HomeMy WebLinkAboutVariance Application - Application - 227 BERRY STREET 8/6/2021 TOWN"OF NORTH ANDOVER VARIANCt
ZONING BOARD OF APPEALS . CiVn
2021 AUr -6 AM 1I 127
Town Clerk Time Stamp
NAME: John and Celia Brunette T9WH OF
ADDRESS OF APPEAL:227 BerrySt North Andover, Ma. 01845
Procedure & Requirements
for an Application for a Variance
Twelve(I2)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty k3OI 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: 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 STEPS: 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: 013TAIN LIST OF PARTIES IN INTEREST: petitioner and all Parties in Interest.Any appeal of the Board's
The Petitioner requests thb 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)originaI 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
r•
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PETITIONER INFORMATION
NAME: John and Celia Brunette
ADDRESS: 227 Berry St, North Andover, Ma 01845
PHONE: 978-578-1330 EMAIL: j4brun@gmail.com
If the petitiarter and/or properly owner is a company,corlm-rrtion or other enth),,a list of the mentes and addresses of the
principals,officers and/or managers must be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 227 Berry St.
ZONING DISTRICT: R2 ASSESSORS PROPERTY MAP NO.:106.D ,
LOT NO.:0051
OWNER OF RECORD: John Brunette
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 2874 PAGE325 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc.):
Owner
CURRENT USE: Residential
PROPOSED USE: Residential
PREVIOUS VARIANCE GRANTED: YES NOX DECISION NOJDATE:
OTHER REGULATORY REVIEW: YES NO IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
Existing porch is falling down and needs to be torn down and replaced. Porch is at back of house, and sits
on residents property in the back yard.
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):
Existing screen porch (24' x 7' 10") is covered by a shingled roof, and runs along the back side of the house, and is the
same width as the house. It is in disrepair and trees to be tarn down. A new porch is proposed to'be'built,'r669lily on the
same footprint.Propos.ed_porch_will be.the,same.length (24 feet),and.continue to..run along the_back of the.house........
(continue to be the same size as the back of the house). One half of the proposed new screen porch is to extend 2 feet, 2
inches further than the existing porch, into the back yard;-and will be covered by a shingled roof.The other halt is -
proposed as a deck, and will be a foot less wide than the existing porch. This other half will NOT be covered, it will be an
open ec
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
"Section 195-7.3 Yards (setbacks)"
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Side setback for 112 of the new screen porch in R2 is 30'. Resident/Applicant setback is 24' . A variance of 6 feet is
nee ed. 6r e t side setback.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
FORM - VARIANCE APPLICATION Fillable-1
Page 3 of 7
I
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
20210709080436252-building denial form-2
Town of North Andover=Building Permit=3
227..Berry St N.Andover.-survey-plan-4
Brunette porch plan-5
abutters227berry-6
227 Berry St-deed-7
SUPPORTING STATEMENT
Is,(C/IOF F013,0W1;!`(;Ills' 1:-1I11A ACL,11UST h't kS7:t13f.1.5f!(:I),I NO S'h'T FORM IN('f3.111'C(iI k'0Ii7;111, BY
Tlll�,fpp/.If,.1=A`/ 1,A'.i(,f1O8 ) INCE W/Ill GJ. C. P) 1,§ lU.
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:
No special circumstances. The existing porch and the proposed porch will occupy the same space of back yard that
bet ongs to the applicant:
2. Specify horn the circumstances do not generally affect other properties in the zoning district:
The existing porch (24 feet x 7feet 10 inches) has existed as is since the home was built in 1963 and it occupy's the back
Side of the house over the applicant's back yard. The proposed porch will be in the same, space,with roughly the same
.dimensions.except for the proposed 2,foot,.2:.inch.extension._further..into_the back.yard of the.applicant for.1/2 of the.:porch, :
and it will be a COVERED deck The other half of the structure will occupy a smaller dimension than the existing porch, and
will be an UNCOVERED deck.The lot line on the left side of the porch border-property that is-unused as the neighbors
3. Explain horn the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
The current screen porch is just over 7 feet wide, and it is difficult to place furniture, or to arrange seating for more than 2
people. The proposed'porch'will allow a section to be widened from current 7 feet 10 inches to 10 feet.(adding 2 feet 2
,inched).This,will.allow 2 extra.seats on..the_screen porch. The_new_design..has.less.roof_space.because.there will b.e a
section of open deck in the new design.
4. Explain horn the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
This small variance will allow normal seating on the porch, and will allow reasonable seating for a small group- probably 4
,at most. __. _ _..._
S. 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
The proposed variance will not introduce anything out of the ordinary. To push 112 of the porch 2 feet, 2 inches further into
the back yarcl will not be visable"from the street, it will not impact'any neighbors' land, acid it will not upset the integrityof
the house,_the.lot, abutters'lots,or the neighborhood..
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
There will no impact to the neighborhood as the porch is at the back of the house and cannot be seen from the road.
There will be no impact to the neighboring properties
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. Coverage Feet Spaces Front Side A Side B Rear
19,868 19,680.8 .94% % 100, 3 24'
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
19,868 19,678.1 .95% % 100, 3 24'
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
43,560 NIA NIA % 150' 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, Floozy Height Ft. Use of Building* of Units*
187.2 1 81811 187.2 screen porch 1
*References Uses from the Zoning pyla'Rc Table 1.
**SB. Proposed Building(s): State number of units in building(s).
Ground Floor Sq. Number of Total Sql Number
Ft. Floors Height Ft. Use of Building* of Units*
188.9 1 8 181` 189.9 screen porch 1
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT,CERTIFICATION & SIGNATURE
(Signatures ofPetitioner(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. 1 (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) a�A"
le and b ef.
X John Brunette 7/28/2021
(Petitioner Signat (Date)
XCelia Brunette 7/28/2021
(Petitioner Signatur (Date)
If Applicable:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
Email Address of Attorney/Agent:
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(*). In some cases
Architect may be required when the application further information may be required,
involves new constrttction/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 9 of all parties in interest
I). Five(5)or more parking spaces, identified in M.G.L ch. 40A §I I on abutters list
II). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
III).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
X9. B. Plan Specifications: four 94)sets of mailing labels no larger than
1). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plar.i not to exceed I I"x17", one(1)copy for the Decision mailing).
preferred scale of V=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 ► 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
X9. C. XRegnircd Features On Plan.
I). Site Orientation shall include:
I. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(if applicable)
5. Abutters of properly, within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
I1). Legend& Graphic Aids shall
include:
1. 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