HomeMy WebLinkAboutKORFF, ROBERT "ORTp
4".. "."° Town of North Andover
A + ��M �� RECEIVED
Office of the Planning Department T0WF,
" * Community Development and Services Divisi
ft�c, ,g`� 400 Osgood Street OCT t ��� 09
North Andover,Massachusetts 01845
Lincoln Daley NORTH AaYc'lo
Town Planner MASSACHL;�,'-�
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20)(days after the
date of filing this Notice
in the office of the Town Clerk. Date: October 11,2005
Date of Hearings: September 6,2035—October 4,2005
Petition of. Robert Korff,President,
Mark Investments,Inc.,54 Jaconnet Street,S'203
Newton,MA 02461
Premises Aeected: Property located at intersection of Turnpike St.(Rte. 114)and Waverly
Road,North Andover,MA.01845
Pursuant to the provision of M.G.L. Chapter 40-A, Section 11 of the North Andover Bylaw. Referring to
the above petition for a Site Plan Review Special Permit under Section 8.3& 10.3&Planned Commercial
Development District, Section 15.4.1 of the North Andover Bylaw,the applicant seeks to construct two
contiguous commercial buildings,Building 1 containing approximately 14,820 s.f.+/-as a Walgreen's
Pharmacy&Building 2 containing approximately 11,345 s.f.+/-fora proposed retail use within the
Planned Commercial Development District.
At a public hearing on October 4,2005 of the Planning Board and upon a motion by John Simons,2'd by
Richard RoVven to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the original
application)as per the petitioners written request submitted on October 4,2005,vote was unanimous
5-0.
At a public hearing given on October 4,2005 of the Planning Board and upon a motion by John Simons,2°d
by Richard Rowen to RE-OPEN THE MEETING and to accept all submitted data as of 10/4/05,vote
was unanimous 5-0.
Signed:
Lincoln Daley own Planner
cc: Applicant for the Planning Board
Atty.Manzi
Abutters Richard Nardella,Chairman
Town Departments John Simons,Vice Chairman
James Phinney,Clerk
Alberto Angles
Jack Green
Richard Rowen,alternate
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 6889530 HEALTH 688-9540 PLANNING 688-9535
A
Y
I&ORTH Town of North Andover
Office of the Planning Department
Community Development and Services Division
400 Osgood Street
'ss� tt North Andover,Massachusetts 01845
Lincoln Daley Telephone(978)688-9535
Town Planner Fax(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
Within(20)days'after the
Date of filing this Notice
In the Office of the Town Date: November 15,2005
Clerk Dates of Hearings:October 4,2005,October
189,2005,November 1,2005,November 15,
2005
Petition of:Marr Invests,Inc.,54 Jaconnet Street,Suite 203,Newton,Massachusetts 02461
Premises affected:North Andover Assessor's Map 27,Parcels 16, 17, 18, 19,20,21,22,23,24, 25 &
26.
Referring to the'above petition for a Site Plan Review Special Permit within the Planned Commercial
District Overlay, The application was noticed and reviewed in accordance with the procedures for
approval described in Sections 8.5, 10.3, 10.31,and 15 of the Town of North Andover Zoning Bylaw
and MGL c.40,sec.9.
So as to allow:the construction of a 14,766+.square feet Walgreens Pharmacy building,an 11,295+-
square foot building consisting of retail space, 158 parking spaces,and extensive landscape work.
After public hearings given on the above dates,the Planning Board voted unanimously to APPROVE
the Site Plan Review Special Permit based upon the following conditions:
Si _/✓
Lincoln D ey,Tow Planner,
For the Planning Board
Richard Nardella,Chairman
John Simons,Vice Chairman
Cc: Applicant James Phinney,Clerk
Engineer Aberto Angles o
Abutters Jack Green a
DPW Richard Rowen,Altern %D m
Building Department
Conservation Department " C:)
C)
O
ATTEST: •.
A True Copy Cr% M
P'Y'v
Town Clerk
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
i
Planned Commercial District/Site Plan Review Special Permit-Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,20,05
The Planning Bard herein approves the Site Plan Review Special Permit for the construction of 14,766+-
square feet Walgreens Pharmacy building,an 11,295+-square foot building consisting of retail space, 158
parking spaces,:and extensive landscape work. These buildings are located in the Planned Commercial
Overlay District and on Map 27, Parcels 16, 17, 18, 19,20,21,22,23,24,25 &26 when combined total
approximately 4.42+-acres(192,548 s.f). This Special Permit was requested by Mark Investments, Inc.,
54 Jaconnet Street, Suite 203,Newton, Massachusetts 02461.This application was filed with the Planning
Board on October 4, 2005. The applicant submitted a complete application which was noticed and
reviewed in accordance with Sections 8.3, 10.3, 10.3 1,and 15 of the Town of North Andover Zoning
Bylaw and MGI.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 located in the Planned Commercial
Overlay District and involves the construction of permitted uses within the zone. The identified
parcels above were rezoned at the May 10,2004 North Andover Annual Town Meeting from
Residential'4 zoning designation to a Planned Commercial Overlay District. A copy of the approval
from the Attorney General's Office dated August 24,2004 is on file at the North Andover Planning
Department.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. All plantings and screening depicted on the approved plans, Sheet 3 of 11, Landscape Plan,
dated October 10, 2005 referenced herein, shall remain in perpetuity over the life of the project.
a. Route 114 Frontne of Proposed Development: Extensive landscaping has been provided along
the Route 114,Turnpike Street frontage. A wooden guide rail will be located on the subject
property and will be extended along the entire frontage of Route 114 to the south of the project
entrance/exit on Route 114. The guide rail will be approximately two feet in height. A pedestrian
access/stairwell has been created to provide a direct connection from Route 114 directly to the
buildings. Pedestrian sidewalks will be constructed connecting the Rte. 114 sidewalks.
b. Residential Abutting Property: Special care has been taken to carefully screen all residential
abutting property directly adjacent to the proposed development.
c. Commercial Abutting Property: There is also adequate landscaping provided around the
perimeter of the existing'Eaglewood Properties so that the landscaping provides a level of
distinction between the two developments but is consistent with existing vegetation that will
remain.. A retaining wall will be constructed along the Walgreens and Eaglewood Properties
property boundary.
d. Internll landscaping: Landscaping will be provided within the parking islands and within the
SO foot visual buffer required within the Planned Commercial District.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The Town's traffic consultant,
TEC, has reviewed the traffic data. The applicant has provided three access/egress drives to the site:
the right-in right-out turn entrance off Route 114,and two left and right in turn and left and right out
turn drives off Waverly Road. The applicant will also be providing the following traffic mitigation:
a. The applicant will widen Route 114 eastbound to accommodate a l0-foot shoulder to allow right
1 _
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
turn movements into the site.
b. The applicant will widen Waverly Road to lengthen the exclusive left-turn lane on the northbound
approach to Route 114. The widening occurs along the site's frontage and within the documented
right-of-way.
c. The applicant modified the site grading in approved plans to reasonably accommodate a potential
future-widening project by MassHighway to introduce two through lanes on Route 114
eastbound.
4. The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by
the Planning Board, of the North Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been
reviewed and approved by the Outside Consulting Engineer, MHF Design.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning'!Bylaw.
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project will provide for municipal water, sewer and utilities on the property to adequately address
the needs of the project. Furthermore,the design of the Walgreens building and retail facility
contains design characteristics that are present in traditional town centers, and nearby commercial
projects in North Andover.
8. The applicant is proposing to construct a continuous sidewalk system along the edge of parcel
boundary on Waverly Road extending to the intersection of Route 114 and Waverly Road and to
repair/replace any of the newly constructed sidewalks that may be disturbed along Rte. 114. A
pedestrian access/stairwell will be constructed on the property fronting Route 114 and will provide
pedestrian access from the southeasterly corner of Retail building parking lot directly to Route 114.
Pedestrian access will be provided throughout the interior of the site through crosswalks and a
sidewalk system abutting the proposed building. Sidewalks located within the Right of Way will be
maintained'by the Town of North Andover and sidewalks/pedestrian walkways located on private
property will be maintained by the property owners.
9. Finally the,Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in
compliance.
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 15.1 and 15.4.i(B)(3):
FINDINGS OF FACT:
1. The project satisfies the intent of the overlay district by developing unique and specific tracts of land
identified by the Town's Master Plan and Planning Board for the purpose of planned commercial
development.
2. The project is compatible with the character and uses of the Town and provides significant economic
benefits to the community. The design of the Walgreens building and retail facility contains design
characteristics that are present in traditional town centers and nearby commercial projects in North
2
` Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Andover.
3. The Town's traffic consultant,TEC,has reviewed the traffic and parking data and determined that the
proposed project will not generate excessive traffic flows that are excessive for the project location.
Ingress and egress for traffic flow and traffic circulation within the project are designed properly so
that there will be no serious hazard to vehicles or pedestrians. Further, adequate parking facilities are
provided for each use and structure in the development.
4. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
15.4.1(13)(3)of the Zoning Bylaw.
5. The project does not adversely affect the natural environment to the detriment of community
character. The Town's stormwater management consultant, MHF Designs and Division of Public
Works have reviewed the stormwater management and drainage plans and determined that the
proposed project satisfies the requirements of the Town Bylaw and Department of Environmental
Protection.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 8.3.5 and 15.4.1(B)(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:
SPECIAL CONDITIONS
1. Construction Monitor: The applicant shall designate an independent Construction Monitor who
shall be chosen in consultation with the Planning Department. The Construction Monitor must be
available upon four(4)hours' notice to inspect the site with the Planning Board designated official.
The Construction Monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project.The monthly reports shall detail area of non-
compliance, if any and actions taken to resolve these issues. The designated monitor may not be
applicant and/or developer. The weekly inspections and monthly reports provided to the Planning
Department shall include the following:
a) site clearing;
b) erosion control;
C) stabilization/erosion;
d) drainage and detention structures;
e) on-site water and sewer utilities;
fj parking spaces and related pavement;
g) curb cuts;
h) retaining walls;
i) site screening, landscaping and street trees;
j) site restoration;
k) final site cleanup.
2. Prior to the endorsement of the plans by the Planning Board,the applicant must comply with the
following conditions:
a) The final plan must be reviewed and approved by the North Andover Department of Public
Works the town's outside engineering consultant,the Town Planner,and must be subsequently
endorsed by the Planning Board. The final plans must be submitted for review within ninety days
of filing the decision with the Town Clerk.
3
i
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
b) A site opening/erosion control bond shall be posted(per agreement with the North Andover
Planning Board)in the total amount t of ten thousand dollars($10,000.00)for therP u ose of
p
covering any contingencies that might affect the public welfare such as site-opening,clearing,
erosioncontrol and performance of any other condition contained herein. The Guarantee shall be
in the form of a check made payable to the Town of North Andover escrow account.
c) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
3. Prior to the start of construction:
a) A pre-construction meeting shall be held with the applicant, Town Planner, Director of
Engineering from the Department of Public Works,and the designated Construction Monitor as
listed in Conditions#l. The purpose of this meeting will be to review the phasing of the
development and for the applicant to submit a construction schedule for the purpose of tracking
the construction and informing the public of anticipated activities on the site. The applicant will
also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which
may occur as a result of the installation.
b) During,construction,the site must be kept clean and swept regularly throughout the construction
process. Dust mitigation,dewatering and roadway cleaning must be performed weekly, or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
c) The developer must coordinate with the Division of Public Works to perform inspectional
services for the construction of this project. Inspectional services will include but are not limited
to the following: installation of on site sewer, water and drainage facilities, fill material
installation, pavement,curbing and sidewalk installation,etc.
d) A 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.
e) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways, except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in with the plan;
provided, however,that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
f) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the
plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or
clearing on site.
g) A Performance Guarantee in an amount to be determined by the North Andover Department of
Public Works shall be posted to ensure completion of the work in accordance with the Plans
approved as part of this conditional approval. The bond must be in the form acceptable to the
North Andover Planning Board. Items covered by the Bond may include, but shall not be limited
to:
i.) as-built drawings;
ii.) on-site sewers and utilities;
iii.) curb cuts and parking spaces;
iv.) lot and site erosion control;
4
Planned Commercial District/Site Plan Review Special Permit- Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
i
v.) site screening and street trees;
vi.) drainage facilities;
vii.) site restoration;
viii.) final site cleanup.
h) The applicant shall provide the Planning Board with copies of permits, plans and decisions
received from all other town boards,commissions or departments. In addition to receipt of
these)plans, the applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Condition 22.
i) Building permits must be obtained for retaining walls over 4' high.
4. Prior to FORM U verification(Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three(3)copies of the signed
plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The applicant shall adhere to the following requirements of the North Andover Fire Department
and the North Andover Building Department:
i.) All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
d) An as-built plan must be submitted to the Division of Public Works for review and approval prior to
acceptance of the sewer appurtenances for use.
e) Maintenance easements must be submitted for Town maintenance of the sidewalks located within
the Route 114 Right of Way.
5. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the project stating that the
building, signs, landscaping, lighting and site layout substantially comply with the plans referenced
at the end of this decision as endorsed by the Planning Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting
shall be built in accordance with the documentation and approved plans as referenced.
c) All lighting shall have underground wiring and shall be so arranged that all direct rays from such
lighting falls entirely within the site and shall be shielded or recessed so as not to shine upon
abutting properties or streets. The Planning Staff shall review the site. Any changes to the
approved lighting plan as may be reasonably required by the Planning Staff shall be made at the
owner's expense.All site lighting shall provide security for the site and structures however it must
not create any glare or project any light onto adjacent residential properties or oncoming traffic.
d) The commercial fire sprinkler systems must be installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Building
5
Planned Commercial District/Site Plan Review Special Permit- Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Code. Certification that the systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover Fire Department and the
North Andover Building Department to the applicant. The applicant must then provide this
certification to the North Andover Planning Department.
e) Any and all signage plans for the site which have been provided to the Planning Board during the
site plan review process were presented for the materials of the signage only. Any signage plans
must conform to Section 6,Signage and Outdoor Lighting Regulations of the Town of North
Andover Zoning Bylaw and must be approved by the Building Department. In no way is the
applicant to construe that the Planning Board has reviewed and approved the signage plans for
Zoning',Compliance as that is the jurisdiction of the Building Department. All additional permits
must be obtained by the applicant prior to construction. Signage plans provided to the Planning
Board are included in the plans referenced in Condition 22.
f) The applicant must supply a copy of the approved Massachusetts Highway Department permits
necessary for access and construction of the site to the Planning Department. Failure to obtain
all the necessary Massachusetts Highway Department permits for construction and access to the
site, in strict accordance with the approved plans, will result in denial of an occupancy permit for
any and all buildings depicted in the plans referenced herein. In the event the Massachusetts
Highway Department requires a change in the access/egress other than what was approved,the
applicant may submit revised plans as referenced in Condition 22 contained herein.
6. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the applicant`s expense.
b) A final as-built plan showing final topography,the location of all on-site utilities, structures,curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the Division of Public Works. Written certification from a Professional Engineer should
be submitted in a letter signed and stamped from the Engineer stating all work has been
conducted in accordance with the approved plans and Special Permit. Any and all changes from
the approved plans should be clearly noted in the certification letter.
7. 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
to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for
longer than one week must be fenced off with siltation fence and covered.
8. In an effort to reduce noise levels,the applicant shall keep in optimum working order,through regular
maintenance, any and all equipment that shall emanate sounds from the structures or site.
9. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday.
10. Any plants,trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced by the owner. All plantings and screening depicted on the
approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may
be allowed as determined by the Town Planner, but size and coverage must be maintained throughout
6
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
the duration of the project.The height of the specified plants must be measured from final grade, not
from the base of the root ball.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
13. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
14. No underground fuel storage shall be installed on the project site.
15. 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.
16. All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department. The applicant shall offer a pre-blast survey to any structure within 1000'
of the blast site.
17. All snow storage that is stockpiled shall be located in the snow stockpile areas denoted on Sheet 3 of
11 of the record plan revised October 10, 2005. Snow storage shall not result in the loss of parking
spaces except during prompt removal operations. If stockpile areas are not sufficient to handle the
snow storage, snow must be removed from the site.
18. Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m.and 1 I p.m.
seven days a week.
19. The Planning Board expects that the project will be built in accordance with the herein referenced
plans and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for
review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole
discretion deems these revisions to be substantial as defined in Section 8.3.8,the applicant must
submit revised plans to the Planning Board for approval.
21. This Special Permit approval shall be deemed to have lapsed after November 15,2007 (two years
from the date permit granted)unless substantial use or construction has commenced. Substantial use
or construction will be determined by a majority vote of the Planning Board.
22.The following information shall be deemed part of the decision:
Plans Titled: The Development Plans for Walgreens Store#10209
Proposed Walgreen's/Retail Store
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton,Massachusetts 02461
Prepared By: Bohler Engineering
352 Turnpike Road
Southborough, MA 01772
7
Planned Commercial District/Site Plan Review Special Permit-Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Scale: 1"=30'
Date: September 13,2005, Revised November 7, 2005
Sheets:: 1 through 1 I
Reports Titled: Drainage/Stormwater Management Report
Proposed Walgreen's/Retail Store
North Andover,Massachusetts
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton, Massachusetts 02461
Prepared By: Bohler Engineering
352 Turnpike Road
Southborough, MA 01772
Date: August 5, 2005
Reports Titled: Traffic Impact and Access Study
Proposed Walgreen's Pharmacy
North Andover,Massachusetts
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton, Massachusetts 02461
Prepared By: Vanassee&Associates
Transportation Engineers and Planners
10 New England Business Center Drive, Suite 314
Andover, MA 01810
Date: August 2005
Elevations: North Andover Massachusetts Proposed Retail Stores
Prepared By: Edwards and Kelcey
Architects and Engineers
343 Congress Street, Suite 2100
Boston,MA 02210
Date: October 13,2005
Sheets: Al.1,A 1.2
8
NORTH -
t '•' 0 Town of North Andover RE CE V ^
A Office of the Planning Department TOWr c ._7pK•cDFFICE
Community Development and Services Divisi OCT 17 AM I .• 09
psswc►�us�� 400 Osgood Street
North Andover,Massachusetts 01845
Lincoln Daley NORTH AN.'D0
Town Planner
MASSA 'r? '�t: . r
P(978)688-9535
F(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
within(20)days sifter the
date of filing this'Notice
in the office of the Town Clerk. Date: October 11,2005
Date of Hearings: September 6,2005—October 4,2005
Petition of: Robert Korff,President,
Mark Investments,Inc.,54 Jaconnet Street,Suite 203
Newton,MA 02461
Premises Affected: Property located at intersection of Turnpike St.(Rte.114)and Waverly
Road,North Andover,MA.01845
Pursuant to the provision of M.G.L. Chapter 40-A, Section 11 of the North Andover Bylaw. Referring to
the above petition for a Site Plan Review Special Permit under Section 8.3& 10.3&Planned.Commercial
Development District, Section 15.4.1 of the North Andover Bylaw,the applicant seeks to construct two
contiguous commercial buildings,Building 1 containing approximately 14,820 s.f.+/-as a Walgreen's
Pharmacy&Building 2 containing approximately 11,345 s.f.+/-for a proposed retail use within the
Planned Commercial Development District.
At a public hearing on October 4,2005 of the Planning Board and upon a motion by John Simons,2nd by
Richard Rowen to allow the petitioner to WITHDRAW WITHOUT PREJUDICE the original
application as per the petitioners written request submitted on October 4,2005,vote was unanimous
5-0.
At a public hearing given on October 4,2005 of the Planning Board and upon a motion by John Simons,2nd
by Richard Rowed to RE-OPEN:THE MEETING and to accept all submitted data as of 10/4/05,vote
was unanimous 5-0.
Signed: AX
Lincoln Daley own Planner
cc: Applicant for the Planning Board
Atty.Manzi
Abutters Richard Nardella,Chairman
Town Departments John Simons,Vice Chairman
James Phinney, Clerk
Alberto Angles
Jack Green
Richard Rowen,alternate
BOARD OF APPEALS 6 8-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
t4oRT11 , Town of North Andover
�O�,Tiso hb.yd
Office of the Planning Department
Community Development and Services Division
400 Osgood Street
"SAc►+us��` North Andover,Massachusetts 01845
Lincoln Daley Telephone(978)688-9535
Tmjw Planner Fax(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed
Within(20)days after the
Date of filing this Notice
In the Office of the Town Date:November 15,2005
Clerk Dates of Hearings: October 4,2005,October
18,2005,November 1,2005,November 15,
2005
Petition of: Mark Investments,Inc.,54 Jaconnet Street, Suite 203,Newton,Massachusetts 02461
I
Premises affected North Andover Assessor's Map 27,Parcels 16, 17, 18, 19,20,21,22,23,24,25 &
26.
Referring to the above petition for a Site Plan Review Special Permit within the Planned Commercial
District Overlay.! The application was noticed and reviewed in accordance with the procedures for
approval described in Sections 8.5, 10.3,10.31,and 15 of the Town of North Andover Zoning Bylaw
and MGL c.40,sec.9.
So as to allow:the construction of a 14,766+-square feet Walgreens Pharmacy building,an 11,295+-
square foot building consisting of retail space, 158 parking spaces,and extensive landscape work.
After public hearings given on the above dates,the Planning Board voted unanimously to APPROVE
the Site Plan Review Special Permit based upon the following conditions:
Sign
Lincoln y,To Planner,
For the Planning Board
Richard Nardella,Chairman
John Simons,Vice Chairman r
Cc: Applicant James Phinney,Clerk C
Engineer Aberto Angles I-M:70; o
Abutters Jack Green f rs ,
DPW Richard Rowen,Altera ° _
Building Department _ —
z cea
Conservation Department14
ZBA _ _ •-
ro F)
BOARD OF APPE.IL3 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Planned Commercial District/Site Plan Review Special Permit-Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
The Planning Board herein approves the Site Plan Review Special Permit for the construction of 14,766+-
square feet Walgreens Pharmacy building,an 11,295+-square foot building consisting of retail space, 158
parking spaces, and extensive landscape work. These buildings are located in the Planned Commercial
Overlay District and on Map 27, Parcels 16, 17, 18, 19,20,21, 22,23, 24,25 &26 when combined total
approximately 4.12+-acres(192,548 s.f). This Special Permit was requested by Mark Investments, Inc.,
54 Jaconnet Street, Suite 203,Newton, Massachusetts 02461.This application was filed with the Planning
Board on October 4, 2005. The applicant submitted a complete application which was noticed and
reviewed in accordance with Sections 8.3, 10.3, 10.3 1,and 15 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 110.3:
FINDINGS OF FACT:
1. The specific'site is an appropriate location for the project as it is located in the Planned Commercial
Overlay District and involves the construction of permitted uses within the zone. The identified
parcels abovo were rezoned at the May 10, 2004 North Andover Annual Town Meeting from
Residentialzoning designation to a Planned Commercial Overlay District. A copy of the approval
from the Attorney General's Office dated August 24,2004 is on file at the North Andover Planning
Department.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer has been
provided. Ali plantings and screening depicted on the approved plans, Sheet 3 of 11,Landscape Plan,
dated October 10, 2005 referenced herein, shall remain in perpetuity over the life of the project.
a. Route 114 Frontage of Proposed Development: Extensive landscaping has been provided along
the Route 114, Turnpike Street frontage. A wooden guide rail will be located on the subject
property and will be extended along the entire frontage of Route 114 to the south of the project
entrancQ/exit on Route 114. The guide rail will be approximately two feet in height. A pedestrian
access/stairwell has been created to provide a direct connection from Route 114 directly to the
buildings. Pedestrian sidewalks will be constructed connecting the Rte. 114 sidewalks.
b. Residet>~tial Abutting Property: Special care has been taken to carefully screen all residential
abutting property directly adjacent to the proposed development.
c. Commercial Abutting Property: There is also adequate landscaping provided around the
perimeter of the existing Eaglewood Properties so that the landscaping provides a level of
distinction between the two developments but is consistent with existing vegetation that will
remain. A retaining wall will be constructed along the Walgreens and Eaglewood Properties
property boundary.
d. Internal landscaping: Landscaping will be provided within the parking islands and within the
50 foot'visual buffer required within the Planned Commercial District.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The Town's traffic consultant,
TEC, has reviewed the traffic data. The applicant has provided three access/egress drives to the site:
the right-in right-out turn entrance off Route 114,and two left and right in turn and left and right out
turn drives;off Waverly Road. The applicant will also be providing the following traffic mitigation:
a. The applicant will widen Route 114 eastbound to accommodate a 10-foot shoulder to allow right
1
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
turn movements into the site.
b. The applicant will widen Waverly Road to lengthen the exclusive left-turn lane on the northbound
approach to Route 114. The widening occurs along the site's frontage and within the documented
right-of-way.
c. The applicant modified the site grading in approved plans to reasonably accommodate a potential
future-widening project by MassHighway to introduce two through lanes on Route 114
eastbound.
4. The landscaping approved as part of this plan meets the requirements of Section 8.4 as amended by
the Planning',Board, of the North Andover Zoning Bylaw.
5. The site drainage system is designed in accordance with the Town Bylaw requirements and has been
reviewed and approved by the Outside Consulting Engineer,MHF Design.
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of
the Zoning Bylaw.
I
7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The project will provide for municipal water, sewer and utilities on the property to adequately address
the needs oflthe project. Furthermore,the design of the Walgreens building and retail facility
contains design characteristics that are present in traditional town centers, and nearby commercial
projects in North Andover.
8. The applicant is proposing to construct a continuous sidewalk system along the edge of parcel
boundary on Waverly Road extending to the intersection of Route 114 and Waverly Road and to
repair/replace any of the newly constructed sidewalks that may be disturbed along Rte. 114. A
pedestrian access/stairwell will be constructed on the property fronting Route 114 and will provide
pedestrian access from the southeasterly corner of Retail building parking lot directly to Route 114.
Pedestrian access will be provided throughout the interior of the site through crosswalks and a
sidewalk system abutting the proposed building. Sidewalks located within the Right of Way will be
maintained by the Town of North Andover and sidewalks/pedestrian walkways located on private
property will be maintained by the property owners.
9. Finally the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in
compliance,
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Sections 15.1 aiAd 15.4.1(B)(3):
FINDINGS OF FACT:
1. The project satisfies the intent of the overlay district by developing unique and specific tracts of land
identified by the Town's Master Plan and Planning Board for the purpose of planned commercial
development.
2. The project is compatible with the character and uses of the Town and provides significant economic
benefits to the community. The design of the Walgreens building and retail facility contains design
characteristics that are present in traditional town centers and nearby commercial projects in North
2
Planned Commercial District/Site Plan Review Special Permit-Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Andover.
3. The Town's,traffic consultant,TEC,has reviewed the traffic and parking data and determined that the
proposed project will not generate excessive traffic flows that are excessive for the project location.
Ingress and egress for traffic flow and traffic circulation within the project are designed properly so
that there will be no serious hazard to vehicles or pedestrians. Further, adequate parking facilities are
provided for each use and structure in the development.
4. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
15.4.1(13)(3)of the Zoning Bylaw.
5. The project does not adversely affect the natural environment to the detriment of community
character. The Town's stormwater management consultant, MHF Designs and Division of Public
Works have reviewed the stormwater management and drainage plans and determined that the
proposed project satisfies the requirements of the Town Bylaw and Department of Environmental
Protection.
Finally the Planning Board finds that this project generally complies with the Town of North
Andover Zoning Bylaw requirements as listed in Sections 8.3.5 and 15.4.1(B)(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:
SPECIAL CONDITIONS
I. Construction Monitor: The applicant shall designate an independent Construction Monitor who
shall be chosen in consultation with the Planning Department. The Construction Monitor must be
available upon four(4)hours' notice to inspect the site with the Planning Board designated official.
The Construction Monitor shall make weekly inspections of the project and file monthly reports to the
Planning Board throughout the duration of the project. The monthly reports shall detail area of non-
compliance;, if any and actions taken to resolve these issues. The designated monitor may not be
applicant and/or developer. The weekly inspections and monthly reports provided to the Planning
Department shall include the following:
a) site clearing;
b) erosion control;
C) stabilization/erosion;
d) drainage and detention structures;
e) on-site water and sewer utilities;
f) parking spaces and related pavement;
g) curb cuts;
h) retaining walls;
i) site screening,landscaping and street trees;
j) site restoration;
k) final site cleanup.
2. Prior to the endorsement of the plans by the Planning Board,the applicant must comply with the
following conditions:
a) The final plan must be reviewed and approved by the North Andover Department of Public
Works,,the town's outside engineering consultant,the Town Planner,and must be subsequently
endorsed by the Planning Board. The final plans must be submitted for review within ninety days
of filing the decision with the Town Clerk.
3
Planned Commercial District/Site Plan Review Special Permit-Map 27, Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
b) A site opQning/erosion control bond shall be posted(per agreement with the North Andover
Planning Board) in the total amount of ten thousand dollars($10,000.00)for the purpose of
covering any contingencies that might affect the public welfare such as site-opening, clearing,
erosion control and performance of any other condition contained herein. The Guarantee shall be
in the form of a check made payable to the Town of North Andover escrow account.
c) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
3. Prior to the start of construction:
a) A pre-construction meeting shall be held with the applicant,Town Planner, Director of
Engineering from the Department of Public Works, and the designated Construction Monitor as
listed in Conditions#1. The purpose of this meeting will be to review the phasing of the
development and for the applicant to submit a construction schedule for the purpose of tracking
the construction and informing the public of anticipated activities on the site. The applicant will
also discuss the traffic mitigation and any possible road closures and/or traffic mitigation which
may occur as a result of the installation.
b) During construction,the site must be kept clean and swept regularly throughout the construction
process. !Dust mitigation,dewatering and roadway cleaning must be performed weekly,or more
frequently as dictated by site and weather conditions and as directed by the Town Planner.
c) The developer must coordinate with the Division of Public Works to perform inspectional
services for the construction of this project. Inspectional services will include but are not limited
to the following: installation of on site sewer,water and drainage facilities,fill material
installation, pavement,curbing and sidewalk installation,etc.
d) A 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.
e) It shall be the responsibility of the developer to assure that no erosion on the site shall occur
which will cause deposition of soil or sediment upon adjacent properties or public ways,except as
normally ancillary to off-site sewer or other off-site construction. Off-site erosion will be a basis
for the Planning Board making a finding that the project is not in compliance with the plan;
provided,,however,that the Planning Board shall give the developer written notice of any such
finding and ten days to cure said condition.
f) Yellow"Caution"tape must be placed along the limit of clearing and grading as shown on the
plan. The Town's Outside Engineering Consultant must be contacted prior to any cutting and or
clearing on site.
g) A Performance Guarantee in an amount to be determined by the North Andover Department of
Public Works shall be posted to ensure completion of the work in accordance with the Plans
approved as part of this conditional approval. The bond must be in the form acceptable to the
North Andover Planning Board. Items covered by the Bond may include,but shall not be limited
to:
i.) as-built drawings;
ii.) on-site sewers and utilities;
iii.) curb cuts and parking spaces;
iv.) lot and site erosion control;
4
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
v.) site screening and street trees;
vi.) drainage facilities;
vii.) site restoration;
viii.) final site cleanup.
h) The applicant shall provide the Planning Board with copies of permits,plans and decisions
received from all other town boards,commissions or departments. In addition to receipt of
these plans,the applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans referenced in Condition 22.
i) Building permits must be obtained for retaining walls over 4' high.
4. Prior to FORM U verification (Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three(3)copies of the signed
plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The applicant shall adhere to the following requirements of the North Andover Fire Department
and the North Andover Building Department:
i.) All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval by the
North Andover Fire Department. Plans and hydraulic calculations for each commercial
system must also be supplied to the Building Department.
d) An as-built plan must be submitted to the Division of Public Works for review and approval prior to
acceptance of the sewer appurtenances for use.
e) Maintenance easements must be submitted for Town maintenance of the sidewalks located within
the Route 114 Right of Way.
5. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the project stating that the
building,signs, landscaping,lighting and site layout substantially comply with the plans referenced
at the end of this decision as endorsed by the Planning Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate the site. All lighting
shall be built in accordance with the documentation and approved plans as referenced.
c) All lighting shall have underground wiring and shall be so arranged that all direct rays from such
lighting'falls entirely within the site and shall be shielded or recessed so as not to shine upon
abutting,properties or streets. The Planning Staff shall review the site. Any changes to the
approved lighting plan as may be reasonably required by the Planning Staff shall be made at the
owner's expense.All site lighting shall provide security for the site and structures however it must
not create any glare or project any light onto adjacent residential properties or oncoming traffic.
d) The commercial fire sprinkler systems must be installed in accordance with referenced standard
NFPA 13D and in accordance with 780 CMR,Chapter 9 of the Massachusetts State Building
5
I -
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Code. Certification that the systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover Fire Department and the
North Andover Building Department to the applicant. The applicant must then provide this
certification to the North Andover Planning Department.
e) Any and all signage plans for the site which have been provided to the Planning Board during the
site plan review process were presented for the materials of the signage only. Any signage plans
must conform to Section 6, Signage and Outdoor Lighting Regulations of the Town of North
Andover Zoning Bylaw and must be approved by the Building Department. In no way is the
applicant to construe that the Planning Board has reviewed and approved the signage plans for
Zoning Compliance as that is the jurisdiction of the Building Department. All additional permits
must be obtained by the applicant prior to construction. Signage plans provided to the Planning
Board are',included in the plans referenced in Condition 22.
f) The applicant must supply a copy of the approved Massachusetts Highway Department permits
necessary for access and construction of the site to the Planning Department. Failure to obtain
all the necessary Massachusetts Highway Department permits for construction and access to the
site, in strict accordance with the approved plans,will result in denial of an occupancy permit for
any and all buildings depicted in the plans referenced herein. In the event the Massachusetts
Highway Department requires a change in the access/egress other than what was approved,the
applicant may submit revised plans as referenced in Condition 22 contained herein.
6. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the applicant's expense.
b) A final asbuilt plan showing final topography,the location of all on-site utilities,structures,curb
cuts, parking spaces and drainage facilities must be submitted to and reviewed by the Planning
Staff and the Division of Public Works. Written certification from a Professional Engineer should
be submitted in a letter signed and stamped from the Engineer stating all work has been
conducted in accordance with the approved plans and Special Permit. Any and all changes from
the approved plans should be clearly noted in the certification letter.
7. 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
to minimize any dust problems that may occur with adjacent properties. Any stock piles to remain for
longer than one week must be fenced off with siltation fence and covered.
8. In an effort to reduce noise levels,the applicant shall keep in optimum working order,through regular
maintenance, any and all equipment that shall emanate sounds from the structures or site.
9. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
10. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in this
decision that die shall be replaced by the owner. All plantings and screening depicted on the
approved plans shall remain in perpetuity over the life of the project. Reasonable substitutions may
be allowed as determined by the Town Planner,but size and coverage must be maintained throughout
6
Planned Commercial District/Site Plan Review Special Permit- Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
the duration of the project. The height of the specified plants must be measured from final grade,not
from the base of the root ball.
11. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
12. Gas, Telephone, Cable and Electric utilities shall be installed underground as specified by the
respective utility companies.
13. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
14. No underground fuel storage shall be installed on the project site.
15. 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.
16. All blasting shall be in complete compliance with regulations and procedures required by the North
Andover Fire Department. The applicant shall offer a pre-blast survey to any structure within 1000'
of the blast site.
17. All snow storage that is stockpiled shall be located in the snow stockpile areas denoted on Sheet 3 of
11 of the record plan revised October 10, 2005. Snow storage shall not result in the loss of parking
spaces exceptduring prompt removal operations. If stockpile areas are not sufficient to handle the
snow storage,;snow must be removed from the site.
18. Truck deliveries for goods and merchandise shall occur only between the hours of 6 a.m. and 11 p.m.
seven days a week.
19. The Planning]Board expects that the project will be built in accordance with the herein referenced
plans and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings. Any revisions shall be submitted to the Town Planner for
review in accordance with Section 8.3.8 of the Zoning Bylaw. If the Town Planner in his/her sole
discretion deems these revisions to be substantial as defined in Section 8.3.8,the applicant must
submit revised plans to the Planning Board for approval.
21. This Special(Permit approval shall be deemed to have lapsed after November 15,2007 (two years
from the date permit granted)unless substantial use or construction has commenced. Substantial use
or construction will be determined by a majority vote of the Planning Board.
22.The fol lowing information shall be deemed part of the decision:
Plans Titled: The Development Plans for Walgreens Store#10209
Proposed Walgreen's/Retail Store
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton, Massachusetts 02461
Prepared By: Bohler Engineering
352 Turnpike Road
Southborough, MA 01772
7
Planned Commercial District/Site Plan Review Special Permit-Map 27,Parcels 16 through 26
Walgreens Pharmacy& Retail Building
November 15,2005
Scale: l"=30'
Date: September 13, 2005, Revised November 7, 2005
Sheets: 1 through 11
Reports Titled: Drainage/Stormwater Management Report
Proposed Walgreen's/Retail Store
North Andover,Massachusetts
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton, Massachusetts 02461
Prepared By: Bohler Engineering
352 Turnpike Road
Southborough,MA 01772
Date: August 5, 2005
Reports Titled: Traffic Impact and Access Study
Proposed Walgreen's Pharmacy
North Andover,Massachusetts
Prepared For: Mark Investments, Inc.
54 Jaconnet Street
Suite 203
Newton, Massachusetts 02461
Prepared By: Vanassee&Associates
Transportation Engineers and Planners
10 New England Business Center Drive, Suite 314
Andover, MA 01810
Date: August 2005
Elevations: North Andover Massachusetts Proposed Retail Stores
Prepared By: Edwards and Kelcey
Architects and Engineers
343 Congress Street, Suite 2100
Boston, MA 02210
Date: October 13,2005
Sheets: ALL,A1.2
8
RC E"
TENNI FE�K'5 OFFICE
TO: Town of North Andover 2805-OCT CT -7 AM 10 17
Planning Department
400 Osgood Street TOWN OF
North Andover, MA 01845 RTH ANDOVER
SACHUSE- ,w
phone: (978)688-9535
fax: (978)688-9542
Please be advised that I wish to withdraw my application from the Planning Board for
property located at:
STREET /
TOWN: ®' rW {e IRA 0 17 4(,-<
NAME OF PETITIONER:
SIGNED: , P 'S �
Petit' or petitioner's represedative
ARD: .o G t{ '� �t-�°C;, "
PLANNING f• �
(Planning Board or Plainling Board Agent)
I
By my above signature,I hereby agree to the fo�,,olllo_,_wing:
1. That the vote is with or rthout 'udice.
2. That future submittals wiff require a newr application.
3. That any new application will require a complete filing with applicable
fees under the current regulations.
Please note: Failure to submit information requested by the Board will result in the
applicants' application to be withdrawn from the agenda. Time requirements for
submittal of information is no later than noon on the Thursday prior to the by-weekly
Planning Board meeting.
n*withdmw
10 New England Business Center Drive
Transportation Engineers&Planners Suite 314
Andover, MA 01810-1066
IAI Office 978-474-8800
Fax 978-688-6508
TRANSMITTAL LETITR
To: Town Clerk Date: August 5,2005
Town of North Andover Project No.: 4480
120 Main Street Re: Proposed Walgreens
North Andov4r, MA 01845 North Andover,MA
From: Scott Hall via Hand Delivery
On behalf of Mark Investment Inc., Vanasse and Associates is pleased to submit the Traffic Impact and Access
Study as part of a Special j Application Permit for a proposed retail center including a Walgreens Pharmacy on
Waverly Road and Route 11,14 in North Andover,MA.
Please do not hesitate to call with any questions.
cc: RDV, FGH, SPK,File
i
I
i
352 Turnpike Road
BOI LER Southborough, MA
01772
508.480.9900.9900
EN(" INEERING P.c. 50bohle 9080 fax
�¢ , maC3bohlereng.com
August 5, 2005
i
North Andover Planning Board 4
c/o Town Clerk
120 Main StreetCD
North Andover, MA 01845 �"1\
Re: Site Plan Special Permit Application Filing "
Planned Commercial Development
Intersection of Waverley Road and Salem Turnpike
Dear Members of the Board:
On behalf of Mark Investments,Inc.,we are filing herewith an application for Site Plan Special Permit
for a Planned Commercial Development. The filing is being made pursuant to Section 15.4.1 and 10.3 of
the North Andover Zoning Bylaws.
Attached you will find the following:
• 10 copies of the site plan entitled Site Development Plans for Walgreens dated August 4, 2005;
• 10 copies of a drainage report for proposed retail and Walgreen's pharmacy dated August 4,
2005;
• 3 applicatigns for Site Plan Special Permit;
• 2 filing fee(checks—one in the amount of$3,000.00 for the peer review,one in the amount of
$2,334.35 as determined below: $100.00 for Site Plan Special Permit Application, $400.00 for
Site Plan Review, plus 7 cents per gross square foot area proposed: 26,205 square feet x 07=
$1,834.35. (Total filing fee submitted: $5,334.35.
We look forward to discussing the proposal with the Planning Board at its upcoming meeting. If the
Board has any questions or requires any additional information,please do not hesitate contacting us.
Thank you for your!time and consideration.
Sincerely,
OHLER ENGINEERING,P.C.
iJames A. Bernardi o, P.I,.
W041029
Ltr Town-080505.doc
Other Office Locations:
■Watchung, NJ ■Chalfont, PA ■Melville, NY ■Sterling,VA ■Towson, MD ■Albany,NY
908.668.8300 215;393.8300 516.872.2000 703.709.9500 410.821.7900 518.438.9900
CIVIL&CONSULTING ENGINEERS ■SURVEYORS ■TIAFFIC CONSULTANTS ■ENVIRONMENTAL & GEOTECHNICAL ENGINEERS
www.bohlereng.com
Soy Seetiort ;3 of thets�h i�rrdoernrn ByEai €Qr rnri�*�d? tidatori
Town of North Andover P}annin Board
Please type or print clearly:
1. Petitioner: Mark Investment, Inc. , Robert Korff, President
Address: 54 Jaconnet Street, Suite 203, Newton, MA 02461
Telephone Number: (617) 332-8140
2. Owners of the Land: SEE ATTACHED LIST marked EXHIBIT A
Address:
Telephone Number:
Number of years ownership:
If applicant is not the owner,please state interest in property: Applicant
has 'Purchase and Sale Agreement for all 10 lots an a� u o i-
to execute application and present request.
3. Request for a Special Permit under Section 18:gg3'1 'af the North Andover
Zoning BylawKK The proposed project is located at the intersection of
Turnpike Street (Rt.114) and Waver I y Roact in o e project
consists of the construction of two contiguous ccmercia uiZdings,
Building 1 containing approximately 14,620 square reet + and-Building 2
containing approximately 11 ,345 square teet +.
Property located at intersection of Turnpike St. (Rt.114)
4. Location of Property: and Waverly Road
Zoning District: Planned commercial development district--, -95H—. 1 5 of NA
Assessors: Map: Lot# zoninTBylaws
Registry of Deeds: Book#: SEE ATTACHED Page#
EXHIBIT A
5. Existing Lot:
Lot Area(Sq.Ft): 192,548 SF Building Height: N/A
Street Frontage; 1170.0$ Side Setbacks: N/A
Font Setback: N/A Rear Setback:
Floor Area Ration: N/A Lot Coverage: N7A
6. Proposed Lot(if applicable):
J
Lot Area(Sq.Ft.): 192,548 SF Building Height: 34'-9"
Street Frontage: 1170.08 FT Side Setback: 50.5
Front Setback: 101 Rear Setback: NIA
Floor
Floor Area Ratio: 14:1 Lot Coverage: � 3.b%
r
7. Required Lot(as required by Zoning Bylaw);
Lot Area (Sq.Ft.): 1:50,000 SF Building Height: 35'
Street Frontage: 300' Side Setback: 50'
Front Setback: 100' Rear Setback: 50'
Floor Area Ratio: 75:1 Lot Coverage: 25% (structures)
8. Existing Building(if applicable):
Ground Floor(Sq.Ft.) N/A #of Floors N/A
Total Sq.Ft.; Height:
Use: Residence to be removed. Type of Construction:
9. Proposed Building:
26 205 SF #of Floors 1
Ground Floor(Sq.Ft.) ►
Total Sq.Ft.; 26,205 SF Height: 34' - 9"
Use: Commercial - Retail Type of Construction: New
10. Has there been a previous application for a Special Pern..t from the Plann:ng
Board on these premises? No If so,when and for what type of
construction?
11. 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. Failureto
comply with application requirements,as cited herein and in the Planning
Board Rules and Regulations may result in a dismissal by the Planning
Board of this application as incomplete.
Petitioner's Signature: 44a
Print or type name here: Mark Investment, Inc.-, Robert Korff, President
Owner's Signature: /`''6y , //!
�&
Print or type name here: Mark Investment, Inc., Robert Korff, President
per authority granted in Purchase & Sale Agreement
dated March 29, 2005
EXHIBIT A
Street Addlress Assessor Info. Owner Deed Reference
47 Salem Turnpike Map27,Lot 21 Howard Wilkins 8t BK. 6995, PG.231
Rebecca Montagne
Wilkins
41 Salem Turnpike Mae 27,Lot 20 Alicia Lugo BK.6984,PG. 116
35 Salem Turnpike Map 27,Lot 19 Randall D.&Monica BK.3384,PG. 176
P.Hunter
29 Salem Turnpike Ma 27,Lot 18 William J. Shannon BK. 5152,PG. 172
21 Salem Turnpike Map 27,Lot 17 Heather A.Root BK.5132,PG.338
768 Waverley Road Map 27,Lot 16 Rector&Joan Rivera BK.3037,PG.49
782 Waverley Road Map 27,Lot 23 John A.Martin,Jr.& BK.3899,PG.275
Sandra J.Harniach
792 Waverley Road Map 27,Lot 24 William F.&Julie BK. 5431,PG. 195
Fedele Macdonald
802 Waverley Road Map 27, Lot 25 George H.&Marie E. BK.928,PG.396
Parma
814 Waverley Road Map 27,Lot 26 Dante L.&Robert L. BK.3374,PG.300
Stabile
FISCAL IMPACT AND COMMUNITY IMPACT SUMMARY
The proposed project is located at the intersection of Turnpike Street(Rt. 114) and
Waverly Road in North Andover. The project consists of the construction of two
contiguous commercial buildings, Building l containing approximately 14,820 square
feet+ and Building 2 containing approximately 11,385 square feet+ . All utilities are in
the roads adjacent to the site. All site work,utilities on site and maintenance will be the
costs of the owners. There will no school children generated by this project and the
commercial tax rate of North Andover will generate significant positive cash flow to the
Town.
The project is consistent with the adjacent development on Route 114 presently
under construction and the only community impact of any significance will be the traffic
impact on Waverly Road and Route 114. Said traffic impact is the subject of a detailed
analysis contained in the Traffic Analysis Report attached to this application.
352 Turnpike Road
BOLER Southborough, MA 01772
508.480.9900
ENGINEERING P.c. 50 bohle 9080 fax
maC�bohlereng.com
August 5, 2005
Town of North Andover
c/o Town Clerk'
120 Main Street
North Andover,:MA
RE: Proposed Retail Development
Mark Investments,Inc.
Written'Documentation to Accompany a Site Plan Special Permit Application
Intersection of Waverley Road and Salem Turnpike
North Andover, MA
Dear Members of the Board:
The below information is provided in accordance with the Planned Development District Special
Permit requiremjents to address the eleven topics identified therein.
1. Encouraging the most appropriate use of land. The Project site has recently been re-zoned
from residential to a Planned Development District. This re-zone encourages the proposal of
commercial development. During the project's preliminary meeting with the Planning Board,
it was stated that the proposed development was consistent with the intent of the rezoning.
2. Preventing overcrowding of land. The development will not propose any new residence
within the town of North Andover. In fact,removal of 10 residential homes will take place as
a result Of this proposal;therefore the project assists in reducing the density of the population.
Further,i the development complies fully with the zone's dimensional regulations and is a
logical extension of the existing commercial area.
3. Conserving the value of land and buildings. The proposed development will eliminate a
number'of existing residential lots. The proposal will be consistent with the surrounding land
uses which are commercial in nature. Further,the development is anchored by a top national
retailer which typically strengthens commercial markets.
4. Lessening congestion of traffic. A traffic evaluation has been submitted with the Special
Permit Application. The traffic assessment addresses all relative issues.
5. Preventing undo concentration of population.The proposal calls for the removal of ten
residential properties resulting in a reduction of the population density.
6. Providing adequate light and air. A Lighting Plan has been submitted along with the Site
Plan Application. The Lighting Plan displays appropriate lighting to allow safe pedestrian and
vehicle(maneuvering onto,off,and within the site. There are no proposed uses that will result
in a negative impact to air quality in the surrounding areas.
Other Office Locations:
■Watchung, NJ ■Chalfont, PA ■Melville, NY ■Sterling,VA ■Towson, MD ■Albany, NY
908.668.8300 215.$93.8300 516.872.2000 703.709.9500 410.821.7900 518.438.9900
CIVIL&CONSULTING ENGINEERS ■SURVEYORS ■TRAFFIC CONSULTANTS ■ENVIRONMENTAL & GEOTECHNICAL ENGINEERS
www.bohlereng.com
BOHL R
ENGI EERING, P.C.
7. Reducing the hazard from fire and other danger. The Site Plan has been developed to
provide adequate access for fire protection and emergency vehicles to and around the proposed
site. Also,it is anticipated that the proposed buildings will include fire suppression systems
that wiI I lmeet or exceed State and Federal regulations.
8. Assistin in the economical provisions of transportation,water,sewerage,schools,parks,
and oth I public facilities. A number of residences will be removed as a result of this project.
It is anticipated that the retail use will reduce the current demand of the above-mentioned
services and will generate higher tax revenue for the Town.
9. Controlling the use of bodies of water including water courses. A detailed drainage
collection,treatment,and detention facility has been designed for the proposed development.
This system will assist in the protection of the existing water bodies and water courses located
within the vicinity of the proposed development. A drainage report detailing the site's storm
water characteristics accompanies this application.
10. Reducing the probability of losses resulting from floods. The development has been
designed to collect,treat,and detain storm water runoff. This system has been designed such
that no increase in peak rate of flow is proposed off of the development site. This will assist in
providing protection from any loss resulting from floods. A drainage report detailing the site's
storm writer characteristics accompanies this application.
11. Reserving and increasing the amenities of the Town. Introduction of the Walgreens
Pharmacy will provide a first class shopping and pharmaceutical establishment. The addition
of the second retail building will enhance the shopper's experience and increase the likelihood
that shoppers can fulfill their needs at a single destination.
We look forward to discussing the proposal with the Planning Board at its upcoming meeting. If the
Board has any questions or requires any additional information,please do not hesitate contacting us.
Thank you for your time and consideration.
Sincerely,
4BIOXHULER ENGINEERING,P.C.
es A.Bernardino,P.E.
i
W041029
'.. PB written documentation IV 08-05-05.doc
CIVIL&CONSULTING ENGINEERS ■SURVEYORS ■TRAFFIC CONSULTANTS ■ENVIRONMENTAL & GEOTECHNICAL ENGINEERS
08/03/2005 23:57 FAX 978 794 9628 LAW OFFICES 121 002
Abutter to Abutter( ) Building Dept. ( J Conservation
( ) Zoning { )
Town of North Andover
Abutters t_Ystina
REQt11REM1:NT: MGL 40A,Section 11 Rates In Pan!'PaA es In lntomst as used In this draptor shah mean the petitioner,
abutters,owners of land ditdly oppoel"any public or private way,and abutters to abuhene whin
three hundred(300)(eel of the pmpwv pre 01 the Petitioner as they appmron the most rooant applicable
tax 1181,not with;standing Nat the land of any-,arch owner Is located In another City or town,the planning
bOard of the clty or town.and the plaoeing board of every abutllnp Wry or town,"
Sublect Property:
MAP PARCEL Name Address
27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845
AkwHers Pronertte4
Map Panel
lts't@8 sa
27 1 Waverly Road Trust 432 Winthrop Avenue North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01845
27 18 Wllilam Shannon 9 Ridge Street North Andover,MA CIU45
27 19 Rendall Hunter 35 Turnpike Street North Andover,MA 01845
27 20 Alicia Lugo 41 Tumplke Street North Andover,MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 William Macdonald- 792 Wavetiey Road North Andover,MA 01845
27 35-0725.0 Elaine Rotolo 725 Waverley Road North Andover,MA 01845
27 35-0727.0 John Amhrey 727 Waverley Road North Andover,MA 01845
23 12 Donna&Dennis Deschamps 203 Cotuit Street North Andover,MA 01845
23 40 Barbara Hilton 742 Waverley Road North Andover,MA 01845
23 41 Kenneth Corrao 738 Waverlay Road North Andover,MA 01845
23 20 Charlotte Mete 174 Cotuit Street North Andover,MA 01845
23 22 Matthew Leseoia 184 Cotult Street North Andover,MA 01845
23 23 David Weldrep 196 Cotult Street North Andover,MA 01845
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845
23 25 Mary Northam 196 Waverley Road North Andover,MA 01845
23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845
23 27 Frederick Hsrrl3 20 Turnpike Street North Andover,MA 01545
23 28 Mary Reardon cJo TNA 12o Again Street North Andover,MA 01845
23 29 Malkalt Gill 32 Turnpike Street North Andover,MA 01845
23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01545
23 39 John Reynolds 28 Tumpike Street North Andover,MA 01845
Date 7/29/2005
Page 1 of 1
This certifies that the names appearing on the
records of the ASSeSS0rs Office its of
.r rM ! lad
Certified Date .9 ;For
08/03/2005 23:57 FAX 978 794 9628 LAW OFFICES 1?j003
Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( �
Town of North Andover
Abutters Listing
REQUIREMEM. MGL 40A,Section"states states in pad Tattler.In Interestpe Used In this chaptor sWI mean the petitioner,
abvttsn3,owners of land dlrecay oppoeheon any public or private way,and tttwttars to abutters wl9tfn
three hundred(3001 feet of the property Ane of the petitioner a9 they appear on the most recent applicable
tax list,notiwitrtatandlna that the land of any such owner la located to another airy or town,the ptQnnino
bosh of thk city or town,and the planning board of every abuttIna dry or town.'
Sublect PmI2
M6-- FARCES Name A4
27 17 Heather Root 21 Turnpike Streat North Antlover,MA 01845
Amt's Pronertles
Mev Nama Eiddress
27 1 1 Waverly Road Trust 432 Winthrop Avenue North Andover,MA 0184$
27 16 Hector Rivera 768 Waverley Road North Andover,MA 01845
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845
27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845
27 23 John Martin 792 Waverley Road North Andover,MA 0184$
27 24 William MacDonald 792 Waverley Road North Andover,MA 01845
27 25 George Perron 802 Wavelsy Road North Andover,MA 01845
27 35-0725.0 EI31ne Rotolo 725 Waverley Road North Andover,MA 01845
27 3S-0727,o John Amhrey 727 Waverley Road North Andover,MA 01845
23 12 Donna&Dennis Deschamps 203 Cotult Street North Andover,MA 01845
23 40 Barbara Hilton 742 Waverley Road North Andover,MA 01845
23 20 Charlotte Mele 174 Cotult Street North Andover,MA 01845
23 22 Matthew Lascola 184 Cotult Street North Andover,MA 01845
23 23 David Waldrop 196 Cotult Street North Andover,MA 01645
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845
23 25 Mary Northam 196 Waverley Road North Andover,MA 01845
23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845
23 27 Frederick Harris 20 Tumpike Street North Andover,MA 01845
23 28 Mary Reardon cJo TNA 120 Main Street North Andover,MA 01845
23 29 Malkalt Gill 32 Turnpike Street North Andover,MA 01845
23 30 Christina Bianco 38 Tumplke Street North Andover,MA 01845
23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845
23 39 John Reynolds 28 Turnpike Street North Andover,MA 01845
Date 7/29/2006
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
JIM"&*.IV i, roe l
Certified 67 Date 47-1
08/03/2005 23:57 FAX 978 794 9628 LAW OFFICES 2004
t •
Abutter to Abutter( J Sulid/ng Dept. ( J Conservation ( ) Zoning ( )
Town of North Andover
Abutters Eistingi
BEQVIREMI:N MGL 40A,Secllon 11 stases In pen'Parlies Ih Interest as usad In this chapter Man mean me paatlonor,
e0uttera,owners of land directly oppoelteon any public or private way,and piwnere to abutters wtlllln
throo hundred(300)feet of the property line of the peliaonef as uley appmr on tht most recent apti leable '
tax list,n0 wlthstendlno that the Lind of any such owner Is Mated to another city or town,the piantNng
board of the city or town,and the planning boast of ovary abutting dry or town'
Suble4t Proeerty:
MAP PARCEL Name Address
27 18 W illlam Shannon 9 Rldge Street North Andover,MA 01845
Abutters Pronerdes
leiasst Nam Address
27 16 Hector Rivera 768 W avedey Road North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01845
27 19 Randall Hunter $5 Turnpike Street North Andover,MA 01845
27 20 Alicia Lugo 41 Tumpike Street North Andover,MA 01846
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845
27 22 Lawrence Eagle Tribune $7 Tumplke Street North Andover,MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 William MacDonald 792 Waverley Road North Andover,MA 01845
27 25 George Perron 802 Waveley Road North Andover,MA 01846
27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845
24 15 Northmark Bank 89 Tumpike Street North Andover,MA 01845
24 16 Lawrence Eagle Tribune 100 Turnpike Street North Andover,MA 01845
23 19 Louls Spinelli 154 Cotuit Street North Andover,MA 01645
23 20 Charlotte Mete 174 Cotult Street North Andover,MA 01845
23 22 Matthew Lasoola 184 Cotuit Street North Andover,MA 01845
23 23 David Waldrep ige cotuh Street North Andover,MA 01846
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845
23 25 Mary Northam 196 Wavaday Road North Andover,MA 01845
23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845
23 27 Frederick Harris 20 Tumplke Street North Andover,MA 01846
23 28 Mary Reardon Uo TNA 120 Main Street North Andover,MA 0184S
23 29 Malkalt Gill 32 Tumpike Street North Andover,MA 01845
23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845
23 32 Robert Kouns 43 Tumplke Street North Andover,MA 01846
23 39 John Reynolds 28 Tumplke Street North Andover,MA 01845
23 34 Bryan Ricketson 56 Tumpike Street North Andover,MA 01845
Date 7/29/2005
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
Certified Date °,
08/03/2005 23:58 FAX 978 794 9628 LAW OFFICES 0 005
Abutter to Abutter( J evlld0gDePt ( ) Conservation ( j Zoning ( J
Town of North Andover
Abutters Listing
RE EM: MGL 40A,Section 11 states In W"Parflos In Interest as used In tNa choptoroail mean the petitioner,
abutters,DWners of land dirocty oppoeiteon any publIc or prwate Way,and abuttem to a0uttere within
three hundmo 1300)feet of the property line of the petitioner as thoy appear on the most rocont applicable
tax 1181,not*vtu,ytanMng that the land of any such owner Is located M another city or town,the planning
Ooard of the city or town,and the Obnning board or everysbutanp city ortavm,•
Subject Proper
M6�' PARCEL Parr Add�sS
27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845
Abutters Prope�tisS
MW Parcel eine Andreas
27 16 Hector Rivera 788 Waverley Road North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01845
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01645
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845
27 22 Lawrence Eagle Tribune 57 Tumpike Street. North Andover,MA 01545
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 William MacDonald 792 Waverley Road North Andover,MA 01845
27 2S George Perron 802 Weveley Road North Andover,MA 01845
27 26 Dante Stabile 814 Waverley Road Noah Andover,MA 01845
24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845
24 16 Lawrence Eagle Tribune 100 Turnpike Street North Andover,MA 01845
23 19 Louis Spinelli 154 Cotuit Street North Andover,MA 01845
23 20 Charlotte Mele 174 Gotult Street North Andover,MA 01845
23 22 Matthew Lascola 184 Colult Street North Andover,MA 01845
23 23 David Waldrep 196 cotuit Street North Andover,MA 01545
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01845
23 85-0018 Robert Trull! 18 Enfleld Street North Andover,MA 01845
2$ 66-0020 Nicholas G(ammarino 20 EnAeld Street North Andover,MA 01845
23 25 Walter Birch 8 Turnpike Street North Andover,MA 01845
23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845
23 28 Mary Reardon clo TNA 120 Main Street North Andover,MA 01545
23 29 Malkalt GIH 32 Turnpike Street North Andover,MA 01845
23 30 Christina Blanco 38 Turnpike Street North Andover,MA 01845
23 32 Robert Kouna 48 Turnpike Street North Andover,MA 01845
23 39 John Reynolds 26 Turnpike Street North Andover,MA 01845
23 34 Bryan Ricketson 56 Turnpike Street North Andover,MA 01845
Dere 7/29/2005
Page 1 Or 1
This certifies that the names appearing on the
records of the Assessors fOffice as of
Jas•."
Cert
•f lea
to e
ted
08/03/2005 23:58 FAX 978 794 9628 LAW OFFICES 2006
Abutter to Abutter( ) Sullding Dept. ( } Conservation ( ) zoning ( )
Town of North Andover
Abutters patina v,
REQUIREMENT. MOI,413A,Sectian t 1 sbtas in part"Parties In Interest as used in"a chapter emu mean the petlgoner,
abutters,owners of land directly opposltebn any publle or Private way,and abutters to abutters within
three hundray(900)feel of the property hna of me petitioner as they appear on the most recent sppscabta
tax list,not withstanding that the land of arty amh owner IS located M anotherdty or town,the planning
board of the city or town,and the pianninp board of every abutting City or town."
Sub/ecr Prwcdy.
M,�P— PARCEL Name Address
27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01846
Abutters ProPertles
Map e+ @1 NAM Afore
27 18 Hector Rivera 768 Waverley Road North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01846
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 18 Randall Hunter 35 Tumpike Street North Andover,MA 01845
27 21 Howard Wilkens 47 Tumpike Street North Andover,MA 01845
27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01846
27 24 William MacDonald 792 Waverley Road North Andover,MA 01845
27 25 George Perron 802 Waveley Robd North Andover,MA 01845
27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845
24 15 Northmark Bank 69 Turnpike Street North Andover,MA 01845
24 is Lawrence Eagle Tribune 100 Tumpike Street North Andover,MA 01845
23 19 Louis Spinelli 154 Cotuit Street North Andover,MA 01845
23 20 Charlotte Mete 174 Cotult Street North Andover,MA 01845
23 22 Matthew Lascola 184 Cotuit Street North Andover,MA 01845
23 31 Graydon McCormick 72 Tumpike Street North Andover,MA 01845
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01846
23 85-0018 Robert Trulil 18 Enfield Street North Andover,MA 01845
23 86-0020 N(cholas Glammarino 20 Enfield Street North Andover,MA 01845
23 35 Patricia Ferris 88 Tumpike Street North Andover,MA 01845
23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01846
23 28 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845
23 29 Melkalt Gill 32 Tumpike Street North Andover,MA 01845
23 30 Christina Bianco 38 Turnpike Street North Andover,MA 01845
23 32 Robert Kouns 48 Tumpike Street North Andover,MA 01845
23 39 John Reynolds 28 Tumpike Street North Andover,MA 01845
23 34 Bryan Ricketson 56 Tumpike Street North Andover,MA 01845
Date 7/29/2005
This certifies that the names appearing on the Pass 1 ar
records of the ASSeSSOrS Office 815 of
Certified by Date �" e
08/03/2005 23:58 FAX 978 794 9628 LAW OFFICES 007
Abutter to Abutter( ) 80din p Dept. ( ) Conservai/on ( ) Zoning ( )
Town of North Andover
Abutters Ustinitt
REQUIREfLlENi MGL 40A,Section 11 states in pan•pules in Interact as used In thi oheplsr shall mean the potl4aner,
abuilerc,gwnnrs of land dtreeay oppositgon any public or private way.and abutters to abutters wNhln
three hun4red(300)foot Ofthe property line of the 1394110neres they appear on the most recent applicable
W pat,not wtlhatanding that the land of any such owner Is located in another city or town,the planning
board of the city or town,and the planning boBid of every abutting my or towh,'
subject Property:
MAP PARCEL &= rias
27 21 Howard Wllkens 47 Turnpike Street North Andover,MA 01845
Abutters Pronertres
MAR Parcel Name Address
27 t 7 Heather Root 21 Tumpike Skeet North Andover,MA 01845
27 18 William Shannon 9 Ridge Street North Andover MA 01645
27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01848
27 20 Alicia Lugo 41 Tumpike Street North Andover,MA 01845
27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 W(Illam MacDonald 792 Waverley Road North Andover,MA 01845
27 26 George Perron 802 Waveley Road Nodh Andover,MA 01845
27 28 Dante Stabile 814 Waveday Road North Andover,MA 01846
24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01846
24 16 Lawrence Eagle Tribune 100 Tumpike Street North Andover,MA 01845
23 19 Louie SDlnelll 154 Cotult Street North Andover,MA 01846
23 20 Charlotte Male 174 Cotuit Street North Andover,MA 01845
23 22 Matthew Lascols 184 Cotuit Street North Andover,MA 01845
23 31 Graydon McCormick 72 Tumpike Street North Andover,MA 01845
23 24 Gary Leger 20 Tumpike Street Noah Andover,MA 01US
23 85-0018 Robert Trulli 18 Enfield Street North Andover,MA 01645
23 854020 Nicholas Giammarino 20 Enfield Street North Andover,MA 01845
23 35 Pafrlcla Ferris 86 Turnpike Street North Andover,MA 01W
23 54 Patricia Ferris Be Tumpike Street North Andover,MA 01845
23 28 Mary Reardon ofo TNA 120 Main Street North Andover,MA 01845
23 29 Malkait Gill 32 Tumpike Street North Andover,MA 01845
23 30 Chhstlna Bianco 38 Tumpike Street North Andover,MA 01845
23 32 Robert Kouns 48 Tumpike Street Noah Andover,MA 01845
23 39 John Reynolds 28 Tumpike Street North Andover,MA 01845
23 34 Bryan Ricketson 56 Tumplke Street North Andover,MA 01545
Date 7/29/2006
This certifies that the narnes appearing on the Page 1 of 1
records of the Assessors O ice as of
a
Certified b Date i of
08/08/2005 28:58 FAX 978 794 9628 LAW OFFICES 008
Abutter to abutter l 1 Building Dept ( ) Conservation f ) Zon/ng
Town of North Andover
Abutters Listin
REQUIREMENT' MGL 40A,$action 11 states in part'Parees In intorost as ttsao In tMa ChaQter nh2l moan Lha petitioner,
abvners,owners of land directly oppoetteon any pubik or pdvatp way,and abutters to abutters within
three hundred(300)feet of the prOPWY line of the petalOner as'hay appear on the most recent 2pp8oblo
tax fist,not witnatanding that the Land of any such owner Is located in another city or town,the planning
board of the chy or town,and the planning board of Ovary abutting qty of town."
Subject Property:
�', PARCEL N_ arae Address
27 23 John Martin 782 Waverley Road North Andover.MA 01645
Abutters Properties
Man e=01s
27 16 HeAddnrs
Riyera 768 Waverley Road North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01845
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845
27 20 Alicia Lugo 41 Turnpike Sweet North Andover;MA 01845
27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01846
27 24 William MacDotaM 792 Waverley Road North Andover,MA 01845
27 25 George Perron 802 Waveley Road North Andover,MA 04845
27 26 Dante Stabile 814 Waverley Road North Andover,MA 01845
24 16 Lawrence Eagle Tribune 100 Turnpike Street North Andover,MA 01845
23 22 Matthew Laaaole 184 Cotuit Street North Andover,MA 01845
23 23 David Waldrop 196 Cotuit Street North Andover,MA 01846
23 24 Gary Leger 20 Turnpike Street North Andover,MA 01846
23 25 Mary Northam 196 Weverfey Road North Andover,MA 01845
23 26 Walter Birch 8 Turnpike Street North Andover,MA 01845
23 27 Fmdorick Harris 20 Turnpike Street North Andover,MA 01845
23 28 Mary Reardon Uo TNA 120 Main Street North Andover,MA 01845
23 29 Malkeit Gill 32 Turnpike Street North Andover,MA 01848
23 3o Christine Bianco 38 Turnpike Street North Andover,MA 01845
23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845
2$ 39 John Reynolds 28 Turnpike Street North Andover,MA 01845
Date 7/29!2005 _
Page 1 of 1
This certifies that the names appearing on the
records of the Assessors Office as of
jai.&rs..4- �r
Certified b '
Date � °�/
08/03/2005 23:58 FAX 978 794 9628 LAW OFFICES Z009
Abutter to Abutter( ) SulldlrIP Dept. ( ) Conservation ( } zoning ( )
Town of North Andover
Abutterslistina
R ENT.• MGL,40A,Section 11$tate$In part•Parttas In Interest as used In this chapter shall moan the petttioner,
obuttbn:,owners of lend dlrecty OpbbeNeon mty public or private way,and abultem to obutlam wtsitn
Mete hundred(100)foot of the property Ane of the petiaoner ae they appoW on Me(poet recent applimbla
tax net,not wtbAtanding that trio Land of any Such owner is located in another city or town,die plannlno
board of the Gty ar town,and the planning board of every abutting city or town.'
Subject PropertVt
PARCEL Vilim Address
27 24 WilliaM MacDonald 792 Waverley Road North Andover,MA 01845
Abutfprs Properties
Map Name Address
27 18 Hector Rivera 788 Waverley Road North Andover,MA 01845
27 17 Heather Root 21 Turnpike Street North Andover,MA 01845
27 19 William Shannon 9 Ridge Street North Andover,MA 01645
27 18 Randall Hunter $5 Turnpike Street North Andover,MA 01946
27 20 Allcla Lugo 41 Turnpike Street North Andover,MA 09845
27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01945
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 26 George Perron 802 Waveley Road North Andover,MA 01845
27 28 Dante Stabile 914 Waverley Road North Andover,MA 01546
24 16 Lawrence Eagle Tribune 100 Turnpike Street North Andover,MA 01845
23 27 Frederick Harris 20 Turnpike Street North Andover,MA 01845
W 26 Mary Reardon c/o TNA 120 Main Street North Andover,MA 01845
23 m Malkait Gill 32 Turnpike Street North Andover,MA 01945
23 30 Christina Bianca 38 Turnpike Street North Andover,MA 01845
23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845
23 39 John Reynolds 28 Turnpike Street North Andover,MA 01846
Date 7/29/2005
Page
This certifies that the names appearing on the
records of the ASSessons Office as of
J.�w.r / loOJ
a
Certified by: Date o�/
08/03/2005 23:58 FAX 978 794 9628 LAN OFFICES 10010
Abutter to Abutter( ) Suffdfngr Dept. ( ) Conservation ( ) Zoning ( )
Town of North Andover
Abutters Listing
REQUIREMENT: MGL40A,Section 11 slater In part"Paruw in Interest as used In this chapter shall mean the petkloner,
abutter,ownerg of land directly 00061teon any public or private way,and abutters to abutters within
three hundred(300)feet of Ne property line of the pelitioneras ex yappar on me most recent awicable
tax list,not withctanding that the lend of any such owner Is located In anothor city or tewn,the planning
boarPof the city ar town,and the planning eeerp of every abutting sky er town."
Subfecr Properttr
MA 27 26 PARCEL A
George Perron 802W eley Road North Andover MA 01846
Abutters Prmperties
Map Parcel Name
27 16 Hector Rivera 785 Waverley Road North Andover,MA 01845
27 17 1 Heather Root 21 Turnpike Street North Andover,MA 01845
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 19 Randall Hunter 35 Tumplke Street North Andover,MA 01846
27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01846
27 22 Lawrence Eagle Tribune 57 Turnpike Street North Andover,MA 01845
27 21 Howard Wilkens 47 Tumplke Street North Andover,MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 William MacDonald 792 Waverley Road North Andover,MA 01845
27 26 Dante Stabile 614 Waverley Road North Andover,MA 01845
24 16 Lawrence Eagle Tribune 100 Tumpike Street North Andover,MA 01845
23 30 Christina Bianco 38 Turnpike Street North Andover.MA 01845
23 32 Robert Kouns 48 Turnpike Street North Andover,MA 01845
Date 7/29/2005
Page 1 of 1
This certifies that the name5 appearing on the
records of the ASSeSSQrS office as of
ate
Certified by:
D 8
08/03/2005 23;58 FAX 978 794 9628 LAW OFFICES 011
Abutter to Abutter( ) Bundlno Dept. ( ) Commotion ( Zoning {
Town of Nath Andover
Abutters Listing,
REQUIREMENT: MGL 40A,,Section 11 states In part'Partlea in Interest as used In this Chapter shall mean the petNaner,
3buttars,owners of land o eetly opporatson anY pubtle of private way,an4 abutteta to abutters within
three hundired(300)feet of the property line of the petfifoner 28 they appoaron the most recent applicable
taK list,not withsOnding mat the land of any ouch owner Is located in another dry or town,Ine planning
board of the CITY or town,and the plenr to board of every abutting City or town."
Subleer Prooer
V-—PPARCEL NamB ddreas
27 26 Dante Stabile 614 Waverley Road North Andover,MA 01845
A.tZufters EMRres
Mao eacce/ ame Address
27 18 William Shannon 9 Ridge Street North Andover,MA 01845
27 19 Randall Hunter 35 Turnpike Street North Andover,MA 01845
27 20 Alicia Lugo 41 Turnpike Street North Andover,MA 01845
27 22 Lawrence Eagle Tdbune 57 Turnpike Street North Andover,MA 01645
27 21 Howard Wilkens 47 Turnpike Street North Andover,MA 01845
27 23 John Martin 782 Waverley Road North Andover,MA 01845
27 24 William MacDonald 792 Waverley Road North Andover,MA 01645
27 25 George Perron 802 Weveley Road North Andover,MA 01645
24 15 Northmark Bank 89 Turnpike Street North Andover,MA 01845
24 16 Lawrence Eagle Tribune 100 Turnpike Street North Andover,MA 01845
Date 7129=05
9 _^
This certifies that the names appearing on the Pageof 1
records 14'.oft
the Assessors Office as of
.c /� vvcs�—
Certified by: _„_Date g } ��/
PURCHASE AND SALE AGREEMENT
PURCHASE AND SALE AGREEMENT ("Agreement") dated effective as of the
Effective Date, as defined below, is by and between Mark Investment, Inc., a
Massachusetts corporation ("Buyer") .and each of the individuals.or entities listed on
Exhibit A-1 (collectively the "Seller" which term shall refer to an individual Seller or
collectively to all of the Sellers as the context shall require and shall be deemed to include
their respective successors and assigns).
WHEREAS, Seller is the owner of certain real property in North Andover, Essex
coun-ty,Massachusetts, as more particularly described below as the Property; and
WHEREAS, Seller desires to the sell the Property, as defined below, to Buyer,
subject to the terms and conditions in this Agreement; and
WHEREAS, Buyer desires to purchase the Property, subject to the terms and
conditions in this Agreement, from Seller.
NOW THEREFORE, in consideration of the mutual promises, covenants,
_o,yments and undertaltings hereinafter set forth, Seller and Buyer covenant and agree as
SALE OF PROPERTY. Seller agrees to sell to Buyer and Buyer agrees to
purchase from Seller, upon the terms, covenants, and conditions set forth in this
Agreement, the following:
1.1 Ten(10) certain tracts or parcels of land, and the improvements thereon,
located in North Andover,Massachusetts, sometimes known as Assessor's
Map 27, Parcels 16, 17, 18, 19, 20,21, 23, 24,25, and 26, all as more
particularly described on Exhibit A-1 attached hereto and made a part
hereof(collectively, the "Property" or the"Properties" as the context
shall require).
- PURCHASE PRICE: The purchase price("Purchase Price")for the Properties is
The Purchase
Price shall be paid as follows:
2.1 Upon the full execution and delivery of this Agreement,Buyer shall
deposit in escrow with the Escrow Agent, as hereinafter defined, an
earnest money deposit in the amount of
( (the"Deposit"). The Deposit shall be allocated with respect
to each Property as set forth on Exhibit A-2 attached hereto and made a
part hereof. The Deposit and any interest thereon or the allocable portion
thereof shall be refundable only as may be set forth in this Agreement.
The Deposit and any interest thereon shall be a credit towards the Purchase
D
rice at the Closing, as defined below, and at the Closing, it shall be
allocated as set forth on Exhibit A-2. The Deposit shall be held in escrow
Page 2
by Kaitz &Fellm.an, LLP (Buyer's attorney which shall be permitted to
continue to represent Buyer) ("Escrow Agent") in accordance with the
terms of this Agreement.
2.2 The balance of the Purchase Price,plus or minus proration and
adjustments, as provided for herein, shall be paid to Seller at Closing in
cash, either by wire transfer of immediately available funds.or a certified
check made payable to the order of Seller.
3. DUE DILIGENCE:
3.1 Duration. Buyer shall have ninety(90) days from the Effective Date
("Due Diligence Period")to conduct Buyer's due diligence of the Property
including, without limitation, site assessment, survey, environmental site
assessment and geotechnical testing.
3.2 Access. Buyer shall,with, in each instance,reasonable prior notice to the
Seller, have access to the Properties during the Due Diligence Period to
conduct such investigations and studies;provided,however,that all
inspections and studies shall be at the sole cost and expense of Buyer, and
in conducting such investigations and/or studies Buyer shall: (1)not
unreasonably interfere with any Seller's or any tenant's occupancy and use
of the Properties; (2)indemnify, defend and hold Seller harmless from
injury, loss, damage, cost or expense whether foreseen or not arising out of
such investigation and/or studies;and(3)repair all damage and
disturbance to the Properties caused by such investigation and/or study and
restore the Properties following such inspections and testing to the
condition it was in prior thereto,including without limitation filling in all
test pits and leveling any disrupted areas.
3.3 Results of Due Diligence. If Buyer, in its sole discretion,is unsatisfied
with the results of its due diligence,Buyer may elect to terminate this
Agreement by providing written notice of such termination to the Seller on
or before the end of the Due Diligence Period, and upon the giving of such
written notice, the parties shall be relieved from any further obligations to
each other,except that the Buyer shall pay Seller's reasonable legal fees
and expenses,up to the amount of$4,500.00, incurred by Seller in
connection with the transactions contemplated herein, and the entire
Deposit, plus accrued interest, shall be immediately returned to Buyer.
Notwithstanding any implication which may be contained in this
Agreement to the contrary,it is understood and agreed that Buyer may not
terminate this Agreement as to one but not all of the Properties.
PERMIT PERIOD:
4.1 Duration. Buyer shall have twelve(12 months after the expiration of the
Due Diligence Period("Permit Period") to obtain all necessary
Page 3
government licenses and permits required to demolish any or all of the
existing structure(s) on the Properties and to construct a new structure(s)
for use(s) acceptable to Buyer in its sole discretion("Permits"). So long as
this Agreement is in effect, Buyer shall have the right to take any and all
actions, at Buyer's sole cost and expense, which Buyer, in.its sole
discretion, deems necessary or appropriate to enable Buyer to obtain the
Permits including,without limitation,the right to file,in Buyer's name(or,
if required by any governmental agency, in Seller's name as Seller's agent)
and for Buyer`s sole benefit, zoning code approvals,variances,changes or
other appropriate relief, environmental or other related approvals. Each
SPll;er agrees to execute and deliver to Buyer any and all instruments as
Buyer may reasonably request and otherwise to cooperate(at no cost to
Seller) with Buyer in connection with the exercise of its rights pursuant to
this Section 4.
4.2 Extension of Permit Period. If there is a legal appeal filed preventing the
final issuance or effectiveness of any of the Permits, or if Buyer has filed
an appeal relating to the denial of the issuance or the form or, validity of
the Permits,Buyer shall have the right to extend the Permit Period for one
(1)three (3)month period of,provided that Buyer continues to make the
Payments as provided in Section 6 below, and provided that Buyer
provides written notice to Seller,prior to expiration of the Permit Period,
of its exercise of this one(1)time extension period.
4.3 No Permits. If Buyer does not obtain all of the Permits or determines that
the Permits cannot be obtained on terms and conditions, or within time
periods, in each case acceptable to Buyer in its sole discretion,Buyer shall
have the right to terminate this Agreement by providing written notice of
such termination to the Seller on or before the end of the Permit Period, as
the same may be extended, and upon the giving of such written notice,the
parties shall be relieved from any further obligations to each other and the
Deposit, plus accrued interest,but less the Payments released to Seller's
attorney as provided in Section 6 below,shall be immediately returned to
Buyer. Buyer shall be deemed to have obtained the Permits only after all
applic ale appeal periods have expired without the taldng of an appeal
therefrom(or with all appeals having been resolved in favor of the
granting of such permit or approval)to allow Buyer to construct Buyer's
project in compliance with all applicable legal requirements.
S� DEED: TITLE.
5.1 Deed. At the Nosing, as defined below, each Seller shall convey by
quitclaim deed("Deed")to Buyer or its nominee good and marketable title
to the land and improvements of the Property that each owns,free and
clear of all liens, claims and encumbrances, except for Permitted
Encumbrances,as defined below.
Page 4
5.2 Permitted Encumbrances. The "Permitted Encumbrances" are as follows:
5.2.1 provisions of existing building and zoning laws;.
5.2.2 such real estate taxes for the then current tax year as are not due
and payable on the day.of the delivery of the Deed; .
5.2.3 any liens for municipal betterments assessed after the day of the
delivery of the Deed;
and
5.2.4 such other items as may become Permitted Encumbrances as set
forth in Section 5.3 below.
5.3 Title Review. Buyer may, at its sole cost and expense, have title to the
Properties examined. If upon examination of the title Buyer finds any
matter of title which makes such title unacceptable, then Buyer shall notify
Seller in writing, within sixty(60) days of the Effective Date(the "Title
Review Period"), of those matters Buyer finds unacceptable in the record
title to the Properties through the date of such examination(failing which
Buyer shall be deemed to have waived the right to raise objections to title
and those matters to which Buyer does not object, in writing, shall become
Permitted Encumbrances). If before the end of the Title Review Period,
Buyer notifies Seller of any such title objections, Seller shall use
reasonable efforts for sixty(60) days after such notification of objections
in which to cure or remove such title objection(s). If Seller is unable to
cure or remove such title objections to the satisfaction of Buyer within
such sixty(60) calendar-day period, Buyer, at Buyer's option and as
Buyer's sole and exclusive remedy,may,within ten (10) calendar days
after the expiration of such sixty(60) calendar-day period, send written
notice to Seller terminating this Agreement,whereupon the Deposit and
any interest thereon shall be returned to Buyer, and neither party shall have
any further rights or obligations pursuant to this Agreement. The failure of
Buyer to so terminate this Agreement by such written notice shall be
deemed a waiver by Buyer of such uncured objections or defects and
Buyer shall accept such title to the Properties as Seller is able to convey
without offset, reduction or abatement in the Purchase Price(with the
uncured objections or defects becoming additional Permitted Exceptions
hereunder). Notwithstanding.the foregoing,mortgages and.other monetary
liens shall not be deemed to be Permitted Encumbrances and shall be
Seller's obligation to cure. Furthermore,if,between the expiration of the
Title Review Period and the Closing Date, as defined below, an updated
title report shows any new title matters (i.e.,matters not of record as of the
end of the Title Review Period)which are objectionable to Buyer, then
Buyer shall have the right(i)to accept such title as Seller can deliver to the
Property in its then condition and to pay therefore the Purchase Price or
(ii)to give Seller written notice of any such new title matters in which
event the parties shall have the same rights and remedies as to such new
objections as stated earlier in this Section 5.3 with respect to Buyer's
objection to title matters existing before the expiration of the Title Review
Page 5
Period and, to the extent necessary, the Closing may be extended by the
number of days necessary to accommodate Seller's sixty(60) day period
within which to cure or remove such objection.
6. PAYMENT: Within five(5)business days after the end of the Due Diligence
Period and on the same date in each calendar month thereafter until the earlier of
the termination of this Agreement or the Closing, as defined below, Escrow Agent
shall release from the Deposit a monthly payment(each being a"Payment" and
together the"Payments")in the amount of (pro rata for any partial
payment period during which the termination of this Agreement or the Closing
occurs). Each Payment shall be paid to an attorney selected by Seller to be
distributed upon receipt by such attorney to each Seller as set forth on Exhibit A-
2. The Payments shall be a credit against the Purchase Price and shall be non-
refundable to Buyer unless Seller fails to perform in accordance with the terms of
this Agreement. If Escrow.Agent fails to release any Payment(s) as provided
herein, then Seller's sole and exclusive right and remedy shall be to terminate this
Agreement by written notice to Buyer provided that, if Escrow Agent or Buyer
makes the required Payment(or Payments, if applicable)in each case within five
(5)business days after Buyer's and Escrow Agent's receipt of Seller's termination
notice, then this Agreement shall remain in full force and effect. ,If Seller so
terminates this Agreement and Buyer or Escrow Agent does not negate the
termination as provided in the foregoing sentence,then Buyer shall be entitled to a
refund of the difference between the Deposit less those Payments already released
to Seller's attorney, with the interest thereon, and Seller shall be entitled to retain
any Payments which have been received by Seller or Seller's attorney prior to the
date of Seller's notice of termination.
7. CLOSING:
7.1 Closing Time and Place. The conveyances herein provided shall be
consummated at a closing("Closing")which shall take place at the offices
of Buyer's title company in the Boston metropolitan area at 10:00 a.m. on
the first business day which is thirty(30) days after the end of the Permit
Period as same may have been extended or such earlier date or other
location in the metropolitan area in which the Property is located as Buyer
and Seller may agree upon("Closing Date");provided,however, that in no
case shall the Closing Date be on or before November 1,2005.
7.2 Possession. Each Seller shall be allowed to retain possession of their
respective Property for sixty(60)days following the Closing Date, such
time being provided to allow Seller to vacate the Properties and find
replacement housing. Upon the expiration of such sixty(60) day period,
fill and exclusive possession of each Property,free of all tenants,
occupants and rights of others,is to be delivered to Buyer, each Property
to be then in the same condition as it now is,reasonable use and wear
thereof excepted provided all of Seller's property shall be removed and
Page 6
each Property shall be broom clean. For each day after the end of such
sixty(60) day period that a Seller retains possession of their Property(such
individual Seller, a "Holdover.Seller"),such Holdover Seller shallPay a
penalty fee of$2,000.00("Holdover Penalty")to Buyer until they deliver
possession of their respective Property to the Buyer.Notwithstanding the
foregoing or anything to the contrary herein,if such sixty(60)period ends
during the North Andover public school system school year,Dante L.
Stabile and Robert L. Stabile,the owners of the Property at 814 Waverly
Road, shall not be obligated to deliver possession of their Property until
ten,(10) days after the end of such school year,provided,however, that
they shall pay to the Buyer the per diem Holdover Penalty for each day
after such ten(10) day period after the end of such school year that they
retain possession of their Property. Buyer agrees that Seller may remove
from their respective Property any shrubs,flowers and other vegetation,
and any appliances,molding,wood paneling, chandeliers and fixtures.
7.3 Deliveries at Closing.
7.3.1 At the Closing, Seller shall, as a condition of Buyer's obligations to
close under this Agreement, deliver to Buyer the following
documents, duly executed and acknowledged by Seller whenever
applicable with evidence of authority therefore:
7.3.1.1 the Deed;
7.3.1.2 a mechanic's lien and parties in possession affidavit and
such other normal and customary affidavits as title
insurance company's require for transactions of this
nature;
7.3.1.3 a transferor's certification of non-foreign status as
required by Section 1445(b)(2)of the Internal Revenue
Code;
and
7.3.1.4 such other documents as are customary in the area in
which the Property is located fora transaction of a
similar nature.
7.3.2 At the Closing,Buyer shall, as a condition of Seller's obligations to
close under this Agreement, deliver to Seller the following:
7.3.2.1 the Purchase Price, as set forth in Section 2 above;and
7.3.2.2 Evidence of Buyer's good standing in the
Commonwealth of Massachusetts and authority to enter
into the transactions contemplated hereby.
To enable Seller to make conveyance as herein provided, Seller may, and if
r,_.: ssary shall, at Closing, use the purchase money or any portion thereof to clear the
4 of any or all encumbrances or interests which are to be removed or eliminated by the
Page 7
terms hereof. Real estate taxes, and water and sewer charges, if any, shall be apportioned
as of the end of the day on the date of the Closing and the net amount thereof(y)if due to
Seller shall be added to the Purchase Price payable hereunder, and (z)if due to Buyer
shall be credited against the Purchase Price payable hereunder. All other costs shall be
paid in accordance with customary practice in the area in which the Property is located.
8: BROKERAGE: Seller and Buyer each represent and warrant to the other
that there are no brokers involved in connection with this transaction. Buyer and
Seller each agree to indemnify and hold harmless the other from and against all
claims for brokerage commissions on account of this sale by any person who
establishes by a court action a right to such brokerage commission arising out of
dealings with the party from whom indemnification is sought, and for all costs and
expenses, including reasonable attorneys' fees incurred in connection with any
such claims. Both parties shall have the right to participate in the defense of any
such action
9. COOPERATION: Seller agrees to cooperate with Buyer in all respects in
connection with this Agreement including,without limitation,permitting Buyer to
access the Property and Seller's applicable records in connection with Buyer's due
diligence activities, and in obtaining all Permits pursuant to the terms set forth in
Section 4 above. In addition,the parties agree that up to and after the date of
Closing,they shall do such things and execute, acknowledge and deliver any and
all additional instruments, documents and materials as either party may reasonably
request to fully effectuate the purposes of this Agreement. Seller agrees that if
requested by Buyer, Seller shall execute a Notice of Purchase and Sale
Agreement, and that such Notice may be recorded,provided,however,that any
such recorded Notice shall be immediately removed of record in the event that this
Agreement is terminated by either party pursuant to the terms hereof, and
provided, fttrther, that no such Notice shall be recorded where the recording of the
same shall cause any Seller, as the case may be,tote in violation of any mortgage
or deed of trust affecting their respective Property. In no event shall Seller's
obligations within this Section require Seller to make any expenditures.
l+j LIABHL ` : Buyer shall have the right to to ininate this Agreement at any time
and for any reason prior to or upon the end-of the Due Diligence Period as set
forth in Section 3 hereof(meaning prior to the making of the Payment,if any due
upon the end of the Due Diligence Period) and otherwise as set forth in this
Agreement,without cost to Buyer, except for Seller's reasonable attorneys fees, as
provided in Section 3,by providing timely written notice to the Seller, in which
event the Deposit and all interest earned thereon shall be promptly returned to
Buyer except that any Payment or Payments, as the case may be,released to
Seller's attorney prior to such termination shall be retained by Seller as set forth in
Section 6'above. If Buyer shall default under this Agreement(which shall not
include the failure to make a Payment for which Seller's sole remedy shall be as
set forth in Section 6),the parties hereto agree that the damages that Seller shall
sustain as a result thereof shall be difficult to ascertain. Accordingly,the parties
Page 8
hereto agree that in the event that Buyer fails to perform any of the terms,
covenants, conditions and agreements to be performed by Buyer hereunder,
whether at or prior to the Closing (except for the failure to make a Payment,
which default shall be treated as set forth in Section 6 above) and such failure
continues for thirty(30)days after Buyer has received written notice thereof from
Seller, Seller shall retain the Deposit(and Payments)previously made to the date
of the default, as liquidated and exclusive damages,which shall be Seller`s sole
and exclusive remedy at law and in equity to be allocated among each Seller as set
forth on Exhibit A-2.In addition, if any Seller fails to perform as required herein,
Buyer shall',have all rights and remedies available at law and in equity including,
without lin-4tation,the right to specific performance of this Agreement with
respect to the individual defaulting Seller. Buyer may not close on the purchase of
the Properties with less than all of the ten(l 0) Sellers, it being the agreement of
the parties hereto that all of the Properties,or none of the Properties,will be sold
in connection with this Agreement, and there shall be no partial closings where,
for example, some, but not all of the Properties are purchased by the Buyer.
11• GENERAL: This Agreement may be executed in duplicate or in duplicate
counterpart originals (each of which shall be deemed an original, and all of which
shall constitute one and the same instrument), is to be construed as a contract
under the laws of the state in which the Property is located,is binding upon and
inures to the benefit of the parties hereto and their respective heirs, devisees,
executors, administrators, successors and assigns,and may be modified or
amended only by a written instrument executed by both Seller and Buyer, except
as otherwise provided herein.
12. NOTICES: All notices required or permitted to be given hereunder shall be in
writing and sent by certified or registered mail, or by overnight courier,postage
prepaid, or hand delivered or by facsimile transmission,addressed to the parties as
follows to such other address or addresses as the parties may designate from time
to time by notice provided in accordance with this provision. Any such notices
shall be effective upon receipt of the same by the party to whom the notice is
directed.
In addition, copies of any notice hereunder shall be provided as follows:
If to Buver:
Mark Investment,Inc.
54 3aconnet Street, Suite 203
Newton,MA 02461
Fax: (617) 332-4014
'With a copy to:
Ronald M. Fellman, Esq.
Kaitz &Fellman, LLP
54 3aconnet Street, Suite 300
ewton,MA 02.461
Page 9
Fax: 781 12
Fax: (781) 894-21 9
If to Seller:
Daniel J.Norris, Esq.
McLane, Graf, Raulerson&Middleton, Professional Association
900 Elm Street
P.O. Box 326
Manchester,NH g3105-0326
13. EG UDATE: "Ibis is a binding contract effective as of the"Effective
Date" which shall be that date when this Agreement is signed by, and each change
is initialed by, Buyer and by each Seller.
Page 10
IN WITNESS VvIIEREOF,the parties hereto have executed this Agreement as of
the Effective Date.
WIT NESS BTTxM-
MARK INVESTMENT, INC.
/t.A Wil' J
By:
Name: Robert S.Korff
Title: Preside)t, D41y Authorized
Date: -3
SELLER: .
Owner of Map 27, Parcel 16
Date:
Owner of Map 27, Parcel 17
Date:
Owner of Map 27, Parcel 18
Date:
Owner of Map 27, Parcel 19
Date:
Owner of Map 27, Parcel 20
Dater
Owner of Map 27, Parcel 21
Date:
Page 10
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of
the Effective Date.
WITNESS BUYER:
MARK INVESTMENT,INC.
By:
Name: Robert S. Korff
Title: President,Duly Authorized
Date:
SELLER: .
Owner of Map 27, Parcel 16
L4VI
Dater � �� ds—
Owner of Map 27, Parcel 17
E t/i
Date: uA!'
Owner of Map 27, Parcel 18
Date:
Owner of Map 27, Parcel 19
Dater
Or of Map 27, P 20
Date: TJ IoNn
Owner of Map 27, Parcel 2 '
Da e:
Page 11
Owner of Map 27, Parcel 23
Dater d m�
Owner of Map 27, Parcel 24
Date: a.P'"
Owner of Map 27, Parcel 25
Y. Qe"'c-e�
Date: 1;0,1 11
Owner of Map 27, Parcel 26
17
Date: a d
I%tl:\DATA\7\72737\purchase\00376701.DOC
March 18,2005 3:10 PM
Page 11
a Owner of Map 27, Parcel 23
t i
Date: 3 Acs
Owner of Map 27, Parcel 24
Date:
Owner of Map 27, Parcel 25
Date:
Owner of Map 27, Parcel 26
Date:
?., 1z'A\7\727371purchase\00376701.DOC
March 23,2005 10:46 AM
Page 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the Effective Date.
M71TNESS BUYER:
MARK INVESTMENT,INC.
By:
Name: Robert S.Korff
Title: President, Duly Authorized
Date:
SELLER: .
Owner of Map 27, Parcel 16
Date:
Owner of Map 27, Parcel 17
Date:
Owner of Map 27, Parcel 18
/!/V t.�i-F (( lam' � / f��'f�:�f.�s 4� ,i �i..CGI..�CslA4,��id;.+pw/ lL.v f/L (ry�t�"c? G � 4. � ���.?�a !/e✓�' �'�'r'-1?'
F� Date:
Owner of Map 27, Parcel 19
Date:
Owner of Map 27, Parcel 20
Date:
Owner of Map 27, Parcel 21
Date:
Page 11
Owner of Map 27, Parcel 23
Date:
Owner of Map 27, Parcel 24
Date:
Owner of Map 27, Parcel 25
Date:
Owner of Map 27, Parcel 26
f Date:
M:\DA7iA\7\72737\purchase\00376701.DOC
March 22,2005 11:39 AM'
EXIIMIT A-1
Assessor's Tax Deed Recording Name of Record Owner Address of Record Owner Property
Map/Parcel Information Reference
Number Book/Page(Essex Name(For use
Co.Registry of in Exhibit A-2)
Deeds
1. 27/16 3037/49 Hector Rivera and 768 Waverly Road Rivera
Joan Rivera North Andover,MA 01845
2. 27/17 5132/338 Heather A. Root 21 Turnpike Street Root
North Andover,MA 01 845
3. 27/18 5152/172 William J. Shannon,Trustee of 29 9 Ridge Street Shannon
Turnpike Street Realty Trust Winchester,MA 01845
4. 27/19 8384/176 Randall D.Hunter and 35 Turnpike Street Hunter
Monica P. Hunter North Andover,MA 01845
5. 27/20 6984/116 Alicia Lugo 41 Turnpike Street Lugo
North Andover,MA 01845
6. 27/21 6995/232 Howard Wilkins and 47 Turnpike Street Wilkins
Rebecca Montan e-Wilkins North Andover,MA O1845
7. 27/23 942/135 John A.Martin and 782 Waverly Road Martin
ShirleyI.Martin North Andover,MA 01845
8. 27/24 5431/195 William F.MacDonald and 792 Waverly Road MacDonald
Julie Fedele MacDonald North Andover,MA 01845
9. 27/25 1495/161 Marie Perron and Raymond J.Perron 802 Waverly Road Perron
North Andover,MA 01845
10. 27/26 3374/300 Dante L. Stabile and 814 Waverly Road Stabile
Robert L. Stabile I North Andover,MA 01845
M:\DATA\7\72737\purchaseNO0365479.DOC
March 18, 2005 3:26 PM
EXHIBIT A-2
DEPOSIT/PAYMENT/PURCI-IASE PRICE ALLOCATION
Property Percentage Allocation to Allocation of Total.
Property of Payments/Deposit
urc ase Price-
1.
rices1. Rivera 10%
2. Root 10%
3. Shannon 10%
4. Hunter 10%
5. Lugo 10%
6. Wilkins 10%
7. Martin 10%
8. MacDonald 10%
9. Perron .10%
10. Stabile 10%
M:\DATA\7\72737\purcliase\00365491.AOC
March 18,2005 3:29 PM