HomeMy WebLinkAboutDecision - - 175 TURNPIKE STREET Town of North Andover
Off the Planning Depaifine-n
Community Development Division
20 Main Street _ y . . ..
{ t North Andover,Massachusetts 01 - - LL.
NOTICE C S ON (INSUBSTANTIAL CHANGE)
SITE PLAN REVIEW SPECIAL PERMIT
Date: July 21, 2020
Petition : Linear Retail North Andover#1 L C
CIO Greg Droc ,VP,Asset Management, Linear Retail Properties,Inc.
Burlington Foods Drive, S. 17
Burlington,MA 0 1803
Premises Affected: 175 Turnpike Street(Map 24,Lot 6)
Forth Andover, MA 0 1
FACTS
n or about February 5,2 004,the Forth Andover Planning Board voted to issue a Site Plan
Review Special Permit(2004 Site Plan Decision)to Eaglewood Properties,LLC for the
redevelopment of an approximate 13.29 acre parcel of land into a retail and restaurant plaza
known as Eaglewood,Shops. Eaglewood.shops consists of 76,742 square feet of retail space
spread across three buildings. Originally developed in 2005,the development was envisioned to
be a quasi-lifestyle center that featured retailers that were traditional) mail--based. These
retailers cl ud d women,, � -
men, and children s apparel,hone furnishings, office supplies and
food,
In June 2015,Eaglewood Properties,LLC sold the property to Linear Retail North Andover#1
LLQ an affiliate of Linear Retail Properties,LLC (Linear).
Since the time that Eaglewood Shops was developed,Linear has stated that
there has been a
significant change and disruption in both the consumer and retailer min set, Further,- rther, near has
stated that as retail sales shifted online or were disrupted b online retails such a Am •
' on o�
Way air, apparel and home goods retailers such a Pier 1 (10, 91 S and . gill(2,80 S closed
their stores at Eaglewood. Additionally, based upon Linear's conversations with tenants and
tom tenant news releases,Linear anticipates that within the next 6-12 months other tenants such
s Chico's 2,80 SF),Jos,A Bank(4,342 SF)and Yankee Candle 2 1 8 SF)
may also soon .
follow—electing to close and consolidate stores to the more traditional mall--based corridors o
Salem,NH or the Northshore Mall.
Linear has also indicated that the more active retailers lookings for ace include food(fast,
casual), fitness(boutique fitness such as Pilates,yoga and cycling)and medical(dental,physical
therapy and urgent care),and that these categories represent experiential retail and are those that
have not yet been replaced by an online presence,
July 21,2020
Insubstantial tial Change
175 'turnpike Street-T-Eaglewood Shops
Under the original 2004 Site Plan Decision, Special Condition No. 6X provides that, f 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 No,24,the applicant must, prior to allowing such restaurant(s)to open for
business,submit revised plans to the North Andover Planning Board and Building Commissioner,
demonstrating that adequate additional parting exists on the site as defined in Section 8.1 of the
Nosh Andover Zoning Bylaw. If the Town Planner deers these revisions to be substantial,,,as
defined under Section 8.3.8.the applicant must submit revised plans to the Planning hoard for
approval".
• In August, 2011,the Board granted a Site Plan Review Waiver to enable the then-owner to
increase the approved amount of new restaurant square footage from 9,000 s.f. for an additional
3,5 00 s.f. restaurant. As of the date that Linear acquired Eagle wood, a total of 15,5 15 Square feet
of existing space is occupied by restaurant uses.
• On July 14, 2020 Linear Retail Properties,L C submitted correspondence requesting the
Planning Board to vote to approve, as an Insubstantial Change, a modification to Special
Condition No. 6X ofthe 2004 Site Plan Review Decision,dated February 5, 2004,to enable the
owners to lease space with aglewood Plaza for additional restaurant use for the Treasons
described above. In addition,the correspondence stated that,"As Linear looks to fill the current
and future vacancies at Eaglewood Shops,Five Guys has entered into a long term lease for the
former J. gill space(2,804 SF), subject to Town approval of the proposed use. Since Five Guys
desires to commence operations as soon as possible in order to be operational by the new school
year in August September,Linear is respectfully requesting the Board to approve the use of the
space noted above as an additional restaurant use. Five guys is ready to renovate and
immediately occupy this space, subject to local approvals to do so".
• An approval of the Insubstantial Change request would alloy for an additional 2,804 s.f of space
for Five Guys, and the property would then include a total of 18,320 SF of space dedicated to
restaurant use.
• In support ofthis request for an Insubstantial Change,Linear submitted a memorandum from
Jeffrey S Dirk, P.E., P OE,FBI , Partner vanas e&Associates,Inc., detailing a Parking
ing
Demand Studer for Eaglewood Shops— 175 Turnpike Street(Route 114), dated March 1,2019
(The" anae Report"). The vanasse Report states that its analysis was conducted while both
Pier 1 and J. Jill were operating and the plaza was at full capacity with no vacancies. The
vanasse Report determined that the existing parking and the parking demand from existing
tenants could support additional casual restaurant food use;however•,the Yana se Report acids
that it is apparent based on the parking demand obsel-rations and the distribution of parking
within the parting fields that serve Eaglewood.shops that the restaurant component in the
southern portion of the site is the primary parking demand generator during the weekday and
Saturday midday period and on a weekday after :00 PM. As such,while the parking suppler
within the Eaglewood Shops is sufficient to accommodate a typical mix of retail and restaurant
uses,the Vanasse Report states that the addition of a significant sit-down restaurant component or
health club use that would have a longer duration of stay in the southern portion of the site would
necessitate an evaluation of opportunities to increase the quantity of parking within the site,
including the development of a parking management program that could include; i valet
operation restaurant use); ii use of off-site parking for employees; and iii working with the
health club tenants to schedule classes so as not to overlap with the peak parking demand periods
for other uses within the site.
July 21,22
Insubstantial Change
175 Turnpike Street—Eaglewood Shop
0 Most recently,the property currently includes 13,395 SF of vacant space representing a total of
47 parking spaces allocated to those vacancies. As mentioned by Linear, it is anticipated that
within the next -12 months,an additional 9,314 SF ofspace will be vacant,representing an
additional 33 pat-king spaces for a total of 80 spaces not allocated to plaza tenants. Tile proposed
Five Guys restaurant use would require 42 parking spaces. Accordingly, the number of existing
undesignated parking spaces due to vacancies are in excess of the number of required
parking spaces for Five Guys(42). This excess parking capacity does not take into account the
additional anticipated 33 additional parking spaces expected to be ft ed up by additional vacancy.
Nor does this parking space allocation factor in a greater availability of parking spaces die to:
vai ing lours, days, or peak parking or loading demands for multiple uses at the plaza; or, a
proposed parking reduction based on actual uses that could otherwise be.approved under a
Parking Special Permit pursuant to § 195-8.8 of the Zoning Bylaw.
DECISION
After discussion at the July 21,2020 Planning Board meeting,and upon a motion by P. Boynton,
ton,
seconded by J. Simons,the Planning Board voted to allow an additional 2,805 SF of restaurant use at
aglewood Plaza,thus bringing the total restaurant us square footage to a maximum of 18,320 SF, as an
Insubstantial Change to the 2004 Site Plan Review Decision, notwithstanding the limitations on restaurant
use imposed under Section 6.f of said Decision with the following conditions. The vote was unanimous,
-0 in favor of the Insubstantial Change approval K. Bargnesi recused herself).
CONDITIONS
• The Petitioner shall comply with all existing conditions rendered in the 2004 Site Plan Review
Decision dated February 5, 2004, except for specific conditions superseded by this Notice o
Decision—Insubstantial Change.
• Linear shall file a formal Site Plan Review Modificationto the 2004 Site Plan Review Decision
with the Planning Board within the next 30-60 days from the date of this Decision to undertake
additional proposed improvements to signage and to"clean-up"cei twin aspects of the 2004 Site
Plan]decision.
• This Notice of Decision-Insubstantial Change does not allow for a drive-through restaurant-,
however, should the applicant choose to pursue a drive-through operation in the future an
application for a formal Site Plan Review Modification to the 2004 Site Plan Review Decision
could be submitted to the Plaiming Board.
• This Notice of Insubstantial Change shall be recorded with the Essex North Registry of Deeds,
and evidence of recording is to be provided to the Plaiming Department.
On behalf the Town ot No Andover P1 anning B oard
Jean Endght