HomeMy WebLinkAboutVariance Application - Application - 34 Wentworth Avenue 10/14/2021 TOWN OF NORTH ANDOVER VARIANCE
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ZONING BOARD OF APPEALSa #' =;;_u.,
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Town Clerk Time Stamp
NAAR:Jonathan Grasso
ADDRESS OF APPEAL:34 Wentworth Avenue Lot 110) Borth Andover, MA
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 LL01 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 a lication as mcom lete. 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 Hoard Rules and STEP 7:DEI RY OF LEGAL NOTICE TO
Regulations and is not meant to supersede them. The NEWSPAPER:
etitioner will com Iete 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:AD ISTRATOR PERMIT DENIAL. local newspaper for publication.
The petitioner applies for a Building Permit and receives a
ZON MS:
Zoning yaw Denial form completed by the Building STEP$•PUBLIC
HEARING BEFORE THE ING
Commissioner, BOARD OF AP PEALS•
The petitioner should appear on his/her behalf,or be
STEP 2:VARIANCE APPLICATION FORM: represented by am 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.
MP 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
j STEP 4:OBTAIN LIST OF PARTIES IN INTEREST: petitioner and all Parties in Interest.Any appeal of the Board's
4 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 Cleric.
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 I 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:SCHEDI ING OF HEARING AND Department.
PREPLRATION 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
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
LWORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME: Jonathan Grasso
ADDRESS: 865 Turnpike Street,North Andover, MA 01845
PHONE: 978-688-8895 EMAIL: Jonathan@grassoconstruction.P)Ot
If the petitioner and/or property owner is a company,corporation or other entity,a list of fhe names and addresses of the
Principals,officers and/or managers must he attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 34 Wentworth Avenue(Lot 110)
ZONING DISTRICT: R4 ASSESSORS PROPERTY MAP NO.:67, Parcel 2 ,
LOT NO,:110
OWNER OF RECORD: Patrick V. I_aFrance,68 Highland Avenue, Hudson, NH 03051
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 15155 PAGE 189 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e, owner, abutter,etc.):
Under purchase contract with owner
CURRENT USE: Vacant
PROPOSED USE: Single family residence
PREVIOUS VARIANCE GRANTED:YES NOx DECISION NO.1DATE:
OTHER REGULATORY REVIEW: YES—NO—IF YES,DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
Existing lot is undeveloped,vacant lot.
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):
Applicant proposes to construct a two-story single family house(ZJx!35')on the Locus,to match the general appearance
ej e_e c t egJ3,Q_ine_s_QaAeaw-ahA%mu-e.--_-- -
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Chapter 195,Table 2 and Section 7, Subparts 7.1,7.2, 7.3 and 7.8
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Per Table 2 of the Zoning Bylaw and the exemptions afforded under Section 7.8(for lots predating Jan. 1957),Applicant
seeks reIi6f a� ows: - — -
PROPOSED UNDER EXEMPTION PER TABLE 2
Side Yard (Left): Proposed: 1?..2. Per Section 7.8: 12' l Per Table 2: 16' T
Side and (Rt): Proposed:,l�-,3 ,� Per ectiDn 7.8: 12' -_s Per Table 2: 16
•farontage��.-.,__rriproposed:�47:5�=Per Sec#ton 7.8:�50'.�_._��,Per Table��--4QQ'=-----..��.,��.=s�.��_-==y----------�,
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
See next page
Page3of7
NORTH ANDOVER ZOM VARIANCE-----
NG-BOARD_OF APPEALS petition for
-"
Accompanying this petition, is Plan of Land in Forth And ver, MA"Showing Proposed House#34 Wentworth Avenue,"
rc ar lams, R i iiam&Sparages,dated A
Lei_ _ _. sae en i Plan H h a V'e rk, l�,,..-Se_a @.a C E. ss_e� h- a `st of Dee s-BaQ —
320, Plan 800 and Deeds dating back to 1918, /Wb 1Z jeN v(LTq A-Vp s D t1� �, r� 2i,
�Nwv�,n��ti 2sr F�t� I 'VVa, SUaN-�, awk d'iAti, �-gurrt EtcvA--noO, 2�-Ait Et. v►�v�►�
,;iUt;✓ (IJPQTH , /#} o 5i.bC O Piwn
SUPPORTING STATEMENT
EACH OF FOLLOWING REQUIREMENTS FOR A VARL4NCE,MUST.BE ESTABLISHED AND SET FORTH INCOMPLETE DETAIL BY
THE APPLICANT INACCORDANCE 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:
See attached Supporting Statement Memo
2. Specify how the circumstances do not generally affect other properties in the zoning district:
See attached Supporting Statement Memo
3.Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
See attached Supporting Statement Memo
4.Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
See attached Supporting Statement Memo
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
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE--
See attached Supporting Statement Memo
b. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
See attached Supporting Statement Memo
7A.Difference from Zoning Bylaw requirements: Indicate the dimensions)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• Diff.of 453 SF N/A % Diff of 2.5' NA Diff.of 3Diff.of.2'
B. %
EI I I
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 D Rear
4,547 sf 4,547 sf % 47.5'
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covera a Feet Spaces Front Side A Side B Rear
4,547 sf 18.47% % 47.5 30.1' f Z.2' l2.3 30.0'
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
5,000 SF*/12,5 NA % 501/100, 20730' 12'/15' 12715' 20730'
Page 5 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
.Per.Sectto r7:8 Eiceiript c1 . _f'a3r Iatsle 2 -
8A.Eidsting Buffftg(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors gogbt Ft. Use ofBuddige of Units'
NIA
1-77 i i i
'0Re&renees U8ea ttom the Toning Bylaw&Table I.
•*Slate number ofut tsinbuilding(s).
8B.Proposed BuRding(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Buildine of Units*
$OSSF 2 2V 1,610 SF Residential-Single Family 1
'Reibremes Uses from the Zoning Bylaw&Table 1.
**State munberof units In buildin8ft
PROPERTY OWNER CONSENT,CERTIFICATION&SIGNATURE
Mpaturesofftwaner(s)W-0requk4)
I am(we are)the owner(s)of the property subject to this variance petition and I(we)consent and certify as
follows:
1. 1(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
bast of y ur)r1red :d be ' f.- � �
(Petitioner Sigtature) (Date)
X 1
(Petitioner Signature} (Date)
IfAppNcable:
Name of Attorney/Agent for Applican0onathan Grasso,Grasso Construction Co.,Inc.
Address of Attorney/Agent:865 Tumpike Street
Phone Number of Attorney/Agene978-688-8895
Email Address of Attorney/Agent:Jonathan@grassoeonstruction.net
Page 6 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
E
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
I). Five(5)or more parking spaces, identified in M.G.L ch.40A§11 on abutters list
11), Three(3)or more dwelling units, for the legal notice check. Also,the applicant
III).2,000 square feet of building area. shall supply fast 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 plan: Ten.(10)paper copies of 1"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed I 1"xl7", 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.
I). Site Orientation shall include:
1. North point
2. Zoning districts)
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
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Supporting Statement—34 Wentworth Avenue of 110
Introduction
The property at 34 Wentworth Avenue (the "Locus") is presently an undeveloped lot
located in the R-4 Zoning District under the North Andover Zoning Bylaw.
The Locus was created per a recorded subdivision plan of land titled Highland View
Park,R.W. Seaman, C.E, dated March 6, 1906 and recorded in Book 230, Page 600(Plan#358)
at the Essex North Registry of Deeds(hereinafter,the"1906 Highland View Plan"). The
property is shown as Lot 110 on the 1906 Highland View Plan. A copy of the same is attached
as Tab 1. The lot predates both the State Zoning Act as well as the North Andover Zoning
Bylaw.'
The Locus has been owned by the LaFrance family for more than a century. By deed
dated November 25, 1918, Oliver E. LaFrance acquired Lot 110 from Edmund W. Warren and
Trustees. That deed is recorded at the Essex North Registry of Deeds, Book 395, Page 553 and
attached hereto as Tab 2. In 1968, Oliver LaFrance conveyed the Locus to Vincent P. and Anita
L. LaFrance,by deed recorded in Book 1133, Page 243. At no time since acquiring Lot 110
(Locus) has the LaFrance family ever owned either of the abutting lots created by the 1906
Highland View Plan, i.e., Lot I I I (now known as 30 Wentworth Avenue)or Lot 109 (a portion
of the property known as 40 Wentworth Avenue).
.1. ,Description of the special circumstances related to soil conditions the shape or the
tonoaraphy of the land that are unique to this p,cel.
The Locus is a narrow, rectangular parcel having just 47.5 feet of width throughout. The narrow
shape of the lot arose from the subdivision of the Highland View Park lands at a time when zoning
did not yet exist. At the time that the Locus was laid out(1906) and, thereafter, conveyed out to
the LaFrance family (1918), there was no minimum area or frontage requirements as a zoning
ordinance had not yet been adopted. By the time of North Andover adopted zoning, the Locus
was a non-conforming lot in separate ownership.
The Applicant proposes to construct a single family home of modest proportions in the center of
the lot. The proposed 23'x35' dwelling would be set back 30 feet from the front and rear yards.
With respect to the side yards, the setbacks will be greater than 12' to maintain compliance as
described in Section 7.0
With the exception of the Locus,the entirety of Wentworth Avenue is improved with single family
(tomes. Notably, while the direct abutters to the Locus have residentially developed parcels, both
of those developed parcels (40 Wentworth Avenue and 30 Wentworth Avenue) are located on
'North Andover adopted its first zoning ordinance in+94-- l qS 6
Section 7.8(A)provides an exemption for preexisting nonconforming residential lots created prior to January 1957.
Otherwise,under the side yard setback requirements established under Table 2 for the R-4 district,the proposed
structure would require a variance of 3.2'and 3.3' for the 15' side yard setback otherwise applicable in the R-4
District..
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nonconforming parcels, with, frontage insufficient to comply with the required 100 foot frontage
requirement under Table 2 of the Zoning Bylaw. While 40 Wentworth Avenue has more than 50
feet of frontage(as required under the exemption of Section 7.8(A) which allows for pre-1957 lots
to possess only 50 feet of frontage),the property at 30 Wentworth Avenue only has approximately
47 feet of frontage.3
As such, it is not otherwise possible for Mr. LaFrance,owner of 39 Wentworth Avenue,to acquire
an additional narrow band of property from either of his neighbors to satisfy the frontage or land
area requirements of a pre-1957 lot under Section 7.8,as the neighboring properties cannot reduce
their lot areas and render their nonconforming lots more non-conforming.
2. S eci how the circumstances do not generally affect other properties in the zonin
district.
The other properties in the immediate vicinity of Wentworth Avenue and its adjacent streets,
including those such as Prospect Street,have been residentially developed. However,the
majority of those properties,those which were also originally laid out in the 1906 Highland View
Plan,were either originally sold or acquired as double lots, such that the properties could
establish the 50 foot frontage and 5,000 square foot land area requirements of Section 7.8.
There is no ability for the LaFrance family to acquire an adjacent parcel or portion of a parcel;
instead, the family acquired the lot at a time when there were no public restrictions on the land
by means of zoning.
The requested variance relief will allow for the construction of a single-family dwelling in like
appearance to the dwellings which presently exist in the neighborhood, in particular to the
adjacent parcel at 30 Wentworth Avenue, which is nearly the same lot area and frontage as the
Locus.
3. Explain how literal enforcement of the North Andover Zoning Bylaw vMI result in a
substantial hardship to the owner.
Without variance relief as requested by Applicant, there is no viable use of the Locus. The
owner of the Locus, as well as his preceding family member owners of the Locus,have been
assessed taxes based on a land value as a developable parcel. According to the records of the
Assessor's Office,the Locus has been assessed as"buildable land"(Cade 130) since at least
1992. While the designation was adjusted beginning in 2020 as"potentially buildable"(Code
131), the assessed value of the land($202,800) was exactly the same as if it were valued as
s 30 Wentworth Avenue is shown on the 1906 Highland View Plan as Lot 1 11; it too had remained in separate
ownership since it was conveyed out from the Edmund Warren Land Trust to one Margaret J.Perkins in 1918.
Essex Registry of Deeds, Book 392,Page 28. The property at 30 Wentworth Avenue, while it is slightly smaller
than Locus in terms of lot area and frontage,was issued a building permit and thereafter residentially developed
with a single family dwelling in 1973. Upon information,the construction of tliat dwelling was approved as of
right,despite the fact that the frontage was less than 50 feet and lot area less than 5,000 SF.
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buildable. As such, the owner and his family predecessors will suffer substantial hardship for the
nearly decades worth of real estate taxes assessed upon them as if the land were buildable land.
Further, without a grant of the requested variance relief, the Locus has no real value to the
property owner or to any purchaser of the same. The nature of the variance relief sought is to
allow a modest residential dwelling to he constructed on the residentially zoned lot. Unlike a
variance which is sought that, if denied, would result in a smaller dwelling, or one located in a
different location on the property,the nature of the relief sought through this petition is such that
if denied,there is no ability for one to use the residentially-zoned land.
4. Explain how the proposed variance is the minimum change that is necesspa to allow for
reasonable use of the land or structure.
The proposed dwelling structure, as shown on the site plan, is a modest structure sized at 23' x
35'. The dwelling is situated such that the front yard and rear yard setbacks are maintained at
30.0' and 30.1',respectively and no variance relief from front or rear yard is necessary.
The 23' width of the proposed dwelling matches the adjacent dwelling width at 34 Wentworth
Avenue, and allows for the side yard setbacks requested to be 12.2' and 12.3',which are greater
than the side yard setbacks required under the pre-existing lot exemption provisions of Section
7.8. (Alternatively, under Table 2, the side yard setback in the zoning district is 15').
With respect to the lot's frontage and area, the Locus has 47.5' of frontage, for which a variance
of 2.5' under the provisions of Section 7.8 are requested and 4,547 sf of land area, for which a
variance of 453 sf is sought from the 5,000 sf minimum lot area of Section 7.8(A) is requested.
The proposed dwelling is consistent with the surrounding neighborhood,which consists of
smaller lots and appropriately scaled homes. The proposed dwelling will be very much consistent
with the size and scale of 30 Wentworth Avenue, a lot which has the same land area as
Applicant's parcel.
5. Ex lain 3yhy grantingthe No posed variance will be in harmony with the RgWose and
intent of the North Andover Bylaw.
Per Subpart A of Section 7.8 of the Bylaw,"[t]he residential lot areas and frontages above required
and listed in Table 2 shall not apply in any Residence District to any lot of less area or less frontage
than above required if such lot is not adjoined by other land of the same owner, available for
combination with or used in connection with such lot, provided that the applicant for a building
permit on any such lot shall show by citations from the Essex County Registry of Deeds
incorporated in or attached to such application that such lot was lawfully laid out and duly recorded
by plan or deed prior to January 9, 1957, and provided that on such a lot there shall be kept open
and not built upon a front yard and a rear yard,each not less than 20 feet deep,and two side yards,
each not less than 12 feet wide; and further provided that such lot shall have a minimum street
frontage of 50 feet and a minimum lot area of 5,000 square feet." The requested minor variances
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sought from frontage and lot area directly result from the layout of the lot, more than a century
ago, at a time when there was no Zoning Bylaw in place and no state Zoning Act.
Two purposes of the Town's Zoning Bylaw,as explained in Section 1.1 are to encourage the most
appropriate use of land and to conserve the value of land. See Section 1.1(A) and Section 1.1(C).
As has been stated by the Supreme Judicial Court, in interpreting the related provisions under
M.G.L ,c.40A, §6, the exemption "is concerned with protecting a once valid lot from being
rendered unbuildable for residential purposes"Adamowicz v.I swicli 395 Mass.757,763(1985).
The layout of this neighborhood is such that small-sized lots are a hallmark of the neighborhood.
In addition to the adjacent lot having nearly the exact lot area and frontage of the Locus, similar
examples are also found on the adjacent streets such as Prospect or Moody Street. The requested
variance relief will allow for productive use of the land, in a ►Wanner that is consistent and in
harmony with the surrounding residential neighborhood. Further,under Section 1.1(C),the North
Andover bylaw seeks to conserve land values. Here, as stated above, the Town continuously has
assessed the Locus as a buildable parcel;through the variance relief requested,the property owner
will similarly be able to realize the value of the land.
The request for relief in this petition is grounded in fairness to the landowner and to protect a
landowner's expectations of being able to build on its once-valid lot.
6. . Describe the impact on the neighborhood_and how it will not be detrimental to the
neighborhood of public,welfare.
The proposed single family dwelling is of a similar design, scale and construction to existing
single-family homes in the neighborhood. Similar to the abutting property at 30 Wentworth
Avenue,the proposed dwelling is aligned with the look, feel and scale of the surrounding
community.
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