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HomeMy WebLinkAbout2012-11-20 Planning Board Supplemental Materials (35) $MQLAK 8. 1IA[IGHAN T�" John T. Smolak. Esq. -- - T: 97k•327.52i5 I r 97s-327-5210 29izn�7 r�❑ l� If�� ub' .IsmulaLoa,mnlakvauglian cum C U I� G. 7� II►y5�r.{.iiU�� i .. October 29, 2012 BY HAND John Simons, Chairman Planning Board Town of North Andover 1600 Osgood Street North Andover, Massachusetts 01845 RE: Application for Frontage Exception Special Permit Property: 623 Osgood Street Applicant and Owner: Osgood Street Realty Trust Dear Chairman Simons and Other Board Members: On behalf of the Applicant, enclosed for filing with the Planning Board is an application for a Frontage Exception Special Permit in reference to the above- referenced Property. The purpose of this filing is to facilitate the sale of Lot 2 and Lot 3 (shown on the attached Site Plan) of the Property to the Town of North Andover in accordance with the Town Meeting vote to approve Article 29 at the 2012 Annual Town Meeting held on June 12, 2012 to purchase an interest in the Property for conservation and open space purposes. Lot 1 depicted on the Site PIan is to be retained by the Owner and Applicant. We appreciate your time and consideration with regaxd to this matter and we look forward to working with you throughout the approval process. Please feel free to contact my office with any further questions or concerns. Sir rely, ohn T. Smolak JTS/ cc: Judy Tymon, Town Planner Town Clerk's Office (By Hand) 100057172;%IlEast,llill,21 liigh Street,Suite 301.North Andover,AIA 01845 1t'\'11i'.S it OLAKVAI'GHAN,C'011 Print Form MoRrh � 7y 4rtp 1• ;. F? ��.f •• AOp s�G S PLANNING DEPARTMENT Community Development Division Special Permit — Frontage Exce tion, Application Please type or print clearly. 1.Petitioner: Osgood Street Realty Trust Petitioner's Address: 623 Osgood Street, North Andover, Massachusetts 01045 Telephone number: ( 78) 886-2926 - -- 2.Owners of the Land: Osgood Street Realty Trust Address: 623 Osgood Street, North Andover, Massachusetts 01045 Number of years of ownership: 5 years, 7 mos. 3.Year lot was created: 1977 4. Description of Proposed Project: Project includes creation of three (3) Pots, of which Lot 1 is the subject of the Special Kermit, Creation of three lots is designed to facilitate the conveyance of proposed Lot 2 and Lot 3 to the Town of North Andover consistent with June 13,2012 Town Meeting vote to purchase a portion of the Pre sp<tiy f. or nppn space and ropservalion puposes wilh_the use of Commupily Rmseruntion Art filndina I nt 1 will' tl�e Owner _ 5. Description of Premises:Approximately 16.4 acres of lend on east side of Osgood Street. _ 6.Address of Property Being Affected: 623 Osgood Street Zoning District: Residential 2 (R--2) _ Assessors Map:36 Lot#: 4_ Registry of Deeds: Book#: 10724 Page#: 120 7. Existing Lot: Lot Area(Sq.Ft): 711,640+i- Building Height. <35 feet(est.) Street Frontage: 303 Side Setbacks: >30 Feel Front Setback:>30 Feet Rear Setback; >30 Feet Floor Area Ratio: NIA Lot Coverage: NIA 6,Proposed Lot(if applicable):(Loi 1) Lot Area (Sq.Ft): I Y2 SOV l-Building Height: same Street Frontage: i 16 -S k -Side Setbacks: >30 Feet Front Setback: >30 Feet Rear Setback: >30Feet Floor Area Ratio: N/A Lot Coverage: NIA 9. Required Lot(as required by toning Bylaw): Lot Area(Sq.Ft): 43,560_. Building Height: 35 Feet Page I of 2 1604 Osgood Street,North Andover,01dg.20,Suile 2-36 Planning 0epl.,Massachusells 01045 Phone 978.600.9535 Fax 910.688.9542 Web www.lownofnorlhanhvlr.com Edited 8/l/07 Street Frontage: P90 Feet Side Setbacks: ___ Q Fioe f Front Setback: 30 Pert Rear Setback: , 30.Fpgf Floor Area Ratio: Alifh Lot Coverage: u A 10. Existing Building (if applicable): Ground Floor(Sq.Ft,): #of Floors: 3 Total Sq,Ft.: .--- 3 _ Height: Use:St Mk Fbio, rs►dQ►►+ir i Type of Construction: G r11 Dry Ycysav 11.Proposed Building: Ground Floor(Sq,FL): #of Floors: Total Sq, Ft.„ Height: Use: Type of Construction: 12. Has there been a previous application for a Special Permit from the Planning Board on these premises?— k1c If so,when and for what type of construction? 13.Section of Zoning Bylaw that Special Permit Is Being Requested_ -1-�2_A 'And t0- 3 1 14. Petitioner and Landowner signature(s): Every application for a Special Permit shall be made on this form which is the official form of the Planning Board. Every application shall be riled with the Town Clerk's office. It shall be the responsibility of the pelitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or Planning Office does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for Filing and legal notification. Failure to comply with application requirements, as cited herein and in the planning Board Rules and Regulations may result in a dismissal by the Planning Board of this application as incorppsi.oret shw-4 Petitioner's Signature: CCJJ_ /,f, rz./fyfA?9 s, Print or type name here: Owner's Signature: Print or type name here: 15. Please list title of plans and documents you will be attaching to this application. Page 2 of 2 1600 Osgood Sireel,North Andover,MUM,Suite 2-36 Planning Dept„Massochasetls 01845 Phone 978.688.4535 Fox 478.688.4542 Web www.1o%unafnar1handov re com Edited 8/1107 TOWN OF NORTH ANDOVER PLANNING BOARD APPLICANT OSGOOD STREET REALTY TRUST OWNER: OSGOOD STREET REALTY TRUST PROPERTY: 623 OSGOOD STREET (ASSESSORS MAP 36, LOT 4) MEMORANDUM IN SUPPORT OF APPLICATION FOR FRONTAGE EXCEPTION SPECIAL PERMIT (Sections 7.2.2 and 10.3 of North Andover Zoning Bylaw) I. INTRODUCTION George W. Ousler,Jr. and Deanna Ousler, as Trustees of the Osgood Street Trust (the "Applicant") is the owner and Applicant with regard to an existing parcel of land known and numbered as 623 Osgood Street. The site contains approximately 16.4 acres of land and is designated on the Town Assessor's Maps as Map 36, Lot 4 (the "Property"). The Property is located on the east side Osgood Street, and is surrounded: to the north by residences and the Stevens Estate owned by the Town of North Andover;to the south by Edgewood Farm; to the east by additional land owned by the Town of North Andover; and, to the west by Osgood Street as well as abutting residential dwellings. The Property currently consists of a single lot on which is located an existing single family dwelling and outbuilding as shown on the site plan attached hereto. The Property is located within the Residential 2 (R2) Zoning District within which the existing residential use is permitted by right. II. PROPOSED PROJECT Voters at the June 12, 2012 Annual Town Meeting voted to acquire up to approximately 15.2 acres of the Property for purposes of open space and conservation land. A copy of the Town Meeting Vote is attached as Exhibit B. For purposes of the Town's purchase of a portion of the Property, the Applicant proposes to divide the Property into three separate lots as follows: Lot 1 -3.10 acres - To be continued to be owned by Applicant Lot 2 - 11.52 acres -To be conveyed to the Town of North Andover Lot 3 - 1.72 acres -To be conveyed to Town of North Andover Frontage Exception Special Permit Memorandum -- Planning Board Accordingly, Lots 2 and 3 are proposed to being conveyed to the Town of North Andover for open space and passive recreation purposes, and will be subject to a Conservation Restriction proposed to be held by the North Andover Conservation Commission. Lot 1, which is the subject of this Application, will continue to be owned by the Town, and the purpose of the request for this Special Permit is to reduce lot width and frontage requirements in order to maximize the open space, and resulting view corridor, along Osgood Street. The Site Plan showing the proposed lots is attached as Exhibit A. The Applicant is requesting Board approval of Lot as a "frontage exception" lot pursuant to Section 7.2.2 of the Zoning Bylaw. 11I. REQUIRED RELIEF Based upon our preliminary review of the proposed improvements, and after a meeting with the Building Commissioner, the Applicant has determined that a frontage exception special permit is required pursuant to Sections 7.2,2 and 10.3 of the Zoning Bylaw. IV. FRONTAGE EXCEPTION/LOT WIDTH SPECIAL PERMIT CRITERIA Sections 7.2.2 and Section 10.31 of the Zoning Bylaw list the criteria by which the Planning Board will determine whether a special permit can be granted. Specifically, exceptions for meeting the frontage and lot width requirements under the Zoning Bylaw are as follows: A. FRONTAGE AND LOT WIDTH SPECIAL PERMIT CRITERIA (Section 7.2.2) Section 7.2.2 of the Zoning Bylaw provides that the Planning Board may grant a frontage exception and lot width special permit for a lot in any residential district, provided the following criteria are met: a. Area of lot must exceed three times the minimum required lot area for the district. i. Minimum lot area for the R-2 District is 43,560 square feet and three times the minimum square footage is 130,680 s.f. Frontage En piian Special Permit M=niandum Planning&yard 2 ii. Lot 1 contains 135,064 s.f.. iii. Lot I complies with this criterion. b. The lot has a minimum continuous street frontage of not less than 50 feet and a width of not less than 50 feet at any point between the street and the dwelling. i. For Lot 1, the street frontage is 110.56 feet, and the minimum lot width between the street and the existing dwelling is 50 feet. ii. Lot 1 meets this criterion. C. There is not more than one other such lot with frontage contiguous to Lot 1. d. The proposed Lot I will not be located so as to block the possible future extension of a dead end street since there is no potential for a fu to re extension through Lot 1 to the proposed open space/conservation land included within Lots 2 and 3. e. The creation of Lot 1 will not adversely affect the neighborhood, given that the existing house is to remain. f. The creation of Lot 1 is in harmony with the general purpose and intent of this bylaw, for the following reasons. First, the location of the proposed Lot 1 is appropriate as the Property is surrounded by conservation/open space. Second, the creation of an ANR lot as opposed to a full subdivision roadway will serve to reduce the potential for increased impervious surfaces, and provide a more rural setting for the Property. Lastly, the proposed Lot, as shown on the Site Plans, complies with the Zoning By-Law. For these reasons, the proposed improvements noted herein are in harmony with the general purposes and intent of Section 1 ("Purposes") of the North Andover Zoning Bylaw. g. If approved,Lot 1 will not thereafter be reduced in area below the minimum lot area required under Section 7.1 of the Zoning Bylaw. B. SPECIAL PERMIT APPROVAL CRITERIA(Section 10.31) Section 10.31 of the Zoning Bylaw provides that the Planning Board shall not approve any such application for a Special Permit unless it finds that in its judgment all the following conditions are met. The following lists the criteria and how these criteria are met. Frontage Excepon Special P=il Memorandum -- Planning Board 3 a. The specific site is an appropriate location for such a use, structure or condition. As the property is zoned for residential use, the site is an appropriate location for the proposed Project. The site layout compliments the surrounding uses and provides for access, as well as for sufficient water and other utilities. b. The use as developed will not adversely affect the neighborhood character. The Project will maintain a Iot area well in excess of minirnurn requirements, and existing residential buildings will maintained in a manner consistent with surrounding residential uses. Accordingly, the proposed uses are well suited for its proposed location. C. Social, economic, or community needs which are served by the proposal. As noted above, the proposed Project will facilitate the sale of open space to the Town, consistent with the 2012 Town Meeting Vote. d. There will be no nuisance or serious hazard to vehicles or pedestrians. The existing tree-lined driveway will be maintained as is to serve the existing residential house. e. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. The project is adequately and appropriately serviced by municipal water and other utilities that adequately address the needs of the existing house. £. The use is in harmony with the general purpose and 'intent of this Zoning Bylaw. And for the reasons described above, the proposed residential use resulting from the creation of Lot 1 is in harmony with the general purpose and intent of this Zoning Bylaw. Fruntage Exucption srKvial Permit Memorandum Punning Bmxl 4 V. REQUEST FOR APPROVAL For the above reasons, the Applicant respectfully requests that the Planning Board make the required findings and conditions described under Sections 7.2.2 and 10.31 of the North Andover Zoning Bylaw, and grant the Applicant's request for a Frontage Exception/Lot Width Special Permit for Lot 1 as depicted on the Site Plan. Respectfully submitted, Osgood Street Trust By its attorneys, �01-m T. Smolak, Esq. Smolak & Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, Massachusetts 01845 Tel. (978) 327-5215 Fax (978) 327-5219 Frontage Exception Special Pennit Memorandum — Planning Hoard 5 EXHIBIT A SITE PLAN Froniagc EsccpOon Special Pcrmil M%nwrandum Planning Board 6 a b IZZ fileYAI Non b loll Z'b / •�h4r � F! 3 ��lS� Y hi t 99 6 y ma Ali wA 4 0 dO w ti ® a s 6 ® r In" de F g �a� EXHIBIT B TOWN MEETING VOTE t:raniage ExctTAion Special Penni[Memorandum •- Planning Board rAORTM 9 F TOWN OF NORTH ANDOVER OFFICE OF THE TOWN CLERK 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Joyce A.Bradshaw,CMh1C Telephone(978)688-9501 Town Clerk Fax (978)688.9557 E-mail ,jhradsha��rto��nolnorthandpver.com This is to certify that the following vote was taken on Article 29 at the Dissolved Annual Town Meeting for the Town of North Andover held June 12, 2012: Article 29. Report of the Community Preservation Committee and Appropriation From the Community-Preservation Fund, Majority rote, on recommendation of the Community Preservation Committee, to receive the report of the Community Preservation Committee and to raise, borrow, transfer and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee as shown below; and, with regard to the appropriation of$1,400,000 for the acquisition of approximately 15.2 acres of land at 623 Osgood Street, that said sum is authorized for the acquisition by purchase or eminent domain of a fee simple interest or lesser interest in a parcel of land of approximately 15.2 acres within the bounds of North Andover which is a portion of the land at 623 Osgood Street owned by George W. Ousler and Deanna M. Ousler, Trustees of Osgood Street Realty Trust, under Declaration of Trust dated March 23, 2007, and which property is a portion of the property described in the deed recorded in North Essex District Registry of Deeds, Book 10724, Page 120 and is a portion of the property shown as Lot B on a plan entitled "Plan showing a portion of Edgewood Farm, North Andover, Mass, Owned by Trustees of Trust B u/w Abbott Stevens," recorded as Plan No. 7803 in the North Essex Registry of Deeds, and expenses incidental and related thereto, including but not limited to closing costs and parking area construction expenses, to be managed and controlled by the Conservation Commission of the Town of North Andover in accordance with Massachusetts General Laws Chapter 40, Section 8C for conservation and passive recreation purposes; and that the Town Manager be authorized to file on behalf of the Town of North Andover any and a)] applications deemed necessary under the Self-Help Act (Massachusetts General Laws Chapter 132A, Section), or any other applications for funds in any way connected with the scope of this acquisition, that the Board of Selectmen be authorized to determine the final purchase price and final boundaries of the land and other interests which may be acquired for the purposes stated herein, and that the Town Manager, the Board of Selectmen and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments, including deeds, easements, and permanent deed or conservation restrictions in accordance with Massachusetts General Laws Chapter 184, on terms and conditions they deem to be in the best interest of the Town and as may be necessary on behalf of the Town of North Andover to affect said purchase 1 List of Appropriations—Community Preservation Fund Description Amount Category Stevens Estate; Restoration of exterior $206,200 Historical Preservation walls (Phase I Stevens Estate: Window replacement $101,300 Historical Preservation Phase 111) Restoration of historical town records 540,000 Historical Preservation Phase Stevens Library: Refurbishment of $22,000 Historical Preservation main door Old Burying Ground: Refurbishment $20,000 Historical Preservation of grave stones Phase li Ridgewood Cemetery: Restoration of $15,000 Historical Preservation main gate Town Monuments: Assessment and $15,000 Historical Preservation restoration of historical town statues and monuments Veteran's Housing; Replacement and $475,000 Affordable Housing restoration of siding, steps, doors and bulkheads Foulds Terrace: Replacement and $375,000 Affordable Housing refurbishment of windows and doors 623 Osgood Street: Purcbase of fee $1,400,000 Open Space Protection interest in approximately 15,2 acres of open field and woodlands adjoining the Town's Osgood Hill and Half Mile Hill properties, plus closing costs and parking area construction expenses (final purchase price not to exceed appraised value of property; total cost to be reduced by amount of any government grants or private contributions Open Space: Update of Open Space $25,000 Open Space Protection Plan Administrative Costs $30,000 Administrative and Operating Expenses Total Appropriations $2 724 500 Board of Selectmen Recommendation: Favorable Action Finance Committee Recommendation: Favorable Action Planning Board Recommendation: Favorable Action Vote Required: Majority Vote VOTED JUNE 12,2012 2 Abuffer to Abuffor( J BWId'ng Dept. ( ) Conservation ( X ) Zoning ( J Town of North Andover Abutters Listing REaufREMENr: MGL,cn Semon,[stela h per,Folies m Lnleroal u uead h Ihrs drepter man We paUtmrrer, abutters,vwnara of rand&K y oppotltaao arty pub5c or pnrate way,and ebutten to eouurs*thin throe nurl&W(3M)foal or D*propmty an or the pe44mrer ea that'appear on the trust recant spp ova lex pd,not wghAwv&q Ihst the tend of any sr+dr owner le totaled in another dry or town,LN pranrdng bvsrd or Uw city or town.and Ow plan»tno booed of every shuainq city a Lawn" Subtest Property: PAAP PARCEL Name Addma 36 4 ousler Strvat Really Trust 623 Osgood Street,North Andover MA 01645 Abrttars Properties Mal) Parcel Name AdylaM 35 23 8110 Town of North Andover 120 Main Street,North Andover,MA 01845 35 26 Douglas Howe,Jr. 655 Osgood street,North Andover,MA 01845 35 32 Ketlh Douglas 805 Osgood Street,North Andover,MA 01645 36 1&21 Town of North Andover 120 Main Street,North Andover,MA 01845 36 3&20 Edgewood Relirament 575 Osgood Street,North Andover,MA 01845 100 1 8 11 676 Osgood Slreel Trust 67e Osgood Street,North Andover,MA 01845 100 2 Mork Mollis 600 Osgood Stree4 North Andover,MA 01845 100 5 Allen Tama 561 Osgood Street,North Andover,MA 01846 100 9 Yuthica Galinay 657 Osgood Streak Norlb Andover,MA 01845 100 10 Charles Daher,Ito 653 Osgood Street,North Andover,MA 01845 101 1 Ronald Rudis SW Osgood Street.North Andover,MA 01845 101 3 Thomas Koulopoulas 580 Osgood Street,North Andover,MA 01845 101 4 Ann O'Brien 592 Osgood Street,North Andover,MA 01845 101 5 Mark Barbarian 506 Osgood Street,North Andover,MA 01845 101 6 Cortela Family Trust 584 Osgood Street,North Andover,MA 011545 This certtfies that the names appearing on thA records of the Asse"ffl "Certified b Q��