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HomeMy WebLinkAboutCorrespondence - 58 COUNTRY CLUB CIRCLE 3/1/2017 .AF Atlantic Engineering&Survey Consultants,Inc. John B.Paulson,P.L.S.President 97 Tenney Street Georgetown,MA 01833 George J.Zambouras,P.E. 978-352-7870 •978-352-9940(fax) atlantic84rr gmail.com 3 March 1, 2017 Town of North Andover Zoning Board of Appeals 120 Main Street North Andover, MA 01845 Attn: Mr. Donald Belanger Zoning Enforcement Officer Re: Section 9—Variance Application Points A-F 58 Country Club Circle,North Andover Dear Board Members, In accordance with the Zoning regulations of the Town of North Andover and on behalf of my client Mr. Donald Stanley, attached please find an application for a variance from section 4.136.3.c.iii.3 of the By-Law for the construction of new permanent structures within the Non- Disturb Buffer Zone of the Watershed Protection District. Below please find supporting documentation of the Application Points A through F which identify the particular site conditions that exist on the subject property for which the literal enforcement of the zoning law would cause hardship to the Applicant, and would be contrary to the public good and intent of the law. A. The parcel is a single family residential house lot located in the Residence 1 District(R1) and within the Watershed Protection Overlay District. The specific variance request is for the construction of new permanent structures within the Non-Disturb Buffer Zone which extends between 75' and 150' from the edge of a wetland resource area located within the Watershed Protection District. The new permanent structures proposed to be constructed under this variance request are residential accessory use structures consisting of; an in-ground swimming pool and its associated patio and enclosure fencing; and a segmented retaining wall to facilitate grading and the construction of the pool.No change in the proposed use of the property is proposed under this request. B. The parcel is a two(2) acre parcel located entirely within the Watershed Protection 1 Overlay District of which approximately 48% of the lot lies within the Non-Disturb Buffer Zone and Conservation Zone of the District. The parcel is hammer shaped with the bulk of the parcel, or the head of the hammer, being the northerly and westerly portion of the lot that fronts on Country Club Circle. The handle portion comprises the balance of the lot and is located on the easterly and southerly portion of the parcel. The handle portion of the lot consists of approximately 0.75 acres and is at a substantially lower elevation than the remainder of the parcel. The majority of this portion of the property is located in the Non-Disturb Buffer Zone and Conservation Zone of the District. Due to the differences in topography and the extent of the Non-Disturb Buffer Zone and Conservation Zone areas within this portion of the parcel, the construction of the pool and accessory structures is not feasible within this portion of the site. Additionally if the parcel was shaped as a traditional rectangular parcel rather than a hammer, additional area would be available for the construction of the pool. The hammer portion of the parcel, the bulk of which was previously disturbed during the development of the parcel, affords the only area of the lot where construction of the proposed structures is possible. The westerly 213 of the this area is where the existing dwelling and driveway are located thereby leaving the easterly third of the hammer portion,to the rear of the dwelling,the only feasible location for the swimming pool and the associated fencing and wall structures. A natural knoll exists along the northerly portion of this area which is suspected to be the result of shallow ledge. The placement of the pool within this area was avoided due to the possibility of ledge which is further explained below. The balance of the easterly portion to the rear of the dwelling was filled during the construction of the dwelling and is presently lawn area. This area presents the only viable location within the entire parcel for the placement of the pool and accessory structures. The topography in this area slopes down to the rear property line resulting in a grade differential of 12 feet. Due to this grade differential a retaining wall is necessary to support the pool construction. The site's geology further restricts the possible locations for the proposed pool and associated structures. Soils within the site are defined by NRCS as those being of the Chatfield-Hollis-Rock outcrop complex, (Refer to attached hydraulic report summary). Chatfield-Hollis-Rock complex soils are comprised of fine to gravelly sandy loamy with underlying unweathered bedrock. The presence of bedrock within the site is evident as a large bedrock outcrop exists within front of the yard between the driveway and Country Club Circle. Along the northerly and northeastern portion of the parcel a natural knoll exists, which was primarily left at its natural grade during the development of the parcel and is suspected to be the result of the shallow bedrock. Due to the presence of the underlying bedrock, the placement of the pool towards this knoll area will most likely result in the necessity to remove ledge. This will result in a financial hardship for ledge removal; cause a substantial disruption of the property and the surrounding area; necessitate increased levels of construction and increase the potential for the transportation of dust and sediments to resource areas during construction, all of which are detrimental to the intent or purpose of the Zoning Bylaw. 2 i As such the odd shape, topology and geologic conditions which exist on the parcel afford limited alternatives for the pool and associated structures without causing additional financial hardships all of which are not affected by the zoning district. C. As a result of the parcels shape,topology and geological features indicated above the placement of the pool and supporting structures is limited to three alternatives: • The first alternative: being the proposed area identified on the plans will require a variance. This area was previously altered by fill during the development of the property and will result in minimal disruption of additional natural land which supports the intent of the Watershed Protection District. This area also affords the most economical location for the pool,wall and associated structures. • The second alternative: is to locate the pool northerly from the planned location a sufficient distance to eliminate the necessity of constructing the pool, retaining wall within the Non-Disturb Buffer Zone. A plan depicting this alternative is attached to these supporting documents and is identified as Alternative 2. This alternative requires the pool to be located partially within the natural knoll adjacent to the northeast corner of the dwelling. This location would result in an increased of impervious patio area and most likely require the removal of bedrock for the installation of the pool. This alterative would increase the amount of activity required for construction within the Watershed Protection District and increase the extent of impervious area, each of which is contrary to the intent of the Overlay District. This location would also result in a substantial financial hardship resulting from the increased construction cost associated with the removal of the ledge. • As no other viable alternatives exist or are possible within the site for the location of the pool, wall and supporting structures,the third alternative is a no-build alternative. As the intent of the planned improvements is to increase the usable area of the rear yard within the limits previously disturbed, improve the aesthetics of the rear yard and to increase the value of the property. This alternative would result in the loss of improved aesthetics of the property and loss in the future resale value of the property. D. The relief sought is for the construction the new permanent structures consisting of a pool, retaining wall and fence which are typical and normal accessory structures located in residential districts and are allowed by right in the underlying Residential District. The construction of these structures will not result in an increase of density; will not add to traffic congestion or deter from providing adequate light or air;will not result in an increase of hazards; will not affect water quality and will not result in a substantial detriment to the public good. E. The Watershed Protection Overlay District is to provide protection to the Town's sole water supply Lake Cochichewick through the preservation and purity of the ground water, the lake and its tributaries; and to maintain the ground water table; filtration and purification functions of the land; while conserving the natural environment. As proposed the construction of the swimming pool,retaining wall and fence enclosure is located in an area, the majority of which has been previously disturbed during the 3 f E. development of the parcel therefore minimal new undeveloped areas of the environment will be disturbed. Additionally two Bioretention Areas (Rain Gardens) are proposed to capture run-off from impervious surfaces which will provide for the treatment of stormwater run-off and enable recharge of stormwater to pre-development levels. The incorporation of these Bioretention Areas insures the protection of the town's water supply through the preservation and purity of the ground water. Additionally during construction Best Management Practices (BMP) will be instituted to ensure the protection of adjacent resources areas. The BMP's proposed are: • Installation of a siltation barrier to capture and prevent the transportation of sediments during construction. • Maintenance and repair of the erosion barrier throughout construction and until a vigorous growth of vegetation has re-established. • Prompt loam and seeding of disturbed areas. • Proper storage and protection of stored materials. Post construction BMP's will consist of restricting the use of fertilizers to organic or slow release nitrogen products and ensuring the periodic discharge of pool water is performed in accordance with DEP standards. The measures identified above proposed to be employed to recharge groundwater, preserve ground water and maintain water quality and quantity support a finding that the relief sought may be given without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw. F. This application is not for a variance from (7.1.1) Contiguous Buildable Area therefore a RDA from the Conservation Commission is not required. If you have any questions regarding this variance request please feel free to call. Thank you for your consideration on this matter. Sincerely, J. Zambouras, P.E. Cc: Don D. Stanley 4 1 \\w r r+ 'd, P� J t t LOT 2 '• �` `'' ��... !' � �`�+ Ott `` '�,, L 1 momamw \I] r,�,b !✓F: ° �.. "`q I `\ � ;��� \Q 31L1"A110MW" y,/ j a� '• h Mme"N A4= i PTAWtAW 8R11 .5 ; �yt ,t AI pimposm t MAP 64 PARC 151 ° =�;'� ,w t ti FENW '' , `\ ps R too r r r Y i t .� ✓ t /,, ow. tam UNTRY y, w w ; � OIfl11A5M.,. 'r�"� '� � !�w'�✓� I to tY. t tl �! t y / S V 5 tk r r / ✓ ' LOT 4 ' B CIRCLE r f AW N R4kffi if i Arxr / + a arruaws rBuLcm tmlm Scaler 1'= 50' DRAWING F1LEi SEQ 93\58COUNTRYCLUB-2016-3 50 0 50 100 JOB NO, A1010-04 DATE= MARCH 1, 2017" PREPARED F©RINSTANLEY COUNTRY CLUB CIRCLE 8POOL L OCAI 77ON - AL 7ERNA TE 2 NORTH ANDOVER, MASSACHUSETTS Ar ENGINEERi 58 CO'UNNY CLUB CIRCLE 97 TENNEY STREET — SUITE 5 GEORGETOWN, MA 01833 NORM ANDOWRWA. PHONE: 978-352-7870 FAX: 978---352-9940 I'I