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HomeMy WebLinkAboutVariance Application - Application - 530 TURNPIKE STREET 4/15/2021 W w TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Town Clerk Time Stamp NAME:John F. McGarry, Trustee of Pico Trust ADDRESS OF APPEAL:510-530 Turnpike Street Procedure & Requirements for an Application for a Variance Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant submitted thirty 3�0)days prior to the first public hearing, for a hearing date and prepares the legal notice for mailing to Failure to subnut the required information within the time the parties in interest(abutters)and for publication in the periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has Board of an application as incomplete. been prepared and the cost of the Party in Interest fee. The information herein is an abstract of more specific requirements listed in the Zoning Board Rules and STEP 7:DELIVERY OF LEGAL NOTICE TO Regulations and is not meant to supersede them. The NEWSPAPER: petitioner will coLn lete items that are underlined. The petitioner picks up the legal notice from the Office of the Zoning Board of Appeals and delivers the legal notice to the STEP 1:ADMINISTRATOR PERMIT DENIAL: local newspaper for publication. The petitioner applies for a Building Permit and receives a Zoning Bylaw Denial form completed by the Building STEP 8:PUBLIC HEARING BEFORE THE ZONING Commissioner, BOARD OF APPEALS: The petitioner should appear on his/her behalf,or be STEP 2:VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the of Appeals for a Variance. All information shall be completed. Board shall decide on the matter by using the information it has received to date. STEP 3: PLAN PREPARATION: Petitioner submits all of the required plan information as cited STEP 9:DECISION: in page 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision will be filed in the Office of the Town Clerk and sent to the STEP 4:OBTAIN LIST OF PARTIES IN INTEREST: petitioner and all Panties in Interest,Any appeal of the Board's The Petitioner requests the Assessor's Office to compile a decision may be made pursuant to Massachusetts General Law certified list of Parties in Interest(abutters). ch.40A, § 17,within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and eleven(11)copies of all STEP 10:RECORDING THE DECISION AND THE required information to the Town Clerk's Office to be certified PLANS, by the Town Clerk with the time and date of filing. The The petitioner is responsible for recording certification of the original shall be submitted to the Town Clerk's Office,and the decision,and any accompanying plans at the Essex County, l I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; 1 Union Street,Lawrence MA 01840 secretary, and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building STEP 6: SCHEDULING OF HEARING AND Department. PREPARATION OF LEGAL NOTICE: �rk�xdt�vYaFoFicotk�ie$ek*�tra1$e$ric��teFaE9c'lckxsiieiraF:k*�eF��*9ci�'eFic�rFie��rie�'exa'rfts�ekKk:e�xac�s4ieiks�49esi*kx49e�s4eF�irk�ieieek IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services 978-688-9501 Town Clerk's Office Noah Andover Town Hall 978-688-9566 Assessor's Office 120 Main Street North Andover,MA 01845 978-688-9542 Fax for Community Development offices 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM PETITIONER INFORMATION NAME: Pico Trust(John F. McGarry, Trustee) ADDRESS: Attn: Matt McGarry,401 Andover Street, North Andover, MA 01845 PHONE: 978-697-3454 EMAIL: matt@mcgarrymgt.com If the petitioner andlor property owner is a company,corporation or other entity,a list of the naines and addresses of the principals,officers and/or managers nnrst be attached to this form SUBJECT PROPERTY INFORMATION LOCATION OF PROPERTY: 510-530 Turnpike Street, North Andover, MA ZONING DISTRICT: General Business ASSESSORS PROPERTY MAP NO.: 25 , LOT NO.: 64 OWNER OF RECORD: Pico Trust(John F. McGarry, Trustee) DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT: BOOK: 2378 PAGE 89 OR CERTIFICATE NO.: RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter,etc.): Owner CURRENT USE: Office(510 Turnpike)and vacant building (530 Turnpike Street) PROPOSED USE: Office(510 Turnpike) and TBD (530 Turnpike Street) PREVIOUS VARIANCE GRANTED: YES X NO DECISION NO,/DATE:2003-007; Feb. 11, 2003 OTHER REGULATORY REVIEW: YES X NO IF YES,DESCRIBE STATUS: A site plan special permit was granted by Planning Board on February 18, 2003. It is anticipated that Eca[ono exis ing pprovabe recluffLad, but determinationmade by Building Inspector upon identification of use/tenant as further described in memo submitted with application. EXISTING CONDITIONS DESCRIPTION: Ifie properly.consists of a single lot containing 88,602 s.f. of land with two buildings, numbered aq 510 Turnpike Street(18,764 s.f. office building) and 530 Turnpike Street(14,640 s.f. building). 530 Turnpike Sheet is piesenfly vacant but waos previously ocCup I V-U-1by multiple tul 01 Ito VVII.1i Salern Five Bank locat d in the front of the building and with the Fitness For You health club located in the rear. Page 2 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE PROPOSAL DESCRIPTION 1. Briefly describe all proposed changes to the structure(s) and/or use(s): ,T eire are.,no-pmp.oaed-cbangesAo-tlae-ztr.uctures-Applicanti,s,see,king.tcramend.existing variance,.to eliminate W-amen'd�.. use restrictions that were imposed upon the site as a condition in the existing 2003 variance. More specifically, the 2003 variance-included-a-eondition-that"No•portion-of-510-or-53O Turnpike~Street°to-be-used-for restaurant;or any-lbod,ielated-- retail business or fast food outlet; and no portion of 510 Turnpike Street to be used for medical doctor, dentist, or other 2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition: .§195 Attach ont 3_-.Tabte,2;.Smm ar!_o# (P-ruing,wAin..-50.fo-ot-buffer-W—R ute..._. 114.) 495=-8:5--©esi n-Standard . Minimurr»isle6dimensions#or arkin lots: §195- 10.8. Variances and appeals. 3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance dimensional requirements and proposed dimensional conditions: .13y-vir ot.existing.2QGa-cariance tbe.property-bas obta,ined-r.eliref.fmm-/ben-applamble-parlcings..etbacL- nd_-drive—aisle—w width requirements. As a condition of the 2003 variance, additional use restrictions were imposed upon the property making°the possibte-use-oftheTroperty more-restrictive-than-otherwise altowed-under-the-Zoning-Sylaw:Applicant-isr-°—-�- simply seeking to eliminate such additional use restrictions to allow for availability of all otherwise permissible uses of the property as areurre cntly e [n availabl the General Business zone. N`o aclditiona rlLel-ief sswbi;ing sought from Noorth'Andover �oning�yJau►�:� .,.��:.._��a-.��._ 4. Identify and describe all plans and supporting documents being submitted with this variance petition: �i�t���Cari�cer��0�.�1�r-sz�re�I�ate.Blen,s20D.0=�i1�.PIaAApproatal.,2Q,Q3..�a�ri�►�e.�9pRt�a�isa�.,Mea�fr��i(�ort�t.�.u:�_ _, Modification/Amendment of Existing Variance Page 3 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE SUPPORTING STATEMENT EACH OF FOLLOff"ING REQUIRE AIENTS FOR A VARIANCE MUST BE ESTABLISHED AND SET FORTH IN COAIPLETE DETAIL BY T HEAPPLICANT INACCORDANCE ifITH G.L. C 40A,§10. 1.Describe the special circumstances related to soil conditions, the shape or the topography of the land or structure that are unique to the parcel: 1 1�aria a�ia� slY Rptu�cer ut 3 #� tigi�al�D .3 riance„a —which his 2. Specify how the circumstances do not generally affect other properties in the zoning district: ..WA Variance pr,eviQu—sl aPPf-amedja ZQ03,-f3uLsea_migina:,2GQ3-vaEianee.applicafion. hick is, 3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial hardship to the owner: -N/A,.Va riance.prauio ly approy,ed=ire.2_t.0-3.-l3 d.a erougiriat.2Qt variance app)icaUron-which.is-incarporated..berein._-.. -. . . 4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use of the land or structure: l/A--Varianc,e,,preuiouslr.appmv din2Qt3 u#,s.a cnlghat..2QQ3-variance-applicator-which.is oWsaatedhereirn,Not-- seeking any change to land or structure. Only seeking to be allowed same uses as other abutting properties in zone are -permitted-to conduct-- 5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the North Andover Zoning Bylaw: Page 4 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE .,NM uau ..pr..euio. sly-appwved n,20-IJ3.ut...see.original20O3-miance-applicatiQn-whicb.is:inc,,orporated-herein...-- ... . . Modification sought is to allow for"by right" uses as are permissible in the zone, subject to compliance with Zoning Bylaw. 6. Describe the impact on the neighborhood and bow it will not be detrimental to the neighborhood or the public welfare: VA.Varianc.e:preuio"Y appmved in..2003-But_we-original.2GGa-eariaraoeapplication.wbich is-incorporated..herein.. ..«....a_. Further, note that modification sought is to simply allow for"by right' uses as are permissible in the zone, subject otherwise to compliance-with--Zoning-Bylaw. 7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current Zoning Bylaw Requirements. (Lines A and B in case of a lot split) Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear LA• NIA NIA NIA % NIA NIA 50 NIA NIA NIA B. % 7B. Existing Lot: Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 88,602 NIA 25.62 % 335.63 124 50+1- 25+ 25 58 X. Proposed Lot(s): Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 88,602 NIA 25.62 % 335.53 124 50+/- 25+ 25 58 % 7D. Required Lot: (As required by Zoning Bylaw&Table 2) Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Fi. Coverage Feet Spaces Front Side A Side B Rear 25,000 NIA 35 % 125 114 251100 25 25 35 Page 5 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 8A. Existing Buiiding(s): Ground Floor Sq. Number of Total Sq. Number Ft. Floors Height Ft. Use ofBuilding* of Units* 9,384 2 <45 18,764 Office 13,320 1 f mezz. <45 14,640 Vacant *References Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8B. Proposed Building(s): Ground Floor Sq. Number of Total Sq. Number Ft. Floors Height Ft. Use of Building* of Units* 9,384 2 <45 18,764 Office 13,320 1 + mezz. <45 14,640 TBD *References Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE (Signatures ofPeritioner(s)are required) I am (we are)the owner(s) of the property subject to this variance petition and I (we) consent and certify as follows: 1. I (we) grant permission for officials and employees of the Town of North Andover to access my property for the purposes of this petition; 2. 1 (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the completeness of my(our)petition; 3. 1 (we) certify that all the statements within this application and attachments are true and accurate to the best of my ( ur) knowledge and belief. X (Petitioner na (Date) X (Petitioner Signature) (Date) If Applicable: Name of Attorney/Agent for Applicant:Brian G.Vaughan, Esq., Smolak&Vaughan LLP Address of Attorney/Agent:21 High Street, Suite 301, North Andover, MA 01845 Phone Number of Attorney/Agent:978-327-5217 Email Address of Attorney/Agent: bvaughan@smolakvaughan.com Page 6 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 9. PLAN OF LAND 6. Names addresses and phone Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or be accompanied by the following described plan. record,and land surveyor. Plans must be submitted with this application to the 7. Locus Town Clerk's Office and the ZBA secretary at least thirty(30)days prior to the public hearing before the 9. D. Minor Project Zoning Board of Appeals. Minor projects,such as decks,sheds,and garages,shall require only the plan information A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases Architect may be required when the application further information may be required. involves new construction/conversion/and/or a proposed change in use. 10. APPLICATION FILING FEES 10.A. Notification fees:Applicant shall provide 9.A. Major Projects a check or money order to:"Town of North Major Projects are those,which involve one of the Andover"for the cost of first class,certified, following whether existing or proposed: return receipt x#of all parties in interest 1). Five(5)or more parking spaces, identified in M.G.L ch.40A§I I on abutters list 11). Three(3)or more dwelling units, for the Iegal notice check. Also,the applicant Ili).2,000 square feet of building area. shall supply first class postage stamps for each Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an &9C feature,that the plans show detailed utilities, additional two(2)for the decision mailing. soils,and topographic information. 10.B. Mailing labels: Applicant shall provide *9. B. Plan Specifications: four 94)sets of mailing labels no larger than 1). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and a plan not to exceed I 1"x17", one(1)copy for the Decision mailing). preferred scale of 1"=40' 11). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or certified by a Registered Professional money order to:"Town of North Andover"per Land Surveyor. Please note that plans the 2005 Revised Fee Schedule. by a Registered Professional Engineer. Registered Architect,and/or a ► A Variance once granted by the ZBA will Registered Landscape Architect may lapse in one(1)year if not exercised and a new be required for Major Projects. petition must be submitted *9. C. *Required Features On Plan. I). Site Orientation shall include: I. North point 2. Zoning district(s) 3. Names of streets 4. Wetlands(if applicable) 5. Abutters of property,within 300' radius 6. Locations of buildings on adjacent properties within 50' from applicants proposed structure 7. deed restrictions,easements. H). Legend&Graphic Aids shall include: I. Proposed features in solid lines& outlined in red 2. Existing features to be removed in dashed lines 3. Graphic scales 4. Date of Plan 5. Title of Plan Page 7 of 7 I,John F. McGarry,Trustee of Pico Trust, hereby certify that the following are designated officers, representatives,beneficiaries and/or agents of the Applicant, Pico Trust: 1. Name: John F. McGarry Address: 401 Andover Street, North Andover, MA 01845 Phone: 978-375-4717 2. Name: Matt McGarry Address: 401 Andover Street, North Andover, MA 01845 Phone: 978-697-3454 Dated; April 15,2021 OWNER/APPLICANT: John F. OcGarry, rustee of Pico Trust {00193848;v1} OWNER AUTHORIZATION AND CERTIFICATION 510-530 Turnpike Street North Andover, MA (Map 25, Parcel 64) 1,John F. McGarry, Trustee of Pico Trust, am the record owner of the real property known and numbered as 51.0-530 Turnpike Street, North Andover, Massachusetts 01845, by virtue of a deed recorded with Essex County Northern District Registry of Deeds at Book 2378, Page 89 (the "Property"). As the record owner of the Property, please note that I hereby authorize Smolak &Vaughan LLP to submit any and all applications and supporting information for any permits, authorizations or approvals in for the Property, including without limitation, any submissions with the Planning Board, Zoning Board of Appeals and/or Building Department of the Town of North Andover, Massachusetts, in connection with pursuit, negotiation, obtaining, amending or modifying any special permit(s), variance(s), or any other permits, approvals, or consents necessary for or related to the Property and its use. Further, I hereby certify that the following are designated officers, representatives,beneficiaries and or agents of the Applicant, Pico Trust: Dated: April 15,2021 OWNER: John F. Mc arry, see of Pico Trust {00193898;v1}