HomeMy WebLinkAboutMiscellaneous - 1060 OSGOOD STREET µoRrH
Town of North Andover V '
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° Office of the Planning Department
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North Andover, Massachusetts 01845
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M A S S A0 � l
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:
'hA&ndoveolanning Board
ohn Simons,Chairman
Richard Rowen
Michael Walsh
Tim Seibert
Jennifer Kusek
IIS
The Planning Board hereby unanimously APPROVES the Site Plan Special Permit for the
installation of a drive-thru take-out window for the existing pizzeria restaurant.
A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
This Application for Special Permit was filed by Athanasios Kotsironis, 43 Harrision St., Dracut, MA
01826, on July 21, 2008. The area affected is located at 1060 Osgood Street,Map 35 Parcel 29, lot size
45,738 square feet and located in the B-2Zoning District: The Applicant submitted a complete
application which was noticed and reviewed in accordance with Sections 8.3, 10.3, and 10.31 of the Town
of North Andover Zoning Bylaw and MGL c.40A, sec. 9. The Applicant has filed with the Planning
Board all plans and reports required under the North Andover Zoning Bylaws, including but not limited to
the information required under Section 8.3 and 10.31 of the North Andover Zoning Bylaws. During the
review process, the Applicant and its professional consultants also submitted various revisions to the
plans along with various supplemental memoranda and correspondence in response to requests by the
Planning Board, and by the various departments within the Town of North Andover that reviewed the
project. All of these plans,reports and correspondence are contained in the Planning Board's files and are
hereby incorporated by reference into the public record for this hearing.
FINDINGS OF FACT
The Planning Board makes the following findings as required by the North Andover Zoning Bylaws
Section 8.3 and 10.3, as well as Section 9 of M.G.L. c.40A:
1. The specific site is an appropriate location for a Eating and Drinking Establishment as it is
located in the B-2 Zoning District.
2. The use as developed will not adversely affect the neighborhood as this site is located in the B-2
Zone. There will be no change in architectural style of existing buildings,and the use is suited for its
proposed location in proximity to the downtown and abutting residential, commercial and retail uses.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. The applicant had
submitted a traffic study by TEPP, LLC on November 20, 2007, The study concluded that the pick-
up window would not generate significant traffic or involve significant queuing. The plan submitted
by the applicant shows a drive-thru land with width of 9 feet,along with angled parking spaces on the
west side of the building. There is also proposed signage stating a 9' 0 clearing, as well as a "No
Right Turn" sign from the angled parking area. A memo from Chief William P. Martineau of the
North Andover Fire Department has stated that the angled parking would address his safety concerns.
4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.
The plan submitted by the applicant shows the installation of a sprinkler system at the drive-thru
window, as well as a flashing red fire light with an overhead sign stating "Do No Enter Drive-Thru
When Flashing" to be installed at the entrance to the. In the same memo from Chief William P.
Martineau as referenced above, the Chief states that the fire sprinkler protection is required over the
drive-thru window and it is shown on the plan:
5. The Applicant has met the requirements of the North Andover Zoning Bylaw for Site Plan
Review, including all filing requirements as stated in Sections 8.3, 10.3 and 10.31 of the Zoning
Bylaw.
6. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use, and the use is in harmony with the general purpose and intent of this Zoning Bylaw. The
project will provide for municipal water, sewer and utilities on the property to adequately address the
needs of the project.
2
A.Kotsironis Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
Finally the Planning Board finds that this project complies with the Town of North Andover Zoning
Bylaw requirements as listed in Section 8.3, 10.3 and 10.31 but requires conditions in order to be fully in
compliance. The Planning Board hereby unanimously votes to grant the requested waivers as described
in the Applicant's application,as listed below:
8.3.5(vi)Zoning Information—Provided in application..
8.3.5(vii)Drainage Plan—N/A
8.3.5(ix)Building Elevation—N/A
8.3.5(xi)Location of Wetlands—N/A
8.3.5(xiv)Outdoor Storage-N/A
8.3.5(xv)Landscaping Plan—N/A
8.3.5(xvii)Lighting Facilities-N/A
8.3.5(xviii)Drainage Basin Study—N/A
8.3.5(xix)Traffic Impact Study-Previously supplied.
8.3.5(xxi)Utilities—N/A
8.3.5(xxii)Fiscal Impact-N/A
8.3.5(xxiii)Community Impact-N/A
The Planning Board also unanimously votes to grant approval of the Applicant's proposed project as
described in the "Plans" and other supporting information described in the public record,provided the
following conditions are met:
SPECIAL CONDITIONS:
1. Permit Definitions:
a) The "Locus" refers to the 45,738 s.f, of land with frontage on Osgood Street, as shown on
Assessors Map 35, Parcel 29, and also known as 1060 Osgood Street, North Andover,
Massachusetts.
b) The"Plans"refer to the plans as follows:
1) A Site Plan entitled"Site Plan, 1060 Osgood St.,North Andover MA"date October 10,2007,
revised to July 10,2008,prepared by James A. O'Day,P.E.
c) The "Project" or refers to construction of a drive-thru take-out window for Arthur's Corner
Pizzeria and other improvements as described in the Plans;
d) The"Applicant"refers to Athansios Kotsironis,the applicant for the Special Permit.
e) The"Project Owner"refers to the person or entity holding the fee interest to the title to the Locus
from time to time,which can include but is not limited to the Applicant,developer,and owner.
2. PRIOR TO THE ENDORSEMENT OF THE PLANS BY THE PLANNING BOARD, THE
APPLICANT MUST COMPLY WITH THE FOLLOWING CONDITIONS:
a) The final plans described in Paragraph Lb(l) (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
Final Plans shall be modified to include a Planning Board endorsement block and must be
submitted for review within ninety(90)days of filing the decision with the Town Clerk. Failure
to submit and obtain Planning Board endorsement within the 90-day period will automatically
cause the approval to become null and void.
b) A bond in the amount of two thousand($2,000)dollars must be posted for the purpose of insuring
that a final as-built plan showing the location of all on-site structures, signage, and parking
spaces, is submitted. The bond is also in place to insure that the site is constructed in accordance
with the approved plan. The form of security must be acceptable to the Planning Board.
c) All site plan application and escrow fees must be paid in full and verified by the Town Planner.
3. PRIOR TO THE START OF CONSTRUCTION:
a) The developer shall provide the Planning Board with copies of permits, plans and decisions
received from all other North Andover Land-Use Boards or departments. In addition to receipt of
these plans, the Applicant shall supply the Town Planner with a letter outlining any and all
revisions resulting from said permits, plans and decisions received from other town boards,
commissions and departments that differ from the approved plans.
6. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT:
a) Three(3)copies of the signed,recorded plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the Planning Department.
c) The project owner shall adhere to the following requirements of the North Andover Fire
Department and the North Andover Building Department:
1. All structures must contain a commercial fire sprinkler system. The plans and hydraulic
calculations for each commercial system shall be submitted for review and approval, if
required, by the North Andover Fire Department. Plans and hydraulic calculations for each
commercial system must also be supplied to the Building Department.
7. DURING CONSTRUCTION:
a. In an effort to reduce noise levels, the developer shall keep in optimum working order, through
regular maintenance,any and all equipment that will emanate sounds from the structures or site.
8. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY:
a) The commercial fire sprinkler system related to the drive-thru window must be installed in
accordance with referenced standard NFPA 13D and in accordance with 780 CMR, Chapter 9 of
the Massachusetts State Building Code. Certification that the system has been installed properly in
accordance with the above referenced regulations must be provided from both the North Andover
Fire Department and the North Andover Building Department to the applicant. The Applicant must
then provide this certification to the North Andover Planning Department.
b) Any and all signage plans for the site,which have been provided to the Planning Board during the
site plan review process,were presented for the purpose of demonstrating signage materials only.
4
A.Kotsironis—Arthur's Corner Pizzeria
Site Plan Review Special Permit
Conditional Approval
September 2,2008
Any signage plans must conform to Section 6, Signage and Outdoor Lighting Regulations of the
Town of North Andover Zoning Bylaw, as amended, and must be approved by the Building
Department. In no way is the Project Owner to construe that the Planning Board has reviewed
and approved the signage plans for Zoning Compliance as that is the jurisdiction of the Building
Department. All additional permits must be obtained by the Project Owner prior to construction.
9. PRIOR TO THE FINAL RELEASE OF ALL SECURITY AND ESCROWED FUNDS
a) The Planning Staff shall review the site. Any screening as may be reasonably required by the
Planning Staff will be added at the Project Owner's expense.
b) A final as-built plan showing final topography, the location of all on-site utilities, structures,
drive-thru lanes and parking spaces must be submitted to the Planning Department.The Applicant
must submit a letter from the architect and engineer of the project stating said items substantially
comply with the plans referenced at the end of this decision as endorsed by the Planning Board.
10. All site work and external construction activity shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m.on Saturday.
11. The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
12. The Planning Board requires that the project be built in accordance with the herein referenced plans
and specifications and in full accordance with the design elements and features displayed and
discussed during the Public Hearings and in strict accordance with all conditions contained herein.
Any revisions shall be submitted to the Town Planner for review in accordance with Section 8.3.8
of the Zoning Bylaw. If the Town Planner in his/her sole discretion deems these revisions to be
substantial as defined in Section 8.3.8, the applicant must submit revised plans to the Planning
Board for approval.
13. This Special Permit approval shall be deemed to have lapsed after August 19, 2010 (two years
from the date permit granted) unless substantial use or construction has commenced. Substantial
use or construction will be determined by a majority vote of the Planning Board.
APPEAL: Any person aggrieved by this Decision by the Planning Board, if any, may file an appeal of
this Decision by bringing an action within twenty(20)days after the Decision has been filed in the Office
of the Town Clerk pursuant to Section 17 of Mass. Gen.Laws Chapter 40A.
cc: Town Departments
Applicant
Engineer
Abutters
5
L GQL NOTICELEGAL NOTICE
PUBLIC HEA ING NOTICE
NORTH ANDOVER PLANNING BOARD
In accordance with the provisions of M.G.L.Chap-
ter 40-A, Section 11,the North Andover Planning'
Board will hold a public hearing as follows'`
Purpose of Public Hearing:Application for a Site
Plan Review Special Permit Section 8.3,1;0.3,of the
North Andover Zoning Bylaw to allow petitioner to
add and install a drive=up take.window to the exist-
ing pizza parlor. -
Applicant/Petitioner:ArhafiWos Kotsironis,.43"
Harrison St.,'Dracut,.MA 018k
Address of Premises, dted Arthurs Corner
Pizzeria,'1060,Osgood Street,'With Andover,;MA
01845
Assessors Map andlot:Map.35 Lot 29
Owner of the Property:.Tlam.Realty.LLC 7 Ridge,
Hill Way,Andover;MA-.Off310 '.
Public Hearing Date&Time:T6eaday,August 19,
2008&1.00 PM.
Location of Public Hearing:Town.Hall, 120 Main'
Street,2nd floor,conference room.
Information Available:A py of plan and appli-
cation is on file in the Plann ng Boartl office at 1600
Osgood St.,;North Ando er, MA, and may be
inspected Monday fhrough Friday 8:30 a.m.to 4;30
P.M.
Any.person:interested,or wishing to be heard on
the proposed plan should appear at the time and
place designated.above.
John Simons,Chairman
North Andover Planning Board
ET-1/26,,8/12/.98
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Town of North Andover t 0.L��S.E)< •.F.. "-
1600 Osgood Street , C ' ' _t
Bldg 20,Ste 2-36 Planning Dept c/o Mary X. «
North Andover,MA 01845 t t ;*(.fie ; "
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Please type or print clearly:
1. Petitioner: A"-r 14 Iq N /4 /0 S Kc>T-.5o 44 t S
Address: ittrt=Sc>f-4 _S' r Ar ij.,r' 26
Telephone Number. 3 z
2. Owners of the Land: 7- l .4 C-
Address: L--V%r"S S rAHj>t>v&rrL A4 �qki L)
Telephone Number. q 7 7 Q 7'
Number of years ownership:_ 'h
If ap6cant n not the owner, state �'tY
Werest rest in property: i arof r,3
I'I 3. Request for
eq a Special Permit under Sectiones of the North.Andover
Zoning Bylaw to 5' r A L c,_ t2 r V'C% GZ �PI ty'Ke� f'�
T" lti.) 1 y ey
4. Location of Property: 1 o v C> C9 s
Zoning District: R 2
Assessors: Map: ,J Lot# ' P —
Registry of Deeds: Book#: Page#
g
5. Existing Lot:
Lot Area (Sq.Ft):
Building Height:
i
i ' t7�' ��
Street Frontage; . Side Setbacks:
Font Setback: Rear Setback: _—
Floor Area Ration: Lot Coverage:
6. Proposed Lot(if applicable):
Lot Area (Sq.Ft.): Building Height:
Strom Frontage: Side Setback:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
7. Required Lot(as require.by Zoning Bylaw); i
Lot Area (Sq.Ft.): Z !) 606 Building Height:
Street Frontage: 2 :r Side Setback: _
Front.Setback: r Rear Setbacks
Floor Area Ratio: Lot Coverage:
S. Existing Building(if applicable):
Ground Floor(Sq.Ft.)—j!I #of Floors
Total Sq. Ft.; g' Height:
Use: _ i�rr-cc', P lVA �P'-' Type of Construction: r c�
9. Proposed Building:
Ground Floor(Sq.Ft.) #of Floors
Total Sq. Ft.; Height:
Use: ---
Type of Construction:
10. Has there been a previous application for a Special Permit from the Planning
Board on these premises? H so,when and for what type of
construction?
11. Petitioner and Landowner signatures)
Every application for it Special Permit shag be made on this form which is
the official form of the Planning Board. Every application shall be filed with
the Two Clerk's Office. It shall be the responsibility of the petitioner to
furnish all supporting documentation with this application. The dated copy
Of this application received by the Town Clerk or Planning Office does not
absolve the applicant from this responsibility. The petitioner shall be
responsible for all expenses for filing and legal notification. Failure to
comply with application requirements,as cited herein and in the Planning
Board Rules and Regulations may result in a dismissal by the Planning
Board of this application as incom te.
Petitioner's Signature:
r x
Print or type name here: Vio s dS•
Owner's Signature:
Print or type name here:
PRO CT REVIEW FEE
Preliminary plan, modification of a Preliminary Plan,Modification of a Definitive
Plan, or Modification of a Special Permit shall require the following initial Project.
Review Fee:
Project SizeFee
2-15 lotslunits $2,000
16-20 lots/units $3,000
21-25 lotstunits $4,250
More than 25 lots/units $5,000
Definitive.Plan shall require the following initial Project Review Fee:
Project Sipe Ede
2-15 lotslunits $4,000
16-20 lots/units $6,000
21-25 lots/units $10,000
More than 25 lotslunits $12,000
Special Permit shall require the following initial Project Review Fees.-
Pr
viect
ees:Project Size Fee
Less than 10,000 square feet $2,000
10,000-30,000 square feet $300
30,000-50,000 square feet $4,000
More than 50,000 square feet $5,000
Depending on the complerity of issues presented,additional fees may be required
SCHEDULE OF PLANNING BOARD FILING FEES
ANR Plans $40 phis$30 per lot line changed/
$70 per new lot created
Preliminary Subdivision Plan $275 plus$70 for each building lot
shown on plan
Modification.to Preliminary Subdivision Plan $150 plus$75 for each lot affected and for
each new budding lot created
Definitive Subdivision Plan $275 plus$325 per lot if preliminary plan
fled/$400 per lot if no preliminary plan
was filed
Modification to Definitive Subdivision Plan $125 plus$150 for each lot affected and for
each new binding lot created
Special Permits $100
Modification t Extension of Special Permit $100
Site Plan Review $400 plus$0.07 per square foot of gross
floor area
Planned Residential Development Definitive Plan Review Fee plus$200 plus
planned Development District $275 per lot
Continuing Care Retirement Center
NOTE. Filing fees do NOT include outside consultant review fees.
• Arthur's Corner Pizzeria
1060 Osgood Street RECE=IVE®
North Andover, MA 01845
i JUL 18 2008
' July 11, 2008
PLANNING DEPARTMENT
To: North Andover Planning Department
RE: Checklist for a special permit
Please consider this as an attachment to my application fora special permit relative to a
pick-up window at my place of business.
6. Zoning information, request waiver as this is an existing business and was already
provided.
7. Drainage Plan, existing plan, request waiver as no changes are being made to an
existing business
9. Building elevation, request waiver as this is an existing structure.
11. Location of wetlands, request waiver as this does not apply to this place of
business.
14. Outdoor Storage, Display area, request waiver as this does not apply to changes
being requested.
15. Landscaping Plan, request waiver as existing structure.
17. Lighting Facilities, request waiver as existing structure.
18. Drainage Basin Study, request waiver as existing structure.
20. Utilities, request waiver as existing structure.
21. Fiscal impact, request waiver as this won't change taxes, changes being sought for
customer's convenience.
22. Community impact, request waiver as this is an existing facility, convenience for
customer.
Please consider my application for a special permit to obtain a pick-up window at my
place of business. Thank you.
.Arthur Kotsironis
S
TO: FAX # 97f 7 3?- a A0V
FROM: Mary, Planning Assistant
FAX #978-688-9542 - PHONE #978-688-9535
Please sign your name and fill in address of premises aff-- fi
in current date, return same to fax #978-688-9542. Th k eu. — �<
r Cv
"REQUEST FOR A CONTINUANCE"
NAME:
ADDRESS OF PREMISES AFFECTED:
wG p
PHONE NUMBER:
AREA CODE:_(—�
"I WISH TO REQUEST A CONTINUANCE UNTIL THE NEXT'i
SCHEDULED PLANNING BOARD MEETING, THEREFORE
WAIVE THE TIME CONSTRAINTS FOR ISSUING OF ANY
AND/ALL DECISIONS RELATIVE TO ANY/AND ALL
PERMITS OF THE PLANNING BOARD FOR THE TOWN OF
NORTH ANDOVER, MA.
SIGNED BY PETITIONER OR REPRESENTATIVE:
Signature
DATE: vlS7�,m'2
fill in current date
MUCONTINUEANCE
06-28-2006 D5:1IPM FROM-S4N FINANCE +9787491209 T-791 P 002 F-905
NoryrM
°• "'� Town of North Andover
� A
� G
Office of the Planning Depa3rtl t F IVSD
-., Community Development and SeMce19`1, ian
Osgood Landing
1600 Osgood Street 2006 JUN 29 PM 3: 03
Lincoln Daley Building 020,Suite 2-36
Town Planner North Andover,Massachusetts 01845 1
P(978)68&9535 pFH�0,.R' " A I 00)"
0}€ i`
F (978)688-9342
N- OTI QF DECISIQN
Any appeW sball be filed
within(20) days after the
date of filing this Notice
in the office of the Town Dare: June 21,2006
clerk. Date of Hearings: 2/7,4/4,S/20,6/20/06
Date of Decision- Aw 20,2006
Petition of- Arawmaios Kotsiroas
62 Ellis Ave.,Lowe%MA 01854
Premises Affected: IWO Osgood Street,.Assasors Map 35,Parcel 29 within the
B-2 Zoning DistdcL R
RefBrring to the above petition for a MoMcadon for a Site Plan Review Special Permit,>F1+ m the
MWiTC=Its of the North Andover Zoning Bylaw,Sections$,3, 10.3,and 10.31.
So as to allow the construction of an$-foot wide,single We drive-through facility to the 1,176
square foot pizza parlor a/WA Arthur's Corner Pizza.
At a public hearing given on the above date and upon a nroti(m made by John Sinms;2"'by
Richard Nardella to approve a.Modification to a Site Plan Review Special Permit for 1060
Osgood Street for a drive-dirough facility_ Vo ft in favor of the modgmJohn Simons orad
Richard Nardelln.Voting to deny the motion.- Alberto Angles and Jade Grew.
The Board finds that the motion for a Morffleation to a Site Plan Review Special Permit
Wed to receive the required super majority of four votes,per Maas.Gen.L ch.4(kA&9.
SiVIod: 9A4/74/�i
Richard Nardella,Chair on
John Simons,Vita Chairman
Alberto Angles
lade Grew
cc: all town departments
oOARD Of UPEALS Ms-9541 BUILDING,684-4545 CONSERVAT1oN tiNt-0530 HEALTH 68.4•9540 PLANNING 6.48-9535
Page J11
Tawe of North Andover
Office of the Planning Depatment
Community Development and Services Division
400 Osgood Street
North Andover,Massachusetts 01$45 (( '()
2000 JUL 21 PH * 1
Lincoln Daley P 978488-9535
i° ' gar
Town Planner F 97848&9542NORM
SITE PLAN REVIEW "MjWSSIwi�VO IT
Town of North Andover Planning Board
Application for Site Plan Special Permit
Please type or print clearly:
1. Petitioner: A -r14 I N /4 K0
Address: 42 TiAttitisottA �a,rL.6
Telephone Number. g7-2 Y Y L Z
2. Owners of the Land: ?�1/I M L- 7`
Address:
Telephone Number. — gig'7 Y 7� 46_1 7'
Number of years ownership:__
If applicant is not the owner, state�' rest ' property: ti&M r 3
S ur �e �• t SZA Sl-(0
3. Request for Special Permit under Section of the North Andover
Zoning Bylaw to --1�4 3 r A t-.L— ht i V C, I—,4 tic-
4. Location of Property: 1 o !s,ca 0 Ca D
Zoning District: k3 2
Assessors: Map:,— -5 Lot# Z C2
Registry of Deeds: Book Q. Page#_.j
5. Existing Lot:
Lot Area(Sq. Ft): +) Building Height:
►x ry..ywrt�ss
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Town of North Andover M. 0U S���
1600 Osgood Street 't
Bldg 20,Ste 2-36 Planning Dept c/o Mary 30 AJL ach „k.
01845
North Andover,MA
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