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HomeMy WebLinkAbout- Application - 247 CHICKERING ROAD 3/14/2019 (3) R E C E I VED TOWN OF NORTH ANDOVER VARIANCE4 AM 10. 56 ZONING BOARD OF APPEALS NAME:Enterprise Bank and Trust Company n, ADDRESS OF APPEAL:247 Chickering Rd n kilme stamp Procedure & Requirements for an Application for aVariance Twelve (12) copies of the following information must be STEP 6:SCHEDULING OF HEARING AND submitted thirty @J0 days prior to the first public hearing. PREPARATION OF LEGAL NOTICE: Failure to submit the required Information within the The Office of the Zoning Board of Appeals schedules time periods prescribed may result in a dismissal by th6 the applicant for a hearing date and prepares the legal Zoning Board of an application as incomplete notice for mailing to the parties in interest (abutters)and The information herein is an abstract of more for publication in the newspaper. The petitioner is specific requirements listed in the Zoning Board notified that the legal notice has been prepared and the Rules and Regulations and is not meant to cost of the Party in Interest fee. supersede them. The petitioner will complete items STEP 7: DELIVERY OF LEGAL NOTICE TO Ithat are underlined DIEWSPAPER The petitioner picks up the legal notice from the Office STEP 1: ADMINISTRATOR PERMIT DENIAL, of the Zoning Board of Appeals and delivers the legal The petitioner applies for a Building Permit and notice to the local newspaper for publication. receivers a Zoning Bylaw Denial form completed by the Building Commissioner. STEP 8: PUBLIC HEARING BEFORE THE ZONING BOARD OF APPEALS: STEP 2. VARIANCE APPLICATION FORM: The petitioner should appear in his/her behalf, or be Petitioner completes an application form to petition the represented by an agent or attorney. In the absence of Board of Appeals for a Variance. All information as any appearance without due cause on behalf of the required in items I through and Including 11 shall be petition,the Board shall decide on the matter by using completed, the information it has received to date. STEP 3: PLAN PREPARATION- STEP 9., DECISION: Petitioner submits all of the required plan information as After the hearing, a copy of the Board's decision will be cited in page 4, section 10 of this form. sent to all Parties in Interest. Any appeal of the Board's decision may be made pursuant to Massachusetts STEP 4: OBTAIN LIST OF PARTIES IN INTEREST: General Law ch.40A§17,within twenty(20)days after The petitioner requests the Agsessor's Office to compile the decision is filed with the Town Clerk. a certified list of Parties in Interest (abutters). STEP 10: RECORDING THE DECISION AND PLANS, STEP 6: SUBMIT APPLICATION: The petitioner Is responsible for recording cettification of Petitioner submits one (1)original and eleven (11)Xerox the decision, the Mylar,and any accompanying plans at copies of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354 Office to be certified by the Town Clerk with the time Merrimack St. Suite#304, Lawrence MA, 01843 and and date of filing. The original will be left at the Town shall complete the Certification of Recording form and Clerk's Offic�, and the 11 Xerox copies will be left with forward it to the Zoning Board of Appeals and to the the Zoning Board,of Appeals secretary. Building Department. IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev. &Services North Andover Town Hall 1600 Osgood St., Bldg.20,Suite 2035 1120 Main Street North Andover, MA 01845 978-688-9501 Town Clerk's Office 978-688-9542 fax for Community Development offices 978-688-9566 Assessors Office 978-688-9545 Building Department 978-688-9541 Zoning Board of Appeals Office PAGE 1 of 4 PAGE 2 OF 4 NORTH ANDOVER ZONING BOARD OF APPEALS application for a VARIAN C F e 1. Petitioner: *Name, *Address and telephone number: Enterprise Bank and Trust Company, 222 Merrimack Street, Lowell, MA 01852 (978)656-5549 `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: JKEReallyCabot Road Woburn MA 01801 Years Owned Land:.12 3. Location of Property: a. Street: 247 Chickering Road Zoning District: GB b. Assessors: Map number: 46 Lot Number: 4 c. Registry of Deeds: Book Number: 10665 Page Number: 147 4. Zoning Bylaw Section(s)* under which the petition for the Variance is made. 195-7.3 Yards (Setbacks), rear and side• 195-7.3 table 2 landsca a setback side and rear § 195-7.1 Lot Area *Refer to the Zoning Bylaw Denial and Flan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: Please see attached addendum for additional explanation. The above description shall he 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 nol 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. % B. % Page 3 of 4 r r e NORTH ANDOVER ZONING BOARD OF APPEALS application for a V ARIAN C E 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 24,952 233 57 39 9 'no buffer 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 24,952 25.9 35' incl 6'buffer 47' & incl 6' buffer 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 25,000 40'incl 15 'buffer 50'incl 15 Bf 7A. Existing Building(s)- Ground Floor Number of . Height Total Use of Number Square feet Floors Sq.feet Building" of Units'`* "Reference Uses from the Zoning Bylaw&Table 1. **State number of units in buildings}. 71B. Proposed Building(s): Ground Floor Number'of Height Total Use of Number Square feet Floors Sq.feet Building* of Units*" *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in buiiding(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 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 ineom ete. Si natUre: Enterprise Bank and Trust Company Type above narne(s) here:Luke Bouchard , t1 PAGE 4 OF 4 VARIANCE 9. WRITTEN DOCUMENTATION *10. D. *Plan Specifications: Application for a Variance must be supported by a 11) Size of plan: Ten(10)paper copies of a plan not legibly written or typed memorandum setting forth in to exceed 11"x17", preferred scale of 1"c40' detail all facts relied upon. When requesting a Variance 11) One(1)Mylar,with one Mock for Registry Use from the requirements of MGLA ch.40A, Sec. 10.4 and Only, and one block for five(5)ZBA signatures&date., the North Andover Zoning By-laws, all dimensional III) Plan shall be prepared, stamped and certified by requirements shall be clearly identified and factually a Registered Professional Land Surveyor. Please supported.. All points,A-F,are required to be note that plans by a Registered Professional Engineer, addressed with this application. Registered Architect, and/or a Registered Landscape Architect may be required for Major Projects. A. The particular use proposed for the land or *10 C. `Required Features On Plan; structure. 1) Site Orientation shall include: B. The circumstances relating to soil conditions, shape 1. north point or topography of such land or structures especially 2. zoning district(s) affecting the property for which the Varianca is 3, names of streets sought which do not affect generally the zoning 4. wetlands(if applicable) district In which the property is located. 5. abutters of property,within 300'radiu$ C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties, financial or otherwise,which results from literal within 50'from applicants proposed structure enforcement of the applicable zoning restrictions 7. deed restrictions,easements. with respect to the land or building for which the II) Legend&Graphic Aids shall include: variance is sought, 4. Proposed features in solid lines& outlined in red D. Facts relied upon to support a finding that relief 2. Existing features to be removed in dashed lines sought will be desirable and without substantial 3. Graphic Scales detriment to the public good. 4. Date of Plan E. Facts relied upon to support a finding that relief 5. Title of Plan sought may be given without nullifying or 6. Names addresses and phone numbers of the substantially derogating from the Intent or purpose applicant, owner or record, and land surveyor of the Ordinance. 7. Locus F. Submit RDA from Conservation Commission when 10 D. Minor Projects Continuous Buildable Area Is applied for in ZBA Minor projects,such as decks, sheds, and garages, application. shall require only the plan information as indicated with an. asterisk(*). In some cases further Information may 10. PLAN OF LAND be required. Each application to the Zoning Board of Appeals shall 11. APPLICATION FILING FEES be accompanied by the following described plan. Plans must be submitted with this application to the Town 11.A. Notification fees: Applicant shall provide a Cleric's Office and ZBA secretary at least thirty(30)days check or money order to: "Town of North Andover'for prior to the public hearing before the Zoning Board of the cost of first class, certified, return receipt x#of appeals, all parties in interest identified in MGLA ch, 40A§11 on the abutter's list for the legal notice check. Also, A set of building elevation plans by a Registered the applicant shall supply first class postage stamps Architect may be required when the application for each address listed on the abutter's list, plus an Involves new construction/conversion/and/or a additional 2 for the decision making. proposed change in use. 11.B. Mailing labels:Applicant shall provide four(4) sets of mailing labels no larger than 1"x2-5/8" (3 copies 10. A. Major Projects for the Legal, and one copy for the Decision mailing) Major projects are those,which involve one of the 11, G. Applicant shall provide a check or money order following whether existing or proposed: to: "Town of North Andover"per 2005 Revised Fee I)five (5) or more parking spaces, Schedule. II)three(3)or more dwellitig units, ` A Variance once granted by the ZBA will lapse 16 III)2,000 square feet of building area. 1 (one)year if not exercised and a new petition must Major Projects shall require,that in addition to the 1013& be submitted./ 10C features,that the plans show detailed utilities, soils, and topographic information. r ADDENDUM TO VARIANCE APPLICATION ENTERPRISE BANK AND TRUST COMPANY 247 CHICKERING ROAD, NORTH ANDOVER Enterprise Bank and Trust Company ("Enterprise Bank") intends to use the property at 247 Chickering Road, North Andover ("Property") as a bank branch with drive-through. The following variances are requested: A variance from § 195-7.3 and table 2 (rear setback) to allow the building to be within 47 feet of the rear lot line- where 50 is required (25-foot setback and 15 foot pursuant to Table 2 footnote 2); A variance from § 195-7.3 and table 2 (side setback) to allow the building to be 35 feet from the northerly side lot line -where 40 feet is required- (25-foot rear setback and 15 feet pursuant to table 2, footnote 2)- this is the lot line with the abutting 99 restaurant. A variance from § 195-7.3 and table 2 to allow a 6-foot landscape setback on the north side and a 6-foot landscape setback in the rear where 15 feet is required. A variance from § 195-7.1 - lot area - where the lot contains 24,952 sq. feet where 25,000 sq. feet are required. A. The property has been used as an Animal Hospital for decades and has been granted a number of variances over the years to permit the Animal Hospital use to expand, including into the required setbacks. Currently almost the entire property is paved, and the existing structure does not meet the required setbacks. The Property is surrounded on the north and east sides by the parcel currently used for a 99 Restaurant, and the southerly side is an open space parcel that is part of a nearby condominium development. The Property is zoned GB, but the surrounding properties are zoned R3 (notwithstanding that the 99 Restaurant abuts the Property; the 99 Restaurant property was previously rezoned to B2 before being zoned back to R3). Therefore, in addition to the required 25' side setbacks and 35' rear setbacks, an additional 15' landscape setback to table 2, par 2 is required from the abutting residentially-zoned parcels. B. Variances are sought from the lot area requirement and for the reduced no- disturb setback. The lot area deficiency has existed for decades and is a de minimis deviation from the required 25,000 square feet; the lot has 24,952 square feet. The parcel is the only GB zoned lot in the area and is surrounded on three sides by residentially-zoned properties (the fourth side is the street). However, one of the abutting residentially-zoned properties is occupied by a commercial use (the 99 Restaurant) and is totally paved. This is different from other GB parcels which abut residential uses. C. Due to the relatively small size of the Property, imposition of the additional 15' landscape setback area in table 2, footnote 2 along the northerly and easterly bounds of the property significantly reduces the amount of space available for use, which creates a financial hardship for the applicant. The proposed use meets and exceeds the other setback requirements; relief is only sought from the 15' landscape setback. Additionally, it is not possible to add any area to the Property to assure compliance with the minimum lot; the abutting properties are developed and cannot be purchased. D. The Applicant's plan for the Property includes more green space and buffer that does not currently exist. The Applicant's site work will improve drainage on the property, and the amount of paving will be significantly reduced. There will be no impact on the abutting properties from the proposed development; any impact will be reduced by moving the structure on the Property further away from the abutting properties and providing screening and green space. There will be less traffic at the bank than the current use as an animal hospital. Variances have previously been granted for the Property allowing a more intensive and disruptive use than the one the Applicant proposes (and which is allowed by right). E. The variance for lot area would simply recognize the slightly-deficient existing lot which has been in the identical configuration for decades with no adverse effect on the area. The creation of a no-disturb buffer, even if allowed at a less- than-required width by the requested variance, is an improvement over the existing conditions of pavement over the entire lot. Moreover, the intent of the additional landscape setback is clearly to provide a buffer between GB uses and residential uses, but such a buffer is not necessary between two commercial uses, such as the 99 Restaurant and the proposed use, notwithstanding that the 99 Restaurant property is zoned residential. On the one bound which does abut a residential use (the south), a full 15' no-disturb buffer will be provided.