TOWN OF ROCKLAND ZONING BOARD OF APPEALS APPLICATION FOR A PUBLIC HEARING SECTION 1: A. hereby apply for a public hearing before the Zoning Board for the following: (Check all that are applicable) Application for Dimensional Variance Application for a Use Variance Application for a Section 6 Finding Special Permit for Use permissible by Special Permit Appeal ?'om a Decision of the Zoning Enforcement O?icer Comprehensive Permit (Chapter 40B) SECTION 2: B. Answer all of the following questions that pertain to your application: 1. 2. Address of the property in question: 365 Concord Street Name(s) of Owner(s) of Property: Daniel Delprete Christine Delprete and Delprete Realty Corp. Owner?s Address: 365 Concord Street, Rockland, MA 02370 Name oprplicant(S): Conrock LLC c/o Walter B. Sullivan Address of Applicant: Sullivan Comerford 80 Wash'n ilding Suite 7 Norwell, MA 02061 Applicant's Phone: Home: 781?871'5500 Work: Cell: Fax: 781.792.3903 E-Mail: wsullivanjr@sulsul.com 35, 36, 41,42, 43, 44 and 46 State the Assessorthe property. State the Zoning District in which the property is located: R-1 Explain in-depth what you are proposing to do: Applicant seeks to construct new Sin tam. intends to file fora be unable to develop the lot as a PUD Rockland Zoning Board Application Page 2 of 3 10. Describe in detail any existing variance(s) or special permit(s) pertaining to this property. Copy/copies must be obtained at the Town Clerk's Of?ce and must be attached to this application: 11. List all applicable sections of the Zoning Bylaw that pertains to this application: 415-47.A, 415-473, 415?483, 415-50.D, and 415?52. 12.. Ifyou are applying for a dimensional variance, state in detail any speci?c condition that effects the shape, soil, topography or structures on your lot that speci?cally effects your lot and does not e?'ect the zoning district as a whole, and why these conditions cause a hardship to the land that warrants the granting of a variance (use a separate piece of paper if necessary) See attached memorandum. . 13. Ifthis is an application for a special permit, describe in detail the permit you are seeking and provide the Board with speci?c information as to how the proposed use will meet the Performance Standards of the Zoning By?Laws of Rockland: Rockland Zoning Board Application Page 3 of 3 14. Ifthis is an appeal ?our a decision of the Zoning Enforcement Officer, state in detail the grounds upon which you claim that the Zoning Enforcement Ofiicer/ Building Inspector?s decision was in error. NIA Signed: ?ow Mgf/ia Owner(s) of Record All owners must sign Signed: A g? W941 Applicant Different from owner All app cams must sign Signed mom/a5 ii m/ of Attorney (if any) Date: DESCRIPTION OF (PUD) CONCEPT PLAN AND REQUESTED FINDINGS OF FACT IN SUPPORT OF VARIANCE APPLICATION 365 CONCORD STREET Conrock LLC of Duxbury, MA seeks to develop certain parcels of undeveloped land. with a single?family home upon it located at 365 Concord Street, Rockland as a Planned Unit Development (PUD). In order to do so, the applicant requires relief from the Town of Rockland Zoning By-Laws. A description of the proposed project and a summary of the relief requested are provided below. A Preliminary Concept Plan developed by Cavanaro Consulting has been submitted with the Application for Variance. Existing Conditions The proposed project consists of 7 parcels of land with a total area of acres. The lots are located at 365 Concord Street, Rockland, MA, Assessor?s Parcels Map 62, lots 35, 36, 41, 42, 43, 44, and 46. The lots are zoned as Residence District R1. One of the lots is currently developed with a single-family residential home upon it. The remaining lots are undeveloped. The combined parcels are bounded by Concord Street on the east side, French?s Stream on the west side, and privately-owned lots on the north, south and the remainder of the east sides. The topography of the locus area is relatively ?at. An unnamed intermittent stream runs from SOuth to north through the center of the property. Approximately 4 acres of the land are identi?ed as wetlands as de?ned by the Massachusetts Wetlands Protection Act. The wetland boundaries have been certi?ed by the Rockland Conservation Commission per the Order of Resource Area Delineation (SE 273-0400) issued on January 11, 2019. The lots are mostly wooded, with areas of grass cover. The one developed lot is located on the northeast corner of the combined lots, and is accessed by a private driveway that connects to Concord Street. Proposed Development The applicant proposes to develop the subject property as a PUD. A Preliminary Concept Plan has been developed. The plan proposes to retain the deveIOped single?family residence on a lot, and build an additional 40 single?family dwellings on the remainder of the property. Each lot provides at least 10,890 sf. of upland area, and most are larger when wetland area is included. The existing private driveway at Concord Street is expanded to become the right-of- way to the development. Two proposed dead-end streets, one which ends in a loop, connect to this right of way. The dwellings have not yet been designed but it is anticipated that each will contain 2000?2500 sf. of gross floor area. The preliminary proposal has been reviewed by the town water and sewer departments. The Abington/Rockland Joint Waterworks Commission voted on December 17, 2019 to approve future development of the land for approximately 40 residential units. The Rockland Sewer Commission voted on January 30, 2020 to approve development of the subject property for 40 (3.5~bedroom) units as well. The sections of the bylaws that the applicant is seeking relief from the Zoning Bylaws are paraphrased in italics, followed by a brief description of the reason for the relief, below: Relief Requested from the Rockland Zoning By-Law 1. Section 415?47 A, General size: Plot and lot size and dimensions, if meeting the standards of this by?law, may be?eely disposed and arranged provided the construction conforms to the plans approved. The proposed PUD lots do not conform to the Residence District R1 zoning requirements. Waivers are required for lot area, setbacks, lot width and frontage. 2. Section 415-47 C, General size: No more than 10,890 sf of the [and may be subject to the Rivers Protection Act. The proposed development requires the development of land subject to the Rivers Protection Act in excess of 10,890 sf. 3. Section 415-48 B, Boundary Line and Internal Street Setbacks: All structures shall be set back at least 25 ??om external streets, and public and private streets in a PUD. Although a dwelling layout has not been develOped, some structures may be located less than 25 from the internal streets. 4. Section 415-50 D, Land Use Density: The total number of dwelling units within a PUD shall not exceed the total number of dwelling units which would be permitted on the non- wetland portion of the parcel developed in a traditional (or Grin? manner. A brief analysis of a traditional ?grid? development results in approximately 20 lots. 40 lots are proposed. 5. Section 415-52, Open Space: In no event shall less than 35% of the gross land area of the PUD be open space. The proposed concept plan does not provide at least 35% of the 21 .3-acre area as open space. At this time, approximately 115,000 sf. is presented as open space. REQUESTED FINDINGS OF FACT IN SUPPORT OF VARIANCE Now comes the applicant, Conrock, LLC petitions the Zoning Board of Appeals for a variance pursuant to 415-45, and 415-22 and requests that the Board make the following ?ndings of fact in accordance with such section: 1. That the following circumstances relating to the soil conditions, shape or topography especially affect the land in question, but do not affect generally the zoning district in 2 which the land or structures are located: The premises currently contains one single? family dwelling, and the remaining land is undeveloped. Due to the unique boundary lines and existence of an intermittent stream at 365 Concord Street relief is required for lot size and dimensions (415-47A), land being subject to the Rivers Act boundary lines and internal street setbacks (415-48B), land use density (415-50D), and open space requirements (415?52). Such lot limitations do not affect generally the zoning district. . That a literal enforcement of the provisions of the Zoning By-Law would involve a substantial hardship, ?nancial or otherwise, to the applicant for the following reasons: Due to the above referenced conditions of the property, its shape and topography, a literal enforcement of the provisions of the By-Law would deprive the Applicant of the ability to deveIOp the premises, which constitutes a substantial hardship. The literal enforcement of the By-Law would require the project to be reduced in size by 50%, and potentially further due to the Rivers Act, and density and setback requirements. Given that the premises is surrounded by residential properties, it is an appropriate use and consistent with the neighborhood and community needs for housing. . That relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purposes of the By-Laws, for the following reasons: The use of the parcel for development of single family residences is appropriate and harmonious to the zone given that it is within zone surrounded by other single family homes. Further, it is a passive use that will not disturb abutting uses in this district. Moreover, the slight derivations from the Zoning bylaws to allow for development of the site will pose no disturbance to the surrounding residences. In sum, the proposed development of a 40 unit PUD will be consistent with the other uses in the neighborhood and not detrimental to the intent of the Zoning By-Laws and will create additional housing to the benefit of the town. . That strict application of the provisions of this By-Law would deprive the applicant of reasonable use of the lot in a manner equivalent to the uses permitted to be made by other owners of the neighboring lands or structures in this area for the following reasons: Without the requested relief, the Applicant could not reasonably develop the lots as a PUD. . The relief if approved will not constitute a grant of a Special privilege inconsistent with the limitatidns upon other properties in the same district for the following reasons: The immediate area consists of other single?family residences. The development of a 40 unit PUD will allow add to the housing inventory within the town of Rockland and shall be compatible with the current neighborhood and will not cause a disturbance to the neighborhood and is not a grant of a special privilege. Respectfully submitted, Conrock, LLC By its attorney, (Mm 215, gm Walter B. Sullivan Sullivan Cornerford, RC. 80 Washington Street Building B, Suite 7 Norwell, MA 02061 Tel: (781) 871-6500 Email: wsullivanir@sulsul.c0m TOWN OF ROCKLAND Board of Assessors June 9, 2020 CERTIFIED ABUTTERS LIST OF MAP 62 BOARD ZBA Town Hall 242 Union Street Rockland, Massachusetts 02370 0 CONCORD STREET PARCEL 35 Abutters, next abutter within 300 ft and directly across a public or private street or way. CERTIFIED BY: (jig-i is? Chrissi MacPhersonu Senior Administrative Assistant Mailing City, ST, ZIP Parcel ID Owner Location Mailing Street DELPRETE DANIEL 62-35 CHRISTINE 365 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 57-17 BOYD WAYNE KATHLEEN A 343 CONCORD ST 343 CONCORD ST ROCKLAND, MA 02370 57-18 GORDON CAROL ANN TRS 333 CONCORD ST 333 CONCORD ST ROCKLAND, MA 02370 574 9 KIGGEN ROBERT 3 I 7 CONCORD ST 317 CONCORD ST ROCKLAND, MA 02370 57-21 DREW TIMOTHY 307 CONCORD ST 307 CONCORD ST ROCKLAND, MA 02370 57?22 HICKS GEORGE CATHERINE 297 CONCORD ST 297 CONCORD ST ROCKLAND, MA 02370 ROURKE MARY ELIZABETH TRS 57?23 MARY ELIZABETH ROURKE INVES 0 CONCORD ST 466 PLYMOUTH ST ABINGTON, MA 0235! 57-66 CHASE ALLEN MARIE 366 CONCORD ST 366 CONCORD ST ROCKLAN D, MA 02370 57-7! TANZI RALPH JR MARY JOANNE 346 CONCORD ST 346 CONCORD ST ROCKLAND, MA 02370 62-18 TOWN OF ROCKLAND 240 SPRING ST 242 UNION ST ROCKLAND, MA 02370 MARTIN JR 62-2] CHINETTI ROBERTA 292 SPRING ST 292 SPRING ST ROCKLAND, MA 02370 62?22 PEREIRA EDISON 310-312 SPRING ST 310-312 SPRING ST ROCKLAND, MA 02370 62-36 DELPRETE REALTY CORP 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62?37 FIORE ANTHONY MICHELLE 385 CONCORD ST 385 CONCORD ST ROCKLAND, MA 02370 62?4] DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62412 DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAN D, MA 02370 62-149 JACOBS MICHAEL 375 CONCORD ST 375 CONCORD ST ROCKLAND, MA 02370 Planning Boards: Rockland, Abington, Whitman, Norwell, Hanson, Hanover, Hingham Weymouth: Rockland Board of Assessors (Notice of decision only) The above constitutes a complete list of all parties in interest as found in the most recent tax list, pursuant to Chapter 40A, Section 11, of the General Law. cmacpherson @ro ckland-ma. gov Page 1 of 1 TOWN OF ROCKLAND Board of Assessors Town Hall 242 Union Street Rockland, Massachusetts 023 70 June 9, 2020 CERTIFIED ABUTTERS LIST OF MAP 62 PARCEL 36 BOARD ZBA 0 CONCORD STREET REQUIREMENTS Abutters, next abutter within 300 ft and directly across a public or private street or way. CERTIFIED BY: Wig?) 8757/] Chrissi MacPheron Senior Administrative Assistant Parcel ID Owner Location Mailing Street Mailing City, ST, ZIP 62-36 DELPRETE REALTY CORP 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 57?] 7 BOYD WAYNE KATHLEEN A 343 CONCORD ST 343 CONCORD ST ROCKLAND, MA 02370 57?2l DREW TIMOTHY 307 CONCORD ST 30?? CONCORD ST ROCKLAN D, MA 02370 ROURKE MARY ELIZABETH TRS 57~23 MARY ELIZABETH ROURKE INVES 0 CONCORD ST 466 PLYMOUTH ST ABINGTON, MA 02351 62?[8 TOWN OF ROCKLAND 240 SPRING ST 242 UNION ST ROCKLAND, MA 02370 GLAVIN MARTIN IR 62?2] ROBERTA 292 SPRING ST 292 SPRING ST ROCKLAND, MA 02370 62-22 PEREIRA EDISON 310?312 SPRING ST 310?312 SPRING ST ROCKLAND, MA 02370 62-35 DELPRETE DANIEL CHRISTINE 365 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-37 FIORE ANTHONY MICHELLE 385 CONCORD ST 385 CONCORD ST ROCKLAND, MA 02370 62-4] DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-42 DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-43 DELPRETE DANIEL 0 CONCORD ST 0 CONCORD ST ROCKLAND, MA 02370 WOOD WILLIAM ESTATE 62-126 ATTN: MELISSA WOOD 318-320 SPRING ST 318?320 SPRING ST ROCKLAND, MA 02370 62-!49 JACOBS MICHAEL 375 CONCORD ST 375 CONCORD ST ROCKLAND, MA 02370 Planning Boards: Rockland, Abington, Whitman, Norwell, Hanson, Hanover, Hingham Weymouth: Rockland Board of Assessors (Notice of decision only) The above constitutes a complete list of all parties in interest as found in the most recent tax list, pursuant to Chapter 40A, Section 11, of the General Law. cmacpherson@rockland?ma. gov Page 1 of 1 TOWN OF ROCKLAND Board of Assessors June 9, 2020 Town Hall 242 Union Street Rockland, Massachusetts 02370 CERTIFIED ABUTTERS LIST OF MAP 62 PARCEL 41, 42, 43, 44 0 CONCORD STREET BOARD ZBA Abutters, next abutter within 300 ft and directly across a public or private street or way. CERTIFIED BY: $5650 Chrissi MacPherson Senior Administrative Assistant Mailing City, ST, Zip Parcel ID Owner Location Mailing Street 62?4! DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-42 DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAN D, MA 02370 62?43 DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-44 DELPRETE DANIEL 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 GLAVIN MARTIN IR 62-2] CHINETTI ROBERTA 292 SPRING ST 292 SPRING ST ROCKLAND, MA 02370 62?22 PEREIRA EDISON 3lO?3l2 SPRING ST BIO-312 SPRING ST ROCKLAND, MA 02370 62?23 HAFFN ER KAREN 326 SPRING ST 326 SPRING ST ROCKLAND, MA 02370 62?35 DELPRETE DANIEL CHRISTINE 365 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62?36 DELPRETE REALTY CORP 0 CONCORD ST 365 CONCORD ST ROCKLAN D, MA 02370 62?37 FIORE ANTHONY MICHELLE 385 CONCORD ST 385 CONCORD ST ROCKLAND, MA 02370 62-40 ARNOLD DIANNE LEIGH 389 CONCORD ST 389 CONCORD ST ROCKLAND, MA 02370 62-45 CRAWFORD SCOTT JOANNE 407 CONCORD ST 407 CONCORD ST ROCKLAND, MA 02370 62-46 DELPRETE REALTY CORP 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-47 IARDIM EDVAR MISSLENE 419 CONCORD ST 4i9 CONCORD ST ROCKLAND, MA 02370 WOOD WILLIAM ESTATE ATTN: 62-126 MELISSA WOOD 318?320 SPRING ST 3l8-320 SPRING ST ROCKLAND, MA 02370 62-!39 OBRIEN DEBORAH 35 ELEANOR LN 35 ELEANOR LN ROCKLAND, MA 02370 SALAMONE CHARLES JR 62-140 KAREN A 33 ELEANOR LN 33 ELEANOR LN ROCKLAND, MA 02370 62-14! LORGEREE EDWARD TRICIA 31 ELEANOR LN 3i ELEANOR LN ROCKLAND, MA 02370 62-i42 WHITE CHRISTINE LAROSE 29 ELEANOR LN 29 ELEANOR LN ROCKLAN D, MA 02370 SCHNEIDER KENNETH 62?143 HEATHER RENNIE SCHNEIDER 27 ELEANOR LN 27 ELEANOR LN ROCKLAND, MA 02370 62-144 GARRITY JOSEPH KATHLEEN 25 ELEANOR LN 25 ELEANOR LN ROCKLAND, MA 02370 62-149 JACOBS MICHAEL 375 CONCORD ST 375 CONCORD ST ROCKLAND, MA 02370 Planning Boards: Rockland, Abington, Whitman, Norwell, Hanson, Hanover, Hingham Weymouth: Rockiand Board of Assessors (Notice of decision only) The above constitutes a complete list of all parties in interest as found in the most recent tax list, pursuant to Chapter 40A, Section 11, of the General Law. cmacpherson@rockland-ma. gov Page 1 of 1 TOWN OF ROCKLAND Board of Assessors Town Hall 242 Union Street is; Rockland, Massachusetts 02370 June 9, 2020 CERTIFIED ABUTTERS LIST OF MAP 62 PARCEL 46 0 CONCORD STREET BOARD ZBA REQUIREMENTS Abutters, next abutter within 300 ft and directly across a public or private street or way. CERTIFIED BY: Him 3% Chrissi MacPherson Senior Administrative Assistant Parcel ID Owner Location Mailing Street Mailing City, ST, Zip 62-46 DELPRETE REALTY CORP 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-22 PEREIRA EDISON 310-312 SPRING ST 3 0-312 SPRING ST ROCKLAND, MA 02370 62-23 HAFFNER KAREN 326 SPRING ST 326 SPRING ST ROCKLAND, MA 02370 GIACCHETTI MICHAEL 62-24 GIACCHETTI JOSEPH 330 SPRING ST 330 SPRING ST ROCKLAND. MA 02370 62-40 ARNOLD DIANNE LEIGH 389 CONCORD ST 389 CONCORD ST ROCKLAN D, MA 02370 62?43 DELPRETE DANIEL G. 0 CONCORD ST 365 CONCORD ST ROCKLAN D, MA 02370 62-44 DELPRETE DANIEL G. 0 CONCORD ST 365 CONCORD ST ROCKLAND, MA 02370 62-45 CRAWFORD SCOTT JOANNE 407 CONCORD ST 407 CONCORD ST ROCKLAND, MA 02370 62-47 JARDIM EDVAR MISSLENE 419 CONCORD ST 419 CONCORD ST ROCKLAND, MA 02370 MACCORMACK ROBERT SUSAN 62-48 TRSEE MACCORMACK FAM TR 421 CONCORD ST 421 CONCORD sr ROCKLAND, MA 02370 WOOD WILLIAM ESTATE 62426 ATTN: MELISSA WOOD 318-320 SPRING ST 318-320 SPRING ST ROCKLAND, MA 02370 62?139 OBRIEN DEBORAH 35 ELEANOR LN 35 ELEANOR LN ROCKLAND, MA 02370 SALAMONE CHARLES JR 62?!40 KAREN A 33 ELEANOR LN 33 ELEANOR LN ROCKLAND, MA 02370 62-l4l LORGEREE EDWARD TRICIA 3l ELEANOR LN 3i ELEANOR LN ROCKLAND, MA 02370 62-142 WHITE CHRISTINE LAROSE 29 ELEANOR LN 29 ELEANOR LN ROCKLAND, MA 02370 SCHNEIDER KENNETH 62-l43 HEATHER RENNIE SCHNEIDER 27 ELEANOR LN 27 ELEANOR LN ROCKLAND, MA 02370 62?144 GARRITY JOSEPH KATHLEEN 25 ELEANOR LN 25 ELEANOR LN ROCKLAND, MA 02370 62-145 RUHR JEFFREY JR KRISTIN 23 ELEANOR LN 23 ELEANOR LN ROCKLAND, MA 02370 Planning Boards: Rockland, Abington, Whitman, Norwell, Hanson, Hanover, Hingham Weymouth: Rockland Board of Assessors (Notice of decision only) The above constitutes a complete list of all parties in interest as found in the most recent tax list, pursuant to Chapter 40A, Section 11, of the General Law. cmacpherson@rockland-ma. gov Page 1 of I