HomeMy WebLinkAboutMemo to ZBA in Support of Variance (217 Gray Street) - Correspondence - 217 GRAY STREET 8/6/2021
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals
Petitioner: Paul Miller and Lillian Miller
Property: 217 Gray Street
Map 107.D, Parcel 112
Date: August 6, 2011
MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE
I. INTRODUCTION
The Petitioners, Paul Miller and Lillian Miller, have submitted an application
requesting a dimensional variance to allow for the construction of a two stall detached
garage structure at 217 Gray Street. More specifically, the Petitioners are seeking relief
from Section 195- 7.3(B), and the requirements set forth in Table 2 Summary of
Dimensional Requirements, of the Zoning Bylaw of the Town of North Andover, as
a dimensional variance for the proposed
left side yard setback - with the
proposed garage structure to be located approximately side yard where
the side setback required pursuant to Table 2 of the Zoning Bylaw is .
II. BACKGROUND
Mr. and Mrs. Miller are longtime residents of 217 Gray Street, having purchased
the property in May, 2000 by deed recorded with the Essex North Registry of Deeds at
Book 5757, Page 256. They have now resided at the property for over 21 years. The
property was originally laid out as Lot 2 on a plan that was dated August 6, 1985 and
recorded with the Essex North Registry of Deeds as Plan No. 10006. A copy of this
subdivision plan creating the lot is attached as Exhibit A . There is an
existing 4 bedroom residential dwelling on the property that was constructed in 1985.
The lot is shown with the existing dwelling together with the footprint for the proposed
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East Mill, 21 High Street, Suite 301, North Andover, MA 01845
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
new detached garage structure on a plan submitted with the application and entitled
of Land in North Andover, MA, prepared for Paul E. Miller and Lillian B. Miller
dated May 24, 2021, revised June 7, 2021, prepared by Merrimack Engineering Services
Variance . The Variance Plan shows the required and proposed dimensional
requirements for the lot and a reduced copy of this plan is also attached as Exhibit B. As
depicted on the Lot Plan and Variance Plan, the lot is unusually shaped with jogged
sidelines and there is a wetland delineated to the rear of the parcel.
The property is located in the Residence 2 -2
proposed use of the lot as a single family residential dwelling is permitted by right. The
Petitioners applied for a building permit to allow for the construction of the proposed
new detached garage structure on the lot. The Building Inspector issued a denial of the
. As basis for denial, the Building Inspector
determined that the proposed project does not comply with the current dimensional
requirements of the Zoning Bylaw, because the left side of the new structure would
encroach into the required side setback, -2 District
III. DISCUSSION
As noted above, the Petitioners are requesting relief in the form of a zoning
dimensional variance for the left side setback for the proposed new detached garage.
Section 195-7.3(B) of the Zoning Bylaw requires that lots within the R-2 Zoning District
comply with minimum side setback of 30 ft.
As evidenced by the Dimensional Summary table on the
Variance Plan, the Petitioners proposed project would comply with all dimensional
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zoning requirements of the Zoning Bylaw, with the exception of the left side setback for
which the Petitioners have hereby requested a variance. Specifically, the Petitioners are
requesting approval of where is required
relief.)
Assuming that ZBA approval is obtained for the requested zoning variance, the
Petitioners will still then be required to obtain all other necessary approvals for the
proposed project, which will include approval from the North Andover Conservation
Commission for the building and disturbance within the wetland buffer area
and necessary order of conditions, as the Property and proposed project would remain
subject to jurisdiction of the NACC. The NACC generally requires the approval of the
zoning variance before they will proceed with consideration of the proposed project.
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It is noted that in addition to the variance relief required under the Zoning Bylaw, the Petitioners will also be
required to obtain relief from the Conservatio
. Upon obtaining necessary approval for a variance from the Zoning
Board, the Petitioners would seek necessary approvals from the Conservation Commission before a building
permit would issue by the Building Department.
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
IV. BASIS FOR VARIANCE
Pursuant to Massachusetts General Law and Section 10.8 of the Zoning Bylaw
(§195-10.8) where the ZBA finds that, owing to circumstances relating to soil conditions,
shape, or topography of the land or structures and especially affecting such land or
structures but not affecting generally the zoning district in general, a literal enforcement
of the provisions of the Zoning Bylaw will involve substantial hardship, financial or
otherwise, to the petitioner, and that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially derogating from the
intent or purpose of the Zoning Bylaw. The Petitioners requested variance would satisfy
all of such conditions or requirements for granting of a variance, including as follows:
1. There are circumstances relating to soil conditions and shape of the lot especially
affecting such land or structures but not affecting generally the zoning district in
which the property is located. In particular, it is noted that the lot is oddly
configured with the side lot lines angled substantially to the right until they
reach approximately the midpoint of the lot, at which point the angle back
substantially to the left. In addition, there are wetlands and hydric soils located
to the rear of the lot. The conditions related to soils and shape are unique to this
property, and do not generally affect the entire R-2 Zoning District.
2. As a result of the circumstances described above which affect the property but do
not affect the zoning district in general, a literal enforcement of the dimensional
setback requirements for the R-2 District of the Zoning Bylaw will involve
substantial hardship, financial or otherwise, to the Petitioner. Given the location
of the existing dwelling on the lot and the combination of the site constraints
created by the rear wetlands and the oddly configured left lot line, a fully
conforming setback for the proposed detached garage structure would be
impossible to locate on the lot unless the existing dwelling were to be moved
which would create a substantial financial hardship. There are a number of
factors which would limit locating the proposed garage further to the right or
closer to the street, which would include the existing dwelling location and
driveway and needing to allow adequate access and turning radius to the
existing garage stalls under the home.
the wetland in the rear (which again will already require relief from the NACC
to the rear or to the right, given the delineated wetlands to the rear of the lot.
These various site constraints are highlighted in the diagram below:
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
3. The relief sought will be desirable and without substantial detriment to the
public good without nullifying or substantially derogating from the intent or
purpose of the Zoning Bylaw. The construction of a new detached garage on the
lot will enhance the aesthetics of the property and provide functional utility to
the property. Given the age of the existing home the existing garage under the
structure is not adequately sized to accommodate larger modern vehicles (such
as a full size SUV or pick up) and the new detached structure will facilitate this
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
need. Further, the proposed location of the new garage will in fact maximize
distance between it and the nearest neighboring structure and is the preferred
location to allow a more substantial buffered view for the neighboring
properties. Moreover, allowing the construction of the proposed garage will not
derogate from the intent or purpose of the Zoning Bylaw because it is a
permitted use and will allow development that is consistent with and in keeping
with other properties in the neighborhood. Aesthetically it will remain
consistent with the existing colonial home and will be consistent with the
character of the neighborhood.
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 variance, and to allow the construction of a new detached garage structure
within the left side setback.
Respectfully submitted,
Paul Miller and Lillian Miller
By their attorney,
__________________________________
Brian G. Vaughan, Esq.
SMOLAK & VAUGHAN LLP
21 High Street, Suite 301
North Andover, Massachusetts 01845
Tel. (978) 327-5217
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
Exhibit A Lot Plan
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Memo to North Andover ZBA
Re: 217 Gray Street
August 6, 2021
Exhibit B Variance Plan
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