Loading...
HomeMy WebLinkAboutMiscellaneous - 267 CHICKERING ROAD 4/30/20180 90 § i; 22 z C'm TOWN OF NORTH ANDOVER MASSACHUSETTS ,40R?#q Any appeal shall be filed within (20) days after the * i date of filing of this Notice In the Off ice ca", the Town C NOTICE OF DECISIION Date.. jlipy�yy. 13, 1992 . ............. Date of Hearing ..�anuary 9, 1992 Petition of - D - o . , . Family Trust (99 Restaurant) ...... ..... ... .......... Premises affected . 267 Chickering Road .. ....................................................... Referring to the above petition for a special permit from the requirements North Andover Zoning Bylaw - Section 8.3 - Site Plan Review of the so as to permit .� construction of a 69650 sq.ft. restaurant and associated .......................................................... facilities .. ........ : ......... .................................................. After a public hearing given on tile above date, the Planning Board Voted CONDITIONALLY to APPROVE ..... ...... .... the .. SITE PLAN REVIEW ...................................................... cc: Director of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Assessors Police Chief Fite Chief Applicant Engineer Interested Parties File based upon the following conditions: Signed G �&. P-e�� RD George D Pern�aChairperson (LE ................................ John Simons, Clerk . . ............................ John Draper . .............................. Richard Nardella ................................ Richard Rowen ....................... KAREN H.P. NELSON Director BUILDING CONSERVATION PLANNING Mr. Daniel Long, Town Clerk Ot -,On Town of NORTH ANDOVER DIVISION OF 120 Main Street, 01845 (508) 682-6483 PLANNING & COMMUNITY DEVELOPMENT 120 Main Street North Andover, MA 01845 Dear Mr. Long: January 13, 1992 Re: Doe Family Trust Ninety Nine Restaurant - Site Plan Review The North And -over Planning Board held a public hearing on Thursday evening, January 911992, upon the application of the Doe Family Trust, 267 Chickering Road, North Andover, MA., requesting Site Plan Approval through the Special Permit Process under Section 8.3 of the North Andover Zoning Bylaw. The following members were present and voting: George Perna, Chairperson, John Simons, Clerk, John Draper, Richard Nardella and Richard Rowen. Joseph Mahoney was absent. The public hearing was duly advertised in the North Andover Citizen on December 18 and. December 24, 1991 and all parties of interest were properly notified. The petitioner is seeking Site Plan Approval for the construction of a 6,650 sq.ft. restaurant and associated facilities. The preraise affected is located at 267 Chickering Road, in a General Business (GB) and Business -2 (B2) Zoning Districts. John Simons read the legal notice to open the public hearing. Christian Huntress stated that the Planning Board has seen the plans before. The applicant went to Town Meeting to rezone a portion of the property to a Business Zone. The applicant has gone before the Zoning Board of Appeals and has received a variance for the minimum width of the travel lane. George Perna stated that during the public hearing for the variance, abutters expressed concerns with lights from the traffic coming into their homes. In the order of conditions from the ZBA, specifies were placed as to what type of screening was to be used. Christian Huntress stated that in the variance a four foot earthen berm was required around the perimeter of the property, causing water problems with adjacent properties. George Perna stated that if a variances would. be needed on any further application on a Site Plan, the petitioner will have to come before the Planning Board first for Site Plan Approval and will be conditioned to go before the ZBA for the variance, eliminating site issue on a variance. Page 2: Doe Family Trust David Lanzoni, representing the Doe Family Trust, was present. Dana Doe was also present. Mr. Lanzoni presented the Board with plans ofconstruction, referring to the back third of the building being constructed first, allowing for the operation of the restaurant during that time. The Building Inspector, Robert Nicetta, stated that he will dictate the public safety in the Building Permit process. John Simons asked that it be incorporated in the decision. Abutters expressed concerns with traffic leaving,the "99 Restaurant" and going into adjacent property. George Perna stated that the abutters could ask the applicant to put up a stockade fence. Mr. Lanzoni was asked by an abutter if he would be willing to pay for a stockade fence. Mr. Lanzoni said that he would consider it and would speak to the abutters after the meeting. Christian Huntress told the abutters that -under Site Plan Review the Board cannot condition off site improvements. The ZBA, in their variance said, "no fence" on the "99 Restaurant property". Christian Huntress gave the Board a draft decision. Lighting on the property will be down cast. A Landscape Plan was presented to the Board. Drainage calculations were supplied and Bill Hmurciak, of D.P.W., has reviewed them and made recommendations. Those recommendations have been incorporated into the plans before the Board. The discussion went back to fencing the property. The abutters want fences around the perimeter of the property. The Board does not havejurisdiction on off site improvements. Mr. Lanzoni expressed his willingness to put fences on a portion of the abutters �roperty, but could. not fence their property totally. A living fence has been required from the ZBA. The expense of doing both, fencing around the abutters property and placing a living fence on the "99" property would be costly. Mr. Lanzoni said he would do a portion, but not all. The type of fence and the contractor will be determined by Mr. Lanzoni. George Perna to see the handicapped parking and ramps. Mr. Perna asked about the facade. Mr. Lanzoni said that the building will be of barn board, as are all other "99 restaurants", with the exception of the one in Boston, which is brick. Signage was discussed. The sign will be 10 feet front the roadway, as required by the State. Christian Huntress stated that the applicant has been before the State and that all issues have been satisfactorily addressed. Page 3: Doe Family Trust George Perna asked the abutters and. the applicant to come to some kind of agreement before the Board took their vote. George Perna re -irritated that the Board could not dictated any off site work, only that which is on site. The ZBA has already stated what is to be on the property. The Board will not change from the ZRA decision, because the applicant would then have to go back to the ZBA. The Planning Board is not going to change the required buffer from the ZBA decision. George Perna stated that he was convinced that the lighting issue had been addressed. A motion was made by John Draper to close the public hearing. The motion was seconded by John Simons and voted unanimously by those present. The applicant and the abutters left the room to discuss the fence matter. The Board later asked Mr. Lanzoni if an agreement had been reached with the abutters. Mr. Lanzoni stated that Dana Doe signed a pre -draft agreement with the abutters attorney. Part of the agreement was that the fence would be continued from the existing fence along the north side of the properly and that the abutter would maintain it. John Draper asked about conditions from the Conservation Conunission. Christian Huntress stated that Conservation has filed a negative determination, as there are no wetlands on the site. A motion was made by John Draper to approve the Site Plan Review for Doe Family Trust, 267 Chickering Road, as drafted and amended, by the construction scheduling. The motion was seconded by Richard Rowen and voted unanimously by those present. Attached are those conditions approved of by the Board. Sincerely, PLANNING BOARD t�e�org�ePerna,- Chairperson attachment cc: Director of Public Works Highway Surveyor Budding Lnspector Conservation Cominission Board of Health Assessors Police Chief Fire Chief Applicant Engineer File DOE FAMILY TRUST NINETY NINE RESTAURANT 267 CHICKERING ROAD SITE PLAN REVIEW APPROVAL, SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW. FINDINGS OF FACT: The Planning Board makes the following findings regarding this Site Plan Review application 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 landscaping plan as shown and revised, meets the requirements of section 8.4 of the Zoning Bylaws. 4. The site drainage system is designed in accordance with the Town Bylaw requirements. 5. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw. 6. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board f inds that this proposal 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. Therefore, in order to fully comply with the approval necessary to construct the facility as specified in the Site Plan Review application before us, the Planning Board hereby grants a approval to the applicant provided the following conditions are met: CONDITIONS OF APPROVAL: 1. An as -built plan and profile proposed drainage systemshall be submitted to the Planning Department and the Division of Public Works prior to the issuance of co. 2. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation. 3. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective utility companies. 4. All catch basins shall be protected and maintained with hay bales to prevent siltation into the drain lines during construction. 5. No open burning shall be done except as is permitted during burning season under the Fire Department regulations. 6. No underground fuel storage shall be installed except as may be allowed by Town Regulations. 7. Prior to the Building Permit the following items shall be the Planning Board: being issued for the structure addressed to the satisfaction of A. This decision shall be recorded at the Northern Essex Registry of Deeds and a recorded copy delivered to the Planning Office. B. All necessary permits shall be obtained through the Massachusetts Department of Public Works, District 5. C. A construction sequence and phasing schedule shall be submitted to Planning Board Staff for approval. This schedule should include appropriate measures for isolating construction activity from the operations and parking of the restaurant facility. 8. Prior to a Certificate of Occupancy being issued for any structures, the following items shall be addressed to the satisfaction of the Planning Board: A. This site shall have received all necessary permits and approvals from the North Andover Board of Health. B. The site shall be reviewed by the Planning Board. Any screening as may be reasonably required shall be added at the owners expense. C. The drainage structures, parking areas, access and fire lanes shall be constructed and clearly delineated. D. The dumpster area shall be secured with a solid wooden picket fence at least 61 in height, or other alternative as approved by the Planning Staff. E. All buildings shall have commercial fire sprinklers installed, per order NAFD. 9. Any Plants, Trees or Shrubs that have been incorporated into the Landscape Plan approved in this decision, that die within one year from time of planting shall be replaced at the owners expense. 10. The provisions of this settlement shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control. 11. All lighting found within the site shall be down cast and shall not project into adjacent properties. Planning Board Staff shall approve lighting details prior to the issuance of a Permit to Build. 12. All signs within the project shall be of wood, with uniform lettering and design. The signs shall in no way be interior illuminated. (Neon or other means) The applicant shall required to otherwise comply with the sign regulations found in Section 6 of the Zoning bylaw. 13. Any mechanical devices (ie: HVAC, vents, etc... ) placed on the roof shall not be visible from any surrounding roadways. cc: Director of Public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation Police Chief Fire Chief Applicant Engineer File Commission