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HomeMy WebLinkAbout02/20/2024 - Notice of Decision - - # H s 0 •••'(t.�0 1 6 ' " ► jW .. Qx11;Ii14V1C#R C US 14 3 .L._ 1 2 Ck2 4 11 1 PLANNING DEPARTMENT Community Development Division 120 Main Street Nos h.Andover, Massachusetts, 01845 NOTICE OF DECISION SITE PLAN REVIEW SPECIAL PEST MODIFICATION COMMON MMoN G FA CELL IES,REDUCTION IN PARKING, &LANDSCAPING AND SCREENING SPECIAL PRMThIs s r +y w h ave e la ps i.;d ii in i o k jc ri v:c' appeal shall be filedWithout Min 1�kill peal. withindays the DO _ date riling this notice in wa i `awn Clerk the office of the Town Clerk, Date: February 20, 2024 Date of Hearing: January 16,2024,February 6, 2024, February 20, 2024 Date of Decision: February 20,2024 Petition f: DSM,Inc. 881 East Street Attention: Normand Martin Tewksbury,WA 01876 Premises Affected: 350 Winthrop Avenue North Andover,MA 01845 Map 26 Block 6,8, Map 27 Block 27,30,31,&32 Referring to the above petition for a Site Flan Review Special Permit Modification under Sections 9 -8.17 Revisions to Approved Site Plans and 19 -10.'7' Special Permits of the Forth Andover Zoning is and p y . M.G.L. e. 4 A, Sec, 9 to amend the existing speoial permit Decision dated March 9, 2019 to perform both building and Site n* nprov meat to the North Andover Mall. So as to allow the redevelopment program consisting of renovating the existing Kohl's tenants ace to accommcidate the relocation ofMarket Basket. The vacated Market Basket tenant space will be renovated t accommodate Kohl and approximately 17,600 SF specialty retail slops. Additional improvements 'include parking lot upgrades, improved traffic circulation, increased landscape are upgrades to existing ton-nw at r management system, and Site lighting improvements. The property is located in the B- , B-4 &R 4 zoning districts. After a public hearing given on the above dates, and upon a motion by Scan KavlAhan okad 2111 by, Bpynton to APPROVE the Site Flan Review Modification, Common Parking Fachities,,Reduction Park' , Landscaping and Screening Special Permit as amended and based upon the f i r , or'Jftio'n' ,Vote as 4 A TVi14 w ' } 'r 4'z E SM Realty,Inc. Map 26 Block 6, 81 Map 27 Block 27,3 0,3 1, Site Plan Review Modification Common Parking Facilities, Reduction in Parking,&Latidscapwig and Screening special Permit �-0 in favor of the application. Jean Enright n behalf of the Nosh Andover Planning Board itan Goldberg Pete-Boynton Sean Kevlahan Lemma Wilkens 'f'he Planning Board herein APPROVES the Site Plan Review Modification, Common Parking Facilities, Reduction in Parking, and Landscaping& Screening Special Permit to allow for the redevelopment program consisting of-renovating the existing Kohl's tenant space to accommodate the relocation of Market Basket. The vacated Market Basket tenant space will be renovated to acconimodate Kohl's and approximately 17,600 SF specialty retail shops. Additional improvements include parking lot upgrades, improved Uaffic circulation, increased landscape area, upgrades to existing stormwater management system, and Site lighting unpr vements, The property is located in the 1 - # -4 & RA zoning districts. This Special Permit was requested by DSM Realty, Inc., 881 East Street,Tewksbury, MA 0 1876. The application was filed with the Planning hoard on or about December 13,2013. The public hear"ng on the above referenced application was opened on January 16,2023,with additional hearings on February 6,2024 and February 20,2024,and closed by the North Andover Planning Board on February 20,2024. The Applicant s bmi ted a complete applicaflon, which was noticed and reviewed in accordance with Article 8 Supplementary Regulations, Sections 19 -8.17 Revisions to Approved Site Plans and 19 -10.7 Special Permits of the North Andover Zoning Bylaw v and M.G.L. , 4 V i]►i� Sec. The Planning Board voted unanimously(by a vote of -0) to grant the Site Plan Review Modification, Common Parldng Facilities,Parldug Reduction,&Landscaping and Screening Special Permit; A. special permit issued by the Planning Board,as special permit granting authority,requires a vote oat lust four members of a five-member board, The Applio nt.is hereby notified that should the Applicant disagree with this Notice of Decision ("Decision"'),the Applicant has the right,under MGL Chapter 4 A, Section 17, to PP appeal this Decision within twenty days after the date this Decision ision has been filed with the Town Clerk. The Planning Board makes the following findings as required by the Forth Andover Zoning Bylaws Article 8,Pait 3 Site Plan Review and Section 19 -10.7,the Planning Board makes the f coding that the use i harmony with the general purpose and intent of the Bylaw,as well as its specific criteria,are net. This :. Decision specifically stated by the Planning Board makes the following MINIS of FACT6 1 Can September 2, 1998 the Planing Board approved a Site Plan Review Special Permit for the construction of a 5,619 SF addition to the existing 228,678 SF shopping center; 2) n March 19, 2019 the Planning Board approved a Site Plan Review Modification, Common Parking Facilities, &Reduction in Parking Special Permit to perform certain Site improvements to correct existing Af A deficiencies. The Site improvements resulted in a loss of fourteen 14 parking spaces on the developed 41. - y acre North Andover Mall parcel; 2 i DSM Realty, Inc, Map 26 Block 6, 8, 1r1p 27 Block 27,3 0,3 1, Site Plan Review Modification,Common Parking Facilities,Reduction in Parking, &Landscaping and Screening Special Permit 3 The specific Site is an appropriate location for such a use,structure or conditions: the subject Site is currently developed and operates as a retail shopping center. The Property is located within the Business 3, Business 4,and Residential 4 zoning districts. The existing shopping center is located entirely within the Business 3 zoning district. Retail, eating and drinking establishments, grocery, personal care facility and bank type uses which currently reside at the shopping center are all permitted uses within the Business 3 zoning district; 4) The use as developed will not adversely affect the neighborhood:The Petitioner's application does not propose any change to the uses that currently operate within the shopping center. The improvements will he performed within existing developed areas and as a result, there will be no land disturbances performed within existing undeveloped areas on-Site. In addition to building renovations,the following Site improvements are planned; • Net reduction in building footprint area of 9,000 S Reduction in the size of the shopping center will result in a minor reduction in total traffic enteringe .isting the Site Parking lot upgrades are planned which have been designed to improve both traffic and pedestrian circulation • Pedestrian sidewalk system has been incorporated into planned Site improvements which will provide patrons a safe means of egress from Winthrop Ave. to storefronts of the shopping center Increased landscape areas resulting in an enhanced planting plan • Upgrades to parking ing lot lighting system,which have been designed to be dark sky compliant Upgrades to existing stormwater management system,which are designed to comply with the redevelopment standards of Mass EP Storrnwater Management and Erosion Control requirements Net reduction in impervious surface area by approximately 55,000 S 5) There will be no nuisance or serious hazard to vehicles or pedestrians: The Site improvements planned to be integrated into the existing parking facilities have been designed to improve traffic circulation with the installation of curbed islands at the beginning and ends of the parking rows, modifications to the southerly driveway allows for additional on-Site queuing to occur and minimize traffic conflicts with parking lot circulation, interior longitudinal landsoape islands have been incorporated into every fourth pari in row,curbing will bQ installed along the perimeter edge of the access drive, new crosswalks, traffic control signage and striping have been integrated into the design of the parking facilities. In addition, internal sidewalk stern i proposed which p p provides pedestrian connectivity from the shopping center storefronts to Winthrop Ave.; 6 Adequate and appropriate facilities will be provided for the proper operation of the proposed use: p p p The Site renovation will have adequate and sufficient infrastructure and facilities in place t continue operating as a grocery anchored retail shopping center. The existing utility infrastructure that currently services the propel is sufficiently sized and has adequate capacity to accommodate the renovations planned for the propel; 7 The Planning Board granted the Petitioner a special pernnit(see special p ennit decision dated March ,2 1 to reduce the minimum parking requirements from 1,02 5 to 1,0 11 spaces. The renovations planned for the shopping center will result in a loss of are additional 102 gp arlin spaces a compared p to the existing Site conditions, The redevelopment program provides 909 parking spaces; i SM Realty, Inc, f Map 26 Block , 8, Map 27 Block 27,3 0,3 1,&32 Site Flan Review Modification,Common Parking Facilities,Reduction in Parking, &Landscaping and Screening Special Pemift 8) To determine if the loss of 102 parking spaces will have a detrimental impact to the parking faoilities that support the shopping center, RJ C supplemented the parking utilization stud, performed in 2018 with a parking utilization study performed during the timefrarne of October 9, 2023 to October 21, 223 in support of the current special permit applications. In both instances, occupied parking spaces were counted during the weekday pry peak hour timi&ame from 4pm to 6pm and the Saturday prn peak period between I lane and 2pm. The parking study concluded that during the weekday evening peak hour, there was a net reduction hi occupied spaces by approximately 2. ° 3 .4 in 2018 to 36.8% in202 and a slight increase in parking demand of 1.0% during the Saturday peak hour demand 4 8.1% in 2018 to 49.1% in 2 02 3 ; 9) In addition to the performance of field observations to understand the parking demand being experienced at the shopping center, the Petitioner's Traffic Engineering consultant, VBB, performed an independent analysis in determining the minimum parking requirements to support the shopping center. The analysis was based on studies performed by both the Institute of Transportation Engineers IT and the Urban Land Institute (.,I). The ITE data recommend$ that for a shopping center up to 400,000 SF in size, the parking demand is estimated to be 2.44 spaces per thousand SF of leasable area, which equates to 544 parking spaces being provided at North Andover Mail. ULI recommends for the same size shopping center the parking demand be estimated based on 4,0 spaces per thousand SP of leasable area or 907 parking spaces should be provided on-Site; 1 The results of the parking utilization study as performed by RC and the findings from'BBB' traffic memorandum dated November 17,2023 concludes that 909 parking spaces being provided t the completion of the Site renovations is more than sufficient to meet the operational needs of the shopping center; 11 Strict compliance with the Screening and Landscaping of Off-Stieet Parking Areas as required in Section 1 -8.1. 1 for parking areas of 20 or more spaces would result in a loss of additionalon- Site parking spaces and as a result,the amount of available parking would be below the suggested recommendations as outlined in vBB's memorandum dated November 17, 2023. The redevelopment program will result in an increase in interior parking lot landscape area by approximately 28,000 SF as compared to the existing Site conditions. The request to rieduoe the interior landscaping requirement will not have a detrimental impact to abutting properties as the Site abuts regulated wetland resource areas along its northerly and southerly property boundaries. 2 The Applicant has filed a Notice of Intent with the Conservation Commission for work within the buffer zone to wetland resource areas; 13) The stormw ter management is designed in accordance with the Town Bylaw requirements,Best Management Engineering Practices and the most recent version of the MA DEP St r nwater Handbook, and the Plan reflects extensive discussions and review by the Town's outside consultant engineer,Horsley Witten, The Site improvements planned for the shopping center includes performing significant upgrades to the existing stor water management system. Currently, stor w ter runoff from the parking lot area sheet flogs in an east to west direction into an inter nittent stream that is located along the property's -outage which outlets to the Shawsheen River, The existing on-Site stormwater management system provides no storm tear 4 f i SM Realty, Inc. Map 26 Block 6, I Map 27 Block 27,30,3 1,&3 Site Plan Review Modification ation ommon Parking Faoffities, Deduction in Parking,&Landscaping and Screening Special Permit Best Management Practices bm 's which are designed to remove accumulated pollutants typically contained within storn.water runoff prior to its discharged to the intermittent stream. (see Horsley Witten stormwater peer preview letter dated January 16,2024 and February 8,24 and RJ C&Associates response letter dated February 5,2024)) 14 The drainage patterns that exist under the existing Site conditions will remain the same under the redevelopment conditions however non-structural stormwater best management practices have been integrated into the Site for the purposes of collecting and treating the first one i" inoh of rainfall runoff prior to its discharge to the intermittent stream located along the property's frontage on Winthrop Avenue. The non-structural bmp treatment train includes a grass channel swale, sediment forebay and a wet basin and as a result with these bm 's working in concert with each other at 8 %total suspended solids SS removal efficiency rate and a phosphorus removal rate of 51%will be achieved; 15) The renovations planned for the rear of the shopping center will not require any alterations to the existing stormwater conveyance system with the following exception: the renovations planned for Market Basket include the construction of three loading dock bays~ Stormrater runoff collected within the loading dook area will be routed through a Hydrodynamic Particle Separator for pollutant removal prior to its diseharge to the on-Site drainage system; 16 The Project will rewire a National Pollutant Discharge Elimination System(NPOES) Construction General Permit(CGP) to be filed with and obtained from the United Mates Environmental Protection,agency. 1 The Board is relying on the assurances that have been made during discussions with the Applicant throughout the public hearing process and it is understood that the Applicant is aware of the `look back' Special Conditions (26,28,2 and the purpose of each. As part of the discussions, additional screening for noise, light, and general nuisance protection were discussed, including but net limited to, a sound bm ier gall,potential for placing a wall on the abutters property ifrequested,and a locked gate during the hours of 9:00 PM and 7:00 AM. t 8 The Board acknowledges that as a result of discussions during the public hearing process that here has been improvements in communications with the abutters and vendors/drivers appear t be better following the rules related to the restricted delivery hours of operation and because of this the Board is including the least restrictive Conditions of approval, but should there be issues that arise in the future the Board can look to increase the Conditious as needed to ensure compliance with the special permit. 19 The Project has been reviewed by the Forth Andover Fire Department,which(email communication from Lt. Kilcoyne dated January 11, 2024, February 7,20 4,a d February 8, 4) and the Health Department(email communication f ore Brian LaGrasse dated January 3 0, 2024). 4 5 1 i BSM Realty,Inc. Map 26 Block , ,&9 Map 27 Block 27,3 , 1,&3 Site Ptah Review Modification,Common parking Facilities,Reduction in Parking,&Landscaping and Scr e mi Special Permit 20 Finally, the Manning Board finds that this Project generally complies with the Town of Forth Andover Zoning Bylaw requirements as listed In Article 8 Past 3, 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: SPECUL CONDITIONS: 21 Posit Definitions: A The"Locus"or"Site"refers to the 41.8 acre parcel(s) of land ag shown on Assessors Map 26 Block 6, 8, 9, and Map 27 Block 27, 30, 31, and 32 and also known as 350 Winthrop Avenue,North Andover,MA o 1845. B The"Plans"refer to the plans prepared by RJ O'Connell&Associates,Ino,entitled"Site Plan for Redevelopment of North Andover Mall—North Andover,MA.,dated October 24,2023 and revised to February 19, 2024 consisting of Sheets C , X-1, EX 2, EX 3, N-1, OS- , C- C41 -1.o, -1.1, L-1.2, L-2. , C- A C- , TT-I-TT-4, S ite Lighting Plan, S idewalk Flan, ES I- ES2, A2-1 o, A -2o. C The " roj ecf' refers to the redevelopment program consisting of renovating the existing Kohl's tenant space to accommodate the relocation ofMarket Basket, The vacated Market Bass et tenant space will be renovated to accommodate Kohl's and approximately 17,600 SF specialty retail shops. Additional improvements include parking lot upgrades, improved traffic circulation, increased landscape area,upgrades to existing stoxrn Ater management system, and Site lighting improvements. The property is located in the B-3,B-4&R-4 zoning districts. D) The "Applicanf' refers to DSM Realty, Jnc., 881 Bast Street, Tewksbury, MA 01876, the Applicant for the Special Permit s , its successors and assigns. B The "Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time,which can include but is not limited to the Applicant,developer, and owner. 22 This Decision shall be l n.oluded In all construction contracts, subcontracts, and specffictlons dealing with the work proposed and shall supersede any conflicting contract requLrements. The Applicant steal i assure that all contractors,subcontractors,and other personnel performing the permitting work are fully aware of the Decision terms and conditions. 23 All conditions associated with the previously approved Special Permits associated with the North Andover Mall referenced above shall remain in effect unless superseded by this Notice of Decision. In particular, Special Condition#3.a of the September 2, 1998 Notice of Decision, which specifies that deliveries to the Site must be limited to between the hours of 7.00 a.m. and 9:00 p.m. with the exception of individual vendors approved by the Health Department. 2 Per email correspondence dated February 7, 2024 from Crary Robidoux-MF S to Lt.Kilcoyne it is understood that; 6 SM Realty, Inc. Map Block 6, 8,& Map 27 Block 27,3 0,3 t, Site Flan Review Modification Common Parking Facilities, Reduction in Parking, &Landscaping and Screening Special Permit ,A.Chapter 34 review will need to he provided along with a NF A-241 (safeguarding construction)plan prior to the start of the project, • The NAFD will be notified of any work to the fire sprinkler and alarm system including decommissioning, impairment, and new work ahead of time. Temporary heat detector sand alarm panel will be provided and commissioned in the old Kohls space prior to Market Basket construction for areas where the Bore sprinkler system will be removed. The existing sprinkler system for the new Market Basket sales area will be removed and replaced with a new sprinkler system as the piping 'is currently at too low of an elevation. The existing risers and back-room systems will remain in service • New look boxes will be provided at the back and front of the building at a location suitable to the NA . Boxes will be ordered from the webite. A system will need to be tested throughout to ensure emergency communications. ,A.new fire alarm system will be installed for the Market Basket.The FACP will be located near the courtesy booth with an annunciator at the entrance. 9 'Tenant spaces in the plaza will be identified by numbers rather than names. Beason being that occupancies ebae over time and it becomes confusing when a new tenant is listed under the old occupant's name 0 All fire department pumper connections reed to be changed to 4"Storz type. This should be done as soon as possible. Tier 2 sprinkler plans along with hydraulic calculations will be submitted to the NAF j for approval and pewit prior to commencement of any work. 2 All Flans shall comply with applicable Americans with.Disabilities Aot AAA and Architectural Access Board AA requirements, 2 Six months following issuance of the final Certificate of Occupancy video record gs will be taken between the hours of :oo PM and 7: o AM to monitor activity along the entire drive aisle to the rear of'the building for a one month period of time, This video evidence will be provided to the Planning Department and the results of which will be shared with.the Planning Board. This effort will be repeated for one month every six months for a two year period. If evidence suggests deliveries and/or dumpster pickups are occurring during these hours the Planning Board may require additional mitigation efforts that may result in an application for a Revision ion to Approved Site Plan in accordance with § 19 - .17 of the Zoning Bylaw. 2 copy of all local, state and federal permits required for the Project must be submitted to the Planning Department. This includes a SPA filing, if required . 2 Background noise decibel level readings shall be conduoted at the rear of the Site in accordance with recognized and generally accepted good engineering practices for environmental noise sampling; 'These readings shall be taken under existing operational conditions, prior to any work commencing. The baseline noise decibel level readings shall be conducted over a minimum of one full week, with testing occurring at several intervals per day. It is intended for baseline readings to be taken when re igeratxon equipment and air conditioning waits are operational. ti SM Realty,Inc. Map 26 Block 6, 8, Map 27 Block 27, 30,3 1,&3 Site Plan Review Modification,Common Parking `aeilitie , Reduction in Parking,&Landscaping and Screening Special Permit 2 Upon issuance of a Certificate of Occupancy for Kohls, Condition #26 of this Decision shall be repeated every six months for a two year period. The first post opening test shall begin in the month of July when air conditioning and refrigeration equipment are operational, The testing shall meet the same criteria as specified in said condition..The results of the testing shall be summarized and presented to the Planning Board. o Appropriate screening for Noise, light,and nuisance shall be maintained and deliveries to the Site must be limited to between the hours of 7:00 a.m. and 9:00 p.m, with the exception of individual vendors approved by the Health Department, If they are not maintained the Board may consider further Conditioning additional mitigation efforts that may result in an application for a Revision to Approved Site Plan in accordance with 1 - ,17 ofthe Zoninglaw y 1 Any revisions to the approved Plans shall be submitted to the Planning Director for review.If these revisions are deemed substantial,the Applicants must submit revised plans to the Playing Board for approval,all of which is in accordance with Section 1 - .1 ("Revision to Approved Site Plan"'). PRIOR To ANY LAND DISTURBANCE, CONSTRUCTION, or ISSUANCE of A BUILDWG RM 2 Two 2 copies of the recorded Decision with the approved Plans attached must be delivered to the Planning Department. 3 The developer shall provide the Planning Board with copies of plans lan and decisions p received from all Forth Andover land use Boards,including one copy of a recorded wetlands Order of Conditions issued under the State Wetlands Protection Act and North Andover Wetlands Protection Bylaw shall be delivered to the Planning Department, 3 At least 30 days prior to the start of land disturbing activities,the Applicant shall provide to the rip Planning Department for review and comment a copy of its Storm water Pollution Prevention Plan (SWPPP)prepared in consultation with the Applicants' site contractors) and Project engineers. The SVvTPP shall be prepared in accordance with the U.S Environmental Protection Agency's Stoi-mwater Construction General Permit(USEPA, 2012) and related guidance document entitled "Developing Your Storm water Pollution Prevention Plan; A Guide for Construction Operators". n addition to erosion control measures,the construction sequencing plan/SWPPP shall address when in the development process the various long terra stormwater BWs will b brought ht on he and how stormw tear flows from the Site can or will be managed in the interim, 35 The final signed SWPPP shall be provided to the Planning Department at least 14 days prior to land disturbance. 36 The Applicant shall provide a copy of a final signed Operations and Maintenance Plan to the Planning Department, 3 The Applicant shall provide a copy of a signed Illicit Discharge Compliance Statement. y DSM Realty, Inc. Map 26 Block 6, 8, Map 27 Block 27,3 0,31,&3 Site Plan Review Modification,Ccnuncn Parking Facilities, Reduction in Parking, &Landscaping and Screening Special Permit 8 A.detailed 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. 3 ) A bond in the amount of forty thousand dollars $ , shall be posted for the purpose of insuring that the Site is constructed in accordance with the approved plan and that a final as-built plan is provided, showing the location of allon-Site tructures. This bond shall be in the farm of check made out to the Town of North Andover, This check will then be deposited into an interest bearing escrow account. 40 In consultation with the Director of planning, the Applicant shall designate an Independent Environmental Monitor, The monitor shall Bread, sign, and return to the planning Director the Letter ofAgreement for Independent Monitors,The Environmental Monitor must be available upon four 4 hours' notice in an emergency to inspect the Site with the Planning Board designated official.The monitor shall make weekly inspections of the Project,provide monthly reports to the Planning Department throughout the duration of the project,and detail any areas of non-compliance and corrective actions.The monitor will also provide reports following heavy rain events, 41 Construction traffic associated with this Project shall be regulated by the Inspector of Bifildings. Prior to con nencing hauling operations, a hauling route shall have been reviewed and approved by the Inspector of Buildings. Any deviation from the approved route and/or scheduling once established shall require proper notification and approval from the Inspector of Buildings, Construction traffic shall be defined as large trucks hauling earth roving equipment,dump trues, trucks hauling building materials,cement trucks,and contractor's vehicles larger than panel trucks. It shall be the developer's responsibility to inforin all contractors, subcontractors, vendors, and workmen of this restriction. 42 This Decision shall be included in the general contractor's con tru tion contract, and specifications dealing with the work proposed and shall superseded any conflicting contract requirements. The Applicant shall assure that all contractors, subcontractors, and other personnel performing the permitting work are fully aware of the Deoision terms and conditions. 43 All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. 44 A copy of all local, state and federal permits required for the Project must be submitted to the Planning Department. 4 Yellow"Gaut'loll'tape must be placed along the Bolt of clearing and grading as shown on the plan, The Planning Department must be contacted prior to any cutting and or clearing on Site. All existing trees that will remain in the landscaped area are to be marked prior to the pyre-construction meeting. 46 A. pre-construction meeting must be held with the Applicant, Developer, Plying Department, and Environmental Monitor, The purpose of this meeting will be to review the phasing of the development and for the Applicant to submit a construction schedule to all at the pre construction meeting for the purpose of traoking the construction and informing the public of anticipated activities on the Site. DEG CONSTRUCTION i f!3 i 1SM Realty, Inc. Map 26 Block , , Map 27 Block 27,30,3 1,&3 Site Plan Review Modification#Common Parking Facilities,Redaction in Parking, &Landscaping and Screening Special Permit r 47 Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. 4 Traffic and pedestrian barriers shall be placed at the limit of work,as necessary,to prevent access into active construction areas. These barriers shall be relocated during construction to coincide with each of the multiple phases of the proposed work. 4 Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan and reviewed and approved by the Planning Staff, Any approved piles must re .amn covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. 50) Twenty four hour emergency contact information and owner's information shall be posted in a common area on a permanent sign.The information shall also be provided to Planning,Police,Fire, and Building Departments. l All storrnwater management best practices shall be maintained as specified in the approved Operations and Maintenance Plan &M . 2 Associated pavement and roadways shall be swept at least weekly or as directed by the Environmental Control Monitor,the Site Supervisor,Project Manager,or Planning staff for as long as the Site remains exposed and un-stabilized.If material is tracked beyond the construction entrance onto the adjacent roadway,it will be swept up daily. 53) In an effort to reduce noise levels,the Applicant and/or contractor shall keep in optimum working order, through regular maintenance, any and all equipment that shall emanate sounds from the structures or Site. 4 It shall be the responsibility of the developer to assure that no erosion from the construction Site shall occur which will oause deposition of soil or sediment upon adjacent,properties or public ways,except as normally ancillary to off-site construction. Off-site erosion will be a basis for the Plamxng 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. PRIOR To ISSUANCE of A CE,RTNICATEof OCCUPANCY 5 The Applicant must submit a letter •o n the Project engineer stating that the building,landscaping, lighting and Site layout substantially comply with the plans referenced at the end of this Decision as endorsed by the Planning Board, Alternatively,the Applicant and/or property Ovmer may provide a bond,determined by the Plying Board,to cover the full amount of the landscaping materials and installation if weather conditions do not permit the completion of the landscaping prior to the use of the building. 56) The Applicant must submit a letter from the engineer certifying that the lighting provided meets minimum Illuminating Engineering Society(Mg)standards. 57 All storrnw ter structures shall be cleared, in accordance with the approved Stcrmwater Operation Maintenance Plan,as the same may be amended by the wetlands Order of Conditions for the Project, 1 i SM Realty, hn . Map 26 Block 6, 8, Map 27 Block .7,3 o,3 1 Site Flan Review Modification,Common Parking Facilities,Reduction in Parking,&Landscaping and Screening Special Permit 58) All signarae shall conform to the signage regulations contained within the North Andover Zoning Bylaw,Article 6, PRIOR TO THE FINAL RELEASE of ALL SECURITY AND ESCROWE D FUNDS 59) A final as-built plan shoving final topographer,the location of all on-Site utilities,structures,curb cuts,parking spaces and drainage facilities,inoluding invert elevations of all stormwater structures, must be submitted to the Planning Department. The Applicant must also submit a letter from the architect and engineer of the Project stating that the building, landscaping, lighting and Site layout substantially comply with the plans referenced at the end of this Decision as endorsed by the Planning Board. 60 The Planning Board mast by a majority vote make a fending that the Site is in conformance with the approved plan. GENES CONDITIONS 6 1 Any plants,tree, shrubs, or fencing that have been incorporated into the Landscape Plan approved in this Decision that die or fall into disrepair rust be replaced by the Project Owner in perpetuity. 62 The contractor shall contact frig Safe at least 72 hours prior to commenoing any excavation. 6 bras, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. 6 The hours for construction shall be limited to between 7:00 a.m. and 5:00 p.m. Monday through Friday and between 8:00 a.m. and : o p.m. on Saturday. 65 No open burning shall be done except as is permitted during burning season under the Fire Department regulations, 66 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. 67 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 sub ect to modification by the Planning Board, 6 Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed substantial,the developer must submit revised plans to the Planning Board for approval. 69) Th is Special Permit approval shall be deemed to have lapsed after February 2 0,2 026(two gears frorn the date permit granted), exclusive of the time required to pursue or await determination of any appeals, unless substantial use or construction has commenced within said two-year period or for goal cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has begun Site grading and tree clear g as noted on the Grading&Utilities flan,sheet 5 of 1 . i # y i SM Realty,Inc. Map 26 Blocki, , Map 27 Blook 27,3 01 3 1,&3 Site Plan Review Modification,Common Parking Facilities,Reduction in P rkin ,& andsc a and Screen ling Special Permit 70) The following information shall be deemed part of the Decision: Plan titled: Site Plan for Redevelopment of North Andover Mall—North Andover,MA Prepared for: DSM Realtor 1 East Street Tewksbury,MA 0 1876 Prepared : RJO'Connell&Associates,hic. 80 Montville Ave, Suite 201 Stoneham CIA 02180 Scale: P' 0' Date: October 24,2023,Revised to February 19, 2024 Sheets: CO,EX-1, X 2,EX3, ]'-1, OS-1, C-1 -r C4, L-1#0, L-1,1, -1.2; L-2.0 C- --C-8, T-T-1-TT- , Site Lighting Plan, Sidewalk Plan, S- -ES2, 2- 10,A2-2 Report: Stonnwa er Report Prepared for: DSM Realty,Inc 881 East Street Tewksbury, MA 02180 Prepared by. RI O'Connell&Associates,Inc, 80 Montville Ave,Suite 201 Stoneham,MA 0218 Date: December 8,2023,Revised January 26,2024 Report: Operations and Maintenance Plan 0&N4) * Prepared for: Delta UA LL (c/o Demoulas Supermarkets,Inc. 87 East Street Tewksbury, MA 0 187 Prepared by: R.J. O'Connell&Associates,Inc. 80 Montville Ave, Suite 201 Stoneham,MA 02180 Date: December 8,2023,Revised January 26,2024 Report: Compensatory Flood Storage Plan xi tin9) Prepared y: Rye'. O'Connell&Associates,Inc. 0 Montville Ave, Suite 21 Stoneham,CIA 0218 Sheet; S-1 Date; December 8,2023,Revised January 26,2024 Report: Compensatory Flood Storage Plan(Proposed) 2 DSM Realty,Inc. Map 2613lock 6, 8,&9 Map 27 Block 27,30,3 1,&32 Site Plan Review Modification,Common Parking Facilities,Reduction in Parking,&Landscaping and Screening Special Permit Prepared by,. R.J.O'Connell&Associates,Inc. 80 Montville Ave,Suite 201 Stoneham,MA 02180 J, Sheet,: FS-2 Date. December 8,2023,Revised January 26,2024 cc: Town Departments Applicant Engineer Abutters Assessor 13 Appendix B North Andover Mall Maintenance & Inspection Forms r North Andover Mall Operation and Maintenance Plan Activity Guide The table belo r is a list of the minimum inspection and maintenance ance activities the Pollution Prevention Team needs to conduct for the Storrmwater operations and Management ent Plan and who 's responsible for the activity. The Activity Guide is provided to assist the Pollution Prevention Team Leader and ensure that the activities are being conducted as scheduled. Timing Actavl Resp2nsible Parma Weekly Inspect lot/land PPT Stream Charnel PPT ioretentio .Area PPT Wet Basins PPT Pet waste management PPT Trash pie p(paved, landscape areas,storm eater br .p's and/or PPT wetland areas Monthly Stream Channel (mowing) PPT Landscape Areas (mow ; Sedge .t Foreba ors PPT Quarterly Inspect catch basins PPT Contractor Inspect sediment accumulation within forebays PPT Semi-Annually Parki g Lot Sweepijag PPT Contractor Inspect Curbing PPT Wet basin Side Slopes mom ;Landscape.Areas(SLope_.P2!eEity) PP T_ Annually Pollution Prevention.Team training PPT Leaden Comprehensive enslve annual stormwater evaluation and inspection report PPT Leader Drainage Culver Streams.cannel (structural integrity) PPT/Contractor Wet basins&I ioretention Areas (strucbxml integrity,vegetation PPS` replacement) PPT Snow Storage Areas PPT Cath Basffis (pump sumps 'dry" PPT Contractor drod sic Pane �e aratorrs(�IDS urdt -�- u d 1T Contractor MELh/April 1__�p r clean-up... PPT Contraotor Between Fall clean-up PPT Contraotor November 14 and December 15 North Andover Mall Operations and Maintenance Plan Comprehensive Annual Evaluation and Inspection Report Once a year,the Pollution Prevention Team Leader must inspect and evaluate all aspects and provisions of the Opeations and Maintenance Plan, complete the following report and keep a copy on file at the site. Inspectors/Reviewers: - Date of Inspection/Review: Note any changes to the Plan in the space below and inn the appropriate section of the Plan. . Review the Pollution Prevention Team list and update if necessary. Does the Pollution Prevention Team list need updating: (circle ore) Yes No 2. Review the operations and Maintenance Plan (O&M Plan). Are there sections of the O&M Plan that need updating`? (circle one) Yes No 3. Review Monthly and Weekly ly Checklists. Update these as necessary -Art there any updates needed to Spill and Leak History and/or the checklists' (circle one) Yes No . Review site drawings and update if necessary Are there updates needed to any of the drawings? (circle one) Yes No Requested Changes (attach revisions North Andover Mall Operations and Maintenance Plan n aI Training Signoff Sheet For each Operafions and Maintenance Plan training smion,the Team Leader should keep records all attending Team Members using the signoff sheet below,as well as the training agenda,notes, etc. Training Date: Topic: T ra e : Team Member Dame Team Member Signature .............. North Andover Mall rt Operations and Maintenance Plan Weekly Inspection Checklist The site will be checked each creek for trash and debris by a member of the Pollution Prevention ention `ear . If any trash or debris is observed in the specified area, write"yes" in the 2 d column and note the problem and eorredi e measures taken in the appropriate space. Make a new copy of this checklist each creek. 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Ci k :�. ?.i.:'!��..��` ;r...y.;.., ..}s.�� r:nLk � n #... � ..r.'. � � _ _:#;Y. •x,a �*#%._?._::n.: '�{:a+i �:r- .r4 it{i 4s'.MF.. 6.0 ... .. k.. .......{... .... .... ..1- s.. ..s.. .{'T #?t' r' .�.� ... .,�. .. ..y .... ... ..... ..._. ..x�........... -.��c� }��.' -�4�'�;"<i'.:' �:�� �•�i. 2���`.ry .• r: # � k\. ,. ti ��f�:w r�:t:•t+�,k. -.:7�.�•;�� ... .+a... v ..... .. .. ... .. ... .,.. ...,.v. 5;. x .._.•.>r ..trX.,�„ �:..'::'�:K .w.- �x3&+' � b:'. .� � 'may � ..s. ;��>�, .:w'. [+.F r :�s.. a.y*_'x. �•i'�aE:''. �.«.� ... .. .i ......�_ r .. ...... ..... ... .:,r,r� �z. �. *�,F'�'- � •.,y§�i .#�� � :!_• •ram,:, �..,r. _a^�Z ��r .w. rt.<.'-'�i�. .yE. fix. Ql "�'.:' :.�. rt � � ��. .-a*_�-}�...�-t.t t.� ...r._. >.....v. �.. y.. .:.s:..>.. �t.y�. _5, :•..err .:� ..}'*��CS:.'tf'=�}`:.. 'e-��:� .•3J?' __§ w�.'be: max....:..>-+r� .#.>�,�,Ir•.3 .�SVcA�'S`..k F}... s��4l-�r M� I'i"�� Curbmg Inspect structural condition Parking Lot Sweeping Sweep parking tat and"loading d-odk area Landscape Areas slpe Slope, berms and swiale.areas.are to integrity walked-top and bott6fti...,for.slope . i r t grlty,vegetative-health. varmiht activity.er sio ,-.sc q and-water - � -ti n' :. Stream Channel Sid 1 es e- �- �--,W- k d= . . the.t .-and - oic'_= it vegotati-ve''-health,-:.var.miiit,-�6� oro iori' mod-wai le _ Wet Basis MOW`_ id o' = :: ......................................... . . .. .............................. ..... ....... .... North Andover Mall Operations and Maintenance Plan Annual Inspection Checklist The following will be checked each quarter for sources of pollutants by a.member of the Pollution Prevention Team. If the condition in the"check fog"'column is observed,,ed, note the problem and corrective measures taken in the appropriate space. Make a new copy of the ohoklt each Month. Date: Checklist completed *..:�r rs .rt -•..:'::4}.rs.:a:-ty' .:l'!zft•kr•µ,.y' w,-�•,.w—� �;.� R� ti`�+fix:c. .k .tc. F. ' �. tt :.sue`.' .�., x•�;: v.. t a ... .. ... .. .. :. .. .. * ............ s' S'. :.'k Yv: > .x 1: { ."� .�.��*r'f>.S ':��+J<£'d r~.. �f£� =#�W.>. .r ''"c�7: ��� ;� :sx 'rJ���'�Y.i.. w.Y.'�...3=;k'��..�i:�':�:.:�'L •:i'�^���:t�E�'+ice " !'_r ., � _......� �., ..�...:�...... ,i ...... .> fy [ *c .�: -•,�... .xx ��:kl,� §•f=j - .. ... � .. ... +a-!.�.�....:..k �:*,"..'..:F' I, .y: t,}�':' is*.�. {'x.::h'�'rt y(S�`.t':.it k •�}k:�.'.'�>x {F t / s�w :{f.. _ — ''}•ki xi�t" x�.} �3, s � .s • ���s*':s' :'+Lr�t't44.\ ,Wff �' s�':`�:..�:':.:v ft'..i. ,1 �Y s . .. � ..w'.�:..�.. y...._..fr't: .f :'i'. .S.s. xy...}:Y.'.:. f I �t *M1 � 4.� Y .� ✓: c� .:{ .. .. _ .. • y .. .ks. t a .. kw t .� .3� .{`..+**f.'�F ..7L':}: �: '."� �_ ''.}�'::r y*� *:.�;i* a' '(t Y.;....::.:.,Yu �. r f„,w..+Y4 c t..r✓� ... J- at....... # +: .... xii... .. '2�. i c,,rTx' ..::' d'.._J" y,� -P kt'Y.�'. { bd�. .+'� .:ti'1# 4 :x, iFti: F.: r t �..-.� a...F��f....•.�.....}�F..�w...ci+a 4iY...,,.�ri�.a...Y.7�wr�x,ia'�.4.,.,L�.w�'�sa.#� ....—�-� - sa+ �}.r+a:'r`.��3�x..k337�i...x:��a_t�:'.., ":�4a-�-.�`i�r2 `:5.� �.o-w.::3.0 sl� nr*%��,..4.A.r--�'.���.�`-`��*���aa-k..�:xt`:rxf�� r.!'.'�l.�x.y M..,E:..-.w: Pollution Prevention Pre re ar al-storm*aterzwaluation._t Team Training and M` spectionxepoil Drainage Culvert Note cdtin of awn - , span barr6l,headwalls and W1I gw .i .'t Concrete s a l in ,-det6rioraficin, cracking.-corrosion,r tt'Or efflomeence-s a i9 -: t :. Drainage of Cott-condition of dirira art,9houlder8.,aid mb ankrns Wet a in/B1 lr r smilbturai Jnt gn -'erosion- Retention Area/Strewn s ou in :r it+d�r q iir i:..-...� Charm X. Remo e r Iait_6 a w l � y i Snow Storage Areas - F arna g od iii wri Clean fah Basins eMO Ve trigh,pufftp,_.sux�ip` - �' a n u Iat �-� d d i ur t; Hy droll n-arpic a 1 Pump=undt `d ui# x t i r Separators (CPS Units) sand d ffn ent ,:, North Andover Mall Long Term Pollution Prevention Plan Spill and Leak History to Date Spill Leak Location Description Response Measures to Reporting Procedures Prevent Ponution Reoccurrence Prevention Team Member WD IYV (check one) as indicated on Type of Quantity "Source, if Reason Site Map), Material known ........................ .............................. ............................... ......... .............................. F . Appendix C North Andover Mall Stormwater Phan 3 rF;n(A":0: .+Wofi1ArfaraAMoAkeI0djL�mj',Rap0 jJOFC_Rt�i5l�rr.�atof6wd4rePi-n.dzrg Fib 02,2024 4.4; r 'f* /w r + 4 # f r ! w P i SHA � � M C) 0 „ + 1YAW VAX jf w r 3 3 VACANT SPACE 02 i w + � f xNelf Pu Or # 00 '� I 1 0 0 ;q X d 4-11 r� M`' f S J lip rr 4 z co 4 1 1a Lh 4 tu 0 Nil 1 ° t 'r ti t • N3 i • r�y } d 4 > 0- 0 lvrd 1k '� Avf MU + Ar# 1J M ml { uhin awt i it kk 1.1 } o 1v t h I rn ► y ii ou ;Q m � �,fir � • � ������fi���. v c v 4 .�� � �I /!Y/// -A r r t 1 ! n wJt � ` ,. ,. Il/ . o , lif, if 111 5 " Fn z ` rn 1 : Ili 1j1l iogco by FLJ R u 8 m PLJ 412 f v 5 i s