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HomeMy WebLinkAbout2024-04-16 Recorded Decision LSPR i Bk 17970 Pg30 #5634 04-17--2024 @ 03 : 03p Town of North Andover Office of the Planning Department Community Development and Services Division 120 Main Street 0 North Andover,Massachusetts 01845 U 0 l ER T t-S NOTICE OF DECXSXON LEMTED SITE PLAN REVIEW Bate; April 16, 2024 Date of Hearing: April 2,2024,April 16,2024 Date of Decision: April 16,2024 Petition of: Kellee`pwadelle 193 Gray Street North,Andover,MA 01845 Premises Affected: $65 Cbickering Road,.North.Andover MA,01845 Assessor's Map 84 Lot 28 Referring to the above application for a Limited Site plan Review Article 8 Supplementary Regulations, Part 3 Site plan Review and Article 10 Administration 195-10.7 of the North Andover Zoning Bylaw. Applicant proposes a change of use from retail to religious in the existing 4,875 Sfcondomblium space. The Site is Iocated in tine General Business zoning district. After a public hearing given on the above dates, and upon a motion by P. Boynton and 2 'by S, Kevlahan to APPROVE the Limited Site Plan Review,as amended, and subject to the following conditions.Vote was(4- 0)in favor of the application. Jean Enright On behalf of the North Andover Planning Board Eitan Goldberg, Chairman Sean Kevlahan Peter Boynton John Simons v i">Tts fy 3Yiie dopy'. - -- 'i-owu Clerk Bk 17974 Pg31 #5634 565 Chickering Road Limited Site Plan Review Change of Use—retail to religious April 16,2024 The Planning Board herein APPROVES the Limited Site flan Review decision to allow for the the change of use fi•om retail to religious in the existing 4,875 Sfcondouainium spaoe. The Site is located in the General Business zoning district.The Project is located at 565 Chickering Road,North Andover, Massachusetts, 01845,Assessor's Map 84 Lot 28. This Limited Site Plan Review was requested by the Kellee Twadelle,Trustee of Kellee Twadelle Trust of 2019, of 193 Gray Street,North Andover,MA 01845, on behalf of Ministerio Bethel Centro de Adoraciou (as tenant at the Premises—the"Church"), now of 565 Chickering Road,North Andover,MA 01845. The application was filed by the Applicant with the Planning Board on March 5,2024. The Applicant submitted a complete application,which was noticed and reviewed in accordance with the requirements of the North Andover Zoning Bylaw,Article 8 Supplementary Regulations,Part 3 Site Plan Review,Article 10 Administration Section 195-10.7 and MOL Ch,40A, See 9. The public hearing on the above referenced application was opened on April 2,2024 and closed on April16,2024. The Planning Board voted unanimously(by a vote of 4-0)to grant the Limited Site Plan Review decision. This decision specifically stated by the Planning Board makes the following FMI:NOS OF FACT: FINDINGS OF FACT I) The Project is considered a religious use, and is subject to MGL Chapter 40A Section 3, otherwise known as the"Dover Amendment"(see comment dated March 4,2024 from Paul Hutchins,Building Commissioner/Zoning Enforcement Officer under Certificate of Occupancy permit application#77439). As such,the Planning Board's authority is limited to reasonable consideration of structure bulk, height,yard sizes, lot area, setbacks, open space, parking and building coverage. 2) The s eci c Site is an a ro riate location for su h a use structure or Condition. The specific Site is an appropriate location for the Project as it is located in the General Business zoning district and conforms with both the use and dimensional requirements of the zoning bylaw. 3) The use as developed.will not adversel affect the nci ghborhood pharacter. 'Be proposed use is,located within an existing shopping plaza,which fronts on Chickering Road(RT. 125) and is not located within a neighborhood setting. 4) There will be no nuisance or serious hazard to vehicles or pedoshians. The existing shopping plaza has dedicated drive aisles and although there are some dedicated parking rights under the condominium documents,as a matter of practice the parking spaces in the plaza are mostly shared in common use by all unit owners. This common use of parking was confirmed by a Trustee appearing and speaking on behalf of the Condominium Association. 5) Adequate and appropriate facilities will be provided for the proper operation of the proRosed Use. The Project is adequately serviced by necessary facilities and utilities to address the needs of the Project. Bk 17970 Pg32 #5634 565 Chickering Road Limited Site Plan Review Change of Use—retail to religious April 16,2024 6) The use is in harmony with the goneral.purpose.and intent of this Zoning Bylaw. The Project allows for the use of existing access, adequate fire/safety access, causes no farm to any resource areas. 7) Per the Building Commissioner the Certificate of Occupancy,once issued,will be limited to no more than 100 occupants(see email dated March 13,2024). 8) The application was reviewed by Town staff as evidenced by email communications from Amy Maxner, Conservation Administrator, elated March 12,2024,Lt.Bob Yjlcoyne, hire Prevention Officer, dated March 13, 2024, and Brian LaGrasse, Health Director,dated March 12,2024. FiDINGS OF FACTS and DETERMINATIONS TENDER L=El D SITE, PLAN REV1iEW The purpose of Limited Site Flan Review is to ensure that all religious and education uses, and all child care facilities are reasonably regulated in regards to bulk and height or structures and determining yard sizes, lot area setbacks, open space,parking and building coverage requirements.The Planning Board has the authority to place reasonable conditions on the aforementioned issues but are not permitted to withhold approval of Limited Site Flan Review where there is an inability to satisfy proposed reasonable regulations. In reviewing the Limited Site Plan Review application for religious uses, educational uses and child care facilities,the following issues shall be considered: a) Relationship of the bulk of structures and adequacy of open spaces to the natural landscape, existing buildings and other community assets in the area and compliance with other requirements of this Bylaw,which includes,but is not limited to,building coverage requirements, yard sizes, lot areas and setbacks; The Board finds that there is no change to the size, bulk and height of the building the use will occupy. b) Physical layout of the plan as it relates to convenience and safety of vehicular and pedestrian movement within the site,the location of driveway openings in relation to traffic or to adjacent streets and,when necessary,compliance with Other regulations for the handicapped, minors and the elderly; The Project utilizes the existing access/egress drive, drive aisles,and parking areas. c) Adequacy of the arrangement of parking and loading spaces in relation to the proposed uses of the premises; • There are approximately 190 existing parking spaces on the Site(not including the dwelling units located on Bunkerhill Boulevard). • The combination of all current existing uses at the plaza and the proposed 3 Bk 17970 Pg33 #5634 565 Chickering Road Limited Site Plan Review Change of Use—retail to religious April 16,2024 change in use to religious use would require 3651 parking spaces according to the zoning bylaw. • It is noted, however,that the combination of all current existing uses at the property with continuation of retail use at 565 Chickering Road,as historically and most recently used by Rose and Dove,requires 318'parking spaces according to the zoning bylaw, so that the proposed change to religious use results in an increase of 47 additional required parking spaces. • Although the proposed change to religious use results in an increase of 47 additional required parking spaces,the Applicant has noted that the need for increased spaces is mitigated due to factors related to existing plaza and proposed Church operations as further described below. • The highest demand for parking for the religious use would occur on Sunday mornings at off peak times to other uses, as Shadi's Restaurant is closed on Sundays and many other office and retail uses are.closed or open later on Sundays. • With respect to other usage by the Church(i.e., other than Sunday services),the demand for parking is anticipated to be substantially consistent with parking requirements for prior retail operations at the Applicant's property(i.e.,whereas prior retail/office uses at Rose and Dove would have required 16-17 spaces allocated under the zoning bylaw, the proposed bible study use is anticipated to be of same or lesser parking demand), • The Church has obtained an agreement(confirmed via email)for the Church's use of the KinderCare parking lot for 25 offsite overflow parking spaces. The Church has proposed shuttle service to mitigate Brisk in pedestrians crossing Chickering Road. • The Tenant has also obtained verbal approval from Santander Bank(Building A in the condominium so technically not off premises)to use their dedicated parking lot with 22 exclusive use parking spaces for Sunday services,and the Tenant would also be entitled to use the Owner's 10 exclusive use spaces. ' The Building Commissioner calculated and submitted into the record a chart of total parking spaces required for the plaza based upon all current uses but with the proposed change to religious use,The Building Commissioner initially determined that 353 spaces would be required based upon 80-seat occupancy,but the proposed occupancy was increased to 100 seats.As such,required parking for the church would increase from 48 spaces to 60 spaces(.6 per seat @ 100 seats),with total parking requirement increasing from.353 spaces to 365 spaces. '-Again,the initial parking calculations provided by the Building Commissioner contemplated a total requirement of 353 spaces with 48 spaces for the 3,600 SF proposed church space. The zoning bylaw requires 3.5 spaces per 1,000 SF for retail. As such,the retail use of the 3,600 8F requires 13 spaces(ie,3,60011,000 x 3.5= 12.6 spaces)which when substituted for the 48 church spaces results in a decrease of 35 spaces required,with net parking required reduced from 353 spaces to 318 spaces, 4 Bk 17970 Pg34 #5634 565 Chickerfiig Road Limited site Plan Review Change of Use retail to religious April 16,2024 0 Based upon the overflow parking agreement with KinderCare and the use of the Santander and Owner exclusive use spaces, the Tenant would have 57 dedicated spaces available for Sunday services. parking requirements as per the North Andover zoning bylaw for his proposed religious use would require.06 spaces per seat, so based upon a 100 seat occupancy this would require 60 spaces, • The Church has agreed to a maximum occupancy of 100 seats for large congregational events and masses,which are to be held on Sundays only and ending by 2:00 pm, Smaller group events such as proposed bible study(anticipated to attract attendance of approximately 15 people on average), would be held on evenings and earlier in the week when there is a lesser demand for parking(i.e.,proposed Thursday evening meetings moved to Monday), To the extent additional nights were to be added for bible study programs,they would be scheduled on Tuesday and Wednesday evenings. * The tenant has agreed to request that the congregation utilize the ovornow parking lots and dedicated exclusive use spaces prior to using other spaces at the plaza on Sundays and will also request that members carpool to the extent possible to limit parking demands and in order to best accommodate other business owners at the plaza. + To assist with communication and to help best address any issues in real time should they arise, the tenant has also agreed to keep the condominium association and management company apprised of the tenant's direct contact information and of a designated representative of the Church who will act as a liaison with property management company and be responsible for fielding and addressing complaints, if any should arise. d) physical lighting of the site,especially the adequacy of the method of exterior lighting for convenience, safety and security within the site and for protection of neighboring properties,roadways and the night sky; There are no proposed changes to existing lighting for the plaza, e) Protection of adjoining premises against seriously detrimental uses by provision for surface water drainage; There are no proposed changes to the building footprint that would result in changes to the storrnwater rate or volume. f) Adequacy of the methods of disposal of refuse and other wastes resulting from the uses permitted on the site; Adequate methods of disposal of refuse and other wastes resulting from the proposed use is the responsibility of the Applicant and/or tenant. 5 Bk 17970 Pg35 #5634 565 Chickering Road Limited Site Plan Review Change of Use—retail to religious, April 16,2024 g) Adequacy of fire protection measures,and; Per NAFD, the building is fully sprinklered and has a functioning Fire Alarm System. Any new keys will need to be put in the lock box and an updated contact list will need to be supplied to NAFD. h) Incorporation of sustainability and resiliency principles into the site design that results in a plan that is responsive to the environment and actively contributes to the development of a more sustainable community. The are no proposed physical changes to the site design. WAMRS 9) Based on the Findings of Facts and Special Conditions below,the planning Board waives the following requirements: a. Strict adherence to Article 8 § 195-8.4 Off-street parking requirements for the proposed religions use. b. The following information required: * Location Map * Survey of Lot/Parcel * Name of Project * Easements/Legal Conditions * Topography * Drainage Area * Stormwater Management Report * Building Elevation • Location of Wetlands * Location of Roadways * Outdoor Storage * Landscaping flan * Refuse Areas * Lighting Facilities * Commonwealth Review * Utilities This Limited Site Plan Review decision was issued subject to the following conditions: SPECUL CONDITIONS: 10) For the purposes of the decision, the Planning Board approves the following Permit Definitions: a) The "Locus" or "Site" refers to the 4.68 acre parcel of land with land fronting on Checkering Road shown on Assessor's Map 84 Lot 28 and known as 565 Chickering Road,North Andover,Massachusetts. b) The "project" refers to the proposed change of use from retail to religious in lb(,- existing 4,875 Sf condominium space. The Site is located in the General Business zoning district. c) The "Applicant"refers to Kellce Twaddell on behalf of Ministerium bethel Centro de 6 Bk 17970 Pg36 #5634 565 Chickering Road Limited Site Plan Review Change of Use--retail to religious April 16,2024 Adoration(tenant),and its successors and assigns, d) The"Project Owner" refers to the person or entity holding the fee interest to the title to the Locus from time to time, which can include but is not limited to the Applicant, developer,and owner. i I 11) For one year, in six-month increments,the Applicant or Church shall provide a parking report to the Planning Board with copy provided to the condominium association. The report shall detail how operations are working, execution of overflow parking, and any perceived concerns, PRIOR TO ISSUANCE OF OCCUPANCY)r'UG MIT 12) If applicable,the Applicant will provide copies of all Decisions,Notification, and Orders of Conditions from the North Andover Conservation Commission, 13) Two(2) copies of the signed, recorded decision and with endorsed plans attached must be delivered to the Planning Department. cc: Applicant Abutters Owner 7 M. PAVL IMNUCCILLO, REGISTER ESSEX NORTH REGISTRY OF DEEDS F-crFrnRnun