HomeMy WebLinkAboutVariance Application - 281 Middlesex St. 10.15.2020 - Application - 281 MIDDLESEX STREET 10/15/2020 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS Ri C
Town ClerlcTinic Stamp
NAME:Jose h,Stewart �,,,, „r
ADDRESS OF APPEAL: 281 Middlesex Street F.
Procedure & Requirements
for an Application foP a Variance
Twelve(12)copies of the following information must be The Office of Zoning Board-of Appeals schedules an applicant
submitted thirty 30 days prior to the first public hearing. for a hearitg 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 in 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 meant to supersede,them. The NEWSPAPER:
etitioner will complete 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 publication.
The petitioner applies for a Building Permit-'and receives a
Zoning Bylaw Denial form completed by the Buildng 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 petitionjthe Board appearance without due cause on behalf of the petition,the
of Appeals for a Variance. All informations shall be',completecl, 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 infonnation as cited STET'9:DECISION:
impage 2,section 9 of this form. After the hearing and decision,a copy of the Board's decision
will be fried 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 Pctitioner requests the Assessor's'Offlce to compile a decision may be trade pursuant to Massachusetts General Law
cetlified list of Parties in Interest(abutters), ch.40A, § 17, within twenty(20)days after the decision is filed
with the Town Clerk:
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(1)4riguial and,elcvQn(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,
11 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 it to the Zoning Board of Appeals and to the Building
STEP 6:SCHEDULING OI'HE, AND Department,
PREPARATION OF LEGAL NOTICE:
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev. &Set-vices 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 Departtent
978-688-9541 Zoning Board of Appeals (Office
NORTH AN DOVE R ZONING BOARD OF APPEALS petition for a VARIANCE
I1�. 'OItT I`�IT; APPLICANT' Ii [�S'I COA I'LI?'I-E ALL ITI?,A SON TI.I15 FQ121l
PETITIONER INFORMATION
NAME: Joseph Stewart
ADDRESS: 281 Middlesex Street, North Andover, MA
PHONE: 978-239-3014 EMAIL: josephstewartconsulting@gmail.com
If the petitioner and/orproperly owner is a compan.P,corporation or other entity,a list of the names mod addresses of the
principals,officers(wel/or memag,ers mast be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 281 Middlesex Street
ZONING DISTRICT: R4 ASSESSORS PROPERTY ASAP 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, abuater, etc.):
owner
CURRENT USE: single family residence without a garage
PROPOSED USE: 3-family residence with a garage
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO)DATE:
OTHER REGULATORY REVIEW: YES—NO IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION-
-Tt�e...�r�p�rty-contains a Single�,alrily hie .. ��.�
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed Changes to the strrreture(s) and/or use(s):
_No changes to_tlie.curreot_sir_ucture on..theJot,th.e_appiicantintendsJo..convert.the__single_famil.y-home to..a_3_.family.home.___
Applicant would also like to construct a garage in the back area of the property. The Variance requested only pertains to
•the-new-garage
2, State all sections of the North Andover Zoning BylaNv implicated in this variance petition:
3. State the specific relief being sought from the Noi-tb Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
.,1=-ront_set,back-18'r_egoir_e.d-a0'V.arlance-ofai2a._needed.�.�
Left side setback t 0'required t 5'Variance of 5' needed.
-Rear,•setback-l0'-required--30'-Variance-of 20'.needed—_.--,-.--_,-..__ -,--- —.,-__z,._--_—.:.._----u ---,-,--------.,-..-.--I
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Certified..B,lotPianrdrattedbyJohn-Abagis._&-Associates,_dated.Ju1y24,202.0.Garage.Designs.by
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATENIENT
-ACII OF)-OLLOJJztjNIG REOIIIRG,11Ln'TS l'OI?A JIARI,4jr\CL 11i UST BI L,", %I BLISHLD ANII SGT I-ORTLI I;\'COitIYLET'E UI'7;11L BY
THEAPPLIC�4!1'7'IAIACCORD,-4A'CE 11I7'11 G.L. C. 4",§/A
1. Describe the special circuJnsfances related to soil conditions, the shame cr the topography of the land 01-
structure that are unique to the parcel:
.AS.,of-res.ult_of_the,shape-of._th.e_lot.the_best_area_to_locate.the-garage._creates._tiie..ne.ed_for_th.e...-Variance_...Also_acees5._to_the_
garage because of the shape will be via an easement through the back abutting property at 111-i 13 Marblehead Street.
Saidpropertyis-oSaid -the•sarne-family-as-the-applicant:----.---•-�-_
2. Specify hotiv the cil'cun1stances (10 not generally affect other properties ill the zoning district:
The-garage-will be locate.din-the very.,rear of_the, ro e p rty.vTbegaragedines.,up_witla,2...other garages ihat_are..sJtuated.,in._�.n
about the same position on abutting lots. The rear set back which is the largest of the Variance being requested is owned
-with in-the-sarne-family:
3. Explain hole, the literal en#o1•eetnent of the Noi•th Andover Zoning B)rlaly will result in a substantial
hardship to the oFvne•:
WlthQut_the variarace.autornobiles,landscaping-arid._snow-removal-equipinent..w.j]Lb.e parked_and.located,_in_spaees_on-the._.__
lot outside.`This creates a hardship for the owner and abutters that will have to see it.
�`
4. Explain 1108v the proposed variance is the ruininiunj change that is necessary to allow tile reasonable use
of the land or structure:
.1Ji_the_iiacreascof thc_property from,a_single-family lhow.e.to.a_three_family.home._the-app.licant_ne.eds_to inerease•.thew_
parking as well as store equipment and would like to park within a garage and store the equipment inside as well.
5. Explain ivhy gr•allting the proposed variance ivill be in hai-mony Avith the pui-pose and intent of the
North Andover Zoning Byla`v:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Th.e Variancc..will_encourage_,the_most,app.ropriate_use.of_the_land,,.tbe_building_of,.the_garage_.will_provi.de.,parkir)g..and-_...,.-__
landscaping and snow removal equipment storage within a structure rather then have it located outside and be visible to
-abutters--
6. Describe the irnpact on the nei;Irborlrood and lrory it)-dll irot be detr•inrcntal to the rreighbor-hood or the
public ivelf:rre:
Tbe_garage will-provide_parkii)gdor,cars_.as welLas_sto.rage_of_landscaping..and_sno.w-removal_e..quipmegt_fhat wlthout_the_-__
Variance will be located outside, this provides a benefit to the neighborhood and will not be detrimental or go against the
7A. Difference from Zoning Bylaw requir•enrerrts: Indicate tine dirneusion(s) that Ivill not rireet cur.,ent
Zoning Bylaw Requirements. (Lures A and B in case of a lot split)
Lot Area Sq. I't. Open Space t'crceniage Lot Frnnlage Parkin
S •Ft. Coyeraee Feet Spaces Front Side Side B Rear
A' 14,597 16.3 ro --
30 15 30
B.
7B. Existing Lot:
ffA—ro7s—,.Ft. Open Space Percentage Lot Frontage n Mininturn Lot Setback
Parki
Sq.Ft. Coverage Feel - Spaces Front Side A Side 13 Rear
I_
7C. Proposed Lot(s):
Ntinintwn Lot Setback
Cat Area Sq.I t. Open Space Percentage Lot Frontage Parking
5 • Ft. Cover a, Feet Spaces Front Side A Side 13 Rear
14,597 28.1
18 10 10
O�Q
7D. Required Lot: (As required by Zoning Bylaw & Table 2)
Ivtininnim Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
S -Ft. Cnveraae Feet Spaces Front Side A Side B Rear
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Nuntber of Total Sq. Nuurber
Ft. Floors Heigh! Ft. Use of Buildin-* of Units*
*References Uses J•ron the Zoning Bylaw°&Tablc J.
#$B. Pit-oposed Biriltlirtg(s): State number ofunits in building(s).
Ground Floor Sq. Number of Total S(l. Number
Ft• Floors Heiahi Ft. Use of Building* of units*
"References Uses flnim the Zoning Bylaw&Table 1.
%'*State number of units in buildings).
PROPERTY OWNER CONSENT, CERTIFICA.TION & SIGNATURE
(Signalures of Pefifio)Pr(i)are required)
I am (Ave are)the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
1• I (wee) graft permission for officials and eiiiployees of the Town of North Andover to access my properq,
for the purposes of this petition,
2. I (we) certify that I (we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of my (our) petition;
3. I (we) certify that all the statements within this application and attachments are tale and acerbate to the
best of np"(our) kno-wledge a id belief.
x
(Petitioner b ature) (Date)
x
(Petitioner Signature) (Date)
IfApplicahle:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agee{:807 Turnpike Street, Unit 20 or#Fl Andover, MA Ot 845
Phone Number of Attorney/Agent:978-794-7920
.Email Address of Attorney/Agent: rjbyers@andoverattorneys.com
i
Page 6 of 7
I
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND � 6 Names
add
resses
sse, an
one
Each application to the Zoning Board of Appeals shall numbers of the applicant, owner or
be accompanied by the following described plan, record,and land surveyor.
Plans must be submi€ted 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. Miitor Pt•oject
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of building elcvation plans by a Registered as indicated with an asterisk(*), in some cases
Architect may be required Nyllen the application further information maybe required.
involves new coil struction/conversionlan(1/or a
proposed change in use. 10. APPLICATION FILING FEES
10. A. Notification fees: Applicant shall provide
9. A. )!'Iaor Projects a check or money order to: "Town 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 4 of all parties in interest
I). five(5)or more parking spaces, identified in M.G.L ch. 40A S 11 on abutters list
TI). Three(3)or more dwelling units, for the legal notice check. Also, the applicant
IIl).2,000 square feet of building area. shall supply first class postage stamps for each
Major Projects shall require,that ill addition to the 913 address listed on the abutter's list, plus all
R 9C feature. that the plans show detailed utilities, additional two(2)for the decision mailina.
soils,and topographic information. 10. B. Marlin-labels: Applicant shall provide
Y9. B. Plan Specifications: four 94)sets of mailing labels no larger than
I). Size of plan: Ten (10) paper copies of 1"x2-5/9" (Three(3)copies for the Legal, and
a plan not to exceed 1 1"x 17", one(1) copy for the Decision mailing).
preferred scale of 1"=40'
II). Plan shall 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 V 1�- A Variance once granted by the Z€3A will
Registered Landscape Architect may lapse in one 1 l ( )year if not exercised and a new
be required for Major Projects. petition must be submitted*9. C. *Required Features Ott Platt.
I). Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands (if applicable)
5. Abutters of property, within 300'
radius
6. Locations of buildings on adjacent
properties within 50' fi-om
applicants proposed sti-ncture
7. deed restrictions,easements.
1I). Legend & Graphic Aids shall
include:
l. Proposed features in solid lines&
outlined in red
2. Existing features to be removed in
dashed lines
3. G-apliic scales
4. Date of Plan
5. Title of Plan
Page 7 of 7