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HomeMy WebLinkAbout- Application - 247 CHICKERING ROAD 3/14/2019 ADDENDUM TO VARIANCE APPLICATION ENTERPRISE BANK AND TRUST COMPANY 247 CHICKERING ROAD, NORTH ANDOVER Enterprise Bank and Trust Company ("Enterprise Bank") intends to use the property at 247 Chickering Road, North Andover ("Property") as a bank branch with drive-through. The following variances are requested: A variance from § 195-7.3 and table 2 (rear setback) to allow the building to be within 47 feet of the rear lot line- where 50 is required (25-foot setback and 15 foot pursuant to Table 2 footnote 2); A variance from § 195-7.3 and table 2 (side setback) to allow the building to be 35 feet from the northerly side lot line -where 40 feet is required- (25-foot rear setback and 15 feet pursuant to table 2, footnote 2)- this is the lot line with the abutting 99 restaurant. A variance from § 195-7.3 and table 2 to allow a 6-foot landscape setback on the north side and a 6-foot landscape setback in the rear where 15 feet is required. A variance from § 195-7.1 - lot area - where the lot contains 24,952 sq. feet where 25,000 sq. feet are required. A. The property has been used as an Animal Hospital for decades and has been granted a number of variances over the years to permit the Animal Hospital use to expand, including into the required setbacks. Currently almost the entire property is paved, and the existing structure does not meet the required setbacks. The Property is surrounded on the north and east sides by the parcel currently used for a 99 Restaurant, and the southerly side is an open space parcel that is part of a nearby condominium development. The Property is zoned GB, but the surrounding properties are zoned R3 (notwithstanding that the 99 Restaurant abuts the Property; the 99 Restaurant property was previously rezoned to B2 before being zoned back to R3). Therefore, in addition to the required 25' side setbacks and 35' rear setbacks, an additional 15' landscape setback to table 2, par 2 is required from the abutting residentially-zoned parcels. B. Variances are sought from the lot area requirement and for the reduced no- disturb setback. The lot area deficiency has existed for decades and is a de minimis deviation from the required 25,000 square feet; the lot has 24,952 square feet. The parcel is the only GB zoned lot in the area and is surrounded on three sides by residentially-zoned properties (the fourth side is the street). However, one of the abutting residentially-zoned properties is occupied by a commercial use (the 99 Restaurant) and is totally paved. This is different from other GB parcels which abut residential uses. C. Due to the relatively small size of the Property, imposition of the additional 15' J landscape setback area in table 2, footnote 2 along the northerly and easterly bounds of the property significantly reduces the amount of space available for use, which creates a financial hardship for the applicant. The proposed use meets and exceeds the other setback requirements; relief is only sought from the 15' landscape setback. Additionally, it is not possible to add any area to the Property to assure compliance with the minimum lot; the abutting properties are developed and cannot be purchased. D. The Applicant's plan for the Property includes more green space and buffer that does not currently exist. The Applicant's site work will improve drainage on the property, and the amount of paving will be significantly reduced. There will be no impact on the abutting properties from the proposed development; any impact will be reduced by moving the structure on the Property further away from the abutting properties and providing screening and green space. There will be less traffic at the bank than the current use as an animal hospital. Variances have previously been granted for the Property allowing a more intensive and disruptive use than the one the Applicant proposes (and which is allowed by right). E. The variance for lot area would simply recognize the slightly-deficient existing lot which has been in the identical configuration for decades with no adverse effect on the area. The creation of a no-disturb buffer, even if allowed at a less- than--required width by the requested variance, is an improvement over the existing conditions of pavement over the entire lot. Moreover, the intent of the additional landscape setback is clearly to provide a buffer between GB uses and residential uses, but such a buffer is not necessary between two commercial uses, such as the 99 Restaurant and the proposed use, notwithstanding that the 99 Restaurant property is zoned residential. On the one bound which does abut a residential use (the south), a full 15' no-disturb buffer will be provided.