HomeMy WebLinkAboutVariance- 281 Middlesex 01.2021 - Application - 281 MIDDLESEX STREET 1/14/2021 r
^+��t TOWN OF NORTH ANDOVER VARIANE_ E-!'.
ZONING BOARD OF APPEALS }
J0
1,:i�,, •j :-•� Town Clerk Time Sfanip
NAME: Joseph
Stewart ADDRESS OF APPEAL: 281 Middlesex Street
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty fj0j clays prior to the first public hearing. for a hearing date and prepares the legal notice for mailing to
Failure to submit the required information within the time the parties in interest(abutters)and for publication it)the
periods prescribed may result in a dismissal by the Zoning newspaper. The petitioner is notified that the legal notice has
Board of an application as incomplete. been prepared and the cost of the Party in Interest fee.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Rules and STEP 7: DELIVERY OF LEGAL NOTICE TO
Regulations and is not ineant to supersede them. The NEWSPAPER:
-petitioner will cam lete items that are underlined. The petitioner picks up the legal notice from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STEP 1: ADMINISTRATOR PERMIT DENIAL: local newspaper for pub]ication.
The petitioner applies for a Building Permit afid receives a
Zoning Bylaw Denial form completed by the Building STEP 8: PUBLIC HEARING BEFORE THE ZONING
Commissioner. BOARD OF APPEALS:
The petitioner should appear on his/her behalf,or be
STEP 2: VARIANCE APPLICATION FORM: represented by an agent or attorney. In the absence of any
Petitioner completes an application form to petition the Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance. All information shall be completed. Board shall decide on the matter by using the information it has
received to date.
STEP 3: PLAN PREPARATION:
Petitioner submits all of the required plan information as cited STEP 9:DECISION:
in page 2,section 9 of this forrn. After the hearing and decision,a copy of the Board's decision
will be filed in the Office of the Town Clerk and sent to the
STEP-4: OBTAIN LIST OF PARTIES IN INTEREST: petitioner and all Parties in Interest.Any appeal of the Board's
The Petitioner requests the Assessor's Office to compile a decision may be made pursuant to Massachusetts General Law
certified list of Parties in Interest(abutters). ch.40A,§ 17,within twenty(20)days after the decision is filed
with the Town Cleric,
STEP S: SUBMIT APPLICATION:
Petitioner submits one(1)original and eleven(11)copies of all STEP 10:RECORDING THE DECISION AND THE
required information to the Town Clerk's Office to be certified PLANS,
by the Town Clerk with the time and date of filing. The The petitioner is responsible for recording certification of the
original shall be submitted to the Town Clerk's Office, and the decision,and any accompanying plans at the Essex County,
I I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; I Union Street,Lawrence MA 01840
secretary. and shall complete the Certification of Recording form and
forward itto the Zoning Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Department,
PREPARATION OF LEGAL NOTICE:
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IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev.&Services 978-688-9501 Town Clerk's Office
North Andover Town Hall 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
'fMt'012'f'AIT.: AI'1'L)C'A.I\'7'S 13[JST CCl7PL1 TT ALL 1.TLlil�s C}N TI1.:i FORl1T
PETITIONER INFORMATION
NAME: Joseph Stewart
ADDRESS: 281 Middlesex Street, North Andover, MA
PHONE: 978-239-3014 EMAIL: josephstewartconsulting@gmail.com
If the pelilioner andlor property owner is a comp mV,corporalinfr or other efrlitp,a list of the frames and uddresses of the
principals,officers and/or managers nual be attached to this form.
SUBJECT PROPERTY JNFORMATION
LOCATION OF PROPERTY: 281 Middlesex Street
ZONING DISTRICT: R4 ASSESSORS PROPERTY MAP NO.:009.0-0047-0000
LOT NO.:
OWNER OF RECORD: Joseph Stewart and Francis R. Stewart
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 16192 PAGE 1 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc,):
owner
CURRENT USE: single family residence without a garage
PROPOSED USE: 2-family residence with a garage
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW:YES NOX IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
The property contains a single-family home
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the strueture(s) and/or use(s):
.Np changes to_.tl)e_curr.entstructure on,th.e lot,_theappiicant_intendsto..converl the..single..family_bome.to_a..2_family.b-orne—
Applicant would also planning to construct a garage in the back area of the property to accomodate the 4 spaces required
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petitimi:
Section-8.,.A-&-C.2-._-_
3. State the specific relief being sought from the North Andover Zoning Byla\v. including all ordinance
dimensional requi3-ements and proposed dimensional conditions:
,Driveway wi.dili..required.,f_8Efo.et,-#plus-a_3_f,00t-buffeLor-21-feet,.proposed-l_4.4.at..the_mostnarro-�v por_tion._...-w—x..u.-_:—.._x_._
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
.C.urr_ent Cartillad-PJ.ot,P.Lan,-date.d.Apri1,23,w2020.-.and._pr..op-used_Certified.RlotBan.dated,Januar_y 8_2021,.-both drafted,by,---
John Abagis &Associates, Garage Designs by CWC Design
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
-------------
SUPPORTING STATEMENT
L'AC11 OF FOLL0111NC;REQUIREME>,'TS 1'OR rl 1;-11�1.-I.NCF_ 1IL?ST I3L:13.STil131.IS1IED,iA'D S'!_'7'F'ORTII IN CO.i1PL1:TG DET41L BY
TIILs;IPI'LIC.IA'TfAF,4CCO1?D.'INCL 11'1I1I G.L. C.40A,§10,
1. Describe the special circunistances related to soil conditions, the shape or- the topogi-aphy of the land or
sti-ucture that ai-e unique to the parcel:
.As_a_result_of_the...sh ape-of..the_lot_a.variance_.for_the driveway access_is..necessary.._....__.._____..__
2. Specif.)' ho\'1' the circumstances do not generally affect other- ill-opei-ties hi the zoning distl-ict:
The garage.,will,be.l.ocated n,_tbe_uerysear,.of-the properly.,_No-uariances.--will-be.,Fequired for,the-garage_itself. The..only_,.._n..
variance Necessary is for the driveway to get the garage. The granting of the variance will have no impact on other
-properties in-the zoning tiistric# _____--._.—._.--_��_
3. Explain hoiv the literal enfoi-cement of the NToi-th Andover Zoning Byla)v `Fill i-esult in a substantial
hardship to the ownei-:
.Literal..enforcemetat�o#�the_B.y-Law�vilJNmake.,access..to.the_rear_of�the,.prop.erty impossible.._.,�_�._e_��_�en�..�a�.�_-_. _.�
4. Explain hoiv the proposed variance is the niininiiilli cliange that is necessary to allo)v the reasonable use
of the land oi-sti-uctui•e:
.ln-the_incr..ease„o-fatbe_prop.e.rty_frorri_a,single.family-iiome,to_a.two_family.home_the..applicant_needs.to_increase._the..parking._..
from 2 to 4 spaces
S. Explain why granting the proposed variance will be in hai-moriy rvith the purpose and intent of the
North Andor'ei• Zoning BylaNv:
Page 4 of 7
NORTH_ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
The variance_will_en.tourage_.the_most.appropriate_use_of._tf)e_land,_the_..b.uil.ding of-the_-garage_will.provi de-parking_for_1h.e_.___.
residents and tenants of the building
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
-The re_would_benbe-nO.negative_impaci to_the_neighborhood_as_a.result_of-the_driveway_v%,idth,_vaJan.ce___._.._.._____ .
7A. Difference from Zoning Bylaw regtrirements: Indicate fire dimension(s) that will riot meet current
Zoning Bylaw Requirements. (Litres A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking _
Sc.Ft. Covera-e Feet Spaces Front Side A Side B hear
14,597 16.3 % 30 15 30
_T B. %
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.F1. C)}ten Space Percentage Lot
rontage Parking
Sq.Ft. Coverageeet Spaces Front Side A Side B Rear
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot frontage Parking
Sq.Ft. Covcra e. Peet S paces Front Sicie A Side B Rear
14,597 28.1 % _ 18 10 10
71). Required Lot: (As required by Zoning Bylaw &Table 2)
Minimum Lot Setback
Lot Area Sq,1-1 Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rem-
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground floor Sq. Number of Total Sq, Number
Ft. Floors Height Ft. Uw of Building* of Units"
— *ltefocnees Uses from the Zoning Bylaw&Table 7
Slalc iwmhcr of units in building-,( l_
8B. Proposed Building(s):
Grouted Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Ullits*
L._
Iteii:rences Uses from the Zoning Bylaw&Table 1.
**Slate number of units in building(,,).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signalures ol'Pemimfer(s)are required)
I any (we are) the owner(s) of the property subject to this variance petition and I (Nve) consent and certify as
follows:
1. I (we) grant permission for officials and employees of the Town of North Andover to access nay property
for the purposes of this petition;
2. I (we) certify that I (eve) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my (oul•) petition;
3. 1 (we) certify that all the statements within this application and attachments are true and accurate to the
best of my (Off) knowledge and belief.
x
(Petiti nel Sig,
afore} (Date)
X
(Petitioner Signature) (Date)
If'A.pplicaGle:
Name of Attorney/Agent for Applicam: l
Address of Attorney/Agent:807 Turnpike Street, Unit 202,i rth Andover, MA 01845
Phone Number of Attorney/Agent:978-794-7920
Emad Address of Attorney/Agent: rjbyers@andoverattorneys.com
Page 6 of 7
NORTH ANDOVE.R ZONING BOARD OF APPEALS petition for a VARIANCE
ILL
9. PLAN OF LAND 6. Names addresses and phone
Each application to the Zoning Board of Appeals shall numbers of the applicant;owner or
Lie accompanied by the following described plan. record,and land surveyor.
Plans must be submitted with this application to the 7, Locus
Town Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9. D. Minor Project
Zoning Board of Appeals. 1IN9 i€tor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required when the application further information may be required,
involves new cons€ructianlcanversian/andlor a
proposed change.in use. 1.0. APPLICATION FILING FEES
10.A. Notification fees: Applicant shall provide
9. A. Ma jor Projects a check or money order to:'1-own of North
Major-projects are those,which involve one of the Andover"for the cost of first class,certified,
following whether existing or proposed: return receipt x#of all parties in interest
I). live(5)or more parking spaces, identified in M.G.L ch.40A §I I on abutters fist
1.1). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
Ili).2,000 square feet of building ai ea. shall supply first class postage stamps for each
Major Projects shall require,that in addition to the 9B address listed on the abutter's list,plus an
&9C feature, that the plans show detailed utilities, additional two(2)for the decision mailing.
SON,and topographic information. 10.B. Availing labels: Applicant shall provide
'9. B. Platt Specifications: four 94)sets of mailing labels no larger than
I). Size of plan: Ten (10)paper copies of 1"x2-5/$"(Three(3)copies for the Legal, and
a plan not to exceed I 1"x17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
11). Plan shali be prepared,stamped and 10. C, Applicant shall provide a check or
certified by a Registered Professional money order to:"Town of North Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer,
Registered Architect,and/or a 0- A 'Variance once granted by the ZBA will
Registered Landscape Architect may lapse it one(1)year if not exercised and a new
be required for Major Projects. petition must be submitted
`9. C. 'Required Features On Plan,
I). Site Orientation shall include:
I. North point
2. Zoning district(s)
3. Names of streets
4. Mletlands(if applicable)
5. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
11). Legend& Graphic Aids shall
include:
I. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. Graphic scales
4. Date of Plan
5. Title of Plan
Page 7 of 7