The URL can be used to link to this page

Home My WebLink About2001-06-21 Recorded Decision-Chao Praya Town of North Andover i 4 4 R, G O� 147 yr►s► ,, Office o the PlanningDepa tent Community Development and Services Division 27 Charles Street V jae.. x fit....•`" North Andover, Massachusetts 01945 "s ,,,,s*-% Heidi Griffih "Fokplione (978) 688-9535 Planning Director Fax�978}6,58-9542 Notice Of Decision Any appeal shall be filed Within (20) days after the U Ca Date of filing this Not-ice ,y�r cedf that t e of {ds�w- � m�rn .�_+r:lapse4 loom date�[dDcsslo�.['I= X M 4 7 In the Oftwe of the Town , lIM flifrtg of on a � -- z�'�m Data CD Fria M clerk Joyce A. rada Rrs v> �uom Cork r Date: June 21, 2001 E Date of Hearing- ,dune 5, 2N I Petition of.Qhai Senabunyulthi, C/o Chao Praya River, 3 22 South.Broadway, 8akm NH 0307 Promises Affected: 1070 Osgood Stet Forth Andover, MA 01845 ' Referring to the above petition for a spfeial permit from the mge from cuts of the North Andover Za ng Bylaw Section 8.3, o as to allow: the construction of 2,733 square foot restaurant in the Buaine ; 2 Zone. After a public hearing given an the above data, the Mnniag Board voted to APPROVE, the Special Permit for Site Plan Review, based upon the following eonditioas: ' Signed: JY6fi Sinfibinis, Chairman C°e: Applicant A ertu ng , Vice Chairman Engineer Richard Nardella, Clerk Abutters Richard Rower DPW Alison Lesearbean $'�I AM10*04 Building Department Conservation Department Health Department ZBA ATTEST:True Copy ,� Towrk Clerk fJOARf}OF APPEALS 698-9543 ES��3f,E1[sr�rtx GRS•45 t5 CQNS$12VP�"I{}i`#S88}�530 HFA�fF3i�$$-9540 P�ATF�7ffl�686-9535 f BK 7 PG 148 1074 Osgood Street-Chao Praya Restati rant Site plan Review - Special Permit. The Planning Board herein approves the Special Permit/Sife Plan Revicw for the cortstructiull of a 2733 square foot restamant located in the Business 2 Zone. This Special Permit was requested by Cbai Senahurtya- dthi, c1a Chao Ara a Diver, 322 South Broadway, Sale, NH 03079. This alrpfication was fled with the Planning Board on January d, 2001. The applicant submitted a complete application wWch was noticed and reviewed in accordance with Section 9.3, 10.3, and 10.31 of the T"ovm cf Forth Andover Zoning Bylaw and MGL C.40A, Sec. The Plarming Board snakes the following Wings as requited by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF F T- 1. 'me specific site is an appropriate location for the project as it is located in the Business 2 Zone and involves time construction of a restaurant which is an appropriate, Ilse. 2. The use as developed will not adversely affect the neighborhood as a sufficietrt buffer has beers -provided. Exlewive hmdocaping bw been provided along the entire perimaer of the restaurant, along with a good guard rail, c ncrete headwall and a concrete retainkg will along the ingrwalaccess point. 3. There will be no nu.sawe or serious hazard to vehicles or pe&str}ans. 4, The landscaping approved as a part of this plate meets the requirements of Smtion 8.4 as amended by the Planning Board, of the North Andover Zoning Bylaw; 5. The site drainage sy t= is designed in accordance with the Town Bylaw requiremerAs and has been reviewed and approved by the Outside Consulting Frngir=r, Vanasse, Hangen Brustlir4 Inc; b. 'lie applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequao and appropriate laeilities will be provided for the proper operation of the proposed use. The facility will he on to n water and stew . piny the Planning Board finds that this project genezally complies wzth the Town of North Andover Zoning Bylaw requiremmts as lasted its 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 arc Ines; SPECIAL, CONDITIONS: S: t BK 6467 PG 149 1. Prior to the endowment of the plans by the Planning ,Board, the applicant must cmnply with the following conditions: a) The Liras plan rnust be reviewed and approved by the DPW and the Town Pl=ner and subsequently endorsed by the Pl&w*g Board. The sins_! plans must be submitted for raview within nixtety clays of filhig the decision with thq 'Town Clerk. b) A bond in the amount of five thousand (35,000) dollars must be posted for the purpose of insuring that a Baal as-bunt plan showing the location of all on-site ptilatics, �trurtwes, curb cuts, parking spaces, topography, and drainage &cilities is submitted. The bond is also in place to ins;ul7e that the site is corustrueted in accordance with the approved plan. The form of security must be acceptable to the P4mWng Depart meat. c} The applicant must supply a cop} of the approved Massachusetts Highway Department perni is accessary for eonstrmfion of the site to the Plamr.ing Department. 2. Prior tq the start of construction: a A construction schedule shall be submitted to the Planning Staff for the purpose of tracking the constrx den and infommg the public of anticipated activities on the site. b Puring construction, the site must be kept cleat and swept regularly. . Prior to FORM U ve rifleatioa-(Buil€iing Permit Issuance): a The Planning Board must endorse the lnal site plan f y1ws and throe (3) copies of the sigrsed plans must be delivered to the Plimning Department. b) Onc certified copy of the recorded decision must be submitted to the Planning Department. c) The applicant is reguu`ed to pay setter rr0gation fees at the Deparu nt of Public Works. Proof of pa uwnt must be supplied to the Planning Department. 4. Prior t9 verification of the Certificate of Occupancy: a) The appHcant must submit a letter from the as' hdect and engiuxT of the project stating that the building, signs, laMseaping, Hghft and site layotkt substantially comply with the plans referenced at the end of this decision m indorsed by thoPknning Board. b) The Plwming Staff shall approve, all as vial lighting used to illuminate the site. All lighting shall have underground wiring and shaU be so arrmiged tba( all direct rays from such lighting falls entirely within the site and si ll be shield -or -reces d 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 PlaiRning Staff shall be made at the ovmcr°s expense. A2 site lighting shy provide security for the site and structures however it must not create any glare ox project any light onto adjacent residential properties, c) The applicant shall adhere to the following requh nents of the North Andover Fire Department.and the North Andover Building Department: I) All structures must contain a conummial fire sprinkler system. The conimereW fire sprWer systems m" be Wtalkd In accordance with refbrenced standard NFPA 13D and in accvxd=ce with 780 CNdR, Chapter 9 of the ll ssachw t i Mate Building Crode, Certificatioa fl-m the systems lave bmi msudlW prosy in acwrdar=with the above referenced reg lations must be provided frorn both the Noah Andover Firc DVartrnctnt acid the North mover Building Department to the applicant. The applicant rno t then provide this certificatfon to [he North Andover Planning Dcpartmamt. 5. Prior to the final release of security: a) The Planni g Staff shah review the site, Any screening as nmy be r sonablp required by the Planning Staff will be adder€ at the applicant's Vxp-5we, peci#ically after the detention pond is c mpleted, the "yawn Planner will review the site and wiy screening as may be reasonably required by the Town Planner will be added at the apph is expense b) A Emal as-built plan shaving final topography, the location of all on- site wil.itkes, structures, curb cuts, parking spaces and drainage fife lities must be submitted to and reviewed by the Planning Staff' and the Division of Nblie Works. 6, Any st�ckpilhig of materials (dirt, wood, construction nmterial, etc.) must be shown.bn a plant and reviewed and approved by the Planning Stiff. Any approved piles must reruata covered at all tunes to mininWe any dust problems that may ooeur with adjacent .properties. Any stock.piles to remain for longer than one weep roust-be fenced ofFand covered. 7, in an effort to reduce noise levels, the applicant sisal€ keep in optimum working order, tkough regular maintenance,, any said all equipmtat that shall (nmnate sounds from tie structures or site. 3 BK 6467 PG 11 8_ The hours for constrcctioir shall be [ia ted to between TOO ami 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 beery incorporated into the Landscape Plan approved in this decision that die within one year from the date of planting &hall be replaced by the owner, 1 Tine contractor aW contact Dig Safe at least 72 hours prior to conanencing any excavation. 11. Gas, TQlephone, Cable and Electric utilities shall be installed underground as specked by the respective utihty companies. 12. No open bumf% sW be done except as is perraitted during burning season under the Fire Department regulations. 13, No undcwground fuel storage shall be instsled o pt as niay be mowed by Town Regulations. 14, The provisions of this condition approval slat apply to and be binding upon the appheant, its employees and all successors and assigns in, interest or control. 15, Any action by a Town Board, COMMissi0n, or DepWment, wl-�ch requires changes in the plan or design of the building, as presented to the Planning Board, may be subject to m,odifcation by the PUming Board. 16, Any revisions shad be submitted to the Town Planner for review. 1f these revisions are deemed substantial, the applicant must submit revised plans to the Planning Board for approval. 17, "X is Special Permit approval shall be deemed to have lapsed after ! (two years from the date perm t granted) mess substantial use or construction ha43 eorrmr moed. Substantial use or construction will be determined by a mjorit vote, of the Planning Board. 19. The following infomxation shall be deemed part of the decision: Plan Titled:. Site & [utility Marx of Chao restaurant Prepared for: Chai Senabunyw ithi Pxepared By: Thomas R. Neve Associates 447 Old Boston Road —U.S. Route 1 Topsfie,ld, Massachusetts 01983 Scale: l J=20' Date: 7/15/00, revised WSW, 9/1 V00, 11117/00, 01/03101 I/17/01, /14/01, 3/12/01, 6/1 /01 Sheets: 1-4 14 t 6K 6467 PG 12 Plan `, died: Chao river Restaurant Prepared for, Chid 84mabunyarithi, 1070 Osgood #rest North Andover, l lassa huwtts Dated. 1 4/00 Prepared Bar: Joel David Silerwatek Architect AI 163 Main Street Salem, NH 0307 sleets: A- A-3 Report Tilled- Hydrologic ArWysis f Chao Praya Restaurant Prepared By: Thomas B. Neve Associates, Inc. 441 Old Boston Road Topsfield, MA 01983 Dar,- June 2000, revised September WOO, revised April 200 t oc: A �sticar�t ' �Bgi�eer File 5