HomeMy WebLinkAboutVariance Application Time Stamped - 303 Chestnut Street - Application - 303 CHESTNUT STREET 12/16/2020 TOWN OF NORTH ANDOVER VARIANCE
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ZONING BOARD OF APPEALS '''r::
%own Clerk Time Stamp
NAME:The Winslow Drive Realty Group, LLC. _
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ADDRESS OF APPEAL: 303 Chestnut street
Procedure & Requirements
for an Application four 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 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
136ard 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:
petitioner 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 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 k 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,
I I copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; 1 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 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 ofAppeals.Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON TINS FORM
PETITIONER INFORMATION
NAME: The Winslow Drive Realty Group, LLC
ADDRESS: 24 Winslow Drive,Atkinson New Hampshire 03811
PHONE: 603-362-4175 EMAIL: brian@boyleconstruction-nh.com
If the petitioner and/orproperty o►mer 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 form.
SUBJECT PROPERTY INFORMATION
LOCATION OF.PROPERTY: 303 Chestnut,Street-A/K/A Lot 1 Hillside Road.
ZONING DISTRICT: R3 ASSESSORS PROPERTY MAP NO.:098/c- 0008 ,
LOT NO.:
OWNER OF RECORD: The Winslow Drive Realty Group, LLC
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 14953 PAGE 349 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.):
Owner
CURRENT USE: Residential Single Family
PROPOSED USE: Residential Single Family
PP.EVIOUS VARIANCE GRANTED: YES X NO DECISION NO./DATE:October 6, 2020
OTHER REGULATORY REVIEW: YES X NO_IF YES, DESCRIBE STATUS:
ANR plan approved by Planning Board, plan dated 12/17/2015
Conservation Commission Order of Conditions ciranted- 411512016 and extended tn
3/13/2019
EXISTING CONDITIONS DESCRIPTION:
Single Family home on 3 lots was converted to 2 buildable lots in 2016. House #1 (built
on lot 2) was completed 8/14/2017 Existing lot is now vacant.
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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):
Reconstruction of a sin le family home on vacant lot._Apoolicant re
quest� apr2val to cor�strct a
smaller home on lot 1 that was approved at the October 6, 2020 r eeting. Applicant had a signed
o-ntrarci°to-bui1d r445srcustarrt cap'Ott-aTra-tdrt1=1-1-090fsf-In4awra'partrrrent-trthe-baoernent
Applicant.naw-seels-a-modification-to-tire.October-6 .,2020-decisio"o--allow the.constrution.:of--a,
smaller home containing a total of 3100sf.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
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3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
At the October 6 2020 meeting the applicant received a variance to the contigious buidable area
(CBA) requirement. A variance of 5718sf CBA to the required 18,750sf CBA was granted to allow the
re rstTactlw-ea--s1rfgl-e-faftIThie`or�tl ac�arit`ibt ul cl �s desc i s`tb�APmpe yam. C�lr a-of
Qth hibits-to- appraued-applicatiora-were-builcinn"larc,4or-"535sf-horne.-ApplicantAs-aa
seeking a minor modification to the decision to allow_ the reconstruction of a smaller home containing
3100sf on said Lot.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Floor plans.& elevations prepared by Amanda L. Robichard - 12/7/2020 containinq 8 p2qfs LA1,_A2,
A3,A4,A5,A6,A7,A8. Plan of land prepared by Donohoe Survey, Inc 12/10/2020 (2 pages).
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
EACH OF FOLLOWING REQUIREMENTS FOR A VARIANCE MUST BE ESTABLISHED AND SET FORTH IN COAIPLETE DETAIL BY
THE APPLICANT INACCORDANCE 11TH C.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:
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2. Specify how the circumstances do not generally affect other properties in the zoning district:
Action is soley to build a smaller home on the revious a roved a lication. The ro osed home
will contain 3100sf with an attached two car garage.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
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€ 4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
` of the land or structure:
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The re nested action has no impacton the ZBA decision of October 6, 2020. The ZBA decision was
to grant relief of 5718sf of contiguous buildable area to the required 18,750sf. Current action
-re-quust d7eltmtTmttlimNm�act rrn-tbu-C�-L:ir 6=,-2020 deersiUma has➢Mo iMpa-Ct-amth-e-deot-Sbrr—
regarding Goatinguous<buifdable ar.ea�
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5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
The ro _osed_home is sic nificant smaller�than the_approved home. The smaller home will also
provide a smaller footprint on the lot.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
At the October 6, 2020 hearing, three of the abbuters requested the construction of a smaller home.
li 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. %
B.
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covera e Feet 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. Coverage Feet Spaces Front Side A Side B Rear
%
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. Coverage 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. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&'fable 1.
**State number of units in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building' ofUnits*
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures of Pefilioner(s)are required)
I am (we are) the owners) of the property subject to this variance petition and I (we) consent and certify as
follows:
I. 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. 1 (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 13
Petitioner Si ur ( ate)
X
(Petitioner Signature) (Date)
If Applicable:
Name of Attorney/Agent for Applicant: Attorney Richard J. Byers Attorney at Law
Address of Attorney/Agent: 807 Turnpike Street, Suite 202, North Andover MA 01845
Phone Number of Attorney/Agent:978-794-7920
Email Address of Attorney/Agent: rjbyers@andoverattorneys.com
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