HomeMy WebLinkAbout2007-08-22 Insubstantial Change i
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dF��4ea ,anti Town of North Andover
Office of the Planning Department
Community Development and Services Division
SSACHU5k��y 1600 Osgood Street
North Andover, Massachusetts 01845
NOTICE OF DECISION
(INSUBSTANTIAL CHANGE)
Date of Decision: August 22,2007
Application of: San Lau Realty Trust
109 Main Street,North Andover,MA 01845
Premises Affected: 109-123 Main S#reet,. Worth Andover, MA 01845, within the General
Business Zoning District,Assessors Map 28,Parcel 48.
HISTORY AND BACKGROUND
On or about January 19,2007,the Applicant, San Lau Realty Trust filed an Application for Site Plan
Review Special Permit with the Planning Board pursuant to Section 8.3 of the Town of North Andover
Zoning Bylaws. On May 1, 2007,the Planning Board unanimously voted to grant the Applicant a Site
Plan Review Special Permit for the Premises Affected, and proceeded to issue a Special Permit Decision
approving the Project. The Site Plan Special Permit Decision was recorded with the Essex North District
Registry of Deeds in Book 10802, Page 304.
By letter, dated August 10, 2007(the "Determination Request Letter"),the Applicant(through its legal
counsel)requested a determination of insubstantial change with respect to certain proposed adjustments to
the approved Site Plans in accordance with Special Condition No. 23 of the Site Plan Special Permit
Decision, as well as Section 8.3 of the North Andover Zoning Bylaws, which authorize the Town Planner
to make a determination of whether certain changes to the site plans constitute substantial changes,
Specifically, and as outlined in the Determination Request Letter,the proposed plan adjustments relate to
the dumpster locations and orientations behind the proposed building which are proposed to be modified
to accommodate specific tenant requests, and the Applicant's traffic engineer,Dermot Kelly of DJK
Associates, has reviewed the modified layout and relocated the fire lane to allow service and fire trucks to
circulate through this area as shown on a plan entitled "Conceptual Access and Fire Circulation Plan,
Messina's Shopping Center, Main Street,North Andover,MA.,"dated March 8, 2007 (Rev. August 7,
2007) on file with the Planning Department. Additionally,the Determination Request Letter requested
that a pneumatic tube device for prescription drop-off only be allowed in the bypass lane of the drive-thru
to be used as a prescription drop-off service only and that pick up would not be permitted within the by-
pass lane. According to the Determination Request Letter,this service does not incur any stacking of cars
as the service is limited to drop-off only.
FINDINGS OF FACT
Pursuant to my authority as Town Planner pursuant to Section 8.3 of the Zoning Bylaw, I have reviewed
the Determination Request Letter with regard to proposed adjustments to be made to the approved Site
Plans identified in the above-referenced Site Plan Special Permit Decision. Based upon the foregoing, I
have determined that the proposed plan adjustments shown on the plan entitled "Conceptual Access and
f
I 109-123 Main Street--San Lau Realty
Map 28,Parcel 48
Site Plan Special Permit(Insubstantial Change Decision)
August 17,2007
Fire Circulation Plan,Messina's Shopping Center, Main Street,North Andover,MA,"dated March 8,
2007 (Rev. August 7, 2007)are not substantial changes but are in fact minor, insubstantial changes.
Moreover,I have determined that the incorporation of a pneumatic tube device on the outer bypass lane of
the proposed drive-through facility is also considered a minor, insubstantial change, subject to the
following conditions.
CONDITIONS
The Town.Planner's finding of no substantial change is conditioned on the following:
1. San Lau Realty Trust and its successors agree that the outer bypass lane employing the pneumatic
tube device is used strictly for prescription drop-off only and shall not significantly impact
internal vehicular circulation and safety.
2. San Lau Realty Trust and its successors agree that all dumpsters shall be sufficiently screened and
fully enclosed.
3. San Lau Realty Trust and its successors agree that the use of permanent or temporary trailers for
storage of goods and products associated with the operations of any business on the property is
strictly prohibited, except for those temporary storage trailers used during the construction or
renovation process.
4. That this Decision is recorded with the Registry of Deeds and evidence of recording is to be
provided to the Planning Department.
Accordingly, San Lau Realty Trust may proceed with the proposed renovation project in accordance with
the Site Plans referenced in the Special Permit Decision,as modified by the plan and adjustments
referenced above.
Town of North Andover
Planning Department
By: Ste
Lincoln Daley
Town Planner
By/ich!6
0011a
Planning Board Chairman
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