HomeMy WebLinkAboutApplication - 57 WATER STREET 9/25/2015 SMOLAK & VAUGHAN -I John T. Smolak, Esq.
T: 978-327-5215 1 F: 978-327-5219
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BY HAND September 25,2015
John Simons,Chairman
Planning Board
Town of North Andover
1600 Osgood Street
North Andover,Massachusetts 01845
RE: Request for Site Plan Review Waiver
Property:57-59 Water Street
Applicant: Cynthia Robinson/Green Apple Caf6 LLC
Dear Chairman Simons and Other Board Members:
On behalf of the applicant,Cynthia Robinson,and in accordance with
Section 8.2.1(c)of the Zoning Bylaws,we are requesting the Planning Board to:
(a) determine the adequacy of on-site and off-site parking spaces for the
Applicant's proposed caf(!to be located at 57,59 Water Street.
(b) waive site plan review for the Applicant's proposed cafe.
The space for the proposed restaurant was most recently occupied by a catering
business,and is the former location of restaurants knows as Eatz,as well as
Pumpernickles.
Background
The Applicant has entered into a purchase and sale agreement to acquire
the property known and numbered as 57-59 Water Street(the"Property"). The
Property is approximately 0.117 acres(5,110 s.f.)in size,and is located at the
comer of Water Street and a private way named Brawn's Court. The Property is
also located directly across Water Street from the West Mill complex.
The Property is currently improved with three structures,including: (a) a
multi-story building containing the proposed caM on the first floor with an
accessory residential dwelling unit on the second floor, (b)an existing single
story wood frame structure including a second accessory residential dwelling
unit,and,(c) a 375 s.f.utility shed.
The Property is located within the General Business Zoning District,and
in the Downtown Overlay District where accessory residential and mixed uses
are permitted by right.
100093404;v11East Miff,21 High Street,Suite 301,North Andover,MA 01845
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SMOLAK & VAUGHANLLQ
John Simons,Chairman
Planning Board
September 25,2015
Proosed Project
In order to re-use the existing first floor restaurant space,the proposal
includes the renovation of the first floor space of the main building (1,350 s.f.)
into a forty(40) seat cafd-with eight(8)outdoor seasonal seats on the front deck,
serving breakfast and lunch.
Exterior alterations include:(i)the replacement of the front stairs and deck
having the same setback as existing conditions; (ii)the replacement of existing
second floor stair supports on the right side of building to allow for the
installation of a new handicap accessible ramp,and,(iii)the marking of parking
spaces.
No changes in the building footprint are proposed. No changes are
proposed to the existing single story building and shed located to the rear of the
Property.
Copies of an existing conditions plan,architectural site plan,proposed
floor plan,and elevations,as well as building photos,are attached.
Zoning Matters and Waiver Request
As noted above,the Applicant is requesting the Planning Board to:
(a) determine the adequacy of on-site and off-site parking spaces for the
Applicant's proposed caf6i to be located at 57-59 Water Street.
(b) waive site plan review for the Applicant's proposed cafe.
(a) Ad uac roof Parking
The Property includes a total of three(3)on-site parking spaces,but by
converting the first floor of the main building,the Table of Off-Street Parking
Regulations normally requires a total of 22 on-site parking spaces(20 of which
are for the restaurant use)as further described below. As a result,Site Plan
Review is triggered under Section 8.3.2.a since the new use requires"...the
application of the parking standards of Section 8.1 which indicate the need for
five(5)or more new or additional parking spaces."
However,as to adequacy of parking,we note the following;
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SMOLAK & VAUGHAN LLP
John Simons,Chairman
Planning Board
September 25,2M5
• the Table of Off-Street Parking Regulations under Section 8.1.4.a provides
that accessory residential units require 1.0 space per unit for accessory
residential units,or a total of 2.0 spaces for the two accessory units.
• the Table of Off-Street Parking Regulations under Section 8.1.4.a also
requires 15.0 spaces per 1,000 91 of GFA for restaurant use,or 20 parking
spaces for the restaurant use(i.e.,1,350 s.f.GFA at 15.0 spaces per 1,000 s.f.
of GFA=20.25 parking spaces,rounded down to 20 spaces as per Note 2
of the Parking Table).
• As a result,a total of 22 on-site parking spaces are normally required for
the Property.
• Lastly,as to the 22 required parking spaces,Note No. 7 of the Table of
Parking Regulations provides that:
in appropriate circumstances,where the provision of adequate
off-street parking is not otherwise feasible, the Planning Board
may include on-street parking within the determination of
adequate parking arrangements for a particular use,pqrti
Ley
in the so-called Downtown Area which for the purposes o
& following
f this
Section shall be
,flned as the fol wi4 areas:(i)Main Street
from Sutton Street to Merrimac Street, including 200feet from
Main Street on the following side streets, Waverley Road,First
Street, Second Street,and School Street; (ii) Sutton Street from
Main Street to Charles Street;"iii Water Street from Main Street
to High Street;and, (iii)High Street from Water Street to Prescott
Street.
• Further,Section 8.1.6(d)provides that"no parking area or aisles shall be
laid out on land,which is reserved as a vehicular right-of-way,whether
developed or undeveloped,and whether public or private unless
otherwise permitted as provided above in Section 8.1.4."
• As depicted on the Site Plans,it is clear that adequate off-street parking is
not otherwise feasible. Given that the Property is located in the so-called
Downtown Area on Water Street as contemplated by Note No. 7 above,
the Planning Board has the authority to determine that parking is
adequate by allowing on-street parking spaces located along Water Street
to count toward the required parking spaces for the restaurant use as
allowed as described above.
For these reasons,the Applicant requests the Planning Board to confirm that
there are adequate on-street parking since Water Street can adequately
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OLAK & VAUGHAN LLP
John Simons,Chairman
Planning Board
September 25,2015
accommodate nineteen(19)parking spaces to satisfy Project parking
requirements,in addition to the three(3)off-street parking spaces,
(b) Re nest for Waiver of Site Plan Review
As described in Section 8.3.1(c)of the Zoning Bylaw,the Planning Board
may waive site plan review when the Planning Board determines the change in
use"...will not have a significant impact both within the site and in relation to
adjacent properties and streets, on pedestrian and vehicular traffic;public
services and infrastructure;environmental,unique and historic resources;
abutting properties;and community needs."
The change in use is really a reversion to the longstanding restaurant use
that existed in the 1980's through 2000's with both Pumpernickels Restaurant
and then Eatz which occupied the same premises,and will therefore not have a
significant impact on adjacent properties,traffic,infrastructure or environmental
matters. . We feel that the proposed conversion of the Property to a cafe use,
which is a longstanding use which has been located at the Property for many
years in the past,as well as the minor exterior improvements,is exactly the type
of redevelopment amenity which is an outgrowth and extension of the
redevelopment of the East Mill and West Mill Complexes We appreciate your
consideration with regard to this matter and we look forward to discussing this
waiver request with the Board.
Please feel free to contact my office should you have any further questions
or concerns.
Sincerely,
John T.Smolak
cc: Jean Enright,Interim Town Planner
Cynthia Robinson
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