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HomeMy WebLinkAboutCorrespondence - 1060 OSGOOD STREET 4/10/2006 MURPHY & RANDALL,LLP RECEIVED ATTORNEYS AT LAW 50 BURLINGTON MALL ROAD,SUITE 100 APR 12 2006 BURLINGTON,MASSACHUSETTS 01803 CHARLEs A.MURPHY www.murphyandrandall.c°m NORTH fj Telephone:(781)238-0300 GLEN P.RANDALL PLANNING pE �+ $1)238-0302 April 10, 2006 Mr. Lincoln Daley Planning Department 400 Osgood Street North Andover,MA 01845 RE: Arthur's Corner Pizzeria Dear Mr. Daley: With reference to the above entitled matter, and pursuant to your request, please find enclosed the following: 1) Letter from Tiam Realty, LLC 2) Revised Site Plan 3) Photographs As we discussed, my client has inquired into the possibility of rearranging the parking spaces. As currently occupied,the structure requires 67 parking spaces and there are currently 69. If the parking were rearranged there would only be 62 spaces and the Landlord is not willing to do this. (Exhibit A) Additionally,my client has had an additional Site Plan prepared showing that a fire truck, a large SUV, and cars can be parked all at the same time. (Exhibit B) I think this blueprint and the enclosed photographs (Exhibit C) create a compelling reason for the allowance of the window. During the course of my investigation, I have also become aware of all of the drive through windows that currently exist in town, as well as the clearance that they may, or may not,have. While it may not be directly before the Planning Board, and as you probably know, the Pizzeria has more room than some of the existing businesses that currently have these windows. MURPHY &RANDALL,LLP ATTORNEYS AT LAW Some of these businesses include Dunkin Donuts, TD Bank North, Bank of America, and most recently Georgetown Savings Bank next to the new Staples. I have photographs of these locations, but I do not think this is necessary at this point in time. If the standard was whether a fire truck could travel around the establishment,none of these locations would have a drive up window. While I know that the Fire Chief only offers an advisory opinion, I would like to point out that his potential concern,that a Fire Truck can not traverse the entire building, is both 1) not accurate as disclosed by previous photographs and 2) is not being changed by the addition of a window. Whether Arthur's Corner Pizzeria does, or does not have a window, will not change the structure itself and the clearance at the back, or around,the building. So with all due respect to the Chief, I do not see the logic in his opinion. In fact the opposite is true and the removal of the sidewalk will actually widen the overall area. I would also like to point out that this side of the building is not a high traffic area, and virtually no cars are ever parked there. I would also like to point out that in the event of a fire,the responding fire truck would have the option of using the exit as an entrance and approaching the fire directly. There would be no reason for the truck to have to go all the way around. The one way limitations only apply to civilians, and not the Fire Department. Finally, even though I mentioned possible conditions to Chief Dolan, I feel somewhat at a disadvantage in having to propose them at all. I do not intentionally mean to belabor the point, but again, the other businesses that operate with less clearance, do not have any restrictive conditions that I am aware o£ Therefore, my client would like the window unconditionally, and only as a last resort, would he like to be restricted with the conditions that I proposed to Chief Dolan. It was a pleasure speaking with you last week and I thank you for your time and consideration in this very important matter. Very truly yours Glen P. Randall GPR/vg RECEIVED TIAM REALTY, LLC APR 12 2006 David S. Samuels, manager Two Stevens Street NORTH,,,.,_. _ Andover, MA 01810 PLANNING DEPARTMENT Phone (978) 475-0567 FAX (978) 475-7169 March 31, 2006 Arthur Kotsironis C/o Arthur's Corner Pizza 1060 Osgood St. North Andover, MA 01845 Dear Arthur, As we discussed, I lend you full support for your proposed pick-up window. However, no parking spaces can be eliminated as a result of the plan, and it would be too burdensome, and likely impossible, to extend the paved area anywhere closer to the property line. Thank you. With wa est regards, David S. Sa uels manager Ippolito, Mary From: Dolan, William Sent: Tuesday, January 24, 2006 1:02 PM To: Ippolito, Mary Cc: Melnikas, Andrew; Martineau, William Subject: Planning Board Meeting of 7 February I have received you memo of 1/23/06 with the three applications to come before the Planning Board on February 7. 1 iMend to be present at the meeting. The following are my comments relative to the applications in case I am not present. 1. Installation of a drive-up window at pizza parlor 1060 Osgood Street. Since this Pizza Shop took occupancy the fire department has opposed the installation of a drive up window at this location. The site is very crowded with the other s; tenants on the space and there is little access for the fire department to the buildings. We have taken the fire apparatus to.'<�' the site to check for access and turning radius. Without cars in the rear the truck has very limited access to the rear of the V building. We had opposed the Drive up to Dunkin Donuts on this same site when it was presented but we were overruled. The addition of this drive up will significantly decrease access for fire and ambulance response to the buildings. Again as the past the fire department is opposed to this application I have included sections or 527 CMR 25, of the State Fire P'evention Regulations as they are relevant to this application. I have also included my previous letter regarding this matter date 17 December 2004 527 CMR 25.00: OBSTRUCTIONS AND HAZARDS IN CERTAIN BUILDINGS AND ON PUBLIC OR PRIVATE WAYS Obstruction. Any fixed object, such as but not limited to a fence, post, pole, wall, ditch, or any movable object such as but not limited to a gate, barrel, tank, motor vehicle or truck whether registered or unregistered, temporary structure of metal or wood, or other physical barrier which might prevent the access of firefighters or firefighting equipment. 25.03: Exterior Access to Buildings Designed for Retail Occupancy The plan for any new retail building shall include an access for fire equipment on at least two sides of the building, such access to be approved by the head of the fire department on the plans prior to construction of the building. Access to present buildings shall be kept clear of hazardous Substances and obstacles which.may, in the opinion of the fire department, impede the proper placement of fire apparatus and personnel in case of tire. 25.05: Commercial and Institutional Occupancy Buildings. The head of the fire department shall inspect the outside access to such buildings to make certain that suitable areas are provided for the stationing of fire apparatus for rescue and fire extinguishment purposes and that sufficient unimpeded entrances and exits exist for the entrance of firefighting personnel and the evacuation of the building. The interior of the building shall be inspected by the head of the fine department to ascertain that all exits and main corridors are free of obstruction and that hazardous materials, if kept in such buildings, shall be located in a place designated by the head of the fire department. If the head of the fire department believes that obstructions or hazardous substances present an impediment to the evacuation of the building or the access of the fire department, lie may have such obstacles or hazardous substances removed. 1060 Osgood St Pizza Parlor pr... 2. Site PlanReiew_Speeial Permit-Ellis Court LLC- 1-7 Ellis Court The fire department supports and endorses this 1 Ellis Court.doc application as it will improve public safety in the area. My letter of 13 October 2005 is attached. 3. Watershed Special Permit Lot 1 Great Pond Road -the fire department has no issues related to fire safety-pt this time relevant to this application. 2 TOWN OF NORTH ANDOVER ENGINEERING REVIEW OF SITE PLANS FOR CONFORMANCE WITH THE TOWN OF NORTH ANDOVER ZONING BY-LAWS AND STANDARD ENGINEERING PRACTICE Site Plan Title: Site Plan 1060Qsgood Street VHB No.:09280.15 Location: 1060 Osgood Street Owner: Tiam Realty LLC Applicant: Athanasios Votsironis Applicant's Engineer: James A.O'Day,P.E. Review Date: February 6,2006 Vanasse Hangen Brustlin,Inc. (VHB) is providing an engineering review of a Site Plan and application for the above referenced project.This review is conducted in accordance with the Town of North Andover Zoning Bylaws as applicable and standard engineering practice. VHB has reviewed the following: ➢ Proposed Site Plan dated November 17,2004 with revision date of November 17,2005 ➢ Application for Site Plan Special Permit The following comments note non-conformance with specific sections of the Zoning Bylaws, constructability issues and questions/comments on the proposed design,and VHB's recommendations/suggestions. GENERAL COMMENTS 1. VHB understands that the proposal consists of construction of a drive-through window to an existing pizza restaurant. Other than a new dumpster and new signage, the application does not indicate additional proposed work to the existing site. VHB recommends that the Applicant's engineer develop a list of waivers from North Andover's Zoning Bylaw; particularly from section eight(8). As an example,VHB assumes that the Applicant desires a waiver from submitting a Community or Fiscal Impact statement. 2. A locus map was not provided as part of the submission. It appears that the existing site may be located within the Watershed Protection District. The Applicant should confirm. SECTION 6 SIGNS AND SIGN LIGHTING REGULATIONS 3. The plans show two new signs for the site,however there proposed locations are not clear. The Applicant should clarify the plan to show the proposed location and material of the new signs. SECTION 7 DIMENSIONAL REQUIREMENTS 4. The site plan appears to meet all dimensional requirements for a Business 2 zone. It should be noted that the application appears to contain several typographical errors. Fore example, the existing lot area is listed as 2500 square feet,but the lot area is much larger based on the site plan submitted. C:\DOCCN1E-I\inippolit\LOCA IS-1\Temp\09'_5015-silo rev io�%1-1060 Osgood.doc I SECTION 8 SUPPLEMENTARY REGULATIONS 5. (8.3-5e-i): A location map showing the surrounding roadways was not provided. 6. (8.3-5e-ii): It does not appear that a survey plan which conforms to the Essex County Registry of Deeds has been prepared. The Applicant should request a waiver from this requirement if a survey plan is not furnished. 7. (8.3-5e-iv): Are there any easements on the property? The Applicant should verify that the requirements of this section have been met. 8. (8.3-5e-v): Topography is not included on the site plan provided. The Applicant should request a waiver from this requirement if topography is not furnished. 9. (8.3-5e-vii): It does not appear that any changes are proposed to the site that would impact existing drainage facilities. Although the site plan does not show these existing features,VHB assumes that the existing site currently accommodates stormwater. 10. (8.3-5e-x): VHB recommends that the Applicant discuss accessibility issues on site. It appears that handicap parking stalls exists on the west side of the site. Given that traffic from the drive-through window will cross between the handicap parking spaces and the building,has there been any consideration given to providing a cross walk from these parking stalls to the building? 11. (8.3-5e-xi): VHB assumes that there are no existing wetlands within or adjacent to the existing site. 12. (8.3-5e-xii): See comment 3 above. 13. (8.3-5e-xv): No landscaping is proposed. 14. (8.3-5e-xvi): It appears that one additional dumpster is proposed in the northwest corner of the lot. It appears to be screened with a proposed six foot chain link fence. 15. (8.3-5e-xviii): See comment 9 above. VHB assumes this section is not applicable. 16. (8.3-5e-xix): A Traffic Impact Study has not been submitted. The Applicant should request a waiver. STANDARD ENGINEERING PRACTICE 17. The Applicant's Engineer should demonstrate that delivery trucks and emergency vehicles can maneuver under and/or around the proposed overhang of the drive-through window. It appears that a vertical dimension(clearance)of the drive-through overhang has been provided,but the dimension is unclear. VHB recommends that the North Andover Fire Department review the proposed site plan. It is recommended that the Applicant provide WRITTEN RESPONSES to the issues and comments for all sections. Reviewed by: Date: Timothy B. McIntosh,P.E. Project Manager-Highway and Municipal C\DIkU\1F-1\mippo it\LOCALS-1\Temp\093 8015-ci1,,revio,Ll 1060Osgood.doc