HomeMy WebLinkAboutDecision - 1070 OSGOOD STREET 12/20/1993 9
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TOWN OF NORTH ANDOVER
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�,ny appeal shall be ffleva f
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NOTICE OF DECISION
Date. December. 20, 1993
No'vembe'r 76',799-3'
Date of Hearing November 30,1993
becember' 7;' 1993'
Petition of , Rudolph Neve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected , ,1070 .Osgood .street . , . . . . . . .
Referring to the above petition for a special permit from the requirements
of the ,North Andover Zoning Bylaw, Section ,8.,3 . Site. Plan Review
. . , , . . . . . . ' . .
SO as to permit ,the .construction .of ,a .4,000 .sq,ft, .building .to .be .used .as ,a . ,
restaurant and deli.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planning Board voted
CONDITIONALLY
to A>~ Q$ gi . . . . . . . . .the . . . .SITE .PLAN ,REVIEW. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
based upon the following conditions :
cc: Director of Public works
Building Inspector
Conservation Administrator Signed lodav
Health Agent
Assessors Richard Nardella,. Chairman . . .
Police Chief
Fire Chief Joseph Mahoney, Clerk
' . . . . .
Applciant
Richard Rowen
Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
File
Interested Parties John Daghlian .
. .planning Board
Of OHT
KAREN H.P. NELSON o?' °T TOWri Of 120 Main Street, 01845
Director
BUILDING
NORTH ANDOVER (508) 682-6483
CONSERVATION ,ea�CNUSES DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
December 20, 1993
Mr. Daniel Long, Town Clerk
Town Building
120 Main Street
North Andover, MA 01845 Re: Site Plan Review
1070 Osgood Street
Dear Mr. Long:
The North Andover Planning Board held a public hearing on
Tuesday evening, November 16, 1993 in the Senior Center behind the
Town Building upon the application of Rudolph Neve, 51 Baremeadow
Street, Methuen, requesting a special permit under Section 8 . 3 of
the North Andover Zoning Bylaw. The legal notice was published in
the Lawrence Eagle Tribune on November 1 and November 8, 1993 and
all parties of interest were properly notified. The following
members were present: John Simons, Acting Chairman, Joseph
Mahoney, Clerk, and John Draper. Richard Nardella, Richard Rowen
and John Daghlian were absent.
The petitioner was requesting a special permit for the
construction of a 4,000 sq. ft. building to be used as a restaurant
and deli.
Mr. Mahoney read the legal notice to open the public hearing.
No quorum for Special Permit discussion.
On a motion by Mr. Draper, seconded by Mr. Mahoney, the Board
voted to continue the public hearing to November 30th.
On November 30, 1993 , the Planning Board held a regular
meeting. The following members were present: Richard Nardella,
Chairman, Joseph Mahoney, Clerk, Richard Rowen and John Daghlian,
Associate Member. John Simons and John Draper were absent.
Mr. Thomas Neve, of Thomas E. Neve Associates, told the Board
that the plans before them were based on the 1993 Annual Town
Meeting. Mr. Neve gave the Board the following information:
- Hours of operation - 11: 00 a.m. - 10: 00 p.m. weekdays
11: 00 a.m. - 11: 00 p.m. weekends
- located across from Treadwells
- proposed use "restaurant" - 4, 000 sq. ft. - one story
house type layout (100 seats) , traditional architecture
- detention pond designed to handle drainage from site
- sewerage and town water - through betterment assessment
Page 2 :
1070 Osgood Street
Outstanding Issues
drainage - need D.P.W. input - (note: outside the
Watershed District)
lighting downcast
Parking Spaces
101x20 ' to 91x18 ' - 57 parking spaces
seeking variance from the ZBA on parking size
8/9 employees
A site visit is scheduled for Saturday, December 4, 1993 at
8 : 00 a.m.
FAA submittal must have all permits in hand. Construction
March 1994.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to continue the hearing to December 7, 1993 .
On December 7, 1993 the Planning Board held a regular meeting.
The following members were present: Richard Nardella, Chairman,
Joseph Mahoney, Clerk, Richard Rowen and John Daghlian. John
Simons and John Draper were absent.
Mr. James Bourgeois told the Board that after meeting on-site
with them, he made the building smaller and added a basement area
for the freezer. The building will be 5 feet shorter with more
maneuverability in the parking lot. The basement is not included
in the parking calculations.
Mr. Rowen asked that the Board write a letter to the Zoning
Board of Appeals supporting small parking spaces.
Mr. Bourgeois requested that the Board close the public
hearing and send affirmative letter to the Zoning Board of Appeals.
Mr. Daghlian asked that the guard rail be extended at the
entrance and go across bridge over wetlands.
Mr. Nardella told the applicant that the dumpster will be
enclosed.
Mr. Bourgeois told the Board that there would be a lighted
sign at the entrance, reviewed by the Building Inspector.
Mr. Nardella discussed limiting hours of operation.
Page 3 :
1070 Osgood Street
The Board did not see the need for limiting the hours of
operation. Liquor license would limit hours of operation.
On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board
voted to close the public hearing.
The Planning Board endorses use of basement for storage and
refrigeration only. This will be added to the decision.
On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board
voted to approve the Site Plan Review for 1070 Osgood Street as
noted and amended.
Attached are those conditions the Board voted.
Sincerely,
North Andover Planning Bo d
l� O•"A0-;o� 4i)
Richard A. Nardella
Chairman
cc: Director of Public Works
Building Inspector
Conservation Administrator
Health Agent
Assessors
Police Chief
Fire Chief
Applicant
Engineer
File
1070 Osgood Street
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan
Review for the construction of a 3650 SF building for use as a
restaurant and deli in a B-2 District. This Special Permit was
requested by Rudolph Neve, 51 Baremeadow Street, Methuen, MA
01844 on October 29, 1993 . The Planning Board makes the
following findings as required by the Zoning Bylaw Section 8 . 3
and 10.3 :
FINDINGS OF FACT:
1. The proposed use and site design for this lot are
appropriate, as the site is zoned for business;
2 . Adequate vehicular and pedestrian access into the surrounding
site has been provided with the adherence to the approved
plans;
3 . The landscaping plan as shown does not meet the
requirements of section 8.4 of the Zoning Bylaw, however,
the applicant is required to obtain a variance form this
Section prior to endorsement of the plans by the Planning
Board. The Board is in support of this variance as the site
abuts wetland areas and woods. There are no close abutters.
4 . The site drainage system is designed in accordance with the
Town Bylaw requirements;
5. The applicant has met the requirements of the Town for Site
Plan Review as stated in Section 8. 3 of the Zoning Bylaw;
6. Adequate and appropriate facilities will be provided for the
proper operation of the proposed use.
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.
Therefore, in order to fully comply with the approval necessary
to construct the facility as specified in the Site Plan Review
application before us, the Planning Board hereby grants an
approval to the applicant provided the following conditions are
met:
SPECIAL CONDITIONS:
1. Prior to the endorsement of the plans by the Planning Board
the applicant shall adhere to the following:
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a. a bond in the amount of $5, 000 (five thousand dollars)
shall be posted for the purpose of insuring that a
final As-Built plan showing location of all on site
utilities, structures, curb cuts, parking spaces and
drainage facilities be submitted. This bond shall be in
the form of a check made out to the Town Of North
Andover. This check will then be deposited into an
interest bearing escrow account.
b. The applicant must have received a variance from the
Zoning Board of Appeals from Section 8. 1 and 8 .4 of the
Zoning Bylaw concerning parking space size and the size
of the landscape strip along the edge of the property.
2. Prior to FORM U verification (Building Permit Issuance) :
a. This decision shall be recorded at the Essex North
Registry of Deeds and a recorded copy delivered to the
Planning Staff.
b. The applicant shall place erosion control measures on
site as directed by the Town Planner.
C. The North Andover Division of Public Works shall
approve all plans. Any changes to the plans approved by
the Planning Board shall be reviewed by the Town
Planner. Any changes which the Town Planner may deem as
major shall be approved by the Planning Board.
d. The applicant must have received FAA approval for this
project and proof of approval must be submitted to the
Planning Staff for the file.
3 . Prior to verification of the Certificate of Occupancy:
a. The site shall be reviewed by the Planning Staff. Any
screening as may be reasonably required by the Planning
Staff and/or Tree Warden will be added at the
applicant' s expense.
b. A final as-built showing the location of all on site
utilities, structures, curb cuts, parking spaces and
drainage facilities must be submitted to and approved
by the Division of Public Works.
C. All artificial lighting used to illuminate the site
shall be approved by the Planning Staff. 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
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site shall be reviewed by the Planning Staff. Any
changes to the approved lighting plan as may be
reasonably required by the Planning Staff shall be
made at the owners expense.
4 . The Planning Board supports the construction of a small
(1850 ' sf) basement ' area to be used for storage and
refrigeration only. The construction of a basement will
allow the applicant to make the building smaller thereby
increasing the area available for delivery trucks.
5. Any Plants, Trees or Shrubs that have been incorporated
into the Landscape Plan approved in this decision, that die
within one year from the date of planting shall be
replaced by the owner.
6. The contractor shall contact Dig Safe at least 72 hours
prior to commencing any excavation.
7 . Gas, Telephone, Cable and Electric utilities shall be
installed as specified by the respective utility companies.
8. All catch basins shall be protected and maintained with hay
bales to prevent siltation into the drain lines during
construction.
9. No open burning shall be done except as is permitted during
burning season under the Fire Department regulations.
10. No underground fuel storage shall be installed except as may
be allowed by Town Regulations.
11. All signs within the project shall be of wood or stone, with
uniform lettering and design. The signs shall in no way be
interior illuminated (Neon or other means) . All signs for
this project must be reviewed by the Planning Board.
12 . No mechanical devices (ie: HVAC, vents, etc. . . ) which may be
visible from any surrounding roadways shall be placed on the
roof.
13 . 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.
14 . Any action by a Town Board, Commission, or Department which
requires changes in the plan or design of the building as
presented to the Planning Board, may be subject to
modification by the Planning Board.
15. Any revisions to a development that has secured site plan
approval shall be submitted to the Town Planner for review.
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If these revisions are deemed substantial, the applicant
must submit revised plans to the Planning Board for
approval.
16. This Special Permit approval shall be deemed to have lapsed
after T (two years for the date permit granted) unless
substantial use or construction has commenced.
The following plans shall be deemed as part of the decision:
Plans Entitled: Casa Vecchia Restaurant
1070 Osgood Street
North Andover, MA
Prepared By: Thomas E. Neve Associates, Inc.
New Meadows Professional Building
447 Old Boston Road
Topsfield, MA
Sheets: L2-1 Site Grading & Utilities
October 22, 1993 ; rev. November 17, 1993 ;
rev. December 6, 1993
L2-2 Engineering Details
October 22 , 1993
L3-1 Landscaping Plan
October 22, 1993
PA-1 Floor Plan, Elev's, Section
October 22, 1993 ; rev. December 6, 1993
cc: Director of Public Works
Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
1070-Osgood
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