Loading...
HomeMy WebLinkAboutDecision - 478 CHICKERING ROAD 3/4/1997 JL own of North Andover OFFICE OF t, , COMMUNITY DEVELOPMENT AND SERVICES A 146 Main Street �)Y NAP, �, 4o ATt6 "� r A North Andover, Massachusetts 01 845 9S w vgLLIAM J. SCOTT '0 S^cwu �J 7 Director Torn C1•�;rk NOTICE OF DECISION p Any appeal shall be filled �LL within (20) days after the TNtsIstOcOdifyW two*(20)day.- 7i how.ela�d from date of filet! date of fillip this Notice t.� wit i:oul filing O'sdt o Lac, t3ato le,/!4 7 -r, in the ®ffice of the Town 6�yae .Btadslhaw -.° ;�� Clerk. �bwn Clerk N G� / Date March 4, 1997 Date of Hearin 12/3/96, 12/17/9.6,1/7/97 1/21/97, 2/18/N Petition of Sal's Just Pizza Premises affected Intersection of Main Street, Park Street, Chickering Road in the G-B Zoning District Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 so as to allow to construct a one story, 2300 SF building to be used as a restaurant at the intersection of Main Street, Park Street, and Chickering Road After a public hearing given on the above date, the Planning Board NF;a e voted to APPROVE the Special Permit based upon the following conditions: Signed CC: ®irector of Public Works Joseph V. Mahoney, Chairman ,Building Inspector Natural Resource/Land Use Planner Richard Rowen;Vice Chairman Health Sanitarian Assessors Alison Lescarbeau, Clerk Police Chief Fire Chief Richard Nardella " Applicant Engineer John Simons File Interested Parties Planning Board .,k BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town ®f North Andover ?ob4N°oT b,�ooL OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 146 Main Street North Andover, Massachusetts 01845 �'�s°• � °��q'� SACHUS WILLIAM J. SCOTT Director March 7, 1997 Ms . Joyce Bradshaw } Town Clerk 120 Main Street No . Andover, MA 01845 Re : Site Plan Review/476 Chickering Road (Sal' s Pizza) Dear Ms . Bradshaw, The North Andover Planning Board held a public hearing on Tuesday evening, December 3, 1996 at 7 : 30 p .m. in the Senior Center behind the Town Building, upon the application of Salvatore Lupoli for Sal' s - Just - Pizza, 29 North Broadway, Salem, NH 03079 requesting a special permit under Section 8 . 3 Site Plan Review of the North Andover Zoning Bylaw. The legal notice was properly advertised in the North Andover Citizen on November 13 and November 20, 1996 and all parties of interest were duly notified. The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons . The petitioner was requesting a special permit to allow for the construction of a (1) one story 2300 sq. ft . building to be used as a restauraunt at the intersection of Main Street, Park Street and Chickering Road in the General Business District . Ms . Lescarbeau read the legal notice to open the public hearing . Jeffrey Brem the engineer, was present to represent Sal' s Pizza at the intersection of Chickering Road & Main Street . They would like to tear down the existing Sal' s Pizza and the barber shop near the middle school, to construct a new Sal' s Pizza. The building' s combined now have a total of 19 parking spaces and 3, 000 sq. ft . They would like to retain one building to maintain operation. Sal received a variance from the Zoning Board of Appeals . The newly constructed. building would be 2, 300 sq. ft . and have 28 parking spaces . There will be catch basins on site currently the storm water simply drains into the street . The 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ;. traffic circulation will be better . They will have a mansard roof, with dormers . The building will have brick face and columns in the front . The entrance will be on Park Street . The sign will be on Rt . 125. The dumpsite will be screened with the same material as the building. Ms . Lescarbeau stated that the business would now change from mostly the take-out business to having customers sitting in and eating in the building. Mr . Lupoli stated that currently they have about 15-20 seats and will go to the maximum of 56 seats and wanted to separate dining in from take-out . Rosemary Burdett an abutter is concerned about the high level of traffic and about customers that will park on the street in front of their house to get to Sal' s . Ms . Colwell suggested that the one way entrance and exit should be reversed to allow an entrance from Park Street and an exit on Main Street to allow cars to turn onto Rt . 125 at the lights . The Board discussed the possibility of connecting the two lots and eliminating one of the access points on Park Street . Mr . Simons was concerned about what kind of material the building consisted off . Mr. Brem stated that is was made of brick and the roof would have architect shingles . The public hearing was continued to the December 17, 1996 meeting. The North Andover Planning Board held a regular meeting on December 17, 1996 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons . Jeff Brem was present representing Sal' s Pizza . Mr. Brem stated that the issue at the last meeting was to change the exit and entrances so that the vehicles would enter on Park Street and they would exit onto Main Street so they would have the lights to make traffic a little better . Mr . Brem agreed to that . Mr. Mahoney stated that he drove by the Salem, NH Sal' s Pizza to see how the building, was set up. Mr . Mahoney thought that looked very nice . Mr . Mahoney questioned why they could not connect the two parking lots . 2 I _ _ h 'LL tie Mr. Nardella asked where the sign was going to be put and where the dumpster was going to be put . Mr. Brem stated that the sign is going to be put in the parking lot on Main Street and the dumpster is going to be put behind the building were it is now. Mr. Nardella had concerns about the parking and the number of seats in the building. Mr . Brem stated that they have 28 parking spaces and that makes about 56 seats inside for customers . Ms . Lescarbeau asked what the dimensions of the building were going to be . Mr. Brem stated that they were 46' x 50' Mr. Rowen suggested that they extend the sidewalk out to the, street and that they need to landscape on the Main Street side . Mr. Nardella asked what kind of use the basement would have . Mr . Brem stated that it would only be used for storage . Mr. Simons asked what color and what style of brick was going to be used on the building. Mr . Brem stated that it was going to be red, square brick. On a motion by Mr. Rowen, seconded by Ms . Lescarbeau the Board voted unanimously to close the Public Hearing. The North Andover Planning Board held a regular meeting on January 7, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella, John Simons, Kathleen Bradley Colwell, Town Planner was also present . Ms . Colwell stated that the plan must be revised to eliminate parking spaces currently in the right of way of Park and Main Streets . The parking lot entrance and exit must be reversed to allow an entrance on Park Street and an exit on Main Street . A test pit must also be dug in the location of the drywell to determine groundwater level . Mr. Simon stated that he is against the project and that the building does not have the right orientation. It should relate to the adjacent building as it is a highly visible corner in town. On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the Board voted as follows : Mr. Rowen yes Mr . Nardella no Mr . Mahoney yes Ms . Lescarbeau yes 3 1 Mr . Simon no Mr. Angles did not vote as he is an associate member and the full Board was present . Mr. Nardella was concerned about traffic and the two parking lots . They should be connected. As a special permit for site plan review requires a vote of four members the motion to approve the special permit failed. The North Andover Planning Board held a regular meeting on January 21, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, Richard Nardella, John Simons and Kathleen Bradley Colwell, Town Planner was also present. Mr. Nardella stated that after the denial at the last meeting Ms . Colwell got Mr . Nardella, Mr . Scott and Sal together to discuss the outstanding issues . Mr. Nardella stated that they were not aware that some town officials had reviewed the plans that the Board denied. Mr . Lupoli brought 2 new plans better than the old one . On one plan Mr . Lupoli showed combined entrance ways to have one access way but with less parking spaces . On the second plan Mr. Lupoli stated that they might have some problems with the engineering with this plan and was not in favor of this plan. Mr. Simon asked if there were any changes to the outside of the building. Mr . Lupoli stated that there were no changes . On a motion as a dissenting member by Mr . Nardella, seconded by Mr. Rowen the Board voted unanimously to reconsider the previous vote. Ms . Colwell suggested that they put an entrance on the street the building is facing. Mr . Nardella thought that the building would be better served with wooden columns . Mr . Lupoli stated that would be no problem. Mr . Nardella stated that they would need to landscape the property. Ms . Colwell stated that they would need a set of revised plans and come back before the Board and Ms . Colwell will have a draft decision available . Ms . Colwell stated that to reopen a public hearing we need to put a legal notice in the paper . 4 M..§ _ Mr . Rowen stated that he would like to see a revised plan with the landscape and trees . The Board continued their discussion to the next meeting when plans will be available for review. The North Andover Planning Board held a regular meeting on February 18, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Richard Rowen, Vice Chairman, Richard Nardella and John Simons . Sal Lupoli was present representing Sal' s Pizza. At the last meeting there are some changes that some members of the Board wanted Mr. Lupoli to make . He changed columns from brick to wood. He also faced the building on Main Street to accent the store . There is a sidewalk that comes out onto Main Street with picnic tables out front . There is going to be a dumpster on the side of the building enclosed with a brick wall . There are going to be wood signs with lights facing them to accent the building. Mr. Simons stated that he thought the planned signage was an overkill . Mr. Nardella stated that as long as it is in accordance with the Bylaw he has no problem. Mr. Simons suggested that the 3 parts on the sign should be combined and it will pull it in together . Mr . Simons also stated that he would like to see a picture of the light fixtures . Mr. Nardella expressed the thought that construction during the school' s summer vacation would be helpful, and it would not,. affect the nearby Middle. School . Mr. Lupoli stated that he was planning on putting up a fence around the property during construction to keep children from getting injured. On a motion by Mr. Nardella, seconded by Ms . Lescarbeau the Board voted unanimously to close the Public Hearing. The Board instructed Ms . Colwell to have a draft decision for the next meeting. The North Andover Planning Board held a regular meeting on March 4, 1997 . The following members were present : Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman and Alberto Angles, Associate Member . Alison Lescarbeau, Clerk_ and John Simons . Kathleen Bradley Colwell, Town Planner was also present . 5 0 r... Sal' s Pizza - site plan review The Board continued its discussion of the decision. Sal Lupoli was present to represent Sal' s Pizza. Sal spoke with Bob Nicetta, building inspector, about bringing the wording on the signs closer together so it would not look like 9 signs but 3 . At the last meeting Mr. Simons stated that he would like to know what kind of lights they will be using and Mr . Lupoli stated that they were bronze colonial light fixtures . Ms . Colwell received a letter from Chief Dolan stating that the dumpster had to be moved because there is so much paper waste be disposed of and it would be a fire hazard. Mr. Lupoli stated that he had a couple of ideas for the trash disposals . Mr . Lupoli stated that he could get (2) 60 gallon tote barrels and put them out every morning and have waste management pick it up every day or they could move the dumpster to another spot . The Board agreed that Ms . Colwell can work out the trash issue with Mr. Lupoli and the Fire Chief . On a motion by Mr . Simons, seconded by Mr . Rowen the Board voted unanimously to reconsider its decision. On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted unanimously approve the Site Plan Review as amended. Attached are the conditions . Sincerely, �- lo- Joseph V. Mahoney, Chairm n North Andover Planning Board 6 476 Chickering Road (Sal's Just Pizza) Site Plan Review- Special Permit The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a 2,350 SF commercial building located in the General Business Zoning District at the intersection of Main Street,Park Street and Chickering Road. This Special Permit was requested by Salvatore Lupoli for Sal's Just Pizza, 29 N. Broadway, Salem,NH 03079 on November 5, 1996. The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it'is located on land that is zoned for business and will replace an existing commercial structure. 2. The use, as developed, will not adversely affect the neighborhood as there is an existing commercial structure on the site. 3. There will be no nuisance or serious hazard to vehicles or pedestrians as there is a reduction in the number of curb cuts and the traffic will be directed through the parking lot via two entrances. 4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of the Zoning Bylaw with review by the Planning Board as varied by the Zoning Board of Appeals; 5. The site drainage system is designed in accordance with the Town Bylaw requirements subject to the conditions of this decision; 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 any work on site,the applicant shall adhere to the following: ' a) The applicant must receive a variance from the Zoning Board of Appeals authorizing construction of the site plan. b) The final plan must be reviewed and approved by the drainage consultant, DPW and 1 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. c) The following issues must be resolved to the satisfaction of the drainage consultant, DPW and the Town Planner prior to the endorsement of the plan: i) The extent of grass and pavement must be clarified on the existing conditions plan. ii) The percent lot coverage value must be included on sheet 2 of 6 under General Notes. iii) Electric,telephone and cable t.v. etc, must be placed underground. iv) test dry well must be added to the plans to contain the roof drain storm water. A 3v� test pit must be dug at the dry well location to assure adequate soils exist and that sufficient clearance to ground water is available. ( d) Details of the proposed lighting must be submitted for review and approval by the Planning Board. The dumpster must be relocated on the plan per requirement of the Fire Chief and reviewed and approved by the Town Planner. If the applicant chooses to use garbage cans in lieu of a dumpster the location must be shown on the plan and reviewed and approved by the Town Planner. f) The sign lettering must be condensed in the middle of each sign and reviewed and approved by the Town Planner. A bond in the amount of ten thousand ($10,000) dollars shall 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 and drainage facilities is submitted. The bond is also in place to insure that the site is constructed in accordance with the approved plan. This bond shall be in the form of a check made out to the Town of North Andover. This check will then be deposited into an interest bearing escrow account. h) 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. 2. The hours for construction must be limited to between the hours of 7:00 a.m. and 7:00 p.m.. Trucking of supplies and the use of heavy of equipment must also be restricted to these hours. Sunday and Holiday construction will not be permitted. These conditions are necessary due to the close proximity of the residential homes. , 3. Prior to FORM U verification (Building Permit Issuance): Three(3)copies of the signed site plans must be delivered to the Planning Department. 2 This decision shall be recorded at the Essex North Registry of Deeds and a certified copy of the decision delivered to the Planning Staff. 4. Prior to verification of the Certificate of Occupancy: a) The applicant must submit a letter from the architect or 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) All artificial lighting used to illuminate the site shall be approved by the Planning Staff. 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 site shall be reviewed by the Planning Staff. Any changes to the approved lighting plan as may be reasonably required by the Planning Staff shall be made at the owner's expense. 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 site shall be reviewed by the Planning Staff. Any screening as may be reasonably required by the Planning Staff will be added at the applicant's expense. b) A final as-built plan showing 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. 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. 8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 10. All catch basins shall be protected and maintained during construction with hay bales to prevent siltation into the drain lines. 11. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 12. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 3 I L 13. 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. 14. 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. 15. 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. 16. This Special Permit approval shall be deemed to have lapsed after (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. l 17. The following information shall be deemed part of the decision: a) Plan entitled: Site Plan Set Sal's Just Pizza North Andover,Massachusetts Prepared for: Double N Inc. 29 North Broadway Salem,NH 03079 Dated: October 18, 1996, rev. January 28, 1997, February 11, 1997 Scale: 1"= 10' Prepared by: Meisner Brem Corporation 151 Main Street, Salem,NH 03079 Plan entitled: Preliminary Building Design Sal's N. Andover,MA Scale: 1/8"= 1" Date: 8 November 1996,Revised 26 November 1996, 15 February 1997 Prepared by: Warnick Associates, Inc. 163 Main Street Salem,New Hampshire, 03079 Report entitled: Sal's Just Pizza N. Andover,Massachusetts Site Plan Application Report Date: October 23,1996 Prepared for: Double N Inc.. 29 North Broadway Salem,NH 03079 ' Prepared by: Meisner Brem Corporation 151 Main Street Salem,NH 03079 cc: Director of Public Works 4 Building Inspector Health Administrator Assessors Conservation Administrator Planning Board Police Chief Fire Chief Applicant Engineer File 476 Chickering Road-Site Plan Review i 5