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Home My WebLink About1992-01-31 Decision SPR TOWN OF NORTH ANDO 'V R Any appeal shall be filed } � ,y within ( 0) days after the data of filing of this Notice -q{ii175Ei in the Office of the Town _ Glen. NOTICE of DECISION Date. . . Date of Hearing F ' *January 23,_ 1992 Petition of . . Michael. k iipp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Premises affected , F733 *Turapi e+ Street, Unit #9 * . . . . . . . . . . . . . . . . . . . . . . . . . . . Referring to the above petition for a special permit frow the requiremelzts of the . .North Andover Zoning Bylaw - Section 8. 3 - Site Flan Review . . . . . . . . . . . . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . so as to permit , #th, `renovation, and associated parking due to the change of use . . . . . . . . . ` + _ . . . . , , . as defined in the North Andover Zoning Bylaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After a public hearing given on the above date, the Plarining Hoard voted CONDITIONALLY to AP.PnyF. . . . . . , . .the . .4Vkq F.W. RJEY Epw. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . cc: T)irectos of Public. Works based upon the following conditions Highway Surveyor Building inspector Board of Health Conservation Commission Assessors Signed Police Grief Fire Chief George D. Perna, Chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . Applicant . . . . . Engineer , John FDraper . . . . . . . . . . . . . . . . . . . . File interested Farties Richard Nardella Joseph Mahoney Page 2: Dunkin [)onuts Ili hard Nardella, asked if there were enough parkin spaces, per the Z oning Bylaw,, George Perna asked Che Building Inspector, Robert Nicella, if lie could a.nswer thy:qucstion- Mr. Nicetta stated that lie did Doi feel that Dunki-n Dontivi would generate any niore traffic than the bank did. He ffirther sta led that n-tost of the businesses are,quick drop-offs (m pick-ups. 'Fhe Roard wanted to know of the anioinit (,),f parking spaces on the site could accominodatealithe restaurants onsitt,taking intoconsideration that theZoningBylaw states I space per scats. ChrisfianIluntressstatcd that for what wasrcquired for the entire site on the nunaber of parking spaces, the site: is one Space: short„ M ichacl Quinn, ow x)w r, spoke to thy;: Board about the signs. Mr. Quinn stated that he did .not want to iise a Plastic sign, with lights on the i.nside. Ile wants to U,.Cic as wooden, sign, Rkuninated fromthQ outside. The call owed sire fora sign is 8 sq.fl. The applicant is proposing, a 32 sq.fl� sign. Pictures we:ro given to the Board on the type of,sign thr applicatit woiddlike toose, George Perna stated that at a niinimuni, the sign would be below the root'fine. A motion was naude by John Draper to the public hearing. Thu tan otion was siQcondcd by,John Simons and voted un.aniniously by those present„ A motion was nia& by Richard Nardella to direct st,aff to draft a decision of approval for the Sim Plan Review for Dunkin Donuts a por discussdons and, incorporating c<miditions on the signage. The motion wassecondt,d by John Sin ors and voWd unanimously by tho,se present On January 23, 1,992 the, Planning Board field as rvgvular mectitig. "I'lic following mcnib,ers were present and v(,)tii-kg,, Geo rge:Pema,03 a i rperso 11,.1 ohn,Drape rJ ostpli Malion ey and RiQhard Nardella. John Simons ajid Richard Roweii were absent. Icaren Nld"on,Director of Planning, and ConunQnily Devidopment was prQsQnt, There was no one present from Dunkin Donxits. George Perna cxprusscd his fuclirigs of being upset with the amswcr 110 recelved .froan,a representative from, r)unkin Donuts, who stated that woodensigns were not used, only in historic areas. John Draper works within walking.distance fro nu a Dunkin Donuts that has as wooden signatid is ;wt in as historic area. I I he feeling iaf the'Board was that they wcre not pleased with the wa,y they were inisled with the discussions about the sigu between represcntative.of Dunkin Donuts and themselves. Page i Dunkm Donut A motion %vas made by Joseph Mahoney to a1)prove the decision as clrafted. The motion was secordQd by John Draper an voted u na n imou s ly by those rt-sent, Atla(Aied arc those conditions approved of by tie Board, 1f3cfl-ely, PLANNrNG BOARD 3 ��I.Cxeorge i �:'ma, Chairperson attaoliment Director of Public Works I-IF sway Surveyor Building Ins,-pec for Board of Health 7011serVaIiQD CC)MIDissic» Assessors Police Chief Fire C:hit!f Applicant Enginecr Filc DUNKIN' DONUTS, 733 TtM PIKE STREET NORTH ANDOVER, MASSACIMETTS SITS PIAN REVIEW APPROVAL 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 applicant has met the requirements of the Town for Site Plan Review as stated in Section 8 .3 of the Zoning Bylaw. 5, Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board finds that this proposal generally ccmplies 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. 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. This site shall have received all necessary permits and approvals from the Forth Andover Board of Health and Fire Department. . 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 and Fire Department. 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 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. 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 . No underground fuel storage shall be installed except as may be allowed by Town Regulations. 5. The provisions of this approval shall apply to and be binding upon the applicant, it's employees and all successors and assigns in interest or control . G. All lighting found within the site shall be down cast and shall not project into adjacent properties. 7 . 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 required to otherwise comply with the sign regulations found in Section] 6 of the Zoning bylaw. In general, the Planning Hoard has reviewed the following layout for the design of the roof sign: DUMMINN 4 1 _()r1 DONUTS Thirty two (3 ) Square Feet, total . The following plans shall be deemed as part of this decision: Plans entitled: DIN" DOSS . 733 Turnpike Street Korth Andover, MA Scale: l- = 20t Dated: M�C. 17, 1991 - Final Rev. 1/8/92 Prepared By: Jam@& Jr. Fitzgerald Architects & Planners P.O. Bow 19 Topsfield, MA Olga] (508) 887-6303 cc: Director of public Works Board of Public Works Highway Surveyor Building Inspector Board of Health Assessors Conservation commission Police chief Fife Chief Applicant Engineer File