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
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UST OF PAff",ES OF INTERFSE. PAGE- OF
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CERT. BY: 3a�44L�_�
DATE: 0
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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
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SUBJECT PROPERTY
MAP
PAR #I
NAME
ADDRESS
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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
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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'
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Aafti"'
TOWN OF NORTH ANDOVER
MASSACHUSETTS
!f,
BOARD OF APPEALS
NOTICE OP DECISION
JOYCE BRAOSjj4W
N TOWN CLERK
ORTH ANOOVER
JON 19 2 09 ?M 137
Property: 267 Chickering Road
99 Restaurant & Pub Date: June 19, 1997
267 Chickering Road Te'tition: 012-97
North Andover MA 01845 He �n Date: 6/11
The Board of Appeals held a regular meeting on Tuesday
evening, June 10, 1997 upon the petition of Doe Family
Trust requesting review as a party aggrieved under the
Zoning By-law for a erection of a business sign. 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:
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cursor - do not
use the return
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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