HomeMy WebLinkAboutMiscellaneous - 188 HIGH STREET 4/30/2018 (2)�...-.__
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SMOLAK & 'AUGHAN
ATTORNEYS AT LAW
VIA EMAIL AND BY HAND
Gerald Brown
Building Commissioner
Building Department
Town of North Andover
1600 Osgood Street
North Andover, Massachusetts 01845
Re: West Mill Complex, One High Street
(the "Property")
Request for Zoning Determination
Dear Mr. Brown:
John T. Smolak, Esq.
T: 978-327-5215 1 F: 978-327-5219
jsmolak@smolakvaughan.com
March 2, 2014
This firm represents RCG West Mill NA LLC ("RCG West"), the owner of the
property located at One High Street.. In accordance with Section 7 of M.G.L. c.40A,
RCG West is requesting clarification concerning the interplay between the Downtown
Overlay District (Article 18) and the underlying Industrial S Zoning District.
Specifically, the Property is located both entirely within both the Industrial S
Zoning District, as defined under Section 4.135, as well as the Downtown Overlay
District (Article 18) of the Zoning. Bylaw of the Town of North Andover (the "Zoning
Bylaw").
While some of the uses permitted in the Industrial S and Downtown Overlay
District are the same (i.e., banks, professional offices), there are some uses within the
Industrial S District (i.e., light manufacturing): which are not permitted within the
Downtown Overlay District.
We note, however, that Section 18.0 of Article 18 states that "[t]his bylaw is
intended to be used in conjunction with the existing zoning and other regulations as
adopted by the town,..." We interpret this provision to mean that if an applicant sought
approval under Article 18, then the dimensional and other provisions of the underlying
Industrial S District are intended to be applied unless expressly stated otherwise in, or
would be inconsistent with, the provisions of Article 18.
On the other hand, it appears that Article 18 would not preclude an applicant from
applying for and obtaining approval of uses allowed in an Industrial S Zoning District
(and applying the applicable dimensional standards within the Industrial S District) to
premises without consideration of the standards under Article 18. Moreover, it would
appear that there is nothing in the Zoning Bylaws which would preclude an owner of a
East Mill, 21 High Street, Suite 301, North Andover, MA 01845
W WW.SMOLAKVAUGHAN.COM
SMOLAK & VAUGHAN LLP
March 2, 2014
parcel from seeking approval under the Industrial S Zoning District and Article 18, if
such uses were location on separate portions of the parcel.
Accordingly, we respectfully request that you confirm the following:
1. If an applicant sought approval under Article 18, then the dimensional and
other provisions of the underlying Industrial S District are intended to be
applied unless expressly stated otherwise in Article 18, or would be
inconsistent with the provisions of Article 18.
2. For a parcel within the Industrial S and Downtown Overlay Districts, an
applicant may obtain approval of a use in the underlying Industrial S Zoning
District (and apply the Industrial S Dimensional standards) for that use, and
the provisions of the Downtown Overlay District under Article 18.
3. There is no provision within the Zoning Bylaws that would preclude an owner
of a parcel from seeking approval for uses under the Industrial S Zoning
District for one portion of a parcel, and also obtaining approval of a use under
Article 18 for a separate portion of the same parcel.
Please contact me should you have any questions concerning this matter.
Sincerely,
John T. Smolak
JTS/
Enclosure(s)