HomeMy WebLinkAboutFinding - Lot 14 - Application - 0 WINTER STREET 8/14/2023 E
TOWN OF NORTH ANDOVER ! ,FINDJ-�G
ZONING BOARD OF APPEALS `
NAME: Ellen Cashman Or
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Procedure & Requirements
for an Application for a Finding
Twelve(12)copies of the following information must be STEP 6: SCHEDULING OF HEARING AND
submitted thirty aOl days prior to the first public hearing. PREPARATION OF LEGAL NOTICE:
Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant
periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to
Board of an application as incom lete. the parties in interest(abutters)and for publication in the
The information herein is an abstract of more specific newspaper, The petitioner is notified that the legal notice has
requirements listed in the Zoning Board Rules and been prepared and the cost of the Party in Interest fee.
Regulations and is not meant to supersede them. The
etitioner will complete items that are underlined. STEP 7: DELIVERY OF LEGAL NOTICE TO
NEWSPAPER:
STEP 1; ADMINISTRATOR PERMIT DENIAL: The petitioner picks tip the legal notice fi-om the Office of the
The petitioner applies for a Building Permit and receives a Zoning Board of Appeals and delivers the legal notice to the
Zoning Bylaw Denial form completed by the Building local newspaper for publication.
Commissioner,
STEP 8; PUBLIC HEARING BEFORE THE ZONING
STEP 2: FINDING APPLICATION FORM: BOARD OF APPEALS:
Petitioner completes an application form to petition the Board The petitioner should appear in his/her behalf,or be
of Appeals for a FINDING. All information as required in represented by an agent or attorney. In the absence of any
items I through and including 1 I shall be,completed, appearance without due cause on behalf of the petition,the
Board shall decide on the matter by using the information it has
STEP 3: PLAN PREPARATION: received to date.
Petitioner submits all of the required plan information as titled
in page 4, section 10 of this form. STEP 9: DECISION;
After the hearing,a copy of the Board's decision will be sent to
STEP 4: OBTAIN LIST OF PARTIES IN INTEREST; all Parties in Interest,Any appeal of the Board's decision may
The Petitioner requests the Assessor's Office to compile a be made pursuant to Massachusetts General Law ch.40A § 17,
certified list of Parties in Interest(abutters). 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)Xerox STEP 10: RECORDING THE DECISION AND THE
copies of all required information to the ZBA Administrative PLANS.
Assistant to be certified by the Town Clerk with the time and The petitioner is responsible for recording certification of the
date of filing. The original will be left at the Town Clerk's decision,and any accompanying plans at the Essex County,
Office,and the I I Xerox copies will be left with the Zoning North Registry of Deeds, 1 Union Street,Lawrence MA.01843
Board of Appeals Administrative Assistant. and shall complete the Certification of Recording form and
forward it to the Zoning Board of Appeals and to the Building
Department,
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community&Economic Development North Andover Town Hall
120 Main Street 120 Main Street
North Andover,MA.01845 978-688-9501 Town Clerk's Office
978-688-9542 fax for Office of Community & Economic Development 978-688-9566 Assessor's Office
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
PAGE 1 OF 4
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PAGE z OF 4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
X'1ease'corn' 7ete;all ltems'1�10 below;
1, Petitioner: *Narne, *Address and telephone number:
Ellen Cashman clo Johnson& Borensteln, LLC; 12 Chestnut Street, Andover, MA Q1810; 978-475-4488
*The petitioner shall be entered on the legal notice and the decision as entered above.
2. Owners of Land;Name, Address,telephone number,and number of years under this ownership:
Years Owned Land;29 years
3. Location of Property;
a. Street:0 Winter Street Zoning Dlstrict:R-1
b. Assessors:Map Number: 104C Lot Number:149
c. Registry of Deeds: Book Number;Certificate No. 11917 Page Number:NIA
4. Zoning Bylaw Sectlon(s)* under which the petition for the FINDING is made,
195,Attachment 3-Table 2;Summary of Dimensional Requirements(Lot Area& Frontage)
195.7A Lot Area; 195-7.1(A)Contiguous Buildable Area; 195-7.2 Street Frontage;195-10.8(B)Building inspector Appeal
*Refer to the zoning Bylaw Denial and Plan Review Narrative form as supplied by the Building Commissioner.
5. Describe the FINDING request:
Petnlnner appeals the Building Commissioner's denial dated August 2,2023,on the basis that Lot 14 is protected as developable land under
Mass,Caen.Laws ch,40A,sec.6 and the provisions of the Zoning Bylaw prior to amendment on May 4, 1987,See Addendum to Application.
The above description shall be used for the purpose of the legal notice and decision. A snore detailed description is required
pursuant to the Zoning Board Rules and Regulations as titled on page 4,of this application.Failure by the applicant to clearly describe
the request 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.
6A.Difference from Zoning By-Law Requirements: Indicate the dimensions that will not meet current Zoning By-Law
requirements.(A and B in the case of a lot split)
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq, FL Sq. Ft. Coverage Feet Spaces Front Side A Side B Rear
43,847 % 160
613, Existing Lot;
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear
43,847 % 150
PAGE 3OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application for a FINDING
6C Proposed Lot(s):
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq.Ft, Coverage Feet Spaces Front Side A Side B Rear
43,847 % ISO
6D. Required Lot: (As required by Zoning Bylaw&Table 2)
Lot Area Open Space Percentage Lot Frontage Parking Minimum Lot Setback
Sq. Ft. Sq, Ft. Coverage Feet Spaces Front Side A Side B Rear
87,120 % 175
7A, Existing Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq, Feet Building* of Units**
NIA
*Reference Uses from the Zoning Bylaw&Table l**State number of units in building(s),
713. Proposed Building(s):
Ground Floor Number of Height Total Use of Number
Square feet Floors Sq. Feet Building* of units**
1,540 2 33' 3,113 Single-Family Home 1
*Reference Uses from the Zoning Bylaw&Table I*"State number of units in building($),
8. Petitioner and Landowner signatut•e(s):
Every application for a FINDING 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 fiirnish 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 responsibility, The petitioner shall be responsible for all expenses for filing and
legal notification. Failure to comply with application requirements,as cited herein and in the Zoning Board Rules and Regulations
may result in a dismissal by the Zoning Board of this application as incomplete,
r'Si natu e: I J
Type above names here:Ellen Cashman, Trustee of the Frank Cashman Realty Trust
PAGE 4OF4
NORTH ANDOVER ZONING BOARD OF APPEALS application far a FINDING
9, WRITTEN DOCUMENTATION *(OC. *Required features On Plan.
Application for a FINDING must be supported by a legibly I). Site Orientation shall Include, j
written or typed memorandum setting forth in detail all I. North point
facts relied upon. This is required in the case of a finding 2. Zoning districts)
when the following points based on MGLA ch. 40A sec. 3. Names of streets
6 and 9 and the North Andover Zoning By-Law Section 4. Wetlands(if applicable)
9.0 a request for a FINDING shall be clearly identified 5. Abutters of property,within 300'radius
and factually supported:Addressing each of the beloiv 6. Locations of buildings on adjacent properties
points Individually is required with this application. within 50' from applicants proposed structure
7, deed restrictions,easements.
A, The particular use proposed for[lie land or structure,
B. Facts relied upon to support a finding that relief 11). Legend & Graphic Aids shall include:
sought will be desirable and without substantial I. Proposed features in solid lines&outlined in
detriment to tine public good. red
C. Addressing all details of the Building Commissioner's 2. Existing features to be removed in dashed lines
denial when appropriate. 3, Graphic scales
4. Date of Plan
10, PLAN OF LAND 5. Title of Plan
Each application to the Zoning Board of Appeals shall be 6• Names addresses and phone numbers of the
accompanied by the following described plan, Plans must applicant,owner or record,and land surveyor.
be submitted with this application to the Town Clerk's 7. Locus
Office and the ZBA Adminisirative Assistant at least IGD, FURTHER REQUIREMENTS:
thirty(30)days prior to the public hearing before the
Zoning Board of Appeals. Major Projects shall require that in addition to the above
A set of building elevation plaits by a Registered Architect may features,plans most show detailed utilities,sails, and
be required when the application involves new topographic information,A set of building elevation and
cot€structlor€/contversiot/aud/or a proposedchattge In use. interior of building plans shall be required when the
application involves new construction,conversion and/or a
10A. Major Projects proposed change in use.Elevation plaitsfor minor projects
Major Projects are those,which involve one of the Include decks,sheds,andgarages shall be Included with it
following whether existing or proposed: side view depicter!on Ute plot plait,which Include a
1). Five(5)or more parking spaces, ground level elevation,
I1). Three(3)or more dwelling units,
III).2,000 square feet of building area. 11. APPLICATION FILING FEES
Major Projects shall require that!it addition to the 108 R IOC 1I.A. Notification fees: Applicant shall provide a
feature,t1ra1 the plans straw detailed utilities,soils,and check or money order to:"Town of North Andover"for
topographic information. the cost of first class,certified,return receipt x ft of all
parties in interest identified in M.G,L ch.40A§I I on
*10B, Plan Specifications: abutters list for the legal notice. Also,the applicant shall
I). Size of plan: Ten(12)paper copies of a plan supply first class postage stamps for each address listed
not to exceed I 1"x17", preferred scale of on the abutter's list,plus an additional two(2)for the
13'`40' decision mailing.
11). With one(I)block for Registry Use Only, and 1I.B. Mailing labels: Applicant shall provide four
one(1)block for five(5)ZBA signatures& sets of:nailing labels no larger than 1"x 2.5/8"(Three(3)
date, copies for the Legal Notice,and one(1)copy for the
111). Flan shall be prepared,stamped and certified Decision:nailing),
by a Registered Professional Land Surveyor.
Please note that plans by a Registered 11.C. Applicant shall provide a check or money order
Professional Engineer,Registered Architect, to:"Town of North Andover"per the 2006 Revised Fee
and/or a Registered Landscape Architect may be Schedule,
required for Major Projects.