HomeMy WebLinkAboutLegal Document - 500 BOXFORD STREET 12/5/2017 SMOLAKGiHAN
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MEMORANDUM
1,
To: Town of North Andover Zoning Board of Appeals
Applicant/Owners: Michael Donovan,Thomas Donovan and
Cornelius Donovan
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Property: 460 500 and 530 Boxford. Street
(Map 105C/Parcel 41,42 and 43))
Date: December 5, 2017
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The Applicants are requesting dimensional variances to allow for relief from
Contiguous Buildable Area requirements for newly proposed lots. The land in question
includes three existing lots which are owned Michael Donovan,Thomas Donovan
and Cornelius Donovan,which land would be reconfigured, so as to allow for a lot
line adjustment between the said properties to reconfigure three (3) existing lots of
record into two (2) new buildable lots of record. The details of the Applicant`s variance
requests were set forth in the application as previously submitted by the Applicant to
the Board.
The hearings for the"Variances were opened at the Board's October,2017
meeting. The Board heard testimony from the Applicant in support of the applications
as well as testimony from an abutter at the initial hearing.The matter was continued at
the conclusion of the prior hearing,and subsequently further continued until the
December 12,201.7 meeting,with a number of issues to be addressed by the Applicant in
response to specific inquiries of the abutter and Board to the extent feasible.
The purpose of this memo is to respond and provide background with respect to
the issues, which have been addressed in turn as follows:
1. Building and Design Plans. In response to a request by certain members of the
Board, a revised set of building floor plans and architectural plans has been
prepared for each proposed lot based upon the concept sketches which were
originally submitted. The plan set better and more clearly provides context to
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East Mill, 21 High Street, Stnite 301, North Andover,MA.01845
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Memo to North Andover Z13A
Re:54 Phillips Court and 320 Pleasant Street
July 29,2016
the proposed design to clearly show that the intended buildings will be
consistent with the design and nature of the neighborhood and will be a
substantial improvement over the nonconforming structure presently existing
on the property.
2. Drainage, Concerns of an abutter across the street were raised with respect to
existing culverts and drainage. The culverts are within the Town right of way
and are owned and maintained by the Town. It is noted that stormwater runoff
control or stormwater treatment is not required for a project of this size
pursuant to applicable regulations,but given the abutter and Board's concerns,
the Applicant's engineer has proposed to design and construct subsurface
recharge systems to capture, detain,and recharge stormwater from the roofs of
the proposed dwellings such that the runoff from the new homes will have no
impact on the existing culverts. See the attached letter from the Applicant's
engineer submitted with this memo in furtherance of this proposed condition.
3. Conservation Commission Concerns. The Applicant acknowledges that subject
to issuance of the proposed variances, the Applicant and any project will be
subject to approvals of the North Andover Conservation Commission and will
intend to address all wetlands and conservation issues of the Commission or
neighbors if and when raised upon filing with the Conservation Commission in
the event that the proposed variances shall be granted. One issue that was
suggested was that the Applicant is perhaps creating a hardship by virtue of
seeking the variances. It is the position of the Applicant,however,that in fact
there are substantial hardships that are being mitigated by virtue of the
proposed variances as opposed to being created and in,fact,the properties are
in totality becoming far more conforming to zoning that presently exists given
the existing nonconformities and combination of three lots into two lots.
Respectfully submitted,
Michael Donovan
Thomas Donovan
Cornelius Donovan
By their attorney,
B;i6ii Gai han,Esq.
SMOL K tAUGHAN LLP
21 High treet,Suite 301
North Andover,Massachusetts 01845
Tel. (978)327-5217
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