HomeMy WebLinkAbout2019-05-21 Abutter Comment 127 Marblehead St f
May 20, 2019
Planning Board
Town of North Andover
Re: 127 Marblehead Street- Site Plan Review
Dear Planning Board:
We request the following be read into the record. As abutters and stakeholders in North
Andover, we oppose the site plan review application for 127 Marblehead Street, North Andover,
MA and request the Planning Board deny the application or at the very least the application
should be withdrawn, not continued, until such time as Zoning Board of Appeals holds public
hearings as the property needs numerous variances and all the site plan materials are submitted in
full.
The property has been abandoned for over two years with the current owner and over 15 years
with the prior owner. The property has been vacant with no utilities in service for close to two
decades. The section on Abandonment requires the property to conform to existing bylaws. It
would be a concerning precedent to allow a property to be left abandoned and then continue its
nonconforming status.
§ 195-9.5.Abandonment.
If any lawfully nonconforming building or use of a building or land is at any time
discontinued for a period of two years or more, or if such use or building is changed to
one conforming with the North Andover Zoning Bylaw in the district in which it is
located, it shall thereafter continue to conform.
Multi Family dwellings and apartments are prohibited in the Table of Use under R4 and a two
family residence requires a special permit. The lot is 4,500 so ft which is approximately 113 of
current minimum required size of 12,500 sq. ft. for a single family in R4. This density of 4
residences with 8 parking spaces would leave little to no open space on the property. There are
properties much larger than this which could become a four family and allowing this would set a
concerning precedent.
Multi Family dwellings are prohibited in R4
§ 195-4.3. Residence 4 District.
N. Residential dwellings.
(1)Dwelling types.
(a) One-family dwelling.
(b) Two-family dwellings, by special permit from the Zoning Board of
Appeals in accordance with § 195-10.7 of this bylaw and Subsection N(4) of this section.
The lack of available space is evident in the Board of Health's opinion of May 3, 2019 where
there is concern that there is even enough space to locate rubbish receptacles. "The site looks
pretty tight and I do not see an area designated for trash barrel storage. The owner would need to
provide at least 1, 65 gallon tote or barrel per unit and recycling bins or totes for this dwelling. If
one 65 gallon tote is not enough and if they can not maintain the site and trash overflows and
provided receptacles and becomes an issue the Health Department will need to take enforcement
actions. It does not appear to have room for a dumpster and it does not seem appropriate to have
a dumpster in a neighborhood with houses this close together. Noise, odor and rodent issues
would be a serious concern. Please let me know if you have any questions." Brian LaGrasse
Director of Public Health.
It is unclear where in the bylaws tandem parking is allowed. The area already has parking
concerns and the intersection has a fair amount of accidents and near misses. Having two
driveways with tandem parking within a very short distance of a busy intersection will create a
significant hazard when cars are being shuffled in and out to allow the vehicle in the rear to leave
the space. Undoubtedly, it will set up parking or stopping to close to the intersection and burden
our town's Police Department or leave a dangerous situation at an intersection within walking
distance to Thomson School and Carl Thomas fields.
700 CMR: 5.401 (5) No person shall stop or park a vehicle so as to obstruct a road,
driveway, parkway, intersection, sidewalk or pedestrian crossing or on a hill or curve
where it would be a hazard or obstruction for other traffic. When stopping or parking a
vehicle off of the traveled portion of the road, the front of the vehicle should be facing the
direction in which traffic in the nearest traffic lane is flowing, and the vehicle should be
stopped or parked parallel and within 12 inches of the curb; but in no case should any
vehicle stop or park within 20 feet of any intersection nor within ten feet of a fire hydrant.
In addition at least one of the two proposed driveways does not meet the setback requirements of
3 feet. The one driveway with two tandem parking spaces does not meet the minimum 12 feet
wide requirement. The 6 parking spaces have a driveway which exceeds the allowed 25 feet. It
is unclear if the Planning Board has authority to waive the curb cut to the roadway provisions.
§ 195-8.5 Design Standards
C. (3) For facilities containing five or more stalls, such drives shall be a minimum of 12
feet wide for one-way use and 20 feet wide for twoway use. The minimum curb radius
shall be 15 feet. The maximum width of such driveways at the street line shall be 25 feet
in all districts.
Additionally, there is no designated handicapped parking which would seem to be required for a
four family. There are likely other ADA requirements which will need to be complied with for a
four family.
Advisory 233.1 General, Section 233 outlines the requirements for residential facilities
subject to the Americans with Disabilities Act of 1990. The facilities covered by Section
233, as well as other facilities not covered by this section, may still be subject to other
Federal laws such as the Fair Housing Act and Section 504 of the Rehabilitation Act of
1973, as amended. For example, the Fair Housing Act requires that certain residential
structures having four or more multi-family dwelling units,regardless of whether they are
privately owned or federally assisted, include certain features of accessible and adaptable
design according to guidelines established by the U.S. Department of Housing and Urban
Development (HUD). These laws and the appropriate regulations should be consulted
before proceeding with the design and construction of residential facilities.
i
Residential facilities containing residential dwelling units provided by entities subject to
HUD's Section 504 regulations and residential dwelling units covered by Section 233.3
must comply with the technical and scoping requirements in Chapters 1 through 10
included this document. Section 233 is not a stand-alone section; this section only
addresses the minimum number of residential dwelling units within a facility required to
comply with Chapter 8. However; residential facilities must also comply with the
requirements of this document. For example: Section 206.5.4 requires all doors and
doorways providing user passage in residential dwelling units providing mobility features
to comply with Section 404; Section 206.7.6 perniits platform lifts to be used to connect
levels within residential dwelling units providing mobility features; Section 208 provides
general scoping for accessible parking and Section 208.2.3.1 specifies the required
number of accessible parking spaces for each residential dwelling unit providing mobility
features; Section 228.2 requires mail boxes to be within reach ranges when they serve
residential dwelling units providing mobility features; play areas are addressed in Section
240; and swimming pools are addressed in Section 242. There are special provisions
applicable to facilities containing residential dwelling units at: Exception 3 to 202.3;
Exception to 202.4; 203.8; and Exception 4 to 206.2.3.
In reference to the applicants request for the following waivers:
Drainage Area Map
Stormwater Management Plan
Landscape Plan
Traffic Impact Study
Fiscal Impact
Community Impact
The property requires site plan review for the change of use and the five or more parking spaces.
(iii) Any construction, site improvements, new uses in existing structures or
developments which contain new processes not normally associated with the existing use
and which result in changes in the potential nuisance to adjacent property; traffic
circulation; storm water drainage onto or off of the site; and/or the application of the
parking standards of Section 8.1 indicate the need for five (5) or more new or additional
parking spaces.
We disagree with applicant that the change of use to a non permitted use as a four family and
adding 6-8 additional parking spaces is minor. This is a substantial change and could have
significant impact to neighboring properties with stormwater and drainage. There are grade
changes on the property and the existing lawn area that currently mitigates run off. The increase
in impervious surface for the parking behind the existing structure could create water problems
to neighbors along with roadway winter hazards from the additional proposed curb cut.
The Planning Board can provide waiver of a site plan review only if it determines the following:
(c) Waiver of site plan review.
i) When, in the opinion of the Planning Board, the alteration or reconstruction of an
existing structure or new use or change in use will not have a significant impact both
within the site and in relation to adjacent properties and streets, on pedestrian and
vehicular traffic, public services and infrastructure, environmental, unique and historic
resources, abutting properties, and community needs, the Planning Board may determine,
without a public hearing, that submission of a site plan review application is not required.
ii) The applicant must request a waiver from site plan review in writing and may be
required to submit supporting documentation that site plan review is not required. The
waiver request will be discussed at a regular session of the Planning Board.
The number of waivers needed cannot even begin to be determined until the Zoning Board of
Appeals receives a complete application and hears the application. It seems unclear if the
Planning Board has authority to waive the ADA requirements, allow tandem parking, lessen the
driveway width amongst other waivers needed. If the Planning Board proceeds with this public
hearing, prior to a decision from the Zoning Board of Appeals, we request they deny any waivers
and have the applicant provide a complete site plan review in accordance with the bylaws. We
have other concerns regarding setbacks, drainage, lighting, refuse and elevations. The following
items were not included in the application nor was a waiver requested:
Lighting
Utilities
Refuse
Signage
Elevation
Topography
The Planning Board is the only entity which can approve a continuance. This would be
burdensome to the neighbors not knowing in advance when the application would be heard and
having to attend meetings to ensure our concerns are met and then have it continued because the
applicant has not applied or even finished with the Zoning Board of Appeals. We would like to
be able to review the complete site plan application prior to a meeting, know what the complete
list of variances which will be needed after the abandonment is reviewed and have the ability to
consider hiring experts if needed. It would be an unnecessary financial burden on the neighbors
to hire consultants at this time and to continually review changes to the site plan application
especially if the Zoning Board of Appeals denies an application which has yet to be submitted
for a four family.
We humbly request the Planning Board deny the Application and not continue the hearing or
allow the applicant to withdraw their application with proper renotice at the appropriate time
after a public hearing and decision of the Zoning Board of Appeals.
Respectfully,
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