HomeMy WebLinkAbout1997-01-07 WAIVER SPR 7
Town of North Andover f �Oe7k
OFMCE OF
COMMUNITY DEVELOPMENT AND SERVICES
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146 Main S twist
North Andaver, Massachusetts 01845 4*"4.,T,,•.•`
WILLIAM J. SCOT
Director
Memo
To; Bob Nicetta, Building Inspector
From: Kathleen Bradley Colwell, Town Planner
Tate: January 10, 1997
Re: 9 Hodges Street - Site Plan review Waiver
t their meeting of January 7, 1997, the Planrl ng Board voted to waive site plan review for 9
Hodges Street. Please see the attached decision and make it part of ilia certificate occupancy
record. If you have any questions please call me at erxt. 535_
BOARD OF APPEALS 698-9541 RUnDINO 68&9545 CONSERVATION 6H-!M0 HEALTH 688-9540 688-9535
9 Hodges Street
Waiver-of Section S.3 of#i1e Zoning Bylaw - Site Plan Review
The Planning Board Herein WAIVES the requirements of Section 8.3 of the Zoning Bylaw- Site
Play Review as set forth in Section 8.3 i(3) of the Zorr ng Bylaw_ The waiver request was
submitted by Terry O'Reilly, Evcon Realty Trust, One Cherry Late, Georgetown, MA 01833 on
December 30, 1996 for property located at 9 Hodges Street, The project involves a change of use
from a video store to a karate academy.
Findings of Fact:
1. There will be no modification of the structure beyond its existing footprint,
2. The site contains sufficient parking as long as a limitation of 10 persons is placed in the
occupancy permit. There are currently 15 parking spaces available to the entire building
including on-street parking and the adjacent parking lot on the corner of Morten Street
and Hodges Street. This parking configuration was approved by the Zoning Board of
Appeals on February 23, 1995.
3. The topography of the site will not change,
4. The amount ofiniperv€ous surface will not increase.
, There are no wetlands on the site.
. The existing sign for the video store will be replaced with a similar sign for the karate
academy.
7_ No additional landscaping is planned.
8. No additional lighting is planned_
9. The applicant has submitted the following plan contain ng all of the basic requirements of
an official site plan:
Plan titled: Site Plan of Land in Forth Andover, [lf =
Owner: Robert K. & Claire F. Daigle Trustees of May Street fealty Trust
Date, October 20, 1988
Scale: 1" = 10'
Prepared by: Andover Consultants Eric.
I East River Place
Methuen, Mass
10_ Ajiy revisions to a development that has secured site plan review waiver shall be submitted
to the Town Planner for review. If the revisions are determined to be substantial and
materially ditferent by the Town Planner, the Town Planner shall direct the applicant to
resubmit the site Plan to the Planning Board in accordance with the provisions of this
section.
Decision:
Given the above Findings of Facts, the Planning Board hereby determines that the new use
(karate academy) of the existing structure located at 9 Hodges Street will not have a sigfOlcant
impact, both within the site and its relation to adjacent properties and streets, on pedestrian and
vehicular traffic, public services and infrastructure, environmental, unique and historic resources,
abutting properties, and community needs.
The Planning Board hereby NAIVES the requirement of Site Plan Review-
cc. Applicant
assessor
Building InsPeotor
Conservation Administrator
Director of Public Works
Engineer
File
Fire Chief
Health Agent
Police Chief
i
i
materially di crent by the Town Planner, the Town Planner shall direct the applicant to
resubmit the site plat to the Planning Boai-d in accordance with the provisions of this
section.
Decision:
Gven the above Findings of Facts, the Planning Board hereby deternihics that the new use
(karate academy) of the existing structure located at 9 bodges Street wiII not have a significant
impact, both within the site and in relation to adjacent properties and streets, on pedestrian and
vehicular traffic, public services and hirrastructure, environmental, unique and historic resources,
a tMing proper#ies, and community needs.
The Planning Board hereby WAIVES the requirement of Site Plan Re-view.
cc, Applicant
Assessor
Building inspector
Conservation Administrator
Director of Public Works
Engineer
File
Fire Chief
Health Agent
Police Chief
North Andover Planning Board & t l30/96
Mrs. Kathleen Colwell, Town Planner
Town Hall, North Andover, MA 01845
R.c: Site )dart Review Waiver for proposed change ofi�se for 9 [lodges St- North Andover
Dear Mrs. Colwell and Gentlemen.-
The video stare operating at 9 Hodges S t- recently closed and Tong McCarthy would like to
operate Ns karate academy froin this locating, and so as owner of Fveon Realty Trust and the
property at this location, I arty writing to you to request a site plan review waiver, and allow the
building inspector to issue an occupancy permit for the karate acadeAny- I bclicvc the main issue is
parking -will the proposed change demand an increase in parking, and I thought an overview of
the parking facilities would be he]pful-
I5 parking spaces from the lot across the strut have been deeded to the property, and will] the
at the side of the building, there are 17 legal off street spaces in total- In 1995 I weal be['ore the
Board of Appeals and requested and received relief from a restriction on the use of the second
floor because of the limited of street parking- After reviewing a parking study, and drawings the
board agreed with rye that my planned cxpanslon would require 5 more parking spaces, and they
were available as the on so t parking potential had not been considered al all- (Drawing 410
indicates approximately 10 on street parking spaces-)
The current number of spaces, 22, required to satisfy the total needs of the building was based
on 3,296 sq- ft- ofQttice space (at 300 sq.ft./space) demanding 1 I spaces, and 1,759 sq. ft, of
retail space (at 5 to 6 spaces/1000 sq.ft) demanding another f 1 spaces. 6 spaces for 1069 sq, ft.
video store, and 5 spaces for 690 sq,fi, hair salon.)
The karate academy would fall under the class of"meeting places" and would require 1 space
fbi-every 4 people in attendance. Mr. McCarthy the instructor and owner of the academy
IndTuated his average class is 10 to 12 people- This would require 3 to 4 spaces and would
actually reduce the dcinand on parking, His class would have to swell to 24 persons in order for
the parking requirements of the academy to equal the 6 spaces required to operate the wine space
as a video store- Of course I understand that this is my interpretation of the bylaws, and my
mathematics, and Nor. Nicetla will provide the final word concerning the exact Numbers,
Two things I would like to point out even though I don't thhik the parkin, demand will be
increased with this change, are, one, the on street parking provides 5 to 6 spaces over the required
- and two: the hours of operation, evenings and Saturdays dovetails well with the, schodule of
most office workers on a 9 to 5 Monday to Friday work week-
Please find enclosed the site plan criteria, site plan drawing, and other documents as requested.
Thank you for your time and consideration in addressing this matter-
Sirteerely,
Terry GReilly/Eveon Realty Trust
One Cherry Lanc
Georgetown, MA 01933
SITE PLAN CRITERIA
For "Proposed [Cringe of Use" for 9 Hodges St. North Andover
1. Nortli Arrow/Location Map: Please refer to site plan enclosed. (labeled A1)
2. Survey of Lots/Parcel- Please refer to site plan encloser.
3. Naine/ Dewip lion o1'1 roject; Proposed change ofuse for 9 Hodges St- (approxhnately 1,100
sq- f . of retail space) from a video store to a karate academy. There wiII be no chuges to the
wefior of the building except the sign for tfie business over the front door. Interior changes
include patching painting and carpefing-
4- Easements/Legal C oindi#ions; Please find enclosed a Declaration of Restrictive Covenant as
well as a Certification Plait showing the parking easement providing 15 spaces for 3-1 1 Hodges
t- Also included is a Notice of Decision fronn the Board of Appeals allowing the second floor use
to be increaser, (labeled #4
5. Topography: Please refer to site plan enclosed,
6- Zoning infonlaation_ Map 0180, Block 0014, Lot 00000, Book 0 490, Page 0094. The
property is zoned commercial, and the two Amy struct€ re is a Mixture of IretaiI and office space.
7, Storm Watcr Drains: Two catch bashes as shown on site plan. No changes proposed,
8. Building Location: please refer to the site plan enclosed. The are shaded and labeled "9
Hodges" is the area proposed for the karate academy,
- Buiiding Elevation; The structure is 2 stories, and the proposed change of rise concerns a unit
on the first floor. A photo or the unit is enclosed, (labeled #9)
10- Location of ParkinglWallt ays: Please refer to drawing enclosed- (labeled 4 10
11, Location of Wetlands/Notice of latent; No wetlands ire the area, and no outside changes are
12- Locating ofWalls/ Signs; There are no walls- Suns consist of painted 3/4" plywood fastened
directly to the facade oftbe structure-
13. Location of Roadways/Drives: Both the site plan acid drawing-010 indicate this-
14. Outdoor Storage/Display Areas- None
15. Landscaping Plan: Indicated on drawing #10. No changes planned.
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16. Refuse Areas_ The properly shares a dumpster service with 12- 2 May street, the apallniclit
building across the str et_
17. Lightiug Facilities; No changes planned.
IS- D-ainage Basin Study_ Not Requested_
19. Traffic ImpactStudy: Not Requested.
2.0_ C onunonwealth Review_ Not Rcquestcd.
21. Utilities: Flectric and Ga&
22_ fiscal liupact- Not Re nested_
3_ Community Impact: Not Requested.
{
CONFIRMATORY
DECLARATZON OF RESTRZCTIVE COVENANT
Robert K. Daigle and Claire F. Daigle, Trusteee of
MayfEodgas Street Realty Treat U/DIT dated November 21, 1986 and
recorded with tha Esser[ North Registry of Deeds at Book 2361,
Page 158, being the owr�era of certain real estate aituatad in
Essex county, Massachusetts, being known and designated as 7
Hodges street and 12-22 may Street, North Andover, Essex county,
Xa.ssachusetta, all more particularly bounded and described as
follows :
Parcel. #1, beginning at an oak stake at the corner of Hodges
and May streets as shown on a plan of land entitled "Plan of
land in North Andover, Mass. belonging to S.D. Hinxman, Est.",
dated March 1920, drawn by Horace Hale smith, Engineer and
recorded at tha North Essex Registry of Deals as Desk Plan No.
373; thence running southerly alone the westerly line of said
Hodgea street to a point 94 feat northerly from an oak stake at
the junction of said Hodges street aTid Delmont Street; thence
turning and runz�iixg westerly 50 feet, moxe or less, in a line
parallel to and 10 feet distant southerly from the southerly
Bide of 'Blacksmith shop", as shown on said plan, to a point in
the dividing line between the lot shown as having an axeas of
5,487_65 s4clvare feat; thence turning and running northerly along
said dividing line 79 .96 feet as shown on said plan, to an oak
stake at said May street, as so shown; thence turning and
running 57.72 feat by the southerly aide of said May Street, all
as show-a on said plan, ,ta_ the paint of beginning.
Having been granted a special parmi.t by the Town of North
Andavex Board of Appears Petition Number 126-88, for sae of aaid
promises, in furtherance of pakrking conditions therein
contained, hereby impoae the following parking easement use
restrictions on Pramiaes 12-22 may street also owned by Robert X.
Daigle and Claire F. Daigle Trustees of May/Hodges Street Realty
Trust, u/d/t dated November 21, 1986, recorded with the Essex
North Registry of Deeds in Back 2361, Page 168, described ae
follows:
Parcel #2. A certain parcel of land, situated on Hodges
street, so called, near main street in said north Andover, the
saute being lots numbered ill, #72 and part of lot #70 as shown
on plan of lands of Eliza S. Sargent, said plan being recorded
in the Rasex North District Registry of Deeds, Book 43, Page
600, to which reference may be had for a mvra particular
de$aription.
containing 10,100 square feat, more or lesa.
Reatrlctive covenant to run with the land for the benefit of
7 Hodges Street, and the Town Of North Andover designating
fifteen (15) parking spaces as shown *n a plan of land entitled
"Plan of Hand in North Andover, mane. owner Robert X. Daigle and
Claire F. Daigle, Trustees of May street Realty Trust" dated
,suns 22, 1988, drawn by william S. MacLeod, Registered Land
surveyor and recorded at. North Essex Registry of Deeds as Plan
No. 11445.
this neclaration of Restrictive covenants is givsr� in
confirmation of a prior Declaration recorded at soak 2aO7, Page
272 wherein the Grantor was misnarmed.
witness their viands and seal th' 17th day of ,Tune, 1992
ROSERT K. DAIGY;H, TRUSTS CLAIRE F. DAIGLE, WRSTiE
THE COMMONWEALTH OV MASSACHUSETTS
Easex, SS ,Tune 17, 1992
Then pa raonally appeared the above named Robert K. Daigle
and Claire F. Daigle and acknowledged the foregoing instrument
to he their free act and deed, befor$ me
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otary Public 0 /
My commission sxpirea: !
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