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HomeMy WebLinkAboutMemo to ZBA in Support - Correspondence - 14 BROWNS COURT 7/30/2026 MEMORANDUM To: Town of North Andover Zoning Board of Appeals(“ZBA”) Applicant:Centro de Apoyo Familiar Properties:14, 16 and 20 Browns Court Map 041, Parcels 13, 47 and 34 Date: July 30, 2026 MEMORANDUM IN SUPPORT OF APPLICATIONS FOR DIMENSIONAL VARIANCES AND TWO-FAMILY SPECIAL PERMITS I.Summary of Relief Requested The Applicant seeks dimensional variances from §195-7.2(A), §195-7.3(A)– (C), and Table 2 (Summary of Dimensional Requirements) of the Zoning Bylaw for front, side, and rear yard setbacks, lot area, and frontage for each of 14 Browns Court, 16 Browns Court and 20 Browns Court, to permit the razing of existing structures and construction of a two-family dwelling on each lot. The Applicant also seeks special permits under §195-4.3(N)(1)(b), §195-4.3(N)(4), and §195-10.7 to authorize two-family use on each lot. The applications were filed after the Building Commissioner denied building permits pending issuance of dimensional variances and two-family special permits. II. Background and Discussion The properties which are now known as 14Browns Court, 16Browns Court and 20 Browns Court were originally part of a larger parcel, with multiple structures on a single lot. The structures were originally built in the early 1900’s, prior to the adoption of subdivision and zoning laws. The single parcel was later divided into the three (3) separate lots, as presently still exist, under an exception {00318150;v2} East Mill, 120 Water Street, Suite 406, North Andover, MA 01845 WWW.SMOLAKVAUGHAN.COM Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 to the subdivision law that allowsfor the creation of separate nonconforming lots wherea buildingthat predatedthe enactment of the subdivision laws then remainedon each lot. The plan creating the lots and showing the then existing structures, was endorsed by both the Planning Board and the ZBA and it was recorded on April 27, 1982, with the Essex North District Registry of Deeds as Plan No. 8865. A copy of the plan is attached hereto as Exhibit A. Concurrently with approval of Plan No. 8865in 1982, the ZBAalso approved a Variance to allow thethenexisting residential structures to lawfully exist ontheseparate lots,with eachhaving less than the required lot area, 1 . A Notice of Decision for these Variances was also frontage and setbacks recorded on April 27, 1982, with the Essex North District Registry of Deeds at 2 Book 1572, Page 108 . A copy of the 1982 Variance is attached hereto as Exhibit B. More recently, Bread & Roses Housing, Inc., a Massachusetts nonprofit corporation, sought and obtained approvals in 2023 to raze the existing structure located at20 Brown Court and to construct in its place a new two-family dwelling. Thesemore recent setback variances and two-family dwelling special permit, were issued by the ZBA on March 14, 2023, and recorded on May 10, 2023, with the Essex North District Registry of Deeds at Book 17736, Page 11 and Book 17736, Page 14. Copies of the 2023 Special Permit and Variance are attached hereto as Exhibit C. After obtaining these approvals, Bread & Roses Housing, Inc.acquired title to 20 Browns Court, in August, 2023,by deed recorded with the Essex North Registry of Deeds at Book 17821, Page 213. Thereafter, in August, 2024, Bread & Roses Housing, Inc. was merged with and into Centro de Apoyo Familiar, which is also a Massachusetts nonprofit corporation. As such, Centro de Apoyo Familiar became the owner of 20 Browns Court. Prior to constructing thenew two-family dwelling on 20 Browns Court (whichthe ZBAhad already approvedin2023), the adjacent properties located at 1 The existing 1982 Variance did not make reference to the exact dimensional relief granted but did generally cite relief for lot area, frontage and set backs and it included reference to the Variance Plan recorded as Plan No. 8865, which shows the same lot dimensions as presently still exist. A new variance is clearly required for the new setbacks which are changing, but the prior 1982 Variance would likely still remain valid with respect to lot area and frontage. However, in an abundance of caution, because we are seeking new setback variances for construction of new structures, we are seeking to obtain new lot size and frontage variances to avoid any future confusion as to whether the prior variances remain in effect 2 It is noted that the 1982 Variance makes reference to 16-18-20 Browns Court but the Lots are currently known and numbered as 14, 16 and 20 Browns Court {00318150;v2} 2 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 14 Browns Court and 16 Browns Court also became available for sale. The Applicantacquired title to both 14 Browns Court and 16 Browns Court(in addition to 20 Browns Court),in July, 2025by deed recorded with the Essex North Registry of Deeds at Book 18333, Page 100, and the Applicant has elected to modify its prior 2023 approvals to pursue a coordinated redevelopment of all three lots rather than proceed solely under the 2023 approvals for 20 Browns Court. The properties are all located in the Residence 4 (“R-4”) Zoning District where the proposed use of the lots as two-family residential dwellings is permitted with issuance of a two-family special permit. The Applicant now proposes to raze all existing structures on all lots and construct a new two-family dwelling on each lot, relocating the building footprints southeasterly on the respective lots, to increase separation from the nearest Water Street abutter (61– 67 Water Street) and to also create greater separation between the proposed new dwellings on the subject lots. In moving the structures in this manner, a more significant variance is being requested for the “center” lot (ie, 16 Browns Court) 3 than might typically otherwise be entertained. However, the Applicant has also proposed granting a twenty foot (20’) use variance in favor of this lot over the border of its abutting lot (ie, on 20 Browns Court), so as to ensure that an adequate side setback buffer area is permanently maintained between the buildings. For further reference, see the proposed easement area as shown on the plot plan for 20 Brown’s Court included with the applications. The proposed project would comply with all dimensional zoning 4 requirements of the Zoning Bylaw, with the exception of the dimensional variancesthat the Applicant has specifically requested. 3 The Applicant proposes a 1 foot setback for the right side yard of 16 Browns Court, where a 15 foot set back is required; however, with the benefit of the proposed 20 foot easement to be granted by 20 Browns Court in favor of 16 Browns Court, this effectively results in a 21 foot set back from the edge of the easement area. In addition, the proposed new structure on 20 Browns Court is located over 54 feet from the lot line (and 34 feet from the edge of the proposed easement area) resulting in more separation between the structures than is required by current side set back requirements (ie, 55 feet of separation where only 30 feet would be required if both structures were at the minimum setback from the lot line). In addition, the Applicant entertained the possibility of modifying the lots to shift the lot lines, but after an informal discussion with the Planning Board it was determined that a new subdivision process to modify the existing lots was too complicated, expensive and uncertain and was not feasible given the size and nonprofit nature of the Applicant and proposed development. 4 The properties are also located in the Machine Shop Village Neighborhood Conservation District. As such, in addition to the variance relief required under the Zoning Bylaw, the Applicant will also be required to comply with design guidelines and obtain design approval from the Machine Shop Village Neighborhood Conservation District Commission. The Applicant has proposed using the same plans and design as was previously approved {00318150;v2} 3 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Iii.Legal Basis for Variances Pursuant to Massachusetts General Law and Section 10.8 of the Zoning Bylaw (§195-10.8) variances have historicallybeengranted subject toa very strict standard where the ZBA must findthata literal enforcement of the Zoning Bylaw causes a substantial hardship (financial or otherwise) due to unique soil conditions, shape, or topography that specifically affects the land or structure in question but not the generaldistrictin which the land is located. Further, the ZBA would need to find that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw.The Applicant’s requested variancesshould satisfyall of suchhistoric requirements, including as follows:(i) the narrow, shallow shape of the lots is not generally found throughout the R-4 Zoning District; (ii) as a result of the shape of the lots, absent the variances requested, the Applicant would not be able to reasonably or feasibly redevelop the properties in a manner consistent with abutting and nearby properties or consistent with historic use of the lots, which would result in substantial financial hardship; and (iii)the relief sought will be desirable and without substantial detriment to the public good without derogating from the intent or purpose of the Zoning Bylawbecause it will allow for ablighted area to be substantially improved with aesthetically pleasing two-family homes that are consistent with nearby and abutting properties. It is noted that the ZBA made such findings on two (2) occasions previously, first in 1982 and again in 2023 when similar dimensional variances were previously granted. Whilethe Applicant believes that it again meets the historic standards for granting a variance, it should benoted that the standards have now been substantially relaxed,withmuchgreaterdiscretion and leeway being affordedto the ZBA to grant variances. The standards for granting a variance have been modified by virtue of recently enacted House Bill No. 5555, being the Fiscal Year 2027 state budget (the “Bill”), that was just signed into law by Governor Maura Healey on July 9, 2026. Section 47 of the Bill rewrote MGL c. 40A § 10, such that the prior standard has been replaced with a broader “practical difficulty” standard. As such the ZBA now should simply weigh the benefit to the Applicant and the public, including the value of encouraging housing production, against the potential detriment to the neighborhood's health, safety, by the Commission when the 2023 Variance and Special Permit approvals were obtained as these designs were well received by the Commission. {00318150;v2} 4 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 and welfare. The ZBA may still also consider as factors whether the difficulty stems from a property's soil, shape, or topography; whether strict enforcement would cause financial hardship; whether the applicant could achieve the same goal another way; and whether the applicant created the difficulty. But the discretion is permissive, not mandatory, such that the ZBA now has significant latitude to grant variances more readily than under the prior hardship standard. More specifically, Section 10of 40A, setting forth the standard of granting a variance, now reads as follows: The permit granting authority shall… grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law if the permit granting authority specifically finds that a strict enforcement of the ordinance or by-law would result in a practical difficulty. In making its determination, the permit granting authority shall weigh the benefits to the appellant or petitioner and to the public interest, including the interest in supporting the production of housing against the detriment to the public health, safety and welfare of the neighborhood, and may also consider: (i) whether the practical difficulty relates to soil conditions, shape or topography of such land or structures; (ii) whether the strict enforcement would impose a financial hardship on the appellant or petitioner; (iii) whether the benefit sought by the appellant or petitioner can be achieved by some other method feasible for the appellant or petitioner to achieve; and (iv) whether the practical difficulty was self-created. Clearly the ZBA might find in this case that the interests in providing much needed affordable housing to the community outweighs any possible detriment to the public health, safety and welfare of the neighborhood, particularly where the subject properties have collectively already historically 5 supported three (3) residential structures and perhaps up to five (5) units. Accordingly, for the reasons stated above, the Applicant respectfully requeststhe ZBA to grant the requested variances, and to allow the construction of the proposed new buildings within the applicable front, side and rear setbacks as requested, and to confirm and ratify the prior variances that were granted for lot area and frontage. 5 It’s noted that 16 Browns Court is already a two-family structure as per the town’s assessor records and the 1982 Variance Plan appears to show 20 Browns Court having historically including two units; evidence of multi-family use for 14 Browns Court was not noted {00318150;v2} 5 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Iv.Legal Basis for Special Permit In addition to the requested variances, the Applicant is also seekinga Special Permit to construct a two-family dwelling on each lot pursuant to §195- 4.3(N)(1)(b) and §195-4.3(N)(4) 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 as 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 typesand specifically, in this case, affordable housing. 3. The application addresses the requisite design standards as follows: a.The proposed new buildings are compatible with established uses in the district. Specifically, the properties surrounding the subject properties in the neighborhood are predominantly used for multi- family purposes, which is evident in review of the attached Exhibit D which highlights immediately adjacent lots that are currently identified as having a multi-family (ie, 2-family, multi-family or condo) or commercial use according to the Town’s assessor records. Further, historic use of the subject properties has included multi-family residential uses. b.In addition to attempting to maintain consistency with the uses in the area, the project achieves design compatibility with architectural features and exterior materials of surrounding structures. The new buildings are tastefully designed to be compatible with the neighborhood and will be subject to design guidelines and approval from the Machine Shop Village Neighborhood Conservation District Commission.And the proposed architectural plans were previously approved by the Commission in 2023. c. There are no historic concerns. The existing structures are in disrepair and not known to be of historic value or listed on the National Register of Historic Places or the State Register. {00318150;v2} 6 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 d.The design criteria topreserve established, mature vegetation, to the extent feasible, isinapplicable as the lotsareclearedwithout trees or plantings. But the redevelopment will allow for significant improvement to landscape with grass yardsand improved lanscaping. In addition to satisfying the special criteria for a special permit as described in §195-4.3(N)(4) of the Zoning Bylaw as outlined above, the Applicant’s proposalalso 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 an appropriate location for such use, structure or condition: The use is permitted with a special permit and the appearance will remain consistent with other homes within the neighborhood. The homes will be surrounded by other multi-family homes in a compact and densely developed area and as such the use and structures will be consistent with the neighborhood. 2.The use as developed will not adversely affect the neighborhood:The proposed two-family 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. The properties were historically used for multi-family use, the area is currently blighted with existing structures in disrepair and the new development will provide first time home buyers with pride of ownership to better maintain the area. Adequate parking is provided and the lots will be tastefully landscaped with green areas. 3. There will be no nuisance or serious hazard to vehicles or pedestrians: The residential use of the property is presently allowed. The two-family use will not create any hazard. 4.Adequate and appropriate facilities will be provided for the proper operation of the proposed use: The properties have historically been occupied as an existing residential neighborhood with all necessary facilities presently already existing and in place. 5. The use is in harmony with the purpose and intent of the Zoning Bylaw: Allowing the conversion to (or continuance of, as applicable) two-family use will not derogate from the intent or purpose of the Zoning Bylaw. The proposed use is a permitted use in the R-4 zone with the special permit {00318150;v2} 7 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 and will allow further improvement (of both functional and aesthetic repairsto the properties) that is consistent with and in keeping with other properties in the neighborhood. The use is permitted and the appearance will be a substantial improvement over existing conditions and will remain consistent with other homes within the neighborhood. Accordingly, for the reasons stated above, the Applicant respectfully requests that the Zoning Board of Appeals grant the requested special permits, to allow the Applicant to raze existing structures and construct new two-family dwellings on each lot. Respectfully submitted, Centro de Apoyo Familiar By itsattorney, __________________________________ Brian G. Vaughan, Esq. SMOLAK & VAUGHAN LLP 120 Water Street, Suite 406 North Andover, Massachusetts 01845 Tel. (978) 327-5217 {00318150;v2} 8 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Exhibit A – 1982 ANR Plan {00318150;v2} 9 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Exhibit B – 1982 Variance {00318150;v2} 10 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 11 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 12 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Exhibit C – 2023 Special Permit and Variance {00318150;v2} 13 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 14 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 15 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 16 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 17 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 {00318150;v2} 18 Memo to North Andover ZBA Re: 14, 16 and 20 Browns Court July 30, 2026 Exhibit D – Plan Showing Nearby Two-Family, Commercial and Multi-Family Uses {00318150;v2} 19