HomeMy WebLinkAboutVariance - Lot 14 - Application - 0 WINTER STREET 6/6/2023 . '
TOWN OF NORTH ANDOVER VARIANG� ;_.,.,
ZONING BOARD OF APPEALS pry
PH1 2- d 7
Town ClerltTime Stamp
NAME: Ellen Cashman ,, t);yt,N U"
ADDRESS OF APPEAL:Lot 104C-149
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 kL01 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 there. 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 S: 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 fled 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). chA0A, § 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; l 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 Or LEGAL NOTICE:
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
Ellen Cashman-Lot 104C-149
IMPORTANT; APPLICANTS MUST C:Oi IPLETE ALL ITEMS OIL THIS FORM
PETITIONER INFORMATION
NAME; Ellen Cashman c/o Johnson& Borensteln, LLC
ADDRESS: 12 Chestnut Street,Andover, MA 01810
PHONE: 978-475-4488 EMAIL: mark@}bilclaw.com
If the petitlomter nfirllor property ojvrrer is a courpaity,corporatlo)i or oilier eirtity,a list of llte rrafttes and addresses of the
prluclpals,officers arid/or utauagers inust be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: Winter Street
ZONING DISTRICT: R1 ASSESSORS PROPERTY MAP NO,:104C ,
LOT NO.: 149
OWNER OF RECORD: Frank Cashman Realty Trust
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: PAGE OR CERTIFICATE NO.:11917
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner, abutter,etc.):
Trustee
CURRENT USE: Vacant Land
PROPOSED USE: Single-Family home
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES X NO IF YES,DESCRIBE STATUS:
Petitioner has filed contemporaneously herewith an appeal of the Building
Commissioner's denial dated May 19, 2023, concerning Lot 14.
EXISTING CONDITIONS DESCRIPTION:
Vacant) ansl—.....
Page 2 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition,for a VARIANCE
Ellen Cashman - Lot 104C-149
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
.Applicant proposes to construct a single-family home and associated improvements on the property.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
195,Attachment 3-Table 2: Summary of Dimensional Requirements
195-7.1(A)
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
.Petitioner seeks a determination from the Board of Appeals that Lot 14, laid out on the enclosed Plan 40905D .
dated May 1, 1987, is protected as developable land under Mass. Gen. Laws ch. 40A, sec, 6 and the
'provisions of the North Andover Zoning Bylaw prior to its amendment on May 4, 1987.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 denial dated May 19, 2023. Petitioner submits this Application and the separate
Finding Application as a"Notice of Appeal" under Section 195-10.8(F3),
. . .........
In the alternative, Petitioner respectfully requests the Board of Appeals issue the following variances for Lot
14: 1) lot area of 43,847 square feet, where the current Zoning Bylaw has a minimum lot area requirement of
-87,120 square feet;2) contiguous buildable area of 9,321 square feet (approximately 11% of the minimum lot
,area requirement), where the current Zoning Bylaw has a minimum contiguous buildable area requirement of
65,340 square feet(i.e., contiguous buildable area that is 75% of the minimum lot area requirement); and 3)
frontage of 150',where the current zoning Bylaw has a minimum frontage requirement of 175'.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Plot Plan for Lot 14 Plan 40905D; Elevations/Floor Plans; Finding Application
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Ellen Cashman- Lot 104C-149
SUPPORTING STATEMENT
EACH OP FOLLOWNC1 R QVIRL'tMYTS FORA i ERLANc'L•'MUST ltli l s7;113L1Sllll);fr1'l)SET FOR771IN C'OAHILIi'1'li DETAIL BY
IIlL.11'1'L1C•It\'1 /r1'rfCC'ORD.I rYC'!i fJ'1T11 G.t. C: 40A..Sc la
1.Describe the special circumstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the pax-eel:
.Lots-1.4..1s.an-exceptionally..narrow_lot.The lot.was.laid.out.under..the_pre-1987,Zoning..B.ylaw.as a.zoning compliant Iot..The.
lot was laid out with the intent that it be developable.
2. Specify how the circumstances do not generally affect other properties in the zoning district;
The.exceptional.narrowness.of.the lot is not generally found throughout the zoning district.
3. Explain how tite literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
,Lot 1.4.met all.applicable.dimensionai requirements of the pre-1987 Zoning Bylaw to be considered developable land..
Indeed, the lot is classified by the Assessors Office as "buildable" and, upon information and belief, has been so classified
-and taxed since 1987-.- Enforcement of the current Zoning Bylaw,without relief,would result,in Lot 14; laid out and
assessed as developable land, losing economically viable use.
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.current.Zoning.Bylaw applicable to Lot 1.4, the variances requested herein will.__..
apparently be the only relief which will allow for development of the lot. Otherwise, the lot will lose economically viable use.
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
Ellen Cashman - Lot 104C-149
F
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.Lot 14_was laid out as a zoning compliant parcel and is located in the R1 Zoning District.As such, the Town has
determined that development of the lot with residential housing would be beneficial to the Town and consistent with the
purpose and intent of the Zoning Bylaw _ _
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
.Lot 14..is..surrounded..by.residential.housing, and any development of..the.lot..would be.consistent with the character.of.the
surrounding neighborhood and would Improve the neighborhood. Indeed, upon information and belief, the Board of
-Appeals has previously permitted surrounding lots, noncompliant with the current Zoning Bylaw, to be developed after
promulgation of the 1987 zoning Bylaw, under the terms of the pre-1987 Zoning Bylaw, See Addendum to Application.
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. Coven a Feet Spaces Front Side A Side B Rear
A' 43,847 % 150
B.
..........
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 B Rear
43,847 % 150
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Coverage Feet Spaces Front Side A Side R Rear
43,847 % 150
% -----------_T
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7D. Required Lot: (As required by Zoning Bylaw&Table 2)
Miniminn Lot Setback
Lot Area Sq.Ft, Open Space Percentage Lot Frontage Parking
Sq.Ft, Covera a Feet Spaces Front Side A Side B Rear
87,120 % 175
Page 5 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE ,
Ellen Cashman-Lot 104C-149
$A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
NIA
*References Uses from the Zoning Bylaw&Table 1.
**Stute numberofunils in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq, Number
Ft. Floors Height Ft. Use of Building* of Units*
1,540 2 33 3,113 Single-Family Home 1
*References Uses from the Zoning Bylaw&Table 1.
'*State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ofPetltiona"(s)are raquired)
I atn (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. I (we) certify that I(we) have read the Board's Rules and Procedures before submittal to ensure the
completeness of nay(our) petition;
3. I(we) certify that all the statements within this application and attachments are true and accurate to the
best of my(our) knowledge and belief.
f /
(Petitioner Sign 'nitre) (Date)
X /
(Petitioner Signature) (Date)
If Applicable:
Nacre 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@jbllclaw.corn
Page 6 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Ellen Cashman-Lot 104C-149
9. PLAN OF LAND & 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' i
thirty(30)days prior to the public hearing before the 9. D. Minor Project j
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 knay 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
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,Ilic 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
I). Size of plan: Ten(10)paper copies of I'V-518"(Three(3)copies for the Legal,and
a plan not to exceed I I"x17", one(1)copy for the Decision mailing),
preferred scale of 1"=40'
II), 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.-I 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 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.
I1). 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
Juno 6, 2023
To the members of the Zoning Hoard of Appeals:
The Cashman family respectively requests that you take the following Information Into consideration as
you review our petition for variances on our three Winter Street lots.
The Cashmans have been rooted in North Andover for over a century. My grandfather was the
telegraph operator at the former North Andover B&M train station on Sutton Street. My father, Frank,
was born in 1917 on Furber Avenue and lived his entire life here In town except for his time In the Coast
Guard during WWII. When he returned from the service, my father worked as an auto mechanic In
town. In 1953 he opened his own business at 4 Main Street where he pumped gas, repaired cars and
sold tires, batteries and accessories to North Andover residents, In the winter he plowed the streets and
schoolyards. He was always in service to the town and its residents. He sold the business and retired in
1984.
In the late 40's Frank and his wife,loan, purchased 26 acres of land on bale and Winter Streets, built
their home at 907 Dale and raised five children there. They stewarded that land as open space for
many years. With retirement years looming, they decided to subdivide the land into one-acre Form A
lots and gradually sold eight Dale Street lots as income was needed. Because the lots had been
subdivided before the change to two-acre zoning, there was no problem getting permits for any of those
lots, the last having been sold in 1998.
Frank passed in 1988 and loan passed in 2021. In 1971, my 15-year-old sister was struck by a drunk hit-
and-run driver on High Street and died of her injuries a month later. My older sister passed in 2008. Of
the three of us who remain, my brother is in very poor health and drowning in medical bills and my
sister also has health and financial challenges. As much as we love the land,we realize that selling is a
financial necessity. It is our hope that you will grant the necessary variances which will allow the three
of us to experience the financlal benefits that the sale of the three lots would provide. My two siblings
live in Maine. I live on family land on Dale Street and have owned and operated a fine gardening and
landscape business here in town for thirty-four years.
The town of North Andover has been sending property tax invoices on these one-acre lots since the 80's
and they have been paid with the understanding that they could be sold as such. I was not able to
access records before 2010,but during the last twenty-two years alone, my family has paid $140,425.26
in taxes on those three lots. To allow the three building lots to be permitted will make a huge monetary
difference to us. We feel we have paid for that privilege and we truly feel that our situation deserves
your special consideration and leniency given our current hardships and our long history in this town.
Many thanks,
Ellen Cashman