HomeMy WebLinkAboutCorrespondence - 562 BOXFORD STREET 11/13/2014 i OLAK & VAUGHAN--,
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MEMORANDUM
To: Town of North Andover Zoning Board of Appeals
Applicant/Owners: Joyce Ann Bradshaw, Trustee of Gorton Family Trust
and Charlotte L. Hopping
Property: 562 Boxford Street (Map 105C/Lot 3 &Lot 22)
Date: November 13, 2014
MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE
I. INTRODUCTION
The Petitioners,Joyce Ann Bradshaw,as Trustee of the Gorton Family Trust
('Bradshaw') and Charlotte L. Hopping ("Hopping'),are requesting a variance for
property known as 562 Boxford Street (ie,Map 105C Lot 3)which is owned by Charlotte
L. Hopping(the"Hopping Land"),as such Hopping Land would be reconfigured, so as
to allow for a lot line adjustment as between the Hopping Land and the adjacent
property (ie, Map 105C Lot 22) which is owned by Bradshaw (the"Bradshaw Land").
Specifically,the Petitioners are seeking relief from Section 7.1,Table 2 and Section 7.1.1
of the Zoning Bylaw of the Town of North Andover, as amended (the"Zoning Bylaw")
in the form of dimensional variance for lot area and a variance for contiguous buildable
area. The Hopping Land as it presently exists is a pre-existing lawful nonconforming lot
with a lawfully existing residential structure thereon. There is no new building or
construction contemplated by the present variance application. But as a result of a
proposed lot line adjustment as between the Petitioners (Bradshaw and Hopping) a new
lot may be deemed created which might then no longer be entitled to protection as a
pre-existing lawful nonconforming lot,and thus,the parties desire to confirm by way of
issuance of variance that the newly configured lot and the existing structure on the
Hopping Land will remain compliant with the Zoning Bylaw,notwithstanding the lot
line adjustment,by virtue of the contemplated variances.
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Memo to North Andover ZBA
Re:562 Boxford Street
November 13,2014
II. BACKGROUND
Hopping is the owner of the Hopping Land,562 Boxford Street,which is
currently improved with an existing residential structure. The Hopping Land is
designated on the Town of North Andover Assessors Maps as Map 105C,Lot 3.
Hopping acquired the Hopping Land in January,1967, as evidenced by a Deed, dated
January 20,1967,and recorded with the Essex North Registry of Deeds at Book 1076,
Page 259. A copy of that deed is included with this application. Bradshaw is the owner
of the adjacent and surrounding Bradshaw Land,a 22+/- acre vacant parcel of land. The
Bradshaw Land is designated on the Town of North Andover Assessors Maps as Map
105C, Lot 22. Bradshaw acquired the Bradshaw Land in April, 1999, as evidenced by a
Deed, dated April 20,1999, and recorded with the Essex North Registry of Deeds at
Book 5407,Page 47. A copy of that deed is also included with this application.
Both the Hopping Land (with the existing dwelling) and the surrounding
Bradshaw Land (vacant) are shown on a plan entitled"Plan of Land, Located in North
Andover,MA.,Record Owners&Applicants: Gorton Family Trust,624 Boxford St.,
North Andover,MA.,Charlotte L. Hopping,562 Boxford St.,North Andover, MA. "
dated July 24,2014,revised November 11,2014,scale: 1" =40',prepared by:
Christiansen&Sergi,Inc. (the"Plan'). The Plan is intended to serve as both a so-called
"ANR Plan" or"Approval Not Required Plan" to be filed with the Planning Board as
well as a variance plan to accompany this variance application. Upon obtaining
approval of the proposed variance,the Plan would also then be submitted to the
Planning Board with a Form A Application for approval of the lot line adjustment by the
Planning Board.
The Hopping Land,as it presently exists and prior to the proposed lot line
adjustment as shown on the Plan, consists of 50,861 square feet in size. Upon
completing the proposed lot line adjustment and land swap as contemplated and shown
on the Plan,the Hopping Land would be increased by an additional 4,571 square feet
and it would then consist of 55,432 square feet in size. The property,however,is located
in the Residence 1 ("R-1") Zoning District where the minimum lot size is 87,120 square
feet. It should be noted that the Hopping Land constitutes a preexisting,lawful
nonconforming lot,because the lot was lawfully laid out as a conforming lot(in
compliance with then current dimensional requirements) prior to enactment of zoning,
when the lot was created in December, 1905,as referenced in the Hopping deed. The
Hopping Land existed as a conforming lot but became a preexisting,lawful
nonconforming lot when zoning changes were enacted in 1987,which thereafter
increased the minimum lot size for the R-1 zone. In addition,for lots created as of April
28,1986, the Zoning Bylaw requires that at least 75% of the minimum lot area required
for zoning be contiguous buildable area (ie, exclusive of wetland resource areas.) While
this requirement did not apply to the existing lot of record as a pre-existing lot,as
reconfigured the contiguous buildable area of the Hopping Land would be 50%where
75% would be required.
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Memo to North Andover ZBA
Re:562 Boxford Street
November 13,2014
III. DISCUSSION
As noted above,the Petitioners are requesting a dimensional variance for
minimum lot area and for contiguous buildable area for a new lot configuration which is
proposed to be created as a result of a proposed lot line adjustment. Specifically,
variances are being requested from Section 7.1,Table 2 and Section 7.1.1 of the Zoning
Bylaw.
With respect to lot area (Section 7.1, Table 2), a variance is being requested of
31,688 square feet. Whereas the minimum lot size in the R-1 zone is currently 87,120
square feet,the proposed new lot would consist of 55,432 square feet. Although this
would appear at first glance to be a significant variance,the newly proposed lot would
in fact be larger and more conforming than the lot as it presently exists,with the lot size
in fact increasing from 50,861 square feet to 55,432 square feet (increasing the size of the
currently pre-existing nonconforming lot by 4,571 square feet.)
With respect to contiguous buildable area (Section 7.1.1),a variance is being
requested of 25% for contiguous buildable area. Whereas the minimum contiguous
buildable area required for a newly created lot is 75% of the required minimum lot area,
the contiguous buildable area of the proposed new lot would only be 50% of the
required minimum lot area.
IV. BASIS FOR VARIANCE
The Petitioner's proposed variance meets all of the conditions for granting of a
variance, and each of the required elements A through F appearing in Section 9 of the
Variance Application are addressed in this application,including as follows:
A. The particular use proposed for the land or structure: The proposed use for the
land will be for single family residence which is an allowed use in the R-1
zone, and further,is the current and existing use of the property.
B. The circumstances relating to soil conditions shype or topographil of such land or
structures especially a ecting the.property for zvhich the Variance is sought zvhich do
not affect generally the zoning district in zvhich the property is located: The existing
shape of the Hopping Land is a very oddly shaped, long and narrow lot,
which is lacking depth. In addition to increasing the lot size, to make the lot
more conforming, the newly configured lot with benefit of the variance
would allow for a more typical and conforming lot shape and would allow
for the lot owner to enjoy a greater setback for the lot owner's existing septic
system.
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Memo to North Andover ZBA
Re:562 Boxford Street
November 13,2014
C. Facts which make up the substantial hardship,financial or otherivise which results
from literal enforcement of the applicable zoning restrictions with respect to the land
or building for which the variance is sought:A literal enforcement of the Zoning
Bylaw,without granting relief for a variance,would result in an inability of
Hopping to complete the proposed land swap,and thus create a financial
hardship for Hopping in as much as the newly configured lot is a more
marketable property than the existing, oddly shaped lot. In addition,it
allows Hopping a greater setback for the septic system serving the lot and a
larger area in the vicinity of the existing septic system for future replacement.
D. Facts relied upon to support a finding t1wt relief sought will be desirable and without
substantial detriment to the public good: Granting of the variance will result in a
larger and more conforming lot,as the lot size will in fact be increased from
its existing size if the variance is granted. Further,there is no new
construction that is presently intended on the Hopping Land,as the
residential structure is already constructed and existing on the property.
E. Facts relied upon to support a findhig t1wt relief sought nuill be given without
nulli&ing or substantially derogating from the intent or purpose of t1w Ordinance:
Granting the variance will not derogate from the intent or purpose of the
Zoning Bylaw because the proposed use is a permitted use in the R-1 zone
and no structural changes are proposed on the lot. The home is pre-existing
on the lot and is and would remain consistent with and in keeping with other
properties in the neighborhood.
F. Submit RDA firmt Conservation Commission when Contiguous Buildable Area is
applied for in ZBA application: See note 1 on Plan. (Note: Existing lot and
dwelling predate applicability of CBA requirements per Section 7.1.1 of
Zoning Bylaw.)
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Memo to North Andover ZBA
Re:562 Boxford Street
November 13,2014
Accordingly,for the reasons stated above,and others that will be presented at
the hearing,the Petitioners respectfully request the Zoning Board of Appeals to grant
the requested variances,so as to allow the proposed lot line adjustment and land swap
and to create a new lot of record.
Respectfully submitted,
Joyce Ann Bradshaw,as Trustee of
The Gorton Family Trust, and
Charlotte L. Hopping
By:
Brian G.Va ,Esq.
SMOLAK&VAUGHAN LLP
21 High Street,Suite 301
North Andover,Massachusetts 01845
Tel. (978) 327-5217
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