HomeMy WebLinkAboutDecision - 1060 OSGOOD STREET 1/10/2005 ; � `
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I have elapsed from date of decision,filed
without filing of an appeal.
1060 Osgood Street-Pizza Parlor Date �f,_ ' ��=�
Site Plan Review - Special Permit To Cn Clerrk ��� �W
Town of North Andover No oTh
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Office of the Planning Department 0?
Community Development and Services Division
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400 Osgood Street -----
North Andover, Massachusetts 01845 'ss^cHUSEt
Telephone (978)688-9535
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
Clerk
Date: January 10, 2005
Date of Hearing: December 21, 2004 &
January 4, 2005
Petition of: Anthanasios Kotsirorus 62 Ellis Ave Lowell, MA 01854
Premises Affected: 1060 Osgood Street North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3 and 10.3.
So as to allow: the change of use of a 1176 SF lease area to a restaurant in the General
Business Zoning District.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed:
Alberto Angles, aairman
Cc: Applicant
Engineer
Abutters
DPW .._
Building Department
Conservation Department t
Health Department
ZBA s,
1060 Osgood Street-Pizza Parlor
Site Plan Review - Special Permit
The Planning Board herein approves the Site Plan Special Permit for the change of use of
a 1176 square foot lease area located in the Business 2 Zone. This Special Permit was
requested by Athanasios Kotsirorus 62 Ellis Ave Lowell, MA 01854 owned by TIAM
Realty LLC Two Stevens St. Andover, MA 01810 This application was filed with the
Planning Board on November 19, 2004. The applicant submitted a complete application
which was noticed and reviewed in accordance with Section 8.3, 10.3, and 10.31 of the
Town of North Andover Zoning Bylaw and MGL C.40A, Sec. 9
The Planning Board makes the following findings as required by the North
Andover Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the
Business 2 Zone and involves the construction of a restaurant which is an allowed
use.
2. The use as developed will not adversely affect the neighborhood
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
4. The site is existing and has proven to have adequate and appropriate facilities for the
proper operation of the approved 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. 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
must comply with the following conditions:
a) The final plan must be reviewed and approved by Town Planner and
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.
2. Prior to FORM U verification (Building Permit Issuance):
a) The applicant must comply with all applicable Building Department and
Code requirements.
b) 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.
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c) One certified copy of the recorded decision must be submitted to the
Planning Department.
3. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the 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 applicant shall adhere to the following requirements of the North
Andover Fire Department and the North Andover Building Department:
1) All structures must contain a commercial fire sprinkler system. 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 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.
4. 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.
5. 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 and covered.
6. 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.
7. The hours for construction 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.
8. 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.
9. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
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10. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
11. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
12. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
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 shall be submitted to the Town Planner for review. 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 January 10,
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.
17. The following information shall be deemed part of the decision:
Plan Titled: Site Plan 1060 Osgood Street
Prepared for: Anthanasios Kotsironis
62 Ellis Ave
Lowell, MA 01854
Prepared By: James A. O'Day P.E.
599 Canla Street
Lawrence, Massachusetts 01840
Date: 11/17/04,revised through 12/30/04
Sheet: 1
cc: Applicant
Engineer
File
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