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HomeMy WebLinkAboutVariance Application - 17 Herrick - Application - 17 HERRICK ROAD 8/8/2019 PAGE 2 OF 4 NORTH AIVDOVER ZONING BOARD CIF AP P C;4_�r�ti�{' �&=�i�I�E: 1. Petiti©ner: kName *Agq, ddress and telephone numb��r�� for aVARIANCE *The petitioner shall be entered on the legal notice and the decision as entered above. 2. Owners of Land. dame, Address, telephone number, and number of years under this ownersfp: L I , a b l eC z a' Years Owned Land:. 3. Location of Property: a. Street: - Zoning District: it b. Assessors: Map number: i c. Registry of Deeds: BookNumber: I Lot Number: I �g �' Page Dumber; ItS 4. Zoning Bylaw Section(s)'* under which the petition for the Variance is made. 1 - -61 AMA LoT l *Refer to the Zoning Bylaw Denial and plan Review Narrative form as supplied by the Building Commissioner. 5. Describe the Variance request: A —44 The above description shall be used for the purpose of the legal notice and decision. A more detailed description Is required pursuant to the Zoning Board Rules and Regulations as cited on page 4,section 9 of this application,Failure by the applicant to describe the request clearly may result in a decision that does not address the intent of the applicant. The decision will be limited to the request by the applicant and will not Involve additional items not Included above. 6 A. Difference from Zoning Bylaw requirements: Indicate the dimensions)that will not meet current Zoning Bylaw Requirements. (Lines A and Bare in case of a lot split) Lot Area Open Space Percentage Lot Frontage Parking Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear A. l3 0 -22 B. Page 3 of 4 NORTH ANDOVER ZONING BARD OF APPEALS application for aVARIANCE .. 6 B. Existing Lot: Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq.Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 5 t ) f 6 C. Proposed Lot(s): Lot Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 6 D. Required Lot: (As required by Zoning Bylaw&Table 2) Lot.Area Open Space Percent Lot Frontage Parking Minimum Lot Setback Sq. Ft. Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear 7A. Existing Building(s): Ground Floor Number of Height Total Use of Number Square feet Floors Sq.feet Building's of Units** *Reference Uses from the Zoning Bylaw&Table 1. "State number of units in building(s), 7B. Proposed Building(s): Ground Floor Numberof Height Total Use of Square feet Floors Sq.feet Building* Number � of Units *Reference Uses from the Zoning Bylaw&Table 1. *State number of units in building(s). 8. Petitioner and Landowner signature(s): Every application for a Variance shall be made on this form,which is the official form of the Zoning Board of Appeals. Every application shall be filed with the Town Clerk's Office. It shall be the responsibility of the petitioner to furnish all supporting documentation with this application. The dated copy of this application received by the Town Clerk or the Zoning Board of Appeals does not absolve the applicant from this res onsibility, The petitioner shall be responsible for all expenses for filing and legal notification. Failure to comply with ap Ifcatio requirements,as cited herein and in the Zoning Board Rules and Regulations may result in a dismissal by the Zoning Bard of tit s application as incomplete, TarueSof , e abov -n me s here.' �t 17 Herrick Road,Variance Application NOTES AND REFERENCES: Assessors Map 16, Parcel 17 (0.194 acres per Assessor Record) N.E.R.D. Plan 8813B, Sheet 1 (Recorded Dec. 11, 1924)* Certificate of Title No. 1251 Zoning District R4** Required Setbacks: 30' front, 30' rear, 15' sides *Pre-existing non-conforming lot **Lot Area: required 12,500 sf; provided 8,450 sf (per Town Assessor, actual 5613 sf per survey) Frontage: required 100'; provided 50' Background for Variance Application: Lysa and Bill purchased the home with its three lots on 4/28/2000, and have lived there and raised their family for these 19 years, until the gas explosion incident of September 2018 caused massive and unsalvageable damage and the eventual need to raze their home. The Gibbs family of four was displaced into various temporary housing situations, which continue to this day. In the process they lost a generation of memories and their family cat. When they bought the house they understood that it straddled a combination of two of the three lots, which they understood was a single lot with the home, and also the additional undeveloped and separate third lot. In fact the home on its combined lot and the third independent lot were created by record a plan in 1924, and have distinct assessor map and parcel identities, and have been taxed separately and at substantial value all along. The vacant lot was, as far as they were concerned, an investment for the future, same as anyone else's 401 K or IRA account. They have paid their taxes, maintained the property, and been excellent neighbors and community citizens every step of the way. They are the kind of people we all wish we were and know we should be. So now they are trying to literally re-build their world. And as part of that task, and because the site is now in transition and being disturbed through no decision of theirs, they thought it would make sense, for them in their efforts to move life forward, as well as out of consideration for the neighborhood and in an effort to consolidate disturbance and change to a single continuous event, to sell the lot and have it put to productive use. And here they are trying to do just that. However, it happens that the lot does not comply with current zoning standards. Some may suggest that they should have known about the complex zoning rules—remember, they bought the property when they were a young couple around 30 years old...no attorney, appraiser, or other professional likely to have the knowledge provided guidance regarding the prospect of "lot merger".The Town assessors never combined the lots for the record or suggested that the vacant lot was really just "excess acreage" to a single home site, and should have been taxed at nominal amounts. It continued with its own map and parcel identity, with substantial value assigned and taxes billed and dutifully paid by the Gibbs for almost 20 years. So the suggestion that the "merger" rule is something that maybe the Gibbs should have known about or checked into is really unfair, since Town officials, lenders, attorneys and everyone else In the know really didn't know about or consider this "hidden taking" at any point over the last 20 years either. But to the specifics of the request: The three-lot site comprises 15,979 sf of area and 150 If of frontage. The attached map considers the three-block area as shown to essentially be the "neighborhood" surrounding the property. The property is pretty central to these three blocks, which total 26 lots with currently 25 homes.This pre- existing vacant lot scenario does not appear to exist elsewhere in the neighborhood, so appears unique. To simplify analysis, I have assumed the subject lot, as shown and applied for in the application, to be part of the sample. The average lot size is 6,924 sf. Frontages vary tremendously and are skewed because 9 of the 26, more than one third, are corner lots. Assessed values of the 25 other homes average$387,640. in the current 1=Y2020. The proposed home would value at$499,000., so approximately 29% above the neighborhood average. There are many ways to compare the proposed to the current scenarios. Here are a few of the many ways. The three-lot site is 2 1/3 times the size of the average lot in the neighborhood. If allowed two homes as proposed, it would result in an average lot for the two homes of 7,989 sf, which is still 15% larger than the average of the neighborhood, and the average of the two lots would be larger than 19 (73%) of the lots in the neighborhood . The proposed currently vacant smaller lot would be larger in size than at least 5 of the existing lots, and the proposed remainder lot with the Gibbs home on it, would still be larger than every other lot in the neighborhood. Some might suggest balancing the two proposed lot areas a bit more to further reduce the non- conformity, and that could be done...but to what end? The home that was and will be there is sited nicely and with a still-intact detached garage, and we know that a very attractive home can be designed, sited and built upon the proposed vacant lot with a comfortable yard and compliant setbacks...why mess with or compromise anything existing? In summary, the variance request is reasonable relative to the other lot sizes in the neighborhood, the proposed use and home would enhance neighborhood values, the proposed home complies with setbacks and would be of a size/scale/character to honor the neighborhood, it would eliminate the prospect of future disturbance by combining the construction of the replacement Gibbs home with a continuous one-time build of the new home,there would be no detrimental affect on the neighborhood, and most importantly it would be the right and just thing based on history of how this property has been viewed, treated, and taken care of over the years. 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AIN %� G1 s Oks OIL ONE,I In 0 71!V -zes-sor ;_dap 11 ?` _ � AM 21.0= 0314 a :Qii 2�,wa 0 \. aw ANN- \ - 1 0 22 CIQ C: \WE Property V-2 R ma ._, Omer GIBBS WILLIAM L � Alti �o � � r ` 1 C3 ��31= t� Q � )0-34- 0G0.0 = O'l l Q-004-5- v�� �y aw �" 6. ?� 431 ' Sub - 1 Cl/v/s/on of Land shown on plan Wiled with Cert of Title No. 1251 North..Registry District of Essex CoanJy 8 3 8 LAND IN NORTH 4#00V,ER sN��r'l Scale 40 feet to an inch JA V. 1923 2 ,George B Mefherbeo it., Civi/Engineer 1 prl �7/7A/l1 RD. `9 9 e g. 67.02 & 4 Isomsoo : { u3 t 5aa•.c'i'e• ' bait . `� tl �T y '50, a io I kraIT At JJ_ pry /t t y V Kcc 161- ... 4$<00- — `K x �ry RD« 1 V' Y a` c• 4 P.io P P a s ' 4 5 6 4 yr.e� p G K 0 a L 46,67 s 46.66 52.33 �'�/ 36,68 t VAT 67 5 T 28 q -Oj f fad 3�ytl3 's,. �y,g5 M '8 7 `> x +�, ,� ,.. • ao•, 1 0 r, U 49,6a 5A0 49.5P r.9rizs � amssw rrrr- ti• � s• ,� `� ,,.asap .63 . e} °� .�! ",� '��,� 4340 5100 .c9 �°� 4.�•_�'� � � as �oa ; . � . '^ � �, gip¢ g ��� ,�� �►.e ,� �;:'s',a�,"�u�r�,��^�r,1 �,,,,' � � �' ,,s��• 10$a8 �. I'YI�� 0 9 ;,, ., fig,¢$ :�•. .r*� , 4 s sg " p ,• t ..• mod '"" $p,$S s.� gym•w E•184:98 � r� SeriaraFe oorrlfi'cetos of.tlNe ma�y.,6e issu�rl for numL ntd.C vdiU' oas shrr,+» f09 C�nr;of A !� 6y'the Court'4 ! 1. iv— ks 11C2+} .r..• _.r�.:,.,,c.-sus..:..�.r..-,::.•4.:ur.�:C•-,!'". tia .:. :_..'..,E v�a'i SWEcT 17 RERRICK Property Record Card Parcel ID: 210M16.M17-0000.0 MAP: 016.0 BLOCK: 0017 LOT: 0000.0 Parcel Address: 0 HBpp€CK ROAD Fy. 2017 PARCEL INFORMATION Use-Code: 131 Sale Price: 250,000 Book: 00105 Road Type: T Inspect Date: 01/2512006 Owner: Tax Class: T Sale Date: 04/28/2000 Page: 0045 Rd Condition: P Meas Date: GIBBS,WILLIAM L Tot Fin Area: 0 Sale Type: L Cer€lDoc: DOC 72680 Traffic: M Entrance: Address: Tot Land Area: 0.191) Sale Valid: N Water: Collect Id: SGC 11 HERRICK ROAD Sewer: Grantor: JEREMIAH MORRIS Sewer. Inspect Reas: NORTH ANDOVER MA 01845 Exempt-B/L% 0/0 Resid-B/L% 100/100 0/0 Indust-B/L% 0/0 Open Sp-B/L% 010 LAND INFORMATION NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4 Seg Type Cade Method Sq-Ft Acres Influ-Y/N Value Class 1 P 131 S 8450 0.190 N 84,369 VALUATION[INFORMATION Current Total: 84,400 Bldg: 0 Land: 84,400 MktLnd: 84,400 Prior Total; 82,800 Bldg: 0 Land: 82,800 MktLnd: 82,800 Sketch Photo t 6 1 Dos Res II)EW Residential Property Record Gard REM Ick Parcel ID: 2101016.0-0O16-0000.0 MAP: 016.0 BLOCK: 0016 LOT: 0000.0 Parcel Address: 11 HERRICK ROAD FY: 2017 PARCEL INFORMATION Use-Code: 101 Sale Price: 250,000 Book: 00105 Road Type: T Inspect Date: 04/17/2008 Owner: Tax Class: T Sale Date: 04/28120NO Page: 0045 Rd Condition: P Mass Date: 0 411 7/2 0 08 GIBBS,WILLIAM M Tot Fin Area: 1724 Sale Type: P Cert/Doc: DOC 72680 Traffic: M Entrance: C Address: Tot Land Area: 0.240 Sale Valid: N Water: Collect Id: RRC 11 HERRICK ROAD Sewer: Grantor: JEREMIAH MORRIS Sewer Inspect Reas: C NORTH ANDOVER MA 01845 Exempt-B/L% O/D Resid-B/L'/o 100M00 Comm-B/L% Oro Indust-BAL°lo 0/0 Open Sp-B/L% ofo RESIDENCE INFORMATION LAND INFORMATION Style: CL Tot Rooms: 7 Main Fn Area: 918 Attic: NBHD CODE: 5 NBHD CLASS: 5 ZONE: R4 Story Height: 2.00 Bedrooms: 4 Up Fn Area: 806 Ssmt Area: 858 Sag Type Code Method Sq-Ft Acres Influ-Y/N Value class Roof: G Full Baths: 1 Add Fn Area: Fn Bsmt Area: 1 P 101 S 10375 0.240 N 174,849 Ext Wall: AV Half Baths: 1 Unfin Area: Bsmt Grade: DETACHED STRUCTURE INFORMATION Masonry Trim: Ext Bath Fix: Tot Fin Area: Foundation: ST Str Unit Msr-1 Msr-2 E-YR-Blt Grade Cond °t Good PIRER Cost Class Bath Qua]: T RCNLD: 149990 Kitch Qual: T Eff Yr Built: 197o G1 S 216 1988 A A 50///50 5,200 Mkt Adj: Heat Type: ST Ext Kitch: Year Built: 1927 VALUATION INFORMATION Sound Value: Fuel Type: G Grade: A Cost Bldg: 150,000 Current Total: 330,000 Bldg: 155,200 Land: 174,800 MktLnd: 174,800 Fireplace; 1 Bsmt Gar Gap: Condition: A Att Str Vail: Prior Total: 314,000 Bldg: 142,500 Land: 171,500 MktLnd: 171,500 Central AC: Y Bsmt Gar SF: Pct Complete: Att Str Va12: Att Gar SF: %Good P/F/E/R: /IOO1100/73 Porch Type Porch Area Porch Grade Factor E 49 P 32 Sketch Photo { \ / ` 49 31 7 .w RJ RA _ - sue` �G M14E4R �� �e���� 6 26 6 - - - - 20 81 11 - � 11 HERRICK ROAD