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HomeMy WebLinkAboutVariance - Application - 104 BONNY LANE 10/18/2022 TOWN OF NORTH ANDOVER VARIANCE ZONING BOARD OF APPEALS Town Clerk T i Stainp NAME: Patrick J. Gaffny ADDRESS OF APPEAL: 104 Bonny Lane 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 fj0j 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 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 shalt 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, 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: �t�9e3e��r4r�r9eekF�r��ririe��rFdr9rx4ieFiekek�tkk*�9rkkk�kx:��or�rir.rkirfer'e�xxiex�e�e9re4xies@Mks@iexY��eyF�F9tkirkakxak+r�rFsBeF+F�e�xx�exY IMPORTANT PHONE NUMBERS: 978-688-9533 Office of Community Dev.&Services 978-688-9501 Town Cleric'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 i NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 104 Bonny Lane»swimming pool HOW foot Non-:Disturlarlce Zone.witMir�Watarshed:Protectlon District, IMPORTANT: APPLICANTS MUST COMPLETE ALL ITEMS ON THIS FORM PETITIONER INFORMATION NAME: Patrick J. Gaffny ADDRESS: 104 Bonny Lane PHONE: EMAIL: If the petitioner and/or properly 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: 104 Bann Lane ZONING DISTRICT. III ASSESSORS PROPERTY MAP NO.:62 , LOT NO.:47 OWNER OF RECORD: Patrick J. Gaffney& Holly Din es DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT: BOOK: 16399 PAGE 64 OR CERTIFICATE NO.: RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter, etc.); Owner CURRENT USE: Single Family Residence PROPOSED USE: Single Family Residential PREVIOUS VARIANCE GRANTED: YES x NO DECISION NOJDATE:140-9014-3-1991 OTHER REGULATORY REVIEW: YES x NO IF YES,DESCRIBE STATUS: Conservation Commission-Order of Conditions pending result of variance request Planning Board-Special Permlt..pending result of variance request EXISTING CONDITIONS DESCRIPTION: Developed single family lot,46.209+1-S.F.with fenced-in yard behind dwelling- t_nt has_,3eaSements along three sides of the property(east,west and south sides). The east side of the lot is wooded and steeply sloped. There is a wetland resource (wetland)on the northerly side of the parcel. Page 2 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 1 Q4 Bonny,'.Lane:swamm ng po foot Nan Disturbance zone within Watershlad`Pro#edtlon District PROPOSAL DESCRIPTION I. Briefly describe all proposed changes to the structure(s)and/or use(s): -Propose.-to...construct.-an.-I,B'by-36'.inground--swimnung,,pool and patio-.behind.-the-,dwelling-and_with in,a-- fenced-in yard. Work will require minimal grading in area proposed. 2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition: ..Section-1.95..4.1-9..C,.(z.)(c),.:a..variance-to.-construct-awpe.rmanent-structure.within.,the:..hake-Cochichewick Watershed Protection District. 1 State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance dimensional requirements and proposed dimensional conditions: ,Proposed-.use..requires-a--variancem.to-construct-.a-permanent-structure..(in:.ground.,pooi) within-the,-.F.--. . 100-font Non Disturbance Zone of a wetland resource located within the Watershed Protection ...:e..n.,.:. �..,...:.,�v:...,:.x.., :. .ems_t"�.........YY_...,..y,.,..:.....,...,. n,�:,.r..-.... .:ym,. ,m�—.,,.cy n....:.:. :..�...�—:�.....-r.�a:.;-.. _.,�<,..r,�.,,,.,.-,+m.�...ace_-+..;..-..:...+,..�-,n:�.�.............g.-,,..,m..�,..r:..Q,,.....:..m....,..rM,.,:.::,:...,:. Overlay �istnct.` �n dimens�onal-refie#`is require��or ', urequeste, for.the wgrk, . 4. Identify and describe all plans and supporting documents being submitted with this variance petition: APIen_Utl,e.c,e ..........,. Consultants, Inc, for Patrick J. Gaffny. Page 3 of 7 NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 1t?4 IonnyLahe swimming pool in 1Q0-feat Nan Disturbance Zone uvithin Watershed ProtectEOi Dlstrick SUPPORTING STATEMENT EACHOF FOLLOWING REQUIREMEN7S FOR A VARIANCE rIWST HE ESTABLISHED A AID SET FORTH IN COAMETE RETAIL 13'1' THE APPLICANT INACCORD ANCE 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: SoiLo elo lacormlaciaedD tIL utis-nof.maWctiue;-hnwp-v.er,e.thar"remsevceraL.easements-encumberinglbe-.imE2arLy and the portion of the lot not within the Non Disturbance Zone and the easements consists of steep slopes(15%+1-or steeper . The Eot also has an unusual shape. The combination of the lot's soil, shape and topography is unique. 2. Specify how the circumstances do not generally affect other properties in the zoning district: Jhe_cnmbinatba-oD .e,.iot:s xpe_.soil,..aha WpogmpbLy-aion�i tba-pmsence oL thpleveasemerais-acad a..__�� wetlands resource area does not generally affect other properties In the district and creates a unique circumstance on the ,lot:-eonversely,the-proposed-pooFis-a~typical-residential-improvement-allowed-by~zoningmin=residential-distdct"nd~not— an unusual or uncommon use. There appear to be several existing pools In the neighborhood north and east of the lot. 3.Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial hardship to the owner: .DeniaLwouk depdveAbe,.applicaDthomea.owneLoLa-typpical...and,..ualuabEe...Em.pmv emt Aohis_prnpedy,..a&weILas.the.loa,s— of the opportunity to enjoy the proposed pool and its health and recreational value. The proposed pool is a typical use -allowed~for-many vther~residents~Inntown;but•requires-a~variarrcwhenrsimply,due-tcr°its°location°withinmtl o-overlay~dlstdct-- and does not pose a negative impact to the watershed district. 4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use of the land or structure: -kmadanmwoulcLper mLLthe_cnristrur km-of.a..paoLandapaik4- masGwbl-use-foLaTamilMn-a,po km-of.Ahe-tca"tmady-- fenced and improved as lawn, and in an area with flat topography requiring minimal grading, while avoiding disturbance of -stee"lopes�-As-proposed there wouldmbe'-n"egativeaimpact®tomthe-watershed-district-an,d-the-projectl"onsistent,with--° the purpose of the district's requirements. 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 c, NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 104 Bonny Lanerswimming pool in 100-foot Nora Dlsturbance Zane.witbin Watershed Protection D1striet Jh"mp,osed-work is_we.tLnuex 4.O.Q feeetofr m-Lake-Cochichewir-k,mgeneerating.little-ruroff-and,iLallowadAabe,constrtwted- where proposed, minimizes disturbance of topography and wooded vegetation. As proposed, there would be no negative impact to the watershed district and the project is consistent with the purpose of the district's requirements. 6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the public welfare: jhe work.isiniha-backaftbe_dmilingaand.hiddenJrarnmthe..sk .y theJuse..and-w.aaded-ridge-south.ofAheWworis.,-The— pool will be fenced in, in compliance with code, for the general public welfare. As noted earlier, there are several existing -pools-irrlherneighborhood AAs-proposed;-there°would-bewno-negativL-impact-ta-the-watershed-dist-rict-and-the-project-is— consistent with the purpose of the district's requirements. 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. n/a n/a nla % n/a nla n/a nla n/a nla B. n/a n/a nla % n/a n/a n/a n/a n/a n/a 7B. Existing Lot: Mininiurn Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage Feet Spaces Front Side A I Side B Rear 46,209 n/a n/a % n/a n/a n/a nla nla n/a 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 n/a n/a n/a % n/a nla n/a nla n/a n/a n/a n/a n/a % nla n/a nla nla n/a n/a 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. Covera a Feet Spaces Front Side A I Side B I Rear 87,120 n/a nla % n/a n/a n/a n/a I n/a In/a Page 5 of 7 ,4 I i I NORTH ANDOVER ZONING BOARD OF APPEALS peti3on for a VARIANCE 9 04 Bonny line-swimming pabi in I00-foot Non Distubance Zone within Watemhed Protedon District SA. Existing Buiding(s); Ground Floor Sq. Number of Total Sq. Number Ft. f1aols lC i& 1 PL 11 ��I�ma� ao ¢gads 2,200+1- 2 ? 3,630+1- ale tamfly residenm 1 *Statennnuber ofunits in building(s). 8B, Proposed Building(s): Ground Floor Sq. Number of 'Total Sq_ Number Ft Floats T>(oigbt Ft_ Use ofBuildine of Units* 18'x W pool nta nla 648 recreation/vMmming i *Ref-==Uses from the Zoning Bylaw&Table 1. �*State xaumber ofunits in buiiding(s). FROPERTY OWNER CONSENT,CERTMCATION&S]iGNATURE (Signakrres of Pefi loners)are requr'red) 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,)grmt permission for officials and employees of the Towa of Not*AMover-to acoess my property for the purposes of times peffion; 2. 1(we) certify that I(we)have read the Board's Rules and Procedures before submittal to ensure the j 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)knowledge and belief. X 3 (1'etitioller Signature) (Date) (Petitioner Si ) ¢]ate) ffApprxabk-- Namo of Attorney/Agent for Applicant: Address ofAttomey/Agent: Phone Number ofAttornaylA�gtmt Email Address of Attorn*Agmt; NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE 104 Bonny L'ane-swl'mming paoi in looE fast Nara;Disturbance Zbne within Watershed:Proteation©istrict . 9. PLAN OF LAND G. .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. Mirror 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/an(l/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 1I). 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 *9.B. Plan Specifications: four 94)sets of mailing labels no larger than 1). Size of plan: Ten(10)paper copies of I"x2-5/8"(Three(3)copies for the Legal,and a plan not to exceed 11"x17", one(1)copy for the Decision mailing). preferred scale of 1"=401 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: I. North point 2. Zoning distriet(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