HomeMy WebLinkAbout20170905 Application - Application - 25 ORCHARD HILL ROAD 7/19/2017 S
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PLANNING DEPARTMENT
Community&Economic Development Division
Special Permit— Site Plan Review Application
Please type or print clearly.
1.Petitioner: Gracepoint Community Church
Petitioner's Address: 505 Sutton St_, No. Andover, MA 01845
Telephone number: 978-302-5523
2.Owners of the Land: Orchard Hill Nominee Trust
Address: 1267 Osgood St. North Andover MA 01845
Number of years of ownership: 19+ years
3.Year lot was created: 1997 (Registry Plan 13094)
4. Description of Proposed Project:
Conversion of interior of existing gymnasium building into a conventionial
church facility for worship, assembly and office use. Principal exterior
change consists of addition of new main entrance on easterly side of
Building, to include accessible entrance plaza and canopy
5. Description of Premises:1 84 Acre Parcel, containing 70' x 140' 9,800 s.f. existing steel Butler Building
6.Address of Property Being Affected: 25 Orchard Hill Road
Zoning District: CDD3
Assessors Map: 34 Lot#: 52
Registry of Deeds: Book#: 5158 Page#: 195
7. Existing Lot:
Lot Area(Sq.Ft): 80,003 sf Building Height: 25'
Street Frontage: 150 Side Setbacks: 51' and 62'
Front Setback: 140' Rear Setback: 107'
Floor Area Ratio: 0.16 : 1 Lot Coverage: 12%
8. Proposed Lot(if applicable):
Lot Area(Sq.Ft): N/A(all same) Building Height:
Street Frontage: Side Setbacks:
Front Setback: Rear Setback:
Floor Area Ratio: Lot Coverage:
Page 3 of 4
120 Main Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
9.Required Lot(as required by Zoning Bylaw):
Lot Area(Sq.Ft): 108,900 Building Height: 45
Street Frontage: 250' Side Setbacks: 20
Front Setback: 15 Rear Setback: 30
Floor Area Ratio: 0.75-1 Lot Coverage: 70%
10.Existing Building (if applicable):
Ground Floor(Sq. Ft.): 9800 #of Floors: 2 partial mezzanine
Total Sq. Ft.: 12,600 Height: 25'
Use: gymnasium Type of Construction: steel Butler Building
11. Proposed Building:
Ground Floor(Sq. Ft.): 9800 #of Floors: 2 partial mezzanine
Total Sq. Ft. 12,800 Height: 25
Use: Church Type of Construction:
12.Has there been a previous application for a Special Permit from the Planning Board on these premises?
yes If so,when and for what type of construction? 1997 existing building
13.Section of Zoning Bylaw that Special Permit Is Being
Requested 8.3; 8.1.8 (d), (q), and (h)
14. Petitioner and Landowner signature(s):
Every application for a Special Permit shall be made on this form, which is the official form of the Planning Board. Every
application shall be filed with the Town Clerk's office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application.The dated copy of this application received by the Town Clerk or Planning Office does
not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements, as cited herein and in the Planning Board Rules and
Regulations may result in a dismissal by the Planning Board of this application as incomplete.
Petitioner's Signature: r ASee attached Authorization Letter
Print or type name here: Gracepoint Community Church
Owner's Signature: See attached Consent Letter Of Orchard Hill Nominee Trust
Print or type name here: Orchard Hill Nominee Trust
15.Please list title of plans and documents you will be attaching to this
application. Gracepoint Site Plan (1 sheet)
Dutton & Garfied Elevation Plan (1 Sheet)
2002 As-Built Plan Scott Giles RPLS (2 Sheets)
Gracepoint Landscape Plan (1 Sheet)
Memo in Support of Application; AAA Parking LOI; Owner's Deed and
Summary of Dover Waivers Requested
Page 4 of 4
120 Main Street, Planning Dept., North Andover, Massachusetts 01845
Phone 978.688.9535 Fax 978.688.9542 Web www.northandoverma.gov
GRACEPOINT COMMUNITY CHURCH
Summary of Dover Waivers requested
The Applicant, GracePoint Community Church,respectfully requests that the Planning Board
grant waivers pursuant to Massachusetts General Laws c. 40A, § 3 (the so-called"Dover
Amendment")relative to 25 Orchard Hill Rd.,North Andover(the "Property") as follows:
1. Section 8.1 Offstreet Parking and Loading
• Any provision contained therein including without limitation,parking lot lighting, which
would unreasonably restrict the ability of the Applicant to utilize the existing parking lot,
the existing lighting, and the existing Property in the manner shown on the Site Plan.
2. Section 8.3 Site Plan Review
Any provision contained therein which would unreasonably restrict the ability of the Applicant
to utilize the Property in the manner shown on the Applicant's Site Plan, including without
limitation the following:
• Section 8.3.4 Procedures
• Section 8.3.5 Information Required, including without limitation Peer Review
• Section 8.3.6 Review Criteria/Design Guidelines
• section 8.3.7 Findings of the Planning Board
• Any procedural issues that would otherwise prevent the Planning Board from notifying
the Building Commissioner that the Planning Board has approved Gracepoint's Site Plan
under Zoning Bylaw section 8.3
3. Section 8.4 Screening and Landscaping Requirements for off-Street Commercial and
Industrial Districts
• Any provision contained therein which would unreasonably restrict the ability of the
Applicant to utilize the Property in the manner shown on the Applicant's Site Plan.
4. Section 16 Corridor Development District
Any provision contained therein which would unreasonably restrict the ability of the Applicant
to utilize the Property in the manner shown on the Applicant's Site Plan, including without
limitation the following:
• Section 16.4 CDD3 —Permitted Uses
• Section 16.5 Uses Subject to a Special Permit
• Section 16.6 Design Standards
• Section 16.7 Screening and Landscaping Requirements
• Section 16.8 Lighting and Signs Section
• Section 16.9 Submission of a Special Permit Application and Plan
• Section 16.10 Parking Requirements
• Section 16.12 Use of Existing Structure on Existing Lot
Orchard Hill Nominee Trust
c/o Beth Barker
1267 Osgood Street
North Andover, MA 01845
North Andover Planning Board
120 Main St.
No. Andover, MA 01845
RE: Application for Gracepoint Community Church
25 Orchard Hill Rd., North Andover, MA
Assessor Map 34—Parcel 52
To the North Andover Planning Board:
As your records will reflect, Orchard Hill Nominee Trust is the record owner of
the above-referenced Property. This letter will serve as our written pennission for
Gracepoint Community Church ("Gracepoint") to file with the North Andover Planning
Board Applications for Site Plan Review and for applicable Special Permits in order to
authorize Gracepoint's proposed redevelopment of 25 Orchard Hill Rd., North Andover,
MA (the "Property")
Should you have any questions require any further information,please do not
hesitate contact us.
Very truly yours,
Orchard Hill Nominee Trust
By:
an : tlizabeth E Barker, Trustee
NORTH ANDOVER PLANNING BOARD
MEMORANDUM IN SUPPORT OF APPLICATION FOR SPECIAL PERMITS
GRACEPOINT COMMUNITY CHURCH
(Property: 25 Orchard Hill Rd.,North Andover,MA)
To: The North Andover Planning Board
From: Robert W. Lavoie,Esq.
Johnson & Borenstein,LLC,Attorneys for Gracepoint Community Church
Date: July 18,2017
1. Background.
Gracepoint Community Church("Gracepoint")was formed several years ago and since
2014 has been located at 505 Sutton St.,North Andover(the former Knights of Columbus
property). For a number of years, Gracepoint has been looking for a property to purchase in
order to have a permanent home.
In June 2017, GracePoint entered into a Purchase and Sale Agreement to acquire 25
Orchard Rd.,North Andover(the "Property") from Orchard Hill Nominee Trust, which has
owned the Property since 1998 when George R Barker, Jr. created the trust and deeded the
Property to the Trust.
The North Andover Planning Board on May 20, 1997 unanimously voted to approve
Orchard Hill's Site Plan and on May 23, 1997 filed its Notice of Decision with the City Clerk's
Office, who later on August 20, 1997 certified that 20 days had elapsed and no appeal had been
filed. Construction proceeded on the 9,800 square-foot steel Butler Building to house the j
proposed gymnastics/dance school, and on or about October 13, 2000 the As-Built Plan was
submitted to the Planning Department. The Property has been in continuous use since that time.
In 2002-2003, a 2800 square-foot 2nd floor mezzanine was constructed, bringing the total
square footage to 12,600 ft.'. At the present time, a gymnastics studio (Legends) still operates on
the property.
2. The Project.
Gracepoint's Project consists of conversion of the interior of the existing gymnasium
building (the "Building") into a conventional church facility for worship, assembly and office
use. The principal exterior change consists simply of the addition of a new main entrance on the
easterly side of the Building, which will include an accessible entrance plaza covered by a
canopy.
GracePoint currently envisions no other exterior alterations of the existing Building, and
no additional square footage is being added to be Building at this time. Certain of the parking
spaces will be restriped, and the landscaping will be refreshed (as shown on the Landscape Plan
submitted with the Application).
3. Applicable Zoning Provisions:
This Memorandum discusses in detail the following applicable Provisions of
Massachusetts Zoning Statutes and the North Andover Zoning Bylaw:
• MGL Chapter 40A, Section 3 (Dover Amendment Provisions)
• Zoning Bylaw Sections 8.3 On Site Plan Review
• Special Permits under Section 8.1.8 Off Street Parking:
(d)Parking on a Separate Lot/Satellite Parking;
(g)Reduction in Parking; and
(h)Modification of Screening/Landscaping Requirements
4. Discussion
Dover Amendment Provisions
Generally speaking, G.L. c. 40A, § 3, often referred to as the Dover Amendment, was
adopted to prevent certain uses the Legislature deemed worthy of protection from being
discriminated against by municipalities. See The Bible Speaks v. Board of Appeals of Lenox, 8
Mass. App. Ct. 19, 27 n.10 (1979); G.L. c. 40A, § 3. Religious facilities are a protected use
under G.L. c. 40A, § 3, which states "nor shall any such ordinance or by-law prohibit, regulate or
restrict the use of land or structures for religious purposes or for educational purposes on land
owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by
a religious sect or denomination, or by a nonprofit educational corporation; provided,however,
that such land or structures may be subject to reasonable regulations concerning the bulk and
height of structures and determining yard sizes, lot area, setbacks, open space,parking and
building coverage requirements".
What constitutes"reasonable regulations"was once the source of controversy for many
years, but has become quite clear regarding educational and religious facilities. In Rogers v.
Town of Norfolk, 432 Mass. 374, 379 (2000),the court stated that the test to determine whether
a regulation is reasonable is to ask "whether the . . . restriction furthers a legitimate municipal
interest, and its application rationally relates to that interest, or whether it acts impermissibly to
restrict the establishment of. . . facilities in the town, and so is unreasonable." This test is
intended to further the purpose of G.L. c. 40A, § 3 (the Dover Amendment), by striking a
balance between preventing local discrimination and respecting legitimate municipal concerns.
See Trustees of Tufts College v. Medford, 415 Mass. 753, 757-760 (1993)'(stating that the intent
of the statute is "to strike a balance between preventing local discrimination against an . . use and
honoring legitimate municipal concerns that typically find expression in local zoning laws . . .
the Dover Amendment is intended to encourage a degree of accommodation between the
protected use and matters of critical municipal concern."). If"compliance [with the challenged
regulation] would substantially diminish or detract from the usefulness of a proposed structure,
or impair the character of the institution's campus,without appreciably advancing the
municipality's legitimate concerns,"the regulation is unreasonable. Trustees of Tufts College V.
City of Medford, 415 Mass. 753, 759 (1993). Similarly, "[e]xcessive cost of compliance . . .
without significant gain in terms of municipal concerns" would indicate that the regulation is
unreasonable. Id. at 759-760. The court may also look at the intent and purpose behind the
regulation, even if the regulation as proposed is not in the list of allowed "reasonable
regulations" in c. 40A, § 3. However, even where the municipality has a legitimate interest in
restricting the educational facility, "a zoning requirement that results in something less than
nullification of a proposed educational use may be unreasonable within the meaning of the Dover
Amendment." Rogers, 432 Mass. at 378.
"The question of the reasonableness of a local zoning requirement, as applied to a
proposed [exempt] use, will depend on the particular facts of each case." Id. at 383. In
determining whether a restriction is reasonable, i.e., "whether it furthers a legitimate municipal
interest, and its application rationally relates to that interest," courts have considered the
following; i)the special characteristics of the exempt use, Trustees of Tufts College v. City of
Medford, 415 Mass. 753, 759 (1993); ii) ease of compliance, Trustees of Tufts College v. City of
Medford, 415 Mass. 753, 763 (1993); iii)whether compliance would substantially diminish or
detract from the usefulness of the proposed structure without appreciably advancing the
municipality's legitimate concerns, id.; iv)whether compliance would impair the character of the
structure without appreciably advancing the municipality's legitimate concerns, id.; v)whether
compliance would improperly nullify the protection granted to the use, Campbell v. City Council
of Lam, 616 N.E.2d 445, 449 (Mass. 1993); vi)the size of the other buildings in the area,
Rogers v. Town of Norfolk, 432 Mass. 374, 380-381 (2000); vii)whether the proposed structure
conforms to the style and architecture of the other buildings in the area; Martin v. Corp. of
Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, 434 Mass. 141, 152 (2001);
Rogers v. Town of Norfolk, 432 Mass. 374, 384 (Mass. 2000); viii)whether it would cost an
excessive amount to comply with the restriction without significant gain in terms of municipal
concerns, Trustees of Tufts College v. City of Medford, 415 Mass. 753, 759-760 (1993); and ix)
whether the zoning bylaw requires a variance or special permit for the permitted use, Trustees of
Tufts College v. City of Medford, 415 Mass. 753, 760, 765 (1993).
Like all Massachusetts municipalities, the Town of North Andover is entitled to regulate the
seven(7)permissible areas of"bulk and height of structures and determining yard sizes, lot area,
setbacks, open space, parking and building coverage requirements"under the Dover Amendment
(MGL c.40A, s.3).
The correct analysis regarding Dover Amendment situations can be summarized as follows.
Under the Dover Amendment (MGL Chapter 40A, Section 3) no Municipality in Massachusetts,
including North Andover, may prohibit, regulate or restrict:
"land or structures for religious purposes or for educational purposes on land owned or leased by
the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or
denomination, or by a nonprofit educational corporation".
However,the Town may impose reasonable regulations governing:
1. Bulk and height of structures
2. Yard sizes
3. Lot area
4. Setbacks
5. Open space
6. Parking
7. Building coverage
Section 8.3 Site Plan Review
While entitled to Dover Amendment protections, Gracepoint is certainly comfortable
with proceeding through Site Plan Review in whatever fashion is most convenient for the
Planning Board. We note that the land and building as currently configured already went
through Site Plan Review and obtained a Site Plan Review Special Permit almost 20 years ago,
and has been in continuous use in harmony with its direct abutters, the AAA facility to the east,
and the North Andover Police Department to the west. As shown on the Site Plan, the principal
exterior change consists simply of the addition of a new main entrance on the easterly side of the
building, which will include an accessible entrance plaza covered by a canopy.No new
additional pavement will be added, and the landscaping will be refreshed, in accordance with the
Landscape Plan.
As required under section 8.3.6, entitled Review Criteria/Design Guidelines,the Planning
Board uses the following 6 categories in evaluating site plans; it is respectfully submitted that
Gracepoint's continued use of the previously-approved building and improvements for church
purposes ought to allow the Planning Board to approve Gracepoint's submitted Site Plan. In
particular, we would mention the following:
A. Conformance with zoning bylaw and protection of abutting properties from detrimental site
characteristics
Religious uses are allowed in all zones, including the Corridor Development District 3
(CDD3). Except for Sunday morning worship services, the traditional church uses proposed for
the Property will be as unobtrusive as most religious uses are. Sunday morning worship services
will of course bring the normal church attendance crowd, which from Gracepoint's experience at
the 505 Sutton St. location, is approximately 100 worshipers who have been arriving in
approximately 50-55 automobiles each Sunday for quite a bit of time. In addition to the 32
parking spaces on site, arrangements have been made with the adjacent AAA facility to the east,
for an additional 40 parking spaces. With historic attendance records in mind, GracePoint
envisions no difficulty having sufficient parking for its parishioners, even on the busiest of
Sunday mornings. And of course, Sunday mornings are quiet in the Orchard Hill neighborhood,
as the Police Department seldom operates large Sunday morning activities, and AAA of course is
closed on Sundays.
B. Environmental concerns
Gracepoint's operation involves no hazardous materials, and no increase in pavement.
No wetland areas are located within 100 feet of the developed areas of the Property. Simply put,
Gracepoint's proposed religious uses will cause no environmental concerns.
C. Design concerns
The beauty of taking over a property that has been in continuous operation for almost 20
years, is that any design concerns have long ago been addressed, both on a practical level, and on
a regulatory basis.
D. Traffic and parking concerns
The current Legends gymnasium use, and the almost 20 years of similar athletic uses of
the property have generally shown that the layout and construction of Orchard Hill Road is
sufficient to serve the access and transportation needs of its occupants, namely the Police Station,
the AAA facility, and of course Legends. Relative to parking concerns, Gracepoint's application
does contain requested Special Permits under Section 8.1.8, more fully described below.
E. Stormwater Management
As shown on the As Built Plan,the property is serviced with catch basins with associated
leaching areas, as well as being tied into the Orchard Hill Road municipal drainage system which
flows into the Osgood Street drainage system. There are no reported problems with stormwater
management in connection with the 20 year history of the Property being utilized.
F. Landscape Concerns
Being almost 20 years old, the existing landscaping could stand some refreshing, and
GracePoint intends to do so, as depicted on the Landscape Plan.
Section 8.1.8 Off Street Parking Special Permits:
Fortunately, Gracepoint has a good record keeping system relative to Sunday morning
worship services and it's resulting parking demand. As noted previously, Sunday morning
attendance has been fairly steady at approximately 100 worshipers. The Congregation has many
large families, meaning that several families arrive in one car. On a typical Sunday morning at
Gracepoint's current location, the number of parked cars has been holding steady at 50-55 cars
on average each Sunday morning during church services.
Gracepoint will be designing its sanctuary worship area so as to be able to serve 130-150
worshipers. At the required rate contained in the zoning ordinance, each religious organization
seat is to be provided with .6 parking spaces. At 150 seats, the Zoning Bylaw would require
GracePoint to have 90 parking spaces on site.
However, the Zoning Bylaw in Section 8.8 provides the Planning Board with authority to
issue various Special Permits, if the Planning Board is satisfied with applicants demonstrating
the basis for issuing said requested special permits. Given its good relationship with AAA,
resulting in the attached Letter of Intent for supplying 40 parking spaces on Sunday morning, as
well as Gracepoint's empirical experience with its Congregation's carpooling and resulting
parking demand, GracePoint respectfully requests that the Planning Board issue the following
Special Permits relative to Gracepoint's available 72 (32+40 AAA)parking spaces:
Section 8.1.8 Off Street Parking Special Permits:
(d) Parking on a Separate Lot/Satellite Parking_
A Special Permit allowing the use of 40 parking spaces on the adjacent property located
easterly on Orchard Hill Road owned by AAA,pursuant to the written Letter of Intent issued by
AAA dated June, 2017. GracePoint requests that the planning Board issue a Special Permit
allowing GracePoint to park on the 40 parking spaces being supplied by AAA on its adjacent
Separate Lot. As grounds therefor, GracePoint respectfully submits that the parking spaces are
located in the lot immediately adjacent to the Property which GracePoint is purchasing at 25
Orchard Hill Road.
(g) Reduction in Parking
A Special Permit reducing the required number of parking spaces by 35%. This would
permit GracePoint to utilize up to 180 seats in the sanctuary worship area. The analysis would
be as follows: so that so long as GracePoint maintains its written agreement with AAA for 40
off-site Separate Lot parking spaces, those spaces combined with Gracepoint's available 32 on-
site parking spaces would equal a combined total of 72 parking spaces. If granted the 35%
reduction, the proposed 180 seats in the sanctuary worship area would normally require 108
parking spaces; applying a 35%reduction would require 70.2 parking spaces, meaning that 71
parking spaces would be required. The combined total of 72 parking spaces (32 on-site and 40
on AAA)would satisfy the 35%reduced parking space count of 71 spaces. As grounds therefor,
GracePoint respectfully submits that in Gracepoint's experience, its historical attendance records
has led to an actual parking demand which would allow a congregation,of approximately 180
members to fit within the available 72 parking spaces.
(h) Modification of Screening/Landscaping Requirements for parking areas
A Special Permit allowing the existing screening and landscaping to remain in place.
GracePoint is requesting that it only be required to "freshen up"the existing landscaping,to the
extent shown on the submitted Landscaping Plan. In support, GracePoint respectfully submits
that the visual impact presented by its proposed level of landscaping would not be unreasonable
considering the neighborhood of Orchard Hill Road.
Section 10.31 Requirements
Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve
any application for a Special Permit unless the Planning Board finds that in its judgment that all
of 5 specified conditions are met. GracePoint respectfully submits that the submitted Site Plan
and the requested Section 8.8 Off Street Parking Special Permits satisfy the required conditions
as follows:
A. The specific site is an appropriate location for such a use, structure or condition:
Under the Dover Amendment, there is virtually no location in any community that would
not qualify as a permitted site for a religious purpose. Consequently, Religious Uses are allowed
in all zones, including the Corridor Development District 3 (CDD3). GracePoint respectfully
submits that 25 Orchard Hill Road is an established commercial neighborhood anchored on
Osgood Street by the Police Department facility, and capped off by the AAA facility. Given that
Legends and its gymnasium predecessors have been operating in the neighborhood without
known incident or complaint for almost 20 years, GracePoint submits that its traditional church
uses for the Property will certainly constitute an appropriate use for the existing structure and
conditions found currently on the Property and within the neighborhood.
B. The use as developed will not adversely affect the neighborhood:
For substantially the same reasons, Gracepoint's traditional church uses on the Property
will not adversely affect the neighborhood.
C. There will be no nuisance or serious hazard to vehicles or pedestrians:
The most intense use of the property proposed by GracePoint will occur on Sunday
morning, a time when other traditional commercial and community activities are virtually
nonexistent. AAA finds it to be commercially reasonable to provide GracePoint with a written
license agreement for 40 parking spaces on the AAA property for the principal reason that AAA
is not operating on Sunday morning, and will thus not be inconvenienced by Gracepoint's
activities within the neighborhood on a Sunday morning. Likewise, the North Andover Police
Department really schedules any intensive uses for Sunday morning. Consequently,
Gracepoint's Sunday morning church services will certainly not constitute any type of nuisance
or hazard to other vehicles in the neighborhood, and there is virtually little possibility that other
non-church pedestrians would ever be on Orchard Hill Road on a Sunday morning.
D. Adequate and appropriate facilities will be provided for the proper operation of the proposed
use:
The adequate and appropriate facilities needed for the proper operation of Gracepoint's
church activities already exist on the Property, and those facilities have demonstrated their
adequacy and appropriateness for almost 20 years of continuous use by another placement
assembly, namely the gymnasium/dance school/athletic activities sufficiently represented by the
current use the property by Legends.
E. The use in harmony with the general purpose and intent of the North Andover Zoning Bylaw:
As stated in its very first Section,the general purpose and intent of the North Andover
Zoning Bylaw is as follows:
The purpose of this Bylaw is the promotion of the health, safety, convenience, morals and
welfare of the inhabitants of the Town of North Andover, as provided by Chapter 40-A of
the General Laws of the Commonwealth of Massachusetts, as amended by Chapter 808,
Acts of 1975, and as they may be further amended,by regulating and restricting the use
of land and buildings, thereby: 1. encouraging the most appropriate use of land; 2.
preventing overcrowding of land; 3. conserving the value of land and buildings; 4.
lessening congestion of traffic; 5. preventing undue concentration of population; 6.
providing adequate light and air; 7. reducing the hazards from fire and other danger; 8.
assisting in the economical provision of transportation, water, sewerage, schools,parks
and other public facilities; 9. controlling the use of bodies of water, including
watercourses; 10. reducing the probability of losses resulting from floods; and 11.
reserving and increasing the amenities of the Town.
As stated in much more detail above, GracePoint believes that locating its religious facility at 25
Orchard Hill Road would definitely be in harmony with the above stated general purpose and
intent of the Zoning Bylaw. The adaptive reuse of an existing commercial building for church
uses certainly represents an appropriate application of the general and specific land-use
principles and philosophies embodied in the Zoning Bylaw, especially item 11, reserving and
increasing the amenities of the Town.
Conclusion:
In summary,the benefits of approving Gracepoint's Site Plan and its Special Permit request are
numerous and GracePoint does not see any adverse reasons not to approve. Consequently,
Applicant respectfully requests that the planning Board determine that the Property and its
structure have sufficient features deemed appropriate for rehabilitation and conversion into the
proposed new home for GracePoint Community Church.
Respectfully submitted by
GracePoint Community Church,
by its Attorneys
Johnson&Borenstein LLC
Attorneys at Law
a A,
Robert W Lavoie, Esq.
Johnson& Borenstein LLC
12 Chestnut Street
Andover, MA 01810
978-475-4488
E-mail: bob(cre jbllclaw.com
GRACEPOINT COMMUNITY CHURCH
(Property: 25 Orchard Hill Rd.,North Andover,MA)
APPLICATION FOR SPECIAL PERMITS under SECTION 8.8
Section 8.8 Off Street Parking Special Permits:
(d) Parking on a Separate Lot/Satellite Parking:
A Special Permit allowing the use of 40 parking spaces on the adjacent property
located easterly on Orchard Hill Road owned by AAA, pursuant to a written agreement;
(g) Reduction in Parking
A Special Permit reducing the required number of parking spaces by 35%; and
(h) Modification of Screening/Landscaping Requirements
A Special Permit allowing the existing screening and landscaping to remain in
place.
GRACEPOINT COMMUNITY CHURCH
(Property: 25 Orchard Hill Rd.,North Andover,MA)
List of Attachments to accompany Special Permit—Site Plan Review Application and
Application for Special Permits under Section 8.8
• Applicant's Authorized Representative Letter
• Owner's Consent Letter and Deed
• Certified List of Abutters
• GIS Map and Assessors Card
• AAA Parking Letter of Intent for 40 Parking Spaces
• Summary of Dover Waivers Requested
• Memorandum in Support Of Application
Gracepoint Community Church
505 Sutton St.
North Andover,MA 01845
North Andover Planning Board
120 Main St.
No. Andover, MA 01845
RE: Application for GracePoint Community Church
25 Orchard Hill Rd.,North Andover, MA
Assessor Map 34—Parcel 52
To the North Andover Planning Board:
Gracepoint Community Church("Gracepoint") intends to file Applications for
Site Plan Review and for applicable Special Permits (the"Applications") with the North
Andover Planning Board in order to authorize Gracepoint's proposed redevelopment of
25 Orchard Hill Rd.,North Andover, MA (the "Property") consisting of converting the
existing 70 x 140' industrial building originally approved for and currently housing a
gymnastic facility into a conventional church facility to include worship space, general
assembly area, and general office space.
This will confirm that Robert W Lavoie, Esq. of Johnson&Borenstein LLC is
Gracepoint's attorney. Gracepoint hereby further confirms that Robert W Lavoie, Esq. is
Gracepoint's duly designated representative for all purposes in connection with the filing
and processing of these Applications. He specifically has authorization to sign the
applications on behalf of Gracepoint Community Church.
Should you have any questions require any further information,please do not
hesitate contact us.
Very truly yours,
Gracepoint Community Church
By:
Name:—, r-
Chairman, Building Committee
Orchard Hill Nominee Trust
c/o Beth Barker
1267 Osgood Street
North Andover,MA 01845
North Andover Planning Board
120 Main St.
No. Andover,MA 01845
RE: Application for GracePoint Community Church
25 Orchard Hill Rd., North Andover,MA
Assessor Map 34—Parcel 52
To the North Andover Planning Board:
As your records will reflect, Orchard Hill Nominee Trust is the record owner of
the above-referenced Property. This letter will serve as our written permission for
Gracepoint Community Church("Gracepoint")to file with the North Andover Planning
Board Applications for Site Plan Review and for applicable Special Permits in order to
authorize Gracepoint's proposed redevelopment of25 Orchard Hill Rd.,North Andover,
MA(the"Property").
Should you have any questions require any further information,please do not
hesitate contact us.
Very truly yours,
Orchard Hill Nominee Trust
By:
acne: lizabeth E Barker, Trustee
5 BK 5158 PG 19
ti
QUITCLAIM DEED
I,George R,Barker,Jr.,of 1267 Osgood Street,North Andover MA 01945,in consideration of
less than one hundred dollars($100.00)
grant with QUITCLAIM COVENANTS
to George R.Barker as Trustee of the Orchard Hill Nominee Trust,of 1267 Osgood Street,
North Andover MA 01845,the following described premises:
A certain parcel of land located in North Andover,Essex County,Massachusetts,
bounded and described as follows:
A certain parcel of land depicted as Parcel 1-2A on a plan of land entitled"Orchard Hill
Commerce Park"dated 2/19/97,revised 5113/97 and revised 5/19/97.drawn by Scott L.Giles,
R.P.L.S.and recorded in the Essex North District Registry of Deeds on 912/97 as Plan No. 13094
Pb
Subject to easements and encumbrances of record and in effect.
PROPERTY ADDRESS:25 Orchard Hill Road,North Andover MA
For title reference see Book 787 Page 251 in said Registry.No title examination performedOW 29'%pH12:12
Executed under seal this day of 1998.
Georga.Barker,Jr.
COMMONWEALTH OF MAUACHUSETTS
ESSEX,SS.On this ' day of1991B before me,personally appeared George R.
Barker,Jr.,to me know to be the person(s)descri in and who executed the foregoing 3 $
instrument,and acknowledged that he/she/they uted the s as his/her/their free act and
deed.
Colwe , otary Pub c
y Commission Expires:01/12/
ORCHARD If1LL NOMINEE TRUST
Certificate of Appointment and Acceptance of Additional Trustee
I, GEORGE R. BAR({ER., JR,, TRUSTEE OF ORCHARD HILL NOMINEE TRUST;
under Declaration of Trust dated April 1, 1998 and recorded with the Essex North District
Registry of Deeds in Book 5158, Page 190, with a mailing address of 1267 Osgood Street, North
Andover, Essex County, Massachusetts 01845 (hereinafter the"Tr,I$t") do hereby certify that by
an instrurn.ent in writing signed by I00% of the Beneficiaries of said Trust, ELIZABETH E.
BARKER, of North Andover, Massachusetts, was appointed as an additional Trustee of said
Trust to serve jointly with the current Trustee GGEORGE R. BARKER,JR.
Executed as a sealed instrument this Cday of May, 2017.
GEORGE k BARKER,JR.,TRUSTEIV
ORCHARD HILL NOlt9[ZNTE TRUST
ACCEPTANCE OF TRUSTEE
OF ORCHARD HILL NOMINEE TRUST
1,ELLZABETH E.BARKER, of North Andover,Massachusetts,hereby accept the
appointment as Trustee of ORCHARD MILL NOMINEE TRUST,under Declaration of Trust
dated April 1, 1998 and recorded with the Essex North District Registry of Deeds in Boole 5158,
Page 190.
Witness any hand and seal this 3e> day of May,2017.
EL1Z TH E. BARKER
COMMONWEALTH OF MASSACHUSETTS
Essex County, ss.
On May ,�, 2017,before me, the undersigned notary public, personally appeared GEORGE
R. BARKER, JR., TRUSTEE OF ORCHARD HILL NOMINEE TRUST (the "Principal")
and acknowledged to me that the Principal signed the preceding or attached document
voluntarily for its stated purpose. The Principal proved to me through satisfactory evidence of
identificationn that the Principall is the person whose name is signed on the preceding or attached
document. The satisfactory evidence of identification provided tome was:
❑ A current document issued by a federal or state government agency bearing the
photographic image of the Principal's face and signature; or
On oath or affirmation of a credible witness unaffected by the doe-a meat or transaction
who is personally known to the notary public and who personally knows the Principal; or
Identification of the Principal based on the notary public's personal knowledge of the
identity of the Principal;or
The following evidence of identification:_
Notary Public �1
:printed Name: �� q
My Commission Expires 1) 1,;,. ,
Isegij
` PATAICIA S SIFF
1 IV(STg41Y�6UC
�j jy Comm.SxpiresAss�'���Q�
COMMONWEALTR OF MASSAC USETTS
1 , z� County
On May �, 2017, before me, the undersigned notary public, personally appeared
ELIZABETH E.BARKER(the "Principal.")and acknowledged to me that the Principal signed
the preceding or attached document voluntarily.for its stated purpose. The Principal proved to
me through satisfactory evidence of identification that the Principal is the person whose name is
signed on the preceding or attached document. The satisfactory evidence of identification
provided to me was:
❑ A current document issued by a federal or state government agency bearing the
photographic image of the Principal's face and signature; or
❑ On oath or affirmation of a credible witness unaffected by the document or transaction
who is personally known to the notary public and who personally knows the Principal; or
1K Identification of the Principal based on the notary public's personal knowledge of the
identity of the Principal; or
❑ The following evidence of identification:
Notary Pulsli�
Printed Name:` ���jMy
Coxnnnission E
�^ PAIRICIAE.S1Fk�i6r�
NOTARY PU8W '
'-70M ONWEAM OF,RS.SACH�i FM
'3yComm.E,ptsep.NOV:,3 2017
Town of North Andover, MA April 18, 2017
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Property Information
Property 034.0-0052-0000.0
ID
Location 25 ORCHARD HILL ROAD
Owner BARKER,GEORGE R,JR.
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of North Andover, MA makes no claims and
no warranties, expressed or implied, concerning
the validity or accuracy of the GIS data presented
on this map.
mmercial Property Record Card
Parcel ID: 210/034.0-0052-0000.0 �MA034-0 BLOCK: 0052 � LOT: 0000.0 Parcel Ad s- 25 ORCHARD HILL R FY: 2017
PARCEL INFORMATION we 376 Safe Price: 100 Book:, Type: T Inspect Date: 06/06/2006
Owner: Tax Class: T Sale Date: 02127/2002 Page: Rd Condition: P Meas Date: 06/06/2006
BARKER,GEORGE R,JR. Tot Fin Area; 12600 Sale Type: fl ', Cerf/Doc: Tratfc. M Entrance:, C
Address: Tot Land Area: 1.840 Sale Valid: A Water: Collect Id: RRC
1267 OSGOOD STREET Sewer: Gran#or. GEORG£R BARKER,JR. 'Sewer: Inspect Rees R
NORTH ANDOVER MA 01845 Exempt-B/L% 0/0 Resid-B/L% 0/0 Comm-B/L% 1001100 Indust-B/L% 0/0 Open Sp-B/L% 010
COMMERCIAL SECTIONS/GROUPS LAND INFORMATION
Section: ID:101 Use-Code:376 NBHD CODE: 34 NBHD CLASS: 4 ZONE: 11
Category Grnd Ft- Story Height Bldg Class Yr-Built Etf-Yr Built Cost Bldg Seg Type Code Method ` Sq-Ft Acres Inf1u-Y/N Value Class`
Area 1 P 440 S 43560 1.000 N 182,952
3 7000 1.0 S 1997 1987 524100
2 R 440 A 36590 0.840 N _ 8,400
Groups: DETACHED STRUCTURE INFORMATION
Id Cd B-FL-A Firs Firs Str Unit Msr-1 Msr 2 11 E-YR-81t Grade Cond %Good p1F/E/R Cost
Class
1 376 7000 1 0 AS S 16540 1997 G G ///90 42,700 3
LI C 5 1997 G G ///90 9,700 3
Section: ID:102 Use-Code:376
VALUATION INFORMATION
Category Gmd-FI- Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg
Area Current Total: 820,800 Bldg: 646,900 Land: 173,900 MktLnd: 173,900
4 2800 2.0 S 1997 1987 232800 Prior Total: 867,600 Bldg: 676,200 Land: 191,400 MktLnd: 191,400
Groups:
Id Cd B-FL-A Firs Firs
1 376 2800 2 0
Sketch Photo
GracePoint Parking: Parking License Agreement with AAA for 40 Spaces
From: Buhl,Jr., Peter[mai Ito:P Buhl @aaanortheast.comj
Sent: Friday,June 30,2017 9:00 AM
To: 'Ryan Phelps'<ryan@gracepointne.org>
Cc:Tim Adler<tadler@kettlecuisine.com>
Subject: RE: URGENT:AAA North Andover Parking Request
Ryan,
Good morning.AAA would like to offer you and your parishioners 40 parking spaces on Sunday's between
8:00 AM and 12:00 PM at our building next door,located at 49 Orchard Hill Road, North Andover, MA. I
have our Legal Department drafting a short License Agreement/Lease that will identify the following:
• Lease Rate:$1,00
• Parking Rules and Regulations
• COI (Certificate of Insurance)that the Church will have to take out on the parking lot,naming AAA
Northeast as additionally insured
• Standard Indemnification Clause
As soon as I get the draft Agreement back from our Legal Department I will forward to you for review and
consideration. In the meantime, please let me know if you have any questions or need anything else.
Regards.
Peter
Peter .S.Buhl,Jr. G Manager-Real Estate Planning
AAA Northeast 1 110 Royal Little Drive I Providence,RI 02904-1860
T:401-868-2000 x2218 I F:401-868-2013
pbuhljr(ci�aaanortheast.com I AAA.com
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