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HomeMy WebLinkAboutBuilding Permit #Exception - 109-123 MAIN STREET 5/1/2018 EJECT E D TOWN OF NORTH ANDOVER NORTq APPLICATION FOR PLAN EXAMINATION °t. '•;'moo O p Date Received Permit NO: swcaus Date Issued: IMPORTANT: Applicant must complete all items on this page LOCATION — ' ka-tPrint 7 PROPERTY OWNER �� � n a(Lia MAP NO.: a`l PARCEL: L1 `6 ZONING DISTRICT: TYPE AND USE OF BUILDING HISTORIC DISTRICT YES ❑ TYPE OF IMPROVEMENTZRede USE Non- Residential ❑New Building ily ddition more family ❑ Industrial Iteration its: Bld r�ommercial Repair, replacement �7' g - T`- Demolition ❑ Others: ❑ Movin relocation 0 Foundation onI DESCRIPTION OF WORK TO BE PREFORMED V "1, Identification Please Type or Print Clearly) �a� )� — Phone: OWNER: Name: Address: I — I Uw t Ct. Li n-r'�fl GRAS V t� CONTRACTOR Name: Phone: Address: Supervisor's Construction License: Exp. Date: Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Ia ��t�� Name: Phone: Address: Reg.No. FEE SCHEDULE.BOLDING PERMIT.512.00 PER 51000.00 OF THE TOTAL FEE $ ATED COST BASED ON S125.00 PER S.F. Total Project Cost :$ Check No.: Receipt No.: Page W4 TYPE OF SEWERAGE DISPOSAL Public Sewer � Tanning/Massage/Body Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Permanent Dumpster on Site ❑ Private(septic tank,etc. ❑ Electric Meter location to project NOTE: Persons contracting with unregistered contractors�ydo'not have access to the guarantyfund Signature of Agent/Owner Signature of contractor Plans Submitted 0 lans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF- U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS DATE REJECTED DATE APPROVED CONSERVATION ❑ ❑ COMMENTS HEALTH ElDATE REJECTED DATE APPROVED ❑ COMMENTS FIRE DEPARTMENT -Temp Dumpster on site yes no Fire Department signature/date COMMENTS Zoning Board of Appeals:Variance,Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/Si nature& Date j Drivewa Permit Buildin Setback (ft.) Front Yard Side Yard Re uired Provided Re uired Provides Rear Yard Re uired Provided Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: NOTES and DATA— For department use Page 3 of 4 Doc:INSPECTIONAL SERVICES DEPARTMENT:BPFORMOS Created IMC.Jan.2006 Building Department ment The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing,Siding,Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work Addition Or Decks ❑ Building Permit Application ❑ Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doe:INSPECTIONAL SERVICES DEPARTMENT:aPFORMOS I I i Page 4 of 4 A$& al-4 kAP 30 PAR=33 bt WW50'20'E 101.9 4 20 0 40 FW ---------- SCH06L.�TR MM7 00 *0 _j jai POW PON z 43 V CE 0 I f?Cp n7a C Sa P1,%74SVf —D@W,BOW 1NT 118 FIAM 137 w G _41-+ ows vpvt­9W86 D BENOWHA Of NAALw M6_1 fkb3 en 0 0) FLO W1 D.W. W IL Ri—MY6 • UVRECOROM P-AN ar caxb—ft AS SWYA'ON 777.. im IuRvrd'D FOR m :1)7" mo�%"Wm FASEXE".iT UNE �A b ........... (p MAW LW1_1Wr-a'3 SO LAI) ...... rrt AS-SE39M AW.30 PA;?M 5 mam-MST pt'. i: AM To Aims DA SM66ARM 1.99 Lz/''Z4 q t i u.uu 22.0', ........ 0 06 3 "..4 2 Rid 1- Z III 1( at 0 ea 6 STROP. PARK.V. CM Rb- tw 9 z z 0: L6 Z LO Im z IL TV. 19 EXISTING BUILDING LINE r PROPOSED BUILDING LINE I— PROPOSED ROOF LINE 24Ar z UJ < LL1 Lj :2 1A IL 4 U) w w Z > ME j Z LL1 0 w 3 -Vol 2 z z ;C Ft z Z .4 14) MaA ASSESSORS MAP 29 PARCEL 48 X a. N x R U) 145,893 SQ. FT M 0 b 3,349 ACRES 1E 0 0 OZ 240— PROPOSED DRIVE THRU ROOF Marchionda 40 & Associates, L.P. 3', OTED ..;mEngineering and 24W 63.8 Planning Conguitants 62 MONTVALE AVE.,SUITE I (781)438-6121 9654 ov STONEHAM,MA 02180 I I _J JII III FAX:(781)438- f 1 10 71-n MW FW DATE: C ,roil PK K -ll--~ \PR..V28-01..\P1ans\Var..P1an Fw W"4'�" ISCALE: TIEET -7 Z7 SHEET OF Zoning Bylaw Review Form �10RTN 0L Town Of North Andover -' Building Department �o 1600 Osgood Street, Building 20, Suite 2-36 ,r;o North Andover, MA. 01845 9SsUSES Phone 978-688-9545 Fax 978-688-9542 Street: 109-123 Main Street Ma /Lot: 29/48 Applicant: San Lau Realty Trust Request: Renovation of existing Messina's Shopping Center Date: 2-13-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: GB Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 1 Insufficient Area 3 Use Preexisting X 2 Complies X 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front(Main) Insufficient X 2 Complies X 3 Left(School) Insufficient 3 Preexisting Height X 4 Right(First) Insufficient X 4 Insufficient Information 5 Rear Insufficient 7.3=ok fn2=X I Building Coverage 6 Preexisting setback(s) X 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 1 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required X 2 Not in district X 2 Parking Complies 3 Insufficient Information Remedyfor the above is checked below. Item# Special Permits Planning Board Item# Variance B-4 Site Plan Review Special Permit C-2&4 Setback Variance Access other than Frontage Special Permit K-1 Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 NU Unit R-6 Density Special Permit Special Permit Pre-existing, Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the above file.You must file a new building permit application form and begin the permitting process. Building Department Official Signature Application Received Application Denied Denial Sent: If Faxed Phone Number/Date: Commercial Property Record Card PARCEL_ID:210/029.0.0048.0000.0 MAP:029.0 BLOCK:0048 LOT:0000.0 PARCEL ADDRESS:109123 MAIN STREET PARCEL INFORMATION Use-Code: 323 Sale Price: 0 Book: 01122 Road Type: T Inspect Date: 08/25/2006 Owner: Tax Class: T Sale Date: 12/31/1968 Page: 0403 Rd Condition: P Meas Date: 08/25/2006 SAN LAU REALTY Tot Fin Area. 51570 Sale Type: CertlDoc: Traffic: M Entrance: C Address: Tot Land Area: 3.33 Sale Valid: N Water: Collect Id: RRC 109-123 MAIN STREET SUITE E2 Grantor: Sewer: Inspect Reas: M NORTH ANDOVER MA 01845 Exempt-B/L% 0/0 Resid-B/L% 0/0 Comm-B/LWO/100 Indust-B/L% 0/0 Open Sp-B/L% 0/0 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code:323 NBHD CODE: 35 NBHD CLASS: 5 ZONE: GB Category Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff Yr-Built Cost Bldg Seg Type Code Method Sq-Ft Acres Influ Y/N Value Class 2 18116 1 C 1967 1981 1,065,600 1 P 323 S 145055 3.33 725,275 Groups: DETACHED STRUCTURE INFORMATION Id Cd B-FL-A Firs Unt 8116 1 0 Str Unit Msr-1 Msr-2 E-YR-BIt Grade Cond%Good P/F/FJR Cost Class 1 323 1 2 323 1811 1 0 AS S 93000 1972 A A 50///50 100,900 3 3 323 680 1 0 LI C 11 1972 A A ///76 13,000 3 VALUATION INFORMATION Section: ID: 102 Use-Code:323 Current Total: 4,596,400 Bldg: 3,871,100 Land: 725,300 MktLnd: 725,300 Category Grnd-FI--Area Story Height Bldg-Class Yr-Bullt Eff Yr-Built Cost Bldg Prior Total: 3,719,200 Bldg: 2,993,900 Land: 725,300 MktLnd: 725,300 2 17022 1 C 1967 1981 1,220,800 Groups: Id Cd B-FL A Firs Unt 1 323 17022 1 0 Section: ID: 103 Use-Code:323 Category Grnd-Fl-Area Story Height Bldg-Class Yr-Built Eff Yr-Built Cost Bldg 2 7116 2 D 1986 1986 1,393,700 Groups: Id Cd B-FLA Firs Unt 1 323 7116 2 0 Parcel ID:210/029.0-0048-0000.0 as of 2/13/07 Page 1 of 2 Commercial Property Record Card PARCEL ID:2101029.0.0048-0000.0 MAP:029.0 BLOCK:0048 LOT:0000.0 PARCEL ADDRESS:109123 MAIN STREET SKETCH PHOTO 6Sq.R. 2 14C8 146 32 30762 Sq.R. 50 4 4Sq.R. CY 39187 A. is 52228 Sq.R. a 6 2SF ND/CY " 61292 14.R. 109 MAIN STREET ' 4620 Sq.R. 42201 $q.R. Parcel ID:210/029.0-0048-0000.0 as of 2/13/07 Page 2 of 2 ATTORNEYS AT LAW MEMORANDUM TO: GERALD BROWN,INSPECTOR OF BUILDINGS — FROM: JOHN T. SMOLAK SUBJECT: 109-123 MAIN STREET—PRELIMINARY ZONING ANALYSIS DATE: FEBRUARY 8,2007 In preparation for the Petitioner's (San Lau Realty Trust) filings with the Zoning Board of Appeals,the following outlines the zoning relief to be requested. We are requesting your confirmation of the same. The Petitioner proposes to file two separate variance petitions. The first variance petition will be based upon a plan entitled"Variance Plan—Messina's Market, 109-123 Main Street in North Andover,MA (undated) (the"Site Plan"),prepared by Marchionda&Associates, LP. The second variance petition will involve a proposal for a kiosk building to be located at the corner of Main Street and First Street in response to a request from certain Town officials to examine the feasibility of locating structures along Main Street,and such second petition will be based upon a plan entitled"Variance Plan—Messina's Market, 109-123 Main Street in North Andover,MA (undated) (the"Kiosk Site Plan"),prepared by Marchionda&Associates,LP. Summary Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) • Requesting front vard setback of 22 feet where 25 feet is required • Requesting side yard setback of 14.9 feet(for pharmacy prescription pickup and drop off drive-through structure only) where 25 feet is required 2. Section 7.3 and Table 2 (Summary if Dimensional Requirements),Footnote 2 • Requesting rear yard setback variance to allow for less than a 15 foot buffer of portion or rear yard located closest to property boundary. 3. Section 8.1 —Parking 4. Section 8.4—Screening and Landscaping Requirements Under separate petition with respect to the kiosk Dimensional Variances under NAZB are required under the following 1. Section 7.3 and Table 2 (Summaryof Dimensional Requirements) • Requesting front yard setback of 3.0 feet where 25 feet is required • Requesting side yard setback of 9.0 feet where 25 feet is required Special Permit for Site Plan Review is Required (NAZB Sections 8.3 and 10.3) s r PRELIMINARY ZONING ANAYLSIS—North Andover Zoning Bylaws, as amended A. Zoning District -- General Business (GB) B. Permitted Uses (4.131) The proposed project's uses (as listed in Section 4.131), including: 1.Retail stores and wholesale stores,showrooms or places for any professional,artistic or mercantile activity,not involving manufacturing;2. Banks,offices and municipal,civic,or public service building;5.Restaurant, dining room or lunch room;and, 7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive to the neighborhood,are all permitted by right. C. Floodplain District (4.137) • The Site Engineer shall certify on final site plans that the site is not located within a special flood hazard area as designated on the applicable and latest FEMA FIRM described in the Town of North Andover Zoning Bylaws. D. Signs (6.0) (Section 6.6.13-- Business and Industrial Districts: Accessory and Section 6.6.E Shopping Centers) • Section 6.6.E.(2)(Shopping Centers)of the Zoning Bylaw governs the proposed project. Subparagraph 2 provides that"Signs attached to a building or its canopy,parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises [are allowed],provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent (20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200)square feet facing any single street. • Exhibit A breaks down theermi p tted signage for each (occupant(tenant), compliance P ) P with the requirements above, based upon a plan entitled"Partial Signage -- Messina's Shopping Center Renovation Project(Dwg. No. A2.2),"dated October, 2006,prepared by H.H. Morant& Co., Inc.. • The existing site includes building directory signs, and under Section 6.6.1)(8)of the Zoning Bylaw, "Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. • Should a kiosk not be constructed at the corner of Main and First Streets, the Petitioner shall construct a ground sign as described under Section 6.6.E.3 of the Zoning Bylaw, which permits such a sign,provided that the sign is no larger than 100 s.f., is not located within 10 feet of any property line or the line of any way, and no part of the sign is more than 20 feet above the ground level. • A variance dated October 16, 1987(Petition No. 91-88)granted the site owner a variance to allow the construction of a sign within the front setback, but the approved setback distance is not clear from either the Variance Decision or Petition, and such Variance would expire fro non-use should the Petitioner replace such sign with a lawful conforming ground sign meeting the specifications noted above. E. Dimensional Requirements (7.0) -- Below are the required,existing and proposed dimensions for the site. • Section 7.3 of the Zoning Bylaw states that"buildings on corner lots shall have the required front setback from both streets." When we met with you back on December 27, 2006, you interpreted this provision to mean that the setback along Main Street, First Street, and School Street all were 25 feet,consistent with Section 7.3. Given that Section 7.3 governs in this circumstance, then Note#2 accompanying the Table of Dimensional Regulations(which provides that an additional 15 foot side setback shall be required when a site is located adjacent to a residential district)would not apply. • Other applicable dimensional requirements are below, and those requirements for which a variance is required are in bold print below. Requirement Required Existing Proposed • Min.Lot Area (s.f.) 25,000 s.f. 145,893 s.f.1 N/C • Max.Height(feet) 45 ft. 35 feet 32 feet,4 in. • Street Frontage 125 feet 321.73 N/C • Front Setback 25 feet2 24.63 22.0 • Side Setback 25 feet4 21.25 14.9 (drive-thru) Requirement Required Existing Proposed • Rear Setback 35/50 feet6 52' 8" 51'7" 1989 Site Plan identified lot area as 146,200. 2 Section 7.3 of the NAZB states that"building on corner lots shall have the required front setback from both streets,"which means that this bylawprovision supercedes other side yard setback provisions described in the Zoning Bylaw so that the setback will be 25 feet from Main,First and School Streets. 3 1989 Site plan shows a 25-foot front setback,but Existing Conditions Plan shows a 24.6'front setback so a front setback variance will be required. 4 Based upon discussions with the Building Commissioner on December 27,2006,it appears that the Commissioner interprets the Zoning Bylaw to require that the entire School Street boundary(including the southwesterly boundary where it jogs for a distance of 51.37 feet,and then turns westerly for a distance of 110 feet as the side yard,so that only the extreme westerly boundary having courses of 53 feet and 210.24 feet will be treated as the rear yard. With respect to any portion of the side yards which abut a residential District, Section 7.3 will supercede Footnote 2 of the Table of Dimensional Regulations. See Footnote#2 (Notes to accompany Table II. Summary of Dimensional Requirements)—Adjacent to a residential district,an additional 15-foot side and rear setback shall be required. The first 15 feet of the total setback abutting the residential district shall remain open and green,be suitably landscaped,unbuilt on,unpaved and not parked upon. Accordingly,regardless,of what the properties along First Street and School Street are zoned,then the 15-foot requirement is not triggered. Under the 1984 Variance,there was no mention of an additional 15-foot setback for side yards,but the additional 15 feet did apply to the rear yard setback. Regardless of this outcome,a variance will be required to enable the build-out of the drive-up window. We need a side yard setback dimension between First Street and the proposed Drive-Up added to the Site Plan. 5 1984 Dimensional Variance Decision approved a 22-foot side yard setback where 25 feet was required at the time. But see also preceding footnote. 6 See Footnote 4 above. Although it appears we meet the 50-foot rear yard setback,we do not meet the 15- foot green area requirement under Note 2 of Table 2 requiring"the first 15 feet of the total setback abutting See Footnote#4 • Floor Area Ratio (Max.) N/A • Lot Coverage Max. 35% 29.18%' 29.04 • Dwelling Unit Density Max/Acre N/A F. Parldng(8.0)— [Variance Required Under Section 8.11 • The 1989 Site Plan approved a total of 180 spaces for the site as a result of a Zoning Bylaw provision at the time which allowed certain parking to be reduced by 50% if the site was located within 300 feet from a public parking lot. That zoning bylaw provision was eliminated in 1986. • Since the Petitioner proposes to reduce the number of parking spaces to 172,a zoning variance will be required • A computation of required parking is listed in Exhibit B. Essentially,the Petitioner proposes a total of 172 parking spaces where 271 parking spaces are required. [Variance is required under Section 8.1, Subpara.'s 1,2,7,14. • Section 8.1(7) A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25'wide. H. Screening and Landscaping Requirements for Off-Street Parldng(8.4)— [Variance Required Under Section 8.41 • For all commercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces,or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district. 1. A strip of land at least six(6)feet wide(may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four (4)feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within three years.(Section 8.4.1) [Variance is Needed] 2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated,provided that not more than 25% of the face is open. [Variance is Needed] 3. All required screening, as described in items 1 and 2 above,shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. I i the residential district shall remain open and green,be suitably landscaped,unbuilt on,unpaved and not parked upon." The 1984 Variance Decision granted relief to allow a 32-foot setback where 50 feet was required,but it appears the rear setback discussed at the time is the southern comer of the building where it abuts the closest housing authority building but there is no dimension there is no site plan to confirm the same. ' The 1989 Site Plan calculated a total lot area of 146.200 multiplied by 35%to get to a max.of 51,170 s.f. allowed,but proposed total floor area at that time was 41,254 s.f.or a total of 28%which does not appear to concur with the total existing square footage. • i • For all off-street parking areas of 20 or more spaces the following criteria shall also apply. 4. On at least three sides of the perimeter of an outdoor parking lot, there shall be planted at least one tree for every thirty (30)linear feet.In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided.The landscaped strip may be provided either; 1)between the rows of parking spaces parallel to the aisle or, 2)in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustrated below.Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot.To the extent practicable, existing trees shall be retained and used to satisfy this section.The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw). [Variance is Needed] 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets. [Variance is Needed] i i EXHIBIT A -- SIGN COMPLIANCE 6.6.D.Business and Industrial Districts: Accessory 8. Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. 9. Traffic Control orientational and guidance signs located on private property, up to four (4)square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes,rest rooms,freight entrances and the like. 6.6.E. Shopping Centers 1. Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten(10) square feet. 2. Signs attached to a building or its canopy,parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200)square feet facing any single street. 3. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty thousand(50,000)square feet floor area or more,one(1)ground sign for each street on which the development fronts,containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred(100) square feet. Such sign shall not be located within ten (10)feet of any property line or the line of any way, and no part of the sign shall be more than twenty(20) feet above the ground level. 4. Temporary, unlighted signs, inside windows,occupying not more than fifty percent (50%)of the area of the window requires no sign permit. __Compliance with the requirements above,and as outlined below,are based upon a plan entitled "Partial Signage-- Messina's Shopping Center Renovation Project(Dwg.No.A2.2),"dated October, 2006,prepared by H.H.Morant&Co.,Inc. Space No. Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s 1. (1St Fl -NW) restaurant 92.0 18.40 18.0(1) 2'x 9' (1St Fl-NE restaurant 115.34 23.07 22.0(1) 2' x 11' (2nd Fl-NW) office 92.0 18.40 18.0(1) 2'x 9' (2"d FI-NE) office 115.34 23.07 22.0(1) 2' x 11' 2. (1St Fl-NW) retail 121.14 24.20 24.0(1) 2' x IT 3. (1St Fl-NW) retail 175.0 35.00 35.0(1) 2' x 17.6' (2"d Fl) office 175.0 35.00 35.0(2) 2' x 18.9' 4. (1"Fl-NW)retail 150.00 30.00 30.0(1) 2' x 15' 5. (1St Fl-NW)retail 70.00 14.00 14.0(1) 2' x 7' (2"d Fl-NW)office 70.00 14.00 14.0(1) 2' x 7' 6. (1St Fl-NW)retail 121.14 24.20 24.0(1) 2' x 12' 6. (1St Fl-NE) retail 224.00 44.80 20.29(1) 2' x 10'2" 7. (1St Fl-NE) retail 306.0 61.20 60.87(3) 2' x 10'2" (1St Fl-NW)retail 369.0 73.80 72.99(3) 2' x 12'2" Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s KIOSK retail -- Main Street 38.22 7.6 7.50(1) 1'6"x 5' -- First Street 21.33 4.5 4.5(1) 1'6 x 3' EXHIBIT B—PARKING CALCULATIONS Requirements under Section 8.0 Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in 131, B2, & GB. Offices 1 space per 300 square feet of GFA. Space Number Proposed Use Square Footage/Seats Req'd Parking 1. 1,832(1S`Fl) restaurant Greater of 1 space per 2 seats or 15 seats per 1,000) 42 seats(21 spaces)or 15 x 1.832(27.48 sp.) 27.48 2. 1,955 retail 1,955(5 per 1,000) 9.775 3. 2,465 retail 2,465(5 per 1,000) 12.325 4. 2,347 retail 2,347(5 per 1,000) 11.735 5. 1,380 retail 1,380(5 per 1,000) 6.9 6. 4,135 retail 4,135(5 per 1,000) 20.675 6. 18,082 retail 18,082(5 per 1,000) 90.41 7. 13,006 retail 13,006(5 per 1,000) 65.03 (additional second Floor Storage Space of 1,900 s.f. above Space No. 7 would not be counted for parking purposes) Second Floor 7,522 office 7,522(1 per 300) 25.073 Kiosk 225 retail 225(5 per 1,000) 1.125 Total Square Footage 54,849 s.f. Total Spaces Required 270.528 (271) Total Spaces Provided 172. ..r..— �1111 ■■ i� � — ��- .Ir. 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FT. !1 49 CRE. Ludi O z O ! i Fo z a 0Z f ~ ` zo P}-rsaa.Dt' I Marchlonda 6.6' - • `~ x`11 & Associates, L.P. o; rj Roof Line ! ..,�.. \ FAQ SPSPACE � O < G• iI ( \\� ♦,,�, � ! eI ,. ynt (I i neneBriQnO d1t IIs OPO // 62 MONTNALEAVE. SUITE I i \ 1 I } 3.0 S. 1 , STONEH AM MA 02180 '� 438-6121 FAX:(78 1)438-9654 6.3' (781 71 I _r— ecza wa l sr��u_-- _ ams _ w,e ass 4 see — / SWH FW DATE: `Ram 78.58 _ — .._._. __ _ -- _..s1cs«>t,—� —_ `245 Li,sE_?X1 _ — �-.. 6E:PdY0.Rh"Vf58 LF.121iGY' SQfA%" ="D��• 2P—Yf�j` _ -^ 5 a '-�� 9.0! H:\PR..\728-01..\Plans\Vcr..Kiosk. � G i R:,,-aasr /.1e i`• .._----' w,ri!D STS EET n«7s.a6 C d./k SCALE: sit - m, yo�f y L Y 61 411 SHEET OF NORTH Zoning Bylaw Review Form O� q Town Of North Andover OA Building Department 1600 Osgood Street, Building 20, Suite 2-36 North Andover, MA. 01845 SSACHUsEt�y Phone 978-688-9545 Fax 978-688-9542 Street: 109-123 Main Street - Kiosk Ma /Lot: 29/48 Applicant: San Lau Realty Trust Request: Renovation of existing Messina's Shopping Center Date: 2-13-07 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: GB Item Notes Item Notes A Lot Area F Frontage 1 Lot area Insufficient 1 Frontage Insufficient 2 Lot Area Preexisting X 2 Frontage Complies X 3 Lot Area Complies X 3 Preexisting frontage X 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies X 4 Special Permit Required X 3 Preexisting CBA X 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply 1 Height Exceeds Maximum 2 Front(Main) Insufficient X 2 Complies X 3 Left(School) Insufficient 3 Preexisting Height X 4 Right(First) Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks 1 Coverage exceeds maximum 7 Insufficient Information 2 Coverage Complies X D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information 2 In Watershed j Sign 3 Lot prior to 10/24/94 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Insufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required 1 More Parking Required 2 Not in district X 2 Parking Lot Screening X 3 Insufficient Information Remedyfor the above is checked below. Item# Special Permits Planning Board Item# Variance B-4 Site Plan Review Special Permit O-2 Setback Variance Access other than Frontage Special Permit K-2 Parking Variance Frontage Exception Lot Special Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit Special Permits Zoning Board Independent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing, Non- Conforming Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided at the discretion of the Building Department.The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for the ab=,Youle a newbuilding permit application form and begin the permitting process. Building Department Official Signature Application Received A plica ion Denied Denial Sent: If Faxed Phone Number/Date: r _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ - _ _ - _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ - - - _ - - - - - - - - - - - - - - _ _ - _ _ _ - - _ _ _ .. . . . . .. .. .. ... . . . .. . . . .. .. . .. . . . .. . . . .. . . . . .. .. H.H. Mount& Co., Inc. , Architects rn Do 4w m W.Wpn I&W 9-b-6 r.�.r..nr 111"p-M (978)744-3334 r ------ --- ------------ (978)74!-9161 Fax , I I , o.nunn I I bb flsin 12 I I hhm 06-113 I / / I January Il, 2001 I I I I jF__ ------ ----- +I I I Frofecc ' I i Shopping Center ' I ' I I Renovation Project N q1I II I I , I I I �San Lau I I I I 8 I I I I 1*-123 MSTrust treet worth Ana ver,MA ra ------- ----------- Optional ---- ---------- Optional Corner ATM Floor Plan (Scheme 01) ' I I 121-011 I n 14 5294 ty� ••" N n°' 1/4' = 1'-0' ac, I Q,, m.r�•..tn A1 , 3 SIV, Vv - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 Optional Corner AT1„I Elevation 1/4" - 1'-O" -Optional Corner ATM Floor Flan, 1/4" - 1'- " -- hhm 06-013 (10/06) { ————————————————————————————————————— I I I I I I ATM Kosk(Man Street)-(38.22 Square Feet x 209'of Area=lb Allowable Signage Square Footage) ATM Kosk(First Street)-(2L33 Square Feet x 209;of Area=4.5 Allowable Signage Square Footage) (Approx Signage S¢e) x (Number of Signe)=(Total Sq.Ftg) (Approx.Signage Sce) x (Number of Signs)=(Total Sq.Ftg.) Q-6 x 5-07 x (I Total) _(13 5q.Ftg) (r-6'x 3'-07 x (I Total (43 5q.Ftgd I ct5 54 Ftg) (43 Sq.Ftg) Total Signage Square Footage (15 5q.Ftq) <lb Allowable Square Footage Total Signage Square Footage =(43 5q Ftg) =43 Allowable Square Footage N.H.Moran)&Co..Inc. I Architects I r--- --------------- I I I 9 S ]JD-5161 Fo• I I I I I I I I d I I 12 I // / I t>J hhm 06 113 I I I Felxuay e,2WI I Im I 4-4-1 U r--i I _ a,- Center I I I I I @i I I Meeelne'e I I II II � I I I II II I II I I II II � I I 1 III III � m N�nti Ver na I II II 6' I I I I I Optunel corner ATM Pier 12'-�' -(d' p5er ewe-D I I I I I � Location d Approx.Dimension of Existing Location d Approx.Dimension of Existin Signage at New Awning Location.(15 s.f.) Signage at New Awning Location.(4.5 s..) (Approx-Size = I'-61' x 5-0' ) ATM KIOSK (Approx.Size = I'-6'x Y-O') ATM KIOSK Main Street Elevation. First Street Elevation I A1.3 F i 1 Optional Corner ATM Elevation, 1/4 = l'-a" I III Optional Corner ATM door Plan, 1/4" = 1'-0" mt, I I I I ■■■■ ._.. ... `-�.1_ _ - �i C= IMMUM C :i .. t til��A�{�t a �i� iu>f�pl�iil■ awl t ■I S`! � d •�( e SM L K &. VAUGHAN MEMORANDUM TO. GERALD BROWN,INSPECTOR OF BUILDINGS FROM: JOHN T.SMOLAK SUBJECT: 109-123 MAIN STREET—PRELIMINARY ZONING ANALYSIS DATE: FEBRUARY 8,2007 In preparation for the Petitioner's (San Lau Realty Trust) filings with the Zoning Board of Appeals,the following outlines the zoning relief to be requested. We are requesting your confirmation of the same. The Petitioner proposes to file two separate variance petitions. The first variance petition will be based upon a plan entitled"Variance Plan—Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Site Plan"),prepared by Marchionda&Associates, LP. The second variance petition will involve a proposal for a kiosk building to be located at the corner of Main Street and First Street in response to a request from certain Town officials to examine the feasibility of locating structures along Main Street,and such second petition will be based upon a plan entitled"Variance Plan—Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Kiosk Site Plan"),prepared by Marchionda&Associates,LP. Summary Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) • Requesting front yard setback of 22 feet(from Main Street) and 14.9 feet(from First Street) where 25 feet is required. 2. Section 7.3 and Table 2 (Summaryif Dimensional Requirements),Footnote 2 • Requesting rear yard setback variance to allow for less than a 15 foot buffer of portion or rear yard located closest to property boundary. 3. Section 8.1 —Parking 4. Section 8.4—Screening and Landscaping Requirements Under separate petition with respect to the kiosk Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) • Requesting front yard setback of 3.0 feet (from Main Street) and 9.0 feet (from First Street) where 25 feet is required. Special Permit for Site Plan Review is Required(NAZB Sections 8.3 and 10.3) PRELIMINARY ZONING ANAYLSIS—North Andover Zoning Bylaws,as amended A. Zoning District -- General Business (GB) B. Permitted Uses (4.131) The proposed project's uses (as listed in Section 4.13 1),including: 1.Retail stores and wholesale stores,showrooms or places for any professional,artistic or mercantile activity,not involving manufacturing;2. Banks,offices and municipal,civic,or public service building;5.Restaurant, dining room or lunch room;and,7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive to the neighborhood,are all permitted by right. C. Floodplain District (4.137) • The Site Engineer shall certify on final site plans that the site is not located within a special flood hazard area as designated on the applicable and latest FEMA FIRM described in the Town of North Andover Zoning Bylaws. D. Sig s (6.0) (Section 6.6.13-- Business and Industrial Districts: Accessory and Section 6.6.E Shopping Centers) • Section 6.6.E.(2)(Shopping Centers)of the Zoning Bylaw governs the proposed project. Subparagraph 2 provides that"Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises [are allowed], provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%)of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. • Exhibit A breaks down the permitted signage for each occupant(tenant), and compliance with the requirements above, based upon a plan entitled"Partial Signage--Messina's Shopping Center Renovation Project(Dwg.No. A2.2),"dated October, 2006, prepared by H.H. Morant&Co., Inc.. • The existing site includes building directory signs, and under Section 6.6.1)(8)of the Zoning Bylaw, "Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1)square foot for each establishment occupying the building. • Should a kiosk not be constructed at the corner of Main and First Streets,the Petitioner shall construct a ground sign as described under Section 6.6.E.3 of the Zoning Bylaw, which permits such a sign, provided that the sign is no larger than 100 s.f., is not located within 10 feet of any property line or the line of any way, and no part of the sign is more than 20 feet above the ground level. • A variance dated October 16, 1987(Petition No. 91-88)granted the site owner a variance to allow the construction of a sign within the front setback, but the approved setback distance is not clear from either the Variance Decision or Petition, and such Variance would expire fro non-use should the Petitioner replace such sign with a lawful conforming ground sign meeting the specifications noted above. E. Dimensional Requirements (7.0) Below are the required,existing and proposed dimensions for the site. • Section 7.3 of the Zoning Bylaw states that"buildings on corner lots shall have the required front setback from both streets." When we met with you back on December 27, 2006,you interpreted this provision to mean that the setback along Main Street, First Street,and School Street all were 25 feet,consistent with Section 7.3. Given that Section 7.3 governs in this circumstance,then Note#2 accompanying the Table of Dimensional Regulations(which provides that an additional 15 foot side setback shall be required when a site is located adjacent to a residential district)would not apply. • Other applicable dimensional requirements are below,and those requirements for which a variance is required are in bold print below. Requirement Required Exist Proposed • Min.Lot Area(s.f.) 25,000 s.f. 145,893 s.f.1 N/C • Max.Height(feet) 45 ft. 35 feet 32 feet,4 • Street Frontage 125 feet 321.73 N/C • Front Setback 25 feet2 24.63 22.0 Main Street) 14.9(First Street-- drive- thru only) • Side Yard Setback N/A • Rear Setback 35/50 feet4 52' 8" 51'7" See Footnote#4 • Floor Area Ratio (Max.) N/A • Lot Coverage Max. 35% 29.18%5 29.04 • Dwelling Unit Density Max/Acre N/A F. Parking(8.0) — [Variance Required Under Section 8.11 1 1989 Site Plan identified lot area as 146,200. 2 Section 7.3 of the NAZB states that"building on corner lots shall have the required front setback from both streets,"which means that this bylaw provision supercedes other side yard setback provisions described in the Zoning Bylaw so that the setback will be 25 feet from Main,Fust and School Streets. 3 1989 Site plan shows a 25-foot front setback,but Existing Conditions Plan shows a 24.6'front setback so a front setback variance will be required. 4 See Footnote 4 above. Although it appears we meet the 50-foot rear yard setback,we do not meet the 15- foot green area requirement under Note 2 of Table 2 requiring"the fust 15 feet of the total setback abutting the residential district shall remain open and green,be suitably landscaped,unbuilt on,unpaved and not parked upon." The 1984 Variance Decision granted relief to allow a 32-foot setback where 50 feet was required,but it appears the rear setback discussed at the time is the southern comer of the building where it abuts the closest housing authority building but there is no dimension there is no site plan to confirm the same. 5 The 1989 Site Plan calculated a total lot area of 146.200 multiplied by 35%to get to a max.of 51,170 s.f. allowed,but proposed total floor area at that time was 41,254 s.f.or a total of 28%which does not appear to concur with the total existing square footage. • The 1989 Site Plan approved a total of 180 spaces for the site as a result of a Zoning Bylaw provision at the time which allowed certain parking to be reduced by 50% if the site was located within 300 feet from a public parking lot. That zoning bylaw provision was eliminated in 1986. • Since the Petitioner proposes to reduce the number of parking spaces to 172,a zoning variance will be required • A computation of required parking is listed in Exhibit B. Essentially,the Petitioner proposes a total of 172 parking spaces where 271 parking spaces are required. [Variance is required under Section 8.1, Subpara.'s 1,2,7, 14. • Section 8.1(7) A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25'wide. H. Screening and Landscaping Requirements for Off-Street Parking(8.4) - [Variance Required Under Section 8.4] • For all commercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street.lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district. 1. A strip of land at least six(6)feet wide(may be part of required yard setbacks) with trees or shrubs densely planted, to create at least an impervious screen, at least four (4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five(5)feet high within three years.(Section 8.4.1) [Variance is Needed] 2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated, provided that not more than 25% of the face is open. [Variance is Needed] 3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. • For all off-street parking areas of 20 or more spaces the following criteria shall also apply. 4. On at least three sides of the perimeter of an outdoor parking lot,there shall be planted at least one tree for every thirty(30) linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either; 1) between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces, as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw). [Variance is Needed] 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets. [Variance is Needed] EXHIBIT A -- SIGN COMPLIANCE 6.6.D. Business and Industrial Districts: Accessory 8. Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. 9. Traffic Control orientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes, rest rooms, freight entrances and the like. 6.6.E. Shopping Centers 1. Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten(10) square feet. 2. Signs attached to a building or its canopy,parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%)of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. 3. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty thousand(50,000) square feet floor area or more, one(1)ground sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred(100) square feet. Such sign shall not be located within ten(10)feet of any property line or the line of any way, and no part of the sign shall be more than twenty(20)feet above the ground level. 4. Temporary,unlighted signs, inside windows, occupying not more than fifty percent (50%)of the area of the window requires no sign permit. -**)Compliance with the requirements above,and as outlined below,are based upon a plan entitled "Partial Signage-- Messina's Shopping Center Renovation Project(Dwg.No.A2.2)," dated October, 2006,prepared by HR Morant&Co.,Inc. Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s 1. (1" FI -NW) restaurant 92.0 18.40 18.0(1) 2'x 9' (Is' F1-NE restaurant 115.34 23.07 22.0(1) 2' x 11' (2nd FI-NW) office 92.0 18.40 18.0(1) 2'x 9' (2"d FI-NE) office 115.34 23.07 22.0(1) 2' x 11' 2. (1" FI-N W) retail 121.14 24.20 24.0(1) 2' x 12' 3. (1" Fl-NW) retail 175.0 35.00 35.0(1) 2' x 17.6' (2nd FI) office 175.0 35.00 35.0(2) 2' x 18.9' 4. (ls`Fl-NW)retail 150.00 30.00 30.0(1) 2' x 15' 5. (1" FI-NW)retail 70.00 14.00 14.0(1) 2' x 7' (2"d FI-NW)office 70.00 14.00 14.0(1) 2' x 7' 6. (ls`FI-NW)retail 121.14 24.20 24.0(1) 2' x 12' 6. (1" F1-NE) retail 224.00 44.80 20.29(1) 2' x 10'2" 7. (1" FI-NE) retail 306.0 61.20 60.87(3) 2' x 10'2" (I" FI-NW)retail 369.0 73.80 72.99(3) 2' x 12'2" Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s KIOSK retail -- Main Street 38.22 7.6 7.50(1) 1'6" x 5' -- First Street 21.33 4.5 4.5(t) 1'6 x 3' EXHIBIT B -PARKING CALCULATIONS Requirements under Section 8.0 Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA restaurants,drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. 1000sf GFA in B 1, B2, & GB. Offices 1 space per 300 square feet of GFA. Space Number Proposed Use Square Footage/Seats Req'd Parkin 1. 1,832(1st Fl) restaurant Greater of 1 space per 2 seats or 15 seats per 1,000) 42 seats(21 spaces) or 15 x 1.832 (27.48 sp.) 27.48 2. 1,955 retail 1,955(5 per 1,000) 9.775 3. 2,465 retail 2,465(5 per 1,000) 12.325 4. 2,347 retail 2,347(5 per 1,000) 11.735 5. 1,380 retail 1,380(5 per 1,000) 6.9 6. 4,135 retail 4,135(5 per 1,000) 20.675 6. 18,082 retail 18,082(5 per 1,000) 90.41 7. 13,006 retail 13,006(5 per 1,000) 65.03 (additional second Floor Storage Space of 1,900 s.f. above Space No. 7 would not be counted for parking purposes) Second Floor 7,522 office 7,522(1 per 300) 25.073 Kiosk 225 retail 225(5 per 1,000) 1.125 Total Square Footage 54,849 s.L Total Spaces Required 270.528 (271) Total Spaces Provided 172 hap be Mad aha ett'"he a ''+�'�• MY AP"shag be filed of this a C.. :' "ftia(20)days atter the I of the TawnM X025 4 32 L1,H dm of luWq of we Mo*, to 10*office of the Taw" low x at'MoMTM"06vax - awusarn BOARD OF APPEALS j June 19, 1984 l9sE Mr. Daniel Long, Town Clerk - San Lau Realty Trust . Town Office Building 109-123 Main Street North Andover, Mass. 01845 Petition No. 3S-184 ax.k4w _. Dear Mr. Longe The Board of Appeals held a public hearing on Monday evening, '"'••' 4 June 11, 1984 upon the application of San Lau Realty Trust. vmeats { The hearing was advertised in the North Andover Citizen on ( May 24 and 31, 1984 and all abutters were notified by regular nail. The following members were present and voting; Alfred Frizelle, Egg., vice Chair=an; William J. Sullivan; Augostine the Nickerson; Walter F. Soule;_and:faurice S. Foulds. 11 bmw a The petitioner seeks a-val+ance from-the-provisions of Section 7, Paragraph 7.3 and Table 2 so as to permit relief from the side and rear yard setback regaiirements on-ppMres-located-at-10.9--' -- 123 Aain Street, located in the General Business (GB) Toning.__,_--:L_:'• +.. district.— - _---�— I Counsel for the petitioner testified that the variance is necessary - �a center - to allow San Lau Realty Trust to construct an addition to the rear Andover of the premises at 109 Main Street. The proposed addition is for the Bally. building that is occupied by Messina's Market- The premises affected ' are in a GD district and the rear of the premises abut a R-5 district, The side of the premises along First Street abut a R-4 district. The 1 - proposed building will be located 32 feet from the mar lot line. Joe Chairman The Zoning By Law requires a 50 foot setback when a business district abuts a residential district. The proposed building will be located 22 feet from the side lot line, where the By Law requires-a 25 foot setback. The present building has been situated in its position for over 20 i years. There is greenery on the rear lot line where the property abuts the R-5 district, being land of the North Andover Housing -T The trustees of Sao Lau Realty Trust wish to help North Andover imp• prove its downtown by upgrading the appearance of the buildings in the ( ares. _. AM Than afW , a Cml days atter pp Y,. X `u 3� deal ftttni of Lhls tldawn, :,F: i 110Et, :it1t In the Oft C1 the trm, TA Ot NO Cwk 1.!: SIS 11 MASSACHUMM ROAiD OF A 6U C 1, NOTICE OF DECISION i arul. ls. 84 ,x9........ .. Vis!, lul d Vied'.Juga,llr,198.4 Mr. Daniel L }41,,h SAM 2J44 REALTY TROST North Andove 109-123 Hain Street - Dear Mr. Toon Office aEaRad.................... 1 !eravarka hmthe ngd"mantsda- Ton1P9.ttll.kie [on 1T h iag to eb abwe p�� , " ................ 1 b 7 � and Tabje 2,•............. I The Board of Section... P?;aYF!rP.... .-...... 1 June 11, ng8 ry ......,-� � , The hearing relief from, tha•pile..en-Q.R44CY4id. m'hP .»►� 1"1.' •'� a ((`` >biOeAta May 24 and 3 ld e4 C �, ae as b pana*it... mail. The f k•� "� trucGion af„a0..pdditlpxl................................. - ( Prizelle, Es to.alloy,.t2}e,cone..... Nickerson; u Atter a I.,tlie hwrres Om as Or ato.e dab.the Beard d Appay 1 She petition variance,..- and breb.eetbar+>a tba BaOdiaa Imp.atar b iaw a Paragraph 7. — and rear yar tette sonstruc�.atr.addittoa.ta-the.tiesniba'.s.Katket.buildiaa..... + 123 Main st: _. district., 1 0 �I I.the om.b cdon d lba above wort.ha.ad open the p�r{oj csnditiow:' 1 - Counsel for That 4 foot high hamiocka'be Planted and maintained 4 feet on center en allow Sar 2105 feet along the lot line abutting land N/F of t>e North Andover _ _ of the premi Housing Authority and 56% feet along land NIP of Kelly R. Realty. build}ng ttz fit f arc in a G6 Tlta�bt,�,t ttitez7Ct7 die Tate side of siva I prodosed bui V < �. ��.-, ;• Alfred,E:, PrizelXe,.Esq..,,-V4te Chairman j The Zoning abuts ares: L.' i 22 feet Era G %- William 3, Sullivan. ...... .... �• �; '��� ... setback. f, `v.. Augustine W. Nickerson The present I \^, Soule ti years. The: + `� �. Walter F. abuts the R !taurice S. eoulds. ..- Authority. 1 _ :1; .%>�'+�t•�,••-fi/• SasrdeJdApad+ The trustee. prove its d area. y 1 31iz aaaovv- 3 "t o77 4 ���I y� q ✓.'`' art � r i ar Biu Lau Saalty Trust 109-123 Main &treat a;n •,„ • r:K. -z''+ - ,a,. 1 petition'tio. 33--84 ,! p 19, 1984 J►M 25 RUNIC , +! ( ' :• ! Upon a motion made by poulda and --dsd by-M=. SenLS.a Board voted unanimously to grant the Variancesubject to tbi following Conditions f1z r n tr tie{ - 'y'Xs.'1i; ' ,ue t, •i a f 9 1. that 3 toot hi b-IOc cs be planted and maintainaa a:feat of £ i center 210% feet along the lot line abutting land YP'u v. { j j North Andover sousing Authority and SO feat along land,N/!Of y �k kt ii rally A. Realt .j •� Ln granting the variance, the Board finds that Section IO.d o{ the i .i Eoning By Lar has been satisfied. in partieulart the Board 14ade } 3 that owing to the size and shape of the lot, a literal aafarcement y��,Uklit11.v ` of the provisions of the By Lav would create a hardship to the Town Office E �- Board further finds that desirable relief way be { i petitioner. The _ North Andover granted without substantial detriment to tate public good and without nullifying or substantially derogating from the latent and purpose Dear Mr. Long l of the Zoning By Lar. + Sincerely, At a regular the North An( SBD Qy APPF.US the decision Realty trust Were present Alfred C. Friselle, Esq.. _ i Maurice S. F 1 � Vice Chairman Upon a morin tt �, Board then v- 1, — - - words "'and S ll (plan to fooitk_ _ _ __.:-__ Kindly attar �; 4+ _ •_. jr= - .__. -- office. a -- i tMshro TWO cc Applican I Attorney parties I Building Assessoe Recorded Au 1 - 4 -7 1 f Y.. Any appeal shall lie mea 275 S rdthhi RO1 d3a after the II ' at this Notice 'mit ' IN of ffis at the Town ChrIL JUL IJ Z is rN 114 rOw O/NOW"AM CVM 1 YASSACHUSWr s w ` ?{; BOARD OF APPEAl.B .t oa .,: th. Y: ,YF of .t July 17, 1984 0; the nesnaa = cament _ Mr. Daniel Long. Town Clerk San Lau Realty Trust ay be Toxa Office Building 109-123 Main Street rithout --_ North Andover, Mass. Petition No. 35-184 purpp9e Z_: Dear Mr. Long: At a regular monthly meeting held on Monday evening, July 9. 1984 the North An. Board of Appeals voted unanimously to reconsider the deeisien randered on June 11, 1484 on the .petition of San Lau Realty Trust, being Petition No. 3$-184. The following members tKAC were present and voting; Alfred S. Frixelle. Esq., Vice Chairman; killlam J. Sullivan; Augustine N. Nickerson; and Associate Member Esq., _ Maurice S. Foulds. Upon a motin made by Mr. Nickerson and seconded by Mr. Foulds, the Board then voted unanimously to amend the decision by deleting the -- - xords "and S6 1/2 feet along land 8/F of Kelly R. Realty.' . •— - Kindly attach this amendment:-to-thq'declston on file in your `-- '- office. .__ Sincerely. 7Ns x leOW"he l+b=deo hMdWWamaddetedli"2d BOARD OF APPFALS e Alfred E. Prirelle, �rr Vice Chairman jw k cc Applicant •/��_1•:moi' Attorney I Parties in Interest Building Inspector t ..� ,.� Assessor '•� .' ��•*•••'�f. -i •rSa�tti/.. Recorded Aug.28,1984 at 3:28M #16354 ���0- •_ ' i{ i E TOWN OF NORTH ANDOVER Site Review Checklist Prepared By: Minco Development Corporation For: Sanlau Realty Trust 1. 8.3 Site Plan Review: 1. Site Plan Review. Requested by Sanlau Realty Trust for the rehabilation of approximately 32,000 sq/ft of retail space and the addition of approximately 19,500 sq/ft.of new two story retail space. 2. Most advantageous use of the properties. In full compliance with Downtown Revitalization Strategy prepared by Urban Systems Research & Engineering, Inc., 36 Boylston Street, Cambridge, MA. 3. Reasonable protection of legitimate interests of adjoining owners and occupants . Please see site plan and artist rendition. 4. Site Plan a) Registered Architect Stamp. - Eric Brainerd A.I.A. b) Registered Engineer. - Ronald Buia C) Landscape Architect. - Peter Hornbeck 5. Recording at Registry of Oeeds upon approval of Planning Board. Developers will comply with this requirement and will site plan. II. Procedure : 1. (9) Copies of the Site Plan. Completed. 2. Public Hearing. Posted and held on May 4, 1986 continued . 3. Recommendation of department Heads. Please see letter, Buddy Cyr, Board Of Health, Building Inspector and Fire Chief. All departments were informed of project at two develop- mental Town Meetings. Developer has made every attempt to incorporate their requirements. III. Plan Requirements: I. Compliance with requirements for parking and loading spaces. a) Frontage. 125' Project Complies 321 ' b) Yards. 25 ' Project Complies at least 25 '+ c) Heights. 45' Project Complies 40 +/- d) Coverage of building. 35% Project Complies 30Z +/- e) All other provisions of Bylaw. Drawing will conform to Massachusetts state building codes as certified by architect. Required by zoning by-law 117'k spaces. Provided - 180 spaces. *Note amount of parking is reduced by 50% because site is within 300' of municipal parking. 2. Convenience and Safety of vehicular and pedestrian movement on the site. Separate pedestrian on site walkway provided as per drawings and vehicular traffic and firelanes provided as per site plan. 3. Location of driveway openings in relation to street traffic. Same as required by town's Master Traffic Plan. No changes proposed to existing curb cuts. III . Pian Requirements (cont. ) : 4. Arrangement, design and appearance of proposed building, structure. a) Freestanding or ground signs. b) Screening and principle landscaping. c) Lighting. d) Planting showing size and kind of plants. a) Existing pylon signs and sign as per drawings. b) See landscape plan. c) Colonial in nature-see plan. d) In accordance with landscape architect plan prepared by Peter 8ornbeck. 5. Adequacy of methods of the site for waste disposal. Area for (3) dumpsters located at rear of buildings. Sewage to tie into existing municipal system. 6. Surface and sub—surface drainage. Developers do not anticipate any increased drainage requirements. Existing site is presently entirely paved. No drainage problems currently exist, with exception on service driveway which will be paved and(3) new catch basins installed. 7. Location of wetland. No wetland on site-see engineered site survey. 8. Existing and proposed topography. No proposed topography changes with the exception of retaining wall as per plan. MUM Any appeal s`, 'I to filed � 1'Jitf'Irl f ), -"! r j +, she REw+N-f R c'a�� ct�i, n; ct tilts i'!ctice NORTH A 1V D O V E in Lid'? CJiil�� Gf the 1-o:'Jn N ' SSACHUSETTS NOR ; t ;, CR Clerk. �-1--- MAY (ft r 1�1 I 1 102748 R MOkTh ,U6 0 i "SACµort NOTI CE OF DECISION Date. . . . .May. .12: .1.9.8 6. . . . . . . . . . Date of Hearing MAY. S AND MAY 12 , 19 Petition of . . . . _ SAN LAU REALTY TRUST. . . . . . . . . . . .. . . . . . . .. . . . . . . . . Premises affected . . . . . .109.,. .11l.,- .117 ,. .1.25. MAIN. STREET. . . Referring to the above petition for a special permit from the requirements of the . . . . . . . . Z.o. .ning BX1aw, .Section 8, Para. .3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit . . . . . . . . .Site Plan Approval. Process . . . . . . _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Planning Board voted to . . ,approve_ . . . .the . . . . . Site Plan Review Special Permit. . . . . . . . . . . . . . This Is to certify that twenty(20)days have elapsed from date of decision filed without filing of an appeal. based upon the following conditions: Qate - �� p o g Danl ng, Town Clark Signed . . . . .Michael. P... .Bobexts. . . . . . ATTEST: . . . . .Paul A. . Hadstrom . . . . . . . . A True Copy . . . . .Johh .Simons . . . . . . . . . . . . . . Town Clerk . . . . ..7PhA .LT, . J3uz�9. . . . . . . . . . . . . . . . Erigh .W.. Rit?:pe17E�. . . . . . . .Planning Bonyd RHIN � Any appeal shall be filed within (20) c:,%,,c after the n_ date of 11,1-13 of tlii; (`.otice TOWN OF NORTH ANDOVER in the Office of the Town 120 Main Street Clerk. - i1�Y N North Andover, MA. 01845 27 685-4775 O' AORjp,4 O � n `4 itSSgCMUSt `' May 12, 1986 Mr. Daniel Long, Town Clerk Town Hall 120 Main Street North Andover, MA 01845 Re: Sanlau Realty Trust - Site Plan Review through Special Permit Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, May 5, '1986 at 8:00 p.m. in the Town Office Meeting Room upon the application of Sanlau Realty Trust of North Andover, MA. The hearing was advertized in the North Andover Citizen on April 17 and April 24, 1986 . The following members were present at the May 5, 1986 meeting: Michael P. Roberts, Chairman; Paul A. Hedstrom, Vice-Chairman; John Simons, John J- Burke and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 8, paragraph 3 ; Site Plan Review of the Horth Andover Zoning Bylaw. The purpose of the Site Plan Special Permit is to review Sanlau Realty' s proposal to demolish the existing Mister Donut building and to extend and rehabilitate an existing shopping center at 109, 111, 117 , 125 Main Street in downtorn North Andover with associated parking known as Messina ' s. The premises affected are in the General Business District possessing 3. 275 acres with 321 feet of frontage on Main Street and 477 .5 feet on First Street. At the hearing, the applicant ' s representative, Mr . Lou Minicucci, gave the following presentation: - They are proposing to rehabilitate and extend the existing Messina ' s shopping plaza. - It will be funded through a UDAG Grant through the City of Lawrence and an Industrial Revenue Bond through the Town of North Andover . - It will possess approximately a total of 55, 000 square feet of retail space; 2nd floor - 8,000 square feet. - It will have a clapboard/brick-faced colonial design. - Landscaping will be per the landscape plan and include - Landscaping design and landscape architects stamp to be placed on the plans . - Drainage design and any curb cuts to be placed on plan. The information was furnished to the full board at the May 12, 1986 Planning Board meeting. The following members were. present and voting at the July 12, 1986 meeting when the board rendered their decision: Michael P. Roberts, Chairman; John Simons, John J. Burke and Erich W. Nitzsche. Upon a motion made by John J. Burke and seconded by Erich W. Nitzsche, the board voted unanimously to .grant the petition for Site Plan Approval under the Special Permit process for Sanlau Realty Trust, plan dated April, 1986, revised May 8, 1986 by Eric I. Brainerd, Architect, Andover, MA subject to the following: 1. The applicant shall comply with the requirements of the Fire Department, Highway Department and Board of Health recommendations as addressed in their letters to the Planning Board. 2. Demolition of 'the existing Mister Donut shall comply with all local and state regulations. 3. No spot lights from the site shall be directed on to abutting properties. 4. Screening shall be provided on site abutting land of the North Andover Housing 'Authority. S. Minimum 12" drain pipe shall be used vs. that referenced on the plan. 6. Drainage flows shall not be changed from what presently exists. 7. The petitioner shall take every precaution necessary to monitor and police the one way truck access to minimize congestion on First Street. 8. Electrical, telephone, cable and the like shall all be installed underground. 9. Construction of the project shall be in complete uniformity with the Site Plan entitled "ADDITIONS & ALTERATIONS TO SHOPPING COMPLEX FOR SAN LAU REALTY TRUST" dated May 8, 1986, with the exception of the above conditions . In granting this Special Permit, the Planning board finds pursuant to Section 10. 31 - Conditions for Approval of Special Permits of the Zoning Bylaw, that the following conditions are met: -There will be no nuisance or serious hazard to vehicles or pedestrians due to the following: a. Curb cuts are consistent with Downtown Improvement Plan. -Adequate and appropriate facilities, such as town water and sewer and adequate parking will be provided for the proper operation of the proposed uses. -Based on site visits , the hearing process, and reviews and input from town boards and departments, the aforementioned allowed uses permitted under Section 4. 128 General Business, is considered to be harmony with the general purpose and intent of the Bylaw. Sincerely, PLANNING BOARD Michael P. Roberts, Chairman MPR:nrs PB:18 cc: Highway Surveyor Board of Public Works Tree Department Conservation Commission Building Inspector Board of Health Assessor Fire Chief Police Chief Applicant Engineer File TOWN OF NORTH ANDOVER HAS SACHUSETTS •l Any appeal,shall be filed p within (20) days after the • ° �;.:�'r date of filing of this Notice TSUSE' in the Office of the Town Clerk. NOTICE OF DECISION I' Date• .. November 20, 1989 . . . . . . . . . . .. . . . . . . Date of Hearing • November. 16:• 1989 Petition ofSanlau Realty Trust . . . . .. .. . ... •.... .. .. .. . . . Prem] es affected ,109-123 Main Street II „c .. . . . .. . . . . . . . . . . . . . . Referring to the above petition for a special permit from the requirements of,the°. North Andover Zoning Bylaw - Section 8.36 - Revisions to Approved Site Plan . .. . . . .... ...... .. .. . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . modify . . . . . . . .. . . . . . .. SU as to # .the�SitePlan approved May 12, 1.9.8.6. for back enbankment of • .• • . . • . . .• . • . • . • • . landscaVing and.rip-rap wall. . .. . .. . . ... . . . . . . . . . .. . . . . . .. . .. .. .. . . . . .. . .. . . . . . . . .. . . . . . . After a public hearing given on the above date, the Planning Board voted Conditionally to ApPrPYP. . ... .. . .the .. .§4t1,Plan Modification based upon the following conditions: Sign 1d CC. Director of Public works -Board of Public works G�Q�q� •P,erna,• Jr.•,• Chazrman. • . . . Highway Surveyor Conservation Commission jgtz) .Simons,� Clerk • • . • . • • • • • • • . • Board of Health Ntzsche Building Inspector Erich . .. . . . . . . . . . . . . . . . . . . . . .. . . Assessors Police Chief, Fire Chief �I�C�4.��aham. . . . . . . • • • , . . • . . • . Applicant, Engineer John Draper • . . . • �Itil71n]]11}tr � File, Interested Parties };rr:rrr} OFFICES OF: A s Town of 120 Main Street BUILDINGNorth Andover :: ::•: NORTH ANDOVER Massachusetts 01845 CONSERVA'T'ION '� 1� HEALTH DIVISION OF (508)682.64$3 PLANNING PLANNING & COMMUNITY DEVELOPMENT KAREN H.P. NELSON, DIRECTOR Mr. Daniel Long, Town Cleric Town Hall 120 Main Street North Andover, MA 01845 + +, Dear Mr., Long The North Andover Planning iia_ ,: _ + ,.,+, ,.!. ;!: „!: 13, 1989, upon the application o1_ :.: •.•n!<.!L! + , ,:� t r_.+; 7'rc,_ 1 Street, North Andover, HA, Review Modification, pursuant, t q Andover Zoning Bylaw, :.vection _ . .:� Plan. The hearing was duly ad ert: t : ,,•! ill on June 22 and June 29, 1989 and notified. The following memb--i.. l7tt:`, --..:�•;;, r,.: t•,. + Chairman John Simons C !; r' r �� 1 ; Clerk; tJi:i+_ i .�� _ i. ctl! . t� . , The petitioner seeks modiii,,at.iorl of Review. John Simons read the legal !!�+` .1. to ;,,-•r, ,.,; > ,• , ; ��. r Letters were read from Chris Bob Nicetta, Building Inspector. Chris Huntress expla died to t,!io ts,.+w+ ,] proposing on the moditicatiorl off from the Order of Condition::, t he was supposed to be built, lie wo+.11(( lil,_J retaining wall to hold b,-:ick hearing were Santo Messina, Ailll architect for the Housing Authori%,,1 . A lengthy discussion to",,. )�!._: '+' _):1 position of the building buil!, by the applicant and the architect, zold '.1!+ ! rcl, Page 2: George Perna stated that the and should be resolved with the 13u;.1c#i.[Iq lrlspectcl. . An updated As-Built Plan z!; nee,l�,ci needed are documents for easements _ rid/or Lane! suap . A motion was made by Join millrJn`: L') 4 t!1t:1nC, hearing. The motion was set-,—on od by 1"ric-h N i'•: unanimous by those present. On August 10 - - , - g , 1989, the �'lcl[lll..+1 � 130c1 L•(} The following members were present : [�eorcrr 1:112rna , ! t_'tlair.m r[; Erich Nitzsche and Jack Graham. Pav1 JFdsLEQIR arri ;eri John Simons was absent. A motion was made by hearing until the Board had a quoruirv. , On August 24, 1989 the Plartninq Hoard held -i The following members were present: (;eol•c!e Pext�.-1, J +:h i..L l"'t l; John Simons, Clerk; Erich Nitzsche :�.nd ��ack Gr:_lhant. John Simons read a letter that w,.is s(311L t,) 'r_ll+� or.! Chris Huntress, Planner. The letter alas c,n the had expressed. George Perna stated what file the retaining wall as it was oricrinally on the appluvi:cl p Lati Santo Messina spoke to the Eio<.1 -�} on Lite i ol.,d1.'_ as it relates to the retaining ctrl l l , ci}..irlg th._it i L j Mr. Messina stated that erosion fxon! L!IE' t!•.11.;�.nc! lllt !t + .I k!. reason for the conditions on site . [!l . 11� ::r l.n,[ t•�:::It tS '•+, !; i ';t!. juniper trees to control the sit,. . 'I'll(! i>+++_:i't,i �1. .!: .:. C_! ! ! !I(I wall, eight feet high. Hope Minnicucci, #iousinq 1tutllor:it l Board on the easements not being recorded . A motion was made by Jn}u[ :_� ;. ��n:- L") hearing and set up a site visit and Cil e i t trz L1 be September 6, 1989 . Chris to silt !.h= t.:r "� n, ! Hope Minnicucci, Anna O 'Connor, Santo liesaln+�, t3nn t?+.' it: d Ni L.1 Hmurciak. The motion was sec,_indc:ti by ! cic;#[ "ii_ s _ l i V --d unanimous by those present. On October 19, 1'9;{4, meeting. The foIlowinq [nerTlberr >.r ^ ;,LF . ,.!,r : Chairman; John Simons, Clerk, 1•t_ r;. I! l:!! _l:!:! ;i+,j!;; :. Nitzsche arrived at 8: 15 p . m. Wage 3: John Simons read a letLe_ extension on 'the public hearing. A motion was made by John hearing to November 16, 1989. "la" ';ec ilvh- ,! !,y Nitzsche and voted unanimous by tiro)::,° On November 16 , 1989 the Plann:in,.; meeting. The following member trey ;�r., �:�rn _ : ,:. .t u:., , J t , Chairman; John Simons, Clerk; 1:!r.ich '!: t�:sclte , J.a,: l: ,_, Ji, . ,.! ,_,I1d j,_!H) Draper. Chris Huntress, Planner, : t: ted Lila', it^ plans of the retaining wall but then were nut; dr .ivn '., :-.ie . Mr Messina stated that the landscape p .1n i ..,c± .:ot addressed because he was going Lo c;ras: . Chris Huntress gave the board a copy o!. -k cl_::• ' E :: i. . The Plans need to be drawn to scale and a Yr.oE i r!. .1 Lind Surveyor stamp is needed. Erich Nitzsche asked of Lh,2 ]:,rl Fndary !_fines v . 1•. c'or ! • � l. , Chris Huntress asked that the fire Jane and tic, parking !)o plt:tltt,_>,l on the way behind the building. Eri. -!► }tit�sc tcF ca�,IttF c.: .i +r .t.au n�.tL in the decision relative to the trees, being repla.-ed it ti-!7 sh11U1 d die. Chris Huntress to find th,-� t, ochliicai Staltic `,,1 retaining wall that will be used in the back )i tale A motion was made by Erich ".i_tzschc, t.,-) Lr, ;, ,,. ► hearing and approve the draft deci :ort as _menc!ed. f seconded by John Draper and voted unanir•,ou;, Liv �J, t)c:r'I- A ,' c a.1 1)11 !_ CC: Director of Public Works Board of Public Works Highway Surveyor Conservation Commission Board of Health Building Inspector Assessors Police Chief Fire Chief Applicant Engineer File SAN LAU REALTY TRUST Site Plan Review Modification. The Planning Board makes the following findings regarding this Special Permit as required by section 8.3 of the Zoning Bylaws: 1. The proposed use and site design for this lot are appropriate, due to it's location in Town. 2. Adequate vehicular and pedestrian access into the surrounding site has been provided. 3. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 4. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Planning Board finds under Section 8.35 of the Zoning Bylaw that the proposed site plan, together with the following conditions, complies with the Town Bylaw requirements. Upon reaching the above findings, the Planning Board approves this Special Permit based upon the following conditions which shall be submitted to the Board prior to signing the documents to be filed with the North Essex Registry of Deeds. 1. The final plans, which shall be filed with the North Essex Registry of Deeds, shall include the following in one packet: a. Proposed Retaining Wall for San Lau Realty Trust. Dated November 14, 1989. (With appropriate revisions as noted in this decision) b. Landscape Plan, as approved by the Town Planner. All plans shall be on 24" x 36" sheets 2. All Planning Board Order of Conditions, issued herein, are to be placed upon the recorded Final Plans, ( Cover Sheet ) prior to endorsement and filing with the Registry of Deeds. 3. 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 this approval, shall be replaced by the owner. If the applicant fails to comply with this condition a modification to this approval shall be required by the Planning Board. 4. All prior conditions, that are not herein modified by this decision, are to remain in full force and effect. r 5. The roadway behind the buildings shall maintain a twenty two (22) foot width at minimum, and in no instance shall the wall or curbing be brought closer to the building than as shown on the approved plans. 5. Prior to the endorsement of the record plans a final landscape plan shall be submitted to, and approved by the Town Planner. Said plan shall be part of the record plans and shall be filed with the North Essex Registry of Deeds. 7. All construction shall commence by May 1, 1990, and shall be complete by July 1, 1990. 8. The Plan entitled Proposed Retaining Wall for San Lau Realty Trust, Dated 11/14/89, is not drawn to the scale shown on the plan. The plan shall be redrawn to scale and approved by the Planning Board prior to endorsement and filing with the Registry of Deeds. 9. A Fire Lane shall be delineated on the ground along the entire back portion of the project and shall be approved by the NAFD. This is to keep vehicles from blocking the 360 degree access to this site. Any vehicles found unattended in this lane shall be subject to a ticket or tow. 10. Final Site Plan shall be stamped and signed by a Professional Land Surveyor, certifying that all buildings, property lines and retaining walls are shown as found on the site. 11. Prior to a Certificate of Occupancy being issued for any structures, the site shall be reviewed by the Planning Board. Any additional screening as may be reasonably required by the Planning Board shall be added at the owners expense. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Commission Police Chief Fire Chief Applicant Engineer File r Uf *LOPYM qro ra OCT 'SS Set S TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Sanlau Realty Trust * Petition #91-88 109-123 Main St. North Andover, MA 01845 * DECISION The Board of Appeals held a public hearing on October 13, 1987 on the application of Sanlau Realty Trust requesting a variance from the requirements of Section 4, Parag. 6.6(5)d of the Zoning ByLaws so as to permit relief from front setback in order to replace sign at shopping mall. The following members were present and voting: Frank Serio, Jr. , Chairman, Alfred Frizelle, Vice-chairman, Augustine Nickerson, Clerk, Walter Soule and Louis Rissin. The hearing was advertised in the North Andover Citizen on September 3 and September 10, 1987 and all abutters were notified by regular mail. Upon a motion made by Mr. Frizelle and seconded by Mr. Nickerson, the Board voted to GRANT the variance as requested. The Board finds that the petitioner has satisfied the provisions of Section 10, Paragraph 10.4 of the Zoning ByLaws and the granting of this variance will not derogate from the intent and purposes of the Zoning ByLaws nor will it adversely affect the neighborhood. Dated this 15th day of October, 1987. BOARD OF APPEALS This is to certify that twenty(20)days have elapsed from date of decision filed without filing of an appeal. Date 0 Z & Daniel Lo , Frank Se—_0 Jr. Town Clerk Chairman /awt ATTEST: A True Copy Town Clerk j&A �yORT/i,T�b rA R :� �, f835 ',► ► `rgCf1IS4��* TOWN aF AN NORTH i DOVER MASSACHUSETTS BOARD OF APPEALS NOTICE OF DECISION Sanlau Realty Trust Date . . . . . . 231 Sutton Street Oetober. .161 -198.7. . N. Andover, MA 01845 Petition No.. . . . • • 9.1.-88 Date of Hearing. .October 13, 1987 . . . . . . . . Petition of . . . . Sanlau Realty Trust Premises affected . • . • ,109.-123.Main. ,Street. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a variation from the requirements of thT3 Sect ion. 6,. . . . Paragraph .6..6_(5)d _of.the Zoning_ SyLaws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . so as to permit relief. from .ft'ont. s.etbaek. in ,order• to .replace, .sign_ at. .shopping mail. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Board of Appeals voted to . _GRAS_T . . . , the . . . variance. . . . . . . . . . . . . . . . . . . . . . . . . and hereby authorize the Building Inspector to issue a permit tm.erection.of. new .shopping .mall. sign.to. S.anlau.Realty.Trus.t... . . , . • . . . . . . . . X��{} 2�2�YD#K�7$id�Ig3I�Ift1t�78X Signed Frank. Serio, Jr. , Chairman Alfred Frizelle, Vice-chairman Augustine. Nickerson, Clerk Walter Soule Louis Ris.sin Board of Appeals Received //-y Town Clerk: r . TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLICATION FOR RELIEF FROM THE REQUIREMENTS OF THE ZONING ORDINANCE Applicant SANIAt/-KC�LTL/!?tJST� Address 1. Application is hereby made: a ) For a variance from the requirements 'of Section �2 Paragraph �•��✓`l�U and Table of the Zoning By Laws . b) For a Special Permit under Section��Paragraph_—of the Zoning By Laws . , c ) As a Party Aggrieved, for review ofa-d sion made by the Building Inspector or other authorit. 2. a ) Premises affected are land -and building(s ) numbered Nif- lgt4 Dl�sj1__S tree t . - . b) Premises affected are property with frontage on the North ( ) South ( ) Last ( ) west { } side of Street , and known as No. -- -- --�— ;—_ Street . C) Premises affected are in Zoning District and the premises affected have an area of squareef" ct-and frontage of feet _ -- 3. Ownership a ) Name and address of owner ( if joint ownership, give all names ) : S.PN( �f1¢�1 =12a)5T -,- � 3L�u7Ja� 4�f -- Date of Purchase ��f� Previous Ownerfy b) If applicant is not owner , check his/her interest in the premises: p -Prospective Purchaser Lesee Other (explain) _ s•�.v- A��,�ax,M�-TK y 44 Size of proposed9�x/D / front; feet deep; " Freight stories; feet . a) Approximate date of erection:_(21�p r- ----- b) Occupancy or use of each floor:' C ) Type of construction: ��)��C/ 5. Size of existing building: A'A feet front ; feet deep; Height --stories; feet . a ) Approximate date of erection: b) Occupancy or use of each floor : c ) Type of construction: G . HaS there been a previous appeal , under zoning, on these premises? If so, when? y SMOLAK . V U ATTOkNEYS AT LAW MEMORANDUM Ta GERALD BROWN,INSPECTOR OF BUILDINGS FROM: JOHN T.SMOLAK SUBJEcT: 109-123 MAIN STREET-PRELIMINARY ZONING ANALYSIS DATE: FEBRUARY 8,2007 In preparation for the Petitioner's (San Lau Realty Trust) filings with the Zoning Board of Appeals,the following outlines the zoning relief to be requested. We are requesting your confirmation of the same. The Petitioner proposes to file two separate variance petitions. The first variance petition will be based upon a plan entitled"Variance Plan-Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Site Plan"),prepared by Marchionda&Associates, LP. The second variance petition will involve a proposal for a kiosk building to be located at the corner of Main Street and Fust Street in response to a request from certain Town officials to examine the feasibility of locating structures along Main Street,and such second petition will be based upon a plan entitled"Variance Plan-Messina's Market, 109-123 Main Street in North Andover,MA(undated) (the "Kiosk Site Plan"),prepared byMarchionda&Associates,LP. Summary Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) • Requesting front yard setback of 22 feet from I�Iait;:Street d_ 14.9 feet froralW_F'ist Stn-, where 25 feet is required. Iegttes€i�gde,_. _s tfi..e-... f-1 i 9 fec {.fer pla I�res .ri.�tioa piel�ttp-mzlrop Qf€dr4ve-t4"ie ;tri tx eek w eta'-5 f *-is....eegk 2. Section 7.3 and Table 2 (Summary if Dimensional Requirements),Footnote 2 • Requesting rear yard setback variance to allow for less than a 15 foot buffer of portion or rear yard located closest to property boundary. 3. Section 8.1 -Parking 4. Section 8.4- Screening and Landscaping Requirements Under separate petition with respect to the kiosk Dimensional Variances under NAZB are required under the following: 1. Section 7.3 and Table 2 (Summary of Dimensional Requirements) • Requesting front yard setback of 3.0 feet.(!' j., air Street)and 9.0_feet._.(.froin_Fitst Strect)_where 25 feet is required, I�eq e fflg�sjde-y- et l-ack of 4;0-feet where-72-54 eet--i;;-regi iced Special Permit for Site Plan Review is Required(NAZB Sections 8.3 and 10.3) PRELIMINARY ZONING ANAYLSIS-North Andover Zoning Bylaws,as amended A. Zoning District -- General Business (GB) B. Permitted Uses (4.131) The proposed project's uses (as listed in Section 4.131),including: 1.Retail stores and wholesale stores,showrooms or places for any professional,artistic or mercantile activity,not involving manufacturing;2. Banks,offices and municipal,civic,or public service building;5.Restaurant, dining room or lunch room;and,7. Any accessory use customarily incident to any of the above permitted uses,provided that such accessory use shall not be injurious,noxious,or offensive to the neighborhood,are all permitted by right. C. Floodplain District (4.137) • The Site Engineer shall certify on final site plans that the site is not located within a special flood hazard area as designated on the applicable and latest FEMA FIRM described in the Town of North Andover Zoning Bylaws. D. Signs (6.0) (Section 6.6.1)-- Business and Industrial Districts: Accessory and Section 6.6.E Shopping Centers) • Section 6.6.E.(2)(Shopping Centers)of the Zoning Bylaw governs the proposed project. Subparagraph 2 provides that"Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises [are allowed],provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%) of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. • Exhibit A breaks down the permitted signage for each occupant(tenant), and compliance with the requirements above,based upon a plan entitled "Partial Signage-- Messina's Shopping Center Renovation Project(Dwg.No. A2.2),"dated October, 2006, prepared by H.H. Morant&Co., Inc.. • The existing site includes building directory signs,and under Section 6.6.1)(8)of the Zoning Bylaw, "Building directories(if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. • Should a kiosk not be constructed at the corner of Main and First Streets,the Petitioner shall construct a ground sign as described under Section 6.6.E.3 of the Zoning Bylaw, which permits such a sign, provided that the sign is no larger than 100 s.f., is not located within 10 feet of any property line or the line of any way, and no part of the sign is more than 20 feet above the ground level. • A variance dated October 16, 1987 (Petition No. 91-88)granted the site owner a variance to allow the construction of a sign within the front setback, but the approved setback distance is not clear from either the Variance Decision or Petition, and such Variance would expire fro non-use should the Petitioner replace such sign with a lawful conforming ground sign meeting the specifications noted above. E. Dimensional Requirements (7.0) Below are the required,existing and proposed dimensions for the site. • Section 7.3 of the Zoning Bylaw states that"buildings on corner lots shall have the required front setback from both streets." When we met with you back on December 27, i provision to mean that the setback along Main Street First 2006, you Interpreted this p g Street, and School Street all were 25 feet,consistent with Section 7.3. Given that Section 7.3 governs in this circumstance,then Note#2 accompanying the Table of Dimensional Regulations(which provides that an additional 15 foot side setback shall be required when a site is located adjacent to a residential district)would not apply. • Other applicable dimensional requirements are below,and those requirements for which a variance is required are in bold print below. Requirement Required Existing Proposed • Min.Lot Area(s.f.) 25,000 s.f. 145,893 s.f.t N/C • Max.Height(feet) 45 ft. 35 feet 32 feet,4 in. • Street Frontage 125 feet 321.73 N/C • Front Setback 25 feet2 24.63 22.0-Main.Street) —? .2s—_.._... ...._-...-.------�-:9-(d ve-th t 1989 Site Plan identified lot area as 146,200. 2 Section 7.3 of the NAZB states that"building on corner lots shall have the required front setback from both streets,"which means that this bylaw provision supercedes other side yard setback provisions described in the Zoning Bylaw so that the setback will be 25 feet from Main,First and School Streets. 3 1989 Site plan shows a 25-foot front setback,but Existing Conditions Plan shows a 24.6'front setback so a front setback variance will be required. 4---BTI, > c1izss} a � � ldizx r �22OG(, ipp<�:s that t C offwii�,slorterirttet tet the 7,© it y4aw E<a regttirN tl}a Flze et it Sc 1 Siert kx�icrdarq{r}�E iny41e sc�ittl��uti..t�r1�-k�o�����l �i�re-i�}c3g�fF>r-�cliszce-ef 2,< iia<�ra afsEat3 �-c3t�4..}� feet �xc-sic�s.—P kFtt s F31fx31rY c -v'esi:el lk 13E3I3Ie�zsr ,a ic`v}x r^� 4 E3� .`3eeEtF1 210 )a,v r fee' ll f ...treateEl...ss....1 ...rear..3:.arE1.........With..res%peii4 ttj-aziy..taot�. Si.de...yards...,a=:.i"' ...abut a...residert�ial.::1):isti:ie t; Footnote 2 (1��)tes to ROOM.Pa}3y'l'a1+le f1. SEE€r ma:i:r_<3t DAd}aeent to a resiJen6A-dI5t6c.+,an ad4itiot3al . c�istt=ie-t3kra11-retrt3ir3-a13et3-azul gree£'t;-Eie-s�kita#�1�-Izzrxls�apeel;-rtk3kz�zilt-oar-ut�Pa�<el acid-cj�t1>arl�eEi-rxpc3t�: r��e<�rdtngk;-regardless,c-�f��k3�t�e-prc�et�i�s=a1<>ttg ;t Street-at.m�Nl Street are�>necl tl3eta-t1}e-1:5-€t3c� re tic—t" g Bred Ulnd r 4:ie 1984 V'arerttie3t3 .4�z� ek F<>t siderc� hEtt Ilia.3Etiliti€ zz1 1 €Edicply-t�t1 rent-yard- aE1�lZegat{11essf ttiezutec>te;a diluersitm 1xtween Furst-Street:azRl the the Site Plan: 14.9 First Street-- drive- thru on • Side Yard Setback N/t l • Rear Setback 35/50 feet6 52' 8" 51'7" See Footnote#4 • Floor Area Ratio(Max.) N/A • Lot Coverage Max. 35% 29.18%7 29.04 • Dwelling Unit Density Max/Acre N/A F. Parkin 8.0.) - [Variance Required Under r Section 8.11 • The 1989 Site Plan approved a total of 180 spaces for the site as a result of a Zoning Bylaw provision at the time which allowed certain parking to be reduced by 50% if the site was located within 300 feet from a public parking lot. That zoning bylaw provision was eliminated in 1986. • Since the Petitioner proposes to reduce the number of parking spaces to 172,a zoning variance will be required • A computation of required parking is listed in Exhibit B. Essentially,the Petitioner proposes a total of 172 parking spaces where 271 parking spaces are required. [Variance is required under Section 8.1,Subpara.'s 1,2,7, 14. • Section 8.1(7) A parking space shall mean an area of not less than 9'x 18', accessible over unobstructed driveways not less that 25'wide. H. Screening and Landscaping Requirements for Off-Street Parking(8.4) - [Variance Required Under Section 8.41 • For all commercial and industrial districts the following minimum screening and landscaping requirements shall apply for all off-street lots with more than 6 parking spaces, or in any instance when a commercial or industrial off-street parking area of any size abuts a residential district. 1. A strip of land at least six(6)feet wide(may be part of required yard setbacks) with trees or shrubs densely planted,to create at least an impervious screen, at least four --1)34in i , ..,D 1 iJ 22 4E.,, .iE( r • ,tbaE-... -e 5 feet B . i-a f . . the time; Bu-1,see;also preceding Jootrlote; 6 See Footnote 4 above. Although it appears we meet the 50-foot rear yard setback,we do not meet the 15- foot green area requirement under Note 2 of Table 2 requiring"the first 15 feet of the total setback abutting the residential district shall remain open and green,be suitably landscaped,unbuilt on,unpaved and not parked upon." The 1984 Variance Decision granted relief to allow a 32-foot setback where 50 feet was required,but it appears the rear setback discussed at the time is the southern corner of the building where it abuts the closest housing authority building but there is no dimension there is no site plan to confirm the same. I The 1989 Site Plan calculated a total lot area of 146.200 multiplied by 35%to get to a max.of 51,170 s.f. allowed,but proposed total floor area at that time was 41,254 s.f.or a total of 28%which does not appear to concur with the total existing square footage. (4) feet high at the time of planting and which are of a type that may be commonly expected to form a year round impervious screen at least five (5)feet high within three years.(Section 8.4.1) [Variance is Needed] 2. If a natural screen as described in item 1 above cannot be attained, a wall or fence of uniform appearance at least five(5)feet high above finished grade will be allowed. Such a wall and/or fence may be perforated, provided that not more than 25% of the face is open. [Variance is Needed] 3. All required screening, as described in items 1 and 2 above, shall be maintained in good condition at all times. Such screening may be interrupted by entrances or exits, and shall have no signs attached thereto other than those permitted in the district. • For all off-street parking areas of 20 or more spaces the following criteria shall also apply. 4. On at least three sides of the perimeter of an outdoor parking lot,there shall be planted at least one tree for every thirty(30) linear feet. In the interior part of an outdoor parking lot where two rows of parking spaces containing a total of 10 or more parking spaces face each other, a landscaped open space not less than 6 feet in width shall be provided. The landscaped strip may be provided either; 1)between the rows of parking spaces parallel to the aisle or, 2) in two or more strips parallel to the spaces and extending from the aisle serving one row of spaces to the aisle serving the other row of spaces,as illustrated below. Trees required by this section shall be at least 3.5 inches in diameter at a height four feet above the ground at time of planting and shall be of a species characterized by suitability and hardiness for location in parking lot. To the extent practicable, existing trees shall be retained and used to satisfy this section. The following graphics are intended as illustrations and examples only and have not been incorporated into the requirements of this Bylaw. (See graph after Tables and Footnotes at end of Bylaw). [Variance is Needed] 5. All artificial lighting used to illuminate any commercial or industrial parking lot, loading bay or driveway shall have underground wiring and shall be so arranged that all direct rays from such lighting falls entirely within the parking, loading or driveway area, and shall be shielded or recessed so as not to shine upon abutting properties or streets. [Variance is Needed] EXHIBIT A -- SIGN COMPLIANCE 6.6.D. Business and Industrial Districts: Accessory 8. Building directories (if located outside)may be affixed to the exterior wall of a building at each public entrance. Such directory shall not exceed an area determined on the basis of one(1) square foot for each establishment occupying the building. 9. Traffic Control orientational and guidance signs located on private property, up to four (4) square feet in area, displayed for purposes of direction or convenience, including signs identifying parking, fire lanes,rest rooms,freight entrances and the like. 6.6.E. Shopping Centers I. Signs are permitted in residence districts, except that temporary real estate signs may be as large as ten(10) square feet. 2. Signs attached to a building or its canopy, parallel with the facade and not projection above the roof-line, advertising the name of a firm or goods or services available on the premises, provided that the total area of all signs erected on any wall by any occupant may not exceed twenty percent(20%)of the portion of the wall area assigned to that occupant. In no case shall any occupant's sign total more than two hundred(200) square feet facing any single street. 3. For any retailing complex comprising three(3)or more enterprises on a single lot and fifty thousand(50,000) square feet floor area or more, one(1)ground sign for each street on which the development fronts, containing the name or other identification of the area occupied by the complex. Each sign shall be no larger than one hundred (100) square feet. Such sign shall not be located within ten(10)feet of any property line or the line of any way, and no part of the sign shall be more than twenty(20)feet above the ground level. 4. Temporary, unlighted signs, inside windows,occupying not more than fifty percent (50%)of the area of the window requires no sign permit. ,Compliance with the requirements above,and as outlined below,are based upon a plan entitled "Partial Signage-- Messina's Shopping Center Renovation Project Pwg.No.A2.2)," dated October, 2006,prepared by 1-11-L Morant&Co.,Inc. Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s 1 (1St Fl -N W) restaurant 92.0 18.40 18.0(1) 2'x 9' st 22.0 1 2' x 11' 1 Fl-NE restaurant 115.34 23.07 ( ) ( °d 18.40 18.0 1 2'x 9' (2 FI-NW) office 92.0 ( ) �,d 22.0 1 2' x 11' 2 Fl-NE office 115.34 23.07 ( ) 2. (1" Fl-NW) retail 121.14 24.20 24.0(1) 2 x 12 3. (1St Fl-NW) retail 175.0 35.00 35.0(1) 2' x 17.6' nd 2 x 18.9' (2 Fl) office 175.0 35.00 35.0(2) 4. (1St Fl-NW) retail 150.00 30.00 30.0(1) 2' x 15' 5. (1st Fl-N W)retail 70.00 14.00 14.0(1) 2' x 7' (2nd Fl-NW)office 70.00 14.00 14.0(1) 2' x 7' 6. (1St Fl-NW)retail 121.14 24.20 24.0(1) 2' x 12' 6. (1" Fl-NE) retail 224.00 44.80 20.29(l) 2' x 10'2" 7 (1St F1-NE) retail 306.0 61.20 60.87(3) 2' x 10'2" (1st Fl-NW) retail 369.0 73.80 72.99(3) 2' x 12'2" Space No./ Allowable Floor/Elev. Proposed Use SF/Total SF/20% Sign Area/(No. Signs) Sign Dim.'s KIOSK retail -- Main Street 38.22 7.6 7.50(1) 1'6" x 5' -- First Street 21.33 4.5 4.5(1) 1'6 x 3' EXHIBIT B -PARKING CALCULATIONS Requirements under Section 8.0 Restaurants, sit down 1 per 2 seats or 15 per 1000 GFA restaurants, drive through (Whichever greater applies). Retail store and service 6 per 1000 square feet GFA except 5 per establishments. I000sfGFA in B1, B2, &GB. Offices l q per space 300 square feet of GFA. P P Space Number Proposed Use Square Footage/Seats Req'd Parkin 1. 1,832(15` FI) restaurant Greater of 1 space per 2 seats or 15 seats per 1,000) 42 seats(21 spaces)or 15 x 1.832 (27.48 sp.) 27.48 2. 1,955 retail 1,955(5 per 1,000) 9.775 3. 2,465 retail 2,465(5 per 1,000) 12.325 4. 2,347 retail 2,347(5 per 1,000) 11.735 5. 1,380 retail 1,380(5 per 1,000) 6.9 6. 4,135 retail 4,135(5 per 1,000) 20.675 6. 18,082 retail 18,082(5 per 1,000) 90.41 7. 13,006 retail 13,006(5 per 1,000) 65.03 (additional second Floor Storage Space of 1,900 s.f. above Space No. 7 would not be counted for parking purposes) Second Floor 7,522 office 7,522(1 per 300) 25.073 Kiosk 225 retail 225(5 per 1,000) 1.125 Total Square Footage 54,849 s.f. Total Spaces Required 270.528 (271) Total Spaces Provided 172