HomeMy WebLinkAboutVariance Application time stamped - 39 Russell Street - Application - 39 RUSSELL STREET 2/11/2021 Rik
' TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
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5 � {; Al'i L?;'P�5n Clerk Time Stamp
NAME: G L -Dec � �JJ
ADDRESS OF APPEAL:
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 QOI 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 com fete 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 4 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 S: 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 1 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:
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
978-68879541 Zoning Board of Appeals-Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
M'L ITF';.ds ON THIS t=ORN-1
PETITIONER INFORMATION
NAME: G Richard and Deborah Gagnon
ADDRESS: 39 Russell Street,North Andover
PHONE: 978-302-6432-Cell EMAIL: grgagnon0comcast.net
If the petitioner and/or property owner is a company,corporation or other entity,e list of the names and addresses of the
principals,officers rind/or!Managers artist he attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 39 Russell Street
ZONING DISTRICT: _ R 4 ASSESSORS PROPERTY MAP NO.: 057 ,
LOT NO.: pool
OWNER OF RECORD: G Richard and Deborah Gagnon
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 16470 PAGE 254 OR CERTIFICATE NO.: 22877
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.):
Owner
CURRENT USE: Primary Residence
PROPOSED USE: Primary Residence with In-law Space
PREVIOUS VARIANCE GRANTED: YES NO Y DECISION NOJDATE:
OTHER REGULATORY REVIEW: YES_NO x IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
Small ranch-style home in residential neighborhood,with adequate space for addition which present owners wish
to utilize for parents of Deborah.
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):
Owners Nish to create a small space in i ear of existing building similar to other homes in the immediate area to be used for roughly 4 months
of the year to house parents of Deborah The space will allow them to have some independence but with new doorway/hallway from existing
home,access will he easy should they require our attention. To accommodate the new addition nve are having the existing bulkhead moved
slightly to'a,new location.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Section 195-2.2 Family Suite
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
B2-restricts the size of the family suite is not to exceed 1200 sq.ft.or not more than 25% of the gross floor area of the principal unit,
whichever is less.
134-restricts the use to family members only which present owners have no objections to.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Architectural drawings depict the new space as well as the connection to the existing home.
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
1:',fCll01'FOLLOW/VG'Rl"O . 1RE,111::11";[OR.IJAR1.f.V7. 311.S"L81:VSI'1131.1.S'lllill.1.:11)Sf-:TFORMIrV('U_ PFI; .W. IfF
I'lll:.11' OC..L I I.\ .WC'£)RI).I VCI,: 1f 1111 (;.1_. U ,16.t,§ it),
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:
There really is nothing unique to this lot-h` all appearances uon,and if approval for addition is granted,that would distinguish this home
from many other units in this or surrounding neighbors/streets
2. Specify how the circumstances do not generally affect other properties in the zoning district:
During our consults with architect we walked surrounding streets to see what others have done and feel our proposed addition will meld
nicely with other homes.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
The existing home is quite small making the strict adherence to an addition of 25% or a 323 sq ft too small for in-laws to feel comfortable and
still have some degree of privacy and independence with a small kitchen,bathroom and living area
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
We looked at several iterations and design options,including building out along Allen Street and none afforded the opportunity to add the
space to an existing home while keeping the look of several other homes ill this area
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
When n iewmg our home from Russell St on Allen Street there will he nothing anyone would see to indicate anything different or
extraordinary about our home -we feel Our plans will follow tine intent of the variance
6. Describe the impact on the neighborhood and horn it will not be detrimental to the neighborhood or the
public welfare:
There is nothing in these plans that would change or impact anyone,even adjacent abutters-there will be no separate water,sewage,gas
or electric services requested or required. All Town services will remain the same and billing will remain the same.All setbacks are in
compliance for side,front,rear
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
S .Ft. Coverage Feet S)aces Front Side A Side B Rear
A. DNA DNA DIVA % DNA DNA DNA DNA DNA DNA
B. %
7B. Existing Lot:
Minirnunn Lot Setback
Lot Area Sq. Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
13353 12062 0.0966 % 100 3 30 15 20 75
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
13353 11486 0.1398 % 100 3 30 15 20 52
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
12,500 NA NA % 100 NA 30 15 20 30
Page 5 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 of Building* of Units*
1291 1 17.6 1291 Primary Residence 1
`References Uses from the Zoniug Bylaw&'table 1.
*$State mmiber 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*
576 1 17.6 576 In-law residence 1
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Sigrtalures of PeNtioner(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 0 02/07/2021
(Petition r Si nature) (Date)
X � � 02/07/2021
(Petitioner 'ig ature) (Date)
If Applicable:
Name of Attorney/Agent for Applicant:DNA
Address of Attorney/Agent:DNA
Phone Number of Attorney/Agent:DNA
Email Address of Attorney/Agent: DNA
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 Clerk'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 M. 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
10,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" for the cost of first class,certified,
following whether existing or proposed: return receipt x#of all parties in interest
I). Five(5)or more parking spaces, identified in 1VLG.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
1). Size of p1an: Ten(10) paper copies of I"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed I 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: "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 ► 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,
1). Site Orientation shall include:
I, 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.
II). 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