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HomeMy WebLinkAboutCorrespondence to Planning Board-82 Liberty St - Correspondence - 82 LIBERTY STREET 5/8/2024 • I I STAMSKI AND MCNARY, INC, 1000 Main Street Acton,Massachusetts 01720 (978)263-8585,FAX(978)263-9883 PRINCIPrI LS .4sSOC111TE JOSEPILNMRCH,P.E.,P.L.S. JONATHAN BOLLEN,P.L.S. GEORGE DI\tAI ARAKOS,P.C. i May 8,2024 Town of North Andover Planning Board 120 Main Street North Andover, MA 01845 Re: Variance Request 82 Liberty Street Map 9013,Parcel 54 Dear Members of the Board, On behalf of our client, Dirk Landgraf,and the owner and petitioner, Oona Johnstone, we hereby request a variance to the North Andover Zoning Bylaw, Section 195-7.3 Yards (setbacks)as set forth in Table 2, The bylaw reads as follows: 195-7.3 Yards (setbacks) Mi7timulu fi•orrt, side and rear setbacks shall be as set forth in Table 2 with Table 2 providing a side yard setback of 30' for this zoning district(Residence 1). Backer©iund The owner of the property would like to construct an addition containing a two-car garage, expanded entryway, and deck to an existing single-family dwelling. The property is a 1.15f acre nonconforming single-family lot located off Liberty Street in the Residence I district. The lot is nonconforming in terms of frontage and area.The existing frontage is 150' where 175' is required, and the lot area is 50,171 S.F. where 87,120 S.F. is required, The lot contains a dwelling,deck, patio, and paved driveway. The property does not have a garage or any form of covered parking. There is Bordering Vegetated Wetland(BVW) located on much of the property; the existing house is 21.2' to the wetland at its closest point. Z©nine Act As you are aware, Section 10 of the zoning Act allow the Zoning Board of Appeals to grant a Variance to the Zoning Bylaw "where such permit granling authority specif tally f nds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-Imi,would involve substantial hardship,financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted~without substantial detriment to the public good and~without nullifying or substantially derogating fr•orrr the intent or purpose of such ordinance or bylaw. " In this particular situation,the Variance request is requested due to the "lot shape"and "topography. "Because the lot is a nonconforming rectangular shape with insufficient frontage and area, the building envelope is smaller and more narrow than would otherwise be provided in this zoning district. Additionally, the wetland along the southern side lot line limits placing additions on that portion of the property. The existing house is located close to the northern side lot line at 35.7 , leaving only 5.7' of space between the house and the setback at its closest point. The angle of the dwelling also inhibits placing an addition on the eastern side of the house as it would still project into the setback. ENGINEERING PLANNING SURVEYING Page 2 of 2 May S,2024 The topography of the lot limits the reasonable construction of an addition to the front of the lot requiring the variance. The rear yard is several feet lower than the area in the front of the house,which is held up with a retaining wall. Placing the garage on this eastern side would require excessive quantities of fill and significant regrading to allow for the additional pavement that would be needed to meet the garage in this location. This would impose a substantial hardship for the owner due to the cost of fill and scale of site work. The topography of the lot also results in limited upland that is adjacent to the BVW associated with Sharpner's Pond, which is located offsite to the south. This BVW is located on the southern portion of the site,and it projects 100' Buffer Zone on nearly the entire property as well as a 50'No Build Zone and 25' No Disturb Zone as set forth by North Andover wetland bylaws. The existing house is very close to the BVW at only 21.2' away at its closest point. This contrasts with most of the other properties in the neighborhood which are not within such close proximity to wetlands. The proposed garage is located in an area that keeps the garage itself outside of this 50'No Build Zone,which limits impacts to the wetland. Placing the garage in any other location on the property would result in structures within the No Build Zone and, in some cases,within the No Disturb Zone. For example, placing the garage on the west side of the dwelling would place much of the footprint within the No Disturb Zone, resulting in potential adverse impacts to the resource area as well as substantial hardships to the owner. It would also require the regrading of steep slopes adjacent to the resource area. The proposed garage is in a rather flat location that is also otherwise being regraded for construction of a replacement septic system, so the garage construction in the location shown requires minimal site work and changes to topography. The proposed garage is located in an area that allows for the least impact to the resource area and the topography while also maintaining the character and function of the existing lot.The garage has been provided with the minimum dimensions needed to comfortably park two cars in order to reduce the projection into the setback. It will attach to the dwelling at the existing front door needing only a 6' deep entryway for access. The design is in harmony with the neighborhood as most of the properties along Liberty Street contain attached 2-car garages. The garage will also not impact any neighbors; the house on the lot adjacent to the side setback will be more than 90' from the proposed addition. The adjacent house is also located further away from the street than the subject property, so it is not in line with the subject property.Additionally, the garage is being placed on existing lawn, and there is a wooded buffer between the properties, so the projection into the setback will not be evident. The proposed garage addition has been designed to minimize impacts to the resource areas and topography while also maintaining the character of the property. The property is unique in that there are significant constraints imposed by the resource area which are exacerbated by the topography and limited size and width of the lot. Since the addition has been designed to minimize impacts,and there are no reasonable alternatives, it is the applicant's opinion that "relief may be granted ivithout substantial detriment to the public good and without nullifying or substantially derogating fronn the intent or purpose of the ordinance or bylaw. " Thank you for your attention to this matter. Please contact our office with any questions. Respectfully, Stamski and McNary,Inc, Nathanial Cataldo, E.I.T. George Dimakarakos, P.E.