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Home My WebLink About- Application - 102 SUGARCANE LANE 11/5/2018 NORTH ANDOVER ZONING BOARD OF APPEALS APPLICATION FOR A VARIANCE 102 Sugarcane Lane (CONT'D) 9. WRITTEN DOCUMENTATION A. The proposes{ use for the structure is a storage shed. It will house bicycles, lawnmowers, snow blower,gardening tools, patio furniture, lawn furniture, personal property and pool equipment. The existing shed is too small and in need of repair. There are holes in the wood causing water to get inside and ruining our property. The floor bows and buckles in spots when you walk on it creating a safety hazard. B. The lot is a nonrectangular(trapezoidal) shaped piece of property with frontage on Sugarcane Lane surrounded by Town Property and Significant Wetlands. From Sugarcane Lane the grade of the lot slopes down then flattens out towards the house. The rear of the lot borders land owned by the Town of North Andover. This land consists of woods and wetlands. The right side of the lot borders land now or formerly of Madigan. This land also consists of woods and wetlands. On the right side, the grade slopes downward and runs into the wetlands. The left side of the lot borders land owned by the Town of North Andover. This land consists of woods and wetlands. However, this area is relatively flat before ultimately running into the wetlands. Because of the shape of the yard and the significant surrounding wetlands, the left side is the best proposed location for the shed. C. Literal enforcement of the applicable zoning restrictions results in the following substantial hardships: (1) Locating the shed within the 30' left side and 30' rear setback rests it in the center of the backyard very close to and bordering the existing septic system and leach field. Its weight could damage the system and result in significant costly repairs. Also this location would be prohibited per Department of Public Health. And even if it were allowed, notwithstanding the above damage it could cause, it would need to be moved in the event the septic system or leach field needed to be repaired thus resulting in additional costly expenses; (2) Locating the shed within the 30' left side and 30' rear setback would also disrupt the continuity of the backyard and take away from the general attractiveness of the existing, maintained lawn. Decreasing the size of the backyard would also decrease the market value of the house. Decreasing the market value of the house would adversely impact the neighborhood. However, locating the shed within the setbacks as proposed along the edge of the property line provides adequate room to use the existing backyard and maintain its aesthetic appeal; (3) Locating the shed within the 30' right side setback would be impractical as well as cause substantial financial hardship because of the shape of the lot and the pre- existing structures on the property. This area of the backyard is taken up by a pre- 1 existing in-ground swimming pool surrounded by a metal fence. The grade of the land slopes down past the fence into the wetlands. The only option would be to clear away a section of woods (situated in the wetlands) which would involve tree and stump removal, building up the grade of the land, stabilizing the ground and re- routing a portion of the fence. The cost of doing this far exceeds the cost of the proposed shed, D. The relief sought will be without substantial detriment to the public good for the following reasons: (1) There are no neighboring houses near the proposed site. Just woods. There will be no impact to the neighbors as well as no encroachment or boundary line disputes with them. (2) The shed would be located outside the 50' no build buffer zone established by Conservation Department and have no impact on the bordering wetlands. No trees or shrubs need to be cut or removed to accommodate the location. The existing trees and shrubs will not be disturbed. (3) There will be no issues concerning vision as the location is behind the house. Also no issues with obstructing light or air as the structure is substantially smaller than the surrounding trees in the area, (4) No privacy concerns as existing woods will remain unchanged. E. The relief sought maybe given without nullifying or substantially derogating from the intent or purposes of the Ordinance because: (1) The location would limit the perception of increased density in the backyard by maintaining as open an area as possible. Thus helping to prevent overcrowding of the land. (2) There would be no interference with neighbor's views. (3) There would be no effect on adequate light and air for reasons mentioned above. (4) The location would not alter the essential character of the otherwise already existing residential backyard. (S) Section 195-4.2 (R) allows accessory buildings to have a minimum five-foot setback from the side and rear lot lines without nullifying or substantially derogating from the intent or purposes of the Ordinance. { 2 Record #38686 - ViewPoint Cloud Page I of 4 *Building Permit 38686 Your Submission Attachments G Building Department Review Fire Department Review 0 Treasurer Review 0 Conservation Review 49 Planning Review 49 Health Review & DPW Engineering Review & DPW Operations Review 0 Building Inspector Approval Additions/Alterations/Remodeling Building Permit Fees Building Permit Issued Your submission Submitted Sep 18, 2018 at 5:26prn Contact Information Mark DiFonte Email address mark@difpanalaw.com https:Hnorthandoverma.viewpointeloud.com/track/38686/submission 10/30/2018 Record #38686 - ViewPoint Cloud Page 2 of 4 Phone Number 9787583758 Mailing Address 102 Sugarcane Lane , North Andover, MA 01845 i Location 102 SUGARCANE LANE NORTH ANDOVER, MA 01845 i�1sUZL•r.0 oopensveeunaa Application Submission Are you submitting this application as the Homeowner? YES Applicant Phone Number 9787583758 Applicant Mailing Address 102 Sugarcane Lane North Andover MA 01845 Will you (the Homeowner) serving as General Contractor be doing all work yourself or will you be hiring contractors to conduct all work on property? Hiring contractors to conduct all work Workers' Compensation Insurance Affidavit: I am a homeowner and will be hiring contractors to conduct all work on my property. I will ensure that all contractors either have workers' compensation insurance or are sole proprietors with no employees. https://noilhandovernia.viewpointcloud,coni/track/38686/submission 10/30/2018 Record 438686 - ViewPoint Cloud Page 3 of 4 This field is required I do hereby certify under the pains and penalties of perjury that the information provided above is true and correct. Project Information Type of Project Construction of Addition, Alteration, and Remodeling Type of Improvement Repair, Replacement Proposed Residential Use One-Two Family Description of Work to be Performed Remove existing utility 8x8 utility shed and install a new 12x16 utility shed Is property on Town water Yes Is property on Town sewer No Project Cost (if new construction base on $125 per square foot and if addition/alteration/renovation base on actual contract price) 9500 Does this project require a temporary construction dumpster? No Does this project require a temporary construction trailer? NO Does this project require a temporary construction sign? https://northandoverma.viewpointcloud.com/track/38686/submission 10/30/2018 Record 438686 - ViewPoint Cloud Page 4 of 4 NO Danger Zone Literature (MGL CHapter 166 Section 21A-F and G min. $100-$1,000 fine) Homeowner License Exemption Homeowner Name Mark P. DiFonte Present Mailing Address 102 Sugarcane Lane North Andover MA Phone Number 9787583758 I certify, as homeowner, under the pains and penalties of perjury, that the information on this application is true and complete. undefined https://northandoverma.viewpointcloud.coi,n/track/38686/submission 10/30/2018