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HomeMy WebLinkAboutBldg Inspector Letter to ZBA - Correspondence - 34 Wentworth Avenue 12/14/2021 Town of North Andover Building Department North Andover Town Hall 120 Main Street North Andover, MA 01845 phutchins@northandoverma.gov Paul Hutchins Telephone (978) 688-9545 Inspector of Buildings Fax (978) 688-9542 December 14, 2021 Re: 34 Wentworth Avenue Zoning Board of Appeals, The Building Permit for 34 Wentworth Avenue was denied due to Town of North Andover Zoning Bylaws, Section 195-7.8 Exceptions, Section 195-7.1 Lot Area, Section 195-7.2 Street Frontage, and Section 195-7.3 Yards (setbacks) Applicant is requesting a lot area needing a relief variance of 7,953 square feet (lot area proposed is 4,547 square feet and lot area required per Table 2 is 12,500). Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.2 Street Frontage, Table 2: Summary of Dimensional Requirements for street frontage in the R-4 Zoning District, street frontage needing a relief variance of 52.5 feet (street frontage proposed is 47.5 feet and street frontage required per Table 2 is 100 feet). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards (setbacks), Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District requested a left side setback needing a relief variance of 2.8 feet (left side setback proposed is 12.2 feet and side setback required per Table 2 is 15feet). The Applicant is requesting a Variance pursuant to Town of North Andover Zoning Bylaws, Section 195-7.3 Yards(setbacks), Table 2: Summary of Dimensional Requirements for one side setback in the R-4 Zoning District for the has requested a right-side setback needing a relief variance of 2.7 feet (right side setback proposed is 12.3 feet and side setback required per Table 2 is 15 feet). The Applicant is requesting a finding by the Board for an exemption under Town of North Andover Zoning Bylaws Section 195-7.8 Exemptions. The lot does not qualify for an exemption per Massachusetts Zoning RE16RC13: Zoning & Building Codes Approved on Aug. 7, 2013 I. ZONING A. M.G.L. c. 40A ŷĻ œƚƓźƓŭ to create zoning bylaws and ordinances under their police powers. Includes procedures for special permits, variances, appeals and public notification. Town of North Andover Building Department North Andover Town Hall 120 Main Street North Andover, MA 01845 phutchins@northandoverma.gov Paul Hutchins Telephone (978) 688-9545 Inspector of Buildings Fax (978) 688-9542 V. PRE-EXISTING/NONCONFORMING USE-M.G.L. c. 40A, §6 A. Zoning not retroactive - Building lots, structures and uses pre-existing zoning may be ŭƩğƓķŅğƷŷĻƩĻķ and not subject to new and more restrictive zoning. B. If zoning changed to more restrictive, property deemed a ƦƩĻΏĻǣźƭƷźƓŭ ƓƚƓĭƚƓŅƚƩƒźƓŭ ǒƭĻ and lot, building or special permit is grandfathered. C. Grandfathered status may apply to reconstruction of a structure or different or expanded use of property. D. 40A specifically grandfathers any lot for single and two-family residential use of minimum area of 5,000 square feet and 50 feet frontage not held in common ownership with adjacent land. Therefore, I do not believe this lot qualifies for an exemption and I ask the Board to not overturn my Denial of their Building Permit. Thank you Paul Hutchins Building Commissioner, Inspector of Buildings Town of North Andover