HomeMy WebLinkAboutApplication - 575 OSGOOD STREET 11/30/2016 A
ffA HINCKLEY 28 State Street
Boston, MA 02109-1775
ALLEN
p:617-345-9000 f:617-345-9020
4
hinckleyallen.com
Patil A. Hedstrom
phedstrom(c7hinckleyallen.com
Direct Dial: (617)378-4154
November 30, 2016
Via Hand Delivery
Zoning Board of Appeals
120 Main Street
North Andover, MA 01845
Re: Request for Variance - Pond Pasture Lane at Rear of 575 Osgood Street
Dear Board Members:
As you know, my firm represents Pond Pasture LLC and Edgewood Retirement Community
(collectively, the"Applicant") in connection with an application for a variance from your Board
with respect to its proposed development located at the above-referenced property (the
"Project"). As a follow-up to your request at the hearing on November 1, 2016, 1 enclose for
your review and consideration the full file for the Project, which includes copies of the recent
Planning Board Decisions in connection with the required special permits.
At the Board's last hearing on this matter,the Chairman noted that the role of the Board is that of
a"gatekeeper". My client truly respects the roll you are asked to play and appreciates the
responsibility that accompanies it.
The Applicant believes that there are certain characteristics of the property related to soil
conditions, shape and topography of the land, but not affecting generally the zoning district in,
general, such that a literal enforcement of the provisions of the Town's By-laws will involve
substantial hardship to the Applicant. As the Applicant's engineer can further explain, the
existing hydric soils on the site, which predicate wetland areas, sets forth the limits of the
Watershed Protection Zone. Taking these conditions into consideration, the Project has been
situated on the parcel as far away from Lake Cochichewick as possible such that it will have no
adverse effect on the lake or the wetlands located on the parcel.
Moreover, the Applicant believes that desirable relief, in the form of the requested Variance, can
be granted by the Board, without detriment to the public good and without nullifying or
substantially derogating from the intent and purpose of the Town's By-laws. As the Project is
0,ALBANY BOSTON 0 CONCORD HARTFORD .0- NEW YORK 0 PROVIDENCE
HINCKLEY,ALLEN&SNYDER LLP,ATTORNEYS AT LAW
56161648 v1
November 30, 2016
Page 2
currently designed, the public will continue to have access over the property to enjoy the lake by
way of a trail system consisting of both existing and newly relocated trails.
Also, as previously mentioned the location of the facilities in relation to the property was
carefully considered and the Applicant firmly believes that the location of the Project is
appropriate for its use and will not adversely affect the neighborhood.
The Project and its proximity to the existing Edgewood campus provides adequate facilities for
the intended use and also satisfies all parking requirements so as not to create a nuisance or
serious hazard to pedestrians or vehicles.
Lastly, the intended use of the property will not be substantially more detrimental to the
neighborhood and is in harmony with the neighborhood and the general purpose and intent of the
Town's Bylaws, as it will complement the existing facilities on the adjacent Edgewood campus.
In light of the foregoing, the Applicant firmly believes that the Project satisfies all conditions
necessary for the Board to grant the Variance allowing the construction of a new permanent
structure within the Non-Discharge Zone pursuant to Section 4.136(3)(b)(iii)(1) and Section
4.136(3)(c)(ii)(3) of the Bylaw.
We look forward to meeting with you at your December meeting to discuss any questions you
may have with respect to the enclosed information.
Thank you for your consideration of this matter.
Very truly yours,
P—C-111
Paul A. Hedstrom
Enclosures
cc: Bob Coppola
0,ALBAN",' P, 80 TOVIg 0, CONCORD O� HARTFORD O� NEW YORK 0, c'R4 `DEA '.JCE
8'6BNC1,(..LEY,ALLEN&SNYDER UP,ATTORNEYS AT CAVY
56161648 v1