HomeMy WebLinkAboutMemo to ZBA in support of Variance - Correspondence - 1250 OSGOOD STREET 8/24/2024
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals (“ZBA”)
Applicant: 1250 Osgood St LLC
Property: 1250 Osgood Street
Map 35, Parcel 10
Date: April 24, 2024
MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE
I. INTRODUCTION
The Applicant, 1250 Osgood St LLC, proposes to raze the existing structure located at
1250 Osgood Street, and has submitted an application requesting variances to allow for
construction of a new 2-3 story building in its place. More specifically, the Applicant is seeking
relief from §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 (the “Zoning
Bylaw”) in the form of dimensional variances for the proposed front and rear yard setbacks. The
Applicant is seeking variance relief 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
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along Route 125 pursuant to footnote 1 in Table 2 of the Zoning Bylaw) and to allow parking
within the first 50 feet of the front setback, and variance relief 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.)
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
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Table 2 of the Zoning Bylaw would typically require a front yard setback of 50 feet in the I-2 Zone, but footnote #1 in
Table 2 states that “front setbacks shall be 100 feet along 125 in Industrial 1 and 2 Districts; the first 50 feet of front
setbacks under this requirement shall be made to provide an effective visual buffer and no parking shall be permitted.”
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Memo to North Andover ZBA
Re: 1250 Osgood Street
April 24, 2024
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, with the intent of improving the existing
structure and converting its use to daycare. Upon acquisition, in considering various issues
relating to construction and related expenses, including structural integrity of the existing
building foundation and other programmatic needs for daycare use (including various site and
floor plan requirements), a determination was made that it would be preferrable to raze the
existing structure and rebuild a new structure in its place. The Applicant has proposed a new
wood frame structure to be used for daycare and medical office uses. The proposed new
structure would be 2 floors above grade from the front of the building, as viewed from Route
125, and 3 floors above grade from the rear to include a basement level, having a footprint of
approximately 9,740 SF and total floor area of approximately 21,145 SF. The proposed site
improvements would also include 2 playgrounds located adjacent to building, as well as
improved driveway, parking and infrastructure improvements, all as shown on the plans
submitted with application. While appearance and finishings of the building remain subject to
various final approvals, including architectural and construction considerations as well as site
plan review and approvals by the Planning Board, a preliminary concept rendering of typical
design is included for reference as Exhibit A hereto.
The Property is located in the Industrial 2 (“I-2”) Zoning District where the proposed
use for daycare and medical office is permitted by right. But the proposed project does not
comply with the current dimensional requirements of the Zoning Bylaw, due to the front and
rear yard setback issues as referenced above and as were further detailed in the Building
Commissioner’s denial of the building permit.
III. DISCUSSION
As noted above, the Applicant is requesting relief in the form of zoning dimensional
variances for front and rear yard setbacks for a proposed new structure and to allow parking
within the 50-foot setback buffer along Route 125. The Applicant’s proposed project would
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otherwise comply with all dimensional zoning requirements of the Zoning Bylaw, but it is
noted that the Applicant will remain subject to obtaining any necessary relief from the
Conservation Commission and Planning Board. Such further approvals would be requested
upon approval of the requested variances from the ZBA. 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
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It is noted that additional 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 this 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.
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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 rear of
lot and with wetlands located at rear of lot which compresses the building envelope and
requires that the building be located closer to Route 125 and this also creates the unusual
rear lot line which causes the rear setback encroachment.
The lot has already been developed with an existing structure and parking lot that are
already located within the front setback; the new replacement structure and parking lot
will not increase the existing nonconformities which might otherwise be protected as
pre-existing nonconforming conditions if the building 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 footnote 1 of Table 2. Further, the subject property is zoned
I-2 whereas the directly abutting properties on Route 125 are located: in GB zone
(southwesterly) where the front setback is 25 feet and the rear setback is 30 feet; and in
the B2 zone (northeasterly) where the front setback is 25 feet and the rear setback is 35
feet, and where similar restrictions also do not exist for a 50-foot buffer for parking and
landscaping along Route 125. In fact, most of the nearby commercial properties include
buildings and parking that are located closer to Route 125. See Exhibit B 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 Joes Fish, The Loft, EJ Riemitis Electronics, Starbucks plaza and Lots of Eats
plaza, all with buildings and parking located close to Route 125.
The purpose of the expanded front 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 and parking are preexisting and the proposed use as
daycare and medical office (although permitted in I-2 zone) are not of an "industrial"
nature that would’ve been intended to have been buffered from sight. Instead, the
proposed uses are more akin to commercial retail uses 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 B.
Reconstruction of the existing structure would require substantial hardship and expense
to repair and improve foundation and building integrity, whereas granting of the
variance will allow the owner to raze the preexisting nonconforming structure and
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rebuild the new structure in its place with and expanded footprint, resulting in
construction cost savings and substantial aesthetic improvement for project. It will also
allow for improved circulation and construction of playgrounds in a manner to provide
greater safety for the daycare and a more function site and floor plan for the daycare to
utilize existing grades for playground uses with direct access and without crossing
driveways.
Both daycare and medical uses are allowed in the I-2 zone and granting the variances
will allow for a suitable and much more aesthetically desirable 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, it’s noted that the lot is
oddly shaped as an inverted “L” with a steep grade and wetlands located to the rear,
and a preexisting nonconforming front yard setback. These conditions require that the
building be located closer to the front yard (nearer to Route 125) are contribute to the
rear setback with respect 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. In addition, the increased setback pursuant to footnote 1 in Table 2 affects very
few I-2 properties and does not impact the neighboring parcels.
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 dimensional
requirements 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 an economically feasible site and floor plan
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 proposed raze and rebuild of the structure will substantially enhance and
improve the aesthetics of the property. In all respects, the proposed use will be
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Re: 1250 Osgood Street
April 24, 2024
consistent with zoning and with other commercial uses 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 is a permitted use and 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, and to
allow the proposed construction of a an addition to the existing single family residence on the
lot.
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
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Memo to North Andover ZBA
Re: 1250 Osgood Street
April 24, 2024
Exhibit A
Preliminary Concept Rendering
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Memo to North Andover ZBA
Re: 1250 Osgood Street
April 24, 2024
Exhibit B
Google Map Image of Adjacent Properties
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