HomeMy WebLinkAboutCorrespondence - 54 PHILLIPS COURT 12/7/2016 SMOLAK & VAUGHAN
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals
Applicant/Owner: Ryan Schruender
Property: 54 Phillips Court and 320 Pleasant Street
Map 95, Parcels 35 and 36
Date: December 7, 2016
This matter was initially opened on June 28,2016. The Applicant,Ryan
Schruender,is requesting dimensional variances to allow for the maintenance of an
existing two family home on an existing lot of record at 54 Phillips Court and to allow
for the construction of a new single family home on an adjacent existing lot of record on
Phillips Court known and numbered as 320 Pleasant Street. The matter has been
continued on two occasions with the Board and abutter considering abutter input and
concerns. At the most recent hearing the Applicant presented a concept plan for a new
home design that was believed to be more consistent with the existing neighborhood.
The hearing was further extended thereafter at the request of the Applicant.
The purpose of this memo is to respond and provide background with respect to
the remaining issues raised by the Board at the prior hearings. These matters are
addressed in turn as follows:
1. Basis for Variance. At the prior hearing an issue was raised by an abutter with
respect to the basis for the variance. The basis for the variance and issues related
to shape and topography of the lot were addressed in the Applicant's initial
memorandum in support of the variance and were discussed on the record at
the initial hearing. But as a supplement to that memo and testimony,we would
also note that there are peculiar soil conditions which effect the lot. In
connection with developing a drainage plan the Applicant's engineer dug a
number of test pits and noted that there was an eighteen inch layer of loam,
beneath which there was four to five feet of sandy clay,and beneath which there
was a layer of more dense clay. The clay soils are not conducive to good
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Memo to North Andover ZBA
Re:54 Phillips Court and 320 Pleasant Street
December 7,2016
drainage which explains existing drainage conditions in the neighborhood. As a
result of the unusual clay soils (which are not typical to the district),combined
with the topography a hardship exists which is noted by the Applicant's
historical concerns with water in the basement of the existing home at 54-56
Phillips Court. Allowing the issuance of the variance and the construction of the
new home will also allow the applicant an opportunity to address the drainage
concerns with construction of drainage improvements as will be discussed in a
later section of this memo.
2. Design and Size. One issue of concern to neighbors and the Board raised in our
initial hearing was with respect to the size and design of the proposed home.
The Applicant submitted a concept plan at the most recent hearing and has now
submitted a proposed final architectural plan set with this memo. The home has
been substantially reduced from the initial proposed footprint and design and
has been reduced to provide for 1,153 SF of first floor living space and 1,244 SF
of second floor living space (2,397 SF total living space) as shown in the
submitted floor plans. The design is believed to be consistent with the existing
homes in the neighborhood so as to address the stated concerns of a number of
Board members and abutters. The Applicant has also submitted a revised site
plan with its application depicting the proposed foundation consistent with the
architectural plan set.
3. Drainage. A request was also made for the Applicant to address drainage issues.
Based upon the clay soils as discussed in Section 1 of the memo above,the
Applicant's engineer believes that the best drainage design for the lot would be
to install dry wells and to redirect the water to the rear of the lot.The
Applicant's engineer suggested that due to the clay soil conditions,it would be
his recommendation,in fact,that two dry wells be installed rather than one. In
addition to a French drain system tying into the dry wells to redirect water flow,
the home would have gutters installed also being redirected to the dry wells at
the rear of the lot. This system should then improve the existing conditions by
redirecting flows to the dry wells and then to the natural drainage to the rear of
the lots. Plans showing the proposed drainage improvements will be provided
at the upcoming hearing.
4. Landscapian . The Applicant's intention is to maintain as much green and
buffering as is feasible. hi connection with the most recent and final design of
the home,the screened porch and bulkhead to the rear were relocated northerly
in an effort to save the large oak tree and as much existing trees and greenery as
possible to the rear of the lot. The maintenance of this tree and additional
proposed plantings to provide buffering and screening will be shown on the
proposed landscape plan which will be provided at the upcoming hearing.
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Memo to North Andover ZBA
Re:54 Phillips Court and 320 Pleasant Street
December 7,2016
Respectfully submitted,
Ryan.Schruender
By his atto
Brian G.Va h xi.,Esq.
SMOLAK& UGHAN LLP
21 High Street,Suite 301
North Andover,Massachusetts 01845
Tel. (978) 327-5217
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