HomeMy WebLinkAboutVariance Application-82 Liberty - Application - 82 LIBERTY STREET 8/26/2024 e TOWN OF NORTH ANDOVER VARIANCE
E
ZONING BOARD OF APPEALS
Town 6011,tF-Th to Stamp
NAME: Dirac Land raf
ADDRESS OF APPEAL: 82 Liberty 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 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 them. The NEWSPAPER:
petitioner will complete items that are underlined. The petitioner picks up the legal notice fi•orn 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 Cleric 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 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,
I I 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. j
PREPARATION OF LEGAL NOTICE: I
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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
IMPORTANT: APPLICANTS M[JST CONtP.L ETE ALL ITEMS ON THIS FORM
PETITIONER INFORMATION
NAME: Dirk Landgraf
ADDRESS: 82 Liberty Street, North Andover
PHONE: 617-504-4244 EMAIL: dirkiandggraf@gmail.com
If the petitioner andlor property,owner is a conipany,corporation or outer entity,a list of the names anal addresses of the
principals,officers andlor managers must be attached to this forrn.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 82 Liberty Street
ZONING DISTRICT: Residence 1 ASSESSORS PROPERTY MAP NO.:90.B ,
LOT NO.:54
OWNER OF RECORD: Oona Johnstone
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 12836 PAGE 112 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i,e. owner, abutter, etc.):
Owner
CURRENT USE: Single-family dwelling
PROPOSED USE: Single-family dwelling
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO.IDATE:
OTHER REGULATORY REVIEW: YES X NO IF YES, DESCRIBE STATUS:
Notice of intent submitted to Conservation Commission. Sewage Disposal Plan submitted to Board of
Health a ers requested.
EXISTING CONDITIONS DESCRIPTION:
The property is located off Liberty Street and contains a single-family dwelling, driveway, and other
appurtenances. There are Bordering Vegetated Wetlands (BVW)to the south of the dwelling that project
1-6 ' I
dwelling. The vegetation consists of wooded areas with lawn area around the dwelling. The property is
served by an on-site sewage disposal system and private well. It does not have a garage.
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
The proposed-work includes replacement of the.,existing.soil.absorption system.and.construction.of.an attached garage,
deck, expanded entryway, and small expansion of the driveway. The garage will be attached at the front of the dwelling
and partially located in the side yard building setback
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
1.95-7.3.Yards.(setbacks).and._dimensions set forth.in.Table 2- . ..... .... ...
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
.The_applicant,requests relief.from the 30'side.yar_d building setback.for.construction of-the.attached..garage..The garage._._ .
will be located 18.3'from the side property line where 30' is required.
I
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Proposed.Plan of Land.stamped.by a.Professional.Land Surveyor.and._Floor.Plans.
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
EACH OF FOLLOWING REQUIREMENTS FOR A PARLANCE MUST BE ESTABLISHED AND,SET FORTH IN COIIIPLETE DETAIL BY
THE APPLICANT IN ACCORDANCE)PITH G.L. C. 40,4,§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:
There are-Bordering Vegetated Wetiands_on-site_that project a 50'.No-Build Zone onto a_large portion of the.property. The
front of the dwelling is the only side of the dwelling that is outside of the No-Build Zone. The property is also rectangular
,but narrow with insufficient frontage (150'where 1751 is required) resulting in a smaller available building envelope
2. Specify how the circumstances do not generally affect other properties in the zoning district:
The,house,is sited very close to.a BVW, especially compared_to.other dwellings in the area..lt,is less than.25'to.the. .
wetland at its closest point. The BVW also wraps around most of the lot. Compared to other properties in the area, there is
far less available space outside of the 50' No-Build Zone... ... ..
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
A literal enforcement of.the Zoning..Byiaw.would limit-the.owner...to..a one.car.garage..lt would also.result in a.garage:.that is..
too narrow and oddly trapezoidal in shape which would make it difficult to park a car.A car would have to drive in and park
at an angle,compared to the garage door because of the shape and narrowing width
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
The.proposed garage is-designed with the mini mum.dimensions.that..would.comfortably park..2 typical vehicles.,It.is.a,
rectangle that is 24' in depth and 23'-2.5"in width. It will attach to the dwelling at the existing front door and will provide
only a 6'-deep entryway:It is also sited in a rather flat area that requires minimal regrading to accommodate the garage.
The existing house does not currently have a garage.
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
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
The proposed garage maintains the character and function_of the existing lot. Since the buildings in this ar. a.are_farapart,
the projection into the building setback will not be evident. The proposed garage allows for the minimal site disturbance
and greatest protection to nearby wetland resources"areasthat would be possible while complying withthe Zoning Bylaw,
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
The garage design..malntains.the character of the existing dwell!ng..All of.the.nearby dwellings.on.Liberty Street have..2 car..
garages, either attached or at basement level, so the proposal would be consistent with the other properties in the
neighborhood.The design also minimizes site work by utilizing a flat area that will not require significant grade changes or
quantities of fill. The garage will not encroach on any direct neighbors; it will be more than 90'from the adjacent house.
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 hear
% - - - 18.3' - -
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
50,171 NIA 4.1 % 150' NIA 39.8' 35.7' 52.1' 188.1'
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
50,171 N/A 5.5 % 150' N/A 39.8' 18.3' 52.1' 188.1'
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 Feet Spaces Front Side A Side B Rear
87,120 N/A NIA % 175' NIA 30' 30' 30' 30'
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
8A. Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. )Floors Height Ft, Use of Building* of Units*
1,708 2 Single-Family Dwelling
*References Uses from the Zoning Bylaw&Table 1,
**Stale number of units in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft, floors Height Ft. Use of Building* of Units*
2,317 2 Single-Family Dwelling
*References Uses from the Zoning Bylaw&Table 1.
**State numberof units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ofPeallonet-W are requlred)
I am (we are) the owner(s) of the propety subject to this variance petition and I (we) consent and certify as
follows:
1. 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
beast of my (our)knowledge and belief.
x 0,, � 3 qo'z4
(Petition r Signature) (Date)
(Petitioner Signatures) (Date)
If Applicable:
Name of Attorney/Agent for Applicant: Representative: Nathanial Cataldo; Stamski and McNary, Inc.
Address of Attorney/Agent: 1000 Main Street, Acton, MA 01720
Phone Number of Attorney/Agent:978-263-8585 X204
Email Address of Attorney/Agent; ne@stamskiandmcnary.com
Page 6 of 7
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND G. Nantes 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. Minor Project
Zoning Board of Appeals. Minor projects,such as decks,sheds,and
gat-ages,shall require only the plan information
A set of building elevation plaits 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 cot€sti•uction/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 1 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
a plan not to exceed 11"x 17 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 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
5. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions, easements.
Il). 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