HomeMy WebLinkAboutVariance Application - 1101 Turnpike St - Application - 1101 TURNPIKE STREET 9/9/2024 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Tom)clerk"Time Sul mp
NAME: Michael Mulianey (McKenzie Engineering Co., inc.) as agent for Metrowest Really
ADDRESS OF APPEAL: 1191 TurnAndoveF, MA
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty QQ)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 may 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 in the Zoning Board Rules and STEP 7: DELIVERY OF LEGAL NOTICE TO
Regulations and is not meant to supersede them, 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 and receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE THE ZONING
Commissioner, BOARD OF APPEALS:
The petitioner should appear on his/her behalf, or be
STEP 2: VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance. All information shall be completed. Board shall decide on the matter by using the information it has
received to date.
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
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
certified list of Parties in Interest(abutters), ch.40A, § 17, within twenty(20)days after the decision is filed
with the Town Clerk.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one (1)original and eleven(1 1)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 filing, 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 Board 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 Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Department,
PREPARATION OF LEGAL NOTICE:
IMPORTANT PHONE, NUMBERS:
978-688-9533 Office of Community Dev. & Services 978-688-9501 Town Clerk's Office
North Andover Town 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
NORTT-I ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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PETITIONER INFORMATION
NAME: Michael Mullaney, McKenzie Engineering Co., Inc. as agent for Metrowest Realty LLC
ADDRESS: 305 Whitney Street, Leominster, MA 01453
PHONE: (978) 537-8210 EMAIL: mmullaney@mckenzieinc.com
If the petitioner rind/or property owner is it company,corporation or oil,erenthty,a list of the names and add?-essesofthe
Principals,officers Widloy"I'Magei's must be attached to this forma.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 1101 Turnpike Street
ZONING DISTRICT: 11 ASSESSORS PROPERTY MAP NO.: 107 C
LOT NO.: 16
OWNER OF RECORD: Metrowest Realty LI-C, 40 Sylvan Road, Waltham, MA 02451
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 05326 PAGE 0269 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc.).
Owner
CURRENT USE: National Grid (public utility) electric operations center,
PROPOSED USE: National Grid (public utility) electric operations center.
PREVIOUS VARIANCE GRANTED: YES—NO—DECISION NOJDATE:
OTHER REGULATORY REVIEW: YES X NO IF YES, DESCRIBE STATUS:
Order of Conditions issued by North Andover Conservation Commission, MassDEP File#242-1830
I 1I 1� ':1:: F;� 111 ril e�n
-PUT9T=10-the MaMchusetts Vetlan is Protection Ilirlr 1::lf
EXISTING CONDITIONS DESCRIPTION:
.Property is a-developed site-with maintenance and offae..buildings_pamed parking-areaaJDL21eLtEic—
service utility vehicles; eg. bucket trucks, and storage of materials and equipment for utility electrical
servir,�_ u1i'litrpole", ransftyrme
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
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1. Briefly describe all proposed changes to the structure(s) and/or use(s):
The proposed change is the construction of a "pole barn" (accessory structure). A"pole barn" is a three-sided, roofed
structure. The purpose of the proposed pole barn is weather protection for electric service bucket trucks. Weather
protection for the electric service bucket trucks would reduce vehicle preparation response times during snow storms for
electric service calls. The proposed pole barn would be located near the westerly property border at an existing paved area
where the bucket trucks currently park when not on service calls. The pole barn would be 41.1 ft. from the westerly
property border at its nearest point. 1
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No changes to site use are proposed.
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2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
North Andover Zoning Bylaw§ 195-7.3. Yards, insufficient rear setbacks and North Andover Zoning Attachment 3"Table
2: Summary of Dimensional Requirements", Proposed Pole barn in Industrial One Zoning District. Required rear setback in
Industrial One Zoning is 100 ft. Applicant is proposing a setback of 41.1 Feet .Variance of 58.9 feet would be needed.
ZONING 195 Attachment 3 Town of North Andover Table 2: Summary Of Dimensional Requirements [Amended 6-18-2019
STM by Art. 1; 0-17-2021 ATM by Art. 27) 3. Adjacent to residential districts, the required side or rear setback shall be 100
feet. The first 50 feet of such setback abutting the residential district shall remain open and green, be suitably landscaped,
un-built upon, unpaved and not parked upon.
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
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The variance seeks relief from the rear yard setback requirements of North Andover Zoning Bylaw § 195-7.3. Yards
(setbacks) and Town of North Andover Zoning Attachment 3 "Table 2: Summary of Dimensional Requirements". Table 2
specifies a minimum 50 ft. rear yard set back in Ind. 1 (11)zoning. The property is abutted to the west by land zoned R2.
Table 2 Footnote 3 states "Adjacent to residential districts, the required side or rear setback shall be 100 feet. The first 50
feet of such setback abutting the residential district shall remain open and green, be suitably landscaped, un-built upon,
unpaved and not parked upon."
The variance, if granted, would permit construction of the pole barn within 41.1 ft. of the westerly property border(at its
nearest point) and waive the requirement for the first 50 to remain open and green, be suitably landscaped, un-built upon,
unpaved and not parked upon.
The pole barn could not be sited elsewhere on the property due to environmental (wetlands) restrictions, conflicts with
passenger vehicle parking and maneuvering areas, and proximity to the existing maintenance garage.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
North Andover Zoning Board of Appeals Petition for a Variance (this form)
Signed Zoning Bylaw Review Form (Zoning Bylaw Denial Form)
Buildinq Permit Application
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Certified Plot Plan All changes outlined in red
Floor flans (four (4) elevations and plans, all floor plans, existing and proposed)
McKenzie Engineering Co., Inc. drawing D2-1 DEMO PLAN SITE PLAN/GRADING
McKenzie Engineering Co., Inc. drawing A2-1 LAYOUT PLAN SECTIONS & DETALLS (floor plan)
McKenzie Engineering Co., Inc. drawing A2-2 ELEVATIONS DETAILS (north, south and east elevations)
McKenzie Engineering Co., Inc. drawing A2-3 WEST ELEVATION
Package Steel perspective drawing (05-21-24)
Abutters List, certified copy frorn Assessors Office
Deed of the Land
Letter of Authorization from Owner
List of the names and addresses of the principals, officers and/or managers for property owner Metrowest Realty LLC
SUPPORTING STATEMENT
POR1111i'V C(M'N.d::!'1' 01't:"f1(,
1. Describe the special circumstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel:
There are no special circumstances related to soil conditions, the shape or the topography of the land or structure. The
location of the structure. The existing first 30 ft. +I-(average)from the westerly property border are and would remain open
and green, un-built upon, unpaved and not parked upon.
2, Specify how the circumstances do not generally affect other properties h tlie zoning district;
There would be no change in operations at the site resulting from the which have been ongoing for over 25 years. Utility
service vehicles currently present on site would continue to circulate around the site in the same manner and park in the
same location.
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3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner;
Literal enforcement of the Bylaw would prevent construction of the pole barn in the proposed location. The pole barn could
not be sited elsewhere on the property due to wetlands restrictions, conflicts with passenger vehicle parking and
maneuvering areas, and proximity to the existing maintenance garage. Not having the weather protection that would be
provided by the pole barn would result in continued longer response times for electric service calls during snow storms.
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or'structure:
The pole barn could not be sited elsewhere on the property due to wetlands restrictions, conflicts with passenger vehicle
parking and maneuvering areas, and proximity to the existing maintenance garage. Not having the weather protection that
would be provided by the pole barn would result in continued longer response times for electric service calls during snow
storms.
5. Explain why granting the proposer/ variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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The purpose and intent of the North Andover Bylaw is to ensure that property development and usage is considerate of the
community at large by regulating uses and providing development criteria; eg. property line setbacks. The requested
variance would permit the construction of a structure which will help to mitigate sounds from existing idling electric utility
service vehicles.
6. Describe the impact on the neighborhood and ]low it will not be detrimental to the neighborhood or the '
public welfare:
No negative impact on the neighborhood or public welfare is anticipated. The pole barn would be located 250 ft. from the
closest residential structure at 4 Evergreen Drive. An existing mature tree buffer would screen the pole barn from this
residence.
7A. Difference from Zoning Bylaw requireinents: Indicate the di►nension(s) that will not ineet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq. Ft. Open Space Percentage Lot Frontage Parkin-
Coverage Feet Spaces Front Side A Side B Rear
A. %
41.1
B.
713. Existing Lot:
Minimrun Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B [tear
1,368,024 909,740 33 % 1,058+/- 298 260 129.7 1562.8 67.5
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7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq. Ft. Open Space Percentage Lot Frontage Parking
Sq,Ft. Coverage Feet Spaces Front Side A Side B Rear
1,368,024 909,740 33 % 1,058+1- 291 260 29.7 562.8 41.1
%
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71). Required Lot: (As required by Zoning Bylaw&Table 2)
Mininwm Lot Setback
Lot Area Sq. Ft. Open Space Percentage Lot Frontage Parking
So. Ft. Govera e Feet spaces Front Side A Sine S Rear
80,000 --- 35 °�° 160 244 50 50 50 100
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A, Existing Bnildi>iMg(s):
Ground Floor Sq. Number of total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
19,400 2 < 55 ft. 38,800 Office
38,940 1 < 55 ft. 38,940 Garage
7,650 1 < 55 ft. 7,650 Garage
*References Uses from the Zoning Bylaw&Table 1,
SB. Proposed Building(s): Slate number of units in building(s).
Ground Floor Sq. Number of Total Sq. Number
Ft, Floors Height Ft. Use of Building* of Units*
3,060 1 3,060 Garage (pole barn, not fully enclosed) 1
*References Uses from the Zoning Bylaw
**State number of units in buiiding(s),
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Solano'es ofpetitioner(s)are required)
I am(we are) the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
l. I (we) grant permission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. I (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my (our) petition;
3. I (we) certify that all the statements within this application and attaclunents are true and accurate to the
best of my (our) knowledge and belief.
X 913l2024
see inrlusled
{Petitioner Si tore (Date) 8/21/2024 Letter of
Authorization
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(Petitioner Signature) (Date)
IfAl)plicable:
Name of Attorney/Agent for Applicant: Michael Mullaney, McKenzie Engineering Co., Inc.
Address of Attorney/Agent:305 Whitney Street, Leominster, MA 01453
Phone Number of Attorney/Agent:(978) 537-8210
Email Address of Attorney/Agent: mmullaney@mckenzieine.com
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE E
9. PLAN OF LAND 6. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant, owner or
be accompanied by the 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 the 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 information
A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required When the application further information may be required.
involves new corrstrnetion/conversionlair(l/or•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 the Andover"for the cost of first class,certified,
following whether existing or proposed; return receipt x#of all parties in interest
1). Five(5)or•more parking spaces, identified in M.G.L ch. 40A §l I on abutters list
l.[}. Three(3)or more dwelling units, for the legal notice check. Also, the applicant
1II).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 on the abutter's list,phis an
&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
4 Size of plan: Ten (10)paper copies of I"x2-5/8"(Three(3)copies for the Legal, and
a plan not to exceed l 1"x17", one(1)copy for the Decision mailing),
Preferred scale of 1"=40'
U). Plan shall be prepared,stamped and 10. C, Applicant shall provide a check or
certified by a Registered Professional motley 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
X9. C. *Required .Features On Plan.
4 Site Orientation shall include,
I. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on 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
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