HomeMy WebLinkAboutMiscellaneous - 478 CHICKERING ROAD 4/30/2018 (2) ,- 478 CHICKERING ROAD
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Town of North Andover tNORTM
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ED
OFFICE
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES °
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27 Charles Street
North Andover, Massachusetts 01845 ��ssaeENu��t�y
WILLIAM J. SCOTT
Director
(978)688-9531
Fax(978)688-9542
NOTICE OF DECISION
Any appeal shall be filed X a
Within(20)days after the C--- �o c-<-3;0
rn
Date of fling this Notice r =z C
of the Town �'c-�50
In the Office N
Clerk
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Date: July 12,2000 N ��
Date of Nearing: July 11,2000 un
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Petition of: Salvatore Lupoli
28 North Broadway,Salem,NH 03079
Premises affected: 478 Chickering Road
'tion for a site plan special permit from the requirements of
Referring to the above petition p pec Ae q
Section 11 of the Zoning Bylaw
So as to allow: the construction of a 1763 square foot retail building resulting in
nine new parking spaces at 478 Chickering Road.
After a public hearing given on the above date,the Planning Board voted to APPROVE the
site plan special permit, based upon the following conditions:
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Signed
Alison Lescarbeau,Chairman
CC: Applicant
Engineer
Sohn Simons,Vice Chairman
Alberto Angles,Clerk
Richard Nardella
Richard Rowen
William Cunningham
.I
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BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
:J
478 Chickering Road
Site Plan Review- Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the
construction of a 1,763 square foot retail building located in the G-B Zoning District.
This Special Permit was requested by Salvatore Lupoli, 28 North Broadway, Salem, NH
03079. This application was filed with the Planning Board on May 5, 2000.
The Planning Board makes the following findings as required by the North Andover
Zoning Bylaws Section 8.3 and 10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as it is located in the General
Business Zone and involves the construction of a retail building.
2. The use as developed will not adversely affect the neighborhood as a sufficient buffer
has been provided. Extensive landscaping has been provided around the frontage of
Chickering Road and a portion of Main Street Landscaping is also proposed along
the rear of the building and near a portion of the parking lot.
3. There will be no nuisance or serious hazard to vehicles or pedestrians. By
eliminating the curb cut on Chickering Road and reducing the opening of the curb cut
on Main Street, the site will improve both traffic and pedestrian flow.
4. The landscaping approved as a part of this plan meets the requirements of Section 8.4
as amended by the Planning Board, of the North Andover Zoning Bylaw;
5. The site drainage system is designed in accordance with the Town Bylaw requirements
and has been reviewed and approved by the Outside Consulting Engineer, Vanasse,
Hangen Brustlin, Inc;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in
Section.8.3 of the Zoning Bylaw;
7. Adequate and appropriate facilities will be provided for the proper operation of the
proposed use.
Finally the Planning Board finds that this project generally complies with the Town of
North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires
conditions in order to be fully in compliance. The Planning Board hereby grants an
approval to the applicant provided the following conditions are met:
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SPECIAL CONDITIONS:
1. Prior to the endorsement of the plans by the Planning Board, the applicant
must comply with the following conditions:
a) The final plan must be reviewed and approved by the DPW and the Town
Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for review within ninety days of filing the decision
with the Town Clerk.
b) A bond in the amount of five thousand ($5,000) dollars must be posted
for the purpose of insuring that a final as-built plan showing the location of
all on-site utilities, structures, curb cuts, parking spaces, topography, and
drainage facilities is submitted. The bond is also in place to insure that the
site is constructed in accordance with the approved plan. The form of
security must be acceptable to the Planning Department.
2. Prior to the start of construction:
a) A construction schedule shall be submitted to the Planning Staff for the
purpose of tracking the construction and informing the public of
anticipated activities on the site.
b) During construction, the site must be kept clean and swept regularly.
c) The applicant must supply a copy of the Massachusetts Highway
Department permits necessary for construction of the site to the Planning
Department.
d) Dust mitigation and roadway cleaning must be performed weekly,or as
deemed necessary by the Town Planner,throughout the construction process.
3. Prior to FORM U verification (Building Permit Issuance):
a) The Planning Board must endorse the final site plan mylars and three (3)
copies.of the signed plans must be delivered to the Planning Department.
b) One certified copy of the recorded decision must be submitted to the
Planning Department.
4. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect and engineer of the
project stating that the building, signs, landscaping, lighting and site layout
substantially comply with the plans referenced at the end of this decision as
endorsed by the Planning Board.
b) The Planning Staff shall approve all artificial lighting used to illuminate the
site. All lighting shall have underground wiring and shall be so arranged
that all direct rays from such lighting falls entirely within the site and shall
be shielded or recessed so as not to shine upon abutting properties or
streets. The Planning Staff shall review the site. Any changes to the
approved lighting plan as may be reasonably required by the Planning Staff
shall be made at the owner's expense. All site lighting shall provide security
for the site and structures however it must not create any glare or project
any light onto adjacent residential properties.
c) The building must have commercial fire sprinklers installed in accordance
with the North Andover Fire Department.
5. Prior to the final release of security:
a) The Planning Staff shall review the site. Any screening as may be
reasonably required by the Planning Staff will be added at the applicant's
expense. Specifically after the detention pond is completed, the Town
Planner will review the site and any screening as may be reasonably
required by the Town Planner will be added at the applicant's expense
b) A final as-built plan showing final topography, the location of all on- site
utilities, structures, curb cuts, parking spaces and drainage facilities must
be submitted to and reviewed by the Planning Staff and the Division of
Public Works.
6. Any stockpiling of materials (dirt, wood, construction material, etc.) must be
shown on a plan and reviewed and approved by the Planning Staff. Any approved
piles must remain covered at all times to minimize any dust problems that may
occur with adjacent properties. Any stock piles to remain for longer than one
week must be fenced off and covered.
7. In an effort to reduce noise levels, the applicant shall keep in optimum working
order, through regular maintenance, any and all equipment that shall emanate
sounds from the structures or site.
8. The hours for construction shall be limited to between 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
9. Any plants, trees or shrubs that have been incorporated into the Landscape Plan
approved in this decision that die within one year from the date of planting shall be
replaced by the owner.
10. The contractor shall contact Dig Safe at least 72 hours prior to commencing any
excavation.
11. Gas, Telephone, Cable and Electric utilities shall be installed underground as
specified by the respective utility companies.
12. No open burning shall be done except as is permitted during burning season under
the Fire Department regulations.
13. No underground fuel storage shall be installed except as may be allowed by Town
Regulations.
14. The provisions of this conditional approval shall apply to and be binding upon the
applicant, its employees and all successors and assigns in interest or control.
15. Any action by a Town Board, Commission, or Department, which requires
changes in the plan or design of the building, as presented to the Planning Board,
may be subject to modification by the Planning Board.
16. Any revisions shall be submitted to the Town Planner for review. If these revisions
are deemed substantial, the applicant must submit revised plans to the Planning
Board for approval.
17. This Special Permit approval shall be deemed to have lapsed after July 12, 2002
(two years from the date permit granted) unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority vote
of the Planning Board.
18. The following information shall be deemed part of the decision:
Plan Titled: Mary's Just Pasta
Prepared for: Silvestri Development Corporation
Prepared By: Joel David Silverwatch, 163 Main Street, Salem, NH 03079
Scale: '/4"=1'0"
Date: 3/29/00
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Plan Titled: Mary's Just Takeout
Prepared for: Salvatore Lupoli, 28 North Broadway, Salem,NH 03079
Prepared By: TF Moran, 21A Street, Burlington, MA 01803
Scale: 1"=10'
Date: April 28, 2000, revised 6/5/00
cc: Applicant
Engineer
File
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KAREN H.P.NELSON
Director Town Of _ 120 Main Street, 01845
NORTH ANDOVER (508) 682-6483
r BUILDING ; e 9
I .� CONSERVATION emu DIVISION DIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
PLANNING BOARD
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Notice of Modification of Special Permit f
At a regularly scheduled meeting of the Planning Board of the '
Town of North Andover, Massachusetts, duly posted, and held on
January 18, 1994, the North Andover Planning Board voted
unanimously to grant a modification of the Special Permit issued N
to Salvatore Lupoli, 476 Chickering Road for the renovation of an
existing building and associated parking. The Notice of Decision
is dated October 11, 1991 and recorded with the Essex North
Registry of Deeds at Book 3374 Page 64 The Special `Permit �d
is hereby modified as follows:
1. A handicapped access ramp must be provided for all
businesses located at 490 Main Street (Barbershop) .
2. One handicapped parking space must be delineated in the
parking lot at 490 Main Street and one at 47-6- Chickering
Road. These handicapped parking spaces must be painted on
the pavement with the handicapped symbol inside and must be
located in the space closest to the entrance. a
3 . The "no exit" sign requirement is eliminated, thereby
allowing access from the parking lot onto Main Street.
, o�
Signed as a sealed instrument this St day of Fe6rar 199�T/
North Andover Planning Board
di
By:
112,f-
Richaid ardella, Chairman
Commonwealth of Massachusetts
ESSEX, SS 4 , 199
Then . personally appeared the above named Richard A.
NArdella, Chairman of the North Andover Planning Board, and
acknowledged the foregoing instrument to be his'''free act and deed
and the free act and deed of the North Andover Planning Board,
before me,
qNoZtar�yPublic"'��E�
My Commission Expires:
Sep*t 9 , ►qqy
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oa
KAREN H.P.NELSON Town Of 120 Main Street, 01845
Director
z+ BUILDING ; 9: NORTH ANDOVER (508) 682-6483
CONSERVATION es,°" sDIVISION OF
HEALTH
PLANNING PLANNING & COMMUNITY DEVELOPMENT
PLANNING BOARD
TOWN OF NORTH ANDOVER
MASSACHUSETTS
Notice of Modification of Special Permit
At a regularly scheduled meeting of the Planning Board of the
Town of North Andover, Massachusetts, duly posted, and held on
January 18, 1994, the North Andover Planning Board voted
unanimously to grant a modification of the Special Permit issued
to Salvatore Lupoli, 476 Chickering Road for the renovation of an
existing building and associated parking. The Notice of Decision
is dated October 11, 1991 and recorded with the Essex North
Registry of Deeds at Book 3374 , Page 64 The Special Permit
is hereby modified as follows:
1. A handicapped access ramp must be provided for all
businesses located at 490 Main Street (Barbershop) .
2. One handicapped parking space must be delineated in the
parking lot at 490 Main Street and one at 476 Chickering
Road. These handicapped parking spaces must be painted on
the pavement with the handicapped symbol inside and must be
located in the space closest to the entrance.
3. The "no exit" sign requirement is eliminated, thereby
allowing access from the parking lot onto Main Street. '/
Signed as a sealed instrument this / St day of Fe6�_199x
North Andover Planning Board
By:
Richard ardella, Chairman
Commonwealth of Massachusetts
ESSEX, SS Feb 4 , 199X
Then personally appeared the above named Richard A.
NArdella, Chairman of the North Andover Planning Board, and
acknowledged the foregoing instrument to be his free act and deed
and the free act and deed of the North Andover Planning Board,
before me,
Notary Public—%"6"L.ESM'
My Commission Expires:
Sept q , Igyy
YEI-
� 0 OADO RE.,. I �t.!
a TOWN OF NORTH ANDOVER QA?1(`=LLJ4G
TOY0 C! iiK
H A S S A C H U S E T T S NORTH ii OVER
f NORTH OC 1 I I 26 PO, 'JI
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Any-appeal ,hall befiled
SSS^CNUSE�
Mfithi s ( ) days after the
Egg�� k
d,-)& b filing of this 'trice;
kntheofh-ce, of tile Town NOTICE OF DECISION
Cleat.
Date. , ,October 11, 1991
Date of Hearing . Qr-zflbpr.�Q, ,1,9,91
Petition of ,Salvatore Lupoli, . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Premises affected , 476 Chickering.Road
. . . . . . . . . . . . . . .
Referring to the above petition for a special permit from the requirements
of the . . .IYQrtb .Arid4ver. 2pn�ng.Bylaw.-. .SeqttpA Br 36.7.yodlZlg4t1.Qn .i o. an. Approved
Site Plan.
so as to permit . F. . . . . . . . . .to an existin�.buildin .and associated,parking; , . . . .
. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
After a public hearing given on the above date, the Planiiing Board voted
Conditionally
to -4U: ove . . . . . . . .the . .Mock ifieatiog, 1=9. sL-Sita .�14A Appro.ve.0 . . . . . . . . . . . . . . . . . . .
based upon the following conditions :
cc: Director of Public Works
Board of Public Works Signed
Highway Surveyor
Building InspectorGeorjge. p: .Pernat;Jr,,
Board of Health .
Assessors John. Simons= .Clerk , , , , , , , , , , , , , ,
Conservation COmmission
Police Chief John. Drayer. . . . . .'. . . . . . . . . . . . .
Fire Chief
Applicant Joseph Mahoney
. . . . . . . . . . . . . . . . . . .
Engineer
Fi1p TnfPractPd Parti PR Richard NArdpiin
476
CHICKERING ROAD/490 MAIN STREET
SITE PLAN REVIEW MODIFICATION
SECTION 8.3 OF THE NORTH ANDOVER ZONING BYLAW.
The Planning Board makes the following findings regarding this
Site Plan Review Application as required by section 8.3 of the
North Andover Zoning Bylaws:
FINDINGS OF FACT:
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 with the adherence to the approved
plans.
3 . The landscaping plan as shown meets the requirements of
section 8. 4 of the Zoning Bylaws, with the addition of the
enclosed conditions.
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
j 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 an
approval to the applicant provided the following conditions are
met:
SPECIAL CONDITIONS:
1. No access will be allowed to Main Street from the s a '
xi tin
g
parking lot. All cars will be' required to exit onto Park
Street. Signs stating- "NO EXIT" shall be placed at the
access to Main Street.
2 . The curbcut which provides access to Route 125, Chickering
Road, shall be abolished prior to the issuance of a
Certificate of Occupancy. This existing curbcut shall be
replaced with granite curbing and the two parking spaces
which back out onto Route 125 shall be relocated.
3 . Due to the fact that the applicant has not been required to
submit a Landscape Plan as required under section 8 .4, the
Town Planner may require minor modifications to the
landscaping at the time of occupancy.
4 . Prior to a Certificate of Occupancy being issued for a
structure, the structure in question shall have received all
necessary permits and approvals from the North Andover Board
of Health.
: 5. Any Plants, Trees or Shrubs that have been incorporated
into the Landscaping approved in this decision, that die
within one year from the date of this approval, shall be
replaced by the owner/applicant.
6. All Planning Board conditions listed herein shall be
recorded with the Registry of Deeds by the applicant prior
to the issuance of a building permit. A copy of the recorded
conditions shall be delivered to the Planning . Board and
included in the file.
7. Nounderground fuel storage shall be installed except as may
be allowed by Town Regulations.
8. The provisions of this conditional approval shall apply to
and be binding upon the applicant, it's employees and all
successors and assigns in interest or control.
9. All lighting found within the site shall be as approved by
the Planning Board and shall not project into adjacent
properties. Prior to a Certificate of Occupancy being issued
for the structure, the site shall be reviewed by the
Planning Board. Any changes to the approved lighting plan as
may be reasonably required by the Planning Board shall be
made at the owners/applicants expense.
10. All signs within the project shall be of wood, stone or
metal, with uniform lettering and design. The signs shall in
no way be interior illuminated. (Neon or other means) The
applicant shall be required to have any final sign proposals
reviewed by the Town Planner and shall apply to the Building
Inspector for a sign permit. (Section 6. ZBL)
11. As per order of the North Andover Fire Department, the
dumpster shall be located at least 25 ' from either
structure, or as otherwise directed by the Fire Department.
The following plans shall be deemed as part of the decision:
Plans Entitled: Site Plan of Land Located in No. Andover,
Massachusetts.
Prepared for: Mr. George Grieci
7 Edythe Lane
J
i
West Peabody, MA 01960
Prepared by: Meridian Engineering Collaborative, Inc.
2 Bourbon Street, Suite 102
Peabody, Massachusetts 01960
Date: July 28, 1990
Scale: 1" = 20 '
; 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
c e r.' r: :. 'roe
own of North Andover -
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES # A'
A
146 Main Street
1 North Andover, Massachusetts 01845 ��R 9 ,;;s" �'
WILLIAM J. SCOTT '4` ss. AC w ��
Director Torn Clixk,
NOTICE OF DECISION '1� C_
o
Any appeal shall be filled �'�"�
within 20 days after the r,sistocertifythat ���'L-�
s mi e.eta�d from data of decision filen
date of filling this Notice ;;,c�t;i;,gofan MORI.
in the Office of the Town Dat � 1f97
.c c3 A.Bradshaw M 7`m
Clerk. downC!erk 70
c.
Date March 4, 1997
`►�� i 12/3/96,
Date of Hearing 12/17/96,1/7/97
1/21/97, 2/18/97
Petition of Sales Just Pizza
Premises affected Intersection of Main Street, Park Street, Chickering Road
in the G-B Zoning District
Referring to the above petition for a special permit from the
requirements of the North Andover Zoning Bylaw Section 8.3
SO as to allow to construct a one story, 2300 SF building to be used as a restaurant at
the intersection of Main Street, Park Street, and Chickering Road
After a public hearing given on the above date, the Planning Board
voted to APPROVE the Special Permit
based upon the following conditions:
Signed
CC: Director of Public Works _Joseph V. Mahoney Chairman
Building Inspector
Natural Resource/Land Use Planner Richard Rowen Vice Chairman
Health Sanitarian
Assessors Alison Lescarbeau Clerk 11
Police Chief
Fire Chief
Richard Nardella Q
Applicant
C
Engineer John Simons
File
Interested Parties Planning Board
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Ei "r ;7
Town of North Andover E NORT#
OFFICE OF
P, COMMUNITY DEVELOPMENT AND SERVICES p
146 Main Street
. .
North Andover,Massachusetts 01845
WILLIAM J.SCOTT SAcwus�t
Director
March 7, 1997
Ms . Joyce Bradshaw
Town Clerk '
120 Main Street
No . Andover, MA 01845
Re : Site Plan Review/476 Chickering Road (Sal' s Pizza)
Dear Ms . Bradshaw,
The North Andover Planning Board held a public hearing on Tuesday
evening, December 3, 1996 at 7 : 30 p.m. in the Senior Center
behind the Town Building, upon the application of Salvatore
Lupoli for Sal' s - Just - Pizza, 29 North Broadway, Salem, NH
03079 requesting a special permit under Section 8 . 3 Site Plan
Review of the North Andover Zoning Bylaw. The legal notice was
properly advertised in the North Andover Citizen on November 13
and November 20, 1996 and all parties of interest were duly
notified. The following members were present : Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison
Lescarbeau, Clerk, Alberto Angles, Associate Member and John
Simons .
The petitioner was requesting a special permit to allow for the
construction of a ( 1 ) one story 2300 sq. ft . building to be used
as a restauraunt at the intersection of Main Street, Park Street
and Chickering Road in the General Business District .
Ms . Lescarbeau read the legal notice to open the public hearing.
Jeffrey Brem the engineer, was present to represent Sal' s Pizza
at the intersection of Chickering Road & Main Street . They would
like to tear down the existing Sal' s Pizza and the barber shop '
near the middle school, to construct a new Sal' s Pizza . The
building' s combined now have a total of 19 parking spaces and
3, 000 sq. ft . They would like to retain one building to maintain
operation. Sal received a variance from the Zoning Board of
Appeals . The newly constructed building would be 2, 300 sq. ft .
and have 28 parking spaces . There will be catch basins on site
currently the storm water simply drains into the street . The
1
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
traffic circulation will be better . They will have a mansard
roof, with dormers . The building will have brick face and
columns in the front . The entrance will be on Park Street . The
sign will be on Rt . 125. The dumpsite will be screened with the
same material as the building.
Ms . Lescarbeau stated that the business would now change from
mostly the take-out business to having customers sitting in and
eating in the building.
Mr. Lupoli stated that currently they have about 15-20 seats and
will go to the maximum of 56 seats and wanted to separate dining
in from take-out . s
�I
Rosemary Burdett an abutter is concerned about the high level of
traffic and about customers that will park on the street in front
of their house to get to Sal' s .
Ms . Colwell suggested that the one way entrance and exit should
be reversed to allow an entrance from Park Street and an exit on
Main Street to allow cars to turn onto Rt . 125 at the lights .
The Board discussed the possibility of connecting the two lots
and eliminating one of the access points on Park Street .
Mr. Simons was concerned about what kind of material the building
consisted off.
Mr. Brem stated that is was made of brick and the roof would have
architect shingles .
The public hearing was continued to the December 17, 1996
meeting.
g
The North Andover Planning Board held a regular meeting on
December 17, 1996 . The following members were present : Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison
Lescarbeau, Clerk, Richard Nardella and John Simons .
Jeff Brem was present representing Sal' s Pizza . Mr. Brem stated
that the issue at the last meeting was to change the exit and
entrances so that the vehicles would enter on Park Street and
they would exit onto Main Street so they would have the lights to
make traffic a little better. Mr. Brem agreed to that . Mr.
Mahoney stated that he drove by the Salem, NH Sal'.s Pizza to see
how the building• was set up.
Mr. Mahoney thought that looked very nice . Mr . Mahoney
questioned why they could not connect the two parking lots .
2
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Mr. Nardella asked where the sign was going to be put and where
the dumpster was going to be put . Mr. Brem stated that the sign
is going to be put in the parking lot on Main Street and the
dumpster is going to be put behind the building were it is now.
Mr. Nardella had concerns about the parking and the number of
seats in the building. Mr . Brem stated that they have 28 parking
spaces and that makes about 56 seats inside for customers .
Ms . Lescarbeau asked what the dimensions of the building were
going to be. Mr. Brem stated that they were 46' x 50'
Mr. Rowen suggested that they extend the sidewalk out to the.
street and that they need to landscape on the Main Street side .
Mr. Nardella asked what kind of use the basement would have . Mr.
Brem stated that it would only be used for storage .
Mr. Simons asked what color and what style of brick was going to
be used on the building. Mr . Brem stated that it was going to be
red, square brick.
On a motion by Mr. Rowen, seconded by Ms . Lescarbeau the Board
voted unanimously to close the Public Hearing.
The North Andover Planning Board held a regular meeting on
January 7, 1997 . The following members were present : Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison
Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard
Nardella, John Simons, Kathleen Bradley Colwell, Town Planner was
also present .
Ms . Colwell stated that the plan must be revised to eliminate
parking spaces currently in the right of way of Park and Main
Streets . The parking lot entrance and exit must be reversed to
allow an entrance on Park Street and an exit on Main Street . A
test pit must also be dug in the location of the drywell to
determine groundwater level .
Mr. Simon stated that he is against the project and that the
building does not have the right orientation. It should relate
to the adjacent building as it is a highly visible corner in ,
town.
On a motion by Mr. Rowen, seconded by Ms . Lescarbeau,. the Board
voted as follows :
Mr. Rowen yes Mr . Nardella no
Mr. Mahoney yes Ms . Lescarbeau yes
3
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P _ s, "s
Mr. Simon no
Mr. Angles did not vote as he is an associate member and the full
Board was present .
Mr. Nardella was concerned about traffic and the two parking
lots . They should be connected.
As a special permit for site plan review requires a vote of four
members the motion to approve the special permit failed.
The North Andover Planning Board held a regular meeting on
January 21, 1997 . The following members were present : Joseph V.
Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles,
Associate Member, Richard Nardella, John Simons and Kathleen
Bradley Colwell, Town Planner was also present .
Mr. Nardella stated that after the denial at the last meeting Ms .
Colwell got Mr. Nardella, Mr. Scott and Sal together to discuss
the outstanding issues . Mr. Nardella stated that they were not
aware that some town officials had reviewed the plans that the
Board denied. Mr. Lupoli brought 2 new plans better than the old
one. On one plan Mr. Lupoli showed combined entrance ways to
have one access way but with less parking spaces . On the second
plan Mr. Lupoli stated that they might have some problems with
the engineering with this plan and was not in favor of this plan.
Mr. Simon asked if there were any changes to the outside of the
building. Mr. Lupoli stated that there were no changes .
On a motion as a dissenting member by Mr. Nardella, seconded by
Mr. Rowen the Board voted unanimously to reconsider the previous
vote.
Ms . Colwell suggested that they put an entrance on the street the
building is facing.
Mr. Nardella thought that the building would be better served
with wooden columns . Mr. Lupoli stated that would be no problem.
Mr. Nardella stated that they would need to landscape the
property.
Ms . Colwell stated that they would need a set of revised plans
and come back before the Board and Ms . Colwell will have a draft
decision available .
Ms . Colwell stated that to reopen a public hearing we need to put
a legal notice in the paper.
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Mr. Bowen stated that he would like to see a revised plan with
the landscape and trees .
The Board continued their discussion to the next meeting when
plans will be available for review.
The North Andover Planning Board held a regular meeting on
February 18, 1997 . The following members were present : Joseph V.
Mahoney, Chairman, Alison Lescarbeau, Clerk, Richard Rowen, Vice
Chairman, Richard Nardella and John Simons .
Sal Lupoli was present representing Sal' s Pizza . At the last
meeting there are some changes that some members of the Board
wanted Mr. Lupoli to make . He changed columns from brick to
wood. He also faced the building on Main Street to accent the
store . There is a sidewalk that comes out onto Main Street with
picnic tables out front . There is going to be a dumpster on the
side of the building enclosed with ,a brick wall . There are going
to be wood signs with lights facing them to accent the building.
Mr. Simons stated that he thought the planned signage was an
overkill .
Mr. Nardella stated that as long as it is in accordance with the
Bylaw he has no problem.
Mr. Simons suggested that the 3 1parts on the sign should be
combined and it will pull it in together. Mr. Simons also stated
that he would like to see a picture of the light fixtures .
Mr. Nardella expressed the thought that construction during the
school' s summer vacation would be helpful, and it would not,
affect the nearby Middle School .
Mr. Lupoli stated that he was planning on putting up •a fence
around the property during construction to keep children from
getting injured.
On a motion by Mr. Nardella, seconded by Ms . Lescarbeau the Board
voted unanimously to close the Public Hearing.
The Board instructed Ms . Colwell to have a draft decision for the
next meeting. t
The North Andover Planning Board held a regular meeting on March
4, 1997 . The following members were present : Joseph V. Mahoney,
Chairman, Richard Rowen, Vice Chairman and Alberto Angles,
Associate Member . Alison Lescarbeau, Clerk and John Simons .
Kathleen Bradley Colwell, Town Planner was also present .
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Sal' s Pizza - site- plan review
The Board continued its discussion of the decision. Sal Lupoli
was present to represent Sal' s Pizza. Sal spoke with Bob
Nicetta, building inspector, about bringing the wording on the
signs closer together so it would not look like 9 signs but 3 .
At the last meeting Mr. Simons stated that he would like to know
what kind of lights they will be using and Mr. Lupoli stated that
they were bronze colonial light fixtures . Ms . Colwell received a
letter from Chief Dolan stating that the dumpster had to be moved
because there is so much paper waste be disposed of and it would
be a fire hazard. Mr. Lupoli stated that he had a couple of
ideas for the trash disposals . Mr. Lupoli stated that he could
get (2) 60 gallon tote barrels and put them out every morning and
have waste management pick it up every day or they could move the
dumpster to another spot . The Board agreed that Ms . Colwell can
work out the trash issue with Mr. Lupoli and the Fire Chief.
On a motion by Mr. Simons, seconded by Mr . Rowen the Board voted
unanimously to reconsider its decision.
On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted
unanimously approve the Site Plan Review as amended..
Attached are the conditions .
Sincerely
Joseph V. Mahoney, Chairm n
North Andover Planning Board
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476 Chickering Road (Sal's Just Pizza)
Site Plan Review- Special Permit
The Planning Board herein approves the Special Permit/Site Plan Review for the construction of a
2,350 SF commercial building located in the General Business Zoning District at the intersection of
Main Street,Park Street and Chickering Road. This Special Permit was requested by Salvatore Lupoli
for Sal's Just Pizza, 29 N. Broadway, Salem,NH 03079 on November 5, 1996.
The Planning Board makes the following findings as required by the Zoning Bylaw Section 8.3 and
10.3:
FINDINGS OF FACT:
1. The specific site is an appropriate location for the project as itis located on land that is zoned
for business and will replace an existing commercial structure.
2. The use, as developed, will not adversely affect the neighborhood as there is an existing
commercial structure on the site.
3. There will be no nuisance or serious hazard to vehicles or pedestrians as there is a reduction in
the number of curb cuts and the traffic will be directed through the parking lot via two
entrances.
4. The landscaping plan approved as a part of this plan meets the requirements of Section 8.4 of
the Zoning Bylaw with review by the Planning Board as varied by the Zoning Board of
Appeals;
5. The site drainage system is designed in accordance with the Town Bylaw requirements subject
to the conditions of this decision;
6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section
8.3 of the Zoning Bylaw,
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7. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use.
Finally, the Planning Board finds that this project generally complies with the Town of North Andover
Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in
compliance. The Planning Board hereby grants an approval to the applicant provided the following
conditions are met:
SPECIAL CONDITIONS:
1. Prior to any work on site,the applicant shall adhere to the following:
a) The applicant must receive a variance from the Zoning Board of Appeals authorizing
construction of the site plan.
b) The final plan must be reviewed and approved by the drainage consultant, DPW and
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the Town Planner and subsequently endorsed by the Planning Board. The final plans
must be submitted for.review within ninety days of filing the decision with the Town
Clerk.
c) The following issues must be resolved to the satisfaction of the drainage consultant,
DPW and the Town Planner prior to the endorsement of the plan:
i) The extent of grass and pavement must be clarified on the existing conditions
plan.
ii) The percent lot coverage value must be included on sheet 2 of 6 under General
Notes.
iii) Electric,telephone and cable t.v. etc. must be placed underground.
iv) A dry well must be added to the plans to contain the roof drain storm water. A
test pit must be dug at the dry well location to assure adequate soils exist and
that sufficient clearance to ground water is available.
(Dd) Details of the proposed lighting must be submitted for review and approval by the
Planning Board.
The dumpster must be relocated on the plan per requirement of the Fire Chief and
reviewed and approved by the Town Planner. If the applicant chooses to use garbage
cans in lieu of a dumpster the location must be shown on the plan and reviewed and
approved by the Town Planner.
f) The sign lettering must be condensed in the middle of each sign and reviewed and
approved by the Town Planner.
A bond in the amount of ten thousand ($10,000) dollars shall be posted for the
purpose of insuring that a final as-built plan showing the location of all on-site utilities,
structures, curb cuts, parking spaces and drainage facilities is submitted. The bond is
also in place to insure that the site is constructed in accordance with the approved plan.
This bond shall be in the form of a check made out to the Town of North Andover.
This check will then be deposited into an interest bearing escrow account.
h) I A construction schedule shall be submitted to the Planning Staff for the purpose of
tracking the construction and informing the public of anticipated activities on the site.
2. The hours for construction must be limited to between the hours of 7:00 a.m. and 7:00 p.m..
Trucking of supplies and the use of heavy of equipment must also be restricted to these hours.
Sunday and Holiday construction will not be pernutted. These conditions are necessary due to
the close proximity of the residential homes. `
3. Prior to FORM U verification (Building Permit Issuance):
Three(3)copies of the signed site plans must be delivered to the Planning Department.
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This decision shall be recorded at the Essex North Registry of Deeds and a certified
copy of the decision delivered to the Planning Staff
4. Prior to verification of the Certificate of Occupancy:
a) The applicant must submit a letter from the architect or engineer of the project stating
that the building, signs, landscaping, lighting and site layout substantially comply with
the plans referenced at the end of this decision as endorsed by the Planning Board.
b) All artificial lighting used to illuminate the site shall be approved by the Planning Staff.
All lighting shall have underground wiring and shall be so arranged that all direct rays
from such lighting falls entirely within the site and shall be shielded or recessed so as
not to shine upon abutting properties or streets. The site shall be reviewed by the
Planning Staff. Any changes to the approved lighting plan as may be reasonably
required by the Planning Staff shall be made at the owner's expense.
c) The building must have commercial fire sprinklers installed in accordance with the
North Andover Fire Department.
5. Prior to the final release of security:
a) The site shall be reviewed by the Planning Staff. Any screening as may be reasonably
required by the Planning Staff will be added at the applicant's expense.
b) A final as-built plan showing the location of all on- site utilities, structures, curb cuts,
parking spaces and drainage facilities must be submitted to and reviewed by the
Planning Staff and the Division of Public Works.
6. Any stockpiling of materials (dirt, wood, construction material, etc.) must be shown on a plan
and reviewed and approved by the Planning Staff. Any approved piles must remain covered at
all times to minimize any dust problems that may occur with adjacent properties. Any stock
piles to remain for longer than one week must be fenced off and covered.
7. Any plants, trees or shrubs that have been incorporated into the Landscape Plan approved in
this decision that die within one year from the date of planting shall be replaced by the owner.
8. The contractor shall contact Dig Safe at least 72 hours prior to commencing any excavation.
9. Gas, Telephone, Cable and Electric utilities shall be installed as specified by the respective
utility companies.
10. All catch basins shall be protected and maintained during construction with hay bales to prevent
siltation into the drain lines.
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11. No open burning shall be done except as is permitted during burning season under the Fire
Department regulations.
12. No underground fuel storage shall be installed except as may be allowed by Town Regulations.
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13. The provisions of this conditional approval shall apply to and be binding upon the applicant, its
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employees and all successors and assigns in interest or control.
14. Any action by a Town Board, Commission, or Department which requires changes in the plan
or design of the building as presented to the Planning Board, may be subject to modification by
the Planning Board.
15. Any revisions shall be submitted to the Town Planner for review. If these revisions are deemed
substantial, the applicant must submit revised plans to the Planning Board for approval.
16. This Special Permit approval shall be deemed to have lapsed after
(two years from the date permit granted) unless substantial use or construction has
commenced. Substantial use or construction will be determined by a majority vote of the
Planning Board.
17. The following information shall be deemed part of the decision:
a) Plan entitled: Site Plan Set
Sal's Just Pizza
North Andover,Massachusetts
Prepared for: Double N Inc.
29 North Broadway
Salem,NH 03079
Dated: October 18, 1996, rev. January 28, 1997,February 11, 1997
Scale: 1"= 10'
Prepared by: Meisner Brem Corporation
151 Main Street, Salem,NH 03079
Plan entitled: Preliminary Building Design
Sal's
N. Andover,MA
Scale: 1/8"= 1"
Date: 8 November 1996,Revised 26 November 1996, 15 February 1997
Prepared by: Warnick Associates, Inc.
163 Main Street
Salem,New Hampshire, 03079
Report entitled: Sal's Just Pizza
N. Andover,Massachusetts
Site Plan Application Report
Date: October 23,1996
Prepared for: Double N Inc..
29 North Broadway
Salem,NH 03079 '
Prepared by: Meisner Brem Corporation
151 Main Street
Salem,NH 03079
cc: Director of Public Works
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Building Inspector
Health Administrator
Assessors
Conservation Administrator
Planning Board
Police Chief
Fire Chief
Applicant
Engineer
File
476 Chickering Road-Site Plan Review_
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Town of North Andovero 40 RT" ti
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OFFICE OF ? ct T °
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COMMUNITY DEVELOPMENT AND SERVICES °
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27 Charles Street *_ :
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WILLIAM J.SCOTT
North Andover, Massachusetts 01845 "SsgCHus�`�
Director
(978)688-9531 Fax(978)688-9542
Memorandum
To: Robert Nicetta, Building Co ioner
From: Heidi Griffin, Town Planner
Date: June 28, 1999
Re: 478 Chickering Road
At their meeting on June 21, 1999,the Planning Board voted not to waive the site plan review for
478 Chickering Road. Please find the attached letter from James Nassar outlining their plans for
the site.
Cc: Rowen, Chairman, Planning Board
�ichael McGuire, Building Inspector
James Nassar, 26 Hunters Run Place, Haverhill, MA 01832-3633
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
w
James Nassar, Jr.
26 Hunters Run Place
Haverhill, MA 01832-3633
RECEIVED
May 27, 1999
JUN d 1 199
Town of North Andover
Planning Department NORTH ANDOVER
27 Charles Street PLANNING DEPARTMENT
North Andover, MA 01845
Re: 478 Chickering Road,North Andover
Dear Mrs. Chongres:
Enclosed is the information you requested concerning the new tenant at 478 Chickering Road,
North Andover.
The Business name is: Wild Cat Computer,Inc.
Hours of operation: 8 AM to 5 PM
No. Of Employees: One (The Owner)
Occupancy Date: July 1, 1999
Type of Business: The sale and repair of small computers
There will be no exterior or interior changes made to the building. The property presently has 15
parking spaces, which is way more than necessary for this business. I have included a plot plan for
your review. If there are any questions I will be happy to try and answer them.
Yours truly,
James Nassar, Jr.
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