HomeMy WebLinkAboutLegal Document - 1665 GREAT POND ROAD 1/14/2016 SMOLAK & VAUGHAN MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owner: Technical Training Foundation Property: 1665 Great Pond Road (Map 62/Lot 19) Date: January 14, 2016 MEMORANDUM IN SUPPORT OF PETITION FOR`IARIANCE I. INTRODUCTION The Petitioner,Technical Training Foundation,a.k.a.Technical Training Foundation Trust,is requesting a variance to allow for the construction of a new single family home and associated driveway,utilities, drainage and grading in a Non- Disturbance Buffer Zone within the Watershed Protection District on a lot located on Great Pond Road. Specifically,the Petitioner is seeking relief pursuant to Section 4.136(3)(c)(ii)(3) of the Zoning Bylaw of the Town of North Andover,as amended (the "Zoning Bylaw")in the form of a variance to allow for the Owner to raze an existing residential structure and foundation on the property and to replace the existing foundation and construct of a new permanent structure on the lot. The new foundation and structure will be located in substantially the same location as the existing foundation and structure are presently located,but being moved slightly forward on the lot so as to allow for compliance with all setbacks. II. BACKGROUND The Petitioner is the owner of a parcel of land located at,and fronting on,Great Pond Road,which parcel is presently improved with a single family residential dwelling commonly known and numbered as 1665 Great Pond Road. The lot with the existing and newly proposed dwelling is shown on a plan entitled"ZBA Variance Plan,1665 Great Pond Road,North Andover, Mass.," dated January 12,2016,prepared by Andover {00096734;v1} East Mill,21 High Street,Suite 301,North Andover,MA 01845 WWW.SMOLAKVAUGHAN.COM Memo to North Andover ZBA Re:1665 Great Pond Road January 14,2016 Consultants Inc. (the"Plot Plari').The lot,which consists of 29,665 square feet in size (the"Property" or"Lot"),is located across the street from Lake Cochichewick in an established neighborhood and the existing home on the Property was constructed in 1966. The Property is designated on the Town of North Andover Assessors Maps as Map 62,Lot 19. The Petitioner acquired the Property in July,2000,as evidenced by a Deed,dated July 31,2000,and recorded with the Essex North Registry of Deeds at Book 5901,Page 155. A copy of the Deed and Plot Plan are included with the Petitioner's application. The Property is located in the Residence 1 ("R-1") Zoning District where the proposed use of the Property for a single family residential dwelling is permitted by right. But because the Lot was also determined to also be located in a Non-Disturbance Buffer Zone within the Watershed Protection District,pursuant to Section 4.136(3)(c)(ii)(3) of the Zoning Bylaw,the construction of a new residential dwelling on the Lot would require the issuance of a Special Permit by the Planning Board,following the issuance of a variance to allow for new construction by the Zoning Board of Appeals. Accordingly,when the Petitioner applied for a building permit to allow for the construction of a single family residential dwelling on the Lot,the Building Inspector issued a denial of the building permit(the"Denial Letter"),a copy of which is included with this filing,citing as the basis for denial that the proposed project requires both a Watershed Special Permit and Watershed Variance. It should be noted that there are existing nonconformities that are entitled to grandfathered protection.With respect to the lot area and street frontage for the Lot it should be noted that the Lot was created in 1966 by virtue of a Plan approved and endorsed by the North Andover Zoning Board of Appeals,recorded as Plan No. 16824, and further that the Lot enjoys the benefit of an existing variance dated March 18,1966 and recorded at Book 1066,Page 499 with respect to lot size. It should be noted that the Property continues to enjoy the benefit of the existing variance for lot area and that it constitutes a preexisting,lawful nonconforming lot with respect to frontage,because the Lot was otherwise lawfully laid out as a conforming lot(in compliance with then current dimensional requirements) for the R-1 zone in 1966,prior to zoning changes which thereafter increased the frontage requirements for the R-1 zone. As such,because the Lot constitutes a preexisting,lawful nonconforming lot,the Lot does not need to comply with certain current requirements of the Zoning Bylaws,including street frontage, as has been confirmed by the Building Commissioner. III. DISCUSSION As noted above,the Petitioner is requesting a Variance for the construction of a new permanent structure (single family residential dwelling and appurtenant improvements) pursuant to Section 4.136(3)(c)(ii)(3) of the Zoning Bylaw. {00096734;v1} 2 Memo to North Andover ZBA Re:1665 Great Pond Road January 14,2016 As a general matter,Section 4.136 of the Zoning Bylaw establishes the Watershed Protection District,which is divided into four separate zones: (i) a General Zone, (ii) a Non-Discharge Zone, (iii) a Non-Disturbance Zone,and (iv) a Conservation Zone. The Petitioner's Lot and project is deemed to be located in the"Non-Disturbance Zone' of the Watershed Protection District(note that because the Lot was created prior to October 24,1994,pursuant to Section 4.136.2.f of the Zoning Bylaw it was not subject to the enlargement of the Non-Disturbance Zone.) It is noted that the Lot is presently improved with a residential dwelling in approximately the same location of the proposed new structure.The Applicant could "by right" reconstruct the residential structure on the existing footprint pursuant to Section 4.136.c.ii.4 as the"replacement" of a permanent structure and without the need for the requested variance.The proposed project,however,contemplates the removal and replacement of the existing foundation.Among other factors,by slightly relocating the existing footprint of the structure as proposed,the Property is made to be more conforming to present zoning requirements by virtue of eliminating existing side yard nonconformities.The existing side setbacks,while nonconforming to present zoning requirement,are preexisting,lawful nonconforming. Nonetheless,if the structure is relocated as proposed all front and side setbacks will be made conforming to current zoning requirements. It is also noted that the Petitioner's Lot is located on an existing roadway within an existing residential neighborhood,with the existing roadway as an additional buffer to the lake and with nearby properties having been recently permitted and approved to include construction of single family residential structures being located closer to the lake than the proposal for the subject Property. Because the Property is located within the"Non-Disturbance Zone" of the Wetland Protection Act,a Variance is required from the Zoning Board as an initial step toward construction of a new residential dwelling on the Property. If a Watershed Variance is granted by the Zoning Board,it is noted of course that the project will nonetheless remain subject to permitting with and obtaining necessary approvals from the Planning Board. IV. BASIS FOR VARIANCE The Petitioner's proposed variance meets all of the conditions for granting of a variance, and each of the required elements A through F appearing in Section 9 of the Variance Application are addressed in this application,including as follows: A. Vie particular use proposed for the land or structure: The proposed use for the land will be for the construction of a single family residence which is an allowed use in the R-1 zone. {00096734;v1} 3 Memo to North Andover ZBA Re:1665 Great Pond Road January 14,2016 B. The circumstances relating to soil conditions, shape, or topography of suc12 land or structures especially ecting the property for zvhich the Vaijance is sought which do not a ct generallly the zoning district in zvhich the property is located: Because of the narrowing and angular shape toward the rear of the Lot,the side yard setbacks are able to be more easily complied with by moving the foundation slightly forward to the front of the Lot as is proposed by the Applicant. C. Facts zvhich make up tlw substantial hardship, {tnancial or otherwise, zvhich results from literal enforcement of t1w applicable zoning restrictions witli respect to the land or building for whicli the variance is sought:A literal enforcement of the Zoning Bylaw,without granting relief for a variance to construct the new foundation and residence,would substantially limit the Applicants ability to reconstruct the structure and would effectively require that the Applicant be limited to building a split entry home given the existing foundation and Lot topography,and thus creating a substantial financial hardship to the Petitioner because the value of the home will not be comparable to other new and existing nearby and adjacent homes in the neighborhood. D. Facts relied upon to support a finding that relief sought will be desirable and witl2out substantial detriment to the public good: The construction of a single family home will enhance the aesthetics of the lot. In all respects,the proposed single family residence will be consistent with other lots in the neighborhood, and therefore will not be a detriment to the public. Other abutting and nearby homes are constructed in closer proximity to the lake and aquifer than the subject Lot. Further,the Petitioner will be required to obtain all necessary approvals from the Planning Board,and it is anticipated that more protective improvements may be constructed with redevelopment of the Lot(including drainage swales and otherwise) than might presently exist. E. Facts relied upon to support a finding that relief sought mail be given without nulli6Lg or substantially derogating�from the intent or purpose of the Ordinance: Allowing the construction of the proposed residence will not derogate from the intent or purpose of the Zoning Bylaw because the proposed use is a permitted use in the R-1 zone and will allow development that is consistent with and in keeping with other properties in the neighborhood. The use is permitted by right and the appearance will remain consistent with other single family homes within the neighborhood. Further,to the extent development of the Property would have impact on the watershed or lake,it is noted(i) that the Property is on public sewer, (ii) that an existing home is presently on the Lot that might be maintained or reconstructed by right, and (iii) that the home proposed to be located on the Lot is of a further distance from the lake than many of the abutting and nearby homes and many other homes recently approved for construction within the Watershed Protection District. f00096734,0) 4 Memo to North Andover ZBA Re:1665 Great Pond Road January 14,2016 F. Subniit RDA from Conservation Commission when Contiguous Buildable Area is applied for in ZBA application: N/A;Contiguous Buildable Area is not applicable to this application. (Note: Lot predates applicability of CBA requirements per Section 7.1.1 of Zoning Bylaw.) Accordingly,for the reasons stated above,and others that will be presented at the hearing,the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance,and to allow the proposed construction of a single family residence on the Property. Respectfully submitted, Technical Training Foundation By its attorney, Brian G. Vaughan,Esq. SMOLAK&VAUGHAN LLP 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978) 327-5217 {00096734;v1} 5