HomeMy WebLinkAboutMiscellaneous - 1070 OSGOOD STREET 4/30/2018 OSGOOD STREET
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Town of North Andover of N0N
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Office of the Planning Department °
Community Development and Services Division
27 Charles Street
North Andover,Massachusetts 01845 "USE`
Heidi Griffin Telephone(978)688-9535
Planning Director Fax(978)688-9542
Notice Of Decision N
Any appeal shall be filed `_ o 0
Within (20) days after the �_ '°
Date of filing this Notice N > a
In the Office of the Town 77 r—><
Clerk C:) o m
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Date: June 21, 2001
Date of Hearing: June 5, 226b
Petition of:C�ai Senabunyarithi,.c/o Chao Praya River,.322 South Broadway, Salem NH 03079
Premises Affected: 1070 Osgood Street North Andover, MA 01845
Referring to the above petition for a special permit from the requirements of the North
Andover Zoning Bylaw Section 8.3.
• So as to allow: the construction of a 2,733 square foot restaurant in the Business 2 Zone.
After a public hearing given on the above date, the Planning Board voted to APPROVE,
the Special Permit for Site Plan Review, based upon the following conditions:
Signed: eerSto
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Jons, Chairman
Cc: Applicant AAngles, Vice Chairman
Engineer Richard Nardella, Clerk
Abutters Richard Rowen
DPW Alison Lescarbeau
Building Department
Conservation Department
Health Department
ZBA
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEAL,r13 688-9540 PLAIN`TING 688-9535
i 1070 Osgood Street-Chao Praya Restaurant
Site Plan Review - Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 2733 square foot restaurant located in the Business 2 Zone. This
Special Permit was requested by Chai Senabunyarithi, c/o Chao Praya River, 322 South
Broadway, Salem, NH 03079. This application was filed with the Planning Board on
January 4, 2001. The applicant submitted a complete application which was noticed and
reviewed in accordance with Section 8.3, 10.3, and 10.31 of the Town of North Andover
Zoning Bylaw and MGL C.40A, Sec. 9
The Planning Board makes the following findings as required by the North
Andover Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the
Business 2 Zone and involves the construction of a restaurant which is an appropriate
use.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. Extensive landscaping has been provided along the entire
perimeter of the restaurant, along with a wood guard rail, concrete headwall and a
concrete retaining wall along the ingress/access point.
3. There will be no nuisance or serious hazard to vehicles or pedestrians.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw
requirements and has been reviewed and approved by the Outside Consulting
Engineer, Vanasse, Hangen Brustlin, Inc;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section 8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use. .The facility will be on town water and sewer.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
SPECIAL CONDITIONS:
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1. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plan must be reviewed and approved by the DPW and the Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of filing the decision
with the Town Clerk.
b) A bond in the amount of five thousand ($5,000) dollars must be posted
for the purpose of insuring that a final as-built plan showing the location
of all on-site utilities, structures, curb cuts, parking spaces, topography,
and drainage facilities is submitted. The bond is also in place to insure
that the site is constructed in accordance with the approved plan. The
form of security must be acceptable to the Planning Department.
C) The applicant must supply a copy of the approved Massachusetts Highway
Department permits necessary for construction of the site to the Planning
Department.
2. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b) During construction, the site must be kept clean and swept regularly.
3. Prior to FORM U verification (Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three (3)
copies of th;e signed plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the
Planning Department.
c) The applicant is required to pay sewer mitigation fees at the Department of
Public Works. Proof of payment must be supplied to the Planning
Department.
4. Prior tp verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by thc'Planning Board.
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b) The Planning Staff shall approve all artificial lighting used to illuminate
the site. All lighting shall have underground wiring and shall be so
arranged that all direct rays from such lighting falls entirely within the site
and shall be shielded or recessed so as not to shine upon abutting
properties or streets. The Planning Staff shall review the site. Any
changes to the approved lighting plan as may be reasonably required by
the Planning Staff shall be made at the owner's expense. All site lighting
shall provide security for the site and structures however it must not create
any glare or project any light onto adjacent residential properties.
c) The applicant shall adhere to the following requirements of the North
Andover Fire Department and the North Andover Building Department:
1) All structures must contain a commercial fire sprinkler system. The
commercial fire sprinkler systems must be installed in accordance with
referenced standard NFPA 13D and in accordance with 780 CMR,
Chapter 9 of the Massachusetts State Building Code. Certification that
the systems have been installed properly in accordance with the above
referenced regulations must be provided from both the North Andover
Fire Department and the North Andover Building Department to the
applicant. The applicant must then provide this certification to the
North Andover Planning Department.
5. Prior to the final release of security:
a) The Planning Staff shall -review the site. Any screening as may be
reasonably required by the Planning Staff will be added at the applicant's
-expense. Specifically after the detention pond is completed, the Town
Planner will review the site and any screening as may be reasonably
required by the Town Planner will be added at the applicant's expense
b) A final as-built plan showing final topography, the location of all on- site
utilities, structures, curb cuts, parking spaces and drainage facilities must
be submitted to and reviewed by the Planning Staff and the Division of
Public Works.
6.. Any stockpiling of materials (dirt, wood, construction material, etc.) must be
shown on a plan and reviewed and approved by the Planning Stam Any approved
piles must remain covered at all times to minimize any dust problems that may
occur with adjacent properties. Any stock-piles to remain for longer than one
week must be fenced off and covered.
7. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
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8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall
be replaced by the owner.
10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
11. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
12. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
13. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
14. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
15. Any action by a Town Board, Commission, or Department, which requires
changes in the plan or design of the building, as presented to the Planning Board,
may be subject to modification by the Planning Board.
16. Any revisions shall be submitted to the Town Planner for review. If these
revisions are deemed substantial, the applicant must submit revised plans to the
Planning Board for approval.
17. This Special Permit approval shall be deemed to have lapsed after b I a3
(two years from the date permit granted) unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority
vote of the Planning Board.
18. The following information shall be deemed part of the decision:
Plan Titled:. Site &Utility Flan of Chao Restaurant
Prepared for: Chai Senabunyarithi
Prepared By: Thomas E. Neve Associates
447.Old Boston Road—U.S. Route 1
Topsfield, Massachusetts 01983
Scale: 195=201
Date: 7/15/00, revised 9/8/00, 9/15/00, 11/17/00, 01/03/01
1/17/01, 2/14/01, 3/12/01, 6/12/01
Sheets: 1-4
4
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Plan Titled: Chao River Restaurant
Prepared for: Chai Senabunyarithi, 1070 Osgood Street
North Andover, Massachusetts
Dated: 1/24/00
Scale: %4"=1'-0"'
Prepared By: Joel David Silerwatch, Architect AIA
163 Main Street
Salem, NH 03079
Sheets: A-2 &A-3
Report Titled: Hydrologic Analysis
Of Chao Praya Restaurant
Prepared By: Thomas E. Neve Associates, Inc.
447 Old Boston Road
Topsfield, MA 01983
' Date: June 2000, revised September 2000, revised April 2001
cc: Applicant
Engineer
File
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MUM Hp
TOWN OF N O It T II ANDOVER �QAMEl LCIi° ��
n MASSACIIUSETTS TUWII `► r'�K
NORTH ANUUVER
' '
Any appeal shall be filed ° •1. FEB''•"
O w
Within (20)days after the p
date of filing of this Notice
In the Office of the Town
Clerk.
NOTICE OF DECISION
Date. .February X26: .1988 . . .. . . . . . .
])rite of Ilearing February. 25.. 1988.
Petition of
Premises affected . .jQ7.Q Osgood Street, -.Industrial�2 Zoning District* . . . . . . .
. . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . .Ngrth.Andover. Zoning. Bylaw.�.Section,8.3 . Site Plan. Review .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ..
so as to permit . . . construct an office building.with associated parking
. . . . . . . . . . . . . . . :. . . . . . . . . . . . . . .. . . . . . . . . . . . . . .
. building. to.be.11:200 .square feet: twostorystructure
.. . . . . . .. .
. . . . . . . . . . .. _ . . . . . . . . . , . . . . . .. 0 .. . . . . . .
After a public hearing given on the above date, the Planning Board voted
Conditionally
M
to . Approv . .. . .the . . . . . . . . . . Review . . . . . . . . . . . . . .
. . . .e. . . . . . . . . . . . . . . . . . . . . . .. . . . .
based upon the following conditions:
cc: Director of Public Works Signed
Board of Public Works
r _ Highway Surveyor Pain. A,.lied$trw. Qh'1izman. . . . . .
` Tree Warden
Conservation Commission .Georgp. Fr-rpq+.Yjq@:Gh4trrgq . . . . .
Building Inspector
Board of Health John, SjnppS,.Clerk. . . . . . . . . . .. . .
Assessor
Police Chief Erich. Nitzsche• .. . . , . . . . . . � � � . . �
Fire CHief
Applicant, Engineer . . . . . .
File Interested Parties " ' ` .1'lannir�g Board
T R Cf ,oar#,
OFFICES OF: M1`li Town of. 120 Main Street
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APPEALS Andover,
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. .:-: NORIR(ry OVER
WSSiR-11USetlS 0184 5
CONSERVATION p II\ (617)685-4775
HEALTH A AOM
PLANNING ' PLANNING & G WUUIVITYtNEVELOPMENT
Vmnaa , II_ 6 P .
KAR Ai . Nk'ON, [)IREcrOR
February 26, 1988
Mr . Daniel Long , Town Clerk:
Town Hall
120 Main Street
North Andover , MA 01845 Re: 1070 Sogood Street
Site Plan Review
through Special
Permit Process
Dear Mr . Long :
The North Andover Planning Board held a Public Hearing on Monday
evening , July 20, 1987 at 8:00 p .m. in the Town Hall Meeting Room upon
the appliation of Channel Building COmpany, Incorporated of Andover ,
MA. The hearing was advertised in the North Andover Citizen on July 2
and July 9. The following members were present at the July 20, 1987
meeting : Erich Nitzsche, Chairman; Paul Hedstrom, George Perna, John J .
Burke and John Simons.
The petitioner seeks a Special Permit under Section 8, paragraph
3; Site Plant Review of the North Andover Zoning Bylaw. The purpose of
the Site Plan Special Permit is' to review the proposal to construct a
new office building with associated parking. The site is located on the
North side of Osgood Street between the City of Lawrence Airport
property and the Borden Chemical Company property, across for the Great
Pond Road intersection at Osgood Street . Said lot possesses 91 ,089.6
3 square feet of land area with 245 ' of frontage in an Industrial-2 Zoning
District. At the continued hearing on October 5, 1987, the Board was
informed that Channel Building had obtained an Order of Conditions from
the North Andover Conservation Commission. A motion was made by John
Burke to close the public hearing and take the matter under advisement .
Seconded by George Perna, the vote was unanimous.
After several meeting that were held , October 22, 1987, November
23, 1987, December 3, 1987 December 17, 1987, and January 21 , 1988, the
Board met on February 25, 1988 to render the decision. The following
members were present and voting , Paul Hedstrom, Chairman; George Perna,
VIce-Chairman; John Simons, Clerk ; and Erich Nitzsche. John Burke was
absent . A motion was made by John Simons to approve the draft decision,
changing the wording in condition #6 and adding an additional condition,
#8, seconded by Erich Nitzsche and voted unanimously.
Sincerely,
Y
PLANNING BOARD
Paul A. Hedstrom.
Chairman
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' ,
. 1.070 Osgood Street - Site Plan Review
Conditional Approval
1 . . The Massachusetts Aeronautics Commission (MAC) , Letter dated
August 24, 1987, states the project needs two red hazard beacons
and they shall be placed upon the building . No structure shall
be higher than 172 ' MSL.
2. Agreement/approval from the Commonwealth for traffic light work
at the intersection of Osgood Street and Great Pond Road .
3. An automatic fire detections and suppressions system
(sprinklers) must be installed . These systems shall be
connected to the municipal fire alarm system through a master
fire alarm box . The developer must contact the Fire Chief for
the requirements for these systems prior to installation.
4 . No underground fuel storage will be permitted for this project .
5. No open burning is permitted , except during open burning season
and only in compliance with the Fire Department regulations.
6. No building pei-mit shall be issued for this site, prior to the
start of construction of the sewer facilities which will serve
this project .
7. The applicant shall submit to the Planning Board prior to
issuance of a building permit , hydrologic and geologic
investigations which shall include the following : drilling of
observation wells, to obtain boring data; stratigraphic
profiles; a pumping test , water sampling and geologic mapping ,
in order to determine if the potential exists of contaminating
Lake Cochichewick due to a hydrologic connection of this sites
watertable to the lakes water-table. The Board requests this
information in order to safeguard and maintain the quality of
the Town' s water supply.
6. No Certificate of Occupancy shall be issued for the building ,
prior to the Planning Board receiving a certification from the
designer of the project that the project was constructed
according to the plat-is cited and approved by this decision.
The following plans shall be deemed approved by this decision:
Plans Entitled: Lakeview Office Building L1-1 , L2-1 , L2-2, L4-lA,
L4-1B.
Prepared By: James Bourgeois, AIA, Channel Building
Dated : . January 22, 1987, Revised June 6, 1987 and plans entitled
Lakeview Office Building prepared by Mitchell Goldman Associates dated
June 18, 1987.
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PUBLIC HEARING NOTICE
NORTH ANDOVER PLANNING BOARD
In accordance with the provisions of M.G.L. Chapter 40-A, Section 11, the North
Andover Planning Board will hold a public hearing as follows:
Purpose of Public Hearing: Application for Site Plan Review Special Permit under
Section 8.3 of the North Andover Zoning Bylaw to
permit the construction of a 3052 sq. ft. eating and
drinking establishment in a Business 2 zoning district
Applicant/Petitioner: Chai Senabun arithi
Address of Premises Affected,, 1070 Osgood Street
Assessors Map and Lot: Map 35 Lot 47
Public Hearing [Date & Time Tuesday, February 6, 20017:30 p.m.
Location of Public Hearing North Andover Public Works Garage at 384 Osgood
Street, near the High School entrance
Information Available A copy of the plan and application is on file in the
Planning Board office at 27 Charles Street, North
Andover, MA, and may be inspected Monday through
Friday 8:30 a.m. to 4:30 p.m.
Any person interested or wishing to be heard on the proposed plan should
appear at the time and place designated above.
Alison M. Lescarbeau, Chairman
North Andover Planning Board
Publish: Eagle Tribune Friday January 19, 2001 and January 26, 2001
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