HomeMy WebLinkAboutVariance Application - 55-57 Furber Ave. - Application - 55-57 FURBER AVENUE 1/14/2021 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
` r it ii Clerk Time Stamp
NAME:
ADDRESS OF APPEAL: 5 S — S,7 Ay&
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 QAQ 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:
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)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 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
IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME: MEGHAN LARKIN AND BRENDAN LARKIN
ADDRESS: 55-57 FURBER AVENUE
PHONE: 781-944-7808 EMAIL: LARKINANDLARKIN@AOL.COM
If the petitioner and/or property owner is a company,eon poration 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
LOCA
TION OF PROPERTY: 55-57 FURBER AVENUE
ZONING DISTRICT: R-4 ASSESSORS PROPERTY MAP NO.:84 >
:
I
LOT NO.:54
OWNER OF RECORD: MEGHAN LARKIN AND BRENDAN LARKIN
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DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 16405 PAGE 32 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc.):
OWNER
CURRENT USE: TWO SINGLE FAMILY UNITS AND ONE THREE FAMILY
PROPOSED USE: TWO SINGLE FAMILY UNITS AND ONE TWO-FAMILY UNIT
PREVIOUS VARIANCE GRANTED: YES NO DECISION NO./DATE:12-19-19 AND 3-24-2020
OTHER REGULATORY REVIEW: YES—NOX IF YES,DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
THREE FAMILY HOME WITH TWO SINGLE FAMILY HOMES. A NEW SINGLE FAMILY HOME HAS
BEEN BUILT AND
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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):
APPLICANT WANTS TO MODIFY THE ZBA DECISION AS FOLLOWS: 1) KEEP THE EXISTING SINGLE FAMILY; 2)
HAVE THE SUILDIN—G-[SBECTOR"7$SUE'THE-CERTIFICATE"OE OCCUPANCY-ON'THE`NEW'STRUCTURE AND 3)
ALLQW T.HE APPLICAN.T—TO,D,.ECREASE TH.E_N.UMF ER.OF.UNIT.:S:.IRTHE THREE FAMILY..DY.ONE SQ:THAT
PROPERTY MAINTAINS THE EXISTING FOUR UNITS. THE TENANTS LIVING IN THE OLDER SINGLE FAMILY
HOME WERE GIVEN-A•60 DAY NOTIGE TO-QUIT BACK-ON�SEPTEMBER 9 ST,-2O2O.- HOWEVER-DUE-TO THE.
ONGOING COVID PANDEMIC AND SUBSEQUENT LOSS OF EMPLOYMENT, THE TENANT HAS BEEN
'UNSUCESSFUL-IN'FINI7ING-SUTABLE RCCOMAD-ATION"'FOR"THEM AND'THEIR°NEWBABY THE NEW'SINGLE
PAMiLY IS,COM,PLETED,BUT WE WERE INFORMED,THAT THE wBUILDINGINSPECTOR WILL NOT ISSUE A„N,,, ,
OOPANCY PERMIT UNTILL THE OLDER SINGLE FAMILY HOME IS DEMOLISHED. AS A RESULT OF THE
,FOREGOING,WE CANNOT�DEMOLISH THE•OLDER-SINGLE,•FAMILY-UNIT,-WE„CANNOT-MOVE-INTO OUR NEW
HOUSE AND THE LENDER FOR THE CONSTRUCTION OF THE NEW HOME IS NOW REQUESTING PAYMENT
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
SECTION 195-4.3(A)
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
APPLICANT WANTS TO MODIFY THE ZBA DECISION AS FOLLOWS: 1) KEEP THE EXISTING SINGLE FAMILY; 2)
'HAVE THE I3-UILDING`�INSPECT01"r,,;'SUEETHE CERTIFfCATE 01:F—CCUPANCY ON'THE-NEW—STRUCTURE AND 3)
ALLQ1lU.THIa.APPLI.CANT—T ECREASEJH,E N1.M.BER OF"U.N1TS..INT EaTHREE FAMILY BY.QNE StJ.THAT...
E FOUR UNITS
PROPERTY MAINTAINS THE EXISTING .
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4, identify and describe all plans and supporting documents being submitted with this variance petition:
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SEE ATTACHED SITE PLAN
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
C.ICH OF FOLLO f ORA VARMAICE.1IUST RE L,STABLLSHED AND SET FORTH IN COMPLETE DETAIL B Y
THE,IPPLICIN7'I:\'ACCORD.f;\'CT WITH 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:
THE LOT SIZE IS OVER TWENTY THOUSAND SQU
ARE FEET. THE LOT SIZE REQUIRED IN THIS ZONE IS
TWELVI TH'OUSANIj-SWARSfE=ET. �U'E TO Tj4E LARGE C0T`S1ZETHE STRUCTURES ON THE R PERTY b0
N0T_LOOK.OU.T OF.PLACE..IN,RELATION..TO..THE,NEIQHBQURHOO, D.,. �_� .. .. .. _.
2. Specify how the circumstances do not generally affect other properties in the zoning district:
THE PROPERTY ALWAYS HAD FOUR UNITS ON THE SITE. BY GRANTING THE MODIFICATION TO THE ORIGINAL
ZBA DIECISION THERmE :L TE-90"CRANG O TI-lE 1�L E3ER OI"UNITS
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3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
` AS A RESULT OF REASONS IN SECTION 1 ABOVE, WE CANNOT DEMOLISH THE OLDER SINGLE FAMILY UNIT,
VIII=OANNOT M4VEFI1`IT( C)[1R'NI=V`I FiOfSI ANI] TH>= LENDR'FOFI'THE CONSTFtUC7'iCSN LOAN 0>=THE NEW
HOME_IS.N.OW.REQUE T.AN�GP-AYMF-NT_INFULI.-,..,. ..........
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
A MODIFICATION OF THE VARIANCE IS THE APPROPRIATE REMEDY FOR THE APPLICANTS REQUEST
5. Explain why granting the proposed variance will be in harmony with the purpose and inte t of the
North Andover Zoning Bylaw:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
THE PROPERTY ALWAYS HAD POUR UNITS ON THE SITE. BY GRANTING THE MODIFICATION TO THE ORIGINAL
'Zl3A"bE�ISI'E�N THE1�1="1N11_:C"13��NtlCS�C�F=1�1�GEW7f)_TI�E t�ll.lMi:3"E�O�mUNI�`5.��°W
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
B. %
7B. Existing Lot:
Mininnim Lot Setback
Lot Area Sq. Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage
Feet Spaces Front Side A Side B Rear
E 20,348 % 180 4 11.5 5.3 15 2.9
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
20,348 % 180 10 11.5 5.3 15 2.9
t
7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot 7F,
ontage Parking
Sq.Ft. coverage et Spaces Front Side A Side B Rear
12,500 % �100 2 30 15 115 130
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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*
1263 2 18 2500 3 FAMILY DWELLING 3
600 2 22 1200 1 SINGLE FAMILY 1
1412 3 32 3000 1 SINGLE FAMILY 1
*References Uses from the Zoning Bylaw&Table 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* of Units*
1263 18 2000 2 FAMILY DWELLING 2
600 22 1200 1 SINGLE FAMILY 1
1412 32 3000 1 SINGLE FAMILY 1
*References Uses from the Zoning Bylaw&Table t.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(signatures of Peationer(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.
X �1'vLP�
(Petitio r Signature) (Date)
X
(Petitioner Signature) (Date)
If Applicable:
licable:
Name of Attorney/Agent for Applicant:
E
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
E Email Address of Attorney/Agent:
f
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