HomeMy WebLinkAboutVariance Application for Sign - 1250 Osgood - Application - 1250 OSGOOD STREET 8/22/2024 TOWN OF NORTH ANDOVER VARIANCE
Z�NING BOARD OF APPEALS
H ,E0�4
T'omi Clerk Time Stump
NAME: Milford Learning LLC Owner and 1250 Us ood St LLC (Developer)
ADDRESS OF APPEAI..,. 1250 cis ood Street eta �5 Lot 1()
Procedure & Requirements
for all Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules all applicant
submitted thirty Jtf 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 rttay 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 it)the Zoning Board Mules and STEP 7: DELIVERY OF LEGAL NOTICE TO
Regulations and is not meant to supersede t'luem. The NEWSPAPER:
petitioner will complete items that are underlined, The petitioner picks tip 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 artd receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE,rllE ZONING
Commissioner, BOARD OF APPEALS:
Tile petitioner should appear oil his/her behalf,or be
STEP 2: VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence orally
Petitioner completes all application form to petition the Board appearance without due cause oil behalf of the petition,,the
of Appeals for a''Variance All information shall be completed. Hoard sltal'l decide oil the matter by using the information it has
received to dale,
STEP 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 t
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 j
certified list of Parties in Interest(abutters). ch.40A㤠17,within twenty(20)days after the decision is filed
with the Town Clerk.
STET'5:SUBMIT APPLICATION:
Petitioner-submits one(1)original and eleven(11)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 tiling. The The petitioner is responsible for recording certification of the
original shall be submitted to the Town Clerk's Office, and the decision,and any accompanying plans at the Essex County,
I I copies will be submitted to the Zoning Hoard of Appeals North Registry of Deeds; I 'Union Street,Lawrence MA 01840
secretary. and shall complete the Certification of Recording form and
forward it to the Zoning Hoard of Appeals and to the Building
STEP 6:SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGA1,NOTICE:
IMPORTANT PHONE NUMBERS:
978-688-9533 Office OfContrnUnity Dew. &: Services 978-688-9501 Town Clerk's Office
North Andover`fawn 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 ANDOV'ER ZONINGS BOARD OF APPEALS petition for a VARIANCE
Milford Learning LLG(Owner) and 1260 Osgood St LLG(Developer/Applicant)
IMPORTANT: APPLICANTS M1JST C', N4I�1,E'1'E ALL ITEMS S ON 'I'IIIS FCIIIM;
I
PETITIONER INFORMATION j
i
NAME: 1250 Osgood St LLG �f
ADDRESS: 206 Great Road, Littleton, MA 01460 1
i
PHONE: 703-856-5240 EMAIL: man oj oj@nvklearniing.com
If tdre petillrrrrer•anal/ar p i vprerij,arr^rota°is a earrrpatkn curpararldon or other enlilp,ar dial aftdre rrarues arrrad aaladresses of the
principals,officers an dfvr managers nand be attached to Il ds f rrrn.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 1250 Osgood Street, Borth Andover, MA
ZONING DISTRICT: 1-2 ASSESSORS PROPERTY MAP NO.:035,0 ,
LOT NO,:0010
OWNER OF RECORD: Milford Learning LLG
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 17776 PAGE 329 Olt CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner,abutter,etc.):
Owner and Developer
CURRENT USE: Restaurant and Bar(former Hokkaido Restaurant)
PROPOSED USE: Daycare and Medical Office
PREVIOUS VARIANCE.GRANTED: YES X NO DECISION NO./DATE:2024-00615.21.24
OTHER REGULATORY REVIEW: YES X NO� IF YES, DESCRIBE STATUS:.
Project is currently before the Planning Board for limited site plan review/site plan review for child care
e i h ffiedlcM officei use; Applicant hasTled a wet
lands Notice of—
Intent with the Conservation Commission..
EXISTING CONDITIONS DESCRIPTION:
t.mand..is nonconforming.
Existing sign is associated with former Hokkaido Restaurant site located at 1250 Osgood Street(Route
-1-2 srsting f 102,141 SF fct-lmprroved-wMT-sing oncurete-block, arrdvwd-fran,(e-----�-� --
structure with associated parking and site improvements including a standing sign along street frontage;
Existing building was constructed in approximately 1950 and consists of 9,688 SF per assessor card.
Page 2 of 7
NORTH AND OVER ZONING BOARD OF APPEALS petition for a VARIANCE
tilfard Learning LI-C(Owner)and 1250 Osgood St LLC(Developer/Applicant)
PROPOSAL DESCRIPTION
1, Briefly describe all proposed changes to the structure(s) and/or use(s):
Existing freestan.ding.sign,,js,pr,,op,,o.s.ed,to,,be razed and,replacedwith-new grolind.sign within the existing,aign foundation
location. New sign is associated with proposed,new 21,145 SF building and associated improvements, to be used!for both
a child care,facillity, and medical office,or other uses allowed-in 1,22oning,District,along with driveway,,,,parking and- -
infrastructure improvements as shown on plans submitted with application. New building variances associated with new
building...and'associated'' improvements w--e-r,e-,-a,p,ipr"6'v-e-'d-by'th 606'ard"pursuant"'to Variance'Dec"is"ion "N,o., 2"024-0-06,66 May
,21,,2024,
2. State all sections of the North Andover Zoiiing Bylaw implicated in this variance petition:
1 5-5 .C.( )Permitted slgn.s-- industrial 1 tact,,, One,-g!r.o,,und.,sign,,,containing,.the,.name.,.,or other..identific.,ation,-ofthe
use on the property, for each street on which the property fronts; each sign is limited to an area of 100 square feet. Such
,sign,shall not be located,closer than 40 feet to any property,line,orW,feet above ground! level;and;-§195-10.8(A),
Variances,
1 State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requireiiiews and proposed dimensional conditions:
,Petitioners request that the Zoning;Board of Appeals,issue,a dimensional variance pursuant to,§19&-4Q.8(A),of the Zoning
Bylaw from the requirements for signs in Industrial 2 District requiring that a ground sign shall not be located closer than 40
feet to any property,fine. More specifically,,the Applicant is requesting a,front setback of approximatefy,0.21 'feet where a
minimum of 40 feet is required for a ground sign in 1-2 zone along Route 125, resulting in a variance of 39.79 feet, and in
'ih 6's6m 6,iocati,ac as ihe existing f'ree"sta'ndiln'g`srgn ioc'ationi ex-is, ted
4. Identify and describe all plans and supporting documents being, submitted with this variance petition:
Plan of Land in North Andover, MA, prepared by Merrimack Engineering Services (Existing Conditions dated 8.28.23, and
Plan to Accompany Petition for Variance, dated 8.12.24), prepared by Merrimack Engineering Services, Inc., ; and,
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Milford Learning LLC(Owner)and 1250 Osgood St LLC(Developer/Appl'i:cant)
Proposed Monument Sign-,(.Elevations),.(4.8,,heets),.pr.epare,,d by JarmeI,K,jzel,Archi-te.,cts,and Engineers, Inc,,with
reference to The Learning Experience Academy of Early Education, 1250 Osgood Street, North Andover, Massachusetts;
See also Memorandum in-Support,of Application and additional concept renderings,including Former Signage, Proposed,
Sign Elevations, and comparison of Former and Proposed Signage, and other attachments.
SUPPORTING STATEMENT
1,7/1 C/1 OF FOLLOWING R.EQUIREMKINIS FORA FARMAY-EAR)STRE ESIABLISHEDAND SET FOR I'll IN COMPLETE DE7,411,B Y
1. Describe the special circumstances related to soil conditions, the shape or the topography of the land or
struettire that are nnique to the parcel:
.Lot,,i,s,oddly...shape�d,a,s.,an,inver,ted,,,(,or,,ba,ckward)-"L"..that slopes.,,o.ff,.to,,rear..,of,lot,,and,.with,,wellands at,rear ot,lot; The lot.
hasalready been developed with an existing structure, and freestanding sign within the front setback and the new
replacement ground sign and improveinents,wili,not-increase-the-existing,nonconformity."
2. Specify how the circumstances do not generally affect other properties in the zoning district:
.The,subject.parcel]s,one-offew 1-2 par.cels,,,t.hiat,directl,,y,,abuts to,an.d,is accessed from-Route,1,25.,Fur,,t.her,,.,Ihe subject
property is zoned 1-2 whereas the directly abutting properties on Route 125 are located: in GB zone with reduced setbacks.
Existing standing and ground signs along,these-properties,;,including,,tiie Property,-are,similarly located,within-setbacks,.-
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
Reconstruction of existing signagestructure structure_would.require,substantial,li�ardship,,arld,expense,,Ao,repair and
improve foundation and integrity, whereas granting of the variance will allow the owner to raze preexisting nonconforming
sign structure and, rebuild new ground sign,structure and supporting foundation in same footprint of existing sign,
foundation, resulting in construction cost savings and substantial aesthetic improvement for project.
4. Explain how the proposed variance is the nififlinuni change that is necessary to allow the reasonable use
of the land or structure:
The proposed ground sign is located within the same footprint as the existing freestanding sign footprint_location, is located
in landscaped island between Osgood Street and the building,, and in a location providing for required sight distances
,along driveways. The proposed variance will allow for the construction of a more aesthetically pleasing commercial ground
sign consistent with other similar signs nearby and abutting the Property and within the Route 125 corridor.
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 petiflon for a VARIANCE
IMilford Learning LLC(Owner)and 1250 Osgood St LLC(Developer/Applicant)
,The-purpose of,the expanded front setback,in-the 172 zone is,press,mably,to,,bu!ffer,indusirlal,uses,and-provide farther
.
setback from and along Route 125; however, in the present case the front setback is preexisting and the proposed ground
sign(although permitted in,]"'2 zone)is-not of an,'Ili ndustria l"nature,and,is-more,akin to retail shopping"centers which the
Zoning Bylaw contemplates to be located closer to the road with a lesser setback,
6. Describe the inipact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
The proposed ground signwill be located within the same,footprint,as-the,.existing,freestandin g-sIgn-lacation,-but willbe
shorter in height and conform with all other sign dimensional requirements. The granting the variance will allow for a
,suitable commercial-building-ground-sign to be constructed for,an-appropriate-use-of the-Property�that,is-needed in the
community, and with no detrimental impact to the neighborhood or public welfare.
7A. Difference from Zoning Bylaw reqnirements: Indicate the diinension(s) that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. coverage Feel Spaces Front Side A Side B Rear
A. %
0.21 ft
B. %
7B. Existing Lot:
Minimurn Lot Setback
Lot Area Sq.Ft, Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
% 0,21 ft
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq,Ft. Open Space percentage Lot Frontage parking
Sc. Ft. Coverage Feet Spaces Front Side A Side B Rear
% 0,21 ft
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq,Ft. Open Space Percentage Lot Frontage parking
Sq� Ft. Coven Pe Feet Spaces Front Side A Side B Rear
% 40
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Milford Learning LLG(Owner)and 1250 Osgood St LLG(Developer/Applicant)
8A. Existing Btllllding(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use ofBuilding* of Units*
9,688 +I- 1 23 9„688 +/. Restaurant and Bar 1
*References Uses from the Zoning Bylaw&"table 1.
State mmibcr of it in buuiIding(s).
813. Pi-oposed Buikling(s):
Ground Floor Sri. Number of Total Sal. Number
Ft. Floors Height Ft. Use of Building* of Units*
i
9,740 3 38.58 21,145 Daycare and Medical 3
*lteferences Uses from the Zoning Bylaw 3 Tible 1.
*"State number of units in butihling(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(.5ignalrrres o.0'elilioner(s)are required)
I am ( e are) the owner(s) of the property subject to this variance petition and I (we)consent and certify as
follows:
I. 1(we) grant permission for officials and employees of the Town of North Andover to access nay property
for the purposes of this petition;
2. I (we) certify that I (we) have read the Board's Tulles and Procedures before submittal to ensure the
completeness of my (our)petition;
3. 1 (we)certify t it all the statements within this application and attachments are true and accurate to the
best o J u knowle( a and belief.
x M .
(Petiti gn nitre) m._. (Date)
(Petitioner S ature) (Date)` rt
Name of Attorney/Agent for Applicant:Smolak&Vaughan LLP, Brian G. Vaughan, Esq.
Address of Attorney/Agent:21 High Street, Suite 301, North Andover, MA 01845
Phone Number of Attorney/Agent:978-327-5217
rl,mail Address of Attorney/Agent: bvaughani@smolakvaughan.com
i
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Milford Learning LLC (Owner)and 1250 Osgood St LL,C(Developer/Appl ice tit)
9. PLAN OF LAND 6. Narnes,addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by tile 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 tile 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 infonnation
A set of building elevation plans by a Registered as indicated with all asterisk(*). In some cases
Architect may be required when the application further information may be required.
involves new co�iistrtictioiVeoiiversioti/aiidlor 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 tile 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.GL ch.40A§1.1 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 9B address listed oil tile abutter's list,plus all
&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"=40'
11). Plan shall be prepared,stamped and 10.C. Applicant shall provide 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 � 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 Plait.
1). Site Orientation shall include:
I. North point
2. Zoning district(s)
3 Narnes of streets,
4 Wetlands(if applicable)
5 Abutters of property,within 300'
radius
6, Locations of buildings oil adjacent
properties within 50' from
applicants proposed Structure
7, deed restrictions,easements.
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