HomeMy WebLinkAbout2012-03-20 Planning Board Supplemental Materials (151)
Town of North Andover
Office of the Planning Department
Community Development and Services Division
1600 Osgood Street
North Andover, Massachusetts 01845
TO:
Planning Board
FROM:
Judy Tymon, Town Planner
RE:
1018 Osgood Zoning Analysis
DATE:
March 12, 2012
The following is a summary of the existing zoning in the immediate area surrounding 8 Marblehead St:
Industrial – S.
The parcel is currently zoned
The parcel contains an abandoned 9,000 sq. ft. building that looks like it had been used for offices
and warehousing.
This zoning allows, among other uses, research and development; light manufacturing; printing
and reproduction; business and professional office; bank, post office; warehousing and wholesaling;
by Special Permit gas station, restaurant, retail food but not other retail store of any kind.
The parcel abuts the rail line and Sutton St. on one side. There are 4 additional parcels zoned Industrial-S:
The other businesses in the Industrial-S include a construction contractor, Callahan AC/Heating and
a building containing various electrical, plumbing and construction contractors. The construction
contractor abuts this parcel to the east.
Across the street from the parcel, also zoned Industrial-S, is a dance studio.
The local area is mainly residential, zoned as Residence-4.
The neighborhood is in the northwest corner of the town, abutting Lawrence and 495. The homes
are older, with a mix of single and two-family.
The Building Inspector recommends changing the Zoning for Industrial-S to allow retail stores of any kind
with a Special Permit, however, this change would affect all Industrial-S zones all of which are located in
the “downtown” area, along Riverview St, Sutton St. and between Main St. and High St. These areas
include the following business (among others):
21 High St complex
Converse/Schneider Electric
Condominiums in back of town hall
There are other options for accommodating the proposed business on the proposed parcel:
A.
Change the zoning for this parcel to a zone that would allow retail stores of any kind (e.g., General
Business), while leaving the zoning in place for other parcels in the district (spot zoning):
Changing the zoning for one parcel is usually considered “spot zoning”, which the courts have
described as “…a zoning change is designed solely for the economic benefit of the owner of the
property receiving special treatment and is not in accordance with a well considered plan for the
public welfare.” Any zoning change which provides a private benefit is a denial of equal protection
1
under the US and MA State Constitutions and it has been held by the courts to violate the
uniformity requirement in MGL ch. 40A, section 4: “Any zoning ordinance or by-law which
divides cities and towns into districts shall be uniform within the district for each class or kind of
structures or uses permitted.”
B.
Change the zoning for all 5 parcels in this area that are currently zoned Industrial-S:
The zoning bylaw currently contains 6 “business” districts: Business 1 through 4, Village
Commercial District and General Business District. The new zoning would have to contain all of the
uses that are currently in place so as not to render an existing use non-conforming. It would have to
include warehousing, building contractors and retail sales. The zone with the broadest description of
allowed businesses is the General Business zone, which allows:
Section 4.131. General Business District
1. Retail stores and wholesale stores, salesrooms, funeral parlors, showrooms or places for
any professional, artistic or mercantile activity, not involving manufacturing, also retail
bakeries or retail confectioneries.
2