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HomeMy WebLinkAboutMiscellaneous - 498 CHICKERING ROAD pOWTIs • Ot,«rte •�,'�O y FECEIVED a 'S TF a 2012 JUN -1 AM 10: 16 �sSwcHuSEt PLANNING DEPARTMENT Community Development Division 1600 Osgood Street North Andover,Massachusetts,01845 SITE PLAN REVIEW DECISION Any appeal shall be filed within(20)days after the date of filing this notice in the office of the Town Clerk. Date: lune 5,2012 Date of Hearing: April 3,2012,May 23, 2012, and June 5, 2012 Date of Decision: June 5, 2012 Petition of: Lowell Five One Merrimack Plaza Lowell,MA 01852 Premises Affected: 498 Chickering Road Assessors Map 71 Lot 26 Referring to the above petition for a Site Plan Special Permit, from the requirements of the North Andover Zoning Bylaw,Sections 8.3, 10.3,and 10.3 1,and M.G.L.c.40A,Sec.9. So as to allow the construction of a 3,159 sq.ft single story bank building,with three(3)drive-through lanes, 24 parking spaces,associated landscaping, smr ovater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business (GB) Zoning District. After a public hearing given on the above date, and upon a motion by T. Seibert and 2nd by D. Kellogg to APPROVE the Site Plan Special Permit, as amended, and based upon the following conditions. The vote was 5-0 in favor of the application. PhPbehalf of the N9 dr Andover Planning Board behalf Simons,Charman Richard Rowen Timothy Seibert Michael Colamoni Dave Kellogg 1 498 Chickering Road. Map 71,Parcel 26 Site Plan Special Permit-New Bank Building The Planning Board herein APPROVES a Site Plan Review Special Permit for allow the construction of a 3,159 sq. ft. single story bank building, with three (3) drive-through lanes, 24 parking spaces, associated landscaping,stormwater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business(GB) Zoning District. The project is located at 498 Chickering Road, North Andover, Massachusetts, 01845, Assessors Map 71, Parcel 26 within the General Business (GB) Zoning District. The parcel totals approximately 36,759 sq. ft. with frontage on Chickering Road. This Special Permit was requested by Lowell Five,One Merrimack Plaza,Lowell,MA 01852. The application was filed with the Planning Board on or about March 2,2012. The public hearing on the above referenced application was opened on April 3, 2012, with additional hearings on May 23, 2012, and closed by the North Andover Planning Board on Jane 5, 2012. The applicant submitted a complete application,which was noticed and reviewed in accordance with Section 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 10.3: FINDINGS OF FACT: 1) The specific site is an appropriate location for the project as it is the construction of a new bank building in a General Business District (GB), and includes changes to the stormwater management system that will improve the drainage on the lot, as well as extensive landscaping that will provide a buffer to existing properties as well as a buffer to Franklin St.,Park St.and Chickering Road. 2) Based on input received from both the Planning Board and the Planning Board's consultants, the applicant has provided sufficient stornwater management facilities to mitigate flow of stormwater by providing a combination of open and closed systems,that will include catchbasins and deep sumps to be constructed at the low points of the parking area,with discharge via flared end section,with a rip- rap forebay to a grassed swale to be located in the ROW of Franklin Street. This design will not only mitigate the flow of stormwater, but will also prevent direct discharge of flow into the town's drainage system in Chickering Road, thus complying with the Planning Board's Site Plan Review standards. The project will consist of less impervious surface due to the removal of existing asphalt and the smaller footprint of the parking area and proposed building. 3) The Traffic Study submitted by the applicant (and referenced in this document) concludes that the proposed project will generate 57 fewer vehicle trips during the morning peak how and 28 fewer vehicle trips during the evening peak how than the previous gas station. The proposed project also eliminates one existing curb cut on Chickering Road and a curb cut on Park Street. 4) The proposed site has the required area for the bank building, the drive-through bays and associated parking. The site had consisted of two parcels, which were combined through the ANR process, resulting in a parcel consisting of 36,759 sq.ft. 5) The site is subject to a Sensitive Use Restriction, according to the deed provided by the applicant, registered at the Essex North Registry of Deeds, Book 11072, Page 215. The applicant has provided a statement from William A. Simmons, a Licensed Site Professional, dated May 11, 2012, that summarizes the procedures that will be taken during construction by the LSP to comply with the deed restrictions and with the MA Department of Environmental Protection(DEP)regulations. 6) The approval of this Special Permit does not grant the Project Owner additional ownership rights 2 498 Chickering Road. Map 71,Parcel 26 Site Plan Special Permit-New Bank Building upon the private ROW, known as Franklin Street,than currently exist by deed. The approval of this Special Permit does not diminish the rights of any other abutter to Franklin Street who may also have ownership rights upon the ROW,Franklin Street. 7) Finally the Planning Board finds that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.3.5, 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: PERMIT DEFINITIONS and WAIVERS 1) The "Locus" or "Site" refers to the 36,759 sq. ft. parcel of land with land fronting on Chickering Road as shown on Assessors Map 71, Parcel 26, and also known as 498 Chickering Road,North Andover,Massachusetts. 2) The "Plans" refer to the plans prepared by Merrimack Engineering Services, 66 Park Street, Andover,MA 01810, entitled"Site Plan Permit Proposed Bank Facility Plan of Land in North Andover,Massachusetts.",dated January 20,2012,as most recently revised on May 30, 2012, consisting of Sheets 1 through 5. 3) The "Project' refers to the construction of a 3,159 sq. ft. single story commercial bank building, with three drive-through bays, twenty four (24) parking spaces, associated landscaping, stormwater management and installation of utilities. The project also includes the demolition of an existing, abandoned gas station in the General Business (GB) Zoning District. 4) The "Applicant' refers to Lowell Five, One Merrimack Plaza, Lowell, MA 01852, the applicant for the Special Permit,its successors and assigns. 5) 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. SPECIAL CONDITIONS 1) PRIOR TO ENDORSEMENT OF PLANS A) The developer shall provide the Planning Board with copies of permits, plans and decisions received from all North Andover land use Boards. 2) PRIOR TO THE START OF SITE WORK OR CONSTRUCTION A) Three (3)copies of the signed, recorded decision and the recorded plans must be delivered to the Planning Department. B) The applicant shall designate an independent Construction Monitor who shall be chosen in consultation with the Planning Department staff. The Construction Monitor shall submit weekly reports during the entire duration of the project and must be available upon four(4) hours notice to inspect the site with the Planning Board staff. C) 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. 3 498 Chickering Road. Map 71,Parcel 26 Site Plan Special Permit-New Bank Building D) A bond in the amount of fifteen thousand dollars($15,000.00) 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 all on-site structures. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing bond account. E) All stormwater management best practices shall be maintained as specified in the Stormwater Operations and Maintenance Plan that was submitted with the application. F) All applicable erosion control measures must be in place and reviewed and approved by the Planning Department. These measures must include erosion control to protect all existing and proposed catch basins and oil traps on the site or on the streets adjacent to the project. G) A pre-construction meeting must be held with the developer,thew construction employees,Planning Department and other applicable departments,to discuss scheduling of inspections to be conducted on the project and the construction schedule. 3) DURING CONSTRUCTION A) Dust mitigation must be performed weekly, or more frequently as directed by the Town Planner, throughout the construction process. B) 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 remain covered at all times and fenced off to minimize any dust problems that may occur with adjacent properties. C) It shall be the responsibility of the developer to assure that no erosion from the construction site shall occur which will cause deposition of soil or sediment upon adjacent properties or public ways, except m normally ancillaryto 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. 4) PRIOR TO A CERTIFICATE OF OCCUPANCY A) The applicant must 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. Alternatively,the applicant and/or property owner may provide a bond, determined by the Planning 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. B) All stormwater structures shall be cleaned, in accordanoe with the approved Stormwater Operation&Maintenance Plan. 5) PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS A) The Planning Staff shall review the site. Any screening as maybe reasonably required by the Planning Staff will be added at the Project Owner's expense. 4 498 Chickering Road. Map 71,Parcel 26 Site Plan Special Permit-New Bank Building B) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb cuts, parking spaces and drainage facilities, including invert elevations of all stormwater structures,must be submitted to the Planning Department. The as-built must be provided in paper form as well as in SDF (Standard Digital File) format. The as-built shall also provide a calculation showing the increase in impervious area. C) The Planning Board must by a majority vote make a finding that the site is in conformance with the approved plan. 6)GENERAL.CONDTTIONS A) The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. B) Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the respective utility companies. C) 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 5:00 p.m. on Saturday. D) No open burning shall be done except as is permitted during burning season under the Fire Department regulations. E) If a dumpster is required once the building is occupied, the owner shall apply to the Board of Health for the appropriate permit. The location of the dumpster must be approved by the Planning Office. F) 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. G) Any action by a Town Board, Commission, or Department, which requires changes in the plan or design of the building, as presented to the Planning Board,may be subject to modification by the Planning Board. H) 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. I) This Special Permit approval shall be deemed to have lapsed after June 5,2014(two years from 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 good cause. For purposes of this development, the developer shall be deemed to have undertaken substantial use or construction if the developer has began any site grading or tree clearing. J) The following information shall be deemed part of the decision: Plan tided: Site Permit Plan,Proposed Bank Facility Plan of Land in North Andover, Massachusetts Prepared for: Lowell Five One Merrimack Plaza 5 498 Chickering Road. Map 71,Parcel 26 Site Plan Special Permit-New Bank Building Lowell,MA 01852 Prepared by: Merrimack Engineering Services 66 Park St. Andover,MA 01810 Scale V=20' Date: Dated January 20,2012, last revised on May 30,2012. Sheets: I through 5,plus Signage Plan Sheet 5 dated February 21,2012. Conceptual Landscape Plan: Site Permit Plan Proposed Bank Facility Plan of Land in North Andover,Massachusetts Prepared For: Lowell Five One Merrimack Plaza Lowell,Ma 01852 Prepared by: Huntress Associates,Inc. 17 Tewksbury Street Andover,MA 01810 Date: February 24,2012,updated to April 27,2012 Sheets: 2 Project Drainage Report: Proposed Bank Facility(498 Chickering Road) Dated: February 16,2012,last revised May 23,2012 Operations and Mainteaauce Plan:498 Chickering Road,Lowell Five Bank Dated: May 1,2012,last revised May 15,2012 Traffic Report:Proposed Lowell Five Drive-in Bank Ret: 760-2 Prepared by: Dermott I Kelly Associates,PE,PTOE Dated: February 27,2012 Deed: Quit Claim Deed,recorded at the Northern Essex registry of Deeds,Book 11072, Page 215,Grantee-Park Street Redevelopment Corp,Grantor-Chestnut Realty Development Corp. Date: February 15,2008 Letter: Licensed Professional Engineer(LSP)documentation from Simmons Environmental Services,Inc.(William A.Simmons) Date: May 11,2012 Proposed Architectural Plana:Lowell Five,Proposed New Branch,North Andover MA Date: February 8,2012 Sheets: AI-A3 ec: Town Depardnents Applicant Engineer Abutters Assessor 6 RECEIVED T04Yf! CLERK'S OFFICE ( 2012 APR 13 PM 12: 54 TO,i; 07 Town ofNoM Andover NORTH AHOC';' Office ofthe Planning Department MASSACHUaETTS Community Development and Services Division P(978)6BS,9M 1600 Osgood Stint F(978)688.9882 Building 20,Suite 2.36 North Andover,Mauecbmarse 01845 TO: I /YOV� FAX: FROM: lean Pnright,Planning Assistant FAX: 978-688.9542 PHONE: 978-688-9535 Please sign your name and fill in address of premises affected,fill in current date, return same to fax 978-688-9542. Thank you. Special Permit "REOUEST FOR A CONTINUANCE" NAME: ADDRESS OF PREMISES j �9 0 C 6.I l.sS , I PHONE NUMBER: AREA CODE: ( Q7p ) A-7 3575 "I WISH TO REQUEST A CONTINUANCE UNTIL--RL/ I / ) . THEREFORE WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY AND/ALL DECISIONS RELATIVE TO ANY/AND ALL PERMITS OF THE PLANNING BOARD FOR THE TOWN OF NORTH ANDOVER, M " SIGNED BYPETITIONERORP IVE: [ ��3A5Ktk1 ItE) DATE: 2' MIS.IN CURRENT DATE) WARDOPAPPEAM688B541 BMDMG6889545 GONSERVA117011688-9530 H :Dt6BMW PS 114068849535 IIMERRIMACK ENGINEERING SERVICES, INC. PROFESSIONAL ENGINEERS LAND SURVEYORS PLANNERS 66 PARK STREET•ANDOVER.MA 01810•(978)47&35S5,373-5721 •FAX(978)4761448•E-MAIL hfo@Me Mockengln wng.com February 27,2012 Ms Judith M Tymon,AICP Town Planner Town of North Andover 1600 Osgood Street No Andover,Ma 01845 RE: Application for Site Approval Lowell Five 498 Chickering Road North Andover, MA Dear Ms Tymon: Please find enclosed a completed application,memorandum of the project, filing fees and documents, site civil engineering, sign, landscape architecture and building architecture plans,drainage calculations and deed(with Use Restriction for the site)of the proposed redevelopment of the Mobil gasoline station into a branch bank for the Lowell Five. As you are aware,the Planning Board previously approved, in 2008,the redevelopment of the site into a 5,042 square foot retail plaza with a drive thin for a coffee shop (Starbucks) on a 31,425 square foot lot. Those plans were not able to be implemented due to various constraints brought about by the recent economic slowdown Since that time the owner of the lot has been able to acquire an adjacent 5,334 square foot lot bringing the new development parcel size to 36,759 square feet, on which he is now proposing to construct a 3,159 square foot bank with drive dun lanes. This current proposal will reduce the total amount of impervious area on the site, increase the amount of landscaping on site,improve the aesthetics of the area neighborhood,reduce the number of curb cuts to the adjacent streets, and create a use with greater taxable revenue for the Town without impairing municipal services. As I have made you aware, the site is subject to a Sensitive Use Restriction (copy with application)which limits the use of the site. The restriction also limits the methodology for underground development and provides certain standards that inhibit the use of certain underground construction facilities that might be normally associated with a new site or redeveloped site proposal. The proposed site development plan is in harmony with that use restriction as well as the zoning and other development regulations of the Town of North Andover,without variance. Ms Judith M Tymon, AICP Town Planner February 27,2012 Page 2 I appreciate all of your consideration and ask that you review the enclosed documents and feel free to contact me should you have questions or comments. The entire development team,the applicant and owner all look forward to working with you on this project. Vrd MGSERVICES St Pr Enclosure MERRIMACK ENGINEERING SERVICES.INC. W PARK SMEEi•ANDOVER MASSACHOSEM 01810 RECEIVED 3 0� TOWN CLERK'S OFFICE 2012 MAR -2 AM 10: 05 TOWN OF NORTH ANDOVER PLANNING DEPARTMENT MASSACHUSETTS Community Development Division Special Permit— Site Plan Review Application Please type or print clearly. 1.Petitioner: LOVVELI— rIVE Petitioner's Address: ov16 MEe-¢\N\Acle P"as& t nowt L-L. MAOIfiSZ Telephone number: (9781 4xtl" LRD\ 2.Owners of the Land: cl_mww"T Ulc_ Address: 234 �,V('TOht ST\2 "T GV\lti lD, NO &vAWvta¢ #4�" Number of years of ownership: 3,Year lot was created: lint 20 I t 4. Description of Proposed Project: CO Lj6T¢Uc,-n sU CSG S¢AMJCLF 4?A4J1C A,FTc¢, Qtr-Mot.t"c IJ DG MOb\L. GAh 47`101000" 5.Description of Premises: l aA Tui a,r�.. end '1-o P6.tL� SYI2eETe �P.YaI.'S�Ur-4 STtv<eT 6 CatCl'V�121N6 17/1KD 6.Address of Property Being Affected: 40JIS C\A\[."t-k"6 zeea> Zoning District 6l% 1 61 Ejij Assessors Map: 'll Lot If: Ito Registry of Deeds:Book#: It ffl2 Page#: -z-\G 7.Existing Lot Lot Area(Sq.Ft): (L7 S*J Building Height: Street Frontage: ZS\^is'/Iu.0S4 Side Setbacks: 401 10 Front Setback: z Z_.sq Rear Setback: nt shraek� Floor Area Ratio: \4o9 Lot Coverage: A.Set 1.. 6. Proposed Lot(if applicable): '.110. Lot Area(Sq.Ft): Building Height: Street Frontage: Side Setbacks: Front Setback: Rear Setback: Floor Area Ratio: Lot Coverage: Pavc 4 of6 1600 Osgood Street,North Andover,81dg.20,Suite 2-36 Planning Oept.,Massachusetts 01845 Phone 918.688.9535 Fa:978.688.9542 Web www town0northandover.com 9.Required Lot(as required by Zoning Bylaw): Lot Area(Sq.Ft): Z5.Goe Building Height: 4S Street Frontage: I Z4, Side Setbacks: Front Setback: S6Rear Setback: Floor Area Ratio: V)A Lot Coverage: �5 0 10.Existing Building(if applicable): (Ttl v5e Vx- A CN VP) Ground Floor(Sq.Ft.): ZZfb #of Floors: GUw: c}485P l�l.¢ Total Sq.Ft.: Height: Use: 6—m � Isa -1 Type of Construction: 1 C>V9 -%74 SF Zt:L¢ 11.Proposed Building: -nTsF Me Sr ?A'± 14" Ground Floor(Sq.Ft.): '7il rig #of Floors: 1 5c0¢g�Wa¢1c 5�w� WaCDFt2rWs- Total Sq.Ft. -1%5 Height: -ZA.S(o Use: yk�MA- Type of Construction: w ob� STbTeL F"12Calc 12.Has there been a previous application for a Special Permit from the Planning Board on these premises? If so,when and for what type of construction? GiI iii G C,r3s.JCi� 13.Section of Zoning Bylaw that Special Penn N Is Being Requested �zI PI.AJ ZD.J16VJ 14.Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form,which is the official form of the Planning Board. Every application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application.The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and Regulations may result in adismissal by the Plannjngf�pard of this application as incomplete. Petitioner's Signature: 2�i ilA' J1R,yl aLSA Print or type name here: Owners Signature: u Print or type name here: (.OJsS M\N\Cu cCx 15.Please list title of plans and documents you will be attaching to this application. 4,0y-.: i"•%a �BTG�tJUtIQ�'I—v -7-0t7 (n htYGE7� 'r Q.��'441 t1acNlT.P I. d1-a1U5 iPer*YXVj D 122�i b¢L. \a- 01" 41&to '?LAL1& hmm-Q.:rS.14bra'Y1 PFs V% JJ gV Il.a vrna�l,S A 4Jim A'$ �t�bit,7R1Zx!-�C', �OVICV57 ' Page 5 ,46 1600 Osgood Street,North Andover,BIdg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.townoinorthandoyer.com Arnow to Abutter( ) Building Dept ( ) Conservation ( X ) Zoning ( ) REQUIREMENT: Mai on don 11 sines In ov, ,amio In I...FN-dock,Nen mw,he pi. Monday wmrs d le,e aireary roarax.on wn PAM ar M+.I...v.w ebwers u aeun.a.+mm tivuhudel(YardMaavrave vedtlwp arek Nw agneron IM1em-,ethe apd'idMe m i4t,ue+ewwMM94Ma.um damaurn wvoeM wawa rt aminw�n atwn,me pa„nxg eow4awanwmaa,,a„au.q.nag eo.mawerv•e„N,N dnrto»r-' Sublectirrodidv: MAP PARCEL Owner Name Addrees ]1 26 Park Street Redevelopment,LLQ 231 Supon StmH-B,North Andover,MA 01015 AbuBers Pmoertlea Property Address:498 Chickering Road,North Andover,MA 01845 All Parcel Name Address 57 1 William Richards 39 Russell Sheet,Stoneham,MA 02180 57 6 Kenneth Recid, 150 Main Street North Andover.MA 01645 57 T Mictmel Piotrowski 460 Main Street,North Andover,MA 0180.5 57 8 Chtlatopher Lembo 470 Main Street North Andover,MA 0180.5 70 13&22 Town of Ni AMover 120 Main Street.North Andover,MA 01845 TO 22-181& 22-183 James vitae 733 Turnpike Street North Andover,MA 01845 TO 43 Albert Tell 0 Russel Sheet NaM Andover,MA 01845 TO 46 Gai Really Trust 56 Russel Strand,NaM Allover,MA 01845 70 41 Hany Bunnell 00 Russet Street,North Andover.MA DIM TO 4B Breen Beasley 80 Russel Street,North Andover,MA 0180.5 TO 48 Claire Lynch 74 Ruthann Street.Nord Andover,MA 01 BAD 71 1 Robert Levy 532 ChickeMg Road,North Andover,MA 01845 71 2 Frances Dionne 6 Milan Street,North Andover.h1A 01045 71 3 George Schmender 73 Chickedng Road,North Andover.MA 0180.5 71 5 Anthony Kupcki 65 Russel Street NOM Andover,MA 01845 71 a Timothy Last 4 Allen Street NOM Andover,MA 01845 71 12 Allison Chapman 39 Franklin Street NOM Andover,MA 01845 71 15 Pauline Lu 4 Sunset Ronk Road,AlMonal MA 01810 71 16 Town of NOM Andover 120 Main Sweet,North Andover.MA 01845 71 24 Islington Sheat.LLC 231 Sugpn Sweat 1B,Nord Andover,MA 01845 71 25 is 27 S&N Reahy,LLC 29 North Broadway,Salem NH 0309 71 28 Kevin Fenresay, 47 Pall,Street,North Andover,k1A 01845 71 3D&44 Rita Minkuai Family Trust 522 Mein Sweat North Andover,MA 0180.5 71 M&4T Chickedng Properties,LLC 231 South Street North Andover,MA DIM 71 M rain Comere,LLC 483 ChlFumng Road,North Andover,MA 01845 71 41 VFW Post 2104 32 Park Street.Nord Andover,MA 01845 This certifies that the names appearing an the records of the Assessors fftcs as of —V Certified ate' J -1Z Site Plan Review Memorandum Lowell Fiv"98 Chickering Road No Andover, Mass January 20, 2012 The site of the proposed redevelopment is 36,759 sq It in size, currently occupied by a shuttered gasoline station with canopy and accessories to support the filling station use as well as a garage and barn. There is a driveway to the garage and barn leading into the site from Franklin Street and to the gasoline station from Park Street and two driveways leading into the site from Chickering Road. The site is serviced with Town water and sewer. There is 24,594 sq ft of impervious area currently existing on the site.The gasoline station site is subject to a Sensitive Use restriction limiting the development potential and methodology of development of the site. There are no historic building located on the property nor are there any wetlands or other protected resources on or within 100' of the site. Under the redevelopment plan,the Franklin Street and Park Street driveways will be removed and the Chickering Road driveways will remain (although they will be rebuilt to be smaller to conform to the current zoning requirements for driveways). The site improvements will be demolished and replaced with a 3,159 sq ft bank with three drive up lanes and 26 parking spaces. The new development will be serviced with Town water and sewer service. The new development will have 22,805 square feet of impervious area, a reduction of 7.2%of impervious area from the current use of the property. The site is zoned General Business which permits a bank with accessory uses and therefore the proposed redevelopment is an appropriate use of the land. Because of the reduction in impervious area(and as such increase in landscaped area)there is no overcrowding of the land given that 35%lot coverage is permitted under zoning and the proposal is for 8.59%coverage of the lot with a building.Because the buildings on site are not historic and are currently vacant,without use,the building and use proposed will increase the value of the land and buildings on the site, and the proposed use will have less traffic congestion that what would be occurring with a gasoline station use.The use will not cause an undue concentration of population as there is no residential component associated with the development. The site design provides for adequate fight and air as 37.96%of the site will be landscaped open space. The bank use is less hazardous than a gasoline filling station so there is a reduction in fire and safety hazard with this proposed development. There is no public land adjacent to this site and the building demands on utilities will be similar to the demands of the filling station with public restroom so there is no negative impact of the redevelopment on town services, open space,parks or other public facilities. Further, since there are no wetlands or water bodies on the site or in the immediate area, and the site is not in an established flood plain or hazard area,there are no negative impacts on those areas caused by the redevelopment.There will be no demand on Town Amenities caused by the proposed bank development. The specific site is an allowed use under the zoning by law and as such it is an appropriate use for a proposed bank. Because of the intensity of landscaping on the lot there will be no negative or adverse impacts caused by the proposed development on the neighborhood. Due to the reduction in the number of driveways,there will be no nuisance or serious hazard to vehicles or pedestrians resulting from the proposed development The site is designed for adequate pedestrian and vehicle circulation and effective use of the building,with adequate signage an a building conforming to all building codes. The Special Permit Granting Authority,given the proposed use and plan for redevelopment of the site, is requested to make a finding that the proposed development is in harmony with the general purpose and intent of the Town bylaws. 4 RCIYb b: Robrr W.tevy 110Par 215 04042 02 ' exmsn�.�.a.Nameua4 u.c - -2-20-2-20-H as 03a41P 0.,e Ntan 0ece Bossoq MA 021 m110 EASBKAR Ch li SSTATEaUC19E Tax Data: 02-20-2108 B 03r4La ctlo! 256 - Doclr 4042 Far $3.374.40 Co.., 840.000.00 ---------[Recording Information DEED Chestnut Realty Development,LLC,a Massachusetts limited liability company("Crantoe'),for consideration paid and full con5idemtion of Seven Hundred Forty Thousand dollen (5740,000.00)grants to Park Street Redevelopment,LLC.a Massachusetts limited liability company,with an address of 231 Sutton Street,North Andover,MA ("Greswec)with QUITCLAIM COVENANTS,the land,together with any improvements thereon,located in North Andover,Essex County,Massachusetts,as mora particularly described m Exhibit A attached hereto and crude s part hereof(the"Property). The conveyance is made together with and subject to all recorded easements,conditions and rrestrictions ofrecord that lawfully apply to the property hereby conveyed,including without limitation the terns,provisions and restrictions contained in that caulam Quitclaim Deed from ExxonMobil Oil Corporation,formerly known as Mobil Oil Corporation("ExxonMobil') to Grantor dated December 27,2006 and recorded with the Essex North District Registry ofDeods at Hook 10567,Page 58(the"EmronMobil Deed')all of which are incorporated herein by reference, including,without limitation,the Competitive Use Restriction,Sensitive Use Restrictions, Covenant Against Residential Use,Engineering Controls and Environmental,all as defined in the 9z ExxonMobil Deed. Cepttdixed terms not otherwise defined herein shall have the same meaning z° ascribed to such terms in the ExxonMobil Dad. aWithout limitation ofthe foregoing,this conveyance is made by Grantor and accepted by Drawee subject to the following restrictions and covenant and agreement by Gramme on its behalf and that .� of the Ommeellelsted Parties: y Sensitive Use Restriction. Neither the Property herein conveyed nm any part thereof separately or in conjunction with other property shall many time within a period of fifty(50)years be used for residential,hospital, nursing home facility,child care,playground/recreational area,school or any similar use which is intended to house,educate or provide care for children,the elderly,or the infirm,or agricultural uses nor shall the Property nor any portion thereofbe used for the construction or installation of basements or any water wells for drinking,food processing or irrigation purposes or any other {Kp]58865 fj Bk 11072 R9 216 #4042 purposes;that this covenant shall survive delivery of this Deed;that this covenara and agreement shall run with the land herein conveyed and that a similar restrictive covenant shat)be inserted in any other deed or lease or other instrument conveying or demising the Property herein conveyed or any part thereof(collectively,the"Sensitive Use Restrictions'). Engineering Controls. I, Grantee agrees and aclmowledges that the conveyance of the Property is subject to the following covenants ofGrmdee and that these covenants were a material inducenem to ExxonMobil's sale of the Property m Grantor. As part of the consideration of Grantor's We of the Property in Grantee,Grantee agrees that in developing the Property,Grantee shall,at its sole - cost and expense,adopt and use all engineering and related technical assistance available and standard to the industry to protect the health and safety of persons and that depending upon the nature ofGrmner's development of the Property Grantee may need to consider the use of engineering controls in prevent the migration of vapors and/or liquids containing Hazardous Materials into any buildings,underground utilities or storm water retention/demotion ponds, including without limitation,vapor installation systems,vapor barriers,sealed sumps and at= pond finers. At a minimum,Grantee agrees that it will construct anybuildings and develop the Property in accordance with the following requirements,which are collectively referred m as the "Engineering Controls. (1) Grantee agrees that all buildings constructed on the Property shall be constructed slab on grade and shall have no living,working,storage or pairing areas below grade, notwithstanding the foregoing,below grade utilities and foundations are permitted,provided that Grantee protects them from vaporor liquid intrvsims by installing an appropriate vapor ventilation system and vapor/liquid barrier. (2) Grantee agrees that it will never use the Property for the purpose of obtaining from beneath the surface of the Property any water for any reason whatsoever from any ground water table or similar water basin accessed from the Property. (3) Grantee agrees that any existing bore-water or groundwater wells located on the Property used for the purposes of obtaining water from beneath the surface of the Property will be capped,disabled,and sealed in accordance with all applicable Environmental Laws and industry standards and will not be re-opened and used at any time and most remain capped,disabled and sealed. (4) Grantee agrees that if,many time,the Property is used for below grade activities other than simple storage with no residential use that Grantee will install at its cost into any below ground areas of the development an appropriate vapor ventilation system. Such vapor ventilation system shall be installed by a licensed contractor experienced in the installation of such systems. In addition.Grantee shall operate and maintain the vapor ventilation system to ensure that the system extracts appropriate levels of vapors w all applicable indoor air quality standards are me. In addition,Grantee shall annually test the air quality and the system to ensure the system is adequately extracting the appropriate levels of vapors to meet applicable indoor air (xovesef x) Bk 11072 rq 217 #4042 quality standards. Such installation shall be performed in acoordence with all applicable laws and in accordance with the highest industry standards to protect human health and safety. (5) Grantee agrees that if at any time after the Closing Date,a new building foundation is installed on the Property("New,Foundation')that prim to commencing any construction related to the New Foundation Grentes,at its sole cost,shall install an impervious liner under the New Foundation to act as an effective vapor barrier. Grantee shall not be required to retrofit or install an impervious liner under the existingbailding foundation supporting the existing building on the Property as of the Closing Date CExisting Foundatiod7. However,if after Closing,the Existing Foundation is demolished and aNew Foundation is installed to replace it, then Grantee will be responsible for installing an effective vapor barrier. Such liner shall be installed by a licensed contractor experienced in the installation of such liners. In addition,Graatec shall maintain the Inner so that it remains as m effective harder. The liner shag be of the appropriate strength and quality and be resistant to hydrocarbons and shall be installed at an appropriate level beneath ground level. Such installation shall be performed in accordance with all applicable laws and in accordance with the highest industry standards to protect human health and safely. (6) Gra nee agrees that it at any time,the use m development of the Property involves any common meas such as gardens,yards,recreation areas or open space meas, Grantee,at its sole cost and expense,shall excavate and remove all impacted soil to a depth of one (1)meter or pave or seal such areas to the maximum extent to protect human health and safety. It is acknowledged that the foregoing requirement shall not ler deemed to peanut any Sensitive Use, which is otherwise prohibited by this Agreement. The term"impacted"means any visual staining, detectable vapors(odor)m concentrations above the analytical method detection limit present in the soil. Not impacted soil is soil where no background concentrations exceed standard and remediation is not required by local regulations. It. Grantee's agreement to install my of the Engineering Controls was a material inducement to ExxonMobil in the We of the Property to Grantor. C. Grantee's agreement to install any of the Engineering Controls shall be specifically enforceable against the applicable Grantee-Related Parties. If Grantee,or my applicable Grantee-Related Perry breaches these provisions regarding Engineering Controls ExxonMobil shall have the right to enforce every remedy,either public or private,available at law and on equity against the Grmtce and the applicable Chantso-Related Parties,including but not limited to injunctive relief and specific performance. All remedies provided herein,including without limitation,those at law or in equity,shall be cumulative and not exclusive. Any purchaser or successor owner of the Property shall take title to the Property subject to the terms of these Engineering Controls. d. All the covenants and agreements of Grantee set forth herein regarding the Engineering Controls shall be covenants mmming with the land and binding upon the Property, Grantee and the(hartme-Related Parties,as applicable and that Grantee agrees that Grantee shall not complete my sale,transfer or assignment of its interest in the Property or my part thereof without fust obtaining from the purchaser,trenaferee,assignee,leasee,licensee,—Pim or my M33rr63.r) ldk 11072 Pg 219 #4042 For Orentoes title,see Quitclaim Deed from E-011Mobil Oil Corporation,formerly known as Mobil Oil Corporation to Doemor of dated December 27,2006 and recorded with the Essex North District Registry of Ikeda at Book 10567,Page 58. JN WITNESS WHEREOF,Greater has signed this deed this 15a day of F22 ,ut Realty Dev myt Lams P.Mmicucei,Jr., COMMONWEALTH OF MASSACHUSETT County of Essar,as On this 15th day of February, 2008,before me, the undersigned notary public.personally appeared Lostis P.Mimieucei,Jr.,pmved to me through satafecmry evidence of identification,which is that he is known On me for a period of time m establish beyond doubt that he has the identity claimed, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated PPurpose, as a Manager of Chestnut Realty Development,LLC. p4vv / _ NOTARY PUBLIC �'�' BOVVOT W LVW No"PUOGc [.pMlfaa4]AIa1Mm0EA114e1a MY ComMs ,A Fe0 lao �uery Park Street Redeployment,LLC r By. Brian Derry,M`maFF COMMONWEALTH OF MASSACINSETTS County of Essex,as On this 15' day of February, 2008, before me, the undersigned notary public, personally appeared Brian Darcy,proved to me through satisfactory evidence of identification,which is that he is known to me for a period of time to establish beyond doubt that he has the identity claimed,to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he signed it voluntarily for its stated purposqVfflr ofP 'Street Redevelopment.LLC, NOTARY PUBLIC SOVEFT W,LEVY NoluY PUNk 1 My coeetlAINNa Bgam l`.1„•]( MV Commis9cn Frp tas A FeGmary9,2008 (KO]fAG6r2t Ek 11072 Pg 220 #4042 EX913IT"A^ That certain parcel of land located on Chickering Road,Franldin Street and Park Street,North Andover,Essen County,Massachusetts,shown as Lot A on a plan entitled"Plan of Lend in North Andover,Mass.Surveyed by Mobil Oil Corpumnion"dated April, 1971,prepared by Emmons, Fleming and Bienvenq Inc.Engineers and Surveyors,recorded with the Basex South District Registry of Deeds as Plan No. 10506 and more particularly described as follows: Beginning at a point formed by the intersection of the westerly sideline of Chickering Road(aka Massachusetts State Highway Route 125,80 foot wide right of way)with the southerly sideline of Franklin Street(50 foot wide)and from said point of beginning maning thence: 1. Along said westerly sideline of Chickering Road,south 28 degrees-44 minutes-20 seconds west,a distance of 251.12 fed m a point of intersection of said westerly sideline with the northerly sideline of Park Street(fk.s Haley Street),thence,along said northerly sideline,the following two(2)courses: 2. North 70 degrees-19 minutes-44 seconds west,a distance of 96.99 fed to a point, thence: 3. North 76 degrees-12 minutes—0.3 seconds west,a distance of 27.06 feet to a drill hole found,theam,along the dividing line between Lot 26 and Lot 24(df lands of Barry A.and Rosemary J.Brodette),Assessor's Map 71,the following three(3)courses: 4. North 00 degrees—00 minutes—47 seconds west,a distance of 113.79 feet to a point, thence; 5. South 75 degrees—49 minutes-13 seconds east,a distance of 62.31 feet to a point,thenee; 6. North 13 degrees—19 minutes-09 seconds east,a distance of 84.84 feet to a point on the southerly sideline of Franklin Street,thence; 7. Along said southerly,sideline,north 90 degrees—00 minutes—00 seconds east,a distance of 158.42 fed to the point and place of beginning. Said Lot A containing 31,424 square feet according to said plan, (Km5Bt651j 065582 LOWELL FIVE02I22I2012 TOWN-NOAND NAME, TOWN OF NORTH ANDOVER CHECK DATE NET AMOUNT PAID VENDOR NO, DISCOUNT TAKEN GROSSAMOUNT REFERENCE NUMBER INVOICE DATE 644226 FILING-FEE 02/22/2012 8,442.26 0.000 I . 6 yyTggY1111{OR TN!YPCK "OL"__gm - Hro e"Ee"n_v_wo wn"au*Ac ""oP°`"s"OO-"'�W!'" lMg 065582 OWELL FIVE , _v---u�,,F LOWELL,MA,SA3 US TTS 01852 1.� Ve LOWELL FIVE PO.BOX 440 DAT�2�22 2012 LOWELL,MA 01853-0440 AMOUNT $6,44226+ LOWELL FIVfOWN-NOAND TOWN OF NORTH ANDOVER 02122/2012 065583 VENDOR NO: NAME: CHECK DATE: REFERENCE NUMBER INVOICE DATE GROSSAMOUNT DISCOUNTTAKEN NET AMOUNT PAID FILING--FEE 02/22/2012 2,000.00 0.000 2,000.00 __TMIBOXEGN IB VOID WITXOOTACOLORID BOXDlMMIO MONOR�PWSAKMIDIR IOIORRIMRlAMAIO41840X TXGMWI M9tDTYlB,t!TO YIEN' —� LOWELL FIVE 065583 C LOWELL FIVE LOWELL,MASSACHUSETTS 01052 LOVV@IIFjW 53-7133-2133 u.,....ne..a......u... P.O.BOX 440 LOWELL,MA 01SM-W0 DAT02/22/2012 AMOUNT $2,000.00- PAY 2 000.00'PAY TWO THOUSAND DOLLARS and 00 CENTS 0 SIGNATURES�REQUIRED OVER$20,000.00 TO THE TOWN OF NORTH ANDOVERj2r Q cluGua� ORDER OF x06558311• 1: 2L13713371: 8 1000 200611' i r lObE0.Yl0 fAllflNOYI�NLUf<NMdR!(1!lINflINT MAT!!MN[K ON-1N!fAON HOLO RT ANOLE TO VIEV! LOWELL FIVE 065580 LOWELL.MASSACHUSETTS 01852 Lc W lme LOWELL FIVE 53-713&2133 �en..e.�u....+..� PO.BOX 440 LOWELL,MA 01853-0440 DAT�2�22 2012 AMOUNT $25.00 PAY TWENTY-FIVE DOLLARS and 00 CENTS TWO SIGNATURES REQUIRED OVER$20 000.00 TOWN OF NORTH ANDOVER TOTHE ORDER _ OF m0655801I• 1; 2113713371: 8 3000 2006110 LOWELL FIVE VENDOR No: TOWN-NOAND NAME' TOWN OF NORTH ANDOVER CHECK DATE-. 0222/2012065581 REFERENCE NUMBER INVOICE DATE GROSSAMOUNT DISCOUNT TAKEN NETAMOUNTPAID CONSULTANT- E®2122/2012 2,000.00 0.000 2,000.00 $2,000.00• _THj-CHECK IB WOO WITHOU----TM1COLDI6D`lORDMµoKgeK_ — PNNIL�1!!MN'MATIKKFiD[OK TNI Y.CK_NOLD qT ANOLl TO yIlW __ LOWELL FIVE 065581 L01 WIIFiVe LOWELL FIVE LOWELL,MASSACHUSETTS 01&52 ^' °^ PO.BOX 440 587133-2133 LOWELL,MA 01853-0440 DATE2�2Z�2012 AMODUNT $2,000.00' PAY TWO THOUSAND DOLLARS and 00 CENTS SIGNATURESTWO REQUIRED OVER$20.000.00 ORDEa TOWN OF NORTH ANDOVER t OF 11!065581&! 1: 2113713371: 81000200611• r DJK Dermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning 280 Main Street, Suite 204 North Reading, MA 01864-1300 Office: 978-664-2205 MEMORANDUM TO: Craig A. Fishman, Vice President FROM: Dermot J. Kelly, PE, PTOE NES Group DJK Associates, Inc. 905 S Main Street, Suite 201 280 Main St., Ste. 204 Mansfield, MA 02048 North Reading, MA 01864 SUBJECT: Traffic Impact Analysis REF: 760-2 cI Proposed LOWELLFIVE Drive-In Bank 498 Chickering Road (Route 125/133), o� 0Ef1n ur"Y r� xe North Andover, MA ro.sign DATE: February 27, 20 R, Ar INTRODUCTION DJK Associates, Inc. has conducted a Traffic Impact Analysis for the proposed 3,158 square foot (SF) LOWELLFIVE Drive-In Bank to be located at 498 Chickering Road (Route 125/133) between Park Street and Franklin Street in North Andover, Massachusetts. Currently, the proposed Bank would also contain three drive through lanes with a one-way traffic circulation pattern counterclockwise around the building to maximize on site queuing. Access to and egress from the site would consist of a two way driveway located at the northern end of the parcel and a one-way exit located at the southern end of the site. Twenty-six parking spaces would be provided on-site. SITE-GENERATED TRAFFIC VOLUMES Trip generation rates for Drive-In Bank land uses are published by the Institute of Transportation Engineers (ITE) in Trip Generation'. ITE provides peak hour and daily trip rates for a variety of land uses. The ITE trip generation rates were applied to the previous land use (Mobile Gas Station), the previous proposed land uses (Starbucks and Specialty Retail) and the current proposed Drive-In Bank. The vehicle-trip generation characteristics for the various land use are summarized below in Table 1. 1 Trp Generation,Seventh Edition, Insttute of Transportation Engineers;Washington,D.C.,2008. 760-M mIcim 2128/12 DJK Dermot J.Kelly Associates, Inc. Traffic EngineeringrTransportation Planning Craig A. Fishman, Vice President February 27, 2012 Page 2 TABLE 1 VEHICLE-TRIP GENERATION SUMMARY Previous Mobile Previous Current Net Net Gas Station Proposed Proposed Impact Impact 8-Vehicle Starbucks and LOWELLFIVE Compared Compared to Time Period/ Fueling Specialty Retail Drive-In Bank to Previous Previous Direction of Travel Positions a 4,849 SF b 3,158 SF c Use Proposed Use Weekday Morning Peak Hour Entering(vph)d 48 49 22 -26 -27 Exiting(vph) 41 47 17 -31 -30 Total(vph) 96 96 39 -57 -57 Weekday Evening Peak Hour Entering(vph) 55 45 41 -14 -4 Exiting(voh) 55 At! 41 -14 -5 Total(vph) 110 91 82 -28 -9 Average Weekday Entering(vpd)0 674 528 234 -440 -294 Exiting(vpd) 674 fL 234 J60 -294 Total(vpd) 1,348 1,056 468 -880 588 a Source: Institute of Transportation Engineers (ITE) Trip Generation, 7e Edition, 2003, Land Use Code#944 Gasoline/Service Station trip rates for 8-Vehicle Fueling Positions. b Source: Institute of Transportation Engineers(ITE) Trip Generation,7°Edition,2003,Land Use Code#934 Fast-Food Restaurant with Onwi-Through Window at 1,789 SF of Gross Floor Space plus Land Use Code#814 Specialty Retail Center at 3,060 SF of Gross Floor Space. c Source:Institute of Transportation Engineers(ITE)Trip Generation,T"Edition,2008, Land Use Code#912 Drive-In Bank at 3,158 SF of Gross Floor Spam. d vph=velncle-tdps per hour, a vpd=vehiclatrips per day. It is anticipated that the proposed redevelopment project would generate 468 vehicle-trips per weekday. This daily volume would be split evenly with 234 vehicle-trips entering and 234 vehicle-trips exiting the site over the course of the entire 24-hour day. More importantly, during the weekday morning peak hour, it is anticipated that an average of 39 vehicle-trips per hour (vph) would be generated, 22 vph entering and 17 vph exiting. Similarly, during the evening peak hour the proposed Drive-In Bank would generate 82 vph, 41 vph entering and 41 vph exiting the development project during the peak 60-minute period. It should be noted that the proposed redevelopment would generate 880 vehicle-trips per day less than the previous gas station. During the morning peak hour the proposed Drive-In Bank would generate 57 vph less than the previous gas station. Similarly, during the evening peak 760-Mem2.doc,2128/12 DJKDermot J. Kelly Associates,Inc. Traffic Engineering/Transportation Planning Craig A. Fishman, Vice President February 27, 2012 Page 3 hour the proposed redevelopment project would generate 28 vph less than the previous gas station. MITIGATION MEASURES The final phase of the analysis process is to identify the mitigation measures necessary to minimize the traffic-related impacts of the project on the adjacent transportation system. The proponent has committed to implement all mitigation measures listed below, assuming all permits and approvals are obtained to construct the proposed project as well as all necessary permits and approvals to implement such mitigation and the project proponent proceeding to construction of the project: o The two-way Site Drive is suggested to consist of a minimum 24-foot wide cross section with one 12-foot wide lane for entering traffic and one 12-foot wide lane for exiting traffic. Similarly, the one-way exit driveway is suggested to consist of a minimum 24-foot wide cross section with two 12-foot wide lanes for exiting traffic. Intersection corner radii are suggested to be 5-to 30-foot radius. o Egress movements from the Proposed Site Drives are suggested to be placed under Stop sign control with a painted stop line behind the raised sidewalk. At the two-way driveway a double yellow center line should be provided along the first 20 to 30 feet of the driveway separating opposing traffic movements. At the one-way driveway, a single white lane line should be provided along the first 20 to 30 feet of the driveway separating right-turning traffic from left-turning traffic. Overhead street lighting at the intersection of the Proposed Site Drives are suggested to be considered. o One-way and Do Not Enter signs should be appropriately placed throughout the site and at the one-way driveway. o To enhance the overall sight distance at the intersection of the proposed driveways with Chickering Road, it is recommended that roadside vegetation and topographic ground elevations adjacent to the access/egress driveways and across the project parcel frontage be maintained such that sufficient safety sight lines are provided in both directions throughout the life of the project. This triangular area across the project parcel frontage should extend 20 feet back from the existing edge of the roadway representing an existing vehicle and extend 425 feet along Chickering Road representing an approaching vehicle from the east and west. It should be noted that the 20-foot distance into the Site Drive exceeds the normal position of a driver's eye, which is generally 8 feet or less from the front of the vehicle. Furthermore, the 425 feet along Chickering Road represents adequate sight distance for a speed of 50 mph. 760-Mem2.doc;2/28/12 DJKDermot J. Kelly Associates, Inc. Traffic Engineering/Transportation Planning Craig A. Fishman, Vice President February 27, 2012 Page 4 SUMMARY/CONCLUSION It should be noted that the proposed redevelopment of the former Mobile Gas Station would generate 880 vehicle-trips per day less than the previous gas station. During the morning peak hour, the proposed redevelopment project would generate 57 vehicle-trips per hour less than the previous gas station. Similarly, during the evening peak hour the proposed redevelopment proiect would generate 28 vehicle-trips per hour less than the previous gas station. 760-MemIdoc',2126112 NOtrTry 20x`.•e .1y00 "IVED c - i Tr 2011 AUG -5 Pig 2: 02 1s+wcHuaA TL"u: '" PLANNING DEPARTMENTNO2i I ''._' P1A> Community Development Division Form A - Application for APPROVAL NOT REQUIRED DATE: 8�5�Ir Bring three application forms to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the Planning Board approval under the Subdivision Control Law is not required. 1. Name Of Applicant: fW ` JM-F F-G�bV�.'(��µ�l v LIC Address: 7,5t 5LL-fT0]'-I 6T. tSw-m wS , N0(?—�T4 I°tt11b0vF:T- L@RaW11 2. Location and Description of Propertrryy[include Assessor's Mapp and Lot and Zoning Dis )]: 49Q CHIUceRsls(� ROAD. NO Ie Tp-k AUDOvE2 zoNt N6 : 6B AUG 5 2011 ESSOR. i4xf -it LO 24 3. Deed Reference: Book 1\0-17— page 2/S NORTH ANDOVER PLANNING DEPARTMENT or Certificate of Title: 4. Nameofsurveyor: µ IK/d'K 64jblueQ .(N6 Ku(e6 5-rcEPik1w e S� 1g�rQ7f�15K11 Address: b A-law R NtDOVE M,/a 01 O Signature ofOwner(s): Ldt/1 13 HtAprCu Gt ."A2. M�lUP,661� Address: Z31 5V-M1J ST. t Su [Tt: (9�Ok'rH fJPbVE{Z Page 1 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2.36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 Fax 978.688.9542 Web www.iownofnorthondover.com Edited 8/1/07 Please indicate the grounds(either A,B,C or D,not a combination)on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: 1. }las the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained&used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Registry of Deeds or the Land Court prior to the adoption of the Subdivision Control Law. - - Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled"Not A Building Lot'. ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Lasmo - N ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described abovem r `^ J f: Received: Town of North Andover Town Clerk(date stamp): 0 Signature of Town Official receiving this application: n r Notice to APPLICANVIFOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41, s.81-1-and must,therefore,be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board DateDat��G� � : Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.688.9535 fox 978.688.9542 Web www.townafnorthandovercum Edited 8/1/07 r10RTry T 2011 AUG -5 P:,4 2: 02 y9S5ACNU5f�� �. NoR PLANNING DEPARTMENT `1^." Community Development Division Form A - Application for APPROVAL NOT REQUIRED DATE: Bring three application fors to the Town Clerk's office to time stamp. Leave one application with the Town Clerk and bring two applications to the Planning Department. The undersigned, believing that the accompanying plan of property in the Town of North Andover, Massachusetts,does not constitute a subdivision within the meaning of the Subdivision Control Law,herewith submits said plan for a determination and endorsement that the PlanningBoardapproval under the Subdivision Control Law is not required. 1. Name Of Applicant• f W fexM i �-�f µE�\ Lt C Address: Zvl sw-rTO{.1 6T. I lu%- 6 Z % NOF—T4 psIJID0U6- 2. Location and Description of Propertrtyy include Assessor's Map and Lot and Zoning District(s)]: Q CF(AGKER1Vrvs POA01 NO tit"rµ PUt3DVE2 ZONt N b.B ��SESSOrL HilP it 1.0 �.- 3. Deed Reference: Book 11 d'y Page z/5- or C5or Certificate of Title: 4. Nameofsurveyor: f'A IfI/d'aL EN61UEE1'-IN(9 54U(GE 5-tEPR;qj 8 . ST-Ppl SK( 1 Address: bb R21< 47 A Nb0 E µ,h. D 1 0 �LS Signature of Owner(s): LUV 15 Address: 231 Su-r-ro0 ST• SutTt: 191 NOWrR 16.r0 V"0-- Page I of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dopt.,Mossoshuseds 01845 Phone 978.688.9535 Fox 918.688.9542 Web mv,vowaafinorthandoyencorn Edited 8/1/07 Please indicate the grounds(either A, B, C or D, not a combination)on which you believe your plan not to be a subdivision. ❑A. Each lot on the plan meets one of the following criteria: 1. ,Has the frontage,lot area,and lot width required under the Zoning By-law on: a)a public way,or b)a way which the Town Clerk certifies is maintained 8 used as a public way,or c)a way shown on a plan approved and endorsed by the Planning Board under the Subdivision Control Law, recorded in Plan Book Plan ,or d)a way in existence before the adoption of the Subdivision Control Law by the Town and which the Board finds adequate for the way's proposed use,or e)a way shown on a plan of a subdivision recorded at the Reglsiry of Deeds or the Land Court prior to the —/ adoption of the Subdivision Control Law. - 01 Each Lot has been clearly marked on the plan to be either: a)joined to and made part of an adjacent lot, or b)labeled"Not A Building Lot". ❑C. Each lot on the plan contains a building that existed prior to the adoption of the Subdivision Control Law. ❑D. The plan shows an existing parcel with no new lot division(s)and has frontage on a way described above. Received:Town of North Andover Town Clerk(date stamp): Signature of Town Official receiving this application: Notice to APPLICANT/TOWN CLERK of action of Planning Board on accompanying plan: 1. The North Andover Planning Board has determined that said plan does not require approval under the Subdivision Control Law,and the appropriate endorsement has been made upon the same. 2. The North Andover Planning Board has determined that said plan shows a subdivision,as defined by G.L.c.41,s.81-L and must,therefore, be resubmitted for approval under the Subdivision Control Law. Very truly yours, North Andover Planning Board By: Date: Page 2 of 2 1600 Osgood Street,North Andover,Bldg.20,Suite 2-36 Planning Dept.,Massachusetts 01845 Phone 978.668.9535 Fax 978.688.9542 Web"w to fnorth d� <�m Edited 8/1/07