Loading...
HomeMy WebLinkAboutMiscellaneous - 8 MARBLEHEAD STREET Town of North Andover ZONING BOARD OF APPEALS Albert P.Marin 111,Esq.Adman NORTH Ell.P.Mdntyre,Vw-CW m os�I.. ;.?Ne 2813 `' r Richard J.Byers.Esq.Cork JUN 28 D.Paul Koch Jr. i AH o:2 Assn Cusda 1. . Michael P.Liporto 'L��-,.....••4f MASS �'C. Doug Ludgio Deney Morgmthal f $ 1'wn ClerkTime Stung Any appeal shall be filed within(20) Notice of Decision days after the date of filing of this Year 2013 notice in the office of the Town Clerk, er Mass.Gen.L.ch.40A 17 Pro a at: s Marblehead street.North Andover,MA WN5 NAME Owner:Duck Bridge Realty Trust,John HEARING(S): 18 June 2013 Greeley'Trustee A licant:James Broadhurst ADDRESS 8 Marblehead Street I PETITION 2013-004 The North Andover Board of Appeals held a public hearing at The Senior Center, at 120R Main Street, North Andover, MA on Tuesday, June 181b, 2013 at 7:30 PM on the applicant of James Broadhurst, EKeys4Cars located at 8 Marblehead (Map 8, Parcel 4), North Andover, MA 01845. Petitioner is requesting a Special Permit from 4.135 and 4.135, 8 of the Zoning Bylaw to allow for a retail automotive locksmith service in the I-S Zone. Legal notices were sent to all the certified abutters provided by the Town of North Andover,Assessors Office,and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on June 4 2013 &lune 11,2013. The following voting members were present: Albert P.Manzi III Esq,Ellen McIntyre,Richard J. Byers, D Paul Koch Jr,and Allen Cuscia. Byers made a motion to GRANT the Special Permit to allow for a retail automotive locksmith service in an I-S Zone from 4.135 and 4.135, 8 of the Zoning Bylaw. Koch second the motion All those in favor to Grant the Special Permit: Albert P.Manzi III,Ellen P.Mchltyre,Richard J. Byers, D.Paul Koch Jr.,and Allan Cuscia. All in Favor 5-0 The Board finds that this use, of a retail automotive locksmith service in the I-S Zone, as developed by the building and site plans, will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or pedestrians since there are provisions for the required off-street parking. Adequate and appropriate facilities are provided to operate a retail automotive locksmith service in the I-S Zone. The Board finds that the automotive locksmith retail service will not be substantially more detrimental than the existing dwelling to the neighborhood and that this use of an automotive locksmith retail service will be in harmony with the neighborhood and general purpose and intent of this Bylaw. Y Page 1 of ek. . yr Special Permit: 8 Marblehead(Map 8,Parcel 4),North Andover,MA 01845 from Section 4.135 and 4.135, 8 of the Zoning Bylaw in the I-S Zone Plan(s)Title: 1) "Certified Plot Plan"dated 14 May 2013 and revised June 30,2013, containing one(1)sheet(showing parking and including handicap parking spot) Prepared by Meisner Brem Corporation,of Littleton Road Westford,MA& 151 Main Street Salem NH 03079 2) `proposed Front(west)Elevation"and proposed Side(north) containing one (1)sheet,proposed Modifications Plan Drawings containing one (1)sheet,existing Front(west)elevation,existing side(north)existing side(south)and existing rear(east)elevation containing one (1)sheet;prepared by Warrick Associates,INC., Architecture 151 Main Street Salem NH 03079 Voting in favor: Albert P.Manzi III Esq.,Ellen McIntyre, Richard J.Byers,D Paul Koch Jr, and Allen Cuscia Voting in the Negative: I NA The Board finds that the applicant has satisfied the provisions of from Section 4.135 and 4.135, 8 of the Zoning Bylaw in the I-S Zone located at 8 Marblehead(Map 8,Parcel 4),North Andover,MA 01845 to allow for a retail automotive locksmith service. Notes: 1. This decision shall not be in effect until a copy of this decision is recorded at the Essex County Registry of Deeds, Northern District at the applicant's expense. 2. The granting of the Special Permit(shnid Variance as requested by the applicant does not necessarily ensure the granting of a building permit as the applicant must abide by all applicable local,state,and federal building codes and regulations, prior to the issuance of a building permit as required by the Inspector of Buildings. 3. If the rights authorized by the Special Permit me not exercised within two(2)years of the date of the grant,it shall lapse, and may be re-established only after notice,and a new hearing, qt-AJ l sF Norpi Andover Zoning B and of Appeals 6lKert P.Manzi III,Esq.,Chairman Ellen P.McIntyre, Vice-Chairman Richard J.Byers,Esq.,Clerk D.Paul Koch Jr. Allan Cuscia Decision 2013 -004 Page 2 of GSQ 1—F-rn _� :'MOPTP:e4 Zoning Bylaw Review Form ,{� Town Of North Andover Building Department t yR ,,,�,�Nu�� 1600 Osgood St. Bldg 20 Suite 2-36 North Andover, MA. 01845 Phone 978-688-9545 Fax 978-688-9542 Street: 8 Marblehead Road Ma /Lot: Ma 8 Lot 4 Applicant: James Broadhu t '°E-KEYS-4-CARS" Request: I Permit an auto Service Use Date: I May 15 2013 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning 1-S OWNER:John G eley Trustee, Duck ridge Realty Trust Item Notes I I Item Notes A Lot Area F I Frontage 1 Lot area Insufficient 1FroFronts a Insufficient 2 Lot Area Preexisting X 2 nts a Complies X 3 Lot Area Com lies - 3 Preexistingfrontage 4 Insufficient lnfortnation4 Insufficient information B Use 5 No access over Frontage 1 Allowed - G Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting 2 Complies 4 -Special Permit Required X 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information X C Setback H Building Height 1 All setbacks comolv 1 Height Exceeds Maximum 2 Front Insufficient 2 A&B 2 Complies X 3 Left Side Insufficient 3 Preexisting Height 4 Ri ht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexistin setbacks X 1 overage exceeds maximum 7 Insufficient Information 2 Covera a Complies D Watershed 3 Coverage Preexisting X 1 Not in Watershed X 4 Insufficient Information ;7 In Watershed J Sign 3 Lot prior to 10/24/94 1 Sign not allowed PN/A4 Zone to be Determined 2 Si n Com lies5 Insufficient Information 3 Insufficient Information Historic District K Parking In District review reuired 1 More Parkin R uired otin district X 2 Parkin Com lies 3 Insufficient Information 3Insufficient Information 4 Preexistin Parkin Remedy for the above is checked below. MA�ss Permits PlanningBoard Item# Variance Review S ecF Permit Setback variance ther than Fronts e S ecial PermhE. tionLot 5 ectal Pernit Ddvewa S ecial Permit Hei ht Variance te Housin S ectal Permit Variance for Si n g Care Retirement Special PermitS eclat Permits Zonis Board Independent Elden HousingSpecial Permit X S soul Permit Non-Conforming Use ZBA La a Estate Condo S ecial Permit Earth Removal Special Permit ZBA Planned Develo mem Distract S ecial Permit SR222S22 Pernit Use not Dated but Similar Planned Residential Special Permit S tial Permit for Sian R-6 Density Special Permit Special permit for preexisting nancenkrminc Plan Review Narrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side. Item Reasons for Reference Industrial "S' District 4.135 4. 135,8 By Special Permit, an automobile service Table 1: Summary of Use Regulations Auto Service Station -Special Permit "E-KEYS-4-CARS" AamerroAamer! 1 ewmnyDapr ( ) DoWs,n cw ( ) zonae ( ) REONflEMENP. MGL oA WWrl It 11111 pn PWnln 11 m wMm W4 OWr OW mean tre W WW, wwlygyxW-,W,.wjrW.,-I WWI.WWI,.MNln weIss1 Immo popery Ilne d WI Wh—u"grynm Oe—trxent aWW. 1.1 1.WWIW,aW Ines Ih.lane n.m—,.mal Iv nether Or 0-11W pannnp .Ir .Ne Wy.mare,ane the ry-,IW ho.Naavepwmnp aywumm' sveWx ProneWv: MAP PARCEL Name Address 8 4 Duck Bridge Realy PO Box 681 North Andover,MA 01845 Abutters Properties Map Parcel Nam Address 8 3 PP&S Realty Trust 105 Belmont Street North Andover,MA 01845 8 5 Mountain Really Trust 10 Corbett Rood Lawrence,MA 01843 8 6 Patricia Ellen Hom 22 Marblehead Street North Antlover,MA 01845 8 7 Joseph Metlolo 24 Marblehead Street North Andover,MA 01845 8 8 Shawn Powers 30 Marblehead Street North Andover,MA 01845 8 9 Lynne Rudnick) 32 Marblehead Street North Andover,MA 01845 a 10 Richard Melillo 3438 Marblehead Street North Antlover,MA 01845 8 23 Thomas Lachance 31 Marblehead Street North Andover,MA 011545 8 24 John Monogr 27-29 Marblehead Street North Andover,MA 01845 8 25 Paul Ma into 25 Marblehead Street North Antlover,MA 01845 8 26 Surendra Mukerjee 19 Marblehead Street North Andover,MA 01845 e 27 Richard McCubbin 17 Marblehead Street North Andover,MA 01845 a 40 Laurie Burdach 38-00 Marblehead Street North Andover,MA 01845 13 6 North Andover Housing Authority 310 Greene Street North Andover,MA 01845 13 7 JKM Realty Trust 91 Belmont Street North Andover,MA 01845 13 29 John Scalers 82 Belmont Street North Andover,MA 01845 13 31 John Sansoucle 90 Belmont Street North Andover,MA 01845 13 33 Town of North Andover 120 Main Street North Andover,MA 0184.5 13 34 John Boddy, 1687 Bridge Street Dracut,MA 01826 Dare 4AM013 This garlifies that the names appearing on the Paso + er + recordsf the Assessors Office as of Pl u0 z A, oI , Certified by' Date /a Duck Bridge Realty Trust P.O. Box 681 North Andover, MA 01845 May 15, 2013 Town of North Andover To Whom It May Concern: I, Susan L. Greeley, Trustee of Duck Bridge Realty Trust, which owns 8 Marblehead St, North Andover, MA, authorizes J. Broadhurst to apply for a special permit through the Town of North Andover Zoning Board of Appeals. Sincerely, Susan L. Greele Trustee V Y Duck Bridge Realty Trust Special Permit Memorandum James Broadhurst 8 Marblehead St North Andover, MA l.a. The property will be used as an automotive locksmith business. The business currently consist of (4) mobile vans, a work shop, store room and offices. These vans are stocked at the home base and are dispatched out of the office to remote locations to perform emergency services and provide spare remotes and keys to our customer base. Two vans remain on site overnight while the remaining two are in service with an on-call technician and a supervisor. As an accessory use (currently 1:8) we have customers come to our location to provide these same services. 1.b. The current long term tenant has a light manufacturing, book storage/sales operation. 2.The Marblehead site has adequate space and with the addition of the proposed entry will be suitable for storing our vans and servicing our customers. The location is such that our vans and customers will access the property from Sutton St. with limited impact on surrounding abutters. 3. All deliveries will be by UPS and or Federal Express and we generate very little trash. A small (<3yds) dumpster may be employed. Our service vehicles are Chevy Expresses and Nissan NVs and our technicians driving records are scrutinized by our insurance provider. 4. See attached site plan drawings. The facility is adequate for the use. 5.The use (automotive servicing) is allowed in accordance with para.4.135.8, as an accessory use to the principal use and meets the intent of the ordinance. 6. There are no special circumstances or criteria required for this special permit. Community Development Division Planning Department TRC Meeting Meeting Minutes April 3,2012 1600 Osgood Street 10:00 AM Staff Present: Judy Tymon, Fred McCarthy,Jerry Brown, Heidi Gaffney,lean Enright CC: Tim Willet,Andy Melnikas, Karen Fitzgibbons,Joyce Bradshaw, Michele Grant,Susan Sawyer,Lisa Blackburn,Jennifer Hughes,John Carney,Gene Willis,Curt Bellavance,Andrew Maylor,Jennifer Hughes, Lois McGinnis Subject: 8 Marblehead Street The property located at 8 Marblehead Street is currently for sale. Jim Broadhurst would like to purchase the building and open his business, "Ekeys 4 cars". The business would operate Monday through Friday B:OOam-S:OOpm and Saturday 9:OOam-2:OOpm and Include a retail shop,service bay,waiting room,and storage/office area. There are four on-call service vehicles that are on the road each day. Two of these vehicles would be stored on the premises overnight and two would be driven home by employees. Jim currently operates his business in Windham, NH. He anticipates approximately 10-20 customers to visit the site per day. There have been previous businesses located in this building; including,a fish wholesale business,a fireplace operation,and a curtain shop. Jim intends to renovate the interior of the building in order to divide a service bay area from a waiting room area and to install an overhead garage door and a handicap ramp. The footprint of the existing building would not change. The current owner leases a portion of the building to an existing business. If Jim is successful in purchasing the building he will continue to lease this space to the existing business. J.Tvmon: Since there will not be a change to the footprint of the building nor substantial changes to the exterior this would qualify for a waiver of Site Plan Review. This type of operation is an allowed use. J. Brown: A Special Permit from the Zoning Board of Appeals is required for this use. Once the Special Permit is issued and the appeal period has passed the building permit process can begin. The non-accessibility issue will need to be addressed and the building will need to meet building code and Fire Department requirements. A building code analysis,engineered plan,and fire protection plan will be required for a building permit. S.Sawyer: If a dumpster greater than 3 yards is needed a Health Department permit will be required. H. Gaffney: The Conservation Department will not be involved since there are no wetlands in the area and there will not be any changes to the footprint of the building. J.Carney: There are no public safety issues with this project. Once the business is established emergency contact information should be provided to the Police Department. Town of North Andover t Office of the Planning Department Community Development and Services Division Osgood Landing 1600 Osgood Street Building#20,Suite 2-36 P(978)688-9535 North Andover,Massachusetts 01845 F(978)688-9542 James Broadhurst EKeys4Cars 60 Rockingham Road#20 Windham,NH 02087 April 16,2013 Dear Mr.Broadhurst, According to the North Andover Zoning Bylaw Section 8.3.2.c.i,Waiver of Site Plan Review,the changes you are proposing to the building located at 8 Marblehead St. St.will not require an application for Site Plan Review. The waiver request is granted based on the following information: • The property is currently vacant and the use proposed is automobile related retail,a use which is permitted by Special Permit in the Industrial S Zone,according to the Town of North Andover Zoning Bylaw section 4.135.8. • The footprint of the building will remain the same and there will be no changes to the parking and or to the landscaped areas. • New signage will require a sign permit from the Building Inspector. If there are any questions,please let me know. Regards, Judith Tymon,AICP _ cc:Jerry Brown,Inspector of Buildings BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 North Andover MIMAP May 14,2013 Lwwmtt y 8 ot��t xxw.tee,.x. n,.T, nm��Wu.m.«r NORTry -11S, Clo" JRE, xepwWveq Mimno� 11 .use x•740 wva AAF— eanw °fix Em memX'vm neary t1 ' . L uMVFrMauG6- ap oa.,eis O y �WM+SIFI.RE iN Iv'walwwrvl, OF TREEE DATA THE TORM4 OF..FDR ARUCUFR[OFF ETOMOSISSITEADEOVER THE wrorw.EE. ^ssaunreo wNN.NE USE OR MISUSE OF °+�cxusss 1'=43fl ¢'