HomeMy WebLinkAboutVariance Application Time Stamped - 30 Union St - Application - 30 UNION STREET 5/4/2020 'TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
qp'1,K An and Hotly Breen ,
OI~APPEAL:30 Union Street, North Andover, MA Toam !ime staW. l
r'00edure & Requirements
for an A
pplication for a.Variance y�
Tweive(12)Copies of the,Following Information must be STEP 6:SCHEDULING OF HEARING AND-P
subrnrt#ed thirty C0 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 the the applicant for aF hearing date and prepares the legal
7-12n!ng Board of an a lication as Incomplete, notice for mailing to the parties In Interest(abutters)and
The information herein is an abstract of more for publication to the newspaper. The petitioner is
spec
ific requirements listed in the Zoning Board notified that the legal notice has been prepared and the eRules and Regulations and is not meant to cast of the Party in interest fee.
supersede them. The_P"tioner will corrwlete items STEP?- DELI1lERY OF LEGAL NOTICE TO
'that are underlined NEWSPAPER
The petitioner picks up the legal notice from the Office
STEP is ADMimsTRATOR 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:
STEIP 2• VARIANCE APPLICATION FORM: The petitioner should appear in histher behalf, or be
Petitioner completes an application farm to petition the represented by an agent or attorney. In the absence of
Board of Appeals for a Variance. All irrk mation as any appearance without due cause on behalf of the
required in items 1 through and induding 11 shall be petition,the Board shall deride on the matter by using
completed. the information it has received to date.
;STEPP S: PLAN PREPARATION: STEP 8: 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 Assessor's Offtce to compile the decision Is filed with the Town Cleric.
a certified list of Parties In Interest(abutters). SAP : RECORDING THE DECISION AND PLANS
STEP S: SUBMIT APPLICATION: The petitioner is responsible for recording certification of
Petitioner submits one(1)original and eleven (11)Xerox the decision,the Mylar,and any accompanying plans at
comes of all the required information to the Town Clerk's the Essex County, North Registry of Deeds, 354
Office to be certified by Me 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 Office,and the 11 Xerox copies rn'0 be Ion with forward it to the Zoning Board of Appeals and to the
the Zoning Board of Appeals secretary. Building Department.
7
IPORTANT PHONE NUMBERS:
378-6884*W Mice of Community Dev.R Services North mover Town Hall
1600 Osgood St., Bldg.20,Suite 2035 120 Main Street
North Andover.MA 01845 978-688-9501 Town Clerk's Office
178488-e%2 fax for Community Development offices 9784MM-95M Assessor's Office
i78-6f38-91 W BWkgng Department
178-888-9541 Zoning Board of Appeals Office PAGE 1 of 4
"N"rz 2
4
KTH ANppvER for a VARIAN C E
ZONING BOARD OF APPEALS application
1, p
Kevin® boner: *Name, '"Address and telephone number:
and Holly Breen
30 Uni%d�verWA
Street
North 01845:avin 77427.0-1271 Haliy617-957-2717
hp+� o shall be entern the legal notice and the dec slon as entered above.
2, Owners of Land: Name, Address, telephone number, and number of years under this
ownership:
Kevin and Holly Breen, 30 Union Street, North Andover, MA 01845
Kevin 774-270-1271 Holly 617-957-2717
Years Owned Land:.owenership since April 30, 2004 16 years
3. Location of Property:
a. Street: Union Street Zoning District: Residential 4
b. Assessors: Map number: 14 Lot Number: 36
c. Registry of Deeds: Book Number: 8745 Page Number: 320
4, Zoning Bylaw Section(s)* under which the petition for the Variance is made.
Zoning Bylaw Section 195-7.3 Yard Setbacks
*Refer to the Zoning Bylaw Denial and Plan Review Narrative t,,brm.as supplied by the Building Commissioner.
5. Describe the Variance request:
Left side setback/15 foot side set back required 4.3 feet is proposed needed 11.7
The move descrlptton shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to 1
Zoning Board Rules and Regulations as cited on page 4,section 9 of this application.Failure by the applicant to describe the request clew
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 vriil
not Involve additional Items not Wuded above.
6 A. Difference from Zoning Bylaw requirements: Indicate the ditnension(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 Ri
A. % 11.7 NIA
3.
P e3Of4
bQV
ER ZONING BOARD OF APPEALS application for a VARIAN C E
Ex
Lot Area optin8 Lot:
-4 Ft' Sq. FL�� Perce Coverage Frontage Parking IMlnimum Lot Setback
10.601 $Paces Front Side A Side B Rear
�'r"`_ `�------- 9% �75.73 N/A 21.3 4.3
116.3
S �+r�oPosed Logo: �
q, Ft q.npen Space Percent Lot Frontage Parking
Coverage Feet Minimum Lot Setback
10---6r01 Spaces Front SideA Side Rear
------ 2 °�"r A 76.73 N/A
iQ4 21.3 4.3OL 116.3
--____
6 D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot-Area open woe Percent Lot
Sq. Ft, Sq. FL FrontageParking
Coverage Feet Spaces Minimum Lot Setback
12.5 _ Front Side A Side B Rear
N/--A-____ 30 N/A 30 15 15
30
7A- Existing Building(s):
Ground Floor Number of Height Total Square feet Floors Use of
Sq.feet Building* Number
7 �t 2 23.6 of Units**
porrchch 1274 Single Family Residential
820 with _
*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
Square feet Floors Use of
Sq.feet Building* Number
1325 1 23.6 of Units"
1855 Single Family Residential
1
--------------
"Reference Uses from the Zoning Bylaw&Table 1.
"State number of units in buiiding(s),
$' Petitioner and Landowner signature(s):
C-very application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals.
appfic ation shall be filed with the Town Clerk's Office. It shall be the responsibility of the Every
docurnenfallon with this application The dated copy of this a petitioner to fumish all supporting
not es the applicant from this res ppllcation received by the Town Clerk o the Zoning Board or of Appeals ndowon. Faffure to cam t possibility, The Perernerris titioner died h
er shall be responsible for all expenses for Zoffllning
and t
result in a dismissal by th Zoning Board of this aapon plicaation as Incomplete.e n and In the Zoning Board Rules and Regulations may
mature.
Tp above name s�here:Kevin M Breen
"' Holl L Sreen
$AGE "Or 4
VARIANCE
ApplicgEN OCCUMENTATION *10. B.*Plan Specifications:
�%,,,� 8 Variance must be supported by a �) Size of plan: Ten(10)paper copies of a plan not
8il the a�or 4W memagrandum setting forth in to mweeed i nd r,we%ff d scale of raw
�j r'�re lied upon-ents ofn-W ;uesf�a VOarrinc 11) One(1)Mylar,with one block for Registry Use
North Andover
a°►. Only,and one block for five(�zBA signatures&date.
require ehaO ZONE BY-Mm,all dimensional M Plan shall be prepared,stamped and certified by
support . An dearly Identified and factually a Regh terod Professional Land Surveyor. Please
adds' A •A-F,and required to be note that plans by a Registered Professional Engineer,
thls plleation. Registered Architect and/or a Registered Landscape
Architect
A. m�ular use proposed for the land or 10 C may be required for Major Projects.
Required Features On Pion;
g, �lte 1) Site Orientation shall Include:
sting to soil conditions,shape 1. north point
or tgpognlft of such land or structures especially 2. zoning district(s)
a"ng the property for which the Variance Is 3, names of streets
sought which do not affect generally the zoning 4. wetlands(if applicable)
district in which the property is located. S. abutters of property,within 300'radius
C. Facts which make up the substantial hardship, 6. locations of buildings on adjacent properties
financial or Otherwise,which reedits from literal within 50'from applicants proposed structure
enf umnent of the applicable zoning restrictions 7. deed-restrictions,easements.
with respect to the land or building for which the n) Legend&Graphic Aids shalt Include:
Variance is sought 1. Proposed features in solid Ones&outlined in red
D. Facts mailed 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
clMmerit to the puW good. 4. Date of Plan
E. Faces relied upon to support a finding that relief 5. Title of Plan
sought may be given without nullifying or e. Names addresses and phone numbers of the
st"Writially derogating from the intent or purpose appiioaK 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 MA Minor prb;ects,such as decks,sheds,and garages,
application• shall require only the plan information as indicarted with
an.asterisk C). In some cases further Information may
10. PLAN OF LAND be required.
Each won to the Zones Board of Appeals shall
be accompanied by the following described plan. Plans 11. APPUCATION RUNG FEES
must be submitted with Mb application to the Town 11.A. Notification fees:Applicant shall provide a
Clerk's Office and ZEAA wry at leest thirty(30)days check or money order to:"Town of North Andover"for
prior to the pulft 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 sort of brtdklhV elevation plans by a Reglshred the applicant shall supply first Class postage stamps
Arches may be required when the Wplication for each address listed on the abutter's list, plus an
Involves new on/andlor a additional 2 for the decision mailing.
proper cheap In us& 11.B. Mailing labels:Applicant shall provide four(4)
sets of mailing labels no largerthan 1'kt-5/8'(3 copies
10, A Mauer Proms for the Legal,and one copy for the Decision mailing).
Major'projecb ars dKW,which Involve one of the 11.C. Applicant shall provide a check or money order
fallowing whetlteu'Wileft or proposed. to:'Town of North Andover per 2005 Revised Fee
1)five(5)or more parking opaoes, Schedule.
IQ gum(3)or more dwelling units, r A Variance once granted by the ZBA will lapse in
M)2,000 square feet of building area. 1 (mm)year.If not exercised and a new petition must
Mal"Pf*ds ShAll rrergyuire,that In addition to the 108 S be submittetd.4
10+G features,es,fhb the plans show detailed utilities, soils,
and topographic information.
TOWN OF NORTH ANDOVER
Application Supplement
(Variance)
ZONING BOARD OF APPEALS
Item No. 9
9- WRITTEN DOCUMENTATION
Application must be supported by a legibly written or typed memorandum setting forth in detail all facts relied upon.
All points below,A-F,are required to be addressed with an application.
A• The particular use proposed for the land or structure.
The proposed structure is an addition to an existing residence, and will remain as a residential use.
B. The circumstances relating to soil conditions,shape,or topography of such land or structures especially affecting the
property for which the Application is made which do not affect generally the zoning district in which the Property is
located.
The combined existing conditions of the angled configuration of the plot of land, and how the existing
structures of house and garage are located on that lot provide for a unique circumstance which does not
generally affect the zoning district in which the pro °- y is located. The house is set at an angle to the
western lot line, and the detached garage is set bav-,:x ! parallel to the western lot line making the two
structures angled to one another. This further comp!ica es: potential addition locations to maintain access
to the existing garage.
C. Facts which make up the substantial hardship,financial or otherwise,which results from literal enforcement of the
applicable zoning restrictions with respect to the land or building for which the Variance is sought.
The hardship of this project is the combined existing conditions of the angled configuration of the plot of
land, and how the existing structures are located on that lot. Due to these two constraints, there are very
limited possibilities for where an addition could be located on the property without encroaching on the
existing eastern side setback as proposed. If we were to build out the western side of the house, we would
eliminate access to the garage. If we were to build out the rear right hand side of house, we would again
block proper access to the existing garage structure and physically engage the garage further complicating
issues like access to the private backyard.
TOWN OF NORTH ANDOVER
Application Supplement
(Variance)
Rom Na.9 ZONING BOARD OF APPEALS
Facts relied upon to support a finding that relief sought will be desirable and without substantial detriment to the public
good.
As You will note on the existing plot plan,the eastern edge of the as-built house is already located
within the setback. The proposed addition location will not intrude any further into the existing
setback then currently exists. We will maintain the as-built separation from edge of house to
Property line, by extending the addition along that existing exterior wall location towards the
backyard(See proposed plot plan.)
2. When viewed from the street, the new addition will maintain a one story expression that the
current existing structure does in that area.
E. Facts relied upon to support a finding that relief sought may be given without nullifying or substantially derogating from
the intent or purpose of the Ordinance.
The relief sought may be given without substantially derogating from the intent or purpose of the
Ordinance as we are respecting an existing condition that already exists with the eastern edge of the
as-built house located within the setback. We will not intrude any closer to the property line than
already exists, so will not be deviating further from the Ordinance.
F. Submit RDA from Conservation Commission when Continuous Buildable Area is applied for in ZBA application.
N/A