HomeMy WebLinkAboutDecision 2007 109-123 Main Street - Decision - 109-123 MAIN STREET 6/14/2007 sC,
Town of North Q04Lr1-�-2ID (05ruralp sr—p
ZONING BOARD OF APPEALS RCirlr 1 OFFICE
Albert P.Manzi R Esq.Chairman of Na DrN�� � '` fl E
EllenP.McIntyre,Vice-Chairman .'�+ "`;'• 4r ��� � � 1
Richard T.Byers,F%q.Clerk 0.
Joseph D.l,aGrasse � .• •- ,� TOWN Of
,
David R Webster 10� ,M�FtiNCR ► * �,t�aTH A`DOV[P'
Associate Members �S�'�°wwns 1'ti� �JA�i�t.l]3wcJ
Thomas D.Ippolito 64tys�
Richard M.Vaillancourt
Daniel S.Braese,Esq. This is to oerdfy that twenty(20)days
Any qpW shall be filed within Notlee of Decitdon have elapsed from date of dedslon,tiled
without filing of an al.
(20)days after the data of filing 'Year 2007 Date �
Of this nodoe in the office of the Joyce Nftffshaw
Town Clerk,per Mass.Gen L.cda. Town Clerk
40A,§17
Property at: 109-123 Main Street
NAMR: San Lull Realty Trust HEARINGS: March 13,dt April 10,2007
109 Main Street VOTING DATE: May 9,2007
Noah Andover MA 01845
ADDRESS: 109-123 Main Street PETITIONS: 2007-04A(Shopping Center)
&2007-MB
North Andover MA 01845 TYPING DATE: 15 2007
By vi:rue of its authority under Maas G.L.Chapter 40A anti the Zoning Bylaws of the Town of
North:Andover,Massachus"(the"Zoning Bylaws"),the North Andover Zoning Board of Appeals(the
"Board")held a public hearing at its negtilu meeting in the Town"top floor meeting X004120-M.—Ain-
Street,North Andover,MA on Tuesday,March 13,2097 at 7:30 PM upon two separate variance petitions
of Sao Lau Realty Trtrst, 109 Main Street,North Andover,MA for remises at 109-123 Main Sired(Map
29,Lot 48)(the`Fropoaty")for certain dinmensiond variances as further described below.On or about
February 15,2007,tiro 1etitioner,Saar Lau Realty Trust,(tha"Petitioner")Med two separate variance
petitions afFWag the P,r Vaty with the Zoa€datrg Board of Appeals and Town Clerk seticing dimensiond
variances wallow.she renovation and r000nstrwdonof the casting retail shopping ceru r("Messina
PMW)totaling 52,406 sly including the consfiuction of a 208+l-s.f kiosk,drive-through facilities,
parking improvernwiM u0ties,walkways,site lighting,Landscape impt+t vema%and other improvemenU
within the Ceneral Budness(GB)Zoning District(the"PwJct"). Based upon the Building Inspector's
deanal letter,dated February 14,2007(the"Denial Letter"),duuenaional variations are required from the
Zoning Bylaw in order to ooatstruct the Project. 0 7—iT 1.---2 0 0 7 a 1. 1 = ;3 0 ct
The first variance petition roqueswd relief from:(a)Section 7,Famgmph 7.3 and Table 2
(Summary of Dimensional Requi s)of the Zoning Bylaws to allow for reduced:Front sedwhs along
Main Street and First Street;(b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional
Re"hemenw),Note#2,of the Zoning Bylaws to allow far Ion than a 1 S foot grroen area abutting the rear
property line W hd is generaQy consistent with exislf ng conditions;(e)SeAm 8.1(O.tf-Strad Parking)of
the Zoning Bylaws to allow for induced parking ems;and,(d)Section 8.4(Screening and
Landscaping Ragtilre s for Off-Suva Commmial and ln&wW B eta)offt piing Bylaw to
allow for varied scr ming and landscaping requirements for off-street paddng to iodate the revised
site design for renantions to the Messina's Shopping Center,all as shown on the"Site Plans,"as defined
below(the"Shopping Curter Position").
o a The second variance petition rested dimadonal variance from:(a)Section 7,Paragraph 7.3
0 and Table 2(Summary of Dimensional Regir amenw),arid,(b)Section 8.4(Screening and Landscaping
cn Requirements for Off-Street Com maul and Industrial Districts)of the Zoning Bylaws to allow for
reduced front setbacks and related screening along Main Street and First Street to enable the Peationer to
oongt=a kiosk of app wAmately 208 91 in size,all as shown on the"Site Plans,"as deed below(the
1600 Osgood Street,Building 20-Suite 2.36,North Andover,Massachusetts 01845
Phone-978-688.9541 Fax-978-688-9542 Web-www.townoffiorthandover.com
Bk 10832 Pg 292 #21275
"Kiosk Petition"). The Shopping Center Pedtion and Kiosk Petition were filed in connection with the
Petitioner's plan to renovate the eWtm48 Mosslao SlX4VW9 Center,along With Pad=&lighting'
hwAlsopplAg and other improvements(the"Pr*cr)as shown on the"Site Plane'(as deflaed below)on a
parcel of land known and numbered as 109-123 Min Street,consisting of approAutately 145,893 squaw
feet of land,and designated on the Town of North Andover Assessors Map as Map 29,Lot 48
(collectively,the"Property"). The Property is located in the Cknaaa Business(GB)Zoning DWct as
described in the Zoning Bylaws,
The Petitioner has filed with the Zoning Board of Appeals all plans and reports required under the
Zoning Bylaws, During the review process,the Applicant and its professional consultants also submitW
various revisions to the plans along with various supplemental memoranda and correspondww in response
to requests by the Zoning Board of Appeals and by the various departments within the Town of North
Aa&ricr that reviewed the project. All of these plan*reports and correspondence,are contained In the
Zoning Board of Appeale files and am hereby incorporated by reference into the public record for this
hearing,
After notice of the public hearings was published in the FaSk a newspaper of general
cinulation in the Town of North Andover,on F01mmy 26,2007 and Moloch 3,2007,was posted in a
conspicuous place in Town.Hall;and was mailed,postage prepaid,to all interested parties as certified by
the Board of Assessors Office in confimme,with the Zoning Bylaws and KG L.Chapter 40A,the
Zoning Board of Appeals opened the public hearings on the Shopping Center Petition,and the Kiosk
Petition on March 13,2007 at approximately 7:30 p.m.in the second floor meeting room at Town Halt 120
Main Street,North Andover,Massachusetts. A continued session of both public hearings was held on
April 10,2006. On April 10,2007,the Zoning Board of Appeals voted to close the public hearings and on
May 9,2007,the Board unanimously voted to grant the wpMed variances as per the Shopping Center
Petition and the Kiosk Petition,as more folly described below.
Based upon the following ftding%4 motion was made by Richard J.Byers,seconded by David R.
Webster,and the Board unanimously voted to pant the request of the Petitioner for dimensional variances
for the Project described in the Shopping Center Variance Petition,including the requested relief from:(a)
Section 7,Paragraph 7.3 and Table 2(Summary of Dimensional Requirements)of the Zoning Bylaws to
allow for relief of thwe(3 1)feet,ftom the front setback along Main Street,and to allow for relief often
(10')feet three(3-)ipches ftom,the ftont wft&along First Street only with respect to the drive4hrough
facilities,but the remainder of the proposed building will comply with the 25-foot setback requirement
along First Street; (b)Section 7,Paragraph 7.3,Table 2(Summary of Dimensional Requirements),Note
#2,of the Zoning Bylaws to allow for less than a 15-foot grew area abutting the mar property Use which is
generally consistent with wasting conditions but additional screening has been added to provide for greater
buffiering capacity for the rear yard. Note that the Property will otherwise comply with the 50-foot rear
yard building setback requirement;(c)Section S.I(Off-Street Parking)of the Zoning Bylaws to allow for a
total of 172 parking spaces;where the Zoning Bylaw requires 258 parking spaces,along with other
variances from Section 8.1 such as W*widths to enable improved circulations within the parldng lot,all
as more particularly shown on the"Site flans';and,(d)Section 8.4(Screening and Landscaping
Requirements for Off-SUM Commercial and Industrial Districts)of the Zoning Bylaw to allow for relief
ftm the requirements tot screening and landscaping of off-street parking in order to accontmodate,the
revised site design for renovations to the MesdWs Shopping Center to enable the Petitioner to install
landscaping,screening,lighting and other Improvements within the off-afteet parking arm,all as shown on
the"Site Plane'as defined below,and subject to the conditions described below.,
Based upon the following findings,a second motion was made by Richard J Byers,seconded by
David R.Wobster,and the Board unanimously voted to grant the request of the Petitioner for dimensional
variances for the proposed kiosk described in the Kiosk.Petition,including the requested relief from:(a)
Section 7,Paragraph 7.3 and Table 2(Summary o(Dimensional Requirements);to allow for relief of
twenty-two(221)feet from the front setback along Main Street,and to allow for relief of sixteen(16')feet
from the firm setback along First SUM Aot yard to allow for the construction of a kiosk Where,25 feet Is
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1600 Osgood Street;Building 20-suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
Bk 10832 Pg 293 #21275
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required and,(b)Section 8.4(Screening and Landscaping Requirenwnts for Off-Street Commercial and
Industrial Mstricts)of the Zoning Bylaws to allow for reduced hont setbacks and relabel screening along
Main SStred and Pint Sum to enable the Petitionner to construct a kiosk of approximately 208 s.f.in size,
all as shown on the"Site Plans"as defined below,and subject to the conditions described below.
MMINGS
Having reviewed all the plans and reports f kd by the Petitioner and its representatives,considered
the correspondence from various Depathmmts witim the Town of North Andover that have reviewed the
Project,the Zoning Board of Appeals raakea the following ftdings:
Section 10.4 of the Zoning Bylaws aaethorizas the Zonimg Board of Appeals to grant variances in
accordance with the Zoning Bylaws and Section 10 of MOL c.40A"Where the Board rids that owing to
dvounisUmm relating to soil conditions,drape,or topography of the land or structures and especially
affocting such land or structures but not affecting the GeneW Business(GB)zoning district in general,a
literal enfow went of the provisions ofthis Bylaw will iwMW dal budit financial or otherwise,
to the petitioner or applicant,and drat desirable relief may be g=Wd without substantial detriment to the
public good aid witlewrt mxllifying or substantially derogating from the intent or purpose of this Bylaw"
Accordingly,based upon the information submitted as part of the public record,there are
ciraundauves relating to soil conditions,shape,or topography of the land or structures aW especially
affecting such land or structures but rat affecting generally the General Business zoning disbict in Which
the Property is located. ter particular,the site has been used as a reWWoMcdgmcm facility for over 40
years. The Petitioner is simply wddng to renew and upgrade the longlished uses at the building by
the installation of new,modern facilities in a manner generally consistent with prior upgrade and
modernization efforts approved by this Board and in substantially the same location as previously approved
by this Board in the mid-1980s. Also,the Prc&d would include the installation of a new decorative Idosk
in wally the same location as the existing gcound sign approved by this Board in 1991. Due to the
reIaiively odd drape Of the lot,the proposed kiosk building must be located in the proposed omdgufttion in
order to botb maintain as much parking as possible,and to respond to Town planting rbaommaidations to
atternlnk to locate improved along Maim Street. The proposed building improvements are in
substantially the same fbotprint area as the existing building area,and due to the relatively odd obap of the
Ion,and in particular,of the rear of the lot,the proposed building renovations mum be located in the
proposed configuration in order to maintain the vWMty this snapping center. Moreover,while the
prrgxmd Project will room the requested variance reIK the Project in certain eimmutances results In a
dose in non-conformity with tine Zoning Bylaw. For example,the entire length of the Proposed portion
of fho building along First Street(except for the prescription drive-�6dlities)will comply with the
25-font,serif n**ement where the existing building is set bacdc Ins than 22 feet. Further,because of
the odd drape of the lot,arty improvements on the Property must be generally moved and relocated closer
to the center of the lot, The size of the remaining buildable lot am would not permit a viable building to
be eonst meted and still maintain strict compliance with the required 8rout yard setbacks,rear yard baftr,
parking regtrirmuntsk as well as landscaping and larffaing requnroments under the Zoning Bylaws.
However,the improvements shown on the Site Plans have been redesignet to substantially increase
landscaping and screening in the front and side yards,as well as to the rear of the site,in order to enhance
the site aesthetics and buileriang. Due to the relatively odd shape of this lot which is bordered by three
stress,it would be l design 1> +iW �y to crowd oft the proposed improvements
togetbar toward the center or the front of the lot in order to ocmtply with exerting zoning requirements.
In addition,the Petitioner has demonstrated that a literal eaffircenient of the prroviskm of the
Zoning Bylaw would involve suiStantial hardship,fibandal or otherwise,to the Petitioner. With respect to
the dinwWonal,parking and other requested variances;the Ped loner's proposed improvements could not
be s fiely oonst a ted within the constrairds imp W by the Zoning Bylaw. To impose the required setback
and parlang requirements under the Zoning Bylaw,the Petitioner would have to substantially red,=
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1600 Osgood Sheet,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.townofnordmdover.com
• Bk 10832 Pg 294 #21275
building size and/or eliminate the kiosk strtnt M which would materially impact the Snauaal viability of
rite site as a shopping center.The site would otherwise be an underutilized site located on Main Street and
in the middle of the Downtown Center of the Town within the ocneral Business Zone,and without the
requested variance rebel:,the redevelopment of which will new be mi%*practices for this
reasons stated above and as further described in the Public record. The conditions cauainS this hardship are
not particular to the Petitioner,but would be encountered and would trued to be dealt with by any person
who would undertake the development of this Property.
Moaeaver,the desired zoning relief will cam no detrin oat to the public good for the following
reasons. Fim the uses of the Property will retain si tautially the wo as tbey have been used over the
past 40 years,so there would be no adverse tint upon outer properties within the same district. Second,
OA shopping centr is one of the corneMoms of the Town's efforts to revitalize the downtown area,and
rho proposed i mpmvenremts will enhance amoborhood aesthetics and set the standard for fiAhae
redevelapmortt efforts within the downtown area.Third,aktheugh the site landscaping Bering
tents will not technically meet the requirements of the Zoning Bylaw which were ermctoct in 1987,
asmdscaping and screening will be substantially improved along the fl'ont and rear yards from WOW
conditions,and the Project will result in a net increase tit landscaping. Fourth,altlumgh the required
parking will not comply with mmut pakh*requireineitts,the parking did comply with the 8.1(Off St met
Parkin)regulations for the G=wW Bomm(GB)Zoning District in effect when the Planning Hoard
issued a Site Plait Approval Decision for the Property in 1986. The parking provisions in effect at the time
of the 19%Site Plan Approval Decision provided that-Establishments located within 350 feet of a
municipal parking kot shall have 50 percent of the required number of parking spaces.". The Project will
amintain generally the same munber of parking spaces in and along the Property for 0Ppr02'iwately the
Sams amount of building square footage as currently wristing. Therefore,the proposed Project will not
gate impala to ousting traffic levels or increase congestion in and around the Property and
surrounding arcs, Filth,the proposed improvements will in fact substantially irupmvo w ty on-and off-
site duce to improved aisle configuration and traffic circulation patter. Lsstly,the Project will
substmWally onha=the aeabgtics of the downtown and surrounding area due to improved landscaping
and lighting,enhanced traffic circulation,and a more attractive building design.
CONDMONS OF APPROVAL
The Hoard finds that the Slopping Center Petition and the Kiosk Petition and plans submitted by
the Petitioner comply with all applicable provisions of the Zoning Bylaws as aWifiEed in this Decision,but
that such gram of the requested relief is subject to the following conditions:
1. The Project shall be oonshucted on the Property in amordanee with the plans described below and
collectively,the plans m*renixd in this Condition No. 1 shall h dnafter be rdeferred to as the
"Site!'lens"ualess otherwise described in this Decision.
Site: 1W123 Main Street oft 29 Lot 48 North Andover MA 01845
Site Plan Title: Variance Plan,Messina's Market, 109-123 Main Street in North Andover,
MA,prepared for San Lau Realty Trust, 109-123 Main Street,North
Andover MA
Date 8t Revised Dates E&m
M 12 2007 Rev.March 13 2007
R.P.L.S. Stephen K Meiesciuc,R.P.L.S.#39049,Marchronda&Associates LP,
tit Montvale Avemre,Suite 1,Stowe MA 02180
S Sheet 1 of 1 Scale 11=40'
Plan Title: Site Plan Review&Special Permit Application Plans for.Messina's
Shopping Cutter,North Andover,NWwAmus,April 12,2007 owner:San
Lars M&Trus4 149 Main S North Andover MA 01845
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1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978fi88-9542 Web-www.townoEnorthandover.00m
Bk 10832 Pg 295 *21275
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Registered Professional Joan Barrows,P.E.#40052,Marchionda&Associates LP,
E 62 Montvale Av Suite Stoneham,MA 02180
Date(&Revised Da") October 31 2006,Rev. 12l5/06, 1117/07 3/14/07,4/9/07,&4112107.
S Gl OMMA C-5
Registered Professional Christian C.Hw*es%R.L.A.#1178,Huntress Associates,W.,
Architect 17 TswkAxn Stree# Andover,Massachusetts 01810
Rate dt Revised Dates 1.19.. 7 3.7.07,4.9.07,&4.12.07
SheetlDrawin : SP-1 L-1 L-2 &L-3
Registered Professional Stephen W.Livermore,R.A.#3294,HH Morant,Inc.,P.O.Box 4495,
Architect 221 Washington 5 Salem,Massachusetts 01970-3633
Date(&Revised Dates) October 21 2006,Jamiw 17 2007 ARM 28 2007
S1�et/Drawire . Ex1.1,Ex1.2,Ex2.1 ALL,A1.2 A2.1 &A2.2.
2. The Petidonner shall comply with all conditions and with special attention to the screening of
residential properties as descriUed m the Planning Board Site Plan Special Pemt,Dade of Decision:
May 1,2007,Figdings of Fact 4b.,Special Conditions 1g.,7c,,8a Ob.,and 13.
3. Trade deliveries slrail follow the requirements of the Planning Board Site Plan Special Permit,
Date of Decision:May 1,2007,SpecW Coation#22.
4. TmU making deliveries to the property shall comply with all applicable federal and state laws
and regulations governing engine#dIwg,irduding bets not limited to Mass.fie.L.ch.90,§16A("Stopped
motor vehicles;operation of engine,time insert;penalty")and applicable EPA regulations on track engine
idling.
5. This Variance Decision,which includes a decision on both the Shopping Center Vardaum Petitions
2007-004A and the Kiosk Variance Pedtion.2007.004B,%Vmedep its entirety,the ZomS Board of
Appeals Variance Decision(Petition No.35-84),dated June 19, 1984(Rev.July 17, 1994),issued to San
Lao Realty Trust,and recorded w#l.the Essex North District Registry of Deeds in Book 1958,Page 172,
and well as the Zoning Board of Appeals Variance Decision(Petition No.91.88),dated October 16, 1987,
issued to Sane Lou Realty Tms%recorded with said needs in Book 2723,Page 74.
Notes 1.As required by Section 10.4 of the?aA"Bylaws,and Section 10 of MG.L,c.40A,this decision
shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds,
Mribern District at the applicant's expense. 2.The granting of the Variance audlor Special Permit as
requested by the applicant does not necessa*ensur0 the granting of a building permit as the applicant
aunst abide by all applicable local,state,and federal building codes and regulations,Prior to the issuaaco of
a building pwa t as arqu irad by the bspector of Buildings,
Fartleensr►M if the rights authodzed by the Variance am not exercised within one(1)year of the date of
the grant,it shall lapse,and may be reestablished only after notioe,and a new hearing. Furthermore,if a
Special Permit grouted under the ptovis M contained herein shall be deemed to have lapsed after a two(2)
year period from the slate on which the Special Permit was gmuted unless substantial use or construction
has commenced,it shad lapse and maybe dis;Anl.—va
aft nodoe,and a new hearing.
Zoning Appeals
Ellen P.Mcln2yr+e,, Yee Chafimmt
Richard J.Byers,Esq„Clerk
Joseph D.LaGrasse
AssactateMemberar
Thomas D.1ppolito
Decision 2007.004A&2007.004B.
ly]29P48.
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1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-979-688.9542 Web-www.townofnorthandover.com
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