HomeMy WebLinkAboutSmolak and Vaughan memo - Correspondence - 45 THIRD STREET 3/14/2025 1�.
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SMOLAK & VAUGI-M.N .11.3
MEMORANDUM
To: Town of North Andover Zoning Board of Appeals (`ZBA")
Applicant: Prime Builders LLC
Property: 45 Third Street
Map 20,Parcel 3
Date: March 13, 2025
MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT
1. INTRODUCTION
The Applicant,Prime Builders LLQ,proposes to construct art addition to an existing
building located at 4517bird Street and convert the use of the Property from single family
dwelling to:multi-family. More specifically, the Applicant is seeking relief from§195-4.3.3 and
the general requirements of§195-10.7 of the Zoning Bylaw of the Town of North Andover, as
amended (the "Zoning Bylaw") in the form in the form of a special permit to allow for the
conversion of the Property to a three (3) unit multi-family use.
11. BACKGROUND
The Property is currently improved with a two-story single family wood frame structure
and with associated parking and site improvements, The Property is located in the R-4
Residential zoning district and the lot is substantially oversized, as it consists of 20,442 SF where
the minimum/required lot size is only 12,500 SF,being almost twice as large as is required in
the zone. The existing building on the lot is conforming to current zoning requirements,
excepting for a front setback of 19.4 feet (where 30 feet is required) and a rear setback of 77 feet
(where 30 feet is required.) But no variances are required for these existing encroachments to
the setback,because the structure is a pre-existing lawful nonconforming structure constructed
before the zoning setback requirements were adopted,
The Property was purchased in December, 2024 by 45 Third Street LLC,with the intent
of further developing the lot and converting its use to multi-family, The Applicant has
proposed an expansion to the existing structure and conversion of its from a single family
dwelling to a three unit multi-family dwelling.
(003,00282;%,l 1
Memo to North Andover ZBA
Re:45 Third Street
March 13,2025
III. DISCUSSION
As noted above, the Petitioner is requesting a Special Permit for the expansion and
conversion of an existing one-family home to a multi-family home pursuant to§195-4.3.N.3 of
the Zoning Bylaw. Special permit granting criteria for multifamily conversions is found in §195-
4.3.N.4 of the Zoning Bylaw and is satisfied in.this case as follows:
1. The proposed project is consistent with the Master Plan is it will create new and
desirable housing consistent with the objectives,purposes and intent of the Master
Plan.
2. The proposed use furthers the Town's interest in providing a range of housing types.
3. The application addresses the requisite design standards as follows:
a. The Residential 4 District consists primarily of single-family dwellings near the
Stevens Memorial Library Area and off of Massachusetts Avenue, and more compact
neighborhoods with a mix of residential uses toward Waverly Road. New
construction or substantial alteration of buildings must complement and reinforce
the design features of these neighborhoods. The subject property is located in the
area of the R-4 zoning district away from the library where the lots are becoming
much smaller and more compact (although the lot is one of the largest lots in this
area) and where the Iots are generally more densely developed with multi-family
structures. This is visible in review of the attached Exhibit A which shows the
generally smaller lot sizes and density of the zone in the area of Dudley Street,Third
Street and Maple Ave. Further,a large proportion of the homes and lots in this area
are more densely developed and used for multi-family purposes,which is evident in
review of the attached Exhibit B which highlights lots in the area that are currently
identified as multi-family use according to the Town's assessor records (ie, 2-family,
multi-family or condo.)The proposed development would be consistent with the
neighborhood in that many neighboring properties are already multifamily and also,
although the proposed structure will be large it has been carefully designed by the
architect and applicant to provide the appearance of what might be three separate
single family structures on three smaller lots consistent with the surrounding
neighborhood and properties (although technically connected by garages and
breezeways as a single structure on a single lot.)
b. In addition to attempting to maintain consistency with the density and uses in
the area, the project achieves design compatibility with architectural features and
exterior materials of surrounding structures as it has been carefully and tastefully
designed by the architect to mimic existing structure.
c. Although the existing home is not known to be a structure of historic value listed
on the National Register of Historic Places or the State Register, the project is
f00300282;v1) 2
Memo to North Andover 7_.BA
Re:451hird Sheet
Marcia 13,2025
nonetheless being proposed in a manner that maintains and preserves the existing
historic structure and its period details rather than as a raze and rebuild project.
d. Although the applicant might seek to preserve established,mature vegetation,to
the extent feasible, this requirement is largely inapplicable as the lot is already
substantially cleared with a grass yard.
In addition to satisfying the dimensional criteria for a Special Permit as described above,
the current application will be consistent with the existing demographics of the neighborhood.
It is noted that many of the surrounding homes to the subject property on High Street and
neighboring roadways are two family or larger.multifamily homes. Many surrounding homes
are larger multifamily homes and the proposed new structure will not result in a derogation of
the neighborhood.
IV. LEGAL BASIS FOR SPECIAL PERMIT
In addition to satisfying the special criteria for a Special Permit as described in§195-
4.3.N.3-4 of the Zoning Bylaw as outlined above, the Applicant's proposed special permit meets
all of the general conditions for granting of a special permit as set forth in§195-10.7 of the
Zoning Bylaw as follows:
1. The specific site is arr appropriate locatioii for such use, structure or condition: The use is
permitted by right (with a special permit) and the appearance will remain consistent
with other homes within the neighborhood. The home is surrounded by other multi-
family homes in a compact and densely developed area and as such the use and
structure will be consistent with the neighborhood.
2. The use as deg elo ed will not adversely affect the nei hborliood: The proposed use for the land
will provide no adverse impact to the neighborhood and is an allowed use in the R-4
zone with and upon issuance of the special permit. One of the main concerns in the area
can be parking. Although the two additional units would increase parking demands,it
is noted that there is more than ample parking provided. Under existing conditions
there are 2 off-street spaces for the single family,whereas the proposed project will
provide for 10 off-street spaces for three units (where only 6 spaces would be required),
between a combination of garage and driveway spaces.
3. There will be no nuisarzce or serious hazard to vehicles or edestrians:The residential use of
the property is presently allowed. Conversion of the home from a one family dwelling
to a three unit dwelling will not create any hazard.
4. Ade uate arid a ro riate acilities will be provided.for the proper o eration of the proposed use:
The Property is in an existing residential neighborhood with all necessary facilities
presently existing and in place.
100300282;N,r j 3
Menlo to North Andover ZBA
Re:45 Third Street
March 13,2025
5. 77,ie use is hi harlijony with the jz!Lt� e_aqd intent of the Zoifing By law: Allowing the
conversion to multi4amily will not derogate from the intent or purpose of the Zoning
bylaw.The proposed use is a permitted use in the R-4 zone and will allow further
improvement(of both functional and aesthetic repairs) that is consistent with and in
keeping with other properties in the neighborhood. The use is permitted by right and
the appearance will remain consistent with other homes within the neighborhood.
Accordingly,for the reasons stated above,and others that will be presented at the
hearing, the Applicant respectfully requests that the Zoning Board of Appeals grant the
requested special permit, to allow the proposed conversion of the Property to a multi-family
dwelling.
Respectfully submitted,
Prime Builders LLC
By its attorney,
Brian G.Vaughan,Esq.
SMOLAK&VAUGHAN LLP
21 High Street, Suite 301
North Andover,Massachusetts 01845
Tel, (978) 327-5217
(00300282;vl) 4
Memo to North Atidover ZBA
Re 45 Third Street
March 13,242
Exhibit 11
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{00300282;vI}
Memo to North Andover ZDA
Re:45 Tliird Street
Mardi 13,2025
Exhibit B
Plan Identifying Nearby Multi-Family Properties,
TOM ol,Noqh Andovor,MA Match 12,20'25
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