HomeMy WebLinkAboutApplication - 1665 GREAT POND ROAD 1/14/2016 . y
+ IV E p�u
TOWN OF NORTH ANDOVER . 3
ZONING L,
NAME:
ADDRESS 0 P APPRAL�. � �� �������.�;� Town Clerk nme Stamp
Procedure quir m n
r an Application for aVarlance
Twelve(12)copies of the following information must be STEP 6.SCHEDULING OF HEARING AND
submitted thirty(�OJ days prior to the first public hearing. PREPARATION OF LEGAL.NOTICE:
Failure to submit the required information within the The Office of the Zoning hoard of Appeals schedules
time periods prescribed may result in a dismissal by the the applicant for a hearing date and prepares the legal
Zoning Board of an application as Incomplete. notice for mailing to the parties in interest(abutters)and
The information herein is an abstract of more for publication In the newspaper. The petitioner Is
specific requirements listed In the Zoning Board notified that the legal notice has been prepared and the
Rules and Regulations and is not meant to cost of the Party in Interest fee.
supersede them.The petitioner will complete items MP 7 DEiLt11ER OE, l.EC1�NC►TI!CE T
that are underlined NEV1faP`ApER
The petitioner picks up the legal notice from the Office
STEP 1; ADMINISTRATOR PERMIT(DENIAL. of the Zoning Board of Appeals and dofivers the legal
The petitioner applies for a Building permit and notice to the local newspaper for publication.
receivers a Zoning Bylaw Denial form completed by the
Building Commissioner. STEP Sz PUBLIC HEARING BEFORE THE ZONING
BOARD OF APP
STEP 2° !VARIANCE APPLIgaON FORM: The petitioner should appear In his/her behalf, or be
Petitioner completes an application form to petition the represented by an agent or+attomey. In the absence of
Board of Appeals for Variance, All information as any appearance without due cause on behalf of the
required in Items 1 through and Including 11 shalt be petition,the Board shall decide on the matter by using
completed. the Information it has received to date.
B, TEP . PLAN IP Ep TION; STEP 9. DECISION.
Petitioner submits all of the required plan information as Afterths hearing,a copy_of the Board's decision will be
cited in page 4, section 10 of this form. sent to all Parties In interest. Any appeal of the Board's
decision may be made pursuant to Massachusetts
STEP 4: O General Law ch..40A§17,within twenty(20)days after
The petitioner requests the Assessor's Office to compile the decision Is filed with the Town Clerk.
a certified list of Parties in.Interest(abutters).
SIEP 10. RECORDINQ THE DECISION AND PLANS.
STEPS: SUBMIT APPLIMIOt ; The petitioner Is responsible for recording cettlfication of
Petitioner submits one(1)original and eleven(11)Xerox the decision,the Mylar,and any accompanying plans at
copies of all the required information to the Town Clerk's the Essex County,North Registry of Deeds, 354
Office to be certified by the Town Clerk with the time Merrimack St.Suite#304,Lawrence MA,01843 and
and date of filing. The original will be left at the Town shall complete the Certification of Recording form and
Clerk's Office,and the 11 Xerox copies will be left with forward It to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department.
�� �aramrnr �ra ��,vtiaat�at l�tre'pYr�YvtoYatmOtc'+
IMPORTANT PNONE NUMBERS:
976-688-9538 Office of Community Dev.&Services North Andover Town Wall
1600 Osgood St., Bldg.20,Suite 2035 120 Main Street
North Andover, MA 01845 878-688-9501 Town Clerk's Office
970-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office PAGE .I of
PAGE 2OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE
1. Petitioner: *Name, *Address and telephone number:
Technical Training Foundation Trust
1429 Osgood Street , N. Andover , MA
(978) 685-1553
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Technical Training Foundation Trust
1429 Osgood Street , N . Andover , MA
(978) 685-1553
Years Owned Land:. 15
3. Location of Property:
a. Street: Great Pond Road Zoning District: R1
b. Assessors: Map number: 62 Lot Number: 19
c. Registry of Deeds: Book Number: 5901 Rage Number: 155
4. Zoning Bylaw Section(s)* under which the petition for the Variance is made.
4 . 136 Watershed Protection Division
*Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the Variance request:
Applicant is requesting a variance pursuant to section
4 . 136 . 3 . c . ii . 3 for construction of a new permanent
structure .
The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application,Failure by the applicant to describe the request clearly
may result In a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will
not involve additional items not included above.
S.A. Difference from Zoning Bylaw requirements: indicate the dimension(s)that will not meet
current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
A. 29665 % 150
B. %
i
Page 3 of 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for aVARIANCE
6 B. Existing Lot:
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
29665 150 104 . 6 25 . 1 28 . 4 83 . 2
6 C. Proposed Lot(s):
Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
29665 150 91 . 4 31 . 0 31 . 0 93 . 1
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
87120 175 30 . 0 30 . 0 30 . 0 30 . 0
7A. Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building' of Units**
1530 1 Residential 1
*Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s).
78. Proposed Eullding(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq.feet Building* of Units**
2200 2 30 4400 Residential 1
*Reference Uses frorp the Zoning Bylaw&Table 1.
**State number of units in building(s).
8. Petitioner.and Landowner signature(s):
Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every
application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting
documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals
does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal
notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may
result in a dismissal by the Zoning Board o is application as incom lei
Si nature:
Type above name(s) here: Suzanne Wright , Trustee
PAGE 4 OF 4 VARIANCE
9. WRITTEN DOCUMENTATION *10. 13. Plan Specifications:
Application for a Variance must be supported b
pp y a i) Size of plan: Ten(10)paper copies of a plan not h-
legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"=40'
detail all facts relied upon. When requesting a Variance 11) One(1)Mylar,with one block for Registry Use 1.
from the requirements of MGLA ch. 40A,Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date.
the North Andover Zoning By-laws, all dimensional )M Plan shall be prepared,stamped and certified
requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please
su pp orted.. All points,A-F,are required to be
note that plans by a Registered Professional Engineer,
addressed with this application. Registered Architect, and/or a Registered Landscape
Architect may be required for Major Projects.
A. The particular use proposed forthe land or *10 C. *Required Features On Plan;
StiUGIUFe. 1) Site Orientation shall include:
B. The circumstances relating to soil conditions,shape 1. north point k
or topography of such land or structures especially 2. zoning district(s)
affecting the property for which the Variance is 3, names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
district in which the property is located. 5. abutters of property,within 300'radius
C. Facts which make up the substantial:hardship, 6, locations of buildings on adjacent properties
financial or otherwise,which results from literal within 50'from applicants proposed structure
enforcement of the applicable zoning restrictions 7. deed-restrictions, easements.
with respect to the land or building for which the H) Legend&Graphic Aids shall include:
variance is sought. 1. Proposed features in solid lines&outlined in red
D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed]I nes
sought will be desirable and without substantial 3. Graphic Scales
detriment to the public good. 4. Date of Plan
E. Facts relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or 6. Names addresses and phone numbers of the
substantially derogating from the Intent or purpose applicant, owner or record,and land surveyor
of the Ordinance. 7. Locus
F. Submit RDA from Conservation Commission when 10 D. Minor Projects
Continuous Buildable Area is applied for in ZBA Minor projects,such as decks, sheds,and garages,`.
application. shall require only the plan information as indicated with ;
an.asterisk 0. In some cases further information may
10. PLAN OF LAND be required. w
Each application to the Zoning Board of Appeals shall
be accompanied by the following described plan. Plans 11. APPLICATION PILING PEES
must be submitted with this application to the Town 'I'I.A. Notification fees: Applicant shall provide a
Clerk's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover"for.
prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of
appeals. all parties in interest identified in MGLA ch. 40A§11
on the abutter's list for the legal notice check, Also,
A set of building elevation plans by a Registered the applicant shall supply first class postage stamps
Architect may be required when the application for each address listed on the abutter's list, plus an
involves new construction/conversion/and/or a additional 2 for the decision mailing.
proposed change in use. 11.B. Mailing labels:Applicant shall provide four(f)
sets of mailing labels no larger than 1"x2-5/3" (3 copies
10. A. Major Projects for the Legal,and one copy for the Decision mailing),
Major projects are those,which involve one of the 11. G. Applicant shall provide a check or money order '
following whether existing or proposed: to: "Town of North Andover"per 2005 Revised Fee
1)five (5) or more parking spaces, Schedule.
II)three(3)or more dwelling units, ;
M)2,000 square feet of building area. A Variance once granted by the ZBA will lapse rn
1 (one)year if not exercised and a new petition must:'_
Major Projects shall require,that in addition to the 10B& be submitted.-
10C features,that the plans show detailed utilities, soils,
and topographic Information.
Abutter to Abutter( I Building Dept. ( ) Conservation ( I Zoning ( )
TOWN of NORTH ANDOVER
ABUTTER LIST
REQUIREMENT: MGL 40A,Section 11 states in part"Parties in Interest as used in this chapter shall mean the petitioner,
abutters,owners of land directly opposite on any public or private way,and abutters to abutters within
three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable
tax list,not withstanding that the land of any such owner is located in another city or town,the planning
board of the city or town,and the planning board of every abutting city or town."
Subject Property:
MAP PARCEL Name Address
62 19 Ibrahim El Heini 1661 Great Pond Road
Abutters Properties
Map Parcel Name Address
35 22 Town of North Andover 120 Main Street North Andover,MA 01845
62 13 John C.Thompson 1725 Great Pond Road North Andover,MA 01845
62 14 Maureen A.Daher 1675 Great Pond Road North Andover,MA 01845
62 18 Paul J.Camasso 1689 Great Pond Road North Andover,MA 01845
62 12 Technical Training Found 1429 Osgood Street North Andover,MA 01845
62 22 Town of North Andover 120 Main Street North Andover,MA 01845
This certifies that the names appearing on the
records Of the Assessors office aS of
O&
-
Certified bv:,���'i Stu
I
i
OWNER AUTHORIZATION
1665 Great Pond Road, North Andover,MA
The undersigned, Suzanne Wright, Trustee of the Technical Training
Foundation, a.k.a. Technical Training Foundation Trust, is the record owner of
the real property known and numbered as 1665 Great Pond Road, North
Andover, Massachusetts 01845, by virtue of a deed recorded with Essex County
Northern District Registry of Deeds at Book 5901, Page 155 (the "Property").
As the record owner of the Property, please note that the undersigned
authorizes Smolak &Vaughan LLP and Andover Consultants, Inc. to submit any
and all applications and supporting information for permits and approvals in
connection with a proposed removal and reconstruction of a dwelling at the
Property, including without limitation, any submissions with the Planning
Board, Zoning Board of Appeals and/or Building Department of the Town of
North Andover, Massachusetts, in connection with pursuit,negotiation, and
obtaining any special permit(s), variance(s), or any other permits, approvals, or
consents necessary or desirable in connection with obtaining approvals for
razing the existing dwelling and construction of a new single family residential
structure at the Property.
Dated: January 14,2016
OWNER:
Suzanne Wright, Truste
Technical Training FdtKdation
{00096717;v1}
MASSACNUStrTTe QUITCLAIM Daa:D SNORT rOnM (INDIVIDUAL.) set
BK 5901 PG 1
! We, Ibrahim E1 Hefni and Wensley E1 Hefrni
Of North Andover, Essex County,Madsachusetts,
being .:,married,for coabsideration paid,and in full oonai of $1.00
Grant_
to said Ibrahim E1 Hefni and llensleyEl Hefni, as Trustees of Technical Training s
Foundation Trust created by a declaration of Trust dated September 30, 1985, amended
May 28, 1987, recorded with Essex North District Registry of Deeds in Dook 2744
page 144 and 152 and with Rockingham County Registry of Deeds in New F.ampshire, in
Book 2730, page 167 and 175.
of 1551 Osgood Street, Borth Andover, Essex__GOunty, MA
with quf#alRigi rouritub
theland and Buildings.
situated in North Andover, in said County
And Commonwealth, being-parcel number 25 as shown on plans entitled "land
.owns$ by E. & 11 Sorziuk, North Andover, Hassachusetts, July 1950, Charles
.�E. Clyr, O.E.,'! recorded with North Essex Registry of Deeds as Plan No.
2275, said parcel being more particularly bounded and described as
follpwa:
Beginning at tan•iron ipe in the northerly line of Great Pond Road
whio iron pipe is about 35542 feet easterly from Osgood Streetl thence
ttang and running northerly by land now or late of Stefanowicz about
250 set to a stone bound in the southwesterly side of a right of way;
thenre 'turning and xunaiag northeasterly across said right of way 70
feet to a stone bound; thence running again northeasterly to land now
or late of 3tefanowicz 100 feet to a stone bound at the land now or
latelof Stsinburl; thence turning and running southeasterly by land of
saidlSteinbertS 1s0 feet more or less to the most southeasterly stone
bo as shown on said plant thence turning and running southwesterly
by 1 now or late of Steinberg 100 feet to a stone bound in the north-
east rly line of a right of way; 'thence turning and running southeasterly
alo said northeasterly line of right of way about 120 feet to a stone
bound; thence running again southeasterly by said northeasterly line of
sa right of way about 275 feet to a atone bound in the northerly line of Ila
Great Pond Roadl thence turning and running westerly in two courses
0 along said northerly line of Great Pond Road 500 feet more or less to
an iron pipe and point of beginning. Containing in all 1.81 acres
more' or less, all bounds and measurements being shown on plan above 9.
n rot red to.
o Being the same premises conveyed to the grantor by deed of Marjorie Korziuk,dated July 19,
1965 and recorded in Essex North District Registry of Deeds in Book 1038,Page 449.
Ti
ro This conveyance is made subject to a certain 70 foot right of way as described in the aforesaid
deed recorded with said Registry of Deeds.
p
0
a. OC T 27'00 mlo:53
..I
y
`D llllesR ..............hand and seal this,......................
� ....des Of.......July....................s 4p..2000
y .... ...........1:1
Ibrahim E1 Hefni
................. .......� ' •-.............................
t; Wensley El P.efni
"
�ilmttttatttur<tdt� 9i
c [ SSr? > Its.
Then personally appeared the above named Ibrahim E1 Hefni and Wensley El Hefni
and acknowledged the foregoing instrument to be his and her ee act and deed befo me
Notary Public «
My eommisston axpl LXA
(+individual—Joint Tenants—Tasants in t
CHAPTi1R ISS SEC.6 AS AMMED BY CHAI ITR 497 OF 1969
Every deed presented for record shelf contain or have endorsed upon It the full Dams,residence and pfwost office address of the ggMtee
and a recital of the amount of the full consideration thereof In dollars or the nature of the other eonsidemtlon tissrcfor, if not dellvered
lot a specific monetary sum.The full wadderstion shall mean the total Pdm fot the conveyance without deduction for any liens or
ennunbrances assumed by the granter or rems.InISS thereon. All such o is and recitals shall be recorded $a part of the deed.
pailum to comply with this section sball not alert the validity of any deed. No register of deeds shall accept a deed for torordusg unless
n.nn.•lianre with the rnprirements of this section.
SMOLAK & VAUGHAN
T 0 F ftl F b :A. ,_ L ,A, Vy
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 VARIANCE
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 Plan'). 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. The 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 such land or
structures especially affecting the properhj,for which the Variance is sought which do
not affect generally the zoning district in zvhich the properfi,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 which make up the substantial hardship,financial or otherwise, zvhich results
from literal enforcement of the applicable zoning restrictions with respect to the land
or building,for which 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 without
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 nding that relief sought may be given without
nulli fig 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.
{00096734;v1} 4
Memo to North Andover ZBA
Re:1665 Great Pond Road
January 14,2016
F. Submit 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,
0
J
Brian G. Vaughan,Esq.
SMOLAK&VAUGHAN LLP
21 High Street,Suite 301
North Andover,Massachusetts 01845
Tel. (978)327-5217
{00096734;v1} 5