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HomeMy WebLinkAboutVariance - 395 Mass Ave - Application - 395 MASSACHUSETTS AVENUE 10/21/2024 { TOWN OF NORTH ANDOVER VARIANCE j ZONING BOARD OF APPEALS - Town Clerk•Tinfe Stamp NAME:Santos Osorio And Dianna Osorio � E ADDRESS OF APPEAL:395 Massachusetts ave North Andover ma ' i 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(L01 days prior to the first public hearing. for a hearing date and prepares the legal notice for mailing to j Failure to submit the required in fort nation 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 a plication 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 On 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 iir 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 inay 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 Cleric'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; I Union StrecI,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: 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 MUST COMPLETE ALL ITEMS ON THIS FORA1 PETITIONER INFORMATION NAME: Santos Osorio ADDRESS: 395 Massachusetts ave North andover ma PHONE: 7816003172 EMAIL: robosorio22@aol.com If the petitioner an(Vor properly vivner is a company,corporation or oilier entity,a&I of the names and addresses of the principals,officers and/or managers must be attached to this forth, SUBJECT PROPERTY INFORMATION LOCATION OF PROPERTY: 395 Massachusetts ave North Andover ZONING DISTRICT: ASSESSORS PROPERTY MAP NO.:045 lot no.0040 , LOT NO.:6 OWNER OF RECORD: Santos Osorio DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT: BOOK: 16343 PAGE 137 OR CERTIFICATE NO.: RELATIONSHIP TO SUBJECT PROPERTY(i,e,owner, abutter•,etc): owner CURRENT USE: Patio PROPOSED USE: Pergola PREVIOUS VARIANCE GRANTED:YES NO DECISION NOJDATE: OTHER REGULATORY REVIEW: YES NO X IF YES,DESCRIBE STATUS: EXISTING CONDITIONS DESCRIPTION: Pergola is almost finished, only needs roofing(shingles)- collar ties 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 uses); . .���I,��i�t.ZO�_.�r�t1�a sI�aI1,.�p�.��t,TW�� sy ,it��Y�t'�t�..�al•��.�Y�. Nor_th_A over to have mare space for our family of four. We decided to build the pergola, after the heavy rains of august 2023. W®have t�nra dauc}hters with birthdays ire the-sumr er nd-weacouidnt-•ceiebrato-last--year b@Guase-it was raining- and because our temporary canopy would Fly away due to the strong winds, please see pictures provided. As a family;lµ#htntr#ttt fs a greatadditi #o enjoy the sl it�s`rmmers-inwour-backyard-with r=all-familq;pfriends--~ and neig hbors for birthdays and small cookouts. This�lan did not come up in pervious years because of Covid, SOW f a We are T os`Bnjoy our�iome we wanflo enjoy inside as Well as o f sde. We il'66 IC�riFf Fhow wL" .nee,ded-aapermit,,as.firs1..g.eneratican-firstlime-aw .tee-had,-no-idea If.w.e.,knew wj---w icL. a-m.done,the,—. reccomended steps to build the pergola. We apologies if this has caused frustration and or confusion. 2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition: 19x27 Pergola. Required setback in the R-4 Zoning District is 30 feet we will need a relief of 10.32 feet 3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance dimensional requirements and proposed dimensional conditions: between pergola and neighbors property line is 10.32' 4. identify and describe all plans and supporting documents being submitted with this variance petition: FeYgQJ.a-Qn2.7' lKws ejalg usm afl-bidbdat-pWi a-and.geitwelbef—and tdox.s pap9 .-our-00mn—to-e-Noy- in rainy days. ,Doouments�ubmitted--noludey-new---plot plan-including--•pergola;-certified•and-stamped--dr-a+wing..of porgola--. - - including measurements by engineer. Page 3 of 7 i NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE SUPPORTING STATEMENT EACH Ol,FOLLO I VINGREQUIREAU N74 FORA VARIANC AI UST BE ESTABLISHED AAD SET FORTH IN COMPLETE IIET411.BY 7'111 i#PPLICANT IN,,fCCOI?D.ti\'CE WITH G.L.C:40A,3 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: 2, Specify how the circumstances do not generally affect other properties in the zoning district: they like it. i 3.Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial hardship to the owner plan{$2,fl50}, and drawing of pergola{$1,9fl©}etc. Our oldest daughter has a development delay, this outdoor Aepase-hel}��r aplot tvc�st�mu•t�l��ralny days;we�ramreading.otuslds4under the�pBrgcala-and�he�hetpedmher ', skills, if this Es taken down �t could affect her progress, ', A Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use of the land or structure: documents and materials. S. 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 I I NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE water heater, heater and so much more. We want to create beautiful peaceful memories, where we can enjoy -our home•,in-thewnEce-weather Long (e-t a"no-w,re-hadain--2AM,Our-daughtars-love.,it-andrenjay reading-ouisid,a having breakfast lunch and dinner under the pergola. 6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the public welfare: spaces in between pergola and property line. The neighbor directly behind us has expressed how much she liker,4t;and-has-n"roblerng,awath-th, �pargoia-not beino�0--feat-from las paop�rty line.; . su� 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. % LB 7B. Existing Lot: Minimum Lot Setback Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parki€ig Sq.Ft. Coverage Feet Spaces Front Side A Sine B Rear 7C. Proposed Lots): Minimum Lot Setback Lot Area Sq.Ft, Open Space Percentage Lot Frontage Parking Sq.Ft. Coverage. Feet Spaces Front Side A Side B Rear tl/4 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 Feet Spaces Front Side A Side B Rear n/4 Page 5 of 7 i 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 house I *References Uses from the Zoning Bylaw&Tnble 1, **State number of units in building(s), 8B. Proposed Building(s): Ground Floor Sq. Nuinber of Total Sq. Dumber Ft. Floors Height Ft. Use of Building* of Units* *References Uses from the Zoning Bylaw R Table 1. "Slate number of units in buildings). PROPERTY OWNER CONSENT, CERTIFICATION& SIGNATURE (Signatures of'Pe fianner(s)are require(l) 1 am(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(our)petition; 3. I(we) certify that all the statements within this application and attachments are trite and accurate to the best of my(our)knowledge and belief. X 917/24 (Petitioner Signature) (Date) X 9)7I24 q4Witioner Signature) (Date) If Applicable. Name of Attorney/Agent for Applicant: Address of Attorney/Agent; Phone Number of Attorney/Agent: Email Address of Attorney/Agent: Page 6 of 7 i i NORTH ANDOVER ZONING 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)days prior to the public hearing before;the 9.D. Minor 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 Archltect may be required when the application further information maybe required. involves new cotrstructioti/coirversion/mid/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 wlrc(hcr 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 C I I on abutters list 1I), Three(3)or more dwelling units, for the legal notice cheek, Also,the applicant 11I).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 1"x2-5/8"(Three(3)copies for the Legal,and a plan not to exceed I 1"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 a new be required for Major Projects. petition must be submitted *9.C. *Required Features On Plan. I). 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. II). Legend&Graphic Aids shall include: 1. 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