HomeMy WebLinkAboutTime Stamped Variance - 303 Chestnut St - Application - 303 CHESTNUT STREET 9/10/2020 AM TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Town Clerk Time Stamp
10 11,1] 11: 557
NAME.*The Winslow Drive Realty Group, 1-1-0, Brian BoyleManager ?(IMsT"j
ADDRESS OF APPEAL:.303 Chestnut Street
n.
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(LOJ days prior to,the FITSt 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 ail 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 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 1)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 it to the Zoning Board of Appeals and to 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
978-688-9542 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
E
IMPORTANT. APPLICANTS MUST COMPLETE E ALL ITEMS ON'THIS FORM
PETITIONER INFORMATION
NAME: The Winslow Drive fealty Group, LLC, Brian J. Boyle, Manager
ADDRESS: 24 Winslow Drive, Atkinson, NH 03811
PHONE: 603-362-4175 ___EMAIL: brian@boyleconstuction-NH.com
.If the 1letitioner'afitl/or p1•opcl7y owner n'a CO1111)a1)p,corporation or other entiitiy a fist of the n!lI11L'S A1Nl lllhl!'estics of file
Principals,Officers rind/nr 1)lunrrgers nlersf be uitoched to this forru.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 303 Chestnut a/k/a Lot 1 Hillside Road
ZONING DISTRICT: R3 ASSESSORS PROPERTY MAP NO.:098/c-0008
LOT NO.:
011VNER 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
PREVIOUS VARIANCE GRANTED: YES NO x DECISION NO./DATE:
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
Con Mons gran e 201 , and ex en -311372U
EXISTING CONDITIONS DESCRIPTION:
-Sing converted tc 2 hujWable_IQts...3t120j 6, house 1 ( 1WLon_Lo_2._was
completed 8/14/2017. Existing Lot 1 is now vacant.
Page 2 of 7
1
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):
2. State all sections of the North Andover Zoning Bylmv implicated in this variance petition:
3. State the specific relief being sought from the North Audover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Thojnterpretati.on-.of-thewbuilding nspector-is,that_fho.applicant_naw.needs avariance.Jor.configuous..b.uildable,..area„(CBA)-:.,
Amount needed for the variance is 5,718 sf (23%). R3 requires 25,000 sf CBA, plan previously approved by the Planning
-Board-shows,30,407sf-of-CBA -aThe-Zoning-Enforcement•Officer's-interpretation-of CBA is-only-land outside-of•the-1001--
buffer zone should be included in calculating CBA. Per his interpretation would calculated at 13,032 sf. Zoning requires
75% of the lot required has to be included in the CBA, in the R3, which is 18,750 s#.Therefore a variance s,7i$ sf of relief
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
.Prior_appro_v_e-I-ANR-dated 12/_7/-1.5-Donohue S.urrrey.,,,Inc.;-P_.roposecl_Plan..#3.0.3..ChestnutrS,tre.et,..F.or.Winslow,,.Driye.Realty..-
Groupl, Lt_C, dated 9/8/2020 by Donohoe Survey, Inc.
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
EACH OF FOLL011'11!'G REOUIREA]EATS FOR A VARL4,NCL?IIIUST BE ESTABL.ISHED.-iND SET FORTH 12,,COMPLETE DETAIL ISY
7'IIE APPLJC-INT I.,i':ICCOidD,9,N'Cl 1117'N G.L. C. 4011,§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:
.S.ee_.attached_lette.c.from_nonohoe..Sulve.,.Inc.
2. Specify Inmv the circumstances do not generally affect other properties in the zoning district:
.Alleprop.erties njlae.,area..are-single..familyhornes...Applieant.:isrlooking,.to build.a.single_family..hQme on_lot that.asingle.__......
home was located on from 1950-2016
3. Explain how the literal enforcement of the North Andover Zoning Bylamv )Fill result in a substantial
hardship to the oivner:
The.interpretation_of..the,.CBA.definitionwbyJavu by.,the_Zon.i.ng.Enforcement..Officer..would.make..theJot.unbuildable..which.,_....
creates a substantial hardship to the applicant
4. Explain hoe, the proposed variance is the mininnum change that is necessary to allmi, the reasonable use
of the land or structure:
_Propose.d variance willy,Estor..e.Ahe-use_of_tbe_.Iot..to.Aheroriginal.use_as..a„singlo..family_.resi.dence.._In..fact_the_proposed_.--__.__.
structure will be located on a lot larger then the previous structure.
5. Explain Why granting the proposed variance mill be in harmony`vitln the purpose and intent of the
North Andover Zoning Bylaw:
Page 4 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
-The.application-.ejic.ourage.s..the..rnost..appr.opriate.,use-of-Alie.-land,by.building..a-single-family-home-on.a.largerJot then.whal .
was sited this keeps it in harmony with the overall residential area.
6. Describe the impact on the neighborhood axed ho«v it will not be detrimental to the neighborhood or the
Public welfare:
.No_impact..on_the._neighborl.,iood at_all.....Rep.laciiig.a.single.farnily,home with another-single farnily.home.in.the-sam .
location on the lot.
7A. Difference front Zoning B),law requirements: Indicate the dimensions) that ivill not meet current
Zoning Bylaw Requirenicnts. (Limes A aiid B in ease of a lot split)
Lot Area Sq-Ft. Open Space Percentage Lot Frontage 11arkinR,
S .Ft. Coverage Feet "'ace'
Front Side A Side B hear
B. %
7B. Existing Lot:
Minimum Lot Setback
Lai Area Sq.Ft, Open Space 1'crccnlage Lot Fon[age Parking
Sq.Ft. Coverage 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, CaveraUe Feet 5)aces Front Side A I Side B Rear
%
71). 12equired Lot: (As required by Zoning Bylaw& Table 2)
Mininwm Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq,Ft. Coverage Feet Spaces Front Side A Side B Rear
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Bui_lding(s):
Ground Floor Sq. Number of Total Sq, Number
Ft. Floors Height Ft. Use of Building* of Units*
`References Uses ITonl the 7oning Bylaw&`Fable i.
State number of units in building(s).
8B. Pt•oposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Fl. ;Floors Height Ft_ Use of Building'F of Units*
;Relereuces Uses tTom the Zoning 13rlaw K Table I.
s.e State number of units in buiiding(s).
PROPERTY OWNER CONSENT, CERTIFICATION &. SIGNATURE
(Signatirr-es of Patitinuer(s)are required)
1 am (we are) the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
l. I (Xve) grant permission for officials and employees of the Town of North Andover to access nay property
for the purposes of this petition,
2. 1 (Nve) certify that I (Ave) have read the Board's Rules and Procedures before submittal to ensure the
completeness of mar (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 •�� - 9 0lo
(Petitioner S'gnat tre) ( a e)
X_
(Petitioner Signature) (Date)
IJApplicable: , }} Gs�;� �i `�.
Name of Attorney/Agent for Applicant: Z/
Address of Attorney/Agent:�(��] !.i� r_c d t fit-♦ ` ' f t'f �k qL �
r
Phone Number of Attorney/Agent: -- ,4 774d D /G
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Email Address of Attorney/Agent: Sf �
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND 6. Narnes 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 Clerk's Office and the ZBA secretary at least
thirty(30)days prior to the public hearing before the 9. D. Minot-Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
garages,shall require only the plan information
A set of banding elevation plans by a Registered as indicated with an asterisk(*). In some cases
Architect may be required when €lie application further information may be required.
involves new construction/conversion/and/or a
proposed change in use. 10. APPLICATION FILING FEES
10. A. Notification fees: Applicant shall provide.
9. A. Major Projects a check or money order to: "Town ofNorih
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
1). Five(5)or more parking spaces, identified in M.G.L ch. 40A S 11 on abutters list
ll). 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 far each
Major Projects shall require,that in addition to the 913 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
Y9. B. Plat; Specifications: fora-94)sets of mailing labels no larger than
1). 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"x 17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
11). Plan shall be prepared, stamped and 10. C. Applicant shall provide a check or
certified by a Registered Professional money order to: "TONN'n ofNor#h Andover"per
Land Surveyor. Please note that plans the 2005 Revised Fee Schedule.
by a Registered Professional Engineer.
Registered Architect, and/or a V 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 Featm-es On Platt.
1). Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Nfarnes 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 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 flan
5. Title of Plan
Page 7 of 7