HomeMy WebLinkAboutVariance Application - Application - 564 CHICKERING ROAD 10/12/2021 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS #
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NAME: New Hampshire Signs
ADDRESS OF APPEAL:564 Checkering RD
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(30)days prior to the first public hearing. for a hearing date and prepares the legal notice for nailing to
Failure to submit 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 complete 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 DENTAL: 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 Parties 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). chA0A, § 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,
i I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; I 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:
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IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev.&Services 978-688-9501 Town Clerk's Office
North 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 COMP'LETE' AL,L ITEMS ON 1111S FORM
PE TITIONER.INFORMATION
NAME: New Hampshire Signs/Peter MArch
ADDRESS: 66 Gold Ledge Ave Auburn NH 03032
PHONE: 603437-1200 EMAIL: peter.m,arch@nhsigns.com
If thepetitioner andlorproperly mvner is a company,corporation or other entity,a list of the names and addresses of tile
principals,ofj7cers andlor managers must be attached to dais forma.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 56�4 Chi'ckering Rd
ZONING DISTRICT: GB ASSESSORS PROPERTY MAP NO.:070
LOT NO.:0019
OWNER OF RECORD: HEG 564 Chickerinig Rd LLC
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 14125 PAGE 307 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc,):
Agent for HEG 564 Chickering Rd LLC
CURRENT USE: Gas Station/Car Wash
PROPOSED USE: Gas Station/Car Wash
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES—NO—IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
-currently gasoline station and car wash with illuminated fuel canopy and illuminated free standing signs
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):
Looking to install new fuel canopy�signage with�a decrease in size and„to retain it's internal illumination and to,replace„
existing free standing sign with LED fuel Pricers and to retain existing internal illumination.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
r 195.6.5. No sign shall,be ligElted,,excopt. y sfeadY stationary ligh Weld
ed elded,and directed_solely at the sign. Internal ...
lit signs are not allowed
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
__.. eSee Attached Narrative seeking relief for„Internal Illumination of signs 1.95.6.5 .
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
lication - narrative-plot plan -denial of ermit„ysite photos sign_drawings- letter of authorization
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Narrative
SUPPORTING STATEMENT
E4Cf,101, >WOLL)ff'I NGR °QVIR,r.Alrr ' , 'l' R.,4 f 112INr(.P,A,IIw B a.'�57�1131,1.511E IArOSL,"7'1n'(11?77 I r:1 .$ 1"IEr''DE7'IIIL I
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:
See Attached Narrative
2. Specify how the circumstances do not generally affect other properties in the zoning district:
See Attached � '
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
. ,.. ...SeeAttchedlarrative ..,n...._..M.�w m .. ,.,.,..,,ta._ ..,., ,.. _. . _....
.,. .m.. ...w.,.. j
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure: J
t
See Aft ached Na
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
See Attached Narrative
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
See Attached Narrative
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
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
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
%
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Coverage Feet Spaces Front Side A Side B Rear
71). Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*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*
*References Uses from the Zoning Bylaw&Table 1.
'*State number of units in bulding(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ofPetdPiorrer("s)are required) j
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 peinission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. I (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 (our) knowledg and belief.
X Peter March 10/04/2021
(petitioner Signature) (Date)
X
(Petitioner Signature) (Date)
1,rfApplicable:
Narne of Attorney/Agent for Applicant: Peter March New Hampshire Signs- agent
Address of Attorney/Agent.66 Gold Kedge Ave. Auburn Nh 03032 t
Phone Number of Attorney/Agent;603-437-1200
Email Address of Attorney/Agent: peter.march@nhsigns.com
i
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND b. 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
I1). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
II1).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 I"x2-5/8"(Three(3)copies for the Legal, and
a plan not to exceed I I"x17", one(1)copy for the Decision mailing),
preferred scale of 1"=40'
II). 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
b. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
II). Legend& Graphic Aids shall
include:
1. 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
Application for a Variance from 5 195-6.5 of the N Andover Code
We are petitioning the Zoning Board for a Variance to allow the refurbishment of the signage at
the Haffner's site, 564 Chickering Rd and to continue existing internal illumination.
The Haffner's organization was bought by the Energy North Group of Lawrence about 5 years
ago. The brand had been allowed to decline under the old Haffner's ownership. Energy North
has embarked on a program to renew the image and refurbish the Haffner's stations. This site,
like many other Haffner's sites, had fallen into disrepair.
The site incorporates Gas and Diesel refueling, and a Car Wash. The program's goal is to
refurbish the site, uplift it and attract new customers. This site has underperformed for several
years.
Advertisement of Gas Prices and the name of the station are 2 key elements to the success of
any Gas station.
We applied for permits to replace the canopy, canopy signage, ID Sign and pump toppers. The
signs (ID sign and Canopy sign) have been illuminated for about 15-20 years. We believe that
they were legally permitted. A search of Town records has not turned up anything that says
otherwise.
The current Canopy signage is 323 sq ft. We wish to reduce it to 102 sq ft. We also wish to add
a lightbar to the canopy.
We wish to rationalize the ID sign and pricers by removing the manual ground sign pricer on the
street side of the canopy, by eliminating the arrow on the ID sign, and incorporating the pricers
in the sign. This will result in a net decrease of 50 sf.
Our proposals represent a significant reduction in the non-conformity-we are reducing the sizes
and light output of the ID sign and the canopy signs.
As concerns each element;
The ID sign
The current ID sign is 164 sq ft. The sign face of the old sign lights in its entirety. The letters and
numbers are the only elements that will light in the new sign. We wish to add price digits with a
toggle unit, and we wish to reduce the size to 138 sq ft. The non-price area of the sign is 58% of
the total.
LED price changers are a new technology that is replacing the old technology of manual reader
boards. These signs do not have the ability to display information other than number digits, nor
do they have the ability of displaying moving images, flashing or animation.
LED Price changers:
a. Make it easier for the public to read gas prices, and improve traffic safety
b. Manual pricer signs are difficult to change in windy or icy conditions; they would be
impractical in this case due to the height of the sign and size of the letters.
c. The LED signs are changed remotely; this improves the safety of employees
d. These signs are networked, allowing the owner to change prices on the dispensers, at
the till, and on the sign simultaneously and remotely
The Toggle unit shows the word "Wash" above the price; every 10 seconds or so, it changes to
"No Wash" and the price below it changes- for example, the Wash price may be $2.80 per
gallon, and the "No Wash" price, $2.90.
The digital part of the sign shows only words or numbers, not pictures, and changes in an
instant, without a transition.
The toggle is a new technology that allows gas station owners to charge more for credit prices,
and to display them in a more transparent way than, for example, adding the word "Wash" to the
sign.
The need to charge more for credit card transactions has become widespread since, as gas
margins have decreased, credit card fees have remained static or increased. Most credit card
companies charge between 2- 3.5% of the price of the gallon, where the margins on a gallon of
gas can be as little as 10%. This is a way of attracting business into the car wash, which helps
offset the cost of the credit card fees.
The Canopy:
The canopy currently has 2 sets of Haffner's letters, and 2 sets of Car Wash letters. They add
up to 270 sq ft of area, They are lit with Neon. We wish to replace them with the same verbiage,
but smaller, and lit with LSD's. In addition, we would like to add one Donkey logo to the front of
the canopy. The aggregate signage area is 102 sq ft- less than half the current area. In addition,
we would like to add a lightbar to the canopy fascia.
The lightbar is a metal channel about 3" deep, open on the bottom only. It is designed to project
a gentle light onto the canopy fascia, and to light the drip edge of the pavement below the
canopy. No light escapes above the fascia, and very little escapes the property.
Diaital Pump Toppers:
We wish to implement Digital pump toppers on the pumps. Typically, these are not considered
signage. Permits are not requested or issued for any gas dispenser imaging, including toppers,
and they are not included in any legislation. Toppers of some form are required under MA State
Law. These toppers integrate into the POS system and allow the owner to change prices on the
pumps, ID sign and toppers remotely.
Basis of the Reauest:
We wrote to the building inspector requesting comment on this signage, referring him to Chapter
40A of the MA State code which says:
Chapter 40A, Section 6. "Pre-existing nonconforming structures or uses may be extended or
altered, provided that no such extension or alteration shall be permitted unless there is a finding
by the permit granting authority or by the special permit granting authority designated by
ordinance or by-law that such change, extension or alteration shall not be substantially more
detrimental than the existing nonconforming [structure or) use to the neighborhood."
Subsequent to this, we applied for permits and were denied on the basis that lit signs were not
allowed.
The Signs (canopy and ID) are non-conforming for the following reasons:
a. They are internally illuminated
§ 195-6.5 Prohibitions.
A-No sign shall be lighted, except by steady, stationary light, shielded and directed solely at the sign.
Internally lit signs are not allowed.
b. They exceed the allowable sizes.
Per the building inspectors' instructions, we are requesting variances from N Andover Zoning
Code 195-6.5 to internally illuminate these signs.
To the criteria for this application:
1. Describe the special circumstances related to so![conditions,the shape or the topography of
the land or structure that are unique to the parcel:
This site has been a gas station for many years; certainly, we believe that it has been so for
30 plus years. It currently has legally permitted and internally illuminated signs.
Gas stations are unique in that they display prices that change frequently and are one of a
few businesses that post prices on a regular basis, up to several times a week under normal
circumstances. They are also unique in the volume of short duration traffic entering and
exiting the site. Few other businesses host the volume of vehicles entering, staying for a
short time, and then exiting.
This site is unusual in that the car wash limits visibility and sightlines for vehicles heading
north. It is unique in that it has 9 dispensers and 14 possible fueling positions in a relatively
small area.
As far as the digital prices are concerned, the only application for these units, manual or
electronic, is to display numbers; they are consequently almost entirely used on gas
stations, They are used overwhelmingly for gas stations.
Displaying prices is key to the site's success especially the ability to tie Gas prices to the
Car Wash.
It is impractical to use manual pricers for a sign of this size and height- the Gas price digits
would be 21" panels, and the diesel and Heating oil are 16" panels and would need to be
lifted about 16' high to fit into the track.
The ID sign scales correctly to the property in size and height. The current height allows
clear visibility under the sign for exiting traffic, and clear visibility for traffic approaching the
site.
External illumination is of limited benefit on a sign of this size. Internally illuminated signs are
significantly more effective and visible than externally illuminated signs. A report
commissioned by The Thomas D. Larson Pennsylvania Trans ortation Institute (bibliography
below) shows that:
a. Signs performed statistically significantly better with internal illumination. (One
sign in the study) was read on average 2.36 times further away with internal
illumination. This was a 196-ft mean difference, giving drivers almost 4 extra
seconds at 35 mph. Even the most modest increase (Sign 8) resulted in almost
1.35 extra seconds of driver reaction time. This improves driver safety.
b. Overall, the internally illuminated signs in the study were visible on average 68
percent further away than the externally illuminated signs (291 versus 173 feet;).
This is a 118-foot difference, which at 35 mph means that drivers have an
additional 2.3 seconds to read and react to the internally illuminated signs (1.8
seconds at 45 mph).
Lighting the canopy signage is essential to provide clear notice to traffic heading in both
directions, but especially heading north, where sightlines are obscured by the car wash
2. Specify how the circumstances do not generally affect other properties in the zoning
district:
Apart from the fact that this site is unusual in the area because it is a gas station, the owner
is unique in the town in that he operates a Gas Station with an associated Car Wash. He is
thus the only business that has the opportunity to bundle gas and car washes.Allowing him
to continue with internally illuminated signs is not going to result in wholesale adoption of
signs with internal illumination because:
1. He has pre-existing internally illuminated signs unlike most other businesses
2. This is a gas station with unique signage needs
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a
substantial hardship to the owner:
The law as written would force the owner to relinquish his existing internally illuminated
signs in favor of externally illuminated signs. Signage and lighting are key to the success
of this brand, as they are to all brands. Internally illuminated signs are significantly more
effective and visible than externally illuminated signs
4. Explain how the proposed variance is the minimum change that is necessary to allow the
reasonable use of the land or structure:
The signage and associated lighting represent a significant reduction in the sign area and
lighting from the existing signage.
The ID sign reduces from 148 sq ft to 138 sq ft; when viewed in its entirety, the associated
signage is 191 sq ft; it will be reduced by nearly 30% in size.
The entire existing sign lights- only the letters light on the proposed sign.
i sq ft
ID Sign current: 148.75
Arrow 15
I Manual Pricer Zg
Total Area T 191.75 l
On the canopy, the proposed aggregate area is 102 sq ft- this is less than 113 of the existing
signage.
S. Explain why granting the proposed variance will be in harmony with the purpose and intent
of the North Andover Zoning Bylaw:
The goals of the N Andover code are:
A. The regulation and restriction of signs within the Town of North Andover in order to protect
and enhance the visual environment of the Town for purposes of safety, convenience,
information, and the welfare of its residents.
B. The restricting of signs and lights which overload the public's capacity to receive
information, which violate privacy, or which increase the probability of accidents by
distracting attention or obstructing vision.
The effects on the neighborhood will be positive; the site is worn down and is not attractive.
This investment will:
1. Improve the appearance of the site, and improve the clarity of the signage
2. Reduce the total area of the signage, and thus clutter by about 45%.
3. Ensure the viability of the business
6. Describe the impact on the neighborhood and how it will not be detrimental to the
neighborhood or the public welfare:
These signs represent a major component of the improvement of a site that is somewhat
under maintained. The new appearance is a substantial improvement, and the light output
represents a significant reduction,
i
The ID sign output will reduce from approximately 90,440 lumens to 42,750 Lumens
Light output from the canopy including the lightbar will be reduced from approximately
68,000 lumens to 60,000 lumens. The light generated by the iightbar is directed downwards
(i.e. fully shielded), and has no significant effect on surrounding properties.
The light output from the signage on the site as a whole will be reduced by over 50%.
Summary
MID
Current 90440
New 42750
I
Canopy
Current 68250
New 60681
s
i
Total
Current 158690
New 103431
This will have a positive effect on the neighborhood.
In summary, Energy North is investing heavily in the Haffner's brand, and is promoting a
sensitive renovation of this site using existing structures while attempting to balance the
needs of the town.
Site Address:
564 Chickering Road
Scope:
1) Strip canopy, replace with new ACM panels, Downlighting, and Illuminated logos
Canopy-signage will be reduced from 270-32 sq ft to 102,55 sq ft:
Total Area D es crip I t I.o.n Size Quantity
-_. .--
Canopy S!gnage Current- Haffners sq ft
Car Wash 60 2 120
62.66 2 125.32
Donkey 12.5 2 25
l Total existing EF 270.32
Proposed Haffners 24.28 2 48.56
Car Wash
Donkey 16.15 2 32.3
J 7.23 3 21.69
Total Proposed —102.55
------------- Net
_L__ 167.77
2) Add lightbar to can (see generic Picture of lightbar).
a) The lightbar is a metal channel 'c lbout 3" deep, open on the bottom only
b) It is designed to project a gentle light onto the canopy fascia, and to liht the dri
the pavement below the canopy g p edge of
3) MID sign
a) Reface, change internal illumination to LED
b) Add 16"and 24" LED price changers
Total Area
Length
ID Sign Current: Height sq ft
Pro osed 81-6" 140
.75
V-211
J
Update door graphics to new image
b) Add electronic pump toppers- see attached detail
c) Add Pump number flags