HomeMy WebLinkAbout2012-03-20 Planning Board Supplemental Materials (143)Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
TO: Planning Board
FROM: Judy
Tymon, Town Planner
RE: 1018 Osgood Zoning Analysis
DATE: March 12, 2012
The following is a summary of the existing zoning in the immediate area surrounding 8 Marblehead St:
The
parcel is currently zoned Industrial – S.
The parcel contains an abandoned 9,000 sq. ft. building that looks like it had been used for offices and warehousing.
This zoning allows, among
other uses, research and development; light manufacturing; printing and reproduction; business and professional office; bank, post office; warehousing and wholesaling; by Special Permit
gas station, restaurant, retail food but not other retail store of any kind.
The parcel abuts the rail line and Sutton St. on one side. There are 4 additional parcels zoned Industrial-S:
The
other businesses in the Industrial-S include a construction contractor, Callahan AC/Heating and a building containing various electrical, plumbing and construction contractors. The
construction contractor abuts this parcel to the east.
Across the street from the parcel, also zoned Industrial-S, is a dance studio.
The local area is mainly residential, zoned as Residence-4.
The
neighborhood is in the northwest corner of the town, abutting Lawrence and 495. The homes are older, with a mix of single and two-family.
The Building Inspector recommends changing
the Zoning for Industrial-S to allow retail stores of any kind with a Special Permit, however, this change would affect all Industrial-S zones all of which are located in the “downtown”
area, along Riverview St, Sutton St. and between Main St. and High St. These areas include the following business (among others):
21 High St complex
Converse/Schneider Electric
Condominiums
in back of town hall
There are other options for accommodating the proposed business on the proposed parcel:
Change the zoning for this parcel to a zone that would allow retail stores
of any kind (e.g., General Business), while leaving the zoning in place for other parcels in the district (spot zoning):
Changing the zoning for one parcel is usually considered “spot
zoning”, which the courts have described as “…a zoning change is designed solely for the economic benefit of the owner of the property receiving special treatment and is not in accordance
with a well considered plan for the public welfare.” Any zoning change which provides a private benefit is a denial of equal protection
under the US and MA State Constitutions and it has been held by the courts to violate the uniformity requirement in MGL ch. 40A, section 4: “Any zoning ordinance or by-law which divides
cities and towns into districts shall be uniform within the district for each class or kind of structures or uses permitted.”
Change the zoning for all 5 parcels in this area that are
currently zoned Industrial-S:
The zoning bylaw currently contains 6 “business” districts: Business 1 through 4, Village Commercial District and General Business District. The new zoning
would have to contain all of the uses that are currently in place so as not to render an existing use non-conforming. It would have to include warehousing, building contractors and retail
sales. The zone with the broadest description of allowed businesses is the General Business zone, which allows:
Section 4.131. General Business District
Retail stores and wholesale
stores, salesrooms, funeral parlors, showrooms or places for any professional, artistic or mercantile activity, not involving manufacturing, also retail bakeries or retail confectioneries.