HomeMy WebLinkAboutRequest for Variance - 5.31.2016 - Correspondence - 500 BOXFORD STREET 1/28/2020 andover 1 East River Place
consultants Methuen, Massachusetts 01844
inc. Tel. (978) 687-3828
Fax (978) 686-5100
www.andoverconsultants.com
May 31, 2016
Town of North Andover
Board of Health
1600 Osgood St.
North Andover, MA 01845
RE: Request for Variance
Lot 1 and Lot 2 at 500 Boxford St.
North Andover, Mass.
Dear Members of the Board:
This office represents the three individual owners of three lots at and
adjacent to 500 Boxford Street. The owners are listed below:
Michael Donovan RECEIVE®
12 Johnson Street JUG' '
North Andover, MA 01845 [U16
TOWN C-NORTH ANDOVER
Thomas Donovan HEALTH DEPARTMENT
5000 Wheatridge Drive
Fuquay-Varina, NC 27526 1
Cornelius J. Donovan
12 Trolley Car Lane
Londonderry, NH 03053
The property in question has been in the Donovan family since 1946, when
Cornelius and Catherine Donovan, parents of the current owners, purchased
this site containing 5.24 Acres, more or less.
In December of 1970, Catherine Donovan hired Stowers Associates to
survey the land and subdivide it into 4 lots. The subdivision plan was endorsed
by the Planning Board on April 4, 1977 and recorded at the Registry of Deeds
on April 8, 1977. The plan showed Lots A, B, C and D and a copy of the plan is
attached.
Bill/Letters/Town of North Andover—500Boxford.doc
Civil Engineers • Land Surveyors • Land Planners
andover
consultants
inc.
Page 2
Town of North Andover
On January 5, 1992, Catherine Donovan conveyed the lots to her children.
Her daughter, Kathleen Garon, was deeded Lot A. Her sons, Michael Donovan,
Thomas Donovan and Cornelius Donovan were deeded Lots B, C and D
respectively. Each child had expectations of building a house on each of the
lots. In fact, Kathleen built a house on Lot A.
Over the years, since the land was subdivided in 1970, regulations have
changed and become more restrictive. It is now impossible for any of the three
brothers to build on their lot, primarily due to the North Andover Minimum
Requirements for Onsite Wastewater Disposal Systems.
Michael, Thomas and Cornelius Donovan are proposing to reconfigure their
three individually owned lots into two new lots. Based on this new configuration
we have completed percolation tests and test pits for the two lots and have
designed subsurface sewage disposal systems. The designs comply with all of
the requirements of Title 5 and also comply with the North Andover Minimum
Requirements with the exception of the distance to a wetland resource area.
Title 5 requires a 50 ft. setback from a wetland, for which we comply, but North
Andover requires 100 ft. It is this section of the regulations that we request a
variance.
The applicants believe they qualify as seriously aggrieved parties and are
eligible for a variance.
Enforcement of the setback distance provisions in the local requirements
would be manifestly unjust since it would render lot B, owned by Michael
Donovan, and lot D, owned by Cornelius Donovan unbuildable. Lot C contains
an abandoned dwelling and is owned by Thomas Donovan.
Testing has been completed for two newly configured lots. During our field
surveys and testing no soils or site conditions were noted that would be unique
to the Town of North Andover. The conditions observed are similar to those we
have seen in surrounding towns in the Merrimack Valley. Two systems have
been designed to comply with Title 5 and all of the provisions of the North
Andover Requirements with the exception of the distance to wetlands. On lot 1
we can provide 63 ft. and on lot 2 we can provide 65 ft.
Enforcement of the 100 ft. setback distance would render lots B and D
unbuildable and deprive Michael Donovan and Cornelius Donovan of all
beneficial use of their property.
andover
consultants
inc.
Page 3
Town of North Andover
By allowing the variance, the brothers can eliminate the existing abandoned
house and it ancient septic system and only two dwellings will be built, with
modern sewage disposal systems.
We appreciate the consideration of the board in this variance request.
Sincerely,
ANDOVER CONSULTANTS I C.
William S. MacLeod, P.E., P.L.S.
President
WSM/an