HomeMy WebLinkAboutVariance - 25 Commerce Way - Application - 25 COMMERCE WAY 10/20/2022 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
V Q YIW Clerk Time IQIle Stanip
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NAME: �
ADDRESS OF APPEAL:. ) m �r reLi .: 14 Zdl-
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 !Of days prior to the first public hearing, for a hearing date and prepares the legal notice for mailing 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 corn 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
ySTEP 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 competed. Board shall decide on the matter by using the information it has
received to date.
i TEP 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
o/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). ch.40A, § 17,within twenty(20)days after the decision is filed
with the Town Clerk.1 TEP S: SUBMIT APPLICATION:
Petitioner-submits one(1)original and eleven(I I)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 Ton Clerk's Office,and the decision,and any accompanying plans at the Essex County,
I 1 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:
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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 OAF APPEALS petition for a VARIANCE
JMPORTANT. APPIACANTS Ml.xSTCOMM,vu, ALL ITENIS ONTI-11S FORM
PETITIONER INFORMATION
C,T 'r'hA7\jlj
NAME:
Lh ,) 0Cj k9 il
ADDRESS:
PHONE: EMAIL: Le" LL)LLL&l(")
lf the petitioner andlorproperly ojpner is a company,corporation or other endly,a list of the names and addresses of the
principals,offlcers andlor managers must be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY:
ZONING DISTRICT: hNjo' Z ASSESSORS PROPERTY MAP NO.: 03,45
LOT NO.:
OWNER OF RECORD:
-fA�—P 1V 2-(� , LaX. 'Jo -1
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: J!Sk,`59 PAGESp OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.):
r 1�
CURRENT USE:
PROPOSED USE:
PREVIOUS VARIANCE GRANTED: YES—NO v/DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES—NO VIF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
C,
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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):
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
u
C-N
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Page 3 of 7
NORTH ALLOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
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:
2. Specify how the circumstances do not generally affect other properties in the zoning district:
A
Yhm c
3. Explain how the literal enforcement of the North Andover.Zoning Bylaw will result in a substantial
hardship to the owner:
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
'd Ally
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
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
ED uq.
7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet current
Zoning Bylaw Requirements. (Limes e`i and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq. Ft. Coverage Feet S aces Front Side A Side 13 Rear
PC
%
13. %
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Pat-king
Sq.Ft. Cover Me Feet _Spaces Front Side A Side B Rear
n10
7C. Proposed Lot(s)t
Mininiurn.Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq,Ft. Coverage Feet S aces Front Side A Side B Rear
mho
7D, Required Lott (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. _ Coverage Feet S aces Front Side A I Side B Rear
u1m
9 m `�`l Pie02�� Page S 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 chi Table t.
**State nu,mbcr of units in.building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total.Sq. Number
Ft. Floors Height. Ft. Use of Eiuildin * of Units*
*References Uses from the Toning Bylaw&'rable 1.
**State number OCunits in building(s),.
PROPERTY OWNER CONSENT, CERTIFICATION Vic; SIGNATURE
(Signaneres of Petitioner(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:
l. I (we) grant permission for officials and employees of the'flown 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. I (we) certify that all the statements within this application and attachments are true and accurate to the
best of my (our) knowledge and belief.
l Yyl i " )t" 0
P akioner°Sia n t tr. 1 I. " .
( w t re) CU/VI Date I SM 1
(Petitioner ignature) (Date)
If AplVictible:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Plione Number of Attorney/Agent:
Email Address of Attorney/Agent:
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
L
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 H 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 legal notice check. Also,the applicant
111).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require, that in addition to the 913 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"x 17", one(1)copy for the Decision mailing).
preferred scale of 1"=401
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 Ito- 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.
1). Site Orientation shall include:
1. 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, casements.
11). 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
Variance Application—25 Commerce Wa�y, North Andover, MA
Viewpoint Sign &Awning on behalf of Berkeley Partners
EXISTING CONDITIONS DESCRIPTION
The site located at 25 Commerce Way is a large multi-tenant commercial building with roughly 900'+ of
frontage to Commerce Way. Currently, there are three pre-existing freestanding signs on the property as there
are three driveway entrances along Commerce Way for this location. All three existing signs will be removed;
two of them will be replaced with the proposed signs.
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
There are three driveways to this property, and there is currently a freestanding sign at each driveway fronting
Commerce Way. We are proposing to remove all three pre-existing freestanding signs. We are proposing two
new freestanding signs—Sign A would be installed at the first driveway entrance as you drive northwest along
Commerce Way in place of the existing sign, with a setback of 2' from the road; Sign B would be installed at
the last driveway entrance towards the rear of the building in place of the existing sign, with a setback of V
from the road.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Per section 195-6.6.G(3) of the bylaw, a property within in the industrial zoning district is allowed "one ground
sign, containing the name or other identification of the use on the property, for each street on which the
property fronts,; each sign is limited to an area of 100 SF. Such sign shall not be located closer than 40'to any
property line or 20' above ground level." We, are proposing two new freestanding signs, so we would need a
variance for the number of signs that we are applying for, as well as a variance for the setbacks (the proposed
signs would have a setback less than 40' from the property line fronting Commerce Way).
3.State specific relief being sought from the North Andover Zoning Bylaw, including aill ordinance
dimensional requirements and proposed dimensional conditions:
We are seeking relief from the number of freestanding signs allowed due to the large size of the lot and
multiple driveway entrances for different tenants. We are also seeking relief from the required setback for
each sign—proposed Sign A would have a 2' setback from the property line fronting Commerce Way, and
proposed Sign B would have a, 1' setback from the property line fronting Commerce Way.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Attached you'll find the ZBA application, a landlord authorization letter,the Zoning Bylaw Denial Form signed
by the Building Commissioner, a certified site plan showing the proposed location of each proposed sign in
relation to the property lines, and the certified abutters list. Also included are the shop drawings for each sign
as well as photos showing existing and proposed conditions.
SUPPORTING STATEMENT
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:
The site is just over 16 acres, and has a large multi-tenant commercial building. The property fronts Commerce
Way, with roughly 9100' of frontage. There are three driveways off of Commerce Way for this building, and
currently each driveway has a freestanding sign. As the building is so large, there are some tenants that are
only accessible from the rear of the building, as well as a loading dock area for larger trucks, Proposed Sign B
would be installed close to the rear driveway entrance. Proposed Sign A would be installed at the first
driveway. This gives customers/tenants clear,direction for access and parking.
2. Specify how the circumstances,do not generally affect other properties in the zoning district
Thiis is a large commercial property with at least 6 tenants within the building. There is a large parking area in
the front as well as the rear, with loading docks and truck access also in the rear of the building. The expansive
frontage on Commerce Way is unique to this building, and the proposed freestanding signs provide
identification to the two entry points to the property.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
A second proposed freestanding sign would provide clarification and indication of access to the building's
tenants, as well as appropriate parking for cars and commercial vehicles/trucks. In limiting the property to one
freestanding sign, there may be confusion as to where drivers are supposed to enter/exit the property,
especially considering the front parking area is really only for smaller vehicles (customers, visitors, employees,
etc.), and the rear parking area accesses the loading docks aind delivery access points. The setback
requirement of 40' from any property line is not feasible at this location —in regards to Sign A, there's limited
placement options close to the front driveway access that would be visible to oncoming traffic while allso
indicating an entrance; in regards to Sign B, the purpose is to indicate the rear entrance/loading dock/parking
area and a 40' setback would not be close enough in the road for drivers to safely read and process.
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure.
The proposed signs are the easiest way to identify the separate parking areas/access points without
reconfiguring the existing layout of the lot which would be a huge undertaking financially and
environmentally. All that is really needed is clear identification of the main driveways which is what the
proposed signs provide.
5,. Explain why granting the proposed variance will be in harmony with the purpose and intent of the North
Andover Zoning Bylaw.
Except for the number of freestanding signs and the associated setbacks, the proposed signs are to code. Each
sign is less than the allowed 100 SF maximum. Both signs are non-illuminated and therefore would not pose
any risk of glare or other vision hazard to any travelers or pedestrians. The area, although heavily commercial,
is not over-crowded with businesses. The signs would fit their environment, and not have any negative
impacts on adjacent/surrounding businesses. Overall, the Board may grant desirable relief without substantial
detriment to the public good and without nullifying or substantially derogating from the intent or purpose of
the by-law.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
The surrounding neighborhood, although heavily commercial, is not over-crowded with businesses. There are
a few smaller commercial properties that are closer to Route 125, while this location is setback from the main
road, and just about the only building on Commerce Way before getting to the Lawrence Municipal Airport.
The signs would fit their environment, and not have any negative impacts on adjacent/surrounding
businesses,