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HomeMy WebLinkAboutMemorandum in Support of Applications - - MEMORANDUM To: Town of North Andover Planning Board Owner/Applicant: RCG J WILEY LLC Property: 93 Elm Street and 1 Elm Court Map 55, Lot 1; Map 55, Lots 50, 51, 52, 53 Date: July 5, 2022 MEMORANDUM IN SUPPORT OF APPLICATION FOR SITE PLAN REVIEW SPECIAL PERMIT AND COMMON DRIVEWAY SPECIAL PERMIT I. INTRODUCTION/PROPOSED PROJECT RCG J WILEY LLC is the owner and applicant of the Property located at 93 Elm Street and 1 Elm Court, having acquired the Property in May, 2021. The Property is comprised of two (2) multi-family residential structures which are located on separate parcels which are in common ownership by the Owner/Applicant. There is an existing shared driveway that is used by both 93 Elm Street and 1 Elm Court. The Owner/Applicant is requesting Planning Board approval of (i) a site plan review special permit, and (ii) a common driveway special permit, in connection with the proposed changes and improvements to the site, including modified driveway layout, elimination of an existing curb cut, creation of additional parking spaces and substantial improvement to drainage, all as more particularly shown and described in the Site Plan and associated materials submitted with the applications. Of particular note, there are no proposed changes to any existing building structures on the Property. The proposed improvements are limited to site plan improvements which are intended to improve traffic circulation and fire/safety access, eliminate a dangerous driveway intersection, increase green yard area and improved landscape appearance at 93 Elm Street while substantially improving existing drainage issues and adding parking spaces. II. REQUIRED RELIEF Based upon preliminary review of the proposed improvements, and the discussions of the Owner/Applicant and project team members with Planning and Community Development staff, we have determined that the following relief is required from the Planning Board under the North Andover Zoning Bylaw (*"NAZB"): {00234406;v1} 1 a. Site Plan Review Special Permit (Pursuant to NAZB, §195-8, PART 1, PART 3 and §195-10.7); and b. Common Driveway Special Permit (Pursuant to NAZB, § 195-2.2. (Definitions - Driveway) and § 195-10.7A). III. SPECIAL PERMIT CRITERIA The project meets all of the special permit criteria described under the NAZB. The following lists the criteria under §195-10.7 and how these criteria are met: (a) The specific site is an appropriate location for such a use, structure or condition. Site is appropriate location for use. Both lots are already fully developed and there are no new buildings proposed. There is no change in use; existing use complies with and is consistent with allowed uses in the district under the NAZB. The lots already share an existing common driveway serving both parcels,which will be relocated slightly and widened providing improved emergency access and facilitating drainage improvements and added parking. The elimination of the curb cut nearest to the Elm/Water Street intersection will substantially improve safety; the plan provides for improved and safer circulation with improved parking. (b) The use as developed will not adversely affect the neighborhood character. Again, the property use is existing and consistent with neighborhood. The Project provides appropriate building, landscaping and screening set back from the adjacent residential properties and will substantially improve existing conditions, with added parking, increased green areas and landscaping, and substantially improved drainage, including proposed offsite drainage improvement/repair as shown on plans within right of way. (c) There will be no nuisance or serious hazard to vehicles or pedestrians. As noted above, the common driveway will be located in substantially the same location as presently existing driveway, and curb cut located closest to the Elm/Water Street intersection will be eliminated, substantially improving safety at the intersection and to allow for better emergency access to the site. {00234406;v1} 2 (d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Adequate and appropriate facilities will be provided for the proper operation and use of the site; again, there are no new buildings or uses proposed and the Property is already fully serviced with all necessary utilities and infrastructure. The site and drainage modifications are intended to improve already existing infrastructure. (e) The use is in harmony with the general purpose and intent of this Zoning Bylaw. In addition to the reasons described herein and as shown on the plans, described in the stormwater narrative/report and other information submitted as part of the review process, the proposed use is in harmony with the general purpose and intent of this Zoning Bylaw for the following reasons. First, the project is a continuation of existing uses. Second, the project allows for substantial improvement to access, for increased safety, better drainage, increased parking, and the project will substantially enhance the aesthetics of the Property with elimination of curb cut and replaing same with new landscape. Further, the project, as shown on the Plans, will comply with the NAZB. For these reasons, all of the proposed improvements and enhancements noted herein and shown on the plans are in harmony with the general purposes and intent of the North Andover Zoning Bylaw. IV. REQUEST FOR APPROVAL For the above reasons, the Owner/Applicant, RCG J WILEY LLC, respectfully requests that the Planning Board approve and grant the Owner/Applicant's request for a Site Plan Review Special Permit and Common Driveway Special Permit. Respectfully submitted, RCG J WILEY LLC By its attorneys, Brian G. Vaughan, Esq. Smolak &Vaughan LLP East Mill, 21 High Street, Suite 301 North Andover, MA 01845 Tel. (978) 327-5217 100234406;v11 3