HomeMy WebLinkAboutCorrespondence - 1060 OSGOOD STREET 9/18/2008 TO: memo to file
FROM: Mary Ippolito
DATE: July 9, 2008
SUBJECT: Arthur Kotsironis application for a Special Permit to install drive-up,take
out window for 1060 Osgood Street.
Mr. Kotsironis dropped off his application for a Special Permit and plan of land while I
was away from my desk.
I reviewed both and found that it was incomplete on many different levels.
I asked that Mr. Kotsironis meet w/me to go over the application submittal.
When we reviewed the plan of land submitted I advised him that at the Planning Board
meeting of May 6, 2008 the Board reviewed Mr. Kotsironis' plan with him and discussed
certain things that they required.
However, when I pointed out these specific things Mr. Kotsironis stated that he was not
going to make any changes to the plan he submitted.
Mr. Kotsironis came in again on July 8 with his lawyer(who identified himself as Ned) I
explained the requirements of the application submittal to him. I showed him what was
missing on his application and what changes a revised plan of land should contain.
My hopes are that when Mr. Kotsironis re-submits his application that it is complete and
that the frustration of dealing with him will be behind us from that time forward.
W/attachment May 6, 2008 "Minutes"
Ippolito, Mary
From: Ippolito, Mary
Sent: Thursday, July 10, 2008 9:43 AM
To: Ippolito, Mary
Subject: FW: Arthur's drive-up window.
See memo to file attached.
-----Original Message-----
From: noreply @yourcopier.com[mailto:noreply @yourcopier.com]
Sent: Thursday,July 10,2008 10:36 AM
To: Ippolito, Mary
Subject: Message from KMBT_600
A`dabc
SKMBT 600080710
09350.pdf
1
TOWN OF NORTH ANDOVER
Fire Department
Central Fire Headquarters
124 MAIN STREET
NORTH ANDOVER,MASSACHUSETTS 01845
William P.Martineau Telephone(978) 688-9593
Chief o f Department
FAX (978) 688-9594
Michael J. Beirne wmaineau�utownofnoi-th
Deputy Chief andover.com
MEMO RECEIVED
AuU 12 2008
NOK i n ANDOVER
To: Planning Board, Chairman John Simons PLANNING DEPARTMENT,
From: William Martineau '
Date: August 11, 2008
Re: Drive up window
Last year the owner of Arthur's Pizza, 1060 Osgood Street,.asked me to reconsider the negative
recommendation of my predecessor, Chief Dolan. I told him that I would not reconsider this previous
proposal.I advised him that if he could present a NEW proposal with innovative changes and safety
improvements that I felt addressed various safety concerns that I would not oppose his application.
Earlier this year he asked me if the addition of fire protection sprinklers over this drive up window and
realigning the angle parking on this side of 1060 Osgood Street would address my concerns and I told
Arthur that these upgrades would. If the new proposal includes fire sprinkler protection over the drive up
window and the angle parking is altered to gain adequate space between parked vehicles and the
dedicated drive up lane I have no objections.
Let me know if you need further information.
Chief William P.Martineau
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PLANNING DEPARTMENT �
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[O00uDhv Development Division
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Agenda Item#1%
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TO: Planning Board �
FROM: Judy Tymon,Town Planner
RE: }�rk���~aK��mmmrO^���m��m— �#�# KDo���� SL—�Km�35�D^m�om lO0 &oo|�u1�mfbr�h�Pbm �
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Review Special Permit to allow the installation of a drive-thru,take-out window at the existing Pizzeria.
K»A]CDZ; 1m Review—August l3`2OO8
PROPOSAL
By application dated July 21, 2008` Application for 3ko Plan Review` the &opUcord^ /�d`uouxios k�otabnnia` has
rcqoo�edu Special 9onnkfor SdoPlan ''Review per North Andover Zoning Bylaw Section 8.3, for the installation ofo
drive-d/nz, take-out window for his existing pizzeria restaurant. The documentation ruoeb/ud to support this ncqnod �
includes:
• An���onf�SdoPbm��ewSpoui�pmm�d��July 2l,2O08`Am|i��A����aKo��nim.
• Cover letter from Applicant listing waivers requested with supporting documentation.
• Traffic Assessment from TEPPLLC dated November 2U,20U7.
• Site Plan dated Jo'July 7,20O8,prepared hv James O`I)ay.P.E.
Application Site
SITE PLAN REVIEW REQUIREMENTS
Section 8.3.2.iii) of the town of North A
udov*r Bylaw u1u1eo that any new uses in existing structures or
developments that
would result in changes hotraffic circulation requires Site Plan Review. The addition ufuddvo-
thru window would require changes in the traffic pattern,thus necessitating Site P}uu Review.
Application Procedures:
p 8.5. n) Site Plan Review Application filed July 2l,2O08
w 8.5.b) Site Plan with all required information dated July 10,2008
w Appropriate Fees received and copy filed with Town Clerk July 2l`2008
* Public Hearing advertised and abutters notified
GENERAL COMMENTS
The applicant is the owner ofArthur's Corner Pizzeria, 1060 Osgood 8t. He has submitted on application for Site
Plan review for the addition of ddvo'thru and take-out window. There was u pre-application diaunnoiou with the
Planning Board ut their meeting oo May 6, 2008. The applicant discussed changes that he has made miuom his
original filing in December 2005. 3pociDouUy` he has reconfigured the side parking npuueo so that they are on u lO
degree angle; sprinklers and ubuzzcr system have been installed as well as uiguugc. At that meeting the board
asked the applicant to file a complete SPR application and to highlight the suggested changes on the plan. Also,the
1600 Osgood Street,North Andover,Massachusetts 01845
Phone 978.688.9535 Fox 978.688.9542 Web www.townofnorthandover.com
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Fire department has indicated that they have no objections tothe new plan. The Dept. bud previously cited the
difficulty of maneuvering ofire truck around the back and side of the building.
RE COMMENDATIONS
The applicant has complied with the requests made by the Planning Board at their last mcoiiuB on May 6, 2000.
Also the Fire Department has confirmed that they do not have any issues with the current plan.
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|60O Osgood Street,North Andover,NNsmchuseUs 01845 |
Phone 978.680.9535 Fox 978.688.9542 #oh nww.townofnurthondover.mm
tAORTti
DRAFT 5/7/08 o R``E 6.6�®
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3
4
5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 May 6,2008
8 Minutes of the Meeting
9 Changed location of the Meeting it's @ Senior Center located behind Town Hall,
10 120R Main Street
11 7:00 PM
12
13 Members present: John Simons, Chairman
14 Alberto Angles, Vice Chairman
15 Jennifer Kusek, Clerk
16 Richard Rowen, regular member
17 Timothy Seibert, alternate member
18 Richard Nardella (joined the meeting later in the evening).
19
20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito, Recording Secretary
22
23
24 Chairman Simons introduced the panel to the assembly and called the meeting to order at
.5 approximately 7:15 pm-
26
27 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT(S):
2$
29 The DF Parker Company,LLC, 500 Sutton Street, Map 74,Lot 1-B. Site Plan Review
30 Special Permit to permit the construction of a 20,540 s.f. two floor masonry and steel pet care
31 facility and a Watershed Special Permit for the construction of a detention basin in the Non-
32 Discharge buffer zone waiver for June 3, 2008within the I-2 zoning district. . Applicant
33 submitted waiver for June 3, 2008
34
35 T.Mobile,Wireless Communications, 451 Andover Street,Map 24, Lot 28. Special Permit
36 to allow the replacement of existing three antennas with three antennas of a similar sized model,
37 mounted in same locations, and the construction of one additional radio cabinet adjacent to
38 existing radio cabinet on the rooftop within the General Business zoning district. Applicant
39 submitted a waiver until May 20, 2008.
40
41
42 CHAIR CALLED FOR THE FOLLOWING DISCUSSION:
43
44 1. Arthur Kotsironis, Arthur's Pizzeria, 1060 Osgood Street. Discussion involving the
45 construction of a drive-through to the existing building and reconfiguration of parking site-
46 design.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 1
DRAFT 5/7/08
1 Lincoln stated this proposal was presented a couple of years ago, and was denied. However, Fire
2 Chief Marteneau has submitted a letter stating he doesn't have a problem with the granting of a
3 drive-thru.
4
5 Arthur Kotsironis, was present and stated that he moved the parking spaces on a 10-degree angel,
6 installed sprinkler where window is going to be, buzzer to indicate dire,signs indicating right of
7 way or how high etc. Applicant stated he attended a TRC meeting and no one had any issues
8 with this request.
9
10 AA stated that when Mr. Kotsironis submits a formal Site Plan application highlight where these
11 changes are located.
12
13 RR stated check the distance across and that it's still 9 feet when he creates the angel parking
14 spaces.
15 ,J _
16 AA asked what is width &how wide is drive-thru? It's 18 feet from wall to the lane.
17
18
19 CHAIR CALLED FOR CONTINUED HEARING(S):
20
21 2. 880 Great Pond Road, - Map 103, Lot 111. Watershed Special Permit to raze existing
22 dwelling and construct a single-family dwelling, driveway, & roof runoff infiltration system
23 within the Non-Disturbance district within the R-1 zoning district. ZBA modification for
?4 Variance was granted. Decision drafted.
15
26 Lincoln presented a letter from VHB w/comments. VHB has addressed all comments and
27 concerns and Lincoln drafted a decision.
28
29 Lincoln forwarded comments from Chairman Simon's to VHB. Chair would like to see a
30 stronger statement that the post-development impact is less than the pre-development and that
31 construction process meets best practices. Chair stated VHB's note should have more stringent
32 language in it,just said they followed the Bylaw and that there is no significant degradation.
33 Chair wants fertilizers restricted before and post construction.
34
35 Pat Bower, Engineer, stated that Con/Com has wording regarding using slow release of
36 fertilizers on this project. Chair wants Mr. Bower to add this fertilizer issue in his letter.
37
38 AA stated PB includes verbiage in our conditions in our decisions and it's in there now.
39 However, Chair is asking for more stringent verbiage to be added to PB conditions. Applicant
40 letter is ok, it's VHB's letter that is vague. AA stated if we were to ask VHB if there are further
41 recommendations he's sure VHB would provide them to us.
42
43 RR stated VHB should be able to state this is less intrusion than the current conditions and
44 should be able to say this is an improvement.
45
46 Chair wants more from VHB than they gave us.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 2
DRAFT 5/7/08
1
2 Mr. Bower stated that Mr. Ercolini wants to interview people to get this project started; he may
3 have to ask for an extension for the variance.
4
5 RR stated that VHB should come up with the wording "there's an improvement". Ask VHB to
6 agree or disagree w/Pat Bower's letter.
7
8 Chair wants VHB to use language"they have used best practices".
9
10 RR stated VHB is conservative; they are reluctant to say that we won't have a problem.
11
12 JK stated she would like to see VHB say something stronger than this last letter. If there is an
13 issue why they can't then what is the issue?
14
15 Chair stated PB might have to reopen this application if VHB doesn't give us the letter. Increase
16 the bond by a few thousand dollars.
17 Motion to close public hearing by RR,2nd by AA,unanimous vote.
18
19 See edits: Change the date of VHB letter see findings of fact section in decision. Chair read his
20 letter. Edits to decision....3C prior to the issuance of a building permit, get everything set before
21 the building permit is issued. RR in finding of fact see A....put that as the first sentence under 1.
22 The PB bases the findings of the fact. JK asked if hours of construction are included in decision?
23 Lincoln stated no that's more for commercial projects. Applicant filed a detailed construction
?4 plan. Chair wants Lincoln to put this into the conditions of the decision. Put in,,,,dated letters
25 too. Bond amount$6K.
26 Motion by RR to approve Watershed Special Permit for 880 Great Pond Road as amended
27 this evening,2nd by AA,vote was unanimous 5-0. Chair requested Lincoln to send the PB a
28 copy of the final letter from VHB.
29
30
31
32 3. RCG, 21 Hiuh Street, Man 0690 & 068.0 Lot 001 & 0010. Site Plan Review Special Permit &
33 Definitive Plan approval for PDD Special Permit for Phase 2, which shall include renovation,
34 conversion of approximately 65,000 s.f. of existing vacant space and total of fifty residential,
35 loft style, one & two bedroom residential units located within the second and fourth floor of
36 Bldg. #3A and fourth and fifth floors of Bldg. #1 the conversion of other space within the
37 existing building to commercial uses along with parking and other improvements on the
38 premises within the I-S zoning district.
39 Atty. Smolak was present, stated we're in the final stages, VHB issued their final review and said
40 drainage issue has been satisfied. Our Engineer and their Engineer resolved the final issues of
41 this project.
42
43 Lincoln submitted a letter to the PB tonight. On Water St. there are notes indicating they will
44 use the existing landscaping in that area, is it part of phase 1 or phase 2?
45
46 Atty. Smolak stated phase 1 covered landscaping of this phase.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 3
DRAFT 5/7/08
1
2 Lincoln stated proposed 4 foot wide landscaping buffer needs to be clarified. Atty. Smolak stated this is a
3 4-phase project to be approved from phase to phase.
4
5 Lincoln stated he wants more clarification on landscaping. Atty. Smolak stated the landscaping
6 plan for phase 1 that was submitted was approved.
7
8 David Steinberg stated he treated the approved landscaping in Phase 1 as approved for in phase
9 2.
10
11 Lincoln wants to know what lighting is detailed?
12
13 Chair stated he wants Lincoln to submit this punch list to Mr. Steinberg. Lincoln recommends
14 the PB close the public hearing tonight.
15
16 AA asked is there procedural processes to take place regarding phase 1 approval? Lincoln stated
17 if modifications were presented they would be for the individual phase at that time.
18 Motion to close public hearing by AA,2nd by RR,vote unanimous.Draft a
19
20
21 CHAIR CALLED FOR TOWN MEETING WARRANT ARTICLES:
22
23 4. Article 16: Report of the Community Preservation Committee and Appropriation from
04 the Community Preservation Fund. (Petition of the Community Preservation
25 Committee).
26 Chair stated see page 33 of the Town Warrant and gave a brief overview:
27
28 Old Police Court Refurbishment—Property was located next to the Senior Center. They will
29 work on historical piece of work in Town Hall.
30
31 Stevens Estate Restoration (Windows (Phase II). Started program last year to redo the windows
32 at Stevens Estate, this will continue to replace with historically correct windows. Money is
33 already there in CPC and we're just appropriate it.
34
35 Former Greenery Property sponsored by NOAH who purchased this property and filed a 40B
36 application. $1 OM to do the project, federal tax credits will fund the building of the Greenery as
37 well as CPC. Rental units are permanent affordable. Chair has information regarding financials.
38 42 units.
39
40 Reserve for Open Space is 10 percent of money taken in. Preserve historical and administrative
41 costs. AA stated this affordable housing is terrific,why didn't this pass at last year's Town
42 Meeting? Because the 40R project was coming up and people that would get us to 10 percent
43 limit. There was uncertainty related to the Police Station.
44 Motion by AA to recommend favorable action on Article 16,2nd by RR,vote was
45 unanimous.
46
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 4
DRAFT 5/7/08
1
2 5. Article 32: Amend Vote Article 42-1997 Annual Town Meetiny, Removal of Development
3 Restrictions on Map 62, Parcels 18, 9, 64. (Petition of Board of Selectmen) Article
4 continued from April 29, 2008.
5
6 Tyler Munroe apologized for not attending the prior meetings.
7
8 Chair pointed out to a tributary located on the plan and stated potentially applicant may have a
9 problem. Mr. Munroe stated the restriction is on the whole Town Farm. BOS said ok.
10 Con/Com wanted language to say restriction would only be lifted on the affected areas.
11
12 Tom Zahoruiko stated this contains 4 parcels and restrictions are across the entire parcels.
13
14 Chair remembers when Buddy Cyr did this. When PB petitions the legislature he would petition
15 from the meets and bounds, which represents 7 or 8 percent of the entire parcel.
16
17 RR wants to know where the tributary actually runs, the field is then within 100 feet of tributary?
18
19 Mr. Zahoruiko stated the rules and regulations need to be complied with that means a more
20 technical presentation needs to be submitted. Al Manzi, H is fine as long as language refers to
21 the parcels affected. RR asked take the restriction off where you are allowed to build.
22
23 Mr. Zahoruiko stated the article should be narrowed down to actual restrictions.
r 14
25 Work w/Town Counsel regarding wording. Who is writing language from (Mark Rees office).
26
27 PB stated the language has to be consistent w/State and in the Warrant Article. Get the language
28 in article.
29
30 AA asked if grading prohibited within 100 feet. Lincoln said you couldn't build within 50 feet.
31
32 Mr. Munroe should get information on that one piece that the Chair feels there is a problem
33 w/Con/Com. Chair thanked Mr. Munroe and Mr. Zahoruiko for their time and input.
34 PB stated they would vote at the meeting the night of Town Meeting.
35
36
37 6. Article 33: Amend North Andover General Bylaws New Chapter, Chapter 160 Storm water
38 Management & Erosion Control Bylaw. (Petition of the North Andover Division of Public Works)
39 Article continued from April 29, 2008.This will be withdrawn at Town Meeting,
40 Postponed until Town meeting.
41
42
43
44 7. Article 43: Amend North Andover Zoning Bylaw— Section 4.126 -Business 1 District and Section
45 4.127 Business 2 District. (Petition of the Board of Selectmen) Article continued from April 29,
46 2008.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 5
CRAFT 5/7/08
1 PB does not understand this article. Apparently this is to keep big boxes out. Chair will call BOS member
2 to see if he wants to move forward or withdraw without prejudice.
3 PB stated to hold off until Tuesday.
4
5
6
7 8. Article 44: Amend Zoning Map - 2302 Turnpike Street, Assessors Map 108A, Lot 9 from
8 Residential (R-2) to Business 2 (B-2). (Petition of John Smolak) Article continued from April 29,
9 2008.
10 Atty. Smolak will present tonight.He needs to discuss w/Town Counsel regarding restricted covenant,
11 this is a private restriction, so why does Town Counsel need information why does this belong in front of
12 the selectmen?
13
14 AA stated he doesn't like putting restrictive covenants on zones.
15
16 JK stated within that type of framework she doesn't mind seeing a drive thru, or pharmacy, she's
17 concerned if they go forward and seeing a stand-alone pharmacy. The owners should sign this prior to the
18 Town Meeting.
19 Motion by RR to take favorable action on Article 44,pending the signed copy of covenants,2"d by
20 TS,vote was unanimous.
21
22
23 Article 45 -Amend Zoning Map 4 parcels,396-398,404,424 and 426 Andover Street.
24 Attorney Dom Scalise submitted a letter requesting to withdraw without prejudice from consideration at
25 the Annual Town Meeting scheduled for May 13, 2008.
26 PB did not vote on this tonight.
27
28
29
30 DISCUSSION:
31 Lincoln to work on presentation on portion of CDD3 corridor.
32 Charlie Salisbury would like to be able to write these articles in 1/3 of the space that they
33 currently take.
34
35 RR should take a look at this, and not show every single parcel.
36
37 Lincoln to send the Warrant Articles to Richard Rowen & send him the maps too.
38
39
40 DISCUSSION:
41 RR stated they are getting ready to finish off the project located at the Old Center. Rotary should
42 be looked at the whole rotary should be off set more toward the common. When coming from the
43 Common heading toward the Fire Station vehicles head straight and don't make any stopping.
44
45 AA stated maybe by striping or some different surface they may make things better.
46
47 Please note: Rick arrived at 8:50 pm and stated he will attend the Planning Board meeting of
48 May 20a'.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 6
DRAFT 5/7/08
1
2
3 APPROVAL OF MEETING MINUTES:
4 April 1, 2008
5 April 15, 2008
6
7 Motion by JK to approve the Minutes of the Meeting of April 1 and April 15, 2n by TS, motion approved
8 &vote was unanimous.
9
10
11
12 PLANNING BOARD MEETINGS:
13 ■ May 13,2008—Annual Town Meeting
14 ■ May 20,2008— Regularly Schedule Planning Board Meeting
15 ■ June 3, 2008— Regularly Schedule Planning Board Meeting
16
17
18 Motion to adjourn by AA, 2nd by JK, adjourned at approx. 9:00 pm.
19
20
21
22 NOTE: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that
23 are not listed on the agenda.
24
25 By order of the Planning Board
�b
27
28 Approved
29
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 7
f NORTH
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*4aD 6 NQ t4 44
Town of North Andover 4'
Office of the Planning Department
Community Development and Services Division -
sSACHUS��
Osgood Landing
1600 Osgood Street � �
Building#20,Suite 2-36 '
North Andover,Massachusetts 01845
P (978)685-9535
F (978)688-9542
M-E-M-O
TO: Arthur Kotsironis c/o Arthur's Pizza
Cc: Judy Tymon, Town Planner
FROM: Mary Ippolito, Planning Department
DATE: January 20, 2009
SUBJECT: Procedures relative to Special Permit for installation of drive-thru,take-
out window.
Please be advised that according to the decision granted on 9/18/2008 you are required to
record the decision and record a mylar at the Registry of Deeds. You are also required to
file a bond in the amount of$2,000.00 with the Planning Department.
Please see the attached decision.
W/attachment
BOARD OF APPEALS 688.9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
ICI 7 E I V E D
F.,
O� tAORTH
Town of North Andover
CV
Office of the Planning Department 2000 SEP 19 P M, 06'
jo Community Development and Services Division
1600'Osgood Street
'4 0 T H "
1 0'
HCHU North Andover,Massachusetts 01845 M A S S A CH U ,
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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 8.3, 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:
l hAndove olanning Board
S
otn Simons,Chairman
Richard Rowen
Michael Walsh,
Tim Seibert
Jennifer Kusek
The Plannincr Board hereby unanimously APPROVES the Site Plan Special Permit for the
t�
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
Finally the Planning Board finds that this project complies with the Town of North Andover Zoning
Bylaw requirements as Iisted 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 PIan—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
3
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 Applict
must submit a letter from the architect and engineer of the pro anject 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
5
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DRAFT 5/7/08 }o E�t,L� �b�o
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4 ACHUS���y
5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 May 6,2008
8 Minutes of the Meeting
9 Changed location of the Meeting it's @ Senior Center located behind Town Hall,
10 120R Main Street
11 7:00 PM
12
13 Members present: John Simons, Chairman
14 Alberto Angles, Vice Chairman
15 Jennifer Kusek, Clerk
16 Richard Rowen, regular member
17 Timothy Seibert, alternate member
18 Richard Nardella(joined the meeting later in the evening).
19
20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito,Recording Secretary
22
23
24 Chairman Simons introduced the panel to the assembly and called the meeting to order at
5 approxima�ciy 7:15 pm.
26
27 CHAIR ANNOUNCED THE FOLLOWING POSTPONEMENT(S):
28
29 The DF Parker Company,LLC, 500 Sutton Street, Map 74,Lot 1-B. Site Plan Review
30 Special Permit to permit the construction of a 20,540 s.f two floor masonry and steel pet care
31 facility and a Watershed Special Permit for the construction of a detention basin in the Non-
32 Discharge buffer zone waiver for June 3, 2008within the I-2 zoning district. . Applicant
33 submitted waiver for June 3, 2008
34
35 T. Mobile,Wireless Communications, 451 Andover Street, Map 24, Lot 28. Special Permit
36 to allow the replacement of existing three antennas with three antennas of a similar sized model,
37 mounted in same locations, and the construction of one additional radio cabinet adjacent to
38 existing radio cabinet on the rooftop within the General Business zoning district. Applicant
39 submitted a waiver until May 20, 2008,
40
41
42 CHAIR CALLED FOR THE FOLLOWING DISCUSSION:
43
44 1. Arthur Kotsironis, Arthur's Pizzeria, 1060 Osgood Street. Discussion involving the
45 construction of a drive-through to the existing building and reconfiguration of parking site-
46 design.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 1
DRAFT 5/7/08
1 Lincoln stated this proposal was presented a couple of years ago, and was denied. However, Fire
2 Chief Marteneau has submitted a letter stating he doesn't have a problem with the granting of a
3 drive-thru.
4 �G
5 Arthur Kotsironis,was present and stated that he moved the parking spaces on a 10-degree angel, ,
6 �e d„installed sprinkler where window is going to be, buzzer to indicate dire,signs indicating right of °
7 p way or how high etc. Applicant stated he attended a TRC meeting and no one had any issues
8 with this request,
9
10 AA stated that when Mr. Kotsironis submits a formal Site Plan application highlight where these
11 changes are located.
12
13 RR stated check the distance across and that it's still 9 feet whenlhi creates the angel parking
14 spaces.
15
16 AA asked what is width &how wide is drive-thru? It's 18 feet from wall to the lane.
17
18
19 CHAIR CALLED FOR CONTINUED HEARING(S):
20
21 Z 880 Great Pond Road, - Map 103, Lot 111. Watershed Special Permit to raze existing
22 dwelling and construct a single-family dwelling, driveway, & roof runoff infiltration system
23 within the Non-Disturbance district within the R-1 zoning district. ZBA modification for
*2 4 Variance was granted. Decision drafted.
25
26 Lincoln presented a letter from VHB w/comments. VHB has addressed all comments and
27 concerns and Lincoln drafted a decision.
28
29 Lincoln forwarded comments from Chairman Simon's to VHB. Chair would like to see a
30 stronger statement that the post-development impact is less than the pre-development and that
31 construction process meets best practices. Chair stated VHB's note should have more stringent
32 language in it,just said they followed the Bylaw and that there is no significant degradation.
33 Chair wants fertilizers restricted before and post construction.
34
35 Pat Bower, Engineer, stated that Con/Com has wording regarding using slow release of
36 fertilizers on this project. Chair wants Mr. Bower to add this fertilizer issue in his letter.
37
38 AA stated PB includes verbiage in our conditions in our decisions and it's in there now.
39 However, Chair is asking for more stringent verbiage to be added to PB conditions. Applicant
40 letter is ok, it's VHB's letter that is vague. AA stated if we were to ask VHB if there are further
41 recommendations he's sure VHB would provide them to us.
42
43 RR stated VHB should be able to state this is less intrusion than the current conditions and
44 should be able to say this is an improvement.
45
46 Chair wants more from VHB than they gave us.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 2
DRAFT 5/7/08
1
2 Mr. Bower stated that Mr. Ercolini wants to interview people to get this project started; he may
3 have to ask for an extension for the variance.
4
5 RR stated that VHB should come up with the wording "there's an improvement". Ask VHB to
6 agree or disagree w/Pat Bower's letter.
7
8 Chair wants VHB to use language"they have used best practices".
9
10 RR stated VHB is conservative; they are reluctant to say that we won't have a problem.
11
12 JK stated she would like to see VHB say something stronger than this last letter. If there is an
13 issue why they can't then what is the issue?
14
15 Chair stated PB might have to reopen this application if VHB doesn't give us the letter. Increase
16 the bond by a few thousand dollars.
17 Motion to close public hearing by RR, 2nd by AA, unanimous vote.
18
19 See edits: Change the date of VHB letter see findings of fact section in decision. Chair read his
20 letter. Edits to decision....3C prior to the issuance of a building permit, get everything set before
21 the building permit is issued. RR in finding of fact see A....put that as the first sentence under 1.
22 The PB bases the findings of the fact. JK asked if hours of construction are included in decision?
23 Lincoln stated no that's more for commercial projects. Applicant filed a detailed construction
?4 plan. Chair wants Lincoln to put this into the conditions of the decision. Put in ii-ndated letters
25 too. Bond amount$6K.
26 Motion by RR to approve Watershed Special Permit for 880 Great Pond Road as amended
27 this evening,2nd by AA,vote was unanimous 5-0. Chair requested Lincoln to send the PB a
28 copy of the final letter from VHB.
29
30
31
32 3. RCG, 21 High Street,Man 0690 & 068.0 Lot 001 & 0010. Site Plan Review Special Permit &
33 Definitive Plan approval for PDD Special Permit for Phase 2, which shall include renovation,
34 conversion of approximately 65,000 s.f. of existing vacant space and total of fifty residential,
35 loft style, one & two bedroom residential units located within the second and fourth floor of
36 Bldg. #3A and fourth and fifth floors of Bldg. #1 the conversion of other space within the
37 existing building to commercial uses along with parking and other improvements on the
38 premises within the I-S zoning district.
39 Atty. Smolak was present, stated we're in the final stages, VHB issued their final review and said
40 drainage issue has been satisfied. Our Engineer and their Engineer resolved the final issues of
41 this project.
42
43 Lincoln submitted a letter to the PB tonight. On Water St. there are notes indicating they will
44 use the existing landscaping in that area, is it part of phase 1 or phase 2?
45
46 Atty. Smolak stated phase 1 covered landscaping of this phase.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 3
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1
2 Lincoln stated proposed 4 foot wide landscaping buffer needs to be clarified. Atty. Smolak stated this is a
3 4-phase project to be approved from phase to phase.
4
5 Lincoln stated he wants more clarification on landscaping. Atty. Smolak stated the landscaping
6 plan for phase 1 that was submitted was approved.
7
8 David Steinberg stated he treated the approved landscaping in Phase 1 as approved for in phase
9 2.
10
11 Lincoln wants to know what lighting is detailed?
12
13 Chair stated he wants Lincoln to submit this punch list to Mr. Steinberg. Lincoln recommends
14 the PB close the public hearing tonight.
15
16 AA asked is there procedural processes to take place regarding phase 1 approval? Lincoln stated
17 if modifications were presented they would be for the individual phase at that time.
18 Motion to close public hearing by AA, 2nd by RR,vote unanimous. Draft a
19
20
21 CHAIR CALLED FOR TOWN MEETING WARRANT ARTICLES:
22
23 4. Article 16: Report of the Community Preservation Committee and Appropriation from
A the Community Preservation Fund. (Petition of the Community Preservation
25 Committee).
26 Chair stated see page 33 of the Town Warrant and gave a brief overview:
27
28 Old Police Court Refurbishment—Property was located next to the Senior Center. They will
29 work on historical piece of work in Town Hall.
30
31 Stevens Estate Restoration (Windows (Phase I1). Started program last year to redo the windows
32 at Stevens Estate, this will continue to replace with historically correct windows. Money is
33 already there in CPC and we're just appropriate it.
34
35 Former Greenery ropert y sponsored by NOAH who purchased this property and filed a 40B
36 application. $l0M to do the project, federal tax credits will fund the building of the Greenery as
37 well as CPC. Rental units are permanent affordable. Chair has information regarding financials.
38 42 units.
39
40 Reserve for Open Space is 10 percent of money taken in. Preserve historical and administrative
41 costs. AA stated this affordable housing is terrific, why didn't this pass at last year's Town
42 Meeting? Because the 40R project was coming up and people that would get us to 10 percent
43 limit. There was uncertainty related to the Police Station.
44 Motion by AA to recommend favorable action on Article 16, 2nd by RR,vote was
45 unanimous.
46
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 4
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1
2 5. Article 32: Amend Vote Article 42-1997 Annual Town MeetinjZ Removal of Development
3 Restrictions on Map 62, Parcels 18, 9, 64. (Petition of Board of Selectmen) Article
4 continued from April 29, 2008.
5
6 Tyler Munroe apologized for not attending the prior meetings.
7
8 Chair pointed out to a tributary located on the plan and stated potentially applicant may have a
9 problem. Mr. Munroe stated the restriction is on the whole Town Farm. BOS said ok.
10 Con/Com wanted language to say restriction would only be lifted on the affected areas.
11
12 Tom Zahoruiko stated this contains 4 parcels and restrictions are across the entire parcels.
13
14 Chair remembers when Buddy Cyr did this. When PB petitions the legislature he would petition
15 from the meets and bounds,which represents 7 or 8 percent of the entire parcel.
16
17 RR wants to know where the tributary actually runs, the field is then within 100 feet of tributary?
18
19 Mr. Zahoruiko stated the rules and regulations need to be complied with that means a more
20 technical presentation needs to be submitted. Al Manzi, II is fine as long as language refers to
21 the parcels affected. RR asked take the restriction off where you are allowed to build.
22
23 Mr. Zahoruiko stated the article should be narrowed down to actual restrictions.
?.4
25 Work w/Town Counsel regarding wording.Who is writing language from (Mark Rees office).
26
27 PB stated the language has to be consistent w/State and in the Warrant Article. Get the language
28 in article.
29
30 AA asked if grading prohibited within 100 feet. Lincoln said you couldn't build within 50 feet.
31
32 Mr. Munroe should get information on that one piece that the Chair feels there is a problem
33 w/Con/Com. Chair thanked Mr. Munroe and Mr. Zahoruiko for their time and input.
34 PB stated they would vote at the meeting the night of Town Meeting.
35
36
37 6. Article 33: Amend North Andover General Bylaws, New Chapter, Chapter 160 Storm water
38 Management & Erosion Control Bylaw. (Petition of the North Andover Division of Public Works)
39 Article continued from April 29, 2008.This will be withdrawn at Town Meeting,
40 Postponed until Town meeting.
41
42
43
44 7. Article 43: Amend North Andover Zoning Bylaw— Section 4.126 - Business 1 District and Section
45 4.127 Business 2 District. (Petition of the Board of Selectmen) Article continued from April 29,
46 2008.
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 5
DRAFT 5/7/08
1 PB does not understand this article.Apparently this is to keep big boxes out. Chair will call BOS member
2 to see if he wants to move forward or withdraw without prejudice.
3 PB stated to hold off until Tuesday.
4
5
6
7 8. Article 44 Amend Zoning Map - 2302 Turnpike Street Assessors Map 108A, Lot 9 from
8 Residential (R-2) to Business 2 (B-2). (Petition of John Smolak) Article continued from April 29,
9 2008.
10 Atty. Smolak will present tonight.He needs to discuss w/Town Counsel regarding restricted covenant,
11 this is a private restriction, so why does Town Counsel need information why does this belong in front of
12 the selectmen?
13
14 AA stated he doesn't like putting restrictive covenants on zones.
15
16 JK stated within that type of framework she doesn't mind seeing a drive thru, or pharmacy, she's
17 concerned if they go forward and seeing a stand-alone pharmacy. The owners should sign this prior to the
18 Town Meeting.
19 Motion by RR to take favorable action on Article 44, pending the signed copy of covenants,2"d by
20 TS,vote was unanimous.
21
22
23 Article 45 -Amend Zonin Map 4 parcels,396-398 404 424 and 426 Andover Street.
24 Attorney Dom Scalise submitted a letter requesting to withdraw without prejudice from consideration at
25 the Annual Town Meeting scheduled for May 13,2008.
6 PB did not vote on this tonight.
27
28
29
30 DISCUSSION:
31 Lincoln to work on presentation on portion of CDD3 corridor.
32 Charlie Salisbury would like to be able to write these articles in 1/3 of the space that they
33 currently take.
34
35 RR should take a look at this, and not show every single parcel.
36
37 Lincoln to send the Warrant Articles to Richard Rowen & send him the maps too.
38
39
40 DISCUSSION:
41 RR stated they are getting ready to finish off the project located at the Old Center. Rotary should
42 be looked at the whole rotary should be off set more toward the common. When coming from the
43 Common heading toward the Fire Station vehicles head straight and don't make any stopping.
44
45 AA stated maybe by striping or some different surface they may make things better.
46
47 Please note: Rick arrived at 8:50 pm and stated he will attend the Planning Board meeting of
48 May 20tH
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 6
DRAFT 5/7/08
1
2
3 APPROVAL OF MEETING MINUTES:
4 April 1,2008
5 April 15, 2008
6
7 Motion by JK to approve the Minutes of the Meeting of April 1 and April 15, 2n by TS, motion approved
8 &vote was unanimous.
9
10
11
12 PLANNING BOARD MEETINGS:
13 ■ May 13,2008—Annual Town Meeting
14 ■ May 20,2008— Regularly Schedule Planning Board Meeting
15 ■ June 3,2008— Regularly Schedule Planning Board Meeting
16
17
18 Motion to adjourn by AA, 2nd by JK, adjourned at approx. 9:00 pm.
19
20
21
22 NOTE: The Planning Board reserves the right to take items out of order and to discuss and/or vote on items that
23 are not listed on the agenda.
24
25 By order of the Planning Board
)6
27
28 Approved
29
Planning Board Meeting
Minutes of the Meeting
May 6,2008
Page 7