HomeMy WebLinkAboutVariance - Application - 39 RICHARDSON AVENUE 9/14/2023 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS 1,, o
ICE
PVj I:Tpon Clerk rime Stamp
NAME:Beverly Spicer
ADDRESS OF APPEAL: 39 Richardson Ave. rL, RV
ER
Procedure & Requirements
for an Application for a Variance
Twelve(1M)copies of the following information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty aQ 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 Or, 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 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 fonn. After the hearing and decision, a copy of the Board's decision
will be tiled 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 wade pursuant to Massachusetts General Law
certified list of Parties in Interest(abutters), ch.40A, § 17,within twenty(20) days after the decision is pled
with the Town Cleric,
STEP 5: SUBMIT APPLICATION: '
Petitioner submits one(1)original and eleven(11)copies of all STEP 6, RECORDING THE DECISION AND THE
required information to the Towii 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,
1 1 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 b: SCHEDULING Oli HEARING AND Department.
PREPARATION OF LEGAL NOTICE:
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IMPORTANT PRONE 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
NORTH ANDOVER_ZONING BOARD OF APPEALS petition for a VARIANCE
I AM.PORTAN` , APPLICANTS N1tJ87' C0'fV.1PLE'1'E A.LL ITEMS OIL THIS DORM
PETITIONER INFORMATION
NAME: BeverlySpicer
ADDRESS: 39 Richardson Avenue
PHONE: 508 265-9647 ENTAIL: baspicer22@gmail.com
IJ'the pelitiouer andlor property owner is a company,emporaliorr ar other entity,a list of the mitres and athlresses of'the
priaciprrls,uf/icer:s and/or managers must be attached to dris form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 39 Richardson Avenue
ZONING DISTRICT: 4 ASSESSORS PROPERTY MAP NO.:31 ,
LOT NO.:19
OWNER OF RECORD: Beverly Spicer
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 13138 PAGE 19 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc.):
owner
CURRENT USE; single family residental
PROPOSED USE: same same
PREVIOUS VARIANCE GRANTED: YES NO DECISION NOJDATE:
OTHER REGULATORY REVIEW: YES X NO—IF YES, DESCRIBE STATUS;
building permit application 1 denied
EXISTING CONDITIONS DESCRIPTION:
well maintained single family structure with attached single car garage on substaintaly level improved lot
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for aVARiANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
applicant wishes to add a sinle bay garage to the existing single bay garage
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
R4 district Zbnin§ Table,specifically side setback
995-7,3(B) Yards (setbacks)
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
non-conformity is not an unknown in the zoning districts of North Andover, This parcel is non conforming in its entirety.
this applicant is.seoking..reli.et from.tile.mini.mium.side.yard.setba.ek_of 15,0:ft.,the..e.xistan non-cpn:farmaty,.i,s,.at
The granting of this variance will result in a minium setback of 5.9 ft. at the rear corner of-the proposed addition you will
see in other supporting documents that in some abuuters instances there is no setback.
it is noted that at,the proposed pinch point of 5...9 ft,the nearest adjacent structure is 62.7 ft +.._away, see
as seen in the fold out street key. _
4. Identify and describe all plans and supporting documents being sttbmitted with this variance petition:
1. in addition to all documents required by the applicant you will also find the immediate abutters letters of endorsement
and approval.
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for aVARIANCE
2 ,find the fold out street key with photos that is offered only to demonstrate that where non-conformity exists there have
been no s afety issues created,the esthetic of the neighborhood has not been affected, all have and continue'to live"in
harmony and good will with no diminuation of property values,
SUPPORTING STATEMENT
E4C'11 O FOLLOIVIAG REOUIHE:11EAT,S'FORA VARL-INCL•'.SIUST BE L''S'TABLLSHL:U.INDS'ET FORTH PV COMPLETE DETAIL BY
THE'APPLICANT INACCORDANC'E WITII G.L. C'. 40A,,q 1(1.
.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:
there are no special circumstances other than at its inception a non conforming lot with structure were created
2. Specify how the eircuntstances do not generally affect other properties in the zoning district:
no known affect
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
a denial would result in the applicant s inability to make full and complete use of their property to provide the badly
needed addiflo' n-a"ll enclosed secure garage bay. m...,. _.. _ .._.. ...
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable nse
of the land or structure;
an examination of the plot plan reveals that the right side is the only practical location for the additional garage bay without
any detrimental affect on-the immediate.abutte,r.wbQ.will remain,more then,6.Q.0-ft,.away,._
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 aVARIANCE
at the heart of the North Andover By Laws is the underlying goal of assuring all residence of the preservation of the criteria
Oat regiilates'the' standards that allow for conf&maty in the'consisfant use of a site while corripfiant`to'1he risaster plan',
achieve compatably.with.the.established uses-in a neighborhood while.complimenting and rei.nforeing the..design.features. .
of a neighborhood, thus preserving the neighborhoods value.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
the impact will not be detrimental at all, but aesthetically benefical with the elimination of on street or open space off street
parking.'
7A. Difference from Zoning Bylam, requirements: Indicate the dimensions) that will not ineet 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. Coves e Feet Spaces Front Side A Side B Rear
A. % 5.9 ft.
B. °i"
7B. EXisthig 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
7841 5608 18.7 94.52 1 30. 18.9 13.9 38.4
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
. ...................
7D. Required Lot: (As required by Zoning Bylaw &Table 2)
Mlrlinumt Lot Setback
Lot Area Sq. Ft. Open Space Percentage t-oL Frontage Parking
Sq.Ft. Coverage Feet S aces Front Side A Side B Rear
"/o
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for aVARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
1273 1 20 1273 single family res. 1
*Rererences Uses from the Zoning Bylaw&Table 1,
State numbetorunits in buiiding(s).
8B. Proposed Building(s);
Ground Floor Sq. Number of Total Sq. 1\tumber
Ft. Floors Height Ft. Use of Building* of Units*
1433 1 20 1433 single family res. 1
*References Uses from the Zoning Bylaw&'fable 1.
"Slate number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(.Sigitufm'es of Pefifiotrer(s)are rer1trlt•ed)
I atn (we are) the owner(s) of the property subject to this variance petition and I (we) consent and certify as
follows:
l. 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 (ottr) petition;
3. I (we) certify that all the statements within this application and attachments are trite and accurate to the
best of nay (our) knowledge and belief.
X (Petitioner ignat- &) (Date)
X
(Petitioner Signature) (Date)
f Applicable;
Name of AUwt4,--y/Agent for Applicant:Peter A. Sierpinski
Address of-A nay,,1Agent:24 Wedgewood Drive Londonderry V.H. 03053
Phone Number of,4W—z�y/Agent: 603 235-2118
Email Address of rrrr-yiAgent: petersandfox@cotrlcast.net
Page 6 of 7
NORTH ANDOVERZONING 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) clays prior to the public hearing before the 9. D. Minot' Projeel
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 sonne cases
Architect nnay 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#r of all parties in interest
1). Five(5)or more parking spaces, identified in M.G.L ch, 40A§I I on abutters list
11). Three(3)or more dwelling units, for the legal notice check. Also, the applicant
111).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 1"x2-5/8"(Three(3)copies for the Legal, and
It plan not to exceed I 1"x17", one(1)copy for the Decision mailing),
preferred scale of 1"=40'
11). Plan shall be prepared, sta€aped and 10.C. Applicant shall provide a check or
certified by a Registered Professional money order to: "Torun 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 i 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.
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.
11). 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