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37 Pope’s Lane and 85 Newbury Street

Project Narrative:

The Applicant, TAKJ LLC, requests Site Plan Approval, and associated dimensional Special Permits under Section 7.4 of the Zoning Bylaw, to allow the construction of an addition to the existing Diluigi Foods facility  The Applicant currently operates the Diluigi Foods production facility at 85 Newbury Street (a/k/a 41 Pope's Lane), and has recently aquired the abutting property at 37 Pope's Lane to allow expansion of its operations.  The property located at 37 Pope's Lane contains approximately 1 acre of land (45034 s.f.) with an existing cement garage/structure. Both properties are located in the Highway Corridor Zoning District which permits assembly and processing by right.  The Applicant proposes to demolish the existing cement building and construct a new two story building addition, containing 25,897 s.f.  The building has been designed as an addition to the existing building at 85 Newbury Street; the new building will physically connect to the existing building and the lots located at 37 Pope's Lane and 85 Newbury Street will be merged into one lot by the endorsement of an ANR Plan after permitting is completed.

Proposed Addition:

As shown on the Site Plan and Building Elevation drawings submitted with this Application, the Applicant proposes to construct a new building addition to be used for accessory storage including dry, cooler and freezer storage, a new loading area, shipping office and approximately 8,000 s.f. of additional production space.  The proposed addition will greatly improve the efficiency of the Applicant's current production facility by providing much needed storage space as well as better internal circulation. Storage of unused equipment will occupy space in the proposed addition as well. This new addition will allow orderly storage of food products as well as provide for a new loading dock area for finished products.

The proposed addition is located primarily on the recently acquired 37 Pope's Lane which has not been the subject of Site Plan Approval in the past.  The property located at 85 Newbury Street received Site Plan Approval in 2008 and 2012; other than the connection of the new addition at the northeasterly corner of the existing 85 Newbury Street building, there are no changes proposed on the 85 Newbury Street site.  Given that the Applicant proposes to combine the properties, 85 Newbury Street has been included in this application.

The Applicant does not anticipate the addition of new employees; the expansion will provide needed storage and production space.  There will be no change in hours of operations with two production shifts and a sanitation shift per day.

The Applicant anticipates 5-6 trucks accessing the new loading docs per day - these are not new vehicle trips, rather these are trucks currently accessing the existing facility off of Pope's Lane; the trucks will simply continue fifty fee further down Pope's Lane, having no impact on any abutter to access the new loading dock area.  Again, no additional employees or employee vehicle trips are anticipated. It should be noted that many employees utilize van transportation. Even with no additional employees anticipated and van ride/sharing, an additional 20 parking spaces are provided, which will improve existing parking conditions for the facility.  The new loading dock will allow the existing facility to operate more smoothly and will ease traffic flow around the finished site.

Except as provided herein, the Site Plan has been designed to meet the requirements of Section 4 of the Danvers Zoning Bylaw, with the exception of those waivers listed.  The Applicant has provided a photometric plan as well as a landscaping plan and proposes landscaping in those areas where landscaping is feasible.

Special Permit:

The Applicant requests the following dimensional relief under Section 7.4 of the Zoning Bylaw:

Table 3 Dimensional Requirements Commercial & Industrial -

(a).  The maximum lot coverage in the Highway Corridor Zoning District is 70%, with restaurants and retail uses having an impervious lot coverage maximum of 80%.  Given the existing lot coverage of the site of approximately 79%, and the need to create a cohesive development with the addition of the newly acquired parcel and match the existing building for design purposes, the Applicant is requesting a Special Permit to allow the percentage of impervious lot coverage to be 85%.  The Applicant is adding additional landscaping where possible in keeping with the existing food production facility and the need for access to the new loading dock area.

(b).  The Applicant is requesting a Special Permit to allow a side setback adjacent to the pedestrian entrance to be 24' rather than 25' to accommodate the entrance platform.  The building addition itself complies with all dimensional requirements.

Owing to the need to work with the location of the existing buildings and access areas, as well as the irregular lot shape of 37 Pope's Lane, there are challenges and difficulties in creating the additional space needed to meet the needs of the Applicant, which cannot be overcome without the Special Permit for dimensional reductions requested; the Applicant submits that the design for the addition is highly suitable for the location and lot configurations.  The adjacent properties will not be adversely impacted by the proposed development, and the impervious surface adjacent to the abutting properties is an existing condition.  The increased impervious area and the minor deviation from the side setback to allow the access platform will not be detrimental to the public good and will not substantially deviate from the intent or purpose of the Zoning Bylaw.  The proposed design will allow a good quality existing business and employer to remain in Danvers while providing for the needs of its business.

The proposed dimensional Special Permit requested in conjunction with the existing food processing facility meets all of the conditions for the issuance of a Special Permit as stated under Section 30.3 of the Zoning Bylaw, to the extent deemed applicable, specifically:

  1. The municipal water and sewer systems shall not become overloaded by the proposed use.
  2. The public street shall not become overloaded by the proposed use.  Only 5 or 6 trucks daily are anticipated to access the newly developed loading dock area; trucks already access the existing operation from Pope's Lane off Route 1.
  3. The value of other land and buildings will not be depreciated by the proposed use.
  4. The specific site is an appropriate location for the use, as provided herein.
  5. There will not be any undue nuisance or serious hazard to vehicles or pedestrians and adequate and appropriate facilities will be provided to ensure the proper operation of the proposed use.  The Site Plan provides safe and adequate parking, traffic and pedestrian circulation.
  6. The proposed use will be in harmony with the general purpose of the Zoning Bylaw, and is an appropriate use for the property


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