HomeMy WebLinkAboutCorrespondence - 1060 OSGOOD STREET 12/17/2004 `
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TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters 7Dr^
124 MAIN STREET
NOI[l14 ANDOVER, MASSACHUSETTS 0)845
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(978) 688-9593
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To: Jaokl Byerley, Planning Consultant
From:Fire Chief Dolan
Date: l7 December%OO4 �
Re: )UhO Osgood Street-Pizza Parlor |
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The building commissioner brought the proposal for udrive through Pizza Parlor Uonmy attention with
rmu�rdfor�rexuf�vconsiderations.
The- fire department would have 10 review the plans for the installation of cooking equipment and the
�� systems iu the�Wd�e
9i existing ' ootocc:�ototbinnbmntur�iuprom��l�movu,c}y |iouit�daodtb�ioc]oxiwoofu
r�u��uom drive-through
lane would only decrease the already poor ucncoo.
Ihave attached two regulations, which are relevant to this site. One im the Town of North Andover by-
law Chapter 109 Fire Lanes. This regulation was adopted iol985. Currently the building has posted oo �
parking on These dn not uooadto1of�elanes according 0o the hyluvv and J the�re �
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' - w�c� ' �ed�p���odcw�ld�e�dg����a. T�x�m���� �
im'the State Fire Prevention Regulation 527 CMR 25 Obstructions and Hazards in Certain Buildings and �
on Public or Private Ways. Looking at 25.03 Exterior Access to Buildings Designed for Retail
Occupancy you will see that fire department access must be provided on at least two sides.
The fire department requires a twenty-five foot radius at the comers of buildings to allow for fire
apparatus to make the turn. The front two comers of this building do not provide that twenty-five foot
radius.
On this date rode with Engine l to the site and around the building. Although we were able to drive
completely around the cornering was tight. Our ladder would not beable tw make the turn.
The fire department does not oppose the pizza parlor only the inclusion of a drive through window.
The fire department requests the proposal for u drive op window ut this location not hogranted.
Please contact cuei[you have any questions.
William V. Dolan
Fire Chief
Cc: Robert Niuotta,Building Commissioner
James A. O'Day�E.
/
§ 109-1 FIRE LANES
§ 109-3
Chapter 109
FIRE LANES
§ 109-1. Determination of necessity; installation.
§ 109-2. Obstruction of private ways.
§ 109-3. Designation of fire lanes; dimensions; properties
requiring them.
§ 109-4. Enforcement.
§ 109-5. Towing of vehicles.
[HISTORY; Adopted'by the Town of North Andover 4-27-85 An-
nual Town Meeting, Art. 53. Amendments noted where appli-
cable.]
§ 109-1. Determination of necessity; installation.
Upon determination by the Fire Chief that fire lanes are necessary
for the protection of the lives or property of the public in an area to
which the public has access,the owner or the person having control of
such premises shall provide, install and maintain "No Parking-Fire
Lanes"signs and striping in the location designated by the Fire Chief.
§ 109-2. Obstruction of private ways.
It shall be unlawful to obstruct or block a private way to an area to
which the public has access so as to prevent fire apparatus or other
emergency equipment from gaining access to any building thereon.
§ 109-3. Designation of fire lanes; dimensions; properties
requiring them.
It shall be unlawful to obstruct or park any vehicle in any fire lane,
such fire lane to be designated by the Chief of the North Andover Fire
10901
§ 109-3 NORTH ANDOVER CODE § 109-5
Department. These fire lanes to be posted and marked as such. Said
fire lanes shall include a distance of twelve (12)feet from the curb at
a sidewalk or in the absence of sidewalks and curbings, the distance
shall be eighteen (18)feet from the building. The properties involved
shall be shopping centers, apartment complexes, hospitals, nursing
homes, theaters and schools or other areas to which the public has
access.
§ 109-4. Enforcement.
These traffic regulations are enforced by the Police Department of
the Town of North Andover carrying a fine of ten dollars ($10.) per
ticket.
§ 109-5. Towing of vehicles.
If vehicles are impeding access of emergency vehicles, the Police
Department shall have the authority to tow such vehicles to a storage
facility designated by the North Andover Police Department. Such
towing charge to become the responsibility of the owner of towed
vehicle.
I
10902
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
527 CMR 25.00: OBSTRUCTIONS AND HAZARDS IN CERTAIN BUILDINGS AND ON
PUBLIC OR PRIVATE WAYS
Section
25.01: Definitions
25.02: Public and Private Ways
25.03: Exterior Access to Buildings Designed for Retail Occupancy
25.04: Interior of Buildings Used for Retail Purposes
25.05: Commercial and Institutional Occupancy Buildings
25.06: Buildings of Industrial Occupancy
25.07: Buildings of Habitable Occupancy
25.08: Public and Private Property
25.09: Removal of Obstructions and/or Hazardous Materials
25.01: Definitions
For the purpose of 527 CMR 25.00, the following terms shall have the meanings
respectively assigned to them:
Approved. Approved by the State Fire Marshal.
Building. Any structure used in accordance with the occupancies noted in 527 CMR 25.00,
such structure not to include one, two,or three-family dwellings.
Occupancies.
(a) Retail. Any building to which the public may have ready access at certain times for
the purpose of purchasing goods or services but not including buildings having
professional occupancies such as doctors, dentists, lawyers, architects, engineers, etc.
(b) Commercial and Institutional. Any building used primarily for the conducting of
one or more business enterprises to which the public has access but which are not
primarily devoted to the sale of actual goods that may be carried away by the public.
Such buildings may include schools,colleges, laboratories, restaurants, business offices,
banks, warehouses, etc. Retail occupancy in one or more of the first three floors of a
multi-story commercial building will be allowed without altering the commercial
designation of said building.
(c) Industrial. Any building used for the manufacture of products.
(d) Habitable. Any building,institution,or residence designed to house more than three
families where people regularly sleep. This includes dormitories, condominiums,
hospitals, hotels, rooming houses, nursing homes, etc. Sections of a multiple residence
structure that are separated by at least the equivalent of a six-inch thick concrete block
wall shall be considered single buildings in accordance with 527 CMR 25.00.
Hazardous Substance. Any liquid, solid, or gas which is toxic, flammable, explosive, or
reactive when combined with other substances within the immediate vicinity of the substance,
or any substance which could increase the intensity or the spread of fire out of proportion to
the normal materials present in the area.
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.
25.02: Public and Private Ways
If the head of the fire department determines that an obstruction exists or that there is a
quantity of hazardous material stored on a public or private way or access area contiguous
to any of the buildings referred to in 527 CMR 25.00 which might prevent the access of fire
apparatus or firefighting personnel to the contiguous building, he shall have the authority to
have such obstruction or hazardous material removed by the owner.
9/1/93 1 527 CMR - 235
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
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 fire.
25.04: Interior of Buildings Used for Retail Purposes
The head of the.-fire department will inspect.retail Establishments and may direct the
owner or operator of such building relative to maintaining clear aisles and exits free of
obstructions and hazardous substances. The head of the fire department may also direct the
operator of the establishment to locate hazardous substances in certain areas of the building
so that there will be less danger to the public in case of fire.
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 fire 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, he may have such
obstacles or hazardous substances removed.
25.06: Buildings of Industrial Occupancy
Access for fire apparatus shall be provided on at least one side of every industrial type
building,such access to be kept clear of all obstacles and hazardous materials as the head of
the fire department may direct. The interior corridors and exitways of all such buildings shall
also be kept clear of obstacles and hazardous materials as directed by the head of the fire
department, who shall inspect all such buildings at least once each year at any time without
prior notice provided it is during the normal working hours of such institution.
25.07: Buildings of Habitable Occupancy
Each building built for residential occupancy after the approval of 527 CMR 25.00 shall
include a suitable paved access for fire apparatus on at least one side of the structure. In
addition, a clear, unobstructed way shall be provided from such fire apparatus access point
to all exits of such building. The head of the fire department shall inspect such access areas
and order any obstacles or hazardous materials removed at his discretion. The head of the
fire department shall also inspect the interior of.such buildings at a reasonable hour and shall
make certain that corridors,hallways,and other exitways are clear of obstacles and hazardous
materials which might prevent the timely evacuation of the building or the efficient operation
of the firefighting personnel in case of fire or explosion.
25.08: Public and Private Property
Hazardous substances shall not be left unattended within 100' of any building without a
permit from the head of the fire department. If, in his opinion, the nature of the hazard
requires a greater separation from the building, the head of the fire department may so
dictate. The head of the fire department may order hazardous materials to be removed from
any public or private property if the presence of such material does not comply with
527 CMR 25.00 or with other regulations of 527 CMR.
9/1/93 i 527 CMR - 236
5
527 CMR: BOARD OF FIRE PREVENTION REGULATIONS
25.09: Removal of Obstructions and/or Hazardous Materials
If the head of the fire department determines that-an obstruction exists or that there is a
quantity of hazardous material stored that must be removed in accordance with 527 CMR
25.00,he shall have the authority to require such obstruction or hazardous material removed
by the owner. If after an inquiry to persons within the building involved or within the
contiguous building and after making obvious inquiries concerning the owner of such
obstruction, such owner is unavailable, the head of the fire department may have the
obstruction removed by others at his discretion. The cost of such removal will be bome by
the owner if and when located.
REGULATORY AUTHORITY
527 CMR 25.00: M.G.L. c. 22, § 14; c. 148, § 28.
9/1/93 f 527 CMR - 237
lapolito, Mary
From: Dolan, William
Sent: Tuesday, January 24, 2006 1:02 PM �}
To: Ippolito, Mary 4 0
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
intend 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 parlo1060 Osgood Street ince this Pizza Shop took occupancy the
fire department has opposed the installation of a drive up vvidnw at-thisoeaton The site is very crowded with the other
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
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
in the past the fire department is opposed to this application I have included sections or 527 CMR 25. of the State Fire
Prevention 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 fire.
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 fire 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, he may have such obstacles or hazardous substances removed.
T
1060 Osgood St
Pizza Parlor pr...
2. Site Plan Review Special Permit- Ellis Court LLC - 1-7 Ellis Court The fire department supports and endorses this
1
L
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 at this
time relevant to this application.
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