HomeMy WebLinkAboutCorrespondence - 267 CHICKERING ROAD 1/13/1992 KAREN H.P.NELSON ' �T
Town ® 120 Main Street, 01845
Director
BUILDING ``° NORTH (508) 682-6483
' : ';:.��
CONSERVATION yB��CHUBF DIVISION OF
HEALTH
PLANNING PL,ANNING & COMMUNITY DEVELOPMENT
MEMORANDUM
To: James Gordon, , Town Manager
From: Karen Nelson � irector DPCD
Re : Attorney Mar is letter of 8/18
Date : September 15, 1993
-----------------------------------------------------------
I know you wanted to discuss the above matter with me when you
return. As a quick follow up, it is my understanding that the
Ninety-Nine Restaurant did not receive a legal notice by mail based
upon the certified list of abutters which the Assessor' s Office
verifies . However, a legal notice is posted in Town Hall and is
published two consecutive weeks in one of the local papers .
Z would be glad to meet with Attorney Morris and/or David
Lanzoni and provide them with an opportunity to review the approved
PRD plan for Cobblestone Crossing and answer any questions they may
have regarding the decision.
FN/MORRIS
SWµ �
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�\ TOWN OF NORTH ANDOVER, MASSACHUSETTS
i OFFICE OF
TOWN MANAGE
120 MAIN STREET,01845
NORTH
?O'�nao 'a 1•t•O
James P. Gordon e - �� TELEPHONE 6826483
Town Manager ►- A
t •
s i #
sACHUS t�
MEMOP,AMUM
TO: Karen Nelson, Dir. , Div. of Planning & Comm. Dev.
FROM: James P. Gordon, Town Manager
DATE: August 26, 1993 `
RE: Letter from Att ey Morris, August 18, 1993
After you have had a chance to review the enclosed
correspondence from Attorney Morris, I would like to discuss this
matter with you. Thank you.
Enclosure
JG:map
ATTORNEYS AT LAW
32 CHESTNUT STREET
ANDOVER,MASSACHUSETTS 01810
MICHAEL W.MORRIS TELEPHONE(508)475-1300
LAURENCE J.ROSSI FAX(508)474-0478
DANIEL A.HAYES,JR`
MELISSA MORRIS DANISCH'
`Also admitted in NH - Y
August 18 , 1993
;E
James Gordon, Town Manager
Town of North Andover OFfICE�F'i0.. =
Town Hall
North Andover, MA 01845
Re : Dana Doe, Trustee
Ninety-Nine Restaurant
Dear Mr . Gordon:
Please be advised that this office represents the
referenced land owner whose property is located at 267
Chickering Road, North Andover, Massachusetts .
It has recently come to my client ' s attention that a
residential subdivision is about to be constructed on land
abutting his . A quick investigation revealed that my client
never received formal notice from the Town of North Andover
Planning Board which he is entitled to, as you know, by statute .
As you are also aware, my client has worked in close
cooperation with the Town, its various departments and its
officials in order to create a restaurant that both he, his
organization and the Town can be proud of . It was with this
thought in mind when David Lanzoni, District Manager for the
Ninety-Nine Corporation, brought the aforementioned fact to the
attention of at least two of the Town' s officials . . On both
occasions, he was informed that the Town had sought legal
opinion and that this opinion informed them that Mr . Lanzoni
and his employer were without legal recourse. At no time has
any one offered either an explanation or an apology for this
potentially critical omission. Obviously, my client may have
wanted to have had the opportunity to comment or object to one
or more aspects of this development . As it so happens , my
client is quite sensitive to the difficulties that both a
developer and a community face in creating a business venture
that is both legally in compliance and aesthetically pleasing .
It neither had nor has any wish, as it so happens, to create
any unnecessary difficulties for either the Town or the
developer .
James Gordon, Town Manager
Page Two
August 18, 1993
Notwithstanding the foregoing and consistent with its
desire to be a positive force in the community, my client
wishes me to state for the record, and without prejudice to
whatever its legal rights may be, that it would be most
appreciative if the Town could extend the courtesy of
appropriate notification in the future.
My client is anxious to cooperate in any way that it can
with the developer and the Town.
Ver� t4 y fir
i ael W. orr s
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LAW 01wC11d oN
CARMINE W. DIAAAMO.
4Q APPLETON WAY
LAWRENCE, MASSACHUSE'T'TS 01840
AREA COUlt .0
CARMINE W. Di AbAMo 485.4271 688.8594 PARALBOAL
11AX: 794.4743 ANNA M, BEDROSIAN
RNI'. wRlf K M. PA1RMIRN
FAX nANSMITrAL COVER SHEET
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
DATE 10/7/91
PLEASE DELIVER THE FOLLOWING PAGES TO:
NAME: Karen Nelson
COMPANY-
-Town of North enrinu—n-"
I►v�/
CITY;
FAX NUMBER; 682 -2996 cc : David Lanzone Fax No . 617 933 0821
INIS COMMUNICATION BEING SENT BY;
NAME: Carmine W. DiAdamo
IF YOU DO NOT RECEIVE ALL PAGES CLEARLY
AS SMN AS MIMI-
- - - - - - - - - - - - 6 - - - - - - - - - - - - - M
NUMBER OF PAGFS__a,,- INCLUDING COVER SHEET
TRANSMITTING FROM FAX NO (508) 794-4743
TIME SENTs_. OPERATOR'S INITIALS
- - - - - - - - - - - - - - q- y- ...q. - .-- - - -w - - -- -. -w - .-w - - - - - .- - - -r - -u
MZSSAGEt ate; 99 Restaurants
Dear Ms . Nelsen:
This communication should confirm our telephone Conversation of
October 7, 1991 .
By Decision dated September 20, 19917 the North Andover Zoning
Board of Appeals granted the Doe Family Trust (99 Restaurant) a
variance with respect to travel aisles and parking spaces , The
Variance was granted subject to conditions. One of the conditions
provided that the perimeter of the property , with stated
exceptions, would be surrounded by a 4 ft. , high earthen berm within
a 15 Ft. buffer zone.
After the publication of the Decision, representatives of the 99
and Town representatives (most notably) Robert Nicetta, Chris
Huntress and William Humariek) met concerning the drainage impact
OFage 2 FAX 10/7/91 ate: 99
of the mandated berm on contiguous property ,
a
At ppears probable that if the berm is constrcte , a water retention l ;
area will be created behind the berm away from the restaurant
causing drainage problems on the abutting and. I
because the topography of the surrounding 8 This will occur
the area where the berm would be created.property slopes therefore,
would act as a dam to normal run-off .
Accordingly, the 99 Restaurant proposes
into the following agreement : that the Town and it enter
1. That the 99 Restaurant complete the full en ineerin ,.
respect to the impact of the berm; g g study with
2. That the engineering information be submitted to
distribution to other Town officials for verification' for
data; of the
3. If the berm can be created without an adverse dra
on either side of the berm, the 99 Restaurantn $agrees to
construct the same; g p
4. If the Town and the 99 concur that the berm will
undesirable water retention area create An
constructed. However, the problem tof screenings will be Dot be
submitted for design review, along with the concerns of the
Zoning Board and the 99 will, screen the Property in ac
with the Decision arrived at after design review. cordance
If the foregoing agreement meets with the approval of the Town or
' alternatively, the Town wishes to .propose an alternative agreement
which addresses the same issue, I would like you to contact me
tomorrow so that a solution can be effected using the procedure I
outlined to you on the telephone .
Thank YOU for your courtesy and cooperation with respect
matter. p to this
Carmine W. DiAdamo
I
i
MA OFFICE&DISTRIBUTION CENTER 160 OLYMPIA AVE[ WOBURN,MASSACHUSETTS 01801-2020
617/033-6999
Nine
Restaurant-Pubs
September 25, 1991
Mr. Christian Huntress, Town Planner
Town of North Andover
123 Main Street
North Andover, MA 01545
Dear Mr. °aiunti:ess a
This letter will confirm the conversation with you, Bob
Nicetta and myself pertaining to the parking situation at the
North Andover 99 on September 24 , 1991. I understand that we
can place crushed stone on the newly re-zoned area adjacent to
the restaurant as long as we stay within the buffer zone
surrounding the property, and that the "newly" formed parking
area not exceed the boundary beyond Bulger's Animal Hospital,
and that we still plan to appear in front of site plan review
in the near future.
If you have any questions, please feel free to contact me.
Sincerely,
David L. Lanzohi
Operations Director
99 Restaurant-Pubs
DLL/lmd
131D
KAREN H.P.NELSON Town of .120 Main Street, 01845
Director
NORTH ANDOVER, (508) 682-6483
BUILDING
CONSERVATION DIVISION OF
PLANNING PLANNING COMWITNITY DEVELOPMEN'r
TO: PLANNING BOARD
FROM: CONSERVATION COMMISSION, CONSERVATION ADMINISTRATO1Q)K
DATE: SEPTEMBER 10, 1991
RE: 99 RESTAURANT/PUB, 267 CHICKERING ROAD
The 99 Restaurant/Pub recently filed a Request for a
Determination of Applicability with the Conservation Commission.
At the September 4, 1991 Public Hearing, the Commission voted to
issue a Negative Determination (no wetlands are located adjacent
to the proposed work) with the condition that haybales be staked
along the rear property line. In addition, the Commission
directed the Administrator to send a Memorandum to the Planning
Board indicating that flooding issues are a concern to the
Commission as well as abutters. Of main concern is the possible
net increase in peak flows from the site, a decrease in flood
storage, and the maintenance of the proposed drainage system. If
the Planning Board has any questions regarding this memo, please
contact the Conservation Administrator.
of
KAREN H.P.NELSON Town ®f 120 Main Street, 01845
Director ®�T� �®�E� (508) 682-6483
BUILDING
°cHUeE
CONSERVATION DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
July 3 , 1991
Ninety Nine
Mr. Dana G. Doe
160 Olympia Ave.
Woburn, MA 01801-2021
Re: Technical Review Committee
Ninety Nine Restaurant - Chickering Road
Dear Mr. Doe:
I would like to thank you for attending the Technical Review
Committee meeting on July 2, 1991 in order to review the
preliminary site plan of the proposed reconstruction of the 199 '
Restaurant. The following issues were discussed:
Division of Public Works
• Utilities need to be shown on the plan.
• Drainage calculations accompanied by a plan shall be
submitted for review to ensure that zero increase in runoff
can be achieved as well as flood storage on-site.
• Backflow devices must be installed in the fire line.
• A new and larger sewer line will be connected to the new
building which will require a road cut. It is imperative to
coordinate this construction with the repaving project to be
done this July/August by the State DPW contact Mr. Twomey.
* Curb cut permit(s) shall be applied for and approved by
the State DPW (District 5) .
* The new watermain will be primarily in the road shoulder.
Fire Department
* The building shall be sprinklered with fire alarm system
required by the Fire Chief.
Note: the system must be activated until the actual
demolition crew is on site.
Page 2 .
Division of Planning & Comm. Dev.
* Parking:
Location of handicap parking shall be in the closest
proximity to the building's main access/egress (a
variance from section 23 . 2 must be obtained from the
Architectural Barrier Board which is necessary to place
said parking as proposed on the plan discussed at the
meeting) .
* Variance from Zoning Board of Appeals for reduction in
drive path from 25 feet to 20 feet.
* Sidewalks shall be wider than 7 feet.
* Every exterior door is to be an 'accessibility door' to
handicap individuals.
* Bathroom door opening must be adjusted to the proper width
for handicapped access.
* Contact the Conservation Commission Administrator for
field verification of any wetlands on site.
* Provide detailed kitchen plans to the Health
Administrator, as well as brochures of any new equipment to
be installed.
* The manager of the restaurant will be required to meet
with the Health Administrator.
The number of parking spaces, parking layout and design, and
landscaping shall be further reviewed by the Town Planner,
Building Inspector and Planning Board. The timing and phasing of
construction shall be submitted at the time of Site Plan review
by the Planning Board.
The Technical Review Committee shall be making every effort
to assist in the development of your plans through the permitting
process. Kindly keep us apprised of your progress regarding
permits from the State, as well as your site plans. As you know,
we are still awaiting the approval of the rezoning from the State
Attorney General ' s Office. Until the time approval all permits
from the Town of North Andover will be contingent upon this
approval.
Regards,
Ka en H.P. Nelso
Director, Planning & Comm. Dev.
MA.. OFFICE&DISTRIBUTION CENTER • 160 OLYMPIA AVENUE WOBURN,MASSACHUSETTS 01801-2020
617/933-8999
NNinem
m inety
Restaurant-Pubs
May 8, 1991
Ms. Karen Nelson, Director
community Planning & Development
Town of North Andover
123 Main Street
North Andover, MA 01845
Dear Ms. Nelson:
Thank you for words of support at last night's town
meeting. Wa.thout your input, we might have not been as
successful as we were.
once again, thank you.
Respectfully,
f
David Le Lanzoni
operations Director
99 Restaurant-Pubs
DLL/lmd
Post-It"routing request pad 7884
ROUTING T
Please f
LJ READ To
❑ HANDLE I��' I� C POLICY.
❑ APPROVE t I ICE
and } t t i5y wn f bW
E] FORWARD iACHUSETTS PHONE:
❑ RETURN `- 0 S }683-3168
` ��C1tiG �2�j ( ' v 4 1
❑ KEEP OR DISCARD r 7 t
/ _p ��
E REVIEW WITH ME r
Date
From
a
March 5, 1991
Mr. David L. Lanzoni, Operations Director
The Ninety Nines
160 Olympia Avenue
Woburn, Ma. 01801-2021
Dear Mr. Lanzoni:
This letter of support has been prepared in anticipation of the
warrant article for May Town meeting which deals with a North Andover
zoning by-law change. The requested change from Residence-3 (R-3) to
General Business District (GB) will provide for additional parking at the
Ninety Nine club on Chickering Road. Over the last few years this issue
has come up numerous times but for some unfortunate reason has never
materialized.
The North Andover Police Department has been working closely with
the management of the Chickering Road Restaurant regarding vehicles parked
on Rte 125. The effort put forth by both organizations has been commendable
yet on street parking continues to be a problem. We have had non alcohol
related accidents in this area which can be attributed to crowded parking
conditions both on the state highway as well as in the lot entrance. I
fully support your article which will eliviate this traffic problem in the
future and hopefully make both Rte # 125 and the Ninety Nine parking lot
safer for all motorists.
If I may be of any further assistance in this matter, please feel
free to call.
Sincerely,
Richard M. Stanley
CHIEF OF POLICE
cc: James Gordon, Town Manager
Baran Nelson, Director, Division of Planning
and Communitee Development
'i
i
F
Permits - North Andover
November 15, 1991
Mr. Dana Doe
160 Olympia Avenue
Woburn, MA 01801
Dear Mr. Doe:
The Department is requiring that you advise us in writing of the
status of the additional engineering data (drainage analysis) in
preparation for a permit pertaining to the expansion of your fac-
ility located at 267 Chickering Road in the Town of North Andover.
This inquiry is being made as we have noticed work has commenced
on this expansion.
Thank you for your cooperation in this matter.
Very tr ly yours
XA4t�
David J. Wilson
District Highway Engineer
FJH/mfc
cc: DJW
MWS
MK
MS
�, ..., No.Andover Planning Dept.
NOR 1l
KAREN H.P.NELSON TOWN Of 120 Main Street, 01845
Director (508) 682-6483
NORTH ANDOVER
BUILDING :::o 9
CONSERVATION eBA HUS DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
August 3, 1993
Mr. David L. Lanzoni
Operations Director
99 Restaurant-Pubs
267 Chickering Road
North Andover, MA 01845
Re: Dumpster at the 99 Restaurant
Dear Mr. Lanzoni,
One of the conditions for approval of the expansion of the
99 Restaurant is that the dumpster area be secured with a solid
wooden picket fence at least 6 ' in height, or other alternative
as approved by the Planning Staff. Currently there is a three-
sided concrete block enclosure surrounding the dumpster.
The dumpster must be enclosed on all four sides. This can
be accomplished by the addition of a wooden fence or possibly
even a chain link fence across that open side. I would like to
meet with you or your representative to discuss this. Please
give me a call at your earliest convenience. I can be reached at
682-6483 ext. 24 .
Sincerely,
Kathleen E. Bradley
Town Planner
CC. K. Nelson, Dir. PCD
R. Nardella, Chair PB
B. Nicetta, Build. Insp.
99Rest. 1
MAIN OF ._c&DISTRIBUTION CENTER 160 OLYMPIA AVENUE WOBURN,MASSACHUSETTS 01801-2020
617 933.8999
Noinety
0
Nine
Restaurant-Pubs
December 6, 1994
Kathleen Bradley Colwell
Town Planner
Town of North Andover
120 Main Street
No. Andover, MA 01845
Dear Ms. Colwell:
This letter is written with the intention of bringing to the
Town of North Andover some questions which have arisen with
regards to a letter I received dated November 18, 1994. The
purpose is certainly not to "create" a division between the Town
and the 99 Restaurants, but it is to try and build a foundation
with our neighbors in Cobblestone Crossing. The issue of
erecting a fence is somewhat amusing to me because quite frankly
I don't understand why there are inconsistencies within the Town
for the same issue. The Town becomes very aware of issues from
January of 1992 , but yet more current issues are not addressed.
The following are the questions of which I referred to in
the first paragraph of this letter and I would be interested in
learning the answers to such questions.
a. What is the reason the developer did not construct a stone
wall as he had shown on his plan?
b. Why is the fence an acceptable form of barrier today, and
yet 3 years ago it was not?
I
C. Why are the homeowners now responsible for construction of a
barrier and not the developer?
d. Why are there different rules and enforcement of same when
it comes to site development?
My intention is not to be an unreasonable neighbor but
simply to bring to the table some thoughts so as the resident's
of Cobblestone Crossing understand our position in this matter.
Because, as the Board is aware, the 99 was not notified as an
abutter to the Cobblestone Crossing project, to be able to voice
its concerns for the construction of private housing adjacent to
the 99 restaurant and all of the associated inherent "problems"
that arise when you mix residential zoning with commercial
m
Ninety
Ninem
Restaurant-Pubs
zoning.
1 would be happy to discuss these items with the Board on
December 6, 1994 and to address our neighbors thoughts as well.
sincerely, ,
` TDavid
L. Lanzoni
operations Director
99 Restaurant-Pubs
DLL a pah
Town of North Andover F NORTH
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES ° - A
146 Main Street
o
North Andover, Massachusetts 01845 �9 AT,o ^' c5
SSACHUSE
March 8, 1996
Mr. Randall C. Bartlett
Barlo Signs
158 Greenley Street
Hudson, NH 03051-3422
Re: Signs for the '99 Restaurant
Dear Mr. Bartlett,
Your proposed signs for the '99 Restaurant are not in conformance with the Site Plan
Review approval issued for this project. The Site Plan Review approval requires that all
signs be constructed of wood and specifically prohibits internally lit signs. It is my
understanding from speaking with the Building Inspector that the signs are also not in
conformance with the Sign Bylaw.
Although you may request a modification to the Site Plan Review approval, it is doubtful
that the Planning Board would grant a modification to allow an internally lit sign.
Furthermore, you may not request a modification until your sign is in conformance with
the Sign Bylaw or you have received a variance from the Zoning Board of Appeals.
As your proposed signs do not conform with the Sign Bylaw and you have not received a
variance from the Zoning Board of Appeals your request to appear before the Planning
Board is inappropriate at this time. If you have any questions please do not hesitate to
call me at (508)688-9535.
Sincerely,
Kathleen Bradley Colwell
Town Planner
cc. B. Nicetta, Building Inspector
J. Mahoney, Chair PB
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535