HomeMy WebLinkAbout1990-05-15 Application SPR DENIED TOWN OF NORTH ANDOVER* MASSACHUSETTS
BOARD OF APPEALS 7E�;
II f "PLICATION FOR RELIEF FROM THE REOU I REMEN'll S OF THE ZONING ORDINANCE
"1 1�►ppiicant Baxfield Dev . Co . Address 242 N€c]C :Bd, h�
1. application is hereby trades
a) For a variance from the' requirements 'of Section Paragraph
and Table of the 'Zoning By Laws .
For a Special Permit under Sect ionq�i_jParagraph1—of the Zoning
By Laws.
c) As a Party Aggrieved, for review of a decision made by the
Building Inspector or other authority.
2. a) Premises affected are land X -and 90L4R8f9q(jk) Xnumbered
+ 9 b) Premises affected are property with frontage west North of Berr
South ( ) East ( ) West { ) silo of Rte. &
Street, and known as
c) Pxcmises affected are in Zoningg Districts^.,* and the premises
affected have an area of 16 . 94ac.quare feet and frontage of
• � nnn +
feet . _
3. ownership
a) Name and address of owner (if joisit ownership, give all namcs )s
Riding Realty Trust
Date of Purchase 1 17/85____ _Previous Owner Jean PaulR. Proulx
t b) If applicant is not owner, check lais/her interest in the premises
Prospective Purchaser Lesee xOther (explain)
evelo er'_•s Rep.
- + front; 12Q _feet deep
!. 4'a Size of proposed building•'
Height 1 stories; Meek.
a) Approximate-date of erection: 1990 w_
b) Occupancy or use of each floOC:Up ►_ �,E,_ staging Areas &
Metal type 2C unprotected non-combust. Storage for W.B.
c.) Type of 'constructions & Sons Moving
Coilmyav,ftpdover
t S. Size of existing buildings feet front,_
Height _stories, tset .
Approximate date of erections NA
a) ApA
:;.
f b) Occupancy or use of each floor: NA_ !-
A. c ) Type of constructions
'•`t''•'s1' ` ' ° t6 Has there been a previous appaal, under zoning, on these premises?
If so, when?Mn
_�_
I-1 Zoning as per Form A/ANR plan titled"Plan of Land in North Andover MA prepared for Riding Realty Trust"
by BSC - Bedford dated March 19, 1987 endorsed by North Andover Planning Board April 27, 1987 recorded at
s►'� '. - NERD as Plan No. 10701 on May 11, 1987.
.F. 1
.,' ��✓Description of relief souctsr'" this petition Special Permit which determines
�' + + according to the General Provisions of the District Use Regulations Section 4.11 par 1 that the Kent company can
be relocated in an 1-1 zone as a use which is"similar and character: to 1-1 uses.
'�. :.•Deed recorded in the Registry of ,beads in Oook t;: 91$ Page
Land court Cectificate No. Book _ age
:he principal points upon which I base,my application are as followas
in detail
• crust beystated }
F See 'AttachgQ ' i
a roe to pay �e filing fee, ertising in newspaper, and incidental
' ,xpenseS* �+"��Ws
James our�c eois D�y�]QgeSignature o ' Pet t
;vary application for action by tho Board shall be made on a form approved
-;,. the Board. These forms shall be furnislie by the Clerk upon request. ..J
ny communication purporting to be an application stall he treated as mare
:.otice' of intention to seek relief until such time -
as it is .made on tt,e
fficial. application form. - All information called for by the form shall
Q furnished by the applicant in the manner 'yherein„prescribed,
very-application shall b'e submitted with a list of '•"i'nrties In Interest" •
hich list shalt -include .the petitioner, abutters, owners of land directly
pposite on any public or private street: or way, and abutters to .the .
butters within: thrcc hundred feet (300'' ) of the property line the
etitfoner' as they appear.on the most recent applicable tax List,
otwithstanding that the -land of any such owner is located in another city ,'.r'";;t
:r city or town,, and the Planning Board off'.
town, the Planning Board-of the ,••'1,,.
!'�'r r•
very abutting city or town.
Every application shall be submitted with' an application charge cost In
he amount' of 125.00. ' In addition, the petitioner shall be responsible
or any. a. all costs involved in bringing the petition before the Board.;;I�..ti=aff�
uatl.costa shall include mailing and publication, but are not necessarily '.+; r t
invited to these.
the
very application shall be submitted with a plan of land approved by „tit
oard.• No petition will be brought before tl,e Board unless said plan has
-eon submitted. copies of the Board's requirements regarding plane are
ttached'hereto or are available from the Board of Appeals upon request. ,yt
LIST OF PARTIES IN INTEREST
Name•
Address
• :
if"
• (use additional shoots �.necessary) y. ,
1
I
LIST OF PARTIES OF INTEREST
Riding Realty Trust, Lots 1,2 , 3
Turnpike & Berry Streets, North Andover, MA
MAP # PARCEL # NAME ADDRESS
108C 1 Commonwealth of Mass - Upton Woodland
Department of Env. Mgmt 1 Ashburton Place, Boston, MA 02106
45 Tara Realty Trust 826 Johnson Street, North Andover, MA 01845
13 Sean & Katherine Murphy Berry Street, North Andover, MA 01845
52 Franklin C. & Diane F. Hamilton 310 Berry Street, North Andover
14 Edward C. & Linda Pedi Berry Street, North Andover, MA 01845
15 William F. & Elizabeth MaCullom 338 Berry Street, N. Andover, MA
16 David J. & Gina M. Fili 350 Berry Street, North Andover, MA 01845
17 Elizabeth A. Poirier, Berry Street, North Andover, MA 01845
10 Town of North Andover/Farnum Land, Town Manager, 120 Main St. N.A
9 Wasil Realty Trust Muzichuk Wasil Trustee, Middleton, MA 01949
53 Helen M. Lacaillade, John E. A. Gorie, Trustee, 10 Hardy Terrace,
Georgetown, MA 01833
54 Federal Realty Trust, Joseph P. Casey, Trustee, 65 Federal St. ,
Wilmington, MA
31 Alvin Burstein & Eliz. SsSchneider, 1439 Great POnd Road, N. Andover
49 Adelyn & Bruce B. Oliver, 273 Berry Street, North Andover, MA 01845
23 Joseph Francis Schmaling, Jr. & Frank Michael Ames, Berry St. N.
Andover, MA
106D
51 Mary & Thomas Cofill 15 Berry Street, North Andover, MA
52 Nathalie M. Ross, 20 Beaver Street, Salem, MA 01970
53 & 54 Thomas M. Casey, Robert J. Casey & Susanne S. Berman
213 Berry Street, North Andover, MA 01845
49 Raymond L. & Jervais T. Barnes, PO Box 1622 , North Highlands, CA 95660
32 Rita Houghton, 142 Berry Street, North Andover, MA 01845
63 Ripavian Realty Trust, John R. Rivers, Trustee, 20 Brentwood Drive,
Reading, MA 01867
17 Labx Ststems, Inc. - Unit 1, Bank Street Asssociates Realty,
Units 2 & 3 1980 Turnpike Street, North Andover, MA 01845
57 David White, 1 Talbot Avenue, Andover, MA 01810
r
C.
Engineering t.,nevelopmenta Construction in
January 22, 1990
Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
Re: W.B. Kent & Sons Proposed Facility
Land owned by Riding Realty Trust
Salem Turnpike (Route 114) and Berry Street
North Andover, MA
Dear Board Members
Attached please find preliminary plans for a 24,000 sf facility for W.B. Kent & Sons Moving
Company of North Andover. The Kent company's existing facilities are no longer adequate for
their needs. The company wishes to remain in North Andover and Is proposing to move from
its present location at Route 114 and Hillside Road to a new site on 16.94 acres of land owned
by the Bayfield Company (as Riding Realty Trust). Channel Building Company intends to do the
construction work during the upcoming season. I wish to clarify the proposed use under the
North Andover Zoning Bylaw prior to beginning the permit process with the Town Boards.
The parcel under consideration was acquired by Riding Realty Trust in January of 1985. (See
attached deed). At that time the parcel was zoned (1-1) industrial 1. Town meeting of 1987
rezoned the land (VR) Village Residential. However, the owner has recorded a Form A plan,
endorsed by the North Andover Planning Board (see attached plans) which shows the land as
(1-1) Industrial 1 zone. Under the provisions of Section 6 of the Zoning Act(M.G.L. Chapter 40A)
"...the use of the land shown on such a plan shall be governed by applicable provisions of the
zoning ordinance or by-law in effect at the time of the submission of such plan... for a period of
three years from the date of endorsement by the planning board...," Consequently this land is
subject to current regulations for the (1-1) Industrial 1 zone until April 27, 1990. It is the Kent
Company's intention to develop the property as a single site as represented on the plans.
The proposed use is the business offices and national headquarters of a moving business. The
company moves belongings for persons, families and businesses around the country. As such
most of their activities are off-site. They also specialize in moving mainframe computers for major
corporations such as Digital. Their proposed facility would contain approximately 2,000 sf offices,
9,000 sf staging and unloading areas and 13,000 sf of entirely indoor non-industrial storage for
goods in transit in the form of wood and high strength polystyrene storage units and forklift truck
access aisles.
Business offices are permitted as a matter or right In an (1-1) industrial 1 Zone as per section
4:131 paragraph 2 of the Zoning Bylaw. However, the square footage devoted to indoor storage
in this particular program might be construed as being in the excess of what is intended by the
Bylaw by the term "accessory use"as per section 4.131 par 16. In other words while storage is
clearly an accessory activity of the Kent business is still takes up a sizeable percentage of their
building. i am seeking a determination from your Board, according to the General Provisions of
the Distric and Use Regulations Secion 4.11 par. I that the Kent moving business is permitted
In the (1-1) Industrial 1 Zone as a use which is "similar In character to other 1-1 uses" before
putting the project before the Planning Board.
NEW MEADOWS PROFESSIONAL BUILDING 447 OLD BOSTON ROAD TOPSFIELD, M . 01983
PHONE (508) 887-9066 FAX (508) 887-3480
in support of a favorable determination, I would like to point out that there Is precedent for such
a position. 1 refer to Material Installations an installer and reconditioner of office partition
systems, and Contact East a mail order supplier of hand tools used In the electronics Industry;
both located in the North Andover Business Park. Each facility Is, like W.B. Kent and Sons, the
principal business office of the company. In each case the Building Department determined that
while a substantial amount of square footage was devoted to storage, that the characteristics and
Intensity of use were compatible with the intent of the 1-1 zone which is to separate lighter,
cleaner Industrial and similar uses from heavier industry.
Thank you for your consideration.
Since ely,
Ja es Bourgeois, R.A.
President
cc: Michael Rice, Channel/Bayfield Companies
Chris Huntress, Town Planner
Robert Nicetta, Building Inspector