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HomeMy WebLinkAboutMiscellaneous - 267 CHICKERING ROAD 4/30/2018 (4)c I TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS 0 19 Notice is hereby given that the Board of Appeals will hold a Public hearing at the Stevens Memorial Library located 345 Main Street, North Andover. MA. on Tuesday the 10th day of June 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of The Doe Family Trust 99 Restaurant, 267 Chickering Road North Andover, MA as a Party Aggrieved and request for a Special Permit from the requirements of Section 6.6 D, Paragraph 2 for the purpose of replacement of a business signs. Said premise is located at 267 Chickering Road which is in the General Business zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of AppealF William J. Sullivan, Chairman LEGAL NOTICE Lawrence Eagle Tribune 5.27.97 & 6.2.97 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a pub- lic hearing at the Stevens Memorial Library located 345 Main Street, North Andover MA. on Tuesday the 1 ot� day of June 1997 at 7:30 o'clock P.M. to all parties interested in the appeal of The Doe Family Trust 99 Restaurant, 267 Chicker. ing Road, North Andover, MA as a Party Aggrieved and request for a Special Permit from the require- ments of Section 6.6 D Paragraph 2 of the pur' Pose of replacement of business signs. Said premise is located at 267 Chickering Road which is in the General Business Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, Chairman E -T — May 27; June 2, L 1997 �-r 0.,v cJ S SACHUS It TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice is hereby given that the Board of Appeals will hold a Public hearing at the Stevens Memorial Library located 345 Main Street. North Andover, MA. on TuesdaV the 10th dav of June 1997 at 7:30 6cloCk P.M. to all parties interested in the appeal of The Doe Family Trust 99 Restaurant, 267 Chickering Road North Andover, MA as a Party Aggrieved and request for a Special Permit from the requirements of Section 6.6 D, Paragraph 2 for the purpose of replacement of a business signs. Said premise is located at 267 Chickering Road which is in the General Business Zoning District. Plans are available for review at the Office of Community Development & Services, Town Hall Annex, 146 Main Street. By the Order of the Board of Appeals William J. Sullivan, chairman Lawrence Eagle Tribune 5.27.97 & 6.2.97 kE-GAL NO -1 -ICE TOWN r OWN OF NORTH S�NDOVER * MA SACHUSETTS BOARD OF APPEALS t h Notice IS hereby given 'at Iii h a B Oard of wi Apple .�l hold a Pub. I I C,,, hearing at the Stevens Memorial Library located 345 Main Street, North Andover MA. on Tuesday the lot� day Of June 1997 at 7:30 O'clock P.M. to all parties interested ip the appeal of The Doe Family Trust 99 Restaurant, 267 Chicker. ing Road. North Andover, MA as a Party Aggrieved and request for a Special Permit from the require- ments Of Section 6.6 D Paragraph 2 of the pur-' pose Of replacement of business signs. Said premise is located at 267 Chickering Road which is in the General Business Zoning District, Plans are available for review at the Office of Community Development & Services, Town Hall Annex. 146 Main Street. By the Order of the Board of Appeals William j. Sullivan, Chairman E -T May 27; June 2, 1997 0 no CHU TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice of Decision RECEIM- JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER JUL 21 10 33 AM '97 W Property: 267 Chickering Rd 99 Restaurant Date: July 21, 1997 267 Chickering Rd Petition: 612-97 North Andover MA 018�5 Hearing: 6/10/97-7/8/97 The Board of Appeals held a regular me-eting 'on Tuesday evening, June 10, 1997 & July 8, 1997 upon the Special Permit application of 99 Restaurant 267 Chickering Rd under Section 6.6, D Paragraph 2 of the Zoning By Law for replacing business signs. The following members were present and voting. William Sullivan, Walter Soule, Robert Ford, Scott Karpinski & Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on May 27, 1997 & June 2, 1997 all abutters were notified by regular mail. Upon a motion by Walter Soule seconded by Scott Karpinski to Grant the Special Permit to permit replacement of the existing business sign of a forty five square foot with externally lite, free standing wood sign. The petitioner requested that the proposal for a wall sign be withdrawn without prejudice. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, Scott Karpinski & Ellen McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9, para. 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non- conforming structure to the neighborhood. Note: The granting of the Variance and Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Comissioner. BOARD OF APPEALS, William Sullivan, chairman 0 TOWN OF NORTH ANDOVER MASSACHUSETTS BOARD OF APPEALS Notice of Decision RECUM. JOYCE BRADSHAW TOWN CLERK NORTH ANDOVER JUL ZI 10 33 AM '97 Property: 267 Chickering Rd 99 Restaurant Date: July 21, 1997 267 Chickering Rd Petition: 012-97 North Andover MA 01845 Hearinq: 6/10/97-7/8/97 The Board of Appeals held a regular meet ng on Tuesday evening, June 10, 1997 & July 8, 1997 upon the Special Permit application of 99 Restaurant 267 Chickering Rd under Section 6.6, D Paragraph 2 of the Zoning By Law for replacing business signs. The following members were present and voting. William Sullivan, Walter Soule, Robert Ford, Scott Karpinski & Ellen McIntyre. The hearing was advertised in the Lawrence Eagle Tribune on May 27, 1997 & June 2, 1997 all abutters were notified by regular mail. Upon a motion by Walter Soule seconded by Scott Karpinski to Grant the Special Permit to permit replacement of the existing business sign of a forty five square foot with externally lite, free standing wood sign. The petitioner requested that the proposal for a wall sign be withdrawn without prejudice. The following members were present and voting: William Sullivan, Walter Soule, Robert Ford, Scott Karpinski & Ellen McIntyre. The Board finds that the applicant has satisfied the provisions of Section 9, para. 9.1 of the Zoning Bylaw and that such change, extension or alteration shall not be substantially more detrimental than the existing non- conforming structure to the neighborhood. Note: The granting of the Variance and Special Permit as requested by the applicant does not necessarily ensure the granting of a Building permit as the applicant must abide by all applicable local, state and federal building codes and regulations, prior to the issuance of a building permit as required by the Building Commissioner. BOARD OF APPE)kLS, William Sullivan, chairman 1 0 e Registry of Deeds Northern District of Essex County Lawrence, M 0184o 08/20/97 99 RESTAURANT KB # 28 Rec:time 12553 Type NOTC 10.(K Inst M99 Postar4e 0. 32 Total 10.32 2.9 Payment Check 10.32 THANK YOU! Thomas J. Burke Register of Deeds , 0 Registry of Deeds Northern District of Essex County Lawwce, MA 01840 08/20/97 99 RESTWRANT KB # 2's Rec:time 1253 Type NOTC lSt 2)1099 Postage Total 29 Payment Check THANK YOUI Thomas J. Barke Register of Deeds 10.00 0. 32 10.32 10-32 2 6 LUTICLANG DEPAIRTMI1.7i F E 0 F. I V F. p JOYCE BRAQ*,SHAW TOWN CLERK NORTH ANDOVER Received by Town Clerk: MAY 20 10 S 4AM '97 TOWN OF NORTH ANDOVER, MASSACHUSETTS BOARD OF APPEALS APPLIC.�-TIQN FOR RELIEF FROM THE ZONING ORDINANCE Applicant 91 Address/ Tel. N.. 1. Application is hereby made: For a variance from the requirements of Section Paragraph and Table of the Zoning Bylaws. For a special Permit under Section���-- Paragraph of the Zoning Bylaws. (�C)) As a Party Aggrieved, for review of a decision made by the Building Inspector or other authority. 2. a) Premises affected are land and bu'ilding(s) numbered -Street. b) Premises affected/are property with frontage on the North South (,/) East ( ) West side of /cd Street. and known as No R Street, Street. c) Premises affected are in Zoning Di t t and the premises affected havp an area of Acref square feet and frontage of q0t* feet. 5 of 8 Rev. 06.03.96 3. Ownership: a) Name and address of owner (if joint ownership, give all names) M0 Date of Purchase Previous owner b) 1. If applicant is not owner, check his/her interest in the premises: Prospective Purchaser Lessee Other Letter of authorization for Variance /Special Permit required. 51 -5J 4. Size of proposed front; feet deep; Height stories; - feet. a) Approximate date of erection: - 1170 b) Occupancy or use of each floor: fieS74-iz-12t?) e c) Type of construction: S. Has there been a previous appeal, under zoning, on these premises? If so, when? 6. De ription f elief sought on this petition ve, X'�ipl'tzem .7. Deed recorded in the RLZgistry of Deeds in Book Page Land Court Certificate No. Book Page The principal points upon which I base my application are as follows: (must be stated in detail) 7 e 6 -e,, 7 7'- i L, fe , L, L,, r 7 1 5 O�� - 13 -lz,.e -:1%Q 4"Z2a—^— "6 6,1412o 4e- ' J 1/37,,�6ve— 7�9 I agree to pay the filing fee, advertising in newspaper, and incidental expenses* Signa irre of Petitioner(s) Rev. 06.03.96 ii DESCRIPTION OF VARIANCE REgUESTED 6 ZONING DISTRICT: 6 Required Setback Existing Setback* Relief or Area or Area Requested Lot Dimension Area Strait Frontage Front Setback Side Setback (a) Rear Setback SPECIAL PERMIT REQUEST: TO ALLOW THE INSTALLATION OF AN INTERNALLY ILLUMINATED GROUND SIGN, ON EXISTING POST, AT 45 SQ FT, AND AN OVERALL HEIGHT OF 161 TO ALLOW THE INSTALLATION OF A 72 SQ FT INTERNALLY ILLUMINATED WALL SIGN ON THE RESTAURANTS FACIA. A SPECIAL PERMIT IS NECESSARY TO AGGRIEVE A DECISION BY THE BUILDING INSPECTOR WHERE HE DENIED THE ABOVE PROPOSAL ON THE BASIS OF A PRIOR SITE PLAN APPROVAL WHICH STATES SIGNS ON SAID PROPERTY MUST BE WOOD AND EXTERNALLY ILLUMINATED. I J�e4'1 )eoAio_A"4 Fob UST OF PAff",ES OF INTERFSE. PAGE- OF 3U&MPROMM �vs lof Ow PAR NAME ADDRESS 3 .2- &-7 kBunm: IY 3- noWe5i%p?� k �sa P�(StjMv 4 113 Cohhle-!�n,-, err,-f,-,A� W Ak'451.r7 #, O.Mmt:_ iL J-5ep4,1e, q& ylvt)t) P o1joyee-4;' it 0 C4 q3 qg. lej �v e. #4e L J- IN . ARIC 1 0 Herlt&-V- 04,fe� CO A ­>d6 )4, A P'Z/ A5 5- A-4 47,z6 ae,*-- 61 '7/. A1,46-AI&I AAje_1,..t- Lit �V4 e2A7"T-'o_- qq. ek 44, P)o:e� huloce-"—'e ce-3 41' :g7# ez Aj eL- fj 4 1 ------- y6F0­- 2- 5 54 v,4 IV— na IN 35 AchtS* 4% )�ve_ A) Ifild'o LIC -Ir - 01'110h'ItZen�- P' 0�.' .37 old I/i/lAqC �_A) N' X&J16 IX 1�(e#M ZIT &J"4ardA r y A, Tra.v 7f A7, q 1�6 17 C - &;t 4or1,00-,,?u fae- All 0719 15Y A.J110 kvh-th4 4- le-4ff 140,"aS qp 1,4 '7 4 JYOa&eAJ 0 A)ATAZ 1T--7KvA?,PAta A_;e 37771 J-7 12./! e(ee J -"J A.) 4mWa)eee- kA ot v Z A.. CERT. BY: 3a�44L�_� DATE: 0 v "(15, HOME OFFICE& OUALITY CONTROL CENTER 160 OLYMPIA AVENUE -WOBURN. MASSACHUSETTS 01801-2020 617 / 933-8999 - FAX 617 / 933-0821 UNinety Mrta EW 99 Restaurant & Pub The Best Deal in ToWnTl January 23, 1997 Building Inspector/Sign Permit.Approvals To Whom It May Concern: As owner of the Ninety -Nine Restaurants, I authorize Jenn Robichaud and Randall Bartlett of Barlo Signs to secure any and. all pemiits/variances necessary for our sign changes in the New England area. lbank you for your cooperation in this matter. Sincerely, DGD/lmd I Dana G. Doe 99 Restaurant -Pubs Plan Review Narrative The following narrative is provided to further explain the reasons for denial, for4the building permit and or request for plan review for the property indicated on the reverse side: Referral recommended: Fire Health Police Zonin I Board Conservation Department of Public Works Historic Commission Planninq Other Other - - -------- lit uli��,R,�,it�li, Condition 12 of.the Pla nning Board Site Plan Review dated January Site Plan Re-Iripw I 13, 1992 states that'� "L'I*'signs within the -,,-pcoject shaIL be of wood with uniform lettering and design. The signs shall in no way be interior illuminated,_(neon orother means). The Applicant shall be required to otberwise comply with the Sign Rezula ions found in ion 6 of -the" ZaninR BLV -T nw. A copy of the Site'Plan Review,Decision with condition 12---- nighlighted is enclosed for your review. Section 1Q.4 Zoning By -Law u may aggrieve this Decision within thirty (30) days to the NorthAridover Zoninj Board.of Appeals if you so desir�. Referral recommended: Fire Health Police Zonin I Board Conservation Department of Public Works Historic Commission Planninq Other Other IAORTH o Town Of North Andover 0 Plan Review Building Department IS* "AT IV C Barlo Signs ontr. 508-688-9545 SACH .146 Main §,t.,Town Hall Annex 158 -Greeley St. '99' Restaurant & Pub Hudson, N. H. 267 Chickering Road. LICA 16ATE: May` APP NT:North-Andover, MA :? 1 �17j! 1 Zoning District: ' a -R Use Code: Title of Plans and Documents: Sign AWlication(s) & Sketches Request: Sign Pe it(s) for Ground and Building Signs Please be advised that after review of your building permit amd or zoning review has been DENIED for the following reasons: Zonh a Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area Insufficient Parking Violation Contiguous Building Area Insufficient Open Space Insufficient Lot Frontage Sign requires permits prior to Building Permit Form U not complete other departments I rNiot in conformance with Growth By -Law Use req�ires permits prior to Building Permit Other 0 IX I OtherNgn--illujmted wood sigM only P01ft'linflU f—r fha ahewn ic rhar-katil hninw- Dimensional Sign Variance Special Permit for Watershed Review Special Permit for Site Plan Review Special Permit for sign Complete Form U sign -offs Copy of ecorded Variance Information indicating Non -conforming status Copy of Recorded Special Permit Variance for Sign X Other See geAg�me Sidp_ Plan RevieW The plans and documentation submitted have the following inadequacies: Information Is not provided, 2. Requires additional information, 3. Information requires more clarification, -4. j[jJUjjJ1LR1kA1 1b 11IUU11tAL. V� U1. Foundation Plan Plumbing P lans Subsurface investigation Certified Plot Plan with proposed structu re Construction Plans I 127 A idavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale utili *es Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or AAB requirements Other :d Administration The documentation submitted has the following inadequacies: 1. Information Is not provided, 2. Requires additional infon-nation, 3. Information requires more clarification, 4. Information is incorrect. D. tw ul um uuu=. # Water Fee State Builders License SewerFee Building Permit Fee Workman's Compensation Homeowners Fmprovement Registration Building Permit Application Homeowners Exemption Form Other I I I other The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice, by the Building Department, shall be based on verbal explanations by the applicant nor shall such verbal I rs to the above reasons for DENIAL Any inaccuracies, I explanations by the applicant serve to provide definitive answe ds for this misleading information, or other subsequent changes to the information submitted by the applicant shall be groun review to be voided at the discretion of the Building Department. The allached document titled "Plan Review Narrativie 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 ap r plan review to receive approval. plication form and or request fo 1997 Aaril-JIJ397 Mq V 1 Building Dle!p�ayrt�ent 0�fffificial �jgnature��. Information Received Deni6d May 2, 1997 If Faxed Denial Sent If you require assistance please call the above number and we will be able to guide toward meeting the necessary requirements. Please understand that many of the reason for denial are related to the code requirements that must be met to ensure public safety. Requirements for detailed plans are necessary to ensure that there is enough information through plans and specifications to show that code requirements will be met. HOME OFFICE& QUALITY CONTROL CENTER - 16D OLYMPIA AVENUE -WOBURN, MASSACHUSETTS 01801-2020 617 / 933-8999 - FAX 617 / 933-0821 Ninety �Nine Restaurant & Pub The Best Deal in Town"' January 23, 1997 Building Inspector/Sign Permit Approvals To Whom It May Concern: As owner of the Ninety -Nine Restaurants, I authorize Jenn Robichaud and Randall Bartlett of Barlo Signs to secure any and all permits /variances, necessary for our sign changes in the New England area. Thank you for your cooperation in this matter. Sincerely, /�!, 5 -e - Dana G. Doe 99 Restaurant -Pubs DGD/lmd LU Lu LL -j ca z w Q) z LU W ul < z < w W :!z Co Z Lo z Ch w C-4 W I--- ib i 4 ----zo LLI z Ed LU < LL Lli w >— LU C', cl :;t z Q LO to U > (1) Z LU N C.) 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LU tL co Lu -11 mml R L W ?= F- z L" cz �.: z LLI cr —i C) m C-) L) _j LL) a. cn < cr LLI i= CD w —i Z C) cc < L) a. ca L<L. x LLJ F- LLJ L) < m z LU LLI CD uj z ",I w -Uj z L.3 ui < L) z 0 Z2 LU —i LU cxc CV) Ln CD U- —i M >- Z > cn < cc o C3 = L) �i w CD 2 L) < m -FP cn 2 2 z CC cr z X cm C-1 cn CD z E C) m C3 C3 w Cl cc z E, L) z Cl 01 z z he C) C-3 CD L) z mj: s � L FC Ld . 1, 7-70 4� UST OF PARTIES OF INTEREST: PAGE OF SUBJECT PROPERTY MAP PAR #I NAME ADDRESS .2-&-7 e-4,,c-LeLitv Al"q-0 A) 1117116-1� ABUTTERS: egel)1'155 d.11A-I M 5yqle4? 5,x 113- Cobb1k5i%p;,e- P La XW-ImAelle IqeZZ,4 113 6qh�lesiz,-, Crl-',-.A� i-j-Seph, " a ek;alk�-Illf- A/ 12- *- Va�IeAe Al /5- 6PIP4 "am� IVI, /01- 23-- ttt*717�,AJ F If Ankaeo— /0? rA 413 qg- jet" 4 h o -j- 6 j, v .� sto, cir- /V e- 44i4 Ifqe L J-19RCiPi, t e�,eg A),46-Nel, P&Aie-1\1- qq- V-4 /c 54 to 77Za !i &&x -c? -r 37 old tle-11AV- �-A) 1u,X4,f6Ve Af To—T r� —�u F q 6, (31cp) 4 4- /,e4 as Oaj-�tdAJ 04 -4 ko4f A, W sA CERT. BY: DATE: 115 !F"" om RHIN HM TOWN OF NORT11 ANDOVER', M A S S A C H U S E T T S J�� Anyappeal shall be filed within (20) days after the date of filing of this Notice In the Office of the Town C i 0 NOTICE OF DECISION Doe Family Trust (99 Restaurant) Petition of 267 Chickering Road Premises affected (C(OPI Date.. j!ijiy�yy. 13, 1992 - .... o ........ anuary 9, 1992 Date of Hearing . .� .............. 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 A�� construction of a 6,650 sq.ft. restaurant and associated ..... .................................................... .!�F!�ies. ...................................................................... After a public hearing given on the above date, the Planning Board voted CONDITIONALLY the ... SITE PLAN REVIEW .............. .......... .............. mAR 2 7 19992 based upon the following conditions: cc: ------D1Yiidt6i-of Public Works Highway Surveyor Conservation Commission Building Inspector Board of Health Signed Assessors Police Chief George D� Perna�,Chairperson .... ...................... Fite Chief Applicant John Simons, Clerk ........................ Engineer Interested Parties John Draper File ..... .......................... Richard Nardella. -.9 ............................. Richard Rowen ............... ! .................. YLA�REN H.P. NELSON Town of Dirwtor BUILDING NORTH ANDOVER CONSERVATION 114C.0 DIVISION OF PLANNING PLANNING & COMMUNITY DEVELOPMENT Mr. Daniel Long, Town Clerk 120 Main Street North Andover, MA 01845 Dear Mr. Long: January 13, 1992 120 Main Street, 01845 (508) 682-6483 Re: Doe Family Trust N in ety Nin e Restaurant - Site Plan Review The North Andover Planning Board held a public hearing on Thursday evening, January 9, 1992, 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 Sifflons, Clerk, John Draper, Richard Nardella and Richard Rowen, Joseph Mahoney wasabsent. 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. 0 restauraDt and associated facilities, The premiseaffected 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 bearing. Christian Huntress stated that the Planning Board has seen the plans before. The applicant went tOTOWDMeeting to rezone a portion ofthe 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 cond 1 tioned to go befo re the ZBA for the va riance, eliminatin P, 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 pkins of construction, referring to the back third of the building being constnwt(�d first, allowing for ( lie opera tion of the restaurant during that tune. The Building Inspector, Robert Nicetta, stated that he will dictate the public safety in the Building Permit process. John Suinons asked that it be incorporated in the decision. Abutters expressed concerns with traffic leaving the "99 Restaurant" and going into adjacent property, George llern,a statcd that Ow abutters could ask the applicant to put up a stockade fence. Mr. 1-anzoni was asked by an abutter lfhe 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 7.BA, 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 calcula t ions were su pplied and Bill-Hmurcia k, of D.P.W., has reviewed them and made recoirunenda t ions, Those reconiniendations 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 Boa rd does not haveju risdiction on off site improvements. Mr. La nzon 1 exprcssed h is Nvil I I ngness io pu I fences on a pon Ion of theabutters �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 fenceOD 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. Lanzonl 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 I luntress stated that the appliclant has beer) before the State aDd 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 ZBA decision, because the applicant would then have to go back to the ZBA. The Planning Board is not going to change the required buffer froin 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 froin the exilstu'lg fence along the north side of the properly and that the abutter would maintain it. John Draper asked about conditions from the Conservation Commission. 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 tho.se conditions approved of' by the Board, r L IMAR 2 7 1992 1: attachment cc: Director of Public Works Highway Surveyor Building Inspector Conservation Commission Sincerely, PLANNING BOARD t�'eo�rgelleron&a,- Chairperson Board of Health Assessors Police Chief Fire Chief Applicant Engineer File DOE FAMILY TRUST NINETY NINE RESTAURANT 267 CHICKERING ROAD SITE PLAN REVIEW APPROVALF 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 finds 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 system shall 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 being issued for the structure the following items shall be addressed to the satisfaction of the Planning Board: 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 Building Inspector for approval. 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. 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 "I 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 Commission Police Chief Fire Chief Applicant Engineer File 0 Town Of North Andover 16- Plan Building Department Review 508-688-9545 ACH Contr.:';--Ba�r16 Signs 146 Main wn Hall Annex i58- Greeley St. §I'VIC"Restaurant & Pub Hudson, N. H. :267 Chickering Road DATE: May 1, APPLICANT:North Andover, MA 97 Zoning District r, -R Use Code: Title of Plans and Documents: Si2n ADDlication(s) & Sketches Request: Sign Permit(s) for. Ground and Building Signs Please be advised that after review of your building permit and or zoning review has been DENIED for the following reasons: I Zoning Use not allowed in District Not in conformance with Phased Development Violation of Height Limitations Sign exceeds requirements Violation of Setback Front Side Rear Insufficient Lot Area : , I Insufficient Parking Violation Contiguous Building Area Insufficient Open Space Insufficient Lot Frontage Sign requires permits prior to Building Perm Form U not comolete by other departments Not in conformance with Growth By -L w Use requires permits prior to Building Permit Other OtherNa-�-ijhjTdmted wood sjZjs onjV � Remedyforthe above Is checked below. Dimensional Sign Variance Special Permit for Watershed RevieW Special Permit for Site Plan Review Special Permit for sign Complete Form U sign -offs Cop of Recorded Variance Information indicating Non -conforming status Copy of Recorded Special Permit Variance for Sign Y. Other See pEyerso- Side Plan RevieW The plans and documentation submitted have the following inadequacies 1. Information Is not provided, 2, Requires additional information, 3. Information requires more clarification, '4. Information is incorrect. 5. All of the above. 1# 1 # Foundation Plan Plumbing Plans Subsurface investigation Certified Plot Plan with proposed structure Construction Plans 127 Affidavit Mechanical Plans and or details Plans Stamped by proper discipline Electrical Plans and or details Framing Plan Fire Sprinkler and Alarm Plan Roofing Footing Plan Plans to scale Utilities Site Plan Water Supply Sewage Disposal Waste Disposal Other ADA and or AAB requirements Other Administration The documentation submitted has the following inadequacies: I., 1. Information Is not provided, 2. Requires additional information, 3. Information requires more clarification, 4. Information is incorrect. 5. All of the above. The sbove review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice, by the Building Department, 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 or request for plan review to receive approval. — I FA--) 3Z- -A-pril 17, 19 7 -Ba�L Building Department Official Signature Information Received Denied May 2, 1997 If Faxed Denial Sent If you require assistance please call the above number and we will be able to guide toward meeting the necessary requirements. Please understand that many of the reason for denial are related to the code requirements that must be met to ensure public safety. Requirements for detailed plans are necessary to ensure that there is enough information through plans and specifications to show that code requirements will be met. N Water Fee State Builders License Sewer Fee Workman's Compensation Buildinq Permit Fee Homeowners Improvement Registration Building Permit Application Homeowners Exemption Form Other Other The sbove review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice, by the Building Department, 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 or request for plan review to receive approval. — I FA--) 3Z- -A-pril 17, 19 7 -Ba�L Building Department Official Signature Information Received Denied May 2, 1997 If Faxed Denial Sent If you require assistance please call the above number and we will be able to guide toward meeting the necessary requirements. Please understand that many of the reason for denial are related to the code requirements that must be met to ensure public safety. Requirements for detailed plans are necessary to ensure that there is enough information through plans and specifications to show that code requirements will be met. N Plan Review Narrative The following narrative is provided to further explain the reasons for denial forithe building permit and or request for plan review for the property indicated on the reverse side: 1 Roforral rprommpnded : Fire W. 5 fa AM-- LWO , '0 IN &WO ME - Y"O"I 1�1 "I X" Nil Conservation Site Plan Condition 12 of the Planning Board Site Plan Review data!dJanuajr Planninq 13, 1992 states that "all signs within the -,,-.project shaE be of wood with Lmiform lettering and design. The signs shall in no way be interior illuminated, (neon or other means). The Applicant shall be required to oLtp=rwise comply with the Sign Regulations found in Spction 6 of the ZoninZ BV-Tnw- A copy of the Site Plan Review,Decision with condition 12 highlighted is enclosed for your review. Section 10.4 P I Zonin. YO w, u may aggrieve this Decision within thirty (30) days to the North Afidover Zoning Board..of Appeals if you so desire. Roforral rprommpnded : Fire Health Police Zoning Board Conservation _j_ Department of Public Works Historic Commission Planninq Other (-Ilk— _2 BE CS CORPORATE OFFICE 158 Greeley St. Hudson, NH 03051-3422 (603) 882-2638 FAX (603) 882-7680 bariosignsaaol.com BRANCH LOCATION 92 Industrial Park Rd. Saco, ME 04072-1867 (207) 282-2400 FAX (207) 284-9181 MEMBER I I I A R- 1� UNITED SIGN COUN(IL Member of MOTMO A==L-_= kft=:4=5i I #7- �finfing ' r ' HE' L". p.gA.—ti- BARLO SIGNS BARLO SCREENGRAPIr'lics July 11, 1997 Board of Appeals Town of North Andover 146 Main Street North Andover, MA 0 1845 Dear Members; JUL 16 Lu-; BOARD OF APPEALS At this time I ask that you remove my request for a variance from the North Andover sign by-laws concerning my proposal for a wall sign at the Ninety -Nine Restaurant at 267 Chickering Road. Thank you. Sincerely, RANDALL C. BARTLETT Vice President RCB/jarn Electrical Sign Advertising D Screen Process Printing CORPORATE OFFICE 158 Greeley St. Hudson, NH 03051-3422 (603) 882-2638 FAX (603) 882-7680 barlosigns@aol.com BRANCH LOCATION 92 Industrial Park Rd. Saco, ME 04072-1867 (207) 282-2400 FAX (207) 284-9181 MEMBER' r UNITED SIATES SIGN COUNCIL Member of WIA ANKIMUM WN&TOWN mg.q A��iui.n BARLO SIGNS BARLO SCREENGRAPHICS July 11, 1997 Board of Appeals Town of North Andover 146 Main Street North Andover, MA 01845 Dear Members; JUL 1 6097 BOARD OF APPEALS At this time I ask that you remove my request for a variance from the North Andover sign by-laws concerning my proposal f6r a wall sign at the Ninety -Nine Restaurant at 267 Chickering Road. Thank you. Sincerely, RANDALL C. BARTLETT Vice President RCB/jarn 'F Electrical Sign Advertising 9 Screen Process Printing' E-1 w z w 0 -1 w < w DL. 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Members voting: William Sullivan, Walter Soule, Robert Ford, John Pallone, Scott Karpinski. I Upon a motion by Walter Soule seconded by Robert Ford the vote was unanimous to -Deny the petition as the Party 11" Aggrieved by supporting and upholding the decision of the Building Commissioner for the construction of a business sign for the 99 Restaurant. The proposal was for an aluminum and plexi glass internally illuminated ground for 45 sq. ft. and overall height of 161 and for an -overall internally illuminated wall sign on the restaurants facia exceeded considerably the requirements in the Zoning By-law. Voting Members were: William Sullivan, Walter Soule, Robert Fo.rd, John Pallone and Scott Karpinski. The hearing was advertised in the North Andover Citizen orr 5.27.97 & 6.2.97 all abutters were notified by regular mail. BOARD OF APPEALS, r William Sullivan, chairman Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. �'Q Commonwealth of Massachusetts City/Town of NORTH ANDOVER, MASS &WAA System Pumping Record McLir-MMIL Form 4 MAY - 5 2010 DEP has provided this form for use by local Boards of Health f&0WW1PH%6 be submitted to the local Board of Health or other approving JutkwilUTH DEPARTmE A. Facility Information 1. System Location- Addr Ilk W a & IDGA City/Tow?r State 2 System Owner: Name 1(ap (2)), � Add!e�s�if di erenQjfrm 19-c�tion) VUC Go C- r\ , City/Town B. Pumping Record 1. Date of Pumping 3. Type of system: El 0 Other (describe): rd must 61". Zip Code M/4 -- vlec? I - State Zip Code % qq Telephone Number 2)j,q-j() Date 2. Quantity Pumped G,c,m5e.. Cesspool(s) Y -Rrt� Tank 4. Effluent Tee Filter present? El Yes S No 5. Condition of System: 6. System Pumped By: 35,00 Gallons El Tight Tank If yes, was it cleaned? El Yes 5� No VS, Na Vehicle License Number Company Eafth 7. Location where contents were disposed: 1,9SO Sefte Inc. on.- a 8r0—adw.,, 11"yrin-a-M. MA - -'r --- 02767 Signature of Hauler Date http://www.mass.gov/dep/water/approvals/t5forms.htm#inspect 15form4.doc- 06103 System Pumping Record - Page 1 of 1 Commonwealth of Massachusetts City/Town of NORTH ANDOVER, MASSACHUSETTS System Pumping Record A Form 4 RECEIVED DEP has provided this form for use by local Boards of Health. T ie System Pumping Rec rd must be submitted to the local Board of Health or other approving aut iorit�.,AR - 4 Z010 A. Facility Information OWN OF NORTH ANDOVER Important: HEALTH DEPARI When filling out 1. System Location. - forms on the computer, use Ral, only the tab key Addr to move your A Ilk cursor - do not A use the return City/Tow?F State Zip Code key. 2. System Owner: wd-q - Name 1-11 Address (if different from location) CityfTown B. Pumping Record State Zip Code — q 21-1 - Telephone Number 1. Date of Pumping Date 2. Quantity Pumped: Gallons Gree6 e- 3. Type of system: Cesspool(s) &epti Tank Tight Tank M Other (describe): 4. Effluent Tee Filter present? E] Yes X No If yes, was it cl6aned? [] YesK No 5. Condition of System: GOO ,6. System Pumped By: bor\ 0 Na '�^A Vehicle License Number Company Earth source Inc. 7. Location where contents were 01 - §jkb Broadway R am, MA 02767 Signature of Hauler Date http://www.mass.gov/dep/water/approvals/t5forms.htm#inspect t5form4.doc- 06/03 System Pumping Record - Page 1 of 1