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HomeMy WebLinkAboutCorrespondence - 197 HIGH STREET 9/14/2017 SMOLAK & VAUGHAN MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant: jeffco, Inc. Property: 197 High Street (Map 66/Parcel 44) Date: September 14, 2017 MEMORANDUM IN SUPPORT OF PETITIONS FOR SPECIAL PERMITS AND VARIANCES I. INTRODUCTION The Applicant,jeffco, Inc.,is requesting a special permit to allow for the conversion of an existing single family dwelling located at 197 High Street,North Andover,MA (the "Property") to a two-family dwelling. Specifically,the Petitioner is seeking relief pursuant to Sections 4.122(14)(B) and 4,122(14)(D) of the Zoning Bylaw of the Town of North Andover, as amended (the"Zoning Bylaw")in the form of a special permit to allow for the razing of the existing structure on the Property and for the construction of a new duplex home on the Property. In addition, the Applicant is seeking to confirm the pre-existing nonconforming nature of the residential lot with respect to frontage. Finally,the Applicant is also seeking a Variance from certain dimensional requirements of Section 4.122(14)(B) and Section 7 of the Zoning Bylaw in connection with the proposed new structure as outlined below. II. BACKGROUND The Applicant has negotiated with the current owner of the Property located at 197 High Street,which is a single family home with an attached barn structure, and has entered into a purchase agreement that is contingent upon the Applicant receiving necessary permits,variances and approvals to convert the Property to a two-family dwelling. The Property is designated on the Town of North Andover Assessors Maps as Map 66, Lot 44. The Property is presently owned by Dawn Crescitelh who has {00110679;Nr2} East Mill,21 High Street, Suite 301,North Andover, MA 01845 WWXV.SM0LAKVAUGHAN.00M Memo to North Andover ZBA Re:197 High Street September 14,2017 authorized the filing of the petitions for special permit and variances as outlined herein. The Applicant intends to purchase and substantially improve the Property by razing an old, oversized,pre-existing nonconforming structure on the Property which is situated at a near zero setback to the northerly abutting parcel. A new home would be situated centrally on the lot with a reduced footprint and eliminating all setback violations, making the Property substantially more conforming to current dimensional zoning requirements. A copy of the Deed for the Property and a Plot Plan depicting the existing and proposed footprint of the structure are included with the Applicant's application. The Property is located in the Residence 4 ("R-4") Zoning District where the existing use of the Property as a single family residential dwelling is permitted by right. Pursuant to Sections 4.122(14)(B) and 4.122(14)(D) of the Zoning Bylaw,however,the construction of a second dwelling unit on the Property and the conversion of the Property from a one-family home to a two-family home would require the issuance of a Special Permit by the Zoning Board of Appeals. Accordingly,when the Applicant applied for a building permit to allow for the construction of the new structure, the Building Inspector issued a denial of the building permit(the"Denial Letter"),citing as the basis for denial that the proposed project requires a Special Permit. In addition, the Denial Letter also cited that relief was required because the gross floor area (GFA) of the newly proposed structure did not meet certain dimensional requirements as set forth in Section 4,122.14.B of the Zoning Bylaw. As such,the Applicant has also applied for a Variance with respect to certain dimensional characteristics that may not meet the various requirements of Section 4.122.14.B. The Property as presently exists is an older home with a number of preexisting lawful nonconformities. The Property is improved with a single family home and attached barn,with existing dimensional setback nonconformities (which include a side setback of only 1.3 feet where 15 feet is now required,and a front setback of 28.1 feet where 30 feet is now required) and with an existing dimensional frontage nonconformity (street frontage is only 82.33 feet where 100.feet is now required.) The proposed project will include substantial improvement(both aesthetically and structurally) to the existing structure and Property. It is noted that while the project will eliminate existing dimensional setback nonconformities,the existing frontage nonconformity will remain,and as such the Property will be made substantially more conforming and with no existing nonconformities to be increased'. In connection with I Section 6,Para.4 of G.L.c.40A exempts the lot from the applicability of frontage requirements as the Property constitutes a pre-existing lawful non--conforming lot. Specifically,Section 6 of M.G.L.c.40A provides,in part,that: "Any increase in area,frontage,width,yard or depth requirements of a zoning ordinance or bylaw shall not apply to a lot for single and two-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."See M.G.L. c.40x1,s. 6,par.4. As a result,the lot does not need to comply with Minimum Street Frontage(Section 7.2) requirements of the Zoning Bylaw. 100110679;v2} 2 Memo to North Andover ZBA Re.197 High Sheet September 14,2017 this application Applicant has also requested a special permit to confirm the pre-existing lawful nonconforming front setback. III. DISCUSSION As noted above,the Petitioner is requesting a Special Permit for the conversion of an existing one-family home to a two-family home pursuant to Sections 4.122(14)(B) and 4122(14)(D) of the Zoning Bylaw. With respect to the specific dimensional criteria for a two family conversion under Section 4.122(14)(B) of the Zoning Bylaw,we note as follows: a) Because the conversion involves razing and rebuilding a structure rather than increasing the size of the existing structure the GFA limitations of clause (a) do not apply and instead the project is subject to the GFA limitations of clause (b) as outlined below. b) The conversion involves razing an existing structure and the Applicant believes GFA of the new structure does not exceed 150% of the GFA of the original building.nor more than 1000 SF larger than the original structure. However,due to a discrepancy in the calculation of GFA as determined by the Building Inspector and by the Applicant(as further discussed below), the Applicant has applied for a variance based upon the higher calculations of SF as determined by the Building Inspector. The Applicant is not creating new lots so the final sentence of subsection(b) is inapplicable. c) There will be at least 2 parking spaces for each unit with a total of 4 spaces proposed (2 garage spaces and 2 driveway spaces.) d) All parking spaces are at least 10 feet away from any lot line. e) The garage will not be a separate or attached garage,but is a garage under,which is not more than 10 feet behind the front fagade (High Street) of the structure. While it was not clear whether a garage under constitutes a"garage" within the meaning of this provision of the Zoning Bylaw(it is noted that this was not identified as a nonconformity requiring relief by the Building Inspector) the Applicant Iias nonetheless s applied for a variance from this provision as an abundance of caution. f) The converted structure will meet all dimensional requirements of the R-4 District under the Zoning Bylaw (subject to existing grandfathered nonconformities as noted above and subject to obtaining variances as hereinafter provided to the extent the GFA calculations of the Building Inspector rather than Applicant are correct.) g) All stairways leading the second and upper floors are enclosed. h) The entire length (100%) of the dividing wall between the first and second dwelling unit is connected to a common wall and thus satisfies the 75% common wall requirement. (001 10679;v2) 3 I. Mento to North Andover ZBA Re;197 High Street September 14,2017 i) The post conversion roofline does not exceed the height of the existing roofline,and does not significantly alter the pitch of any post conversion rooflines. It is noted that the building inspector determined that the GFA of the existing structure on the lot was 1,841 SF,that the GFA of the new structure was 4,532.8 SF and that the GFA of the second dwelling unit was thus 2,266.4 SF.The Applicant, on the other hand,had calculated GFA of the existing structure on the lot as 2,430 SF, and with respect to the proposed new structure and second dwelling unit,the Applicant had calculated that GFA was approximately 1,450 SF per unit for a total of 2,900 SF for the new structure. Based upon the Applicant's calculations for existing and proposed,the new structure would comply with the GFA limitations of the Bylaw. The Applicant believes that the discrepancies between the building inspector calculations and the Applicant calculations may be the result,in part,of the following: (i)the building inspectors calculations for the existing structure may not have included certain square footage for an existing attached barn structure that was included by the Applicant (it is noted that this portion of the structure is apparently not reflected on the dimensions of the building shown on the property tax card),and (ii) interpretation of the Bylaw on whether to include or exclude certain space such as basement, garage and/or dormered spaces. In any event,the Applicant has requested relief for variances consistent with the more stringent calculations as were determined by the building inspector. In addition to satisfying the dimensional criteria for a Special Permit as described above, the current application will be consistent with the existing demographics of the neighborhood. It is noted that many of the surrounding homes to the subject property on High Street and neighboring roadways are two family or larger multifamily homes. Many surrounding homes are larger multifamily homes and the proposed new structure will not result in a derogation of the neighborhood. IV. BASIS FOR SPECIAL PERMIT The Petitioner's proposed special permit (subject to the grant of variance if and as deemed necessary by the Zoning Board) meets all of the conditions for granting of a special permit as set forth in the Zoning Bylaw as discussed above. In addition,each of the required points 1 through 6 appearing in Section 9 of the Special Permit Application are addressed in this application,including as follows: 1. The particular use proposed,for t1w land or structure: The proposed use for the land will be for the construction of a second dwelling unit and conversion to a two- family dwelling which is an allowed use in the R-4 zone with and upon issuance of the special permit, (00130679,v2) 4 i Memo to North Andover ZBA Re:197 High Street September 14,201.7 2. Tlie s eci c site is an appropriate Ioeati'oiz for suchuse structure or cotzdition: The use is permitted by right(with special permit) and the appearance will remain consistent with other homes within the neighborhood. The home is surrounded by other multi-family homes and the two-family use will be consistent with the neighborhood. 3. There Will be ito nuisance or serious hazard to vehicles or edestrians:The residential use of the property is presently allowed. Conversion of the home from a one family dwelling to a two family dwelling will not create any hazard. 4. Adequate and approptiate acilities will be provided for the proper operation of the proposed use: The Property is in an existing residential neighborhood with all necessary facilities presently existing and in place. 5. 711e use is in liarniony witli the puiVose acid hiteitt of the Zoning Bylaw: Allowing the construction of the proposed second dwelling unit will not derogate from the intent or purpose of the Zoning Bylaw. The proposed use is a permitted use in the R-4 zone and will allow further improvement(of both functional and aesthetic repairs) that is consistent with and in keeping with other properties in the neighborhood and will allow for elimination of many substantial setback violations and nonconformities. The use is permitted by right and the appearance will remain consistent with other homes within the neighborhood. 6. Specific re rence acid res onse to t11e criteria required by t11e particular S ecial Permit ff 7011iCh this application is made i.e. the Eartli Removal Special Permit 11as unique criteria and subinittal requireiiientsj: The specific criteria required by a Special Permit for a two family conversion are addressed in detail in the discussion section of this memorandum above. Specifically,all of the dimensional criteria have been satisfied(subject to issuance of variances, if and as deemed necessary by the Board) as discussed in detail above and there are no other unique criteria or submittal requirements. Accordingly,for the reasons stated above,and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested special permit, and to allow the proposed conversion of the Property to a two-family dwelling and to raze the existing structure and construct a new two-family dwelling on the Property. V. BASIS FOR VARIANCE The Petitioner's proposed variances meet all of the conditions for granting of a variance,and each of the required elements A through F appearing in Section 9 of the Variance Application are addressed in this application,including as follows: (00110679;v2) 5 Memo to North Andover ZBA Re:197 High Street September 14,2017 A. 77re particular use proposed for the laud or structure: The proposed use for the land will be for the construction of a second dwelling unit and conversion to a two-family dwelling which is an allowed use in the R-4 zone with and upon issuance of the special permit.. E B. Vie circutnstarzces relating to soil conditions slue e or topography of such land or structures especially affectiyg affectingthe propghl or which the Variance is sou ht O icli do nota ct generally the zoii jM district in which the property is located: Existing structure on the lot especially affecting the Property is oddly shaped (long and narrow) and located on the lot nearly entirely within the side setback which makes razing and rebuilding the only viable alternative to aesthetically and feasibly improve the property,but under the limitations of the conversion provision of the bylaw it would be difficult to construct a financially feasible project without exceeding the limited GFA requirements. C. Facts which make up the substantial hardship, financial or otlxnvise, which results froiii literal mforcenxiit of the applicable zoning restrictions with respect to the land or building for which the variance is sought:A literal enforcement of the Zoning Bylaw,based upon the GFA calculations as determined by the Building Inspector,would substantially limit the size or type of building that might be constructed and thus make the project financially unfeasible and loss of sale and creating a substantial financial hardship to the owner. D. Facts relied upon to support a ffiidbig that relief sou ht will be desirable and without substantial detriment to the public good: The razing of the existing structure, construction of the proposed new home and elimination of the setback violations will enhance the aesthetics of the lot. In all respects,the proposed new two family residence will be consistent with other lots in the neighborhood,an improvement over existing conditions, and therefore will not be a detriment to the public. E. Facts relied upon to synort a ndin that reliefsought nza be vewithout nulli&big or substaiihaffil deiaatijig froiit the intent or i2uiVose of the Ordinance: AIlowing the construction of the proposed new two family residence will not derogate from the intent or purpose of the Zoning Bylaw because the proposed use is a permitted use in the R-4 zone with a Special Permit and will allow development that is consistent with and in keeping with other properties in the neighborhood. The use is permitted and the appearance will remain consistent with other homes within the neighborhood. The pre- existing home on the lot which does not comply with current zoning setbacks would be razed and a newer and more conforming home,consistent with other properties in the neighborhood,would be constructed {00110679;v2} 6 Memo to North Andover ZBA Re:197 High Street September 14,2027 F. Subiiiit RDA roma Conservatioia Corraraaission 7vlrera Contiguous Buildable Area is applied for hi ZBA applicatiow N/A;Contiguous Buildable Area is not applicable to this application. (Note: Lot predates applicability of CBA requirements per Section 7.1.1 of Zoning Bylaw and no wetlands identified.) Accordingly,for the reasons stated above,and others that will be presented at the hearing,the Petitioners respectfully request the Zoning Board of Appeals to grant the requested variances,so as to allow the proposed two family conversion. Respectfully submitted, Jeffco, Inc. By its attorn F Brian G.WU6h ,Esq. SMOLAK&VAUGHAN LLP 21 High Street,Suite 301 North Andover, Massachusetts 01845 Tel. (978)327-5217 {00110679;A>2) 7