, Suite 201
Salem,NH 03079
April 10, 2024
Plam-ling Board of North Andover,ATTN: Jean Enwright, Plamiing Administrator.
Re: 565 Chickering Road,North Andover, MA 01845
On behalf of Chickering Plaza Trust,
The Board of Trustees and Property Management of the Chickering Condominium Association
(the"Association") appreciate the Planning Board's request to receive and hear the Association's
input and concerns regarding parking.
Parking at the complex has been and continues to be the number one obstacle, and it is a concern
for which the Association continues to seek options. As the Board may know, there have been
previous prospective businesses who have sought use and occupancy permits for the complex,
but who were denied same due to inadequate parking, Upon review of the application, the
Association had significant concern when it was indicated that the church would be expecting
100 or so parishioners on Sundays. Furthermore, when the church previously had a bible study
session on a Thursday,prior to its applying for this Site Plan Review, and as previously noted,
the parking lot was Rill beyond capacity, with no spaces available and with several vehicles
parked in non-marked spaces. This, understandably, gave the Association further concern.
Subsequent to the Association's submission of its initial concerns to the Board in early March, it
had some communication with the owner, Kellee Twadelle, via her attorney. The Association
appreciates their willingness to confer and seek solutions. At the hearing on April 2"d, Kellee and
the tenant applicant(the "Applicant") made certain representations/assurances in seeking
affirmative approval by the Board, including: 1) that it would have arrangements with 3
neighboring businesses to use their respective parking lots on Sundays; 2) that it would have
parishioners use these"satellite"parking lots before they use the Association lot; 3)that it would
The Association respectfully also requests that a meeting with the Board be scheduled
approximately three months from the issuance of any approval so that the Board can reassess
compliance and resolve any related issues and concerns.
i
Respectfully submitted,
i
Emily Walsh
Property Manager
Brigs, LLC
i
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April 15, 2024
Via Email
Eitan Goldberg, Chair
Planning Board
Town of North Andover
120 Main Street E
North Andover, MA 01845
RE: Application for Limited Site Plan Review and Waiver Requests in
connection with Conversion of Use to Religious Use
Property: 565 & 567R Chickering Road
Owner: Kellee Twadelle Trust of 2019
Applicant: Kellee Twadelle/Ministerio Bethel Centro de Adoracion
Dear Eitan and Other Board Members:
We are in receipt of the letter (the "Condo Board's Letter") submitted to the Planning
Board by BRIGS LLC, on behalf of the Board of Trustees and Property Management
(the "Condo Board") of the Chickering Condominium Association (the "Association"),
dated April 10, 2024 concerning the above-referenced application (the "Application").
Please accept this letter in response to the Condo Board's Letter and as further
supplement to and in support of the Application.
A. Response to Condo Board's Letter. The Applicant and Church have sought to
cooperate with the Condo Board, the Association, other unit owners and all
neighbors, and will continue to work with all to seek to improve any parking plan
going forward. But the Applicant is concerned with potential discriminatory treatment
of the unit, unit owner, Church and the proposed religious use. Any restrictions
imposed on the property or Church must be reasonable and lawful. The Applicant
objects to the contingencies and conditions as proposed by the Condo Board and
believes that incorporation of such conditions as contingencies into the Town's
decision would be in violation of the Dover Amendment, as an unreasonable
regulation of a proposed religious use.
Further, the Planning Board decision should not be used as a means for the Condo
Board to interfere with an individual owner's rights and impose property restrictions
upon a particular unit and use, especially a religious use when the Condo Board has
not and does not otherwise seek to privately enforce existing parking restrictions or
to impose similar restrictions uniformly upon other owners and businesses at the
complex who have overburdened parking without perhaps seeking appropriate site
plan approvals in the past.
With regard to the Condo Board's Letter, the Applicant believes it is important to
highlight the following points:
100287664;v2l
EAST MILL,21 High Street,Suite 301,North Andover,MA 01845
W W W.SMOLAKVAUGHAN.COM
SMOLAK & VAUGHAN LLP
North Andover•Panning Board
April 15, 2024
Page 13
6) that it would not operate (including have any masses or other functions)
during the week, and especially during Thursday through Saturday; 7) that it
expects a total of 15 parishioners in attendance at the bible study session.
This is not completely accurate. We think it is clear in the record (via prior written
submission and testimony at the April 2nd meeting) that the Applicant proffered
the following with respect to offsite parking:
a. the Church initially sought and received verbal permission from three (3)
nearby land owners (SalemFive, KinderCare and Santander) to use their
parking lots for additional parking;
b. at the Condo Board's request and to provide further support for the
Application, the Church sought written agreement or confirmation from
owners, and in particular from SalemFive and KinderCare;
c. although the SalemFive branch manager originally told the Church that
they could use the parking on Sundays, when a written agreement was
requested the matter was elevated to the bank's corporate office, and the
branch manager then advised the Church that they were unable to
provide a written agreement due to liability concerns;
d. accordingly, the Applicant revised its proposal to remove SalemFive
parking entirely from consideration as part of its Application, consistent
with our April 2nd letter to the Planning Board and testimony at the April 2nd
meeting;
e, the Church did, in fact, obtain an email from KinderCare confirming their
permission to allow use of the KinderCare parking lot, which email was
provided previously to both the Planning Board and Condo Board;
f. Santander is a part of the Chickering Condominium and its parking lot is
common area of the condominium, and so it is not offsite parking;
g. Nonetheless, since the Santander spaces might be subject to exclusive
use rights, we thought it appropriate to obtain at least verbal authorization
from the branch to confirm that members could use the spaces on
Sundays for church services while the branch was closed but we do not
believe a written agreement is warranted,
The remaining "assertions/representations" as reported by the Condo Board
appear to be substantially accurate, based upon testimony of Church
representatives at the April 20 meeting. With reference to items #2 and #3
written letters from the Pastor have already been provided to the Planning Board
and Condo Board confirming the agreement by the Church to seek that the
congregation utilize overflow parking and make efforts to car-pool. With reference
to item #6 (ie, "that it [the Church) would not operate... during the week, and
especially during Thursday through Saturday"), it is true that the Church has
made clear that full congregation events would be limited to Sundays, that small
group gatherings (such as bible study) would be scheduled earlier in the week,
as noted, and that they wouldn't be scheduled for Thursday thru Sunday. The
Condo Board characterizes all of these factors as "assertions/representations" —
which they are — but they are good faith representations based upon historic and
SMOLAK & VAUGHAN LLP
North Andover Panning Board
April 15, 2024
Page 15
the zoning bylaw specifically states that "the Planning Board has the authority to
place reasonable conditions on ... religious ... uses, but are not permitted to
withhold approval of limited site plan review where there is an inability to satisfy
proposed reasonable regulations." Moreover, the most significant consideration
and basis for approval notwithstanding the protections of the Dover Amendment,
in this case, should be under §195-8.8.D.5(a) of the zoning bylaw in
consideration of multiple activities with different peak demands on a common
parking lot when the use is changed from retail to religious (rather than the offsite
parking under §195-8.8.D.4 of the zoning bylaw.)
A substantial existing parking problem already exists and is being mitigated with
the change in use, as a result of off-peak demands between the new proposed
religious use's typical operating days and times and that of the existing retail
uses, which provides sufficient basis for approval, regardless of availability of the
KinderCare spaces. The offslte parking is simply an additional benefit and not the
basis for approval. For reasons outlined in this letter, the Applicant believes: first,
that adequate onsite parking is available to support the proposed use and the
proposed change in use will, in fact, improve the existing conditions based upon
altered peak operations and schedules to help mitigate the already existing
parking obstacles at the complex, and second, it would be unreasonable for the
Town to now strictly enforce parking regulations against a protected religious use
at this property when (a) the Town has failed to do so against unprotected and
more intensive parking uses at the same property in the past, including
specifically and by way of example, having allowed changes in use for the gym
and restaurant uses without similar restrictions when needed, and (b) the Town
also hasn't done so with other church properties or religious uses.
B. Additional Factors for Consideration in Support of the Application. In addition to
the reasons outlined above in response to the Condo Board's letter, the Applicant
thinks that the Planning Board should consider the following factors in granting
approval for the proposed change in use:
1. The Planning Board rightfully doesn't want to get in the middle of any disputes
concerning private property rights, but it is worth briefly reviewing relative rights
and interests of certain units at the complex. Questions were raised at the April
2"d meeting concerning parking policies and rights at the condominium. A
member of the Condo Board represented to the Planning Board that while there
are some exclusive parking rights, as a matter of practice the parking spaces in
the plaza are mostly shared in common use by all unit owners. To the Applicant's
knowledge the Condo Board has never sought to enforce exclusive use parking
rights. In fact, at one point in the past, the Applicant sought to install signage in
an effort to enforce her own exclusive use parking rights for the benefit of her
retail use and the Condo Board denied her the ability to do so. Yet the Applicant
notes that the condominium documents do nonetheless reference dedicated or
exclusive parking rights.
SMOLAK & VAUGHAN LLP
North Andover Parining Board
April 15, 2024
Page 17
calculations. Most of the complex is not operating on Sunday mornings when the
Church spaces are primarily needed. In addition, Shadi's (which has a 52 space
requirement per zoning) is closed on Sundays and this is a reasonable offset to the
60 space parking requirement for the Church use being added on Sunday. It would
be unreasonable to determine that the parking is sufficient on Saturdays for
purposes of allowing a restaurant use but not on Sundays for a religious use.
C. Conclusion. For the reasons outlined above and as presented to the Planning
Board, the Applicant thinks that the Planning Board should approve the Application
for Limited Site Plan Review and grant the requested waivers. The Applicant
acknowledges that the Planning Board has the ability to impose reasonable
conditions, but believes that the conditions requested by the Condo Board are
unreasonable as applied to the proposed religious use. Instead, the condition to limit
the occupancy of the Church to 100 seats and for the full congregational services to
only be held on Sundays and conclude by 2:00 PM should alone be sufficient
restrictions and conditions to address any parking limitations as compared to existing
conditions. In the event that any further restriction was to be imposed by the
Planning Board, it should be no more restrictive than what exists now for the existing
nonreligious use of the space.
The Application and waivers requested are reasonable and should be approved.
Very truly yours,
Brian G. Vaughan
SMOLAK & VAUGHAN LLP
North Andover Panning Board
April 15, 2024
Page 19
d
EXHIBIT B
Exhibit D to Most Recent Recorded Amendment to Mater Deed
Dated May 30, 2006 and Recorded at Book 10269 Page 4
(Parking Schedule Identifying Designated Exclusive Use Spaces)
E
• BK 10269 PO 22
I
SCHED1ILE D
BUILDING SPACAS
A l Al-A19 22
A21 -A2;3
B I 131 -B8 8
H 2 139-BI0 2
13 3 B11 -B12 2
8 4 1350-B52 3
8 5 13I3 B17 S
B 6 B18-1321 4
B 7 B22 _•B25 4
B 8 020-B29 4
13 9 1310-031 2
13 9A BI&-1339 2
B 10 1332--037 6
13 31 B40-B43 4
g 12 B44-B49 6
C 1 C1 C8 8
C 2 C9,-C16 8
C 3 C17-C24 8
C 4 C25-C:32 8
C 5 C33--C40 s
C 6 CAI-C48 g
D 30 D3 &04 2
D 32 D2&W 2
1) 34 D5&D7 2
b 36 DES&n8 2
E 24 E1-133 3
E 26 E4-1?4 3
17 67 F1-F1 2
UNIT# BUILDING A SQ FTG
Santander Bank 4550
UNIT# BUILDING B SQ FTG
10 Shadi's Restaurant 2668
9A Shadi's Restaurant 831
9 Nail Salon 931
8 Travel *VACANT 1608
7 Seamstress 1680
6 Pet Groomer 1650
5 Lash Extension 2075
4 Barber Shop 978
3 Jeweler Milos 624
1 Church *PROPOSED 3600
2 Church *PROPOSED 1275
11 Juba Electric 1996
12 Misc Offices 3200
UNIT# BUILDING C SQ FTG
Choice Fitness 16,500
Prana Yoga (Studio of Choice)
Nova Salon 3600
Tanning Salon 1500
Aerial Image of Chickering Plaza
Building B &C 188 Parking Spaces
Building A 22 Parking Spaces
Total:210 Parking Spaces
i