HomeMy WebLinkAboutTFM Letter to ZBA Updating Information - Correspondence - 25 Beechwood Drive 2/17/2021 Civil Engineers
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February 17, ZO21
JenniferBattery6y
Town of North Andover
Department of Building&Zoning
120 Main Street
North Andover MAO1O4S
Re: Proposed Climate Controlled Self Storage Facility
8eechwoodDrive
Dear Ms. 8mtterahy:
On behalf of our client, The Stubb|eb|ne Company, TFKAoran is submitting plans and supporting
documents relative to its proposed commercial development located at 8eechwmod Drive. We are
seeking a variance to Section 195-7.1A (Contiguous Buildable Area tu provide 78,491sf where isD1,67G
of is required under the ordinance. At the February ZBA Hearing, the Board asked for additional
information related to the CBA calculations involved with the creation of the subject lot and subsequent
adjustment in1996.
We have discussed these matters with Phil Christiansen, a former partner atChristiansen & Sergi, the
surveying company of record involved in the creation of the 1996 Lot Line Adjustment Plan (the
Christiansen Plan). Phil indicated that the CBA was added to the zoning in April 28, 1886. The Town
wetland bylaw was adopted K4ay11, 1999 (ecode360.com/15620958). So both when the original lot
was created in 1990, and subsequently adjusted in 1996, the local wetland bylaw did not exist, and the
CBA calculation was subject only to 310CMH10 for definition of term. The regulation stated terms shall
be as stated in the Wetlands Protection Act 131 C 40, 310CMH10.The buffer zone was not defined as a
resource area currently or ever under the Massachusetts Wetlands Protection Act, 310[K4R section
10.82(1). Therefore, the C8A calculation was effectively that 7596 of the min. lot area had to be
contiguous upland areas.
So,the CBA predated local wetlands bylaw. The original bylaw referred only to 310CMH10 for definition �
of term.Wetlands bylaw was later amended to add definitions of resource areas.
So, the Christensen Plan predates the local wetlands bylaw, correctly calculates the [BA by using the �
Wetlands Protection Act. As such, the subject parcel should be considered grandfathered to its original
/true [8A calculation taking into account only actual wetlands oo resource area, which iu noted ao 90%
on the Christiansen Plan, since it was |eQeUy created prior to the establishment of the local wetlands
ordinance.
Using the true/grandfathered method for calculation of CBA,the actual CBA of the subject parcel would
be 113,265 sf which exceeds the minimum requirement of 81,675 sf for this parcel,
48 CunmUtuUon Drive
Bedho*d, NH0311O
Phone(&03)472-4488
Fax(SO3)472-9747
Re:meechwomDrive
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Sergi, which was recently approved by the North Andover Planning Board. It is noted that these plans
also calculated the[8A using the original/true grandfatheredmethod.
For these reasons, we respectfully ask for the variance to be granted to allow for the gmndfatherinK of
the project relative tothe above calculation. VVo trust this information and enclosed plans are useful in
your consideration of our request and look forward to working with the Board on this important project.
Sincerely,
TFK8ORAN INC.
JosonS. Hill, P.E.
[r: Client
File
Enclosures
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