HomeMy WebLinkAboutVariance Application - Application - 327 SALEM STREET 3/13/2023 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
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NAME:Lynn McLoughlin and John McLoughlin
ADDRESS OF APPEAL:335 Salem Street
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 JUO 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 a2plication 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 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 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 S: 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 PLAINS.
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; 1 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;
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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
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Lynn McLoughlin -335 Salem Street
IMPORTANT, APPLICANTS Mt.lST COM111,E't`E AIA, iITEAM S ON T IS FORPY1
PETITIONER INFORMATION
NAME: Lynn McLoughlin and John McLoughlin c/o Johnson&Sorensteln,LLC
ADDRESS: 327 Salem Street, North Andover, MA 01845
PHONE: 978-475-4488 EMAIL: mark@jbllclaw.com
Tf the petitioner attel/or proper(jf 0Ivner IV a Company,empora lon or other car 0(v,o list of lire names raid addresses of the
principals,officers and/or managers must be aarrefterl to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 335 Salem Street
ZONING DISTRICT: R3 ASSESSORS PROPERTY MAP NO.:37D ,
LOT NO.:54
OWNER OF RECORD: Lynn E. McLoughlin &John T. McLoughlin
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 8788 PAGE 58 OR CERTIFICATE NO.:NIA
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner
CURRENT USE: Vacant Land
PROPOSED USE: Single-Family Home
PREVIOUS VARIANCE GRANTED: YES NOX DECISION NO./DATE:
OTHER REGULATORY REVIEW: YESX NO—IF YES, DESCRIBE STATUS:
Petitioner has filed contemporaneously herewith appeal of the Building Commissioner's denial dated
March 7, 2023, concerning 335 Salem Street,
EXISTING CONDITIONS DESCRIPTION:
Vaant I qnd
Page 2of7
NORTH ANDOVER ZONING BOARD OF APPEALS-petition for a VARIANCE .
Lynn McLoughlln -335 Salem Street
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
.Petitioner seeks.a determination from the Board of Appeals that Lott on the enclosed site plan (335 Salem Street)
contains more"contiguous buildable area"than is required under the Zoning Bylaw.As such, Petitioner requests the Board
of Appeals overturn the Building Commissioner's contrary determination-dated March 7, 2023. See Finding Application
filed contemporaneously herewith.
In the alternative, Petitioner requests a variance from the minimum contiguous buildable area requirement of the Zoning
Bylaw(allowing development of Lot 1 with contiguous buildable area of 61.6% of the minimum lot area requirement, where
the Zoning Bylaw requires contiguous buildable area of 75% of the minimum lot area requirement). Petitioner seeks to
construct a single-family dwelling on Lot 1, which is currently vacant land.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Sections 19.5-7.1(A)& 195-1.0.8(A)&(B)
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Under Section 195-7.1(A)of the Zoning Bylaw, newly created lots.in the R3 Zoning District must contain 18,750 square
feet of"contiguous buildable area" (i.e., 75% of the minimum lot area requirement of 25,000 square feet). Petitioner
submits that Lot 1 contains more than 18,750 square feet of contiguous buildable area,having 25,360 square feet of
contiguous buildable area, as the same is defined under the plain language of the Zoning Bylaw(I.e., land that is not
located within a wetlands resource area as defined under both. the Massachusetts Wetlands Protection Act and the North
Andover Wetlands Protection Bylaw); however, the Building Commissioner has issued a contrary determination.As such,
Petitioner hereby requests, pursuant to Section 195-10.8(B)of the Zoning Bylaw, that the Board of Appeals overturn the
Building Commissioner's decision. Petitioner submits this application and the separate finding Application as a "Notice of
.Appeal" under said Section 195-10.8(B). Please see the Addendum to Application, attached to the Finding Application, for
Petitioner's detailed analysis of"contiguous buildable area"under the Zoning Bylaw.
Alternatively, Petitioner requests a variance -under Section 195-10.8(A)of the Zoning Bylaw-from the requirements of
Section 195-7.1(A)of the Zoning Bylaw, allowing Lot 1 to contain contiguous buildable area of 15,400 square feet,where
the Zoning Bylaw requires contiguous buildable area of 18,750 square feet.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Site Plan; Elevations; Finding Application; and Letter from John Sullivan; PE, to Paul Hutchins dated
November 1, 2022
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a-VARIANCE
Lynnw&oughiirt -335 Salem Street
SUPPORTING STATEMENT
Cif CIi OF FOL LOii'lii'G REQUIRErYILNT;S!OR A VARIANCE AI UST BE GST'f113U SHOD AND SET MIMI IN CO&IPLIi M D T4IL 13 V
THEri PPLICANT liV ACCOIIDANCE If'1TIl Ci.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:
:The.property_is located_within-close.,proximity_to..wetlande,.:This.condition..is_not_general.1.y_.fourid._on..pr_operties,throughouL.-__-,.
the zoning district,
2. Specify how the circumstances do not generally affect other properties in the zoning district:
.The proper#y.is.loca_ted,.within.close,pr_oximity_to.wetiands`This..00ndition is_not_generally.,found.on,propertles_throughout___.._,
the zoning district,
3.Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
_Unless_the.Board_of.Appeals,determines_theproperty_to-be.deficientas,to_contiguous_buildable_area,.the_proposal_meets.. ,
all dimensional requirements of the Zoning Bylaw for construction of a single-family home. As such, should the Board of
-Appeals find-the-property noncompliant withthe contiguous-buildable area requirement,of the-Zoning Bylaw;-literal
enforcement of such requirement will deprive Petitioner of the ability to develop an otherwise zoning compliant property,
4.Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
Should.the,Board.of.Appeals.determine the,property to.be,deficient_as..to minimum contiguous.buildable_area,.a variance_..
from such requirement will apparently be the only relief which will allow for development of the property. Otherwise, it
appears the-property will-lose-all economic value.----
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 a VARIANCE
t.ynn McLoughlin-335.8alern Street
The pr.operty_is.an_apparently zoning_compliant.parcel.located in_the.R32oning_District.As_such,_fhe_ToWn_has.determined.
that development of the parcel with residential housing would be beneficial to the Town and consistent with the purpose
-and-intent of the-Zoning-Bylaw:-Petitioner respectfully-requests-the,Board-of-Appeals refrain from-finding-that the presence--
of 100-foot wetlands buffer zone on a portion of the property is sufficient cause to prevent the property's development.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
Peti#loner seeks_to_construct.asingle-farrtily._dwelling.that..is_fuliy,compliant.with.the_dimensional_and_use requirements-of....._„
the Zoning Bylaw. Such single-family dwelling has also been designed to be aesthetically consistent with the surrounding
-residential.-neighborhood.,-As such;-construction-of the-proposed dwelling will-improve the neighborhood and the public- --
welfare.
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. NIA %
B, NIA
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 n I Rear
25,360 NIA NIA % 125 NIA NIA NIA N1A NIA
7C.Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
25,360 NIA NIA % 125 2 36.4' 20 20.3' 103.9'
% I
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 Peet Spaces Front Side A I Side B Rear
25,000 NIA N/A % 125 2 30' 20' 20' 30'
Page 5of7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Lynn.McLoughlin-.335 Salem Street
8A. Existing Building(s):
Ground Floor Sq, Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
NIA NIA NIA NIA NIA NIA
*References Uses from the Zoning Bylaw&Table 1,
**State number of units in building(s),
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft, Floors Hei ht Ft. Use of Building* of Units*
1,265 2.6 34.8' 2,989 Single-Family Dwelling 1
*Rcferences Uses from the Zoning Bylaw&Table 1.
*� state number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION& SIGNATURE
(Srgnalures of Pelilioner(s)are required)
I am (we are)the owner(s)of the property subject to this variance petition and I (we) consent and certify as
follows:
I. 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. 1 (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 (w certify that all the statements within this application and attachments are true and accurate to the
be�f my (ou ledge a elief.
X tom- 3.13-2023
(PAttionier Signature) (Date)
X 3-13-2023
( titioner Signature) (Date)
If App Ilea ble:
Name of Attorney/Agent for Applicant:Mark B. Johnson, Esq.
Address of Attorney/Agent: 12 Chestnut Street, Andover, MA
Phone Number of Attorney/Agent:978-475-4488
Email Address of Attorney/Agent: mark@jbilclaw,com
Page 6 of 7
NORTH ANDOVER ZONING BOARD-OF APPEALS petition fora VARIANCE
Lyttrt.McLoughlln 335 Saldm Street
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. 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/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 §l I on abutters list
II). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
Ill).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
a plan not to exceed I I"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 exerclsed and a new
be required for Major Projects. petition must be submitted
*9. C. *Require([Features On Plan.
Site Orientation shall include:
1. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(if applicable)
S. Abutters of property,within 300'
radius
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,casements.
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
S. Title of Plan
Page 7 of 7