HomeMy WebLinkAboutDecision - 478 CHICKERING ROAD 7/12/2000 ,AORT�j
"r own of North Andover 1
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OFFICE OF
COMMUNrrY DEVE1,OPMENT AND SERVICES
27 Charles Street
Notili Andover, Massachusetts 01945
WILLAAM.1. SCOIT
Director
(979)688-9531 Fax (x)78) 688-9542
NOTICE OF DECISION
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Any appeal shall be irded
Within(20)days after the I J
j'tj in:1
Date of filing this Notice
In the Office of the Town C>`
Clerk
Date: July 12,2000
Date of Hearing: July 11,2000 01
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Petition of- Salvatore Lupoli
28 North Broadway, Salem,NH 03079
Premises affected: 478 Chickering Road
Referring to the above petition for a site plan special permit from the requirements of
Section 11 of the Zoning Bylaw
So as to allow: the construction of a 1763 square foot retail building resulting in
nine new parking spaces at 478 Chickering Road.
After a public hearing given on the above date,the Planning Board voted to APPROVE,the
site plan special permit, based upon the following conditions:
Signed—e�'
Alison Lescarbea%Chairman
CC: Applicant
Engineer
John,Simous.,Vice Chairman
Alberto_Aules less Clerk
Richard Nardella
Richard Rowen
williffln Cnnnin harp
BOARD OF APPEIAI.T� 688-• 541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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478 Chickering Road
Site Plan Review- Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 1,763 square foot retail building located in the G-B Zoning District.
This Special Permit was requested by Salvatore Lupoli, 28 North Broadway, Salem, NH
03079. This application was filed with the Planning Board on May 5, 2000.
The Planning Board makes the following findings as required by the North Andover
Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the General
Business Zone and involves the construction of a retail building.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. Extensive landscaping has been provided around the frontage of
Chickering Road and a portion of Main Street Landscaping is also proposed along
the rear of the building and near a portion of the parking lot.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. By
eliminating the curb cut on Chickering Road and reducing the opening of the curb cut
on Main Street, the site will improve both traffic and pedestrian flow.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw requirements
and has been reviewed and approved by the Outside Consulting Engineer, Vanasse,
Hangen Brustlin, Inc;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
1. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plan must be reviewed and approved by the DPW and the Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of filing the decision
with the Town Clerk.
b) A bond in the amount of five thousand ($5,000) dollars must be posted
for the purpose of insuring that a final as-built plan showing the location of
all on-site utilities, structures, curb cuts, parking spaces, topography, and
drainage facilities 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 Department.
2. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b) During construction, the site must be kept clean and swept regularly.
c) The applicant must supply a copy of the Massachusetts Highway
Department permits necessary for construction of the site to the Planning
Department.
d) Dust mitigation and roadway cleaning must be performed weekly,or as
deemed necessary by the Town Planner,throughout the construction process.
3. Prior to FORM U verification (Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three (3)
copies of the signed plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the
Planning Department.
4. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate the
site. All lighting shall have underground wiring and shall be so arranged
that all direct rays from such lighting falls entirely within the site and shall
be shielded or recessed so as not to shine upon abutting properties or
streets. The Planning Staff shall review the site. Any changes to the
approved lighting plan as may be reasonably required by the Planning Staff
shall be made at the owner's expense. All site lighting shall provide security
for the site and structures however it must not create any glare or project
any light onto adjacent residential properties.
c) The building must have commercial fire sprinklers installed in accordance
with the North Andover Fire Department.
5. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be
reasonably required by the Planning Staff will be added at the applicant's
expense. Specifically after the detention pond is completed, the Town
Planner will review the site and any screening as may be reasonably
required by the Town Planner will be added at the applicant's expense
b) A final as-built plan showing final topography, the location of all on- site
utilities, structures, curb cuts, parking spaces and drainage facilities must
be submitted to and reviewed by the Planning Staff and the Division of
Public Works.
6. Any stockpiling of materials (dirt, wood, construction material, etc.) must be
shown on a plan and reviewed and approved by the Planning Staff. Any approved
piles must remain covered at all times to minimize any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered.
7. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m, and 5:00 p.m. on Saturday.
9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall be
replaced by the owner.
10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
11. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
12. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
13. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
14. 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.
15. Any action by a Town Board, Commission, or Department, which requires
changes in the plan or design of the building, as presented to the Planning Board,
may be subject to modification by the Planning Board.
16. Any revisions shall be submitted to the Town Planner for review. If these revisions
are deemed substantial, the applicant must submit revised plans to the Planning
Board for approval.
17. This Special Permit approval shall be deemed to have lapsed after July 12, 2002
(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.
18. The following information shall be deemed part of the decision:
Plan Titled: Mary's Just Pasta
Prepared for: Silvestri Development Corporation
Prepared By: Joel David Silverwatch, 163 Main Street, Salem,NH 03079
Scale: 1/4"=1'0"
Date: 3/29/00
Plan Titled: Mary's Just Takeout
Prepared for: Salvatore Lupoli, 28 North Broadway, Salem,NH 03079
Prepared By: TF Moran, 21A Street, Burlington, MA 01803
Scale: 1"=10'
Date: April 28, 2000, revised 6/5/00
cc: Applicant
Engineer
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