HomeMy WebLinkAboutVariance Application time stamped-83 Academy Road - Application - 83 ACADEMY ROAD 10/15/2020 TOWN OF NORTH ANDOVER VARIANCE t.,.; ..;.
ZONING BOARD OF APPEALS
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f •_Town Clerk Time Stamp
NAME: KathyStevens
ADDRESS OF APPEAL:83 Academy Road -
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 00)days 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 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 Building STEP 8:PUBLIC HEARING BEFORE THE ZONING
Commissioner. BOARD OIL 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 form. 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 Clerk.
STEP 5: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,
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 t6 the Building
STEP 6:SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGAL NOTICE:
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�68$-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME: Kathy Stevens
ADDRESS: 83 Academy Road
PHONE: 978-590-4388 EMAIL: auntkate73Qgmail.com
If the peddorrer and/or property owner is a company,corporation or other entity,a list of the names and addresses of the
principals,officers and/or managers must be attached to this forvn.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 83 Academy Road
ZONING DISTRICT: R3 ASSESSORS PROPERTY MAP NO.:59 ,
LOT NO.:2&55
OWNER OF RECORD:.Kathy Stevens
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 11,796 PAGE 146 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e.owner,abutter,etc.):
Owner
CURRENT USE: Single family residence
PROPOSED USE: Single family residence
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NOJDATE:
OTHER REGULATORY REVIEW: YES X NO_IF YES,DESCRIBE STATUS:
Certificate of Appropriateness granted by the Old Center Historic District Commission on October 6, 2020,
See attached Certificate,
EXISTING CONDITIONS DESCRIPTION:
Original 2 1/2-stary historic house was hijilt qn 1833 With a 35'x R'brick-patia directly In the south of the
front door of the residence. It is evident from historic photographs of the property that a 1-story covered
porch once inhabits rrgh family records this pomt-was-_
constructed in approximately 1874 and remained until about 1931.The goal of this proposed application is
to reconstruct a covered porch at this same location.
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s)and/or use(s):
Lmstruct_a-i.;story rovered-poi h-ofrapproximately 35'x.$'at-theesagae location-of the-existing_brick pakio.arad1hej'0rme.
historic covered porch.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
JUa--application.seeks.relieJ.from,Bening=B:yzlaws,S.eclicnJ.95s7,3�A)lards,.(setback.$),..speGiticWly-t e-Front_Ywd-Setback-
requiring 30'.
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
_Aae.to the lracatian.:ofethexisting_historic,residence and.tha desires to_locate..ihe_prs�posetl ccvered.psrch.at:tlae_sarns _
location of the former historic covered porch, we are only able to provide a 12'front yard setback.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
.Attached.are-architecturalplans displaying plan and,elevations of.the.ar.ea.to.be affected as:.well.as:plar��.ele�ratioras,Q# ,z,
the proposed f-story front porch which will be I T-0"high (highest elevation of the roof as measured from the grade. Also
-attached-are historic photographs of the residence-showina-images of the'former covered ooreh.-alonq with the°Certificate u
/poNp,.e,- KKR �rwi, +C-c UI�. Ce_n4e, #is-9ne jpis+rw_+ C® ,wpc51p dam 04vloe, 41z-ox�.
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
EACH OF F'OLLO11'IA'G REQUIREA9ENTS F'OR A 11ARIANCE MUST BE ESTABLISIILD AND SE7'FORTH IN CO IIPLETE DETi11L B),
THEAPPLICANT IA'ACCORDANCE I11TH G.L. C.40A,§10.
1. Describe the special circumstances related to soil conditions,the shape or the topography of the land or
structure that are unique to the parcel:
hexlocatiorgf.,tisistoxia,pause.,or�,tb�is-proRayioraiqueras it wasnnstracsi inthe-9thLeaturyr wall.-bofore_,any—
zoning guidelines had been established. As the residence is essentially non-conforming with the existing front yard
-setback-requirements,-any-atterallm•would-require=refiefirorr3ihe -- -
2. Specify how the circumstances do not generally affect other properties in the zoning district:
These.non=confs,rmiag,fro,nt_yarAd.seittacks-do not-generally-app.Ly_to,any other.properties:.within-the.,zoaing.district,-except—
for selected historic properties.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
lateral-enforcement.of.the-North-Andower2orung-Bylaw._raquiring.a.3.4'Front-Xard_.Sethack.would.reduce_the-width-otathe_--
proposed covered porch to a location which would only protect approximately 112 of the existing front door. The covered
porch-wouid-be-non-funct'sonal;-asymmetrical,and not#�alanced with he#rant elevation ofthis historic°residence:— ---
4.Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
The proposed_application.is.an.attelnptto.reconstruct-a historic-covioxeid.porch_that once_RxisOng-on-the prcp.er#y...Tbis--_-
porch would provide a shelter for those entering the front door of the residence and a protected area to sit outside of the
-existing residence A-covered front porch-is-a modest-and-reasonable use-of-the structure ane#adjacent-land.:===--
5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
-Garm ingl e.p..rop,os.e vwianceimaln,s iabarmony YNM.the pur o.se and-intenLQt..1be—No.rtb.Andome Zoning ylaw--__.
because the bylaw also recognizes the historic character of the town of North Andover and one of the main intents of the
bylaw,fs#o protect•thatifmtorie-character7As-mentioned above;this-appfication-is-modest-as=W-inquests-the-abitityto—�a�
reconstruct a historic covered porch which is designed only to enhance the historic structure that it is connected to. For
+ nnn nnn rnnnnnn { an nnnm+u+n nrnn nnnf ..r rn u.nn rnnnn{..r.rn n+n n nr+i rnn+n n ....rn nrrn+nnnnn r• rn+hn
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
eCh" o,poaed-covered.parch-is,-by its-Mature„an..open-air-structure—it-wo,uid.not;add_significant-mass.tbeitae_historic----.
residence which is close to the public right-of-way, as one can visually see through the structure. As mentioned above it is
•designed--to-enhance%the°existing#historic°residence-by reconstructing•a wveredporch-that was=vnce�in-the-same-feeation.—
Overall, it's impact would not be detrimental in the neighborhood or the public welfare in any way. If anything, it only adds
valve +on 2x,s�, y e�, d�.�c� aid QJ-ja-"«rF -?-or- be4
7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
A', 119,354 SF 116,154 SF 97 % 211.7 ' 12'
B'
53,579 SF 53,579 SF 100 % 100.0'
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covera a Feet S aces 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. Coverage Feet S aces Front Side A Side B Rear
i2
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covera a Feet S aces Front Side A Side B Rear
30'
j. (aA wsaLu� rvr ..t't 0 Ij C ew&A S 444 f(°+r�i� t��P }j11�#�4� 1 , �-VL►Gir Ic B�'
�t5 h� JJC6wywl�sslw► ! ►" a<Es i� -�t^e y�ptft
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of 1 Total Sq. Number
Ft. Floors Hei ht Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
8B. Proposed Building(s): E'State number of units in huilding(s).
Ground Floor Sq. I Number of Total Sq, Number
Ft. Floors Height 1?t. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
*•State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION& SIGNATURE
(Signatures ofPetirioner(s)are required)
I am(we are)the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
1. I(we)grant permission for officials and employees of the Town of North Andover to access my property
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 true and accurate to the
best of my(our) knowledge and belief.
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X
( etitioner S' ature) (Date)
X
(Petitioner Signature) (Date)
If Applicable:
Name of Attorney/Agent for Applicant:Mark Yanowilz
Address of Attorney/Agent:1 Elm Square,Andover, MA 01810
Phone Number of Attorney/Agent:978-857-9191
Email Address of Attorney/Agent: myanowitz@LYFarchitects.com
Page 6 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. Use ofBuilding* of Units*
*References Uses from the Zoning Bylaw&Table 1.
**8B. Proposed Building(s): State number of units in building(s).
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION& SIGNATURE
(Signatures of Petitioner(s)are required)
I am (we are) the owner(s)of the property subject to this variance petition and I (we)consent and certify as
follows:
l. I(we) grant permission for officials and employees of the Town of North Andover to access my property
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 true and accurate to the
best of my(our knowledge and belief.
X d ao
( etitioner ignatu ) (Da(e)
X
(Petitioner Signature) (Date)
If Applicable: ,
Name of Attorney/Agent for Applicant:Mark Yanowitz
Address of Attorney/Agent: 1 Elm Square, Andover, MA 01810
Phone Number of Attorney/Agent:978-857-9191
Email Address ofAttorney/Agent: myanowitz@LYFarchitects.com
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND 6. Names addresses and phone
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 submitted with this application to the 7. Locus
Town CIerk'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. Minor 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 construction/conversion/and/or a
proposed change in use. 10. APPLICATION FILING FEES
I0.A. Notification fees:Applicant shall provide
9.A. Major Projects a check or money order to:"Town of North
Major Projects are those,which involve one of the Andover"far the cost of first class,certified,
following whether existing or proposed: return receipt x#!of all parties in interest
1). Five(5)or more parking spaces, identified in M.G.L ch.40A§I I on abutters list
11). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
111).2,000 square feet of building area. 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.
soils,and topographic information. 10.B. Mailing labels: Applicant shall provide
*9.B. Plan Specifications: four 94)sets of mailing labels no larger than
I). Size of plan: Ten(10)paper copies of I"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed 1 I"x17", one(1)copy for the Decision mailing).
preferred scale of 111=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 10 A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in 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:
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' from
applicants proposed structure
7. deed restrictions,easements.
III). 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