HomeMy WebLinkAboutVariance Application-1004 Salem Street - Application - 1004 SALEM STREET 8/18/2021 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Pi_; '' 57
t Town Clerk Time Stamp
NAIVE.Cjlie�a n McYCiquez-lopez and Francisco Bonilla
ADDRES OF APPEAL: 004 Salem street
Plrocedure'& 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 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
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:
etitioner 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,
I 1 copies will be submitted to the Zoning Board of Appeals North Registry of Deeds; I Union Street,Lawrence MA 01846.
secretary. a 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 Sheet
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: Carmen Henriquez-]Lopez and Francisco Bonilla
ADDRESS: 1004 Salem Street, North Andover, MA 01845
PHONE: 781-248-6905 EMAIL: cmhenriquez@aol.com
If thepetitioner and/orproperty owner 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: 1004 Salem Street
ZONING DISTRICT: R-2 ASSESSORS PROPERTY MAP NO.:104.D ,
LOT NO.:0031
OWNER OF RECORD: Carmen Henriquez-Lopez and Francisco Bonilla
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 16136 PAGE 4 OR CERTIFICATE NO.:2142
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter,etc.):
Owner
CURRENT USE: Single family dwelling/Primary residence
PROPOSED USE: Single family dwelling/Primary residence
PREVIOUS VARIANCE GRANTED: YES_NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES_NO X IF YES,DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
The lot is narrow,;and rectangu
has approximately 2,500 sq.ft.of living space and is situated 100'from Salem street. There is an
unattached single car, 1-story garage.
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):
e_hQuse_m be exnanrtart by appmxjmataly —fit bylble—
construction of a new master bedroom and kitchen. The basement underneath will be expanded by the same amount.A
screened porch and an attached 2-car garage(670 sq. ft.)will also be added. The existing kitchen will be converted to an
o ice and same wal s and doors in the existing first floor structure will be rremaved or repositioned. Some floors will be
leveled
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Town ofnarthAndQYM Znnl _
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
,�lftl?Y�rrf �athark V_g�a - 1L1,�.��o Feet rprn�latinn ll.�e�'eq�st..a..sld�Sethar•.k rwliefv�a, �pf 7il.F�
feet to permit the construction of the addition described.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
�ls�or play..ftt�an�Lation_n1�,,� �®s. cPrtle�ct �,r�t Building permit permit application.Abutter's list. Deed.
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
EACH OF FOLLOWING REQUIREMENTS FOR A VARIANCE AI UST BE ESTABLISHED AND SET FOR 7.11IN COMPLETE DETAIL BY
THE APPLICANT IN ACCORDANCE WITH G.L.C.40A,§10.
I. Describe the special circumstances related to soil conditions,the shape or the topography of the land or
structure that are unique to the parcel:
-Tbe lnt i&akng-na[[ow-w angLeApp=mately 10U4M.ThP Snlllp amlaEf_Of_t Blot(whP.rB thP. IInEISP.slt"zmedl
R2. The northern half of the lot is zoned R1. The surface of the lot is irregular. The lot and adjoining lots are all at the same
level-where-they-abut-Satem-Street:Pr u-promed-north-front-ale fopes-inemasirrgly-downward-frarti
east to west.
2. Specify how the circumstances do not generally affect other properties in the zoning district:
Thy p�Q�nGPrl addition r�nP, g��[fQ�t the ah�it I, I to distr. LA,t. r( :S1::& t_t Iare_are two xi ti �5trJI tILCE+�a the main__.
house and a separate storage-one car garage that are closer to the lots on the east and west than the proposed addition.
ih;~ariginal-hous"s-builty n-94fHs-i-'*.r7-#fi frumtie~west-property-line;he-existing-garage-is-less t#tan-eft ftm-the—
east side neighbor. Therefore,the new addition will be the same distance or farther away than the existing structures.
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
See attached
4.Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
Ihfs_is_the__only__�ariance identifed th[� l3��ildinn,,�earFm�nt naraG�Ly�r tha rwmnr�al to n��p��
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
T� 135P. olthe pmpert�yscjll nQt_chanaP._�nnQ�f1hP�la�Pi81�I1t2rS_s�yah�,tterG will he affprtari by the_additiQns since the nPw
construction will actually be the same distance or farther away than existing structures.The property will increase in value.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
Cnnatcuctia,g the addition and the garaae_will_not_he_de��lm�tl [leigflhOrl�nod in any way—Ihe use of tha-PMPpdy—
will not change and the value of the property will be enhanced. Public welfare will not be impacted in any way.
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 loft split)
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
A,
19.38 ft
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
45,467 43,695 3.90 % 94.69 2 77.97 15.57 18.73 308.14
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
45,467 42,393 6.76 % 94.69 2 77.97 15.57 19.38 261.63
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 % 150 2 30 30 30 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*
1772 2 26.4 2,500 Single family dwelling/Primary residence 1
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in huilding(s).
8B. Proposed Building(s)-
Ground Floor Sq. Number of Total Sq. Number
Ft, Floors Height Ft. Use of Building* of Units*
3,074 2 26.4 3,800 Single family dwelling/Primary residence 1
*References Uses from the Zoning Bylaw&"fable 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ofpeiitioner(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:
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. 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[1,F12-1
- ,
(Petitioner Signature) (Date)
x r /� la/
(Petitioner Signature) (Da(e)
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
3.The literal enforcement of the Zoning Bylaw would result in a substantial hardship to the owners
in several ways.One of the owners has numerous health issues that require one-level living, as
documented by the attached correspondence from two medical doctors from Massachusetts
General Hospital.Currently,the master bedroom is located on the second floor of the residence and
the tiny kitchen does not allow for wheelchair access for the owner's 94-year-old father,who is a
stroke survivor, and who resides in the home. Our family needs a two-car garage with an indoor
ramp to be able to transport my elderly father and protect him from the harsh climate.
The original home was built in 1948, and the separate storage-one car garage were in existence at
the time of our purchase of the property in 1990.We wish to remain in our home but need
additional space for our family's present needs and medical conditions of two family members. In
light of the current state of the real estate market coupled with the lack of first floor master
bedrooms in homes in this area,we have no other viable choice but to make an addition to our
residence.The narrow lot and its peculiar topography necessitate the construction plan submitted.
The strict compliance with current zoning standards would unreasonably prevent us from remaining
in our home. It is our intention to reside here permanently as our primary residence. It would be a
great physical difficulty(if we stay without remodeling)or financial hardship(if forced to relocate) if
the request for a variance is not granted.We feel we have met the standard under Massachusetts
law for the Planning Board to exercise its discretion in the granting of a variance.
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 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
1). 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
11I).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
I). Size of plan: Ten(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed l I"x17", one(1)copy for the Decision mailing),
preferred scale of 1"=40'
Il). 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 trust be submitted
*9.C. *Required Features On Platt.
1). Site Orientation shall include:
1. 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:
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