HomeMy WebLinkAboutVariance Application-Brooks Boathouse - Application - 1160 GREAT POND ROAD 3/16/2022 TOWN OF NORTH ANDOVER VARIANCE
REU.,:IVED
ZONING BOARD OF APPEALS
OFF'I('F
Town Clerk Time stamp
NAME: Brooks School-Boathouse i U 1�
ADDRESS OF APPEAL: 1160 Great Pond Road nALJOVE[z
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty(30)days prior to the first public hearing. for a hearing date and prepares the legal notice for mailing to
Failure to submit the required information within the time the parties in interest(abutters)and for publication in the
periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has
Board of an application as incomplete. been prepared and the cost of the Party in Interest fee.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and STEP 7:DELIVERY OF LEGAL NOTICE TO
Regulations and is not meant to supersede them, The NEWSPAPER:
-gq Litioner will o fete items that are underlined. The petitioner picks up the legal notice from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STEP 1:ADMINISTRATOR PERMIT DENIAL: local newspaper for publication.
The petitioner applies for a Building Permit and receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE THE ZONING
Commissioner. BOARD OF APPEALS:
The petitioner should appear on his/her behalf,or be
STEP 2:VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance. All information shall be completed. Board shall decide on the matter by using the information it has
received to date.
STEP 3.PLAN PREPARATION:
Petitioner submits all of the required plan information as cited STEP 9:DECISION:
in page 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision
will be filed in the Office of the Town Clerk and sent to the
STEP 4:OBTAIN LIST OF PARTIES IN INTEREST: petitioner and all Parties in Interest.Any appeal of the Board's
The Petitioner requests the Assessor's Office to compile a decision may be made pursuant to Massachusetts General Law
certified list of Parties in Interest(abutters). ch.40A, § 17,within twenty(20)days after the decision is filed
with the Town Clerk.
STEP 5:SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(11)copies of all STEP 10: RECORDING THE DECISION AND THE
required information to the Town Clerk's Office to be certified PLANS,
by the Town Clerk with the time and date of filing. The The petitioner is responsible for recording certification of the
original shall be submitted to the Town Clerk's Office,and the decision,and any accompanying plans at the Essex County,
I I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; I Union Street,Lawrence MA 01.840
secretary. and shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
STEP 6:SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGAL NOTICE:
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev,&Services 978-688-9501 Town Clerk's Office
North Andover Town Ila]] 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Brooks School-''Boathouse'
YMPORTANT: APPLICANTS S I" "f+M'S()N"1 HfS FORM
PETITIONER INFORMATION
NAME: Brooks School
ADDRESS: 1160 Great Pond Road, North Andover, MA 01845
PHONE: 978-725-6300 EMAIL: pgriffin@brooksschool.org
If the petitioner artel/or properly oivrrer is a company,corporation or other entity,a list of the►tarries and addr°esses of the
Principals,officers anlUor Tnanagers rnrrst be attached to this form.
SUBJECT PROPERTY INFORMATION
I.,OCATION OF PROPERTY: 1160 Great Pond Road
ZONING DISTRICT: Residence 1 ASSESSORS PROPERTY MAP NO.: 103
r
LOT NO.:28
OWNER OF RECORD: Brooks School
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK.: 530 PAGE 290 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT"PROPERTY(i.e. owner,abutter,etc.):
Owner
CURRENT USE: Educational Facility
PROPOSED USE: Educational Facility
PREVIOUS VARIANCE GRANTED: YES X NO__DECISION NOJDATB:2017-04, 030-99, 009-93
OTHER REGULATORY REVIEW: YES X NO—IF YES, DESCRIBE STATUS:
Applications pending for Planning Board Special Permit(Watershed Protection District)and for Notice of
n en OF f-C-onditi on mmisslu a a t-e-ta—ppr a i equine t o�mM-g—
Board of A eals; Stake Plumbing Code Variance for Location of Remote Toilet Facilities obtained.
EXISTING CONDITIONS DESCRIPTION:
_As_shc7wn an Ip c?t plan included with appli .anon ot_jCLgi�e�fic�n ranGist�pf appr�imly fi7 arre�and i�
a portion of Brooks School main campus comprised of various educational, administrative, athletic,
-faettftylstudenflmsing-;-pfant rrd facif"ifdingsand-fiefds-and-re#afett infra
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Brooks School BoathPuse
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
�arianGe=re�tu�s�[alat�a-11]:��pased_dernoliii�t]�t�i�_"exist��t�atl�o�us.ssl[t ctur�e �con�l�o�aathr�,t.$.a,.and
Lyman Boathouse)located within the watershed protection district's non-disiurbance zone and reconstruction of a new
•replacement=boathouse-struettrre=Footprint#o existing--boathocrse-structures-is=appro%imatelp 3F(Motcombe=175&1
SF +/-; Lyman 1,647 SF+/-)and the gross floor area of the existing boathouse structures is approximately 4,234 SF
(R-�ae',381 Sl=+7-; yman ,853 S +1- ,wFiic struc#ures are propose to a raze an rep ace wit a sing a new
.structure_located:further-awayfrom-lake-and=wetlands_-than=exis#ing-buildings-t4evv--structure-i&proposed=to--have=a-footprint-
of approximately 3,770 SF(increase of 742 +/-SF, being approximately 24.6%increase)and gross floor area of
'apprmti►xtately=���'SF-(trrcr�ase=of=2;2Z�7��Sf; ra#et��4%s�� ----.-.---_
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
§3mm!.5-4 19 C 2&_whicfi_pr _i e5at cc�r� .t tiQrLof a- v�pex a ent s_f t e_in_t�4o -dt
watershed protection district is allowed only after a variance has been granted by the ZBA. In addition,a special permit will
-also-be required-from=the=Planning-Board-pursuant=to=§'195-420-ofthe-Zoning=Bylaw;— ---�= - -----_
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
,Specific-relief.s_re_quEWed,z fQLows;_(1:)-a=variane. is_r_equ�sted p rsu rt t_o_ :7.95_-4 _C, .e_fQ cottstructic�n_o# ,new
permanent structure in the non-disturbance buffer zone of the watershed protection district. (2)a finding or further variance
°is-requested=with=respect=to-§195-�20:F=of the-Zoning-Bylaw:Because=§195=4:20:F-specifies-that new-permanent----4-------_
structures within the non-disturbance buffer zone are limited to accessory structures or to expansion of structures by less
than 25°`of grass floor area,the applican8 requests that a fhding be iriclUc ed witli8 fhe decision confirming fhat the
.pro posed-new=b.o.athouse--structure_is.-in_fact,._allowed-under-_:this:provision.asan-acce.s.sory-structure,--or in-the-alternative,-...-
a further variance is requested from §195-4.20.F to allow for an expansion of up to 55%of gross floor area for the
'replacement-structure-
The proposed new boathouse structure will otherwise comply with all dimensional requirements, including without limitation
-all=height andsetback=requirements. -._ -- ----
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
5.urveylplot.pEan,prepar...ed:by_Haley,.WarCE,;site.:plans_prepared by_A.T._Leonard_&.Assoota#ps and=Flaley llyard,_ levation====
and Floor Plan set prepared by Olsen Lewis Architects, State Code Variance for Location of Remote Facility, and
,memorandum-in=support-of-variance-application=bv=Smolak=&Vaughan L=LP. -- ---- - -- — -
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Brooks School-boathouse
SUPPORTING STATEMENT
/M;*(71 Ot l,'O],wOII'NN(;IIIYQI1IREAIEA� 7S t,'OR A IN COAR'LlYTE°DEN1f, I
1.Describe the special circumstances related to soil conditions,the shape or the topography of the land or
structure that are unique to the parcel:
.LotinQl,�des_signifioaraLslQpes:a�d..grades.as,weil.awssubstantialwellarad-�.oils;�T..wQ.existing..boa..thQuse;structure�,_c�nthe_w o
lot are located within or encroaching upon no build, no disturb and other existing wetland resource areas. Also noted that
otherareas°of shore°frontat-which$a-boathouse might,be°located-are-wooded•or not°-arccessible'r,-----.0. ,. w. ._.,.ww..
2. Specify haw the circumstances do not generally affect other properties in the zoning district:
Property,is un q.uely,situeted.I,n to n.,as.part,:QJ.Brooks:Schoolwoampus..with
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
,Literal..enforcement-of.the Zoning,Qylauu might require the applicant„to.reconstruct-and.expand the.two,:existing:,bc_athouse.s:
in their current locations rather than consolidating into a single building. This would be more expensive and would not
,satisfy programmatic needs-.Further,-it would be substantially less,beneficial for-publicwelfare and-watershed resource
protection interests.
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
,The propQsedmvarianre,will.actually increase.the,-distance.between.the_b.oathouse..and.the:lake,.but,because of-the.nature
of a boathouse it requires that it be rebuilt and maintained within a reasonable distance to the water and due to lot grades
site-disturbance-is best°iimited by°building the-structurwinto,the-grade where proposed°to-be°located°rather-than-any-further,
distance away.
5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Braoks School Boathouse
Tl��apcz tJs� cennait�lr.�ccotd��ceb-csaotemp�a�ed��s=p�r.�titted ud� ncfe.�tt�:�.���i�,l�ylav�aoc�tluan��
will allow for site improvements to provide better protection and buffering to valuable resource areas than the existing
-conditions.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
her�e--wil1 l-� ite 1jmp,aat-ca=neighborho�Qd_aL,�,-the propos�esLuae_l"xistiag--aacLto-Ale--cQnbacted.,andt cause- e-
new structure will be substantially more protective of the wetland resource areas on the property with demolition of
,encroaching=structures=and=relocation-of new-structure°further away°from=lake=and-wetlands--•in-fachbenefiting°the -- --
watershed relative to existing conditions.
7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. coverage Feet Spaces Front I Side A Side B Rear
A, NA NA NA % NA NA NA NA NA NA
B.
E %
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet S aces Front Side A Side B Rear
67+ acres NA NA % 1000+ NA 1710 +I- 2750+1- 32 30
7C. Proposed Lot(s):
Mininitun Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot I Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
67+acres NA NA % 1000+ NA 1710+l- 2750+1- 270 +l- 50 +/-
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq,Ft. Coverage Feet Spaces Front Side A Side B Rear
57,120 NA NA 175 NA 30 30 30 30
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Brooks School-Boathouse
$A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
1,381 1 NA 1,381 nonprofit school; accessory-boathouse 1
1,647 2 NA 2,853 nonprofit school; accessory-boathouse 1
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* ofUiuts*
3,770 2 33.3 6,520 nonprofit school; accessory-boathouse 1
*References Uses from the Zoning Bylaw&,Table I
**State number of units in build ng(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signantres afl'elirioraer(sj are rerrtdred)
I am(we are)the owner(s) of the property subject to this variance petition and I(we)consent and certify as
follows:
I. I(we) grant permission for officials and employees of the Town of North Andover to access my property
for the purposes of this petition;
2. 1 (we) certify that I(we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my(our)petition;
3. 1 (we) certify that all the statements within this application and attachments are true and accurate to the
best of my (our)knowledge and belief.
X 3/16/2022
4etitir Signature) (Date)
r
(Petitioner Signature) (Date)
If Aly)licable:
Name of Attorney/Agent for Applicant:Brian G. Vaughan, Esq., Smolak&Vaughan LLP
Address of Attorney/Agent:21 High Street, Suite 301, North Andover, MA 01845
Phone Number of Attorney/Agent:978-327-5217
Ernail Address of Attorney/Agent: bvaughan@smolakvaughan.com
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Brooks Sche4l-Boethouse
9. PLAN OF LAND 6. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant,owner or
be accompanied by the following described plan, record,and land surveyor.
Plans must be submitted with this application to the 7. Locus
Town Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9.D. Minor Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required when the application further information may be required.
involves new construction/conversioai/and/or a
proposed change in use. 10. APPLICATION FILING FEES
10.A. Notification fees:Applicant shall provide
9.A. Major Projects a check or money order to:"Town of North
Major Projects are those,which involve one of the Andover"for the cost of first class,certified,
following whether existing or proposed: return receipt x#of all parties in interest
I). Five(5)or more parking spaces, identified in M.G.L ch.40A§11 on abutters list
II). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
Ill).2,000 square feet of building area, shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 913 address listed on the abutter's list,plus an
&9C feature,that the plans show detailed utilities, additional two(2)for the decision mailing.
soils,and topographic information. 10.B. Mailing labels: Applicant shall provide
*9. B. Plan Specifications: four 94)sets of mailing labels no larger than
I). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed 11"x17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
1I). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to:"Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer.
Registered Architect,and/or a ► A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1),year if not exercised and a new
be required for Major Projects. petition must be submitted
*9. C. *Required Features On Plan.
1). Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7, deed restrictions,casements.
11). Legend&Graphic Aids shall
include:
I. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. Graphic scales
4. Date of Plan
5. Title of Plan
Page 7 of 7