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Home My WebLink AboutMiscellaneous - 0 NORTH MAIN STREET Town of North Andover Town Clerk Time Stamp ZONING BOARD OF APPEALS CEWED F C 1r: Albert P.Manzi III,Esq.Chairman Ellen P.McIntyre, Vice-Chairman FORTH 007 JU2 9 I 4• 06 Richard J.Byers,Esq.Clerk N PN : Joseph D.LaGrasse 0 David R.Webster 06. 'A r1 r 4 Associate Members I U M Thomas D.Ippolito Richard M.Vaillancourt 4r HD Daniel S.Braese,Esq. `SSACHU Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk,per Mass.Gen.L.ch. OA, §17 Property at: 0 North Main Street(Map 28,Parcel 22), NAME: Downer Brothers Landscaping,Inc., HEARING(S): April 9&June 12 2007 21 Main Street ADDRESS: 0 North Main Street(Map 28,Parcel PETITION: 2007-006 22), North Andover,MA 01845 TYPING DATE: June 15,2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover,MA on Tuesday,June 12,2007 at 7:30 PM upon the application of Downer Brothers Landscaping,Inc.,21 Main Street,for premises at:0 North Main Street(Map 28,Parcel 22), North Andover requesting a dimensional Variance from Section 7,Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the requirements of lot area in order to construct a proposed landscaping business garage. Said premise affected is property with frontage on the West side of North Main Street within the I-S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 26&April 2,2007. The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Thomas D. Ippolito. The following non-voting members were present: Richard M. Vaillancourt and Daniel S.Bmese. Upon a motion by Richard J.Byers and 2d by Joseph D.LaGrasse,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 3,622 square feet of lot area in order to construct a proposed landscaping business garage;per: Site: 0 North Main Street(Map 28,Parcel 22),North Andover,MA 10845 Site Plan Title: Board of Appeals Plan,0 North Main Street,North Andover,Massachusetts, Assessors Map 29 Parcel 22,prepared for Abbie Kayla,LLC.,North Andover, Massachusetts Date(&Revised Dates): February 14,2007,Revised 5/9/07 Registered Professional Land David Alves,#45454,New England Engineering Services,Inc., 1600 Osgood Surveyor: Street;Building 20, Suite 2-64,North Andover,MA 01845 Sheet/Dmwing: I Of I Building Plan Title: Proposed Building Elevations,0 North Main St.,North Andover,MA., Assessors Map 28,Lot 22,prepared for Downer Brothers Landscaping,North Andover,MA,February 14,2007&Proposed Garage Floor Plan 0 North Main St.,North Andover,MA,Assessors Map 28,Lot 22,prepared for Downer Brothers Landscaping,North Andover,MA 01845,February 23,2007 By: B.C.O.Jr.,New England Engineering Services,Inc., 1600 Osgood Street; Building 20, Suite 2-64,North Andover,MA 01845 Date: February 14,2007&February 23,2007 Sheet/Drawing: I Of I Page I of 2 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-)&-ww.townoffiorthandover.com Town of Nbr&A ndover ;C q' , , : 4 F.r ZONING BOARD OF A1"RAI S ,�� nalsertp a lu,, �>� ��JI�� MIM P, z cd -9 PM 4: Q j'05Vhp imams Aid.w NORTH OaD y+';.dy& BidmdM VaMmmx* Varld S.Breese,,PAq. 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Manzi E9,Esq.Chairman Hen P. McInt-\Te, Vice-Chairman F t4ORTit Richard J. yers,Esq.Clerk- 0 1UH 29 PIN, Joseph D. -aGrasse 0 Z. David R. Webster .Associate.a,fembers Thomas D.Ippolito MVMR Richard M. Vaillancourt Daniel S. Braese,Esq. 3 ACHUS" Any appeal shall be filed within Notice of Decision (20)days after the date of filing Year 2007 of this notice in the office of the Town Clerk per Mass. Gen. L. ch. OA, §17 Pro at: 0 North Main Street(Map 28,Parcel 22), NAME: Downer Brothers Landscaping,Inc., HEARING(S). April 9&June 12 2007 21 Main Street ADD SS: 0 North Main Street(Map 28,Parcel PETITION: 2007-006 22), North Andover,MA 01845 -1-TYPING DATE: June 15, 2007 The North Andover Board of Appeals held a public hearing at its regular meeting in the Town Hall top floor meeting room, 120 Main Street,North Andover, MA on Tuesday,June 12,2007 at 7:30 PM upon the application of Downer Brothers Landscaping,Inc.,21 Main Street,for premises at:0 North Main Street(Map 28,Parcel 22), North Andover requesting a dimensional Variance from Section 7,Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the requirements of lot area in order to construct a proposed landscaping business garage. Said premise affected is property with frontage on the West side of North Main Street within the I-S zoning district. Legal notices were sent to all names on the abutter's list and were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on March 26&April 2,2007, The following voting members were present: Ellen P.McIntyre,Joseph D.LaGrasse,Richard J.Byers,and Thomas D. Ippolito. The following non-voting members were present: Richard M Vaillancourt and Daniel S.Braese. Upon a motion by Richard J. Byers and 2"d by Joseph D.UGrasse,the Board voted to GRANT a dimensional Variance from Section 7,Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief of 3,622 square feet of lot area in order to construct a proposed landscaping business garage; per: Site: 0 North Main Street(Map 28,Parcel 22),North Andover,MA 10845 Site Plan Title: Board of Appeals Plan, 0 North Main Street,North Andover,Massachusetts, Assessors Map 28 Parcel 22,prepared for Abbie Kayla,LLC.,North Andover, Massachusetts Date(&Revised Dates): February 14,2007,Revised 5/9/07 Registered Professional Land David Alves, #45454, New England Engineering Services, Inc., 1600 Osgood Surveyor: Street,Building 20, Suite 2-64, North Andover,MA 01845 Sheet/Drawing: I of Building Plan Title: Proposed Building Elevations,0 North Main St.,North Andover,MA., Pro' Assessors Map 28,Lot 22,prepared for Downer Brothers Landscaping,North Andover, Z A dover,MA,February 14,2007&Proposed Garage Floor Plan 0 North Main St, St.,North Andover,MA,Assessors Map 28,Lot 22,prepared for Downer I�j LBrothersLandscaping,North Andover,MA 01845,February 23, 2007 By: B.C.O.Jr.,New England Engineering Services,Inc., 1600 Osgood Street, I Building 20, Suite 2-64,North Andover,MA 01845 Date: February 14, 2007&February 23,2007 Sheet/Drawmg: I of Page I of 2 - 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-vwwwtoNvnoffiorthandover.com ZONTNGIA r) (lip AlbM k'.I&i its 'Emga Chor+n m �},, �,, ?ace,�7.4e}�reran . sycncEft, """"i ia.b !+r4 '• -:;• „, !off.;) iAQr&"e Dev14 R WCbaw ' Richod N 'Jub Ai I- dun pmvkw a I+aviaed Mme-Aw", IF tug rAw fx+aoat$me"*a'1 w vww t1w Votiag m ftw jm P.MchOM Josh A Laomm,**sod i BM �z�.4vm�c 'ItDftdfist tbat 0 M du Roast 04 29,Pmood.1~"1 v*WW1xt4ftWed PuDd b� on 3a►o by ICM Stsmet doss Sic bottom offt oe o& the�t ly ft�RM*ftoa saz. as'to out thm nm*w*by t6t Gn*m Lutsvmce may aesi Notch M*s&M XmVth,bin& w1d tv MV287 pMd 6 ajong tW btsttoaa ��o�t�ye�biysBQ=dd fit bmTMS Dowd fin& a�rhto cmcm ogxm to ft of �i.*a sum 4 uw 21y C, *id7U gabw 28,PxMMd 22)bit does notsffem on blintri"(t-$)zmft dxstsiat$ in wtic6 it is; % ',°fig Bawl i stat a oast apmt's} d us apt attoaad sraa ix 1-8 pet 9ectiaci kMS3 %40d*t Ow tot*&�,,am�and fo d� busWM4PU*ku b+omn tic 190'4 th t gene ias boa hi la aad,ongo*use cd*4 pww .-r 0000 c�sjPWOOM as dmonMW by ills wdmftE aaam to ejMo&W&ftm in apprcucfs W Y bC tno ae} i►aut "�jet fmas than a t�n of�c h 7.I dt'�e�wroaid�wnE<;vts aI t��ac� £�t�iat ttmrc twsano w mat aT tMa uc tom' gccdm 10, , OfWdwn� '�Hoard fbt,2s moble r 'mq Ibe 10.4 for it Xw&Nein 8ts"es jot SM withm*a d=VAW�to ft04& ' k� Ivat�1�i3fyioog or }' ,i3�o,m fife iz�t ae�odf tht Noxt?►��_ NW. 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Hoeft P.Whom FIM lr-;*Oinxm jouph D.Lacram Aaadctaleddemt6w DCcftm2DQ7*M NOAP21 Pae 2 of 2 i Dt b49 Ot�st"oet, 20,Salto 2-36,Aiotfls.Qn&M vAmm*Betts phase-g78.688-9541 FOX-q $g w Town Clerk Time Stamp Town of North Andover ZONING BOARD OF APPEALS` , ', �� FFICE Albert P.Manzi IIS Esq.Chairman Ellen P.McIniyre, Vice-Chairman poRTH q Richard J.Byers,Esq.Clerk ;6•e'o MAR 1t Joseph D.LaGrasse a e. - o0 David R.Webster 'A Associate Members ' * F t 111omas D.Ippolito Richard M. Vaillancourt +�*ArgO Daniel S.Braese,Esq. �SSACHUS�`� Legal Notice North Andover,Board of Appeals Notice is hereby given that the North.Andover Zoning Board of Appeals will hold a public hearing at the top floor of Town Hall, 120 Main Street,North Andover,MA on Tuesday the I&of April, 2007 at 7:30 PM to all parties interested in the application of Downer Brothers Landscaping,Inc.,21 Main Street, for premises at: 0 North Main Street(Map 28,Parcel 22),North Andover requesting a dimensional Variance from Section 7,Paragraph 7.1 and Table 2 of the Zoning Bylaw for relief from the requirements of lot area in order to construct a proposed landscaping business garage. Said premise affected is property with frontage on the West side of North Main Strut within the I-S zoning district. Plans are available for review at the office of the Board of Appeals office, 1600 Osgood Street,North Andover,MA Monday through Friday during the hours of 8:30AM to 4:30PM. By order of the Board of Appeals Albert P. Manzi III,Esq., Chairman Published in the Eagle-Tribune on March 26&April 2,2007. Legalnotice 2007-006. M28P22. 1600 Osgood Street,Building 20-Suite 2-36,North Andover,Massachusetts 01845 Phone-978-688-9541 Fax-978-688-9542 Web-www.t(ywnofiiorthandover.com Town Clerk Time Stamp 40RTN 0 C I V E D VARIANCE C TOWN OF NORTH ANDOVER 2001 MAR -7 N1 29 ZONING BOARD OF APPEALS NAME: -Downer Brothers Landscaping Inc. ADDRESS OF APPEAL: 0 North Main Street rl A'Z)W Procedure & Requirements for an Application for a Variance Ten (10)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty(20) days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of the Zoning Board of Appeals schedules the periods prescribed may result in a dismissal by the applicant for a hearing date and prepares the legal notice Zoning Boardofan application as incomplete. for mailing to the parties in interest(abutters)and for The information herein is an abstract of more specific publication in the newspaper. The petitioner is notified requirements listed in the Zoning Board Rules and that the legal notice has been prepared and the cost of Regulations and is not meant to supersede them. The the Party in Interest fee. petitioner will complete items that are underlined STEP 7: DELIVERY OF LEGAL NOTICE TO STEP 1: ADMINISTRATOR PERMIT DENIAL: NEWSPAPER The petitioner applies for a Building Permit and receivers The petitioner picks up the legal notice from the Office of a Zoning Bylaw Denial form completed by the Building the Zoning Board of Appeals and delivers the legal notice Commissioner. to the local newspaper publication. STEP 2: FINDING APPLICATION FORM: STEP 8: PUBLIC HEARING BEFORE THE ZONING Petitioner completes an application form to petition the BOARD OF APPEALS: Board of Appeals for a Finding. All information as The petitioner should appear in his/her behalf, or be required in items 1 through and including 11 shall be represented by an agent or attorney. In the absence of completed. any appearance without due cause on behalf of the petitioner, the Board shall decide on the matter by using STEP 3: PLAN PREPARATION: the information it has otherwise received. Petitioner submits all of the required plan information as STEP 9: DECISION: cited in section 10, page 4 of this form. After the hearing, a copy of the Board's decision will be STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: sent to all Parties in Interest. Any appeal of the Board's The petitioner requests the Assessors Office to compile decision may be made pursuant to Massachusetts a certified list of Parties in Interest(abutters). General Law ch. 40A§ 17, within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: STEP 10: RECORDING THE DECISION AND PLANS. Petitioner submits one (1)original and ten (10)Xerox The petitioner is responsible for recording certification of copies of all the required information to the Town Clerk's the decision and any accompanying plans at the Essex Office to be certified by the Town Clerk with the time and County, North Registry of Deeds, 381 Common St., date of filing. The original will be left at the Town Clerk's Lawrence MA, and shall complete the Certification of Office, and the 10 Xerox copies will be left with the Recording form and forward it to the Zoning Board of Zoning Board of Appeals secretary. Appeals and to the Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg. 20, Suite 2-36 120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2OF4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE 1. Petitioner: *Name, *Address and telephone number: Downer Brothers Landscaping, Inc. (978) 815-3444 21 Main Street North Andover, MA 01845 *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land: Name, Address, telephone number, and number of years under this ownership: Abbie Kayla LLC (978) 815-3444 21 Main Street North Andover, MA 01845 Years Owned Land: 1 3. Location of Property: a. Street: 0 North Main Street Zoning District: IS b. Assessors: Map number: 28 Lot Number: 22 c. Registry of Deeds: Book Number: 10121 Page Number: 327 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 10.4 and Section 7, Table 2 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: A dimensional variance is requested to allow the construction of a building on a lot containing 46,378 SF ±where a minimum lot area of 50,000 SF is required. The above description shall be used for the purpose of the legal notice and decision. A more detailed description is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application. Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not involve additional items not included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current Zoning Bylaw Requirements. (Lines A and B are in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A.46.378 sf NA NA % NA NA NA NA NA NA B. % Page 3 of 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCE :1, 10MW , 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 46.378 NA NA 338.23 NA NA NA NA NA 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 46.378 44,402 4.26% 338.23 4 30.2 33.4 74t 74t 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 50.000 NA 35% 150 4 30 15 15 30 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** NA NA NA SIA NA NA *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 7B. Proposed Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building* of Units** 1.976 1 26 1.976 Business Garage 1 *Reference Uses from the Zoning Bylaw&Table 1. **State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this responsibility. The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Board of this application as incomplete. OWNER: ABBIE KAYLA LLC APPLICANT: DOWNER BROTHERS LANDSCAPING, INC. Signature: BY ,- " ^ ' BY; Type above name(s) here: Christopher S. Downer Christopher S. Downer ORTH Zoning Bylaw Review Form Of N•�••,. ° Town Of North Andover P:��' "'.• �; Building Department #: 1600 Osgood Street,Building 20,Suite 2-36 North Andover,MA.01845 gas"c'"j5� Phone 978-688-9545 Fax 978-688-9542 Street: 0 North Main Street Ma /Lot: 28/22 Applicant: Abbie Kayla LLC Request:__ Construct landscaping business garage in contractor's Fard. Date: 2128107 Please be advised that after review of your Application and Plans that your Application is DENIED for the following Zoning Bylaw reasons: Zoning District: I-S Item pNotes;; Item Notes A Lot Area F Frontage 1 Lot area insufficient 1 Fronts e Insufficient 2 Lot Area Preexistin 2 Frontage Complies X 3 Lot Area Complies 3 Preexisting fronts e 4 Insufficient Information 4 Insufficient Information B Use 5 No access over Frontage 1 Allowed X Y Contiguous Building Area 2 Not Allowed 1 Insufficient Area 3 Use Preexisting2 Com lies X 4 Special Permit Required 3 Preexistin CBA 5 Insufficient Information 4 Insufficient Information C Setback H Building Height 1 All setbacks comply X 1 Height Exceeds Maximum 2 Front Insufficient 2 Com lies X 3 Left Side Insufficient 3 Preexistin Hei ht q Ri ht Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setbacks t Coverage exceeds maximum 7 Insufficient Information 2 Covera a Complies X RINotershed 3 Coverage Preexisting in Watershed X Insufficient Information atershed d Sign rior to 10/24/94 1 Si n not allowed e to be Determined 2 Si n Com lies5 nsufficient Information 3 Insufficient Information E Historic District K Parking 1 In District review required #2Parkina ore Parkin Re uired 2 Not in district X om lies X nsufficient Information Remedy for the above is checked below. Item# Special Permits PlanningBoard Item# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parking Variance Frontage Exception Lot Special Permit A-1 Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign Continuing Care Retirement Special Permit S ecial Permits Zonin Board independent Elderly Housing Special Permit Special Permit Non Conforming Use ZBA Large Estate Condo Special Permit Earth Removal Special Permit ZBA Planned Development District Special Special Permit Use not Listed but Similar Permit Planned Residential Special Permit Special Permit for 2 Unit R-6 Density Special Permit Special Permit Pre-existing,Non- Conformin Watershed Special Permit Supply Additional Information The above review and attached explanation of such is based on the plans and information submitted. No definitive review and or advice shall be based on verbal explanations by the applicant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for DENIAL. Any inaccuracies,misleading information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to be voided attire discretion of the Building Department The attached document titled"Plan Review Narrative"shall be attached hereto and incorporated herein by reference. The building department will retain all plans and documentation for thea file.You must file a new building permit application form nd 'n the permitting process. wilding Depa0tMcjI Signa — icati n Received Application Denied Denial Sent: If Faxed Phone Number/Date, Plan Review Narrative The following narrative is provided to further explain the reasons for denial for the building permit' for the property indicated on the reverse side: lift AV- A-1 A Variance from the Zoning Board of Appeals is required from Section 7.1 (Lot Area)&Table 2 of the Zoning Bylaw in order to construct the proposed landscaping business garage. / S yS L �I I Referred To: Fire Health Police X Zonina Board of Tkppeals Conservation Department of Public Works Plannina Historical Commission Other BUILDING DEPT ZoningBylawDenial2000 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS APPLICANT: DOWNER BROTHERS LANDSCAPING,INC. OWNER: ABBIE KAYLA LLC PROPERTY: ASSESSOR MAP 28,PARCEL 22 0 NORTH MAIN STREET,NORTH ANDOVER MEMORANDUM IN SUPPORT OF APPLICANT'S REQUEST FOR DIMENSIONAL VARIANCE I. INTRODUCTION Pursuant to Section 10.4 of the North Andover Zoning Bylaw and §10 of MGL c. 40A, Downer Brothers Landscaping, Inc.,requests that a variance or other zoning relief be granted to permit the construction of a commercial/industrial building for use as a business garage on the property which fails to conform with current lot size requirements. 11. BACKGROUND Downer Brothers Landscaping, Inc. (the"Petitioner"or"Applicant") is the prospective tenant and user of the premises located at 0 North Main Street in North Andover(the"Property"). The Property is owned by Abbie Kayla LLC (the"Owner"), an affiliate of the Applicant. The Owner acquired the property by deed of Vincent B. Landers and Sheila M. Landers, as Trustees of The Landers Nominee Trust, dated January 30, 2006 and recorded at Book 10121, Page 327 of the Essex County North District Registry of Deeds (the"Deed"). The Property further described in the Deed and it is also identified on the Town of North Andover Assessor Map 28, as Parcel 22. The Property is located in the Industrial"S"Zoning District("IS"),where the proposed use of the Property as a business garage is permitted by right. On or about February 13, 2007, the Building Inspector issued a denial of the Petitioner's application and determined that issuance of a building permit requires a dimensional variance. More specifically, as the basis for denial,the Inspector of Buildings determined that the proposal did not comply with the requirements of Section 7 and Table 2 of the Zoning Bylaws and that a Variance for lot area was required to erect the structure. A copy of the Building Inspector's Denial is attached as Exhibit A. It is noted that the Property has historically been used for commercial business operations from the 1960's when it was purchased by Hurricane Fences, Inc. and thereafter by the Landers,the Owner's predecessor in title. A structure was previously erected and used on the Property, as evidenced by the remains on the Property of a building foundation and driveway of substantially similar size and location to the proposed development. In addition, it is noted that the Property is bordered by a substantially smaller undersized lot which is developed to include a building. III. BASIS FOR VARIANCE The Applicant's proposed variance meets all of the conditions for granting of a variance. The basis for the Petitioner's appeal is as follows. 1. There are circumstances relating to soil conditions, shape, or topography of the land or structures and especially affecting such land or structures but not affecting generally the zoning district in which the property is located. In particular,the following property conditions are noted: a. The Property's shape, soils and topography are unique, with the property oddly shaped by a triangular"block"of streets and bordered on its northwesterly edge by the Merrimack River, on two opposite ends to the west and east by roadways (Ferry Street and North Main Street), and to the south by an abutting undersized lot. b. The entire northerly portion of the Property is the subject of an easement to the Greater Lawrence Sanitary District and the sole abutting parcel is fully developed with a mixed use commercial garage structure and residential apartment. It is further noted that abutting property is nonconforming including as to dimensional requirements, including without limitation lot area, with the lot substantially smaller than the subject Property. C. In additional,the Property is subject to soil and topography issues given its proximity to the Merrimack River with steep sloping along the rear of the lot to the border and bank of the river. 2. As a result of the circumstances described above which affect the Property but do not affect the zoning district in general, a literal enforcement of the area requirements of the Zoning Bylaw will involve substantial hardship, financial or otherwise,to the Applicant. The Property is"landlocked"by roadways and the river, which makes the ability to expand the lot, in this case,to conform with zoning impractical if not impossible. The property has been taxed and was purchased considering valuation as a building lot, has in the past had a storage building constructed on the Property, and the lot owner will suffer significant financial hardship if deprived of its value and investment. 3. The relief sought will be desirable and without substantial detriment to the public good. The lot and structure, while not conforming technically to the lot area requirement of Table 2 of the Zoning Bylaw will be conforming otherwise with all setbacks and with the Table 2 dimensional requirements. Further,the Property will be more conforming in this regard than its only immediate abutter. All property owners in the neighborhood should reasonably have expected that the property would again eventually be developed in light of the ongoing and historic commercial use of the Property and considering the existing concrete slab foundation at the Property. 4. Allowing the construction of the commercial building on the Property with a 46,378 SF lot foot rather than a 50,000 SF lot will not derogate from the intent or purpose of the Zoning Bylaw because it will allow development that is consistent with and in keeping with the development of other properties in the neighborhood. The use is a permitted use and the lot area is consistent with or greater than for the abutting IS-zoned lot. Further, allowing a business garage on the Property would be consistent with the historic commercial use for this Property upon which a structure previously existed. Accordingly, for the reasons stated above, and others that will be presented at the hearing, the Petitioner respectfully requests the Zoning Board of Appeals to grant the requested variance, and allow the Property to be developed with a minimum with a 46,378 SF lot where a 50,000 SF lot is required. Respectfully submitted, DOWNER BROTHERS LANDSCAPING, INC. By its attorney, I Brian G. Vaughan, Esq. SMOLAK &VAUGHAN LLP 820 Turnpike Street, Suite 203 North Andover, Massachusetts 01845 (978) 327-5217 OWNER AUTHORIZATION 0 North Main Street,North Andover,Massachusetts (Assessors Map 28,Lot 22) The undersigned, Abbie Kayla, LLC,the owner(the "Owner") of property identified as Assessor's Map 28 Lot 22,located at 0 North Main Street,North Andover, Massachusetts, hereby authorizes Downer Brothers Landscaping, Inc. and Christopher S. Downer and/or their attorneys, agents or nominees,to apply to the Board of Appeals, Planning Board, Board of Selectmen, Board of Health and/or Conservation Commission of the Town of North Andover,as well as to any other boards or agencies, for all approvals necessary to use, construct and develop said property to include a commercial or industrial building(business garage)and for any additional or accessory uses or improvements as desired by the said applicant. The Owner disclaims any responsibility for the actions of,or information provided by,the Applicant relating to any requests for approval or otherwise. Dated: February 14, 2007 OWNER: ABBIE KAYLA, LLC By: Christopher S. Downer BK 1'0 121 PG 327 QUITCLUM DUD WE,VINCENT IL LADDERS and SHEILA lit.LANDERS,Trusm of the LANDERS Nt3bMSE TRUST,under declaration of trust dated Feb ary 6,2003 and recorded in Book,7618,Page 42 In consideration of TWO HUNDRED THOUSAND DOLLARS AND OW100 ($200,000.00)paid Grant to ABBIE KAYLA LLC,a Corporation,having a place of business at 21 Main Street,North Andover,Essex Couaty,Cmamwicalth of Massachusetts ~ WITH QUITCLAIM COVENANTS A certain parcel of had situated in the Town of North Andover,Massachusetts,and bounded and described as follows: Beginning at a stake an the Westerly side of North Main Street 132.00£ems Northerly from a awe bound at the motion of the Nordherly lim of Ferry Street with the Westerly line of North Main Street;thence Northwesterly by land now or fiumexly of the grantors 128.91 feet to an iron pipe;thence Southwesterly by land now or fmmedy of the grantors 178.16 fret to a point in the Northerly line ofFerry Street,said paint being 202.00 fed Northwesterly from the Westarly side of North Main Street;thence Northwesterly along the Northerly side of Ferry Street 85.61 feet,more or less,to the Merrimack River,theme Northeasterly by the Merrimack Diver 465.00 feet,more or lei to a point on the Westerly side of North Main Street,throe Southaiy by the Westerly side of North Main Stmt 338.23 feet,more or lei,to the point of begka�ing. Containing 41,945 square feet,more or less. Bei the same premier as conveyed to the within Smntors by deed of Vincent B. Landers dated February 6,2003 and recorded in the Essex North Registry of De ads in `F1 ' Book.7618,Page 51. See also deed dated November 17, 1977 at Book 1325,Pap 353. r) 4 k Ln 0 ar-3 'a m' FBK 10 121 G 328 WITNESS our band and seal this day of January,2006. ( '6 Zk— VINCENT B.LANI}$R,S,Trustee SIMU.A M.L ANDERS,Twee THE COMMONWEALTH OF MASSACHUSETTS Essex a On this j o day ofJanuary,2006,before me,the undersigned notary public, personally appeared Vincent B.Landers and Sheila M.L das,Truatees of the Landers Nominee Trent,u/d/tl dated February 6,2003,proved to me through satisfactory evidence of identification,which were MA Drivers License,to be the peon whose name is signed on the preceding document,and acimawledpd to me that they signed it voluntarily for its stated purpose." Notary Public, My mission ex vt+u yr�✓ems.4 .•�s':.', it Abutter to Abutter( ) Building Dept. ( ) Conservation ( ) Zoning ( ) REQUIREMENT, MGL 40A,Section 11 states in part'Parties in Interest as used in this chapter shall mean the petitioner, abutters,owners of land directly oppositeon any public or private way,and abutters to abutters Within three hundred(300)feet of the property line of the petitioner as they appear on the most recent applicable tax list,not withstanding that the land of any such owner is located in another city or town,the planning board of the city or town,and the planning board of every abutting city or town." Subject Property, MAP PARCEL Name Address 28 22 Landers Nominee Trust 40 Court Street,North Andover,MA 01845 Abutters Properties Map Parcel Name Address 28 6&5 Rosario Finocchiaro 11 Riverview Street,North Andover,MA 01845 28 7 Sutton Street Realty Trust 109 Main Street#E2 North Andover,MA 01845 28 19 Town of North Andover 120 Main Street,North Andover,MA 01845 28 23 In-Laws Realty Trust 200 Sutton Street,North Andover,MA 01845 28 4&3 Greater Lawrence Sanitary Charles Street,North Andover,MA 01845 28 2 Raymond Finocchiaro 11 Riverview Street,North Andover,MA 01845 28 1 LBM Realty Trust 200 Sutton Street,North Andover,MA 01845 28 1.A Charles Matses 200 Sutton Street,North Andover,MA 01845 17 2&3 Louis Kmiec 101 Turnpike Street,North Andover,MA 01845 17 1 Michael Clark 16 Ferry Street,North Andover,MA 01845 17 4,21 &22 Russell Hertrich 91 Hampstead Street,Methuen,MA 01844 17 5 John Lu 945 Main Street,Tewksbury MA 01876-1847 17 6 Jason Horyn 32 Ashland Street,North Andover,MA 01845 17 7 James Wilen 28 Ashland Street,North Andover,MA 01845 72 11 Elaine Brasseur 31 Riverview Street,North Andover,MA 01845 This certifies that the names appearing On the records of� the Assessors Office as Of _ Certified by* Date f2 -52' WINDOW (TYP.) GARAGE 38' FLOOR RAMP RAMP PLAN VIEW NOTES: 1. FINISH FLOOR ABOVE FLOOD PLAIN ELEVATION OF 33.00. 2. STRUCTURAL ENGINEER SHALL DESIGN PILINGS AND FLOOR SYSTEM. PROPOSED GARAGE FLOOR PLAN 0 NORTH MAIN ST.,NORTH ANDOVER,MA ASSESSORS MAP 28,LOT 22 PREPARED FOR GRAPHIC SCALE DOWNER BROTHERS LANDSCAPING NORTH ANDOVER,MA 01845 (IN FEET) SCALE:1'=20' FEBRUARY 23,2007 20' 0 20' 40' 60 NEW ENGLAND ENGINEERING SERVICES,INC. 1600 OSGOOD STREET BUILDING 20,SUITE 2-64 NORTH ANDOVER,MA 01845 (978)686-1768 1 INCH=20 FEET DRAWN BY: SHEET#. CHECKED BY: T.K.H. 1 Of 1 B.C.O.Jr. [FILE#: DESIGN BY: 1150-Floor Plan 2-23-07 B.C.O.Jr. 52' 12 4 -12'-•► 22.3' 12' 1G 10' FT'ta 1 RAMP RAMP 12"x 1Z' CONCRETE COLUMN(TYP.) FRONT RIGHT WOOD FRAME WITH WOOD CLAPBOARDS 12 4 26 E3 E3 39 REAR LEFT NOTES: 1. FINISH FLOOR ABOVE FLOOD PLAIN ELEVATION OF 33.00. 2, STRUCTURAL ENGINEER SHALL DESIGN PILINGS AND FLOOR SYSTEM. PROPOSED BUILDING ELEVATIONS 0 NORTH MAIN ST.,NORTH ANDOVER,MA ASSESSORS MAP 28,LOT 22 GR.APIHIC SCALE PREPARED FOR r D4WPIER BROTHERS LANDSCAPING NORTH ANDOVER,MA 01845 (IN FEET) SCALE:1"=20' FEBRUARY 14,2007 20' 0 20' 40' 60, NEW ENGLAND ENGINEERING SERVICES,INC. 1600 OSGOOD STREET BUILDING 20,SUITE 2-64 NORTH ANDOVER,MA 01845 (978)686-1768 1 INCH-20 FEET DRAWN BY: SHEET t. CHECKED BY: T.K.H. 1 of 1 B.C.O.Jr. FILE* DESIGN BY: 1150-ZBA Plan 2-14-07 B.C.O.Jr. PAGE 4 of 4 VARIANCE 9. WRITTEN DOCUMENTATION Engineer, Registered Architect, and/or a Registered Application for a Finding must be supported by a legibly Landscape Architect may be required for Major Projects. written or typed memorandum setting forth in detail all facts relied upon. All dimensional requirements shall be *10. C. *Required Features On Plan: clearly identified and factually supported when requesting n Site Orientation shall include: a Finding from the requirements of MGLA ch. 40A, and 1. north point the North Andover Zoning Bylaws. All points,A-C,are 2. zoning district(s) required to be addressed with this application. 3. names of streets 4. wetlands(if applicable) A. The particular use proposed for the land or structure. 5. abutters of property, within 300' radius B. Fact(s) relied upon to support a Finding that the 6. locations of buildings on adjacent properties proposed extension or alteration shall not be more within 50' from applicants proposed structure substantially detrimental than the existing non- 7. deed restrictions, easements. conforming use. II) Legend$Graphic Aids shall include: C. Address all appropriate details of the Building 1. Proposed features in solid lines&outlined in red Commissioner's denial. 2. Existing features to be removed in dashed lines 3. Graphic Scales 4. Date of Plan 10. PLAN OF LAND 5. Title of Plan 6. Names addresses and phone numbers of the Each application to the Zoning Board of Appeals shall be applicant, owner of record, and land surveyor. accompanied by the following described plan(s). Plans 7. Locus. must be submitted with this application to the Town Clerk's Office and ZBA secretary at least thirty(30)days 10. D. Minor Projects prior to the public hearing before the Zoning Board of Minor projects,such as decks,sheds,and garages, appeals. shall require only the plan information as indicated with A set of building elevation plans by a Registered an asterisk(*). In some cases further information may Architect may be required when the application be required involves new construction/conversion/and/or a proposed change in use. 11. APPLICATION FILING FEES 10. A. Major Projects 11.A. Notification fees:Applicant shall provide a check Major projects are those which involve one of the or money order to: "Town of North Andover-#022-1760- 4841"for the cost of first class, certified, return receipt following whether existing or proposed: five 5 or more parking spaces, 04.64 as of January 2006)x#of all parties in interest I ( ) p g p identified in MGLA ch. 40A§11 on the abutter's list for II)three (3) or more dwelling units, the legal notice check. Also, the applicant shall supply III)2,000 square feet of building area. first class postage stamps(currently 39¢)x the#of Major Projects shall require, in addition to the 10B. & parties of interest on the abutter's list for the decision 10 C. features, that the plans show detailed utilities, mailing. soils, and topographic information. 11. B. Mailing labels: Applicant shall provide four(4) *10. B. *Plan Specifications: sets of mailing labels no larger than 1"x2-5/8" (3 copies I) size of plan: Ten (10)paper copies of a for the Legal mailing and one copy for the Decision plan not to exceed 11"x17", preferred scale of mailing). 1"=40'. II) One(1) Mylar,with one block for Registry 11.C. See 2005 Revised Fee Schedule. Use Only, and one block for five(5)ZBA signatures and date.. III Plan shall bere ared stamped and p P p certified by a Registered Professional Land Surveyor. Please note that plans by a Registered Professional