Loading...
HomeMy WebLinkAboutMemo in Support of Variance #2 (Clean -- Rev. 8.21.24 - Correspondence - 1250 OSGOOD STREET 8/21/2024 MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant: 1250 Osgood St LLC Property: 1250 Osgood Street Map 35, Parcel 10 Date: August 21, 2024 MEMORANDUM IN SUPPORT OF PETITION FOR AMENDED VARIANCE I. INTRODUCTION The Applicant, 1250 Osgood St LLC, proposes to raze the existing freestanding sign structure located at 1250 Osgood Street, and replace the sign with a new ground sign within the same location of the existing freestanding sign area located in front of the proposed new building. A copy of the architectural rendering of the proposed sign is attached as Exhibit A. A Site Plan depicting the location and setback of the proposed ground sign is attached as Exhibit B. The proposed sign is associated with the redevelopment of a new 21,000 s.f. building for which, in May, 2024, front and rear yard setback variances pursuant to §195-7.3 and the requirements as set forth in Table 2 Summary of Dimensional Requirements, of the Zoning Bylaw of the Town of North Andover, as amended . See Notice of Decision (Petition No. 2024-06) approved on May 21, 2024, (the (a) of 67.87 feet with respect to the front setback (ie, a front setback of approximately 32.13 feet where a minimum of 100 feet is required in the I-2 zone along Route 125 pursuant to footnote 1 in Table 2 of the Zoning Bylaw); (b) variance to allow parking within the first 50 feet of the front setback; and, (c) of 5.92 feet with respect to the rear setback (ie, a rear setback of approximately 44.08 feet where a minimum of 50 feet is required pursuant to Table 2 of the Zoning Bylaw.) By this Application, the Applicant is requesting the Board to approve an additional sign variance to allow relief for the front setback of the proposed ground sign of 39.79 feet where a setback of 40 feet from all property lines is required in order to allow a new ground sign to replace the former freestanding pylon sign to be located within the foundation and same location of the former freestanding sign at the Property. As was noted in the prior application Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 fadditional zoning relief may be required in the future for signage, including potentially for location of an existing pylon sign that may be retained in its present location, but that at the time of that filing the signage plans have not been refined and a final determination could not be made as to whether signage variances would be required. If determined by the Building Commissioner that additional relief is required for signage a separate application would be made in the future. relief from the 40-foot setback requirement for the proposed ground sign which, except for the front setback, complies in all other respects with the sign provisions of the Zoning Bylaw II. BACKGROUND The Property is the site of the former Hokkaido Restaurant and previously Beijing Restaurant located at 1250 Osgood Street (Route 125) and is currently improved with a single story concrete block, brick and wood frame structure and with associated parking and site improvements. The existing building was constructed in approximately 1950 and consists of 9,688 SF according to the assessor card. The existing front setback of the existing building, as it is presently constructed, is 31.62 feet and is nonconforming. The existing parking is also located within the 50 foot front setback buffer from Route 125. The Property was purchased in June, 2023, and the Applicant has proposed a new wood frame structure to be used for daycare and medical office uses which is currently before the Planning Board for limited site plan review and other required zoning relief. A rendering of the proposed ground sign shown within the context of the proposed new building is included for reference as Exhibit A hereto. The Property is located in the Industrial 2 I-2 use for daycare and medical office is permitted by right. But in addition to the zoning relief granted by the Board pursuant to the Zoning Variance Decision, the proposed ground sign and associated foundation does not comply with the requirement for the ground sign to not be located closer than 40 feet to any property line as described under § 195-6.6.G.(3) of the Zoning Bylaw, as further detailed denial of the sign permit. As noted above, the proposed ground sign is to be located in the same location as the existing pylon/ freestanding sign. III. DISCUSSION As noted above, the Applicant is requesting relief in the form of a zoning dimensional variances for the 40-foot setback for a proposed new ground sign structure and associated foundation to be along Osgood Street (Route 125) in the same location as the existing sign foundation. The proposed project would otherwise comply with all dimensional zoning requirements of the Zoning Bylaw except with respect to the other zoning relief previously granted by the Board under the Zoning Variance Decision, but it is noted that the Applicant will remain subject to obtaining approvals from the Conservation Commission and 2 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Planning Board where the Project is currently undergoing review by both Town boards. In the alternative to seeking variances, the Applicant may have sought to limit the use of the Property to daycare and to have sought approval for the project (with waivers and without necessity for variances) in reliance upon the Dover Amendment. However, the Applicant believes that the mixed medical use will allow opportunity for a higher and better use of the Property and envisions a potential market for pediatric medical uses consistent with the daycare operations. The Applicant believes that the variances are merited for reasons described in the Application and as are also further summarized as follows: The Property is oddly shaped as an inverted (or backward) "L" that slopes off to the rear of lot and with wetlands located at rear of lot which compresses the building envelope and requires that the signage be located closer to Route 125. The lot has already been developed with an existing building, parking lot and freestanding sign that are already located within the front setback; the new replacement ground sign will not increase the existing nonconformities which might otherwise be protected as pre-existing nonconforming conditions if the freestanding sign were not to be razed and rebuilt. The subject parcel is one of few I-2 parcels that directly abuts to and is accessed from Route 125 with most of the I-2 Zone being more substantially distant from Route 125, so this is not a condition that is generally applicable to I-2 properties to the extent the setbacks are increased under the Zoning Bylaw. Further, we note that most of the nearby commercial properties include buildings and associated signage that are similarly situated along Route 125 such as the existing freestanding signs for The Loft and Joe Fish Restaurants. See Exhibit C attached hereto for a recent Google Map image evidencing same or similar conditions for abutting and nearby commercial properties in this portion of the Route 125 corridor, including Joe Fish, The Loft, EJ Riemitis Electronics, and Lots of Eats Plaza, all with buildings and parking and other improvements located close to Route 125. The purpose of the expanded setback in the I-2 zone is presumably to buffer industrial uses and provide a further setback from and along Route 125; however, in the present case the front setback is preexisting and the proposed use as daycare and medical office (although permitted in I-2 zone) are not of an "industrial" nature intended to have been buffered from sight. Instead, the proposed uses are more akin to commercial retail uses and associated signage which the Zoning Bylaw contemplates to be located closer to the road and with a lesser setback as again evidenced by the abutting uses and properties shown on Exhibit C. Reconstruction of the existing signage would require substantial hardship and expense to repair and improve the sign foundation, assuming the same could be reconstructed, 3 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 whereas granting of the variance will allow the owner to raze the preexisting nonconforming sign and rebuild the new ground sign in exactly the same location as the existing freestanding sign location, resulting in construction cost savings and substantial aesthetic improvement for project. Moreover, to require the ground sign to conform to the 40-foot setback would essentially require the ground sign to be located adjacent to the proposed building and would be almost totally obscured by the building, and would not serve the purposes for which this type of signage is needed. The location of the new ground sign will also allow for improved traffic circulation in a manner to provide greater safety for the daycare and a more functional site layout. Moreover, we have confirmed with the Project Traffic Engineer, Vanasse & Associates, that the proposed sign location will provide adequate sight distance and will not obstruct the view of those entering or existing the property onto Route 125. According to Vanasse, the requirement for the minimum Stopping Sight Distance is 305 feet, the recommendation for desirable Intersection Sight Distance is 445 feet, and in the field Vanasse measured over 650 feet. As such, the line of sight is not obstructed by the location of the proposed ground sign. See Sight Distance Plan attached as Exhibit B. Both daycare and medical uses are allowed in the I-2 zone and granting the ground sign setback variance will allow for a suitable and much more aesthetically desirable commercial signage associated with the new commercial building to be constructed, for an appropriate use of the Property that is needed in community. In addition, as referenced above, the adjacent parcels are in different zoning districts with lesser minimum setback requirements than the Property is subject to, and as such, if the exact same project as is being proposed by the Applicant on this parcel were being proposed on a neighboring parcel it might not require any variances or ZBA relief. IV. LEGAL BASIS FOR VARIANCE The proposed variances satisfy all of the conditions for granting a variance pursuant to Massachusetts General Law and Section 10.8 of the Zoning Bylaw (§195-10.8), including as follows: 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular, noted that the lot is oddly shaped a steep grade and wetlands located to the rear, and a preexisting nonconforming setback for the existing sign location. These conditions require that the building and associated ground sign be located closer to the front yard (nearer to Route 125) due to the odd rear lot line configuration. The conditions related to shape are unique to this property, and do not generally affect the entire I-2 Zoning District. 2. As a result of the circumstances described above which affect the property but do not affect the zoning district in general, a literal enforcement of the sign dimensional 4 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 requirement for the I-2 District of the Zoning Bylaw will involve substantial hardship, financial or otherwise, to the Applicant. Given the constraints with respect to lot shape, topography and building envelope, without the grant of the requested variances the Petitioner would likely be unable to design functional ground signage to accommodate the proposed daycare and medical office uses. 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. The Property has maintained a freestanding sign with foundation within the front setback of the Property for many years. And the proposed Project with new, attractive ground signage will substantially enhance and improve the aesthetics of the Property. Moreov consultants, Vanasse & Associates, Inc., to be set back from Osgood Street in such a manner and at such distance so as to not impact sight distances for vehicles entering and exiting the Property which ensures safety for vehicles entering and exiting the Property. In all respects, the proposed use and signage will be consistent with zoning and with other commercial signage along the Route 125 corridor and with abutting GB and B-2 commercial uses, and therefore will not be a detriment to the public. Moreover, it will not derogate from the intent or purpose of the Zoning Bylaw because it will allow for development that is consistent with and in keeping with neighboring properties. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Applicant respectfully requests the ZBA grant the requested variances. Respectfully submitted, 1250 Osgood St LLC By its attorney, __________________________________ Brian G. Vaughan, Esq. SMOLAK & VAUGHAN LLP 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5217 5 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Exhibit A Proposed Monument/Ground Sign Plan, Former Sign With Existing Building, Preliminary Concept Sign Rendering 6 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 7 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Exhibit B Site Civil Plan Showing Ground Sign Location, Existing Conditions Plan, and Sight Distance Plan Site Civil Plan Showing Ground Sign Location 8 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Existing Conditions Plan 9 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Sight Distance Plan 10 Memo to North Andover ZBA Re: 1250 Osgood Street August 21, 2024 Exhibit C Google Map Image of Adjacent Properties 11