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HomeMy WebLinkAboutApplication - 234 DALE STREET 1/18/2018 TOWN OF NORTH ANDOVER ZONING BOARD OF APPEALS Y NAME: David Cronin ADDRESS OF APPEAL,: 234 Dale Street North Andover MA TOWN CLERIC TEHE STAMP qij �63 Procedure & Requirements for an Application for a Variance "Twelve(12)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND submitted thirty fj0j days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to Board of an application as incomplete. the parties in interest(abutters)and for publication in the The information herein is an abstract of more specific newspaper. The petitioner is notified that the legal notice has requirements listed in the Zoning Board Rules and been prepared and the cost of the Party in Interest fee. Regulations and is not meant to supersede them. The petitioner will cern Tete items that are underlined. STEP 7:DELIVERY OF LEGAL NOTICE TO NE'W'SPAPER: STEP 1: ADMINISTRATOR PERMIT DENIAL: The petitioner picks up the legal notice from the Office of the The petitioner applies for a Building Permit and receives a Zoning Board of Appeals and delivers the legal notice to the Zoning Bylaw Denial form completed by the Building local newspaper for publication. Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING STEP 2: VARIANCE APPLICATION FORM: BOARD OF APPEALS; Petitioner completes an application form to petition the Board The petitioner should appear in his/her behalf,or be of Appeals for a Variance. All information as required in items represented by an agent or attorney. In the absence of any 1 through and including I I shall be completed. appearance without due cause on behalf of the petition,the Board shall decide on the matter by using the information it has STEP 3:PLAN PREPARATION: received to date. Petitioner submits all of the required plan information as citied i in page 4,section 10 of this form. STEP 9:DECISION: After the hearing,a copy of the Board's decision will be sent to f STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: all Parties in Interest.Any appeal of the Board's decision may The Petitioner requests the Assessor's Office to compile a be made pursuant to Massachusetts General haw ch.40A§ 17, certified list of Parties in Interest(abutters). within twenty(20)days after the decision is filed with the Town Clerk. STEP 5: SUBMIT APPLICATION: Petitioner submits one(1)original and eleven(11)Xerox STEP 10: RECORDING THE DECISION AND THE copies of all required information to the Town Clerk's Office to PLANS. be certified by the Town Clerk with the time and date of filing. The petitioner is responsible for recording certification of the The original will be left at the Town Clerk's Office,and the '1'1 decision,the Mylar,and any accompanying plans at the Essex 1 Xerox copies will be left with the Zoning Board of Appeals County,North Registry of Deeds,354 Merrimack Street,Suite secretary. #304,Lawrence MA.01843 and shall complete the Certification of Recording form and forward it to the Zoning Board of Appeals and to the Building Department. IMPORTANT PRONE NUMBERS: 978-688-9533 Office of Community&Economic Development North Andover Town Hall 120 Main Street 120 Main Street North Andover,MA, 01845 978-688-9501 Town Clerk's Office a 978-688-9542 fax for Office of Community&Economic Development 978-688-9566 Assessor's Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office 1 (00,14142; 1) PAGE 1 OF i PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a V ARIA CE please eom lete'al!hems`]-10.below: is771 1. Petitioner: *Name, *Address and telephone number: David Cronin 234 Dale Street North Andover MA 01845 Tele hone: 978 664-4488 *The petitioner shall be entered on the legal notice and die decision as entered above. 2. Owners of Land: Name,Address,telephone number, and number of years under this ownership: David Cronin 234 Dale Street North Andover MA 01845 Telephone: 978 664-4488 Years Owned Land: 10 3. Location of Property: a. Street:234 Dale Street Zoning District: R-1 b. Assessors: Map Number: 64 Lot Number: 028 c. Registry of Deeds: Book Number: 10764 Page Number: 202 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. Section 7 Dimensional Re uirements Section 7.3 *Refer to the Zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Request for variances from Section 7.3 of the North Andover Zoning Bylaw to approve an addition to an existing structure and construction of a deck and covered porch resultin in side yard set backs of 14.i' relief of 15.9' and 11.4' relief of 18.6D,where side set backs of 30' are re aired by Section 7 Dimensional Re uirements , 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 citied on page 4,section 9 of this application. Failure by the applicant to describe 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. E 6A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that wi❑not meet current Zoning Bylaw Requirements. (Lines A and B 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.12,360* NIA NIA 81.6* N/A NIA 14.1 11.4 NIA B. *Preexisting lawful nonconforming l00114142;vil PAGE 3 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIANCEI 6B. Existing Lott Lot.Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq,Ft. Coverage Feet Spaces Front Side A Side B Rear 1 12,360 11.581 6.3% 8L6 4 39.9 23.9 13.4 158 6C Proposed.Lot(s): j Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 12,36(} 11.581 6.3'% 81.6 5 31 14.1 11.4 142 1 6D. Required Lot: (As required by Zoning Bylaw&Table 2) back Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Set Sq.Ft. Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear 87,120 N/A NIA 175 NIA 30 L0 30 30 7A, Existing Building(s): Ground Floor Number of Height. Total Use of plumber Square feet Floors Sq.Feet .Building* of Units** I 779 2 20.0 1..558 Residential 1 7B. Proposed Building(s): Ground Floor Number of Height Total. Use of Number Square feet Floors Sq,Feet Building* ofUnits** 779 3 34.6 2,483 Residential 1 *Reference Uses from the Zoning Bylaw&Table l "State number of units in building(s). S. 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 tiling 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. Simature: . y 4 Type above name here: Brian G. Vaughan, Esq., as Attorney for David Cronin. 100114142;vl1 I PAGE 4 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a V ARI Alr CE 9. WRITTEN DOCUMENTATION II). One(1)Mylar,with one(1)block for Registry Application for a variance must be supported by a legibly Use Only,and one(1)block for five(5)ZBA written or typed memorandum setting forth in detail all signatures&date. facts relied upon. When requesting a Variance from the III). Flan shall be prepared, stamped and certified requirements of M.G.L ch.40A,Sec. 10.4 and the North by a Registered Professional Land Surveyor, Andover Zoning Bylaws,all dimensional requirements Please note that plans by a Registered shall be clearly identified and factually supported. All Professional Engineer. Registered Architect, points,A-F,are required to be addressed with this and/or a Registered Landscape Architect maybe application. required for Major Projects. A. The particular use proposed for the land or structure. *IOC. *Required Features On Plan. B. The circumstances relating to soil conditions,shape or 1). Site Orientation shall include: topography of such land or structures especially 1. North point affecting the property for which the Variance is sought 2. Zoning district(s) which do not affect generally the zoning district in 3. Names of streets which the property is located. 4. Wetlands(if applicable) C. Facts which make up the substantial hardship, 5. Abutters of property,within 300'radius financial or otherwise,which results from literal 6. Locations of buildings on adjacent properties enforcement of the applicable zoning restrictions with within 50' from applicants proposed structure respect to the land or building for which the variance 7. deed restrictions,easements. is sought. 11). Legend&Graphic Aids shall include: D. Facts relied upon to support a finding that relief 1. Proposed features in solid lines&outlined in sought will be desirable and without substantial red detriment to the public good. 2. Existing features to be removed in dashed lines E. Facts relied upon to support a finding that relief 3. Graphic scales sought may be given without nullifying or 4. Date of Plan substantially derogating from the intent or purpose of 5. Title of Plan the Ordinance. 6. Names addresses and phone numbers of the F. Submit RDA from Conservation Commission when applicant,owner or record,and land surveyor. Continuous Buildable Area is applied for in ZBA 7. Locus application. IOD. Minor Projects Minor projects,such as decks,sheds,and 10. PLAN OF LAND garages,shall require only the plan information as Each application to the Zoning Board of Appeals shall be indicated with an asterisk{*}. In some cases further accompanied by the following described plan. Plans must information maybe required. be submitted with this application to the Town Clerk's Office and the ZBA secretary at least thirty(30)days 11. APPLICATION FILING FEES prior to the public hearing before the Zoning Board of 11.A. Notification fees: Applicant shall provide a Appeals. check or money order to: "Town of North Andover"far the cost of first class,certified,return receipt x#of all A set of building elevation plans by a Registered parties in interest identified in M.G.L ch.40A§11 on Architect may be required when the application abutters list for the legal notice check. Also,the involves new constructionlconversiontandlor a applicant shall supply first class postage stamps for each proposed change in use. address listed on the abutter's list,plus an additional two 10A. Major Projects (2)for the decision mailing. Major Projects are those,which involve one of the 11..13. Mailing labels: Applicant shall provide four following whether existing or proposed: 94}sets of mailing labels no larger than 1"act-518"(Three l). Five(5)or more parking spaces, (3)copies for the Legal,and one(1)copy for the Decision 11). Three(3)or more dwelling units, mailing). 111).2,000 square feet of building area. I i.C. Applicant shall provide a check or money order Major Projects shall require,that in addition to the lOB& to:"Town of North Andover"per the 2005 Revised Fee I OC feature,that the plans show detailed utilities,soils, Schedule. and topographic information. *1013. Plan Specifications: one A Variance once granted by the ZBA will lapse in one(1)year if not exercised and a new petition must 1). Size of plan: Ten(10)paper copies of a plan not to exceed 1I"x17",preferred scale of be submitted. 1"=40' l00114142;vsl oning ylaw Review Fora-i ZB Town Of North Andover Building Depairbilent 1600 Osgood St.Bldg 20 Suite 2-36 North Andover, MA.01845 Phone 978-688-9645 Fax 978-688-9542 Street.- Map/Lot, �01— Applicant: 22 X 5 Request, Date, Ptease be advised that after review of your Application and Plans that your Application Is DENIED for the following Zorting Bylaw reasons: Zoning I item Notes Item Notes A Lot Area F Frontage 1 Lot area InsufficientI Frontage Insufficient 2 Lot Area Preexisting 2 Frontage Complies 3 Lot Area Complies 3 Preexisting fronts 4 Insufficient information 4 Insufficient Information Use 5 No access over Frontage I Allowed G Gontlquous Building Area 2 Not Allowed I Insufficient Area 3 Use Preexisting 2 Complies 4 Special Permit Required 3 Preexisting CBA 5 Insufficient Information 4 Insufficient Information Setback H Building Height i All setbacks comply I Height Exceeds Maximum 2 Front Insufficient 2 Complies 3 Left Side Insufficient 3 Preexisting Height 4 Right Side Insufficient 4 Insufficient Information 5 Rear Insufficient I Building Coverage 6 Preexisting setback(s) I< I Coverage exceeds maximum 7 Insufficient Information 2 Coverac ge Complies D Watershed 3 Coverage Preexisting V� I Not in Watershed 4 insufficient Information 2 In Watershed V— j Sign 3 Lot prior to 10/24194 1 Sign not allowed 4 Zone to be Determined 2 Sign Complies 5 Iflsufficlent Information 3 Insufficient Information E Historic District K Parking review required I More Parking Required I In District 2 Not in district K 2 Parking Complies ufr 3 Insufficient Information 3 EInsufficient Information Pre_exisil, 41 Pre-existing_Parkin . Remedy for the above is chocked below. Item 4 Special Permits Planning Board Kenn# Variance Site Plan Review Special Permit Setback Variance Access other than Frontage Special Permit Parkin Variance Frontage Exception..1-ol.8pecial Permit Lot Area Variance Common Driveway Special Permit Height Variance Congregate Housing Special Permit Variance for Sign. Continuing Care Retirement Special Permit Special Permits Zonln !3oard Inde pend ent Elderly Housing Special Permit Special Permit Non-Conforming Use ZBA Larfle Estate Condo S ectal Permit Earth Removal Special Permit ZBA Planned Development District Special Permit. Special Permit Use not Listed but Similar Planned Residential S aciat Permit Special Permit for Sign R-6 Denulty Special Permit Special permit for preexisling nonconforming Watershed Special Permit The above review and attached explanation of such is based on the plans and Information submitted, No definitive reVew and or advice shelf be based on verbal ekptinatlons by the sippt3cant nor shall such verbal explanations by the applicant serve to provide definitive answers to the above reasons for Any Inaccuracies,misleading Information,or other subsequent changes to the information submitted by the applicant shall be grounds for this review to he voided at the discretion of the f3ulding Department.The attached document titled"Plan Review Narrative shall be attached hereto and incorporated herein by reference. The building department wRl retain all plans and documentation for the above file.You must file anew permit application form and begin the permitting process. Building Department Official Signaiure Application Received Application Dentecr I)Lnial Sent If Faxed Phone NumberjDate: Plan Review Warrative The following narrative is provided to further explain the reasons for DENIAL for the APPLICATION for the property indicated on the reverse side: Ret-Maons for: Refire ll us :i r°� -555 190-9��/-s;0-r"©i � ,r E wiLL cG r..v6o7VP.TL �11 cJI�iGr f, G � u�u'v t�5�IACsi ra4P-11 nsz!F ��fel`t•�d i'�: Fire I Health Pofice tonin Board �— Conservation Department of Public Works Manning Historical Commission Other Building Department FOR REGISTRY USE ONLY VARIANCE PLAN LOCATED IN NO.ANDO VER,MA. PREPARED FOR DA VID CRONIN 234 DALE ST,NO.ANDOVER,MA.01846 40 0 40 80 FT DATE., 611117,10/23/17,11/2/17,1/16/18 SCALE: 1"=40' PROFESSIONAL ENGINEERS&LAND SURVEYORS I CERTIFY THAT THIS PLAN CONFORMS TO THE RULES AND CHRISTIANSEN& SERGI, INC. REGISTER OF DEEDSULATIONS OF THE 160 SUMMER STREET, HAVERHILL,MASSACHUSETTS 01830 WWW CSPENGR.COM TEL,978-373-0310 FAX 978-372-3960 DATE I CERTIFY THAT THE PROPERTY LINES SHOWN ARE THELINES DIVIDING EXNG OWNERSHIPS, r STREETS AND W YI STIS SHOWN ARE THOSE OF PUBLIC OR THE LINES OF REFERENCE PLANS PRIVATE STREETS OR WAYS ALREADY ESTABLISHED,AND 1.PLAN BY RALPH BRASSEUR DATED JUNE NO NEW LINES FOR DIVISION OF EXISTING OWNERSHIPS OR 15,1953 SURVEYED FOR JOHN DUMONT. FOR NEW SHOWN. RECORDED IN THE NORTH ESSEX REGISTRY vSHa�Afq CHAATER415ECTION8IX OFDEEDSPLANNO.2714. MICHAEL n SERGI -mi N J Ho.33191 y`I € MICHAEL I P. .S. DATE N/F THE CERTIFICATION SHOWN ABOVE IS INTENDED TO MEET Town of No.Andover REGISTRATION REQUIREMENTS AND IS NOTA CERTIFICATION Book 10533 Page f TO TITLE OR OWNERSHIP OF PROPERTY SHOWN-OWNERSHIP Map 37.6 Lot 2 OFADJOINING PROPERTIES ARE ACCORDING TO Q ASSESSORS RECORDS, A-f A-3 ASSESSOR REFERENCE 1.TOWN OF NORTH ANDOVER MAP 64 LOT 28 Lot A N/F A-12360 S.F. Edward J.Morgan Back 2312 Page 230 Map 64 Lot 13 1� \'• ro0'xon-prsmm REFERENCE DEEDS No rDfsd d gC iW'aVWeuAer (.DEED BOOK 10764 PAGE202 NORTH ESSEX Su"g 1V/F Gafage REGISTRY OF DEEDS DATED 5/24/07.DEED FROM Kelly Family Tr. LISA H.MALSKY TO DAVID CRONIN. Book 14675 Page 87 3g PRW N Map 64 Lot 19 rgT Uncovered j � Fxlsl. I ZONING BOARD OFAPPEALS ' Proposed Prop ±f N.p• Cavomd I 2nd I Exlsling TOWN OF NO ANDOVER tr pam r stop, I rr.4 D"Nhv ..� t azbi 134 rFjrisGng rr$if-ConC —.... fir! Dfive ��•� Lacus My (7o be r repaveuJ 8f.6' �' Dale St. Bear Hill r ® Rd. DA Da 16 Street ADDITION TO THE CRONIN RESIDENCE 234 DALE E NORTH ANDOVER, ARCHITECT CHRISTOPHER CLO R, R.A. , - S SEYMOUR AVENUE LYNN, MA 01902MA 4 7$1-479-6137 'z' ' DRAWING LIST X-0 - EXISTING GROUND FLOOR PLAN X-1 - EXISTING FIRST FLOOR PLAN X-2 - EXISTING ELEVATIONS X-3 - EXISTING ELEVATIONS A-0 - PROPOSED GROUND FLOOR PLAN A-1 - PROPOSED FIRST FLOOR PLAN A-2 - PROPOSED SECOND FLOOR PLAN A-3 - PROPOSED FRONT (SOUTH) ELEVATION A-4 - PROPOSED SIDE (WEST) ELEVATION A-5 - PROPOSED REAR (NORTH) ELEVATION A-5 - PROPOSED SIDE (EAST) ELEVATION ZONING VARIANCE PERMIT SET SEPTEMBER 1 , 2017 ADDrnO+1 TOTHE CROON RESDENCE 234 DALE STIP NORTH ANDOVE[t, MA GALLED NORTH rS� „_. . — URFIUISs•iEB t �- FAMILY ROAM C44MSTOPWER GLCC tER BEDPOOM 8 SsUmow Averue Lgm,MA 015M '18€->4'15-613'7 IL eFtEecloct�re ya Y�or�m EXISTING GRQLIND FLOOR PLAN DATE- GEM.U,24M SCALE: 3/yo,.P-V — --------------------- ADUTION TOTI- CRQNIN RESDENCE 234 DALE STREET NORTH ANDOVER, MA CALLED NORTH A40— `�-,bjjlk c-"Cam � ATH co �� � Q 4, MA� BE©RC36?h RO i�± 00 s a DIINIIMr. KITCHEN — CHRISTOfl-ER CLOCHER RErAMW AFZWIW- 5eym Avg L rt MA 015M 181-419-6131 S]:DRQ®M LIVENG RQQM ® cW*clocher*jaF+oo.c= EXiSTING FIRST FLOOR PIAN DATE! SEPT.17,2011 SCALE: 3AW F P-0' ADDMON TOTFIE CRONIN RESmovCE a 234 DALE STREff - NMTH ANMVK MA FNSW MADE EXISTING FRONT (souTH) A-noN Fil , ' W T — GHRfST�FI)sR GI. F3ER FMASI ARDW1 r- ,_ _ Ly-,MA OMM a Li "681-4't9-(a63� darscicchar•y�+tx3o.wm o oil 11 EXISTING ELEVATIONS TF�c�cFN�su _ DAA. T.62,201`6 W,4u: 3/*',P-0" ®nss�t F600R&�s wow— EXISTING SIE (WEST) EL=N ADDITION 'TO TFE atONIN RESIDENCE ° 234 DALE STRMT NOR M ANDOVIR, MA BAt$'®Vi FL4QR 9Lh? DUSTING REAR (NORTH) ELEVATION C40STGPHER CLOCHER : S Sjmmw Avemic 0 Lrt MA MM X81-k'T9-Fsl3� ckrlsclocF�sr�jaFr� s� EXISTING ELEVATIONS r tFa+ee�a ra.00w .. m MAM MW DAZE: SEPT.E,20n BA8e8 T ii=Z AL65 c..1PRil6t,'ED_GRADE.BAR—...., _...—............_...—. - - -_- w EXISTING ME (EAST) ELEVATION � —3 A©DMON TOME C OMN FENCE 234 DALE STREET NORTH ANDOVBt, MA if 115, � i�� i� � 1 VT I •- F01 i CALLED NORTH fAMILY PCOM t i . 5EDROOM 04MSTOF"IER CL004ER 3 fMWSTERED AF04nSa- f� Avemte 5TORAGE _ I Ly MA @l9@1 181-41'9-t 137 i PROPOSED k ,'- - - -`-oma - - - - Q;- - - - -> - - - - ��%� - - - ��I - -'�>' GROUND FLOOR PLAN DATE: SEPT.12,20n SCALE! 3/6'-r-0" ADDITION TOTI* CRONN RESIDENCE 234 DALE STREET NORTH ANDOVER, MA 36'- w_ a � -a - GALLED NORTH o o — INI � $ — —� DNG e � 4 xlreMEN Ista +Erz CLCCH ER uvp FEGMMRW AM�- 72 IL 11 LIVING o 8 Sa9aom Avg ". Lyras. A 0154 S BATI-I PROPOSED FIRST FLOOR o PLAN DATE: SEPT.B,Wrl AMMON TOTFE CRONN RESVENCE 234 DALE STRFE NORTH ANDOVER, MA mil In v ❑ CALLED NORTH BEDROOM b CLm _ a F---j - MASTER 5VITELYNN, MA .o ® 7 e a 5ECROOM C$.MSTOP14E2 CL004E2 AT �aoFWsaw Tcr- 8Lgrn S tAr OPBM drrs% ;g,noo.2, _ PRC7FUS@ SECOND FLOORV DATE. SEPT.12,201-1 SALE: 3lIFa'.V-®° � 234 DALE STREEr NORTH ANDOVK MAI -'- It MOT[11101 0 H 0 OF FRONT (SOU" -'- 1313 'IS-1-4113-6131 A 0[ on n on 00 PROPOSM ..... �l Jill I I I 111 HuMull -'- DATE: SEM t2,20rl _�-.--.--.--.--.--.--�--.--.--.--.--.--.--.--�-_ -- __ -_._ '--'--�--'--�--'--'--'--'--�--�--�--'--�--'--'--'--'--'--'- i USM 3t71S ®3SOdO'Hd y - � �� U' L w. MO uj Dmi _ Pt 7 E 1�, Qi�f�'lyC4�lG /• fLyiWN - yy�9� 3ylX�O�I�/`G�4 7��.PIpV//W�.33 a�}1'YI't�OI 3H.LOl NOWCKJY ADDITION T'OTW C CONN R,ESQ?ENC E 234 DALE STREET NORTH ANDOVER, MA OWE ON ;t g FSOnM AFZHr i- S 8ecpmr Avenue Lys,MA m i$1-di9-&sl�i _- clrieelerh�syalbearers� FlR3 FLQgt tF�1811 RLbPJ ip e .. _. ------ PROPOSED REAR (NORTH) AVQPACEF0*WM£i?ABE ..�..i. .-_ ..:�.:. -- .® .—, ._ ELEVATION BASSM+r FLOM 5!_e5 wowsY PNIEF�.6R4I1E+�4R , _.TT�� �n��} dpi Fhll4FFD GRADE*DKX�1'AfRS,h_._ - _ - -_ _ SCALE- 3/*"a t'-w ar AMMON T011-E CRONN RESUENCE 234 DALE STREET PEAK NORTH ANDOVER, RNA I ER 7 HEFEI g - 4 8 Seymour.Overate Lym,MA @ '! 181-4�9-613 dTledor tier"hoozom . IS4F➢ MME PROPOSED SIDE (EAST) AGEF ELEVATION ad T KDOR"$LAD DATE= SEM 12.24'JCI Abutter t&Abutter( Badding Dept. ConsOlVaI1011. Zoning TOWN of NORTH ANDOVER ABUTTERILIS MGL 40A,Becton 11 states In part'Pades in Werestai used inthis chapter$hall mean the petitioner, abutters,owners at land directly opposite on any public or private xray,and abutters to abollers within three hundred(80D)reel Of the PrupOdY 1111001hapalitioner As they appear on the most recenlapplivable lax list,not withstanding l4at the Land of.anyauqb Owner Is locriled in anOIKOrtity Of town,theplann!rxi board of Ihe city Or town,and the planning board of tVary 91blA0A9 city ortown," SybJect Prop MAPEAR Namsse 64 28 David crordn 234 Dale Street,North Andover,MA 01845 Abutters Properties Mea arrels acne Address 37.B 2 Town of North Andover 120 Main Street,North Andover,MA 01845 37.113 3. Jeffrey Neals 206 Dale Street,North Andover,MA 01046 134 12 Frank Stewart 15 Blue Rldgt Road,North Andover,MA 01845 64 13 Edward Morgan 228 Dale Street,North Andover,MA 01848 64 16 Valerie BardascJni 287 Dale Street,North Andover,MA 01845 64 19 Kelly Family irrevocable Trust 240 Dale Street,North Andover,MA 01045 84 21 John Vincent 11 Bear Hill Road,North Andover,MA 01845 64 27 244 Date Street Realty Tnjst 244 Dale Street,North Andover,MA 01846 64 30 Julle,Nigro 242 Dale Street,North Andover,MA n1846 . 64 31 Harold Morley,.Jr. 256 Dale Street,North Andover,MA 01845 64 62 Bernard Family Realty Trust 10 Bear hill Road,North Andover,MA 01045 64 76 Stephen Querzoll 259 Dale Street,North Andover,MA 01945 64 77 Ahren Lippman 275 Dale Street,North Andover,MA 01845 Thh? Car that the n9mes appearlIV 011 Ole 1 . "Ord.; Of the A Gsaasar C011100 by., ate OWNER AUTHORIZATION ✓ 234 Dale Street, North Andover, MA (Map 64, Parcel 28) The undersigned, David Cronin,being the record owner of the reale property known and numbered as 234 Dale Street, North Andover,MA (the "Property") by virtue of a deed recorded with the Essex County North District Registry at Book 10764, Page 202, does hereby authorize and direct Smolak & j Vaughan LLP, to prepare and submit any and all necessary or desired applications and supporting materials and information and/or to appear and speak on the owner's behalf at any hearings for any approvals in connection with the undersigned owner's proposed additions,improvements and further development of the Property (the "Project"), including without limitation, any submissions with the Zoning Board of Appeals, Planning Board, Conservation Commission and/or Building Department of the Town of North Andover, Massachusetts, in connection with pursuit, negotiation, and obtaining any special permit(s), variance(s), Section 6 finding, any other permits, variances, " approvals, authorizations or consents as deemed necessary or desirable in connection with the Project. Executed under seal as of the date set forth below. ` Dated: )iar€uary 17, 2018 i OWNER: 6a&d Cro 1 ' r: (00110647;v l) QUITCLAIM DEED Bk 10764 P9202 ;1'-51978 05-24-2007 :E ' I I,Lisa H. Malsky,formerly known as Lisa H. Gabriel, of North Andover,Massachusetts for consideration paid,and in fill consideration of Two Hundred Ninety Five Thousand and 001100($295,000.00)Dollars MASSACHUSETTS STATE EXCISE Tax Essex Horth Resistru rant to David Cronin, individual) date: 9W24�2 07 0octs $ Y Cti�= 22D 93 Dace 1597$ Feel tIP345.20 Canso $295YO00.00 of 234 Dale Street,North Andover, Essex, MA 01845 300 Quitd4im tabenants; i A certain parcel of land,with the buildings thereon,situated in said North Ln Andover,being shown as Lot"A"on plan of land entitled: "Plan of Land in North Andover,Mass.,as Surveyed for John Dumont,June 15, 1953,Ralph B. Brasseur, C.E.," recorded with the North Essex Registry of Deeds as Plan No. 2714,said premises being substantially bounded and described as follows: H WESTERLY: by a stone wall by land now or formerly of Harold S. and Florence aSanborn, as shown on said plan,two hundred fifty-two feet: NORTHERLY: by land now or formerly of Marion Appleton,as shown on said plan, "o nineteen and 2110 feet; 2 EASTERLY: by Lot"B"as shown on said plan,two hundred eighteen and 40/100 feet; and SOUTHERLY: by Dale Street,as shown on said plan,eighty and 6/10 feet. ar qW K] N Being the same premises conveyed to the Grantor by Deed dated June 28,2002 and recorded with said Registry of Deeds at Book 6917,Page 169. P/M i Bk 10764 Pg 203 #15978 Witness my hand and seal this 22nd day of May,2007. Iv- Lisa H. Malsky COMMONWEALTH OF MASSACHUSETTS Essex,ss May 22,2007 On this 22,d day of May, 2007, before me,the undersigned notary public,personally appeared Lisa H. Malsky,proved to me through satisfactory evidence of identification, which was Massachusetts Driver's License, or known to me to be the person whose name is signed on the preceding or attached document and acknowledged to me,that she signed it voluntarily for its stated purpose. David F. Bernardin,Notary Public My commission expires: 09/17/2010 MOLAK & VAUGI-SAN MEMORANDUM 3 To: Town of North Andover Zoning Board of Appeals Applicant/Owner: David Cronin Property: 234 Dale Street Map 64, Parcels 28 Date: January 17, 2018 MEMORANDUM IN SUPPORT OF PETITION FOR VARIANCE I. INTRODUCTION The Applicant/Petitioner, David Cronin(the"Petitioner"),is requesting certain dimensional variances to allow for an addition to an existing single family home on an existing lot of record located at 234 Dale Street. Specifically,the Petitioner is seeking relief from Section 7.3,including requirements set forth in Table 2 Summary of Dimensional Requirements,of the Zoning Bylaw of the Town of North Andover, as amended(the"Zoning Bylaw") in the form of dimensional variances for side yard setbacks. It is noted that a separate variance application has previously been submitted by the Petitioner and remains pending with respect to the proposed project,for'a variance requested from gross floor area (GFA) expansion limits within the Watershed Protection District(WPD)- as set forth in Section 4.136(3)(c)(ii)(7) of the Zoning Bylaw. The Petitioner would request,that upon opening a public hearing for the dimensional side yard setback variances as requested in the present application and as further described in this memo,that the hearing for the side yard setback variances and the hearing for the WPD GFA expansion limit variance both be consolidated, and that matters be considered and decided simultaneously by the Zoning Board,because the matters are mutually dependent. (00114164;v1} East Mill,21 High Street, Suite 301,North Andover,MA 01845 W W W.SMOI.AKVAU GHAN.CO M Memo to North Andover ZBA Re:234 Dale Street January 17,2018 II. BACKGROUND The Petitioner, David Cronin,is the owner of an existing lot of record at 234 Dale Street,which is unproved with an existing single family dwelling. Title to the property was acquired by the Petitioner by virtue of a deed recorded on May 24,2007 with the Essex North District Registry of Deeds at Book 10764,Page 202.The lot was lawfully laid out on a plan recorded with the Essex North District Registry of Deeds as Plan No. 2714 in August,1953 (see copy attached to this memo as Exhibit A),and the existing home on the lot was built circa 1950 (see copy of assessor card for the property attached to this memo as Exhibit B.) In addition,a plan showing the subject property in relation to other nearby lots in the neighborhood is also included to provide context for the relative size and shape of the subject parcel (see copy attached to this memo as Exhibit C.) It is noted that because the lot was created and the existing structure built prior to the time at which the North Andover Zoning Bylaws were enacted on January 9,1957, any existing dimensional zoning nonconformities with respect to the lot or structure would be preexisting lawful nonconforming and for which variances are not required. In this regard,the existing frontage (81.6 feet where 175 feet would be required),lot size (12,360 SF where 87,120 would be required), and side yard setbacks (13.4 feet and 23.9 feet,respectively,where 30 feet would be required),are all preexisting and as such are deemed to comply as they presently exist, as was determined by and confirmed with Donald Belanger,the Inspector of Buildings.Thus,it is only with respect to any changes which might expand or increase these existing nonconformities that variances are required. The subject property is located in the Residence 1 ("R-1") Zoning District where the proposed use of the lot for single family residential dwellings is permitted by right. The existing structure consists of two levels (ie,a basement with first floor living area above.)While the structure includes approximately 1,558 SF of gross floor area, it includes only approximately 1,277 SF of finished living space (first floor and approximately 500 SF of the basement are finished.) The Petitioner is married with a family of three children including a new addition with the third child having been born in December,2017.The existing structure is too small to accommodate the Petitioner's expanded family,and as such,the Petitioner applied for a building permit to allow for the construction of an addition to the existing residential dwelling.The proposed addition would include an additional second story living space above the Existing first story living space and basement. The footprint of the foundation would not be expanded (in either the basement or first floor living areas.But the proposed second floor living space would include an overhang and a proposed first level covered porch and deck would be also added which would all project further into the side yard setbacks. The property and both the existing structure and proposed new structure are shown on plans submitted with the application,including: (i) a variance plan a plan entitled"Variance Plan,located in No. Andover,MA.,prepared for David Cronin,234 t001 14164;0) 2 Memo to North.Andover ZBA Re:234 Dale Street January 17,2018 Dale Street, No. Andover, MA. 01845" dated 6/1/17,revised 10/23/17,11/2/17 and 1/16/18,prepared by Christiansen&Sergi,Inc. (the"Proposed Variance Plan"),and (ii) existing and proposed floor and elevation plans in a plan set entitled "Addition to the Cronin Residence,234 Dale Street,North Andover,MA," prepared by Christopher Clocher,R.A.,consisting of 11 sheets, and dated 9/12/17 (the"Proposed Floor Plans"). The Inspector of Buildings issued a denial of the requested building permit for the addition to the structure (the"Denial Letter"). As the basis for denial,the Inspector of Buildings determined that the proposed project will require a Watershed Special Permit from the Planning Board because the expansion is proposed within the Nondisturbance Buffer Zone of the WPD,following issuance of a variance from the Zoning Board because the expansion exceeds the GFA expansion limitations under the WPD section of the Zoning Bylaw. As previously noted,this was the basis for a separate variance application filed by the Petitioner and pending before the Zoning Board. In addition,the Inspector of Buildings has also confirmed that the projection of the proposed addition,covered porch and deck further into the side yard setbacks would increase the nonconforming nature of the property and require additional relief for side yard setback variances. III. DISCUSSION As noted above,the Petitioner is requesting relief in the form of dimensional zoning variances for both side yard setbacks. The Zoning Bylaw requires that lots within the R-1 Zoning District comply with side yard setbacks (Section 7.3) as are set forth in Table 2 ("Summary of Dimensional Requirements"). The relevant minimum side yard setback requirement applicable to the subject property is 30 feet under said sections of the Zoning Bylaw. The Petitioner is requesting approval of: (i) a 14.1 foot side yard [ setback where 30 feet is required (for a 15.9 foot variance;ie,a 53% variance) on the E westerly lot line,and (ii) an 11.4 foot side yard setback where 30 feet is required (for an 18.6 foot variance; ie,a 62% variance) on the easterly lot line. Although the scope or extent of the setback variances being requested as set forth above might seem material(ie,in excess of 50% from minimum requirements),at first glance,it should be noted that these calculations do not consider the extent and nature of the preexisting nonconformities.So while the variance from the minimum requirements for the zone may seem significant the extent of the increased nonconformity is far less material. In the case of the westerly lot line it is noted that the preexisting setback is 23.9 feet so that the increased projection into the westerly side yard is in fact only an additional 9.8 feet, and most of which is with respect to a deck and covered porch and does not include living area of the structure. Without considering the uncovered portion of the proposed deck,the setback to the covered porch on the westerly lot line is only being increased by 4.2 feet(from the preexisting 239 feet to 19.7 feet) and only 2.0 feet on the new second story includes interior living area. Likewise, in the case of the easterly lot line it is noted that the preexisting setback is 13.4 feet so that (00114164;v1) 3 Memo to North Andover ZBA Re:234 Dale Street January 17,2018 the increased projection into the easterly side yard is in fact only an additional 2.0 feet. Further, the footprint of the basement and first floor of the structure are not being expanded at all. With respect to any expansion of interior living area of the structure projecting further into the setbacks, there is only a 2.0 foot overhang(new second floor level only) on each side of the structure that will project further into setback area. For these reasons the scope and extent of the variances requested would not appear to be excessive or material in nature. Further,it is noted that the proposed setbacks,with the variances as set forth above,are generally consistent with neighboring residential lots. Existing structures on the neighboring lots presently enjoy a 15 foot setback (in the case of the lot located west of the Property) and a 14 foot setback (in the case of the lot located east of the Property.) In addition,it is noted that the lot is oddly shaped (triangular) and very narrow and small in comparison to other lots in the neighborhood as shown on the assessor map attached at Exhibit C,and the property also includes a steep grade that drops off over the length of the home as can be seen from the elevation plans included with the Proposed Floor Plans. IV. BASIS FOR VARIANCE The Petitioner's proposed variances meet all of the conditions for granting of a E variance,including 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: The lot is oddly shaped (' and very narrow with a steep grade to the rear,such that there are already preexisting nonconforming side yard setbacks and a very narrow building envelope.There are no reasonable areas within which to build or expand which would not encroach into a setback.The conditions related to shape are unique to this property,and do not generally affect the entire R-1 Zoning District. 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 dimensional requirements for the R-1 District of the Zoning Bylaw will involve substantial hardship,financial or otherwise,to the Petitioner. Given the constraints with respect to lot width, topography and building envelope,without the grant of the requested variances the Petitioner would likely be unable to design an economically feasible floor plan to include the necessary bedrooms and bathrooms to accommodate his expanding family and will be required to sell the property and likely move out of North Andover. (00114164;v1} 4 Memo to North Andover ZBA Re;234 Dale Street January 17,2818 3. The relief sought will be desirable and without substantial detriment to the public good without nullifying or substantially derogating from the intent or purpose of the Zoning Bylaw.The proposed addition and renovation of the home will substantially enhance and improve the aesthetics of the property. In all respects,the proposed single family residence will be consistent with other lots in the neighborhood,and therefore will not be a detriment to the public. Moreover, allowing the construction of the proposed residence will not derogate from the intent or purpose of the Zoning Bylaw because it is a permitted use and will allow development that is consistent with and in keeping with other properties in the neighborhood.The use is permitted by right and the structure will become more consistent with the size and appearance of other homes within the neighborhood. 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 variances,and to allow the proposed construction of a an addition to the existing single family residence on the lot. Respectfully submitted, David Cronin By his attorn 6 Brian G.Va n,Esq. SMOLAK&VA GHAN LLP 21 High Street,Suite 301 North Andover,Massachusetts 01845 Tel. (978) 327-5217 I00114164;vi} 5 Memo to North Andover ZBA Re:234 Dale Street January 17,2018 EXHIBIT A 1953 Lot Plan i 1 (00114164;0) 6 d /Ylarrara ,4�v�/e-�orj -Ilk 192 r "' �'•�'jd.30' "''' 4� C � ,0 �lSSD'�f N 191 4. M ASS. A'S ��qO t� �y H N DUANO T S C ,4,L E - �� 40' T�.4LFaa1 13, k31�A�'S1�VR� C. �. Memo to North Andover ZBA Ile:234 Dale Street January 17,2018 EXHIBIT B Tax Assessor Card E 100114164;vl} 7 Residential Property Record Card Parcel ID: 2101064.0-00284000.0 MAP: 064.0 BLOCK: 0028 LOT: 0000.0 Parcel Address: 234DALE STREET FY: 2017 PARCEL INFORMATION Use-Code: 101 Sale Price: 295,000 Book: 107" Road Type: T Inspect Date: 0211312012 Owner. Tax Class: T Sale Date: 05/24/2007 Page: 202 Rd Condition: P Meas Date: 02113121112 CRONIN,DAVID Tot Fin Area: 777 Sale Type: P Ceft/Doc: Traffic: M Entrance- X Address: Tot Land Area: 0.270 Sale Valid: Y Water Collect Id: RRC 234 DALE STREET Sewer. Grantor MALSKYUSA Sewer Inspect Reas: C NORTH ANDOVER MA 01845 Exempt B]L% 010 Resid-1311-% 1001100 Comm-B/L% 0/0 Indust-B11-0/6 010 Open Sp-B/L% 010 RESIDENCE INFORMATION LAND INFORMATION Style: RN Tot Rooms: 6 Main Fn Area: 777 Attic: N NBHD CODE: 6 NBHD CLASS, 6 ZONE: R1 Story Height 1.00 Bedrooms: 2 Up Fn Area: Bsmt Area: 777 Sag Type Code Method Wt Acres lnflu-YIN Value Class Roof. 6 Full Baths: 1 Add Fn Area: Fn Bsmt Area: 500 1 P 101 S 11671 0.270 N 183,058 Ext Wall: AV Half Baths: 0 Unfin Area: Bsmt Grade: VALUATION INFORMATION Masonry Trim: Ext Bath Fix: 0 Tot Fin Area: Foundation-, CN Current Total- 285,700 Bldg: 102,600 Land: 183.100 Mk-tLnd: 183,100 Bath Qua[: M RCNLD: 102574 Kftch Qual: M Eff Yr Built: 1970 Prior Total: 273,1100 Bldg: 91,200 Land: 181,900 MktLnd,- 181,900 Mkt Adj: Heat Type; HW Ext Kitch: Year Built 1950 Sound Value: Fuel Type: 0 Grade: A Cost Bldg: 102,600 Fireplace; Bsmt Gar Cap: Condition: A Aft Str Val 1: Central AC: N Bsmt Gar SF: Pct Complete: Aft Str Va12: Att Gar SF: %Good PIF/E/R: 1100/100f73 Sketch Photo 24 un 37 37 21 234 DALE STREET Memo to North Andover ZBA Re:234 Dale Street January 17,2018 i EXHIBIT C Plan Showing Nearby Assessor Lots i f (00114164;vl) 8 i I Towyn of North Andover, MA January 17, 2018 l llo -_ i i ; u , i l ` � � I ,t u, r� i a I 'a iI I ✓� � 4 , � IIS � � rypIf�II�IIIIIh@ I^ i _. rtt" r y xx V Y y 4 f � �.1ILNt"C� t ^e V u SMC [ X � Y,P'�'"'�`+ ��, ✓w�M1`"'. � -� ^I f 1 , 65 " lv w� A 1 S V w, v y � o � E rt } , ` �eIW��, ,_, '' "a ✓�� ;,; °� ftt�4;J�A w"w mnlwdpt rokn Jl I � Property Information Property ID 064.0-0028•00OIb,D �M1 �1�✓ Locatlon 234 DALE STREET Owner CRONIN,DAVID I'`BIAP FOR REFERENCE ONLY N{JT A LEGAL DOCUMENT Town of North Andover,MA makes no claims and no warranties,expressed or implied,concerning the validity of accuracy of the Gls data presented on thils map,