HomeMy WebLinkAboutMemo Supporting Variance Application - Correspondence - 530 TURNPIKE STREET 4/15/2021 TOWN OF NORTH ANDOVER
ZONING BOARD OF APPEALS
APPLICANT: PICO TRUST
PROPERTY: 510-530 TURNPIKE STREET
(Assessors Map 25, Lot 64)
MEMORANDUM IN SUPPORT OF PETITION
TO AMEND EXISTING VARIANCES
I. INTRODUCTION
John F. McGarry, as Trustee of Pico Trust (the "Applicant") is requesting the
North Andover Zoning Board of Appeals (the "ZBA") to amend existing dimensional
variances for 510-530 Turnpike Street (the "Property") as granted by the ZBA to the
Applicant, by Decisions granted February 11,2003 with reference to Petition 2003-007,
and as corrected by a Memorandum of the ZBA, dated June 16, 2003 (collectively, the
"2003 ZBA Decision"'), recorded at Book 7819,Page 97 and at Book 7917, Page 145,
respectively. Copies of the 2003 ZBA Decision together with the Variance Application
pursuant to which it was granted are attached as Exhibit A. The 2003 ZBA Decision was
granted with respect to parking lot design standards under the North Andover Zoning
Bylaw (the "Zoning Bylaw"), including variances for front parking and landscape
buffer setbacks and for driveway aisle widths as are existing at the Property.
There are no proposed alterations to the Property being proposed at present.
Rather, a modification to the 2003 ZBA Decision is being requested solely to eliminate
and/or amend certain use restrictions and limitations that were imposed upon the
Property, in addition to use restrictions as set forth in the Zoning Bylaw, as a condition
of the 2003 Decision. The applicant respectfully requests that the use conditions be
eliminated so as to allow the Applicant to effectively market and use the vacant
building for uses which are otherwise permitted by the Zoning Bylaw in the zone.
The Property is owned by the Applicant, Pico Trust,who purchased the site from
CSN Corporation in 1986, as is evidenced by the deed recorded with the Essex North
Registry of Deeds at Book 2378, Page 89. A copy of the Deed is included with the
application.
The Property is designated on the Town of North Andover Assessor's Maps as
Map 25, Lot 64 and is located within the General Business (GB) Zoning District as
defined under the Zoning Bylaw. The Property is known and numbered as 510 and 530
Turnpike Street, consisting of a single lot of approximately 88,602 s.f. in size, with two
existing buildings, including 510 Turnpike Street (being an 18,764 s.f. two story office
building) and 530 Turnpike Street(being a currently vacant 14,640 s.f. building.)
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Although currently vacant, 530 Turnpike Street was formerly occupied by both Salem
Five Bank and by the Fitness For You health club. A site plan which was approved by
both the ZBA and Planning Board in 2003, depicts the existing buildings and conditions
at the Property, and is included with the filing and is attached as Exhibit B. Also
included is a copy of the 2003 Site Plan Special Permit as was granted for the Property
by the Planning Board, and which is attached as Exhibit C.
II. SITE HISTORY AND BACKGROUND
The buildings on the Property were constructed prior to the Applicant's
ownership, with 510 Turnpike Street constructed circa 1968 and 530 Turnpike Street
constructed circa 1969, as per the North Andover Assessor's records. Certain site plan
changes and parking improvements were later approved and completed, as noted
above, following issuance of the 2003 ZBA Decision and the 2003 Site Plan Special
Permit. In 2003, the Building Inspector at the time made a determination that certain
variances were required as part of a parking reconfiguration related to proposed new
uses in the existing buildings at the Property. Accordingly, the ZBA granted two
variances at the time which allowed: (i) for 11.5 foot width of one way aisle along the
right (southeast) side of 530 Turnpike Street where a 25-foot width was then required,
and (ii) a 39.5 foot landscaped buffer along Route 114 where 50 feet of a landscaped
buffer is required. At that time, in 2003, the ZBA allowed for 127 parking spaces,
including the use of 25 off-site parking spaces which were secured by a recorded
easement agreement with an abutting property owner as permitted under zoning
provisions in 2003. Based upon the then current uses of the Property and a high
demand on parking under then current zoning requirements for the Property, the 2003
ZBA Decision was issued subject to the condition that"No portion of 510 Turnpike or
530 Turnpike Street to be used for restaurant, or any food-related retail business or fast
food outlet; and no portion of 510 Turnpike Street to be used for medical doctor, dentist,
or other heath care practitioner's office." In addition to the use restriction imposed by
the 2003 ZBA Decision, it should be noted that the 2003 Site Plan Special Permit as was
granted by the Planning Board also contains a special condition that provides that"No
portion of the premises may be used for a restaurant or any other food related retail or
preparation business or a convenience store as there would not be adequate parking."
In 2008, the parking provisions of the Zoning Bylaw were amended at the
Annual Town Meeting and provided for a completely new set of parking requirements
than previously existed, including: (i) new parking requirements for a bank with a
drive-through facility; (ii) a slight reduction in parking requirements for office uses; and
(iii) a new parking designation for health clubs/fitness centers. The net effect of these
changes was that the total number of required parking spaces based upon the then
current uses was reduced from 127 spaces to 114 spaces. And thereafter, in 2010, a
minor modification was made to the Property to add a drive-thru lane to the Salem Five
Bank, which displaced three (3) of the parking spaces (ie,spaces 116, 117 and 118 as
were shown on the 2003 Site Plan.) These changes were made upon issuance of
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necessary approvals with a determination from both the then Town Planner and
Building Commissioner that no site plan review or parking relief was required under
the Zoning Bylaw. An updated site plan depicting the drive-thru with the displaced
parking spaces is also attached as Exhibit D.
At present, 510 Turnpike Street remains occupied with multiple office tenants.
But 530 Turnpike Street is and has remained vacant subsequent to the relocation of
Salem Five Bank to the adjacent Crossroads Plaza and cessation of the gym business at
the Property. Despite continuous extensive marketing efforts, the Applicant has been
unable to locate another bank or other compatible uses for the Property to fill vacant
spaces at the site. In light of the Covid pandemic it has been increasingly difficult to
attract tenants to the property due to closures and increased pressures on small
business and, in particular, gyms. There have been a number of parties that have voiced
interest in the site, but for whom a critical component of their business would involve
food related operations. By way of example, there is one party with whom the
Applicant has had continuing discussions, and who is interested in possibly siting an
amusement facility (virtual golf operation) at the Property,but the proposed use would
require a food and drink service as a critical component of the business operation. Due
to the use restrictions imposed by the conditions in the 2003 ZBA Decision and 2003 Site
Plan Special Permit, the Applicant is unable to more broadly market the site.
III. REQUESTED RELIEF
The Applicant respectfully requests the ZBA to amend/modify the 2003 ZBA
Decision to strike and eliminate the condition therein which provides that "No portion
of 510 Turnpike or 530 Turnpike Street to be used for restaurant, or any food-related
retail business or fast food outlet; and no portion of 510 Turnpike Street to be used for
medical doctor, dentist, or other heath care practitioner's office."
The request under this Petition is to enable the Applicant to effectively market
the Property for uses that are otherwise consistent and comply with the use
requirements for the General Business zone, in order that the Property might be used
for permissible uses within the zone that other adjacent parcels in the zone are also
permitted for and without a further restriction on use of this Property than other
similarly situated Properties that puts the Applicant at an unfair and competitive
disadvantage in marketing and negotiations and which will cause delay or further
expense for prospective tenants. The Applicant notes that although the ZBA may be
approving elimination of the use restriction without knowledge of the intended
replacement use, there are other controls and protections to mitigate risk including the
following: (i)first and foremost, any use will still necessarily be an allowable use in the
zone, (ii) regardless of the possible elimination of the condition in the 2003 ZBA
Decision by the ZBA, the Applicant will nonetheless remain subject to the special
condition and use restriction as set forth in the 2003 Site Plan Special Permit, and will
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need to obtain a modification of the site plan special permit should uses Iimited by the
special conditions therein (which are in part more restrictive) be implicated, and (iii)
the Applicant will also nonetheless remain subject to §195-8.11,A.3, which would in
essence provide a control for the building inspector to review proposed uses and
require further site plan review for any new use in the existing structure that will result
in the need for 5 or more additional parking spaces. In addition, it is noted that stated
concerns in limiting the property uses when the 2003 variances were issued were
related to parking constraints, but as noted above,certain parking requirements were
reduced in connection with the 2008 zoning amendment. Should a use be requested that
the building inspector deems requires additional parking spaces, then the request
would be subject to denial and need for approval by the planning board and/or by
further parking variance.
Sections §195-10.8 of the Zoning Bylaws authorize the Board to grant variances in
accordance with Section 10 of MGL c. 40A. Specifically, Section 10 of Chapter 40A
provides that variances may be granted by the Board where,
... owing to circumstances relating to the soil conditions, shape, or
topography of such land or structures and especially affecting such land
or structures but not affecting generally the zoning district in which it is
located, a literal enforcement of the provisions of the ordinance or by-law
would involve substantial hardship, financial or otherwise, to the
petitioner or appellant, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of such ordinance or
by-law...
M.G.L. c.40A,Section 10.
The ZBA in 2003 determined that the existing variances satisfied all criteria and
standards for the requested variance. Reference is made to the 2003 filing which is
incorporated herein. There are no changes sought to the existing lot and structures nor
to the dimensional variances as were previously granted, with the exception of the use
provision.
Accordingly, the Applicant states that the requested relief meets the
requirements of Section 10 of M.G.L. c. 40A and the Zoning Bylaw, and incorporates the
basis for variance relief contained within its original Application filed in connection
with the 2003 ZBA Decision.
For the reasons stated above, the Applicant respectfully requests the ZBA to vote
to amend the variance to delete and eliminate the use restriction as described herein, or
to grant such other or further relief as the ZBA may deem appropriate.
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IV. BASIS FOR VARIANCE
The AppIicant's proposed variances meet all of the conditions for granting of a
variance, including as follows;
1. There are circumstances relating to soil conditions, shape, or topography of the
Iand or structures and especially affecting such land or structures but not
affecting generally the zoning district in which the property is located.
2. As a result of the circumstances described above which affect the property but do
not affect the zoning district in general, a literal enforcement of the dimensional
requirements of the Zoning Bylaw will involve substantial hardship, financial or
otherwise, to the Applicant.
3. The relief sought will be desirable and without substantial detriment to the
public good without nullifying or substantially derogating from the intent or
purpose of the Zoning Bylaw.
Accordingly,for the reasons stated above, and others that will be presented at
the hearing,the Applicant respectfully requests the ZBA to amend the requested
variances as requested.
Respectfully submitted,
Pico Trust
By its attorney—
Brian G. Vau an, Esq.
Smolak & Va an LLP
21 High Street, uite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5217
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EXHIBIT A
2003 ZBA Decision together with the Variance Application
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Torn of North Andover ppRTy
i c tOpAsi#the Zoning Board old Appeals
Cdh%ffifiiW DeveIopment-and Services Division -
NORTH A-1400y R 27 Charles Street
orth Andover,Massachusetts 01845 ?ss.�ct+s�sE
1093 FED 2 U P 42 Telephone(978)688-9541
D.Robert Nieetta Fa (978)688.9542
Building Commissioner
This is to certify that twenty(2€1)days
have elapsed from date of deeWon,tlled
without filing of an a� a0:3
17&t9
Any appeal shall be filed Notice of Decision dayao A�8radshaw
within(20)days after the Year 2003 TO"Clittlt
date of filing of this notice
in the office of the Town Clerk. Pro at: 510-530 Tui n Ike Street
NAME: Join F.McGarry,401 Andover Street, "MARMG(S): February 11,2003
Trustee for Pico Trust
ADDRESS: for prqnises at:510-530 Turnpike Street PETITION: 2003-007
North Andover MA 01845 TYPING DATE:February 18,2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at
7;30 PM upon the application of John F.McGarry,401 Andover Street,trustee for Pico Trust,
for premises at:$10-530 Turnpike Street,North Andover requesting a Variance from Section 8,
Paragraph 8.1(7),for relief from the requirements of off-street parking,and Table 2,footnote l
from requirements of a street buffer zone for property with frontage on the Northeast sldWV 21`03 PMT 09
Turnpike Street within the GB zoning district.
The following members werapresemt: Walter F. Soule,Robert P.Ford,Ellen P.McIntyre,and
George M.Earley. John M.Patlone recused himself
Upon a motion by Robert P.Ford and?d by Ellen P.McIntyre,the Board voted to COL&NT the
Variance for relief from.Section $,Paragraph 8.. of 1 i.5'width for the one way driveway on
the southeast side of 530 Turnpike Street,and froip-Table 2,.Footnote I of 39.5'for a landscape
buffer to match the setback on adjacertt propeaties per Parking Plan of Property located at:SIU&
530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R.A.#4496,Landry
Architects,389 Main St.2°4 Floor,Salem,NH 03079 and Philip 4.Christiansen,C.E.-428895,
Christiansen&Segi 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on condition that:
(1)space 115 be eliminated and painted with"No Parking"(2)No portion of either 510 or 530
Turnpike to be used for medical doctor,dentist,or other health care practitioner's office,
restaurant,or any food-related retail buwiness or fast food outlet(3)ploughed snow will not use
any parking spaces or block any traffic aisles and excess amounts of snow will be trucked away. �
otde,Robert P.Ford,Ellen P.McIntyre,and George M.Earley.
Voting in favor: Walter F.
The Board finds that the applicant's Grant of Easement by PBJ Development Corporation granting
to Pico Trust,recorded at the Essex Registry of Deeds North District Book 4364,Page 308,the
rightand easement to park vehicles in the south west portion of the Grantor's parcel,spaces 1
through 25,satisfies the requirements of Section 8,Paragraph 8.1.1;for 127 parking spaces and
that the granting of this Variance will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw and that-the applicant has satisfied the provisions of
Section 9,Paragraph 8.1.7,and Table 2,Footnote I of the Zoning Bylaw and that such-change,
extension or alteration shall not be substantially more detrimental than the existing parking lot.
A True Coin
Page I of 2 `
`t'vwri C�erl;
Board of Appeals 688-9541 Building 688.9545 Conservation 688-9530 Health 688.954D Planning 688-9535
E1FF'' 7819,fL.. PG 98
Town of North Andover.
Office of the Zoning Board of Appeals �-
Community Development and Services Division 4491
27 Charles Street
North Andover,Massachusetts M845 1a�ncrw��
U. Robert Nicetta Telephone(978)688-954I
Fax(978)688-9542
Building Commissioner
l:urthemore,if the rights authorized by the Variance are not exercised within one(1).year of the
date of the grant,it shall lapse,and may be.re-established only after notice,and a new hearing.
Furthermore,if a Special Permit granted under the provisions contained herein shall be deemed to
have lapsed after a two(2)year period firoea the date on which the Special Permit was granted
unless substantial use or construction has commenced,it shall lapse and may be re-established
only after notice,and a new hearing.
Town of North Andover
Board of Appeals,
Walter P. Soule,Vice Chairman
Decision 2003-007
Page 2 of 2
Hoard of Appeals 688-9541 Building 688-9545 Conservation 688.953o Hcaltli 688.9540 Planiing 688-9535
EjK 7917 PG 145
Town of North Andover or�',Mo ar i}ypD'
Office of the zoning Board of Appeals
:-Community Development and Services Division � y
27 Charles Street �4•+""x"'r`�r
North Andover, Massachusetts W845 �ssn'cI,u
D. obertICctta Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Any appeal shall be filed Notice of Decision JUN 17'03 AN10:12
within(20)days after the Year 2003
date of filing of this notice
In the office of the Town Clerk. Pro ert at: 510-530 Turn ike Street—Corrected Copy
NAME: Sohn F.McGarry,401 Andover Street, HEARiNG(S): February 11,2003
Trustee for Pico Trust
ADDRESS: for premises at: $10-530 Turnpike Street PETITION: 2003-007
North Andover,MA 01845 TYPING DATE:February 18,2003
The North Andover Board of Appeals held a public hearing at its regular meeting on Tuesday,at
7:30 PM upon the application of John F.McGarry,401 Andover Street,trustee for Pico Trust,
for premises at:510-530 Turnpike Street,North Andover requesting a Variance from Section 8,
Paragraph 8.1(7), for relief from the requirements of off-street parking;and Table 2, footnote I
from requirements of a street buffer zone for property with frontage on the Northeast side of
Turnpike Street within the GB zoning district.
The following members were present: Walter F. Soule,Robert P.Hord,Ellen P. McIntyre,and
George M. Earley. John M. Pallone recused himself 71�
Upon a motion by Robert P. Ford and 2°d by Ellen P. McIntyre,the Board voted to GRANT the
Variance for relief from Section 8,Paragraph 8.1(7)of 11.5'width for the one way driveway on
the southeast side of 530 Turnpike Street,and from Table 2,Footnote I of 39.5' for a landscape
buffer to match the setback on adjacent properties per Parking Plan of Property located at: 510&
530 Turnpike Street,North Andover,MA by Richard Ernest Landry,R.A.##4496, Landry
Architects,389 Main St.2"d Floor,Salem,NI-I 03079 and Philip G. Christiansen,C. E. #28895,
Christiansen& Segi, 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on condition that:
(1)space 115 be eliminated and painted with"No Parking"(2)No portion of 510 or 530
Turnpike Street to be used for restaurant,or any food-related retail business or fast food
outlet; and no portion of 510 Turnpike Street to be used for medical doctor,deatlst,or other
health care practitioner's office(3)ploughed snow will not use any parking spaces or block any
traffic aisles and excess amounts of snow will be trucked away. Voting in favor: Walter F. Soule,
Robert P. Ford, Ellen P. McIntyre,and George M.Earley.
The Board finds that the applicant's Grant of Easement by PBJ Development Corporation granting
to Pico Trust,recorded at the Essex Registry of Deeds North District Book 4364,Page 308,the
right and easement to park vehicles in the south west portion of the Grantor's parcel,spaces I
through 25,satisfies the requirements of Section 8,Paragraph 8.1.1;for 127 parking spaces and
that the granting of this Variance will not adversely affect the neighborhood or derogate from the
intent and purpose of the Zoning Bylaw and that the applicant has satisfied the provisions of
Section 8,Paragraph 8.1.7,and Table 2,Footnote I of the Zoning Bylaw and that such change,
extension or alteration shall not be substantially more detrimental than the existing parking lot.
ATTEST:
A True Copy
y Page I of 2
yo/ rl +dov °- 4A Town Clerk
/�a. Rvtwar, evoiR r
board of Appeals 978.688-9541 t3udding 978.688.95a5 C'onwrvation 978.688.9530 tlealth 978.688-9540 Platuting 9M689.9535
Town of North Andover �1QIIT!/
.�a
Office of the Zoning Board of Appeals
Community Development and Services Division * .
27 Charles Street ��°? "AraW.,
North Andover, Massachusetts 01845 cwu¢+
D. Robert Nicom Telephone(978)688-9541
Building Commissioner Fax(978)688-9542
Furthermore,if the rights authorized by the Variance are not exercised within one(1)year of the
date of the grant,it shall lapse,and may be re-established only after notice,and a new hearing.
Furthermore,if Special Permit granted under the provisions contained herein shall be deemed to
have lapsed after a two(2)year period from the date on which the Special Permit was granted
unless substantial use or construction has commenced,it shall Iapse and may be re-established
only after notice,and a new hearing.
Town of North Andover
Board of Appeals,-
Walter F. Soule,Vice Chairman
Decision 2003.007Corrected Copy
CaW
"0
C— -
Page 2 of 2 '
N
A'ITKST:
A True Copy
4�1"'p 5�,'•
,rown Clerk
board of Appeals 978-688-9541 building 978-688-9545 Conservation 978.088.9530 Health 978.688.9540 Planning 978.688-9535
6K 791 " PGA 1 7
Town of North Andover µortTk
D��,4s• icy'f0
Office of the Zoning Board of Appeals -" °A
Community Development and Services Division
27 Charles street "��.,..� ...
North Andover,Massachusetts 01845 isawcNuse
D. Robert Nicetta Telephone(978)688-9541
Building Commissioner Memorandum Fax(978)688-9542
w�
To: Pico Trust Q -
530 Turnpike Street
North Andover,MA 01845
�r1C
From: Walter F. Soule,Vice Chairman _U `_'
North Andover Zoning Board of Appeals
ry
June 16,2003
Subject: Correction for petition 92003-007
Please be advised that this is a memo for record to correct the verbiage from
"(2)No portion of either 510 or 530 Turnpike to be used for medical doctor,dentist,or
other health ewe practitioner's office,restaurant,or any food-related retail business or fast food
outlet"to(2)No portion of 510 or 530 Turnpike Street to be used for restaurant,or any food-
related retail business or fast food outlet; and no portion of 510 Turnpike Street to be used
for medical doctor,dentist,or other health care practitioner's office for the following petition
2003-007 for premises at: 510-530 Turnpike Street,North Andover,MA 01845.
Reference the following paragraph of said decision to show correction made:
Upon a motion by Robert P,Ford and 2"'by Ellen P.McIntyre,the Board voted to
GRANT the Variance for relief frown Section 8,Paragraph 8,1(7)of 11.5'width for the one way
driveway on the southeast side of 530'fumpike Street,and from Table 2, Footnote I of 39.5' for a
landscape buffer to match the setback on adjacent properties per Parking Plan of Property located
at:510&530 Turnpike Street,North Andover, MA by Richard Ernest Landry,R.A, #4496,
Landry Architects,389 Main St.2 d Floor,Salem,NH 03079 and Philip G.Christiansen,C.E.
#28895,Christiansen&Sergi, 160 Summer Street,Haverhill,MA 01830,dated 1/20/03 on
condition that: (])space 115 be eliminated and painted with"No Parking"(2)No portion of 510
or 530 Turnpike Street to be used for restaurant,or any food-related retail business er fast
food outlet;and no portion of 510 Turnpike Street to be tied for medical doctor,dentist,or
other health care practitioner's office(3)ploughed snow will not use any parking spaces or
block any traffic aisles and excess amounts of snow will be trucked away. Voting in favor:
Walter F. Soule,Robert P.Ford,Ellen P.McIntyre,and George M.Earley.
By order of the Zoning Board of Appeals,
ATTEST: -X443�
A True Copy
a ` .w Walter F.Soule,Vice Chairman
Town Clerk
Board of Appeals 978.688-9541 Building 978.688.9545 Conservation 978-688-953o Health 978-688.9541) Planning 978.688-9535