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Home My WebLink About2021-08-17 Recorded Decision Common Parking AReas & Multiple Use Facilities SP ilk Town of North Andover Office of the Planning Department � �t :'.,'� 18 AM 8: 4 Community Development and Services Division 120 Main Street North Andover,Massachusetts 01845 , NOTICE OF DECISION COMMON PARKING AREAs & MULTIPLE-USE FACILITIES SPECIAL PERMIT This Is certify that twenty(20)days have elapsed from qate of decision without filing of Any appeal shall be filed Date within(20) days after the Carla Da*r4Warfen date of filing this notice in Town Cleric the office of the Town Clerk. Date: August 17, 2021 Public Hearings: duly 20, 2021 and August 17, 2021 Date of Decision: August 17,2021 Petition of: Anh B, Le,Love Green LLC 11 Crescent Drive,Apt. 7 Andover, MA 01810 Premises Affected.: 733 Turnpike Street rl-s 9-"_-g-1.,), .,, 1 4.11 0� � �9 f[A North Andover MA 01845 �:-. ?.. __ Assessor's Map 98.D,Lot 0069 Referring to the above petition for a Common Parking Area & Multiple Use Facilities special permit under Article 8,Part 1, including Special Permits under Article 8 §195-8.8,D(5), Article 10 §19540.7 of the North Andover Zoning Bylaw, and MGL c. 40A, Sec 9. So as to allow for relief from parking space requirements due to the hours, days, or peak parking demands for the uses on-site being so different that a lower total will provide adequately for all uses or activities served by the parking facility. The property is located in the General Business Zoning District. After a public hearing given on the above date, and upon a motion by J. Simons and 2nd by A. Koenig to APPROVE the Common Parking Areas&Multiple-Use Facilities special permit as amended,and based upon and subject to the following conditions.Vote was 4-0 in favor of the application. Ati Jean Enright On Behalf ojthe North Andover Planning Board Eitan Goldberg,Chairman John Simons Peter Boynton A.Koenig ATTEST: A Rite Copy &,tk"(r) tom` Town Clerk 733 Turnpike Street,Map 98.1),Lot 0069 Common Parking Areas &Multiple-Use Facilities special permit August 17, 2021 The Common Parking and Multiple Use Facilities special permit application was filed with the Planning Board on Jun 22, 2021, The Public Hearing on the above referenced application was opened on July 20, 2021 and closed by the North Andover Planning Board on August 17,2021 On August 17, 2021, upon a motion made by J. Simons and a second by A. Koenig to APPROVE, as amended, a Common Parking Areas and Multiple-Use Facilities special permit to allow for relief from parking space requirements due to the hours,days,or peals parking demands for the uses on-site being so different that a lower total will provide adequately for all uses or activities served by the parking facility. The Project is located at 733 Turnpike Street, North Andover, Massachusetts, 01845, Assessors Map 98.1) Lot 0069 within General Business zoning district.The special permit was requested by Anh B.Le,Love Green LLC, 11 Crescent Drive, Apt, 7, Andover, MA 01810. The Applicant submitted a complete application, which was noticed and reviewed in accordance with Article 8, Supplementary Regulations, Part 1 Off-Street Parking and Loading, Section 195- 8.8.1)(5) and 195-10.7 of the North Andover Zoning Bylaw and Massachusetts General Law Chapter 40A, Section 9. The motion to approve was subject to the FINDINGS OF FACTS and SPECIAL CONDITIONS set forth in this decision. The Planning Board vote was 4-0 unanimous in favor, to grant the Common Parking Areas and Multiple-Use Facilities special permit. A special permit issued by the special permit granting authority requires a vote of at least four members of a five-member board. The Applicant is hereby notified that should the Applicant disagree with this decision, the Applicant has the right, under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this decision has been filed with the Town Clerk. The Planning Board makes the finding that the intent of the Bylaw,as well as its specific criteria are met. This decision specifically stated by the Planning Board makes the following FINDINGS OF FACT: FINDINGS OF FACT i) The specific Site is an appropriate location for such a use, structure or condition. As the Site is zoned for retail, places for any professional, artistic or mercantile activity and restaurant use. The restaurant use has been a longstanding use on the Site and the proposed uses are consistent with other uses in the area and with the General Business zoning district. 2) The use as developed will not adversely affect the neighborhood character. The proposed restaurant use hours of operation are 8:00 am to 2:00 pm on Wednesday through Sunday. There will be no seating as this is a to-go operation. Merchandise offerings include; but are not limited to,cold pressed juices,packed salad and vegan-vegetarian items,which will not require long cook times. Juices will be,pre-made and ready for pick-up. 3) There will be no nuisance or serious hazard to vehicles or pedestrians. 4) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The Project is adequately and appropriately serviced by municipal water, sewer and other utilities that adequately address the needs of the Project. 5) The proposed new restaurant will be located in Unit 7. The Site contains a total of 10 units in an existing retail building. Unit 7 consists of approximately 1,200 SF of GFA and thus requires 18 parking spaces according to the North Andover Zoning Bylaw. 2 733 Turnpike Street,Map 98.1),.Lot 0069 Common Parking Areas &Multiple-Use Facilities special permit August 17, 2021 6) The total number of on-site parking spaces for this use in addition to all the other uses on-site is not sufficient according to the zoning bylaw. The plaza currently as 73 delineated parking spaces where 138 spaces would be required in accordance with the Section 8.1(4)("Table of Off-street Parking").Adjustments to parking requirements is appropriate given the varying peak demands of the various uses on the Site. The intensity of restaurant use is contributing to the issue.The restaurants in the plaza currently include Dunkin' Donuts, Captain Pizza and Shunju Restaurant. The parking requirement for restaurants is 15 per 1,000 SF(KSF)of Gross Floor Area(GFA). These three restaurants along with this proposed restaurant require a total of 102 parking spaces; however,the proposed new restaurant is a to-go business only and will offer no indoor seating. 7) The application includes information from the Institute of Transportation Engineers (ITE) Parking Generation--41 Edition for Land Use: 820 Shopping Center. According to this report Strip Malls with less than 30,000 Building Area are classified"Typical Anchor and Tenant Type" with small businesses.Parking supply ratios for this type of shopping center suggest 4.1 spaces per KSF of GFA. This property consists of 14,696 SF of GFA. Therefore,per ITE,designated parking demand is approximately 62 spaces. 8) Additionally, pursuant to § 195-8.8(D)(5)Common Parking Areas and Multiple-Use Facilities, where there are multiple uses that require parking,the number of parking spaces ordinarily required may be reduced below the sum required for the separate uses provided that the hours, days, or peak parking or loading demands for the uses are so different that a lower total will provide adequately for all uses or activities served by the parking facility or loading bay, and that the location or the parking facility in relation to the uses proposed to be served by it is appropriate. The Site will involve parking for a combination of retail,mercantile activity and restaurant uses, and the hours,days, or peak parking or loading demand for the commercial uses are so different that the proposed number of Project parking spaces will provide adequately for all uses or activities served by the parking facilities, and the location of the parking facility in relation to the uses proposed to be served by it is appropriate 9) The use is in harmony with the general purpose and intent of this Zoning Bylaw. Finally the Planning Board finds that this Project generally complies with the Town of North Andover Zoning Bylaw requirements as Iisted in Article 8, Part 1, including Parking Special Permit under Article 8, Supplementary Regulations, Part 1 Off-Street Parking and Loading, Section 195- 8.8.1)(5) and 195-10.7 of the North Andover Zoning Bylaw 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: PERMIT DEFINITIONS 10) The"Locus"or"Site"refers to the 2.23 acre parcel or land, Map 98.1), Lot 0069,with frontage on Turnpike Street North Andover, Massachusetts. 11) The "Project" refers to relief from parking space requirements due to the hours, days, or peak parking demands for the uses on-site being so different that a lower total will provide adequately for all uses or activities served by the parking facility. The property is located in the General Business Zoning District. 12) The "Applicant" refers to Anh B. Le, Love Green LLC, the Applicant for the special permit, its successors and assigns. 13) The"Project Owner"refers to the person or entity holding the fee interest to the title to either of the lots from time to time,which can include but is not limited to the Applicant,developer, and owner. 3 5 733 Turnpike Street,Map 98.1),Lot 0069 Common Parking Areas &Multiple-Use Facilities special permit August 17, 2021 SPECIAL CONDITIONS 14) This special permit is being granted with the understanding that the proposed restaurant use hours of operation are 8:00 am to 2:00 pm on Wednesday through Sunday. There will be no seating as this is a to-go operation. Merchandise offerings include; but are not limited to,cold pressed juices, packed salad and vegan-vegetarian items,which will not require long cook times, Juices will be pre-made and ready for pick-up.Thus,future restaurant tenants on this Site shall not benefit from this special permit unless the restaurant use is deemed, by the Inspector of Buildings and Planning Director,to be of similar size(KSF of GFA)and of similar operation(no indoor seating,to-go operation,with similar pre-packed merchandise and hours limited to daytime operation. PRIOR TO ISSUANCE OF BUILDING PERMIT OR CERTIFICATE OF OCCUPANCY 15) Two(2)copies of the signed, recorded decision must be delivered to the Planning Department. GENERAL CONDITIONS 16) Pursuant to the North Andover Zoning Bylaw Section 195-10,7(3)this Common Parking Areas and Multiple-Use Facilities special permit shall be deemed to have lapsed after August 17,2023 (two years from the date the permit is granted), exclusive of the time required to pursue or await determination of any appeals,unless substantial use or construction has commenced within said two-year period or for good cause as determined by the Planning Board. CC: Applicant Abutters Town Clerk 4