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HomeMy WebLinkAboutMemo in Support of Variance - Correspondence - 1160 GREAT POND ROAD 3/16/2022 MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owner: Brooks School Property: 1160 Great Pond Road (Map 103/Lot 28) Date: March 16, 2022 MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Petitioner,Brooks School,is requesting a variance to allow for razing of two existing boathouse buildings and structures and for the reconstruction of a new permanent structure in replacement thereof, together with completing all associated site work,utility installations, drainage and grading improvements related thereto,within the Non-Disturbance Buffer Zone within the Watershed Protection District. Specifically, the Petitioner is seeking relief pursuant to Section§195-4.19.C.2.c of the Zoning Bylaw of the Town of North Andover, as amended (the "Zoning Bylaw") in the form of a variance to allow for construction of a new replacement boathouse,as a new permanent structure,and being an accessory structure on the Brooks School campus. This memorandum is intended to provide a summary narrative review but further reference is made to the additional detail as is included in the application which it accompanies. II. BACKGROUND The Petitioner is the owner of multiple lots located on Great Pond Road and constituting the Brooks School campus. The lot in question is numbered as 1160 Great Pond Road and is identified as Assessor Map 103, Lot 28. It is a portion of the campus upon which a number of educational facilities,buildings and structures are presently constructed and operated. Among the buildings presently existing on the lot are two accessory structures used as boathouses. The Petitioner acquired the subject Lot in March,1927,as evidenced by a Deed,recorded with the Essex North Registry of Deeds at Book 530,Page 290. A copy of the Deed and Plot Plan are included with the Petitioner's application. The Property is located in the Residence 1 ("R-1") Zoning District where the proposed use of the Property for nonprofit educational purposes is permitted by right. But because the proposed construction was determined to be located in a Non-Disturbance Buffer Zone within the Watershed Protection District,pursuant to Section§195-4.18 of the Zoning Bylaw,the construction of a proposed new permanent building on the Lot and within the non-disturbance (00221495;v2) 1 i buffer zone would require the issuance of a Special Permit by the Planning Board,following the issuance of a variance to allow for new construction by the Zoning Board of Appeals. Accordingly,when the Petitioner applied for a building permit to allow for the construction of a new boathouse on the Lot within the non-disturbance zone,the Building Inspector issued a denial of the building permit dated March 14,2022 (the "Denial Letter"),citing as the basis for denial that the proposed project requires a Watershed Special Permit and Watershed Variance. III. BRIEF DISCUSSION OF RELIEF REQUESTED As noted above, the Petitioner is requesting a Variance for the construction of a new permanent structure (as a replacement accessory structure) pursuant to §195-4.19.C.2,c. In addition, the Petitioner is requesting a finding be made and included in the Variance that the proposed construction of the boathouse is an accessory structure which is permitted and allowed pursuant to §195-4.20.F of the Zoning Bylaw. It is noted that an"Accessory Structure" as defined by the Zoning Bylaw is a structure that is subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. In the context of this application, the principal structures on the Brooks School campus would be deemed to be the various educational buildings whereas the boathouse is a building and structure that is subordinate and incidental to the primary structures and uses. This is further demonstrated by the fact that the boathouse is in fact a seasonal use structure for which no securer infrastructure is proposed (consistent with existing boathouse structures) and with a primary functional use for storage of boats and boating equipment related to the accessory use. With regard to sewer infrastructure, a state plumbing code variance has been obtained and is included with the filing to approve the remote toilet facility location as proposed in the site plan set. It is also noted that the new boathouse might potentially,in the alternative,be approved as a replacement of the existing permanent structures pursuant to §195-4.20.D of the Zoning Bylaw. In this case,however,the footprints and gross floor area of the replacement structure is being relocated and expanded. Accordingly,we have sought a finding as referenced above to be included in the decision, to confirm qualification of the project as construction of an accessory structure in compliance with the requirements of§195-4.20.F. hi the alternative,if the Board did not agree with this analysis we would request that the project be considered as a replacement structure (for the two existing boathouses that are proposed to be razed) and with expansion being in excess of the 25% limitation as set forth in§195-4.20.F of the Zoning Bylaw and that a further variance then also be granted from the Iimitation on the size of an expansion that is permitted pursuant to §195-4.20.F. IV. BASIS FOR VARIANCE AND SUMMARY The Petitioner's proposed variance meets all of the conditions for granting of a variance, and each of the required elements are addressed in the application. Accordingly,for the reasons stated in the application,herein and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals grant the requested variance,and to allow the proposed construction of the new proposed boathouse on the Property, subject to the grant {(x)221495;%,2} 2 of a Watershed Special Permit from the Plarming Board and subject to necessary approvals from the North Andover Conservation Commission. Respectfully submitted, Brooks School By its attorney, Brian G. Vaughan,Esq. SMOLAK 8r VAUGHAN LLP 21 High Street,Suite 301. North Andover,Massachusetts 01845 Tel. (978)327-5217 {00221495;Q) 3