By DAN TOMASELLO
LYNNFIELD — A proposed South Lynnfield restaurant and retail space was given the green light to move forward by the Zoning Board of Appeals during a June 6 meeting.
Noto Family Partners, LLC recently purchased the old Good Luck Farms New England Barbecue Chicken property located at 922 Lynnfield St. The Noto family, which has lived in town for a number of years, will be opening a new “Sonny Noto’s Restaurant” and a retail space on the property. The family currently has a “Sonny Noto’s” in Wakefield and previously owned a restaurant in East Boston.
Atty. Brian McGrail recalled that the proposed 5,020-square-foot building was appearing before the ZBA to have the development’s site plan approved. He and attorney Tim Doyle, who was retained by the abutting over-55 Heritage Woods Condominium Association, collaborated to develop a series of conditions that will be included with the site plan.
McGrail gave an overview of the proposed draft conditions to the ZBA. He recalled that several Heritage Woods residents expressed concerns about traffic and parking for the proposed restaurant and retail space. He said Vanasse and Associates, Inc. Principal/Professional Engineer Scott Thornton recommended that “appropriate signage” be installed to make sure motorists don’t drive the wrong way on an adjacent access road located between the 922 Lynnfield St. property and Heritage Woods.
“We want to prevent people coming out of the parking lot from taking a right-hand turn,” said McGrail.
McGrail said Thornton recommended that the parking lot’s pavement be painted with left-turn only arrows to make sure motorists know where to exit.
“In addition to that, each side of the driveway will have a ‘no right-turn’ sign,” said McGrail. “They will be on each side to emphasize no right-turn.”
Engineering Alliance, Inc. Principal Richard Salvo said a one-way sign will also be installed on a grass strip located on the access road’s sidewalk. He said Lynn DPW Commissioner Andrew Hall agreed to install the sign.
ZBA Chairman Anthony Moccia said Noto Family Partners, LLC will need to make sure the signage and the pavement markings are maintained.
Moccia said he discussed a request from several Heritage Woods residents to limit the restaurant’s seating capacity with Town Counsel Tom Mullen. The restaurant will be able to accommodate 60 patrons.
“He believes that is something we cannot impose as a condition,” said Moccia. “We have no right to reduce the seating capacity.”
McGrail said delivery times for the proposed restaurant “shall be limited to between the hours of 7 a.m. to 4 p.m.” He also said there will be rules for the property’s dumpsters.
“The dumpsters shall be enclosed with a fence and secured by a locked gate,” said McGrail. “The dumpsters shall be covered. The dumpsters shall be picked up on a regular basis as needed to prevent any overflow, but at a minimum of twice per week. The dumpsters shall be sanitized at a minimum of once per month. The dumpsters shall not be picked up, emptied and/or replaced prior to 7 a.m. or after 5 p.m.”
McGrail said the proposed development will include landscaping.
“The landscaping shall be maintained and replaced as needed,” said McGrail.
McGrail said the building’s HVAC condenser units will be located behind the building and not on the roof.
“The proposed restaurant shall always maintain a pest management program with a licensed professional person and/or entity,” said McGrail.
McGrail said the lighting system located at the back of the building will be on motion sensors.
“The property shall always be monitored by security cameras,” said McGrail. “The pole light in the parking lot of the property shall be Dark Sky compliant and shall remain lit at night to enhance the security of the property. The condominium association requested that the property be lit to make sure people are not hanging out in the parking lot.”
McGrail said the proposed conditions will require Noto Family Partners, LLC to utilize “dust control/mitigation during construction.”
While the two attorneys were able to reach an agreement on 10 conditions, McGrail said the Noto family and the Heritage Woods Condominium Association could not reach an agreement on a proposed closing time for the new restaurant. McGrail said the Noto family wanted the restaurant’s hours of operation to be between 11 a.m. and 11 p.m. while the condominium associated wanted the restaurant to close at 10 a.m.
“We would respectfully suggest that 11 p.m. is a reasonable time,” said McGrail. “This is going to be a family-style restaurant and my client has said there is a good chance they won’t be open to 11 p.m. They probably won’t, but they do want that right if business warrants it. They are making a serious investment in this property. It has been a blighted area for a number of years. They are investing a lot of money and resources to improve it. They are going to provide an amenity to the citizens of Lynnfield with good food and a good family atmosphere.”
McGrail said forcing the restaurant to close at 10 a.m. could potentially cause a “significant financial hardship” to the Noto family.
“We respectfully request a hard close of 11 p.m.,” said McGrail. “There will be no patrons inside, but staff will be to clean up and lock up. It’s a reasonable request.”
ZBA member Andy Youngren asked if the closing time was the last sticking point for the two sides.
Atty. Doyle said yes.
“My clients don’t want it there, but they understand it’s going in,” said Doyle. “They are looking for some accommodations, a lot of which the Notos have already accommodated. The last point they feel very strongly about is that the restaurant close at 10 p.m.”
Youngren suggested that the two sides “split the difference” and agree to a 10:30 p.m. closing time.
The Noto family coolly received the proposal.
“It’s hard being in the restaurant business,” said Noto Family Partners owner Rob Noto. “When you go in with one hand tied behind your back and you are restricted to a certain time, you are worried about being successful. We are not going to be a nightclub. It will most likely be 10 p.m., but if we get to the point where people come in later, we want to keep that window open.”
Sonny Noto concurred with his son’s viewpoint.
“The upsetting part for me as an owner is I have to be regulated and told when to stop,” he said. “We know when to stop.”
Moccia said he was “not in favor of dictating when you can last serve.”
While Moccia said he is sympathetic to the concerns expressed by Heritage Woods residents, he recalled that the over-55 condominium complex abuts a Limited Business Zoning District.
“The people in the condominium complex chose to live in a complex that directly abuts a Limited Business District,” said Moccia. “If you buy a house next to a church, you can’t complain there is a lot of traffic outside on Sundays. This restaurant is going in by right.”
Moccia, Youngren and ZBA member Elizabeth Gaskins agreed that the restaurant be allowed to close at 11 p.m. and that all patrons must leave the premises at that time.
The ZBA subsequently approved the site plan and the conditions for “Sonny Noto’s.”
