HomeMy WebLinkAbout2012-03-20 Planning Board Supplemental Materials (129) Town of North Andover
Building Department
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1600 Osgood Street
Building 20,Suite 2-36
North Andover,Ain 01845
February 2,2012
John T. Smolak,Esq.
Smolak&Vaughan LLP
East Mill,21 High Street, Suite 301
North Andover,MA 01845
Re: 0 Dale Street(Assessors Map 64,Lot 26)—zoning Determination
Dear Attorney Smolak:
I have reviewed your February 1,2012 letter to me, including the proposed site plan and
related title information concerning the subject property.
Based upon the information provided,I have determined that the lot falls within the
vacant lot grandfathering exemption found under the first sentence of the fourth paragraph of
Section 6 of Chapter 40A which provides that"any increase in area,frontage,width,yard,or
depth requirements of a by-law shall not apply to a lot for single and hvo-family residential use
which at the time of recording or endorsement,whichever occurs sooner was not held in common
ownership with any adjoining land, conformed to then existing requirements and had less than the
proposed requirement but at least five thousand square feet of area and fifty feet of frontage."
As a result,the lot is not subject to the current Residence-1 Zoning District dimensional
requirements but is subject to the requirements of Section 7.8(1)of the NAZB since the title
information supplied indicates that the lot does not adjoin another lot owned by the same owner
and the current lot was recorded with the registry of deeds as plan#2344 on March 9, 1951
which is prior to January 9, 1957 as required by this bylaw. Accordingly,the applicable setbacks
for the lot,as provided under Section 7.8(1)of the NAZB, include front and rear yard setbacks of
20 feet,and a side yard setback of 12 feet. Based on the site plan provided to me,the Iot contains
in excess of the minimum 50-foot frontage and 5,000 square feet lot size requirements under
Section 7.8(l).
With regard to the Watershed Protection District requirements of the NAZB, since the lot
was recorded before the amendments to Section 4.136 of the NAZB on October 24, 1994,Table 2
(For Lots Created Prior to October 24, 1994)applies to the lot which means that both the 100-foot
Non-Disturbance Buffer Zone and the 325 Foot Non-Discharge Buffer Zone apply as setbacks
from the edge of wetlands within the Watershed protection District.
Provided that no structure is constructed within the 100-foot Non-Disturbance Zone,then
no variance for new construction is required. However,proposed work in both zones requires
the issuance of Watershed Protection District Special Permit from the Planning Board. Please
let me know if I can be of further assistance.
Sincerel ,
G ralcl]3ro3vT
Building Commissioner