HomeMy WebLinkAbout2011-06-21 Insubstantial Change Bk 12525 P:SP316 IF14299
06 --24--201 A-A1N/JP@ "-360
'',,`_•" ,• q Town of North Andover 4: 1 5
Office of the Planning DeparttneAll I ,SUN 23 F '
y _
Community Development and Services Divis'
C IN�'� ,�^••'' ' 1600 Osgood Street l i 0.R t 1 E A� "''°.'
North Andover,Massachusetts 01M
NOTICE OF DECISION(INSUBSTANTIAL CHANGE)
Date of Decision: June 21,2011
Application oh San Lau Realty Trust
109 Main Street,North Andover,MA 01845
Premises Affected: 109-123 Main Street, North Andover, MA 01845, within the General
Business Zoning District,Assessors Map 29,Parcel 48.
H15TORY 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 83 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,as affected by: (a)a Letter to San Lau Realty Trust,dated August 16,2007(which
clarified signage as it relates to the portion of the building containing the CVS Pharmacy Store);
recorded with said Deeds in Book 10941,Page 348(the"CVS Signage Determination");(b)a
Notice of Decision(Insubstantial Change),dated August 22,2007(which related to the
relocation of the dumpster and modifications to the drive-up facility),issued by the North
Andover Town Planner,recorded with said Deeds in Book 10941,Page 345(the"CVS Drive Up
Determination');and,(c)a Notice of Decision(Insubstantial Change),dated June 25,2008
(which related signage on the portion of the building unrelated to the CVS Pharmacy Store,as
well as landscaping and other enhancements),recorded with said Deeds in Book 11230,Page
291 (tire"Additional Signage Determination");and,(d)a Notice of Decision(Insubstantial
Change),dated March 20,2009(which related to an adjustment to site access, improvements to
sidewalks,tree plantings, fighting and landscaping along First Street and modifications to
parking islands within the parking lot,and other enhancements),recorded with said Deeds in
Book 11521,Page 236(the"Site Improvements").
At the June 21,2011 PIanning Board meeting,the Applicant requested a Determination
of Insubstantial Change with respect to certain proposed adjustments to the approved Site Plans
in accordance with the Site Plan Special Permit Decision,as well as Section 8.3 of the North
Andover Zoning Bylaws. Specifically, the applicant is proposing that a new restaurant be
allowed to operate within the Premises and that the hours of operation for the site be extended so
that the restaurant can operate until 12 AM on Fridays and Saturdays.
Bk 12525 Pg317 ##14299
r"* 109-12.3 Main Stn*t—San Lau Realty
Map 29,parcel 48
Site Plan Special Permit(Insubstantial Change Decision)
Jane 2S,2008
MM1NGS OE FACT
Upon a motion made by R.Rowen and a second by T. Seibert at the Planning Board
meeting of June 21,2011,the Board voted unanimously to approve as an Insubstantial Change,
the proposed changes to the above-referenced Site Plan Special Permit Decision,with no
requirement for a Modification of either the Decision or the Site Plan.
COND TIONS
The Planning Board's finding of no substantial change is conditioned on the following:
1. That this Decision is recorded with the Registry of Deeds and evidence of recording
is to be provided to the Planning Department; and,
Accordingly,San Lau Realty Trust may proceed with the operation of the proposed
restaurant in accordance with the Site Plans referenced in the Special Permit Decision.
Town of North Andover
Planning Department
By:
dith M.Tymon
Dated: June 23,2011 own Planner
ATTHS C,
A'Vui:N'�pyr.
r{ erk
2