HomeMy WebLinkAboutDecision - 1060 OSGOOD STREET 9/18/2008 Fn
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0 1 Town of North Andover
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Office of the Planning Department 2000 S I N"i 4, 04
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Community Development and Services Division
1600 Osgood Street
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North Andover,Massachusetts 01845 MA S A I Y
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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: September 18,2008
Date of Hearing: August 19,2008
Date of Decision: September 17,2008
Application of. Athanasios Kotsironis
43 Harrision Street
Dracut,MA 01826
Premises Affected: 1060 Osgood Street, North Andover, MA 01845, within the B-2 Zoning
District,Assessors Map 35, Parcel 29.
Referring to the above Application for a Site Plan Review Special Permit from the requirements of the
North Andover Zoning Bylaw, Sections 80.3, so as to allow for the installation of a drive-thru take-out
window for the existing pizzeria restaurant.
After a public hearing given on the above date, the Planning Board voted unanimously to APPROVE A
SITE PLAN SPECIAL PERMIT based upon the following conditions:
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7 'h Andove rp+lanning Board
ohrn Simons, Chairman
Richard Rowen
Michael Walsh
Tim Seibert
Jennifer Kusek
The Planning Board hereby unanimously APPROVES the Site Plan Special Permit for the
installation of a drive-thru take-out window for the existing pizzeria restaurant.
A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
This Application for Special Permit was filed by Athanasios Kotsironis, 43 Harrision St., Dracut, MA
01826, on July 21, 2008. The area affected is located at 1060 Osgood Street, Map 35 Parcel 29, lot size
45,738 square feet and located in the B-2 Zoning District. The Applicant submitted a complete
application which was noticed and reviewed in accordance with Sections 8.3, 10.3,and 10.31 of the Town
of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning
Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to
the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the
review process, the Applicant and its professional consultants also submitted various revisions to the
plans along with various supplemental memoranda and correspondence in response to requests by the
Planning Board, and by the various departments within the Town of North Andover that reviewed the
project. All of these plans, reports and correspondence are contained in the Planning Board's files and are
hereby incorporated by reference into the public record for this hearing.
FINDINGS OF FACT
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3, as well as Section 9 of M.G.L. c. 40A:
1. The specific site is an appropriate location for a Eating and Drinking Establishment as it is
located in the B-2 Zoning District.
2. The use as developed will not adversely affect the neighborhood as this site is located in the B-2
Zone. There will be no change in architectural style of existing buildings, and the use is suited for its
proposed location in proximity to the downtown and abutting residential, commercial and retail uses.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant had
submitted a traffic study by TEPP, LLC on November 20, 2007. The study concluded that the pick-
up window would not generate significant traffic or involve significant queuing. The plan submitted
by the applicant shows a drive-thru land with width of 9 feet, along with angled parking spaces on the
west side of the building. There is also proposed signage stating a 9' 0" clearing, as well as a "No
Right Turn" sign from the angled parking area. A memo from Chief William P. Martineau of the
North Andover Fire Department has stated that the angled parking would address his safety concerns.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The plan submitted by the applicant shows the installation of a sprinkler system at the drive-thru
window, as well as a flashing red fire light with an overhead sign stating "Do No Enter Drive-Thru
When Flashing" to be installed at the entrance to the. In the same memo from Chief William P.
Martineau as referenced above, the Chief states that the fire sprinkler protection is required over the
drive-thru window and it is shown on the plan.
5. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan
Review, including all filing requirements as stated in Sections 8.3, 10.3 and 10.31 of the Zoning
Bylaw.
6. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The
project will provide for municipal water, sewer and utilities on the property to adequately address the
needs of the project.
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A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
Finally the Planning Board finds that this project complies with the Town of North Andover Zoning
Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in
compliance. The Planning Board hereby unanimously votes to grant the requested waivers as described
in the Applicant's application, as listed below:
8.3.5(vi)Zoning Information—Provided in application..
8.3.5(vii)Drainage Plan—N/A
8.3.5(ix)Building Elevation—N/A
8.3.5(xi)Location of Wetlands—N/A
8.3.5(xiv)Outdoor Storage—N/A
8.3.5(xv)Landscaping Plan—N/A
8.3.5(xvii)Lighting Facilities—N/A
8.3.5(xviii)Drainage Basin Study—N/A
8.3.5(xix)Traffic Impact Study—Previously supplied.
8.3.5(xxi)Utilities—N/A
8.3.5(xxii)Fiscal Impact—N/A
8.3.5(xxiii)Community Impact—N/A
The Planning Board also unanimously votes to grant approval of the Applicant's proposed project as
described in the "Plans" and other supporting information described in the public record, provided the
following conditions are met:
SPECIAL CONDITIONS:
1. Permit Definitions:
a) The "Locus" refers to the 45,738 s.f. of land with frontage on Osgood Street, as shown on
Assessors Map 35, Parcel 29, and also known as 1060 Osgood Street, North Andover,
Massachusetts.
b) The"Plans"refer to the plans as follows:
1) A Site Plan entitled"Site Plan, 1060 Osgood St.,North Andover MA" date October 10, 2007,
revised to July 10, 2008,prepared by James A. O'Day,P.E.
c) The "Project" or refers to construction of a drive-thru take-out window for Arthur's Corner
Pizzeria and other improvements as described in the Plans;
d) The"Applicant"refers to Athansios Kotsironis,the applicant for the Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the Applicant,developer,and owner.
2. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a) The final plans described in Paragraph l.b(1) (the " Plans") must be reviewed and approved by
the Fire Department and the Planning Department and be endorsed by the Planning Board. The
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A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
Final Plans shall be modified to include a Planning Board endorsement block and must be
submitted for review within ninety (90) days of filing the decision with the Town Clerk. Failure
to submit and obtain Planning Board endorsement within the 90-day period will automatically
cause the approval to become null and void.
b) A bond in the amount of two thousand($2,000)dollars must be posted for the purpose of insuring
that a final as-built plan showing the location of all on-site structures, signage, and parking
spaces, is submitted. The bond is also in place to insure that the site is constructed in accordance
with the approved plan. The form of security must be acceptable to the Planning Board.
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) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land-Use Boards 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.
6. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) Three(3)copies of the signed,recorded 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 project owner 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 plans and hydraulic
calculations for each commercial system shall be submitted for review and approval, if
required, by the North Andover Fire Department. Plans and hydraulic calculations for each
commercial system must also be supplied to the Building Department.
7. DURING CONSTRUCTION:
a. In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance, any and all equipment that will emanate sounds from the structures or site.
8. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) The commercial fire sprinkler system related to the drive-thru window 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 system has 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.
b) 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 purpose of demonstrating signage materials only.
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A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building
Department. In no way is the Project Owner 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 Project Owner prior to construction.
9. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
b) A final as-built plan showing final topography, the location of all on-site utilities, structures,
drive-thru lanes and parking spaces must be submitted to the Planning Department. The Applicant
must submit a letter from the architect and engineer of the project stating said items substantially
comply with the plans referenced at the end of this decision as endorsed by the Planning Board.
10. 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.
11. 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.
12. The Planning Board requires that the project 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 and in strict accordance with all conditions contained herein.
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.
13. This Special Permit approval shall be deemed to have lapsed after August 19, 2010 (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.
APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of
this Decision by bringing an action within twenty(20) days after the Decision has been filed in the Office
of the Town Clerk pursuant to Section 17 of Mass. Gen. Laws Chapter 40A.
cc: Town Departments
Applicant
Engineer
Abutters
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