HomeMy WebLinkAboutVariance - 335 Salem St - Refiling - Application - 335 Salem Street 8/22/2024 ..r„
TOWN OFNORTH A NDOVER I �°
ZONING BOARD OF APPEALS LS P J�C-'
Town "jer,k7ttmeStamp
NAME.jcE Property Development LLC r -
DRESS OF ,P�aPPEAL:335 Seem St *�a
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 M days prior to tine 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 Marty in Interest fee.
The information herein is an abstract of more specific
requirements listed in the Zoning Board Mules and STEP 7:DELIVE,RY OF LEGAL N0L1CL TO
Regulations and is not meant to supersede them. The NEWSPAPER:
�etitiotfer will coarrPlete items tthat are underlarled. 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 HE RING-REI+4RE 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 sera 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:RE,CORDI:NG 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 sbalI 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„ I 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.:
IMPORTANT PHONE NUMBERS:
978-688-9533 Office of Community Dev.&Services 978-688-9501 Town Clerk's Office
North Andover Town.Mall 978-688-9566 Assessor's Office
120 Main Street
North Andover,MA 01.845
978-688-9542 Fax for Community Development offices
978-688-9545 Building Department
978-688-9541 Zoning Board of Appeals Office
a
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9CE,Prapety[7veiopmet LLC '335 Salem t
IMPORTANT: APPLM,ANTS MLIST :OMPLE"t E Al-1,11'EM ON THIS tit R:AI
PETITIONER INFOItMATION
NAME: JCE Property Development LLC Manager Jaynes C. Erb
ADDRESS: 35 Franklin St,Somerville, MA 02145
P1IONE: 978-423-6726 EMAIL: jcerb77@hotmaii.com
If the petitioner acid/or property o►viier is a comparsy,cwporadon or other entiv,a list of the naines and addresses of the
principals,officers andfor managers must be attached to this form.
SUBJECT PROPI'RTY INFORMATION
LOCATION OF PROPERTY: 335 Salem St
"ZONING DISTRICT: R3 ASSESSORS PROPERTY MAP NO.:37D ,
LOT NO.:54
OWNER OF RECORD: JCE Property Development LLC
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
130OK: 17962 PAGE 122-124 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner
CURRENT USE: Vacant rand
PROPOSED USE: Single Family
PREVIOUS VARIANCE GRANTED:YESX NO DECISION NOJDATE:
OTHER REGULATORY REVIEW:YE'SX NO IF YES,DESCRIBE STATUS:
Pentitioner has filed contemporaneously herewith appeal of the building Commissioner's denial dated
-Auquct 2A 2Q2 GoRGe P l
EXISTING CONDITIONS DESCRIPTION:
Vacant Land
Page 2 of 7
x
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
JCB Pr,"opertyp�vdidptnent LLB 335, aleni S,t ';
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s)and/or use(s):
eric�fose�Rs 'e �ar- - Y petitioner d m the Board of Appeals irig y d-Vr ,he
approved on �bmation from
p � �. - 1e area (Iran" °°�.�" -. that that lot � on the
w-, .�, ous ureter ,���..�.
Variance was a ro July 26,2023. etitione lip r seeks a d pp e s
21, 2024, see FindingApplication
r,� � .9
and Sam canfaNns more cot iantic��dntecl.Ati
ppa nation filed contemporaneously herewith..
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
section 19 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:
Under section 195 71(A)of the "coning Bylaws, newly created lots in the R3 Zoning District must contain 18,750 square
feel of' cir; gu°pirsiuwl'clable area'"C e:; Jrr muna to area regreerio ;� ilf°sq�a'ie feb i r� r "
fi . oulNdbl � .as-tbeate�rttla pl �g��� lta
located within a wetlands resource area as defined under the Massachusetts Wetlands Protection act and the North
°Arndovers-Wetlands Proteetier Bylaw)-however,the,Building-Commissioner has4ssued-a-meontray-determ-ination:As-such,-
Pets rm 1 Mt
� , o pp pprpsverturtitlae
Btt>rag - i„loner s Ili s rs won and�tl�e se°ara�t�mm�"" di° 1ieoroiceo
rider e
Ap , -.w. m�wm � .� �
Atlernatively, Petioner request a variance-under Section 195-10.8(A)of the Zoning B aw-from the requirements of nn
'Section°"� 5 �,A�th'�Z° Nrrp�'1rla 'atlowln 't.' t-'I"� �'ttkatt "t:�rn"tl s°°t3ntldatrl�a 15,4`t?[t°`sq fit:°whi�" .,
the oninc ,B law reclp res gontl raous buildable area of 18�750 ware feet.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Plan Elevations 1=findin Application and a Getter from Jack Sullivan, dated Novemebr 1,2022
Site g , c Nivan PE to Paul Hutchins
Pape 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
JE Property%C� weldprrint LLC; 33 ale�ro t ;
SUPPORTING STATE,MENT
77113, Pl LICAN2`1NA4" "ORDANC" 'D IT11 G L, C.40A',q 11).
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 zari property
is within close �,„m � _ generally mm" f and on properties throughout
p p I pro:rirni te,wetlands�l his condition is not found p e v "
2. Specify how the circumstances do not generally affect other properties in the zoning district:
property p ximity yo wetlands This condition is not generally found on properties throughout
eis located within class proximity
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 the property to be deficient as to contiguous buildable area, the propseal meets
�. c �a tonin ws cons rucfson o'l�sin��a"mTf °��� s suc 1 of l��ae�a "°".
� "e uiremenfs o
pro y i litb-tb,e,
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
"ilroffisucfi requWiffif ec� i appareffiji"°W1Won"'ry 7dli�frry -wilraT6w Moir° 'evdf"opme"rMhe°prope�.y. tfierMig it--
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
J frppierty;Ceaeltap„'rent LAC;, '335 5alert t ";
The property is an apparently zoning compliant parcel located In the R3 Zoning District.assuch,The Town has determined
`ffiat°U-MlWifi-i f-of'"the parcel'-Wiffi'residerrtia ousing o-62Tpe E6ff f c"Ia a 1 iFTo-Wn an 'cor0si-fd-6 WI l e pttrpose"-
presence of 100-font wetlands buffer zone on a portion of the property is sufficient cause to prevent the propety's
6.. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:.
Petitioner seeks to costruct a single family dwelling that is fully compliant with the dimensional and use requirement of the
` ''aril°rng "yiaw:mi�ei°srngl'�=l~amtiy ciinre�liings lias li"aeia"c�es�g�ttecl"take aeseicatly�ci�risls'f�rit lt�h�surroiandin�i"��" "�" ""
rt�sad�.t�tiafnead�hta�hi�t�.l �s t��tiul�. lct.�tt#� + ta : l �t�llaiit�ilpu tl�, �a, � tla; m�il_tbpt�kafl�....,.�,o
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. Covers e Feet S aces Front Side A Side B Rear
A. N/A %
B. N/A
E %
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
25,360 N/A N/A 125 N/A N/A NIA NIA N/A
7C.Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coveeage Feet S aces Front Side A Side B Rear
26,,360 N/A N/A % 125 2 36.4' 20' 20.3' 103.9'
✓a
7D.Required Lot: (As required by Zoning Bylaw&Table 2)
Minimum Lot Setback
Lot Area Sq.Ft. OpenSpace Percentage Lot Frontage Parking
Sq.Ft. Covers o Feet Spaces Front Side A Side Ft Rear
25,000 N/A N/A "fo 125 2 30' 20' 20' 30'
Page 5 of 7
s
NORTH ANDOVER ZONING BOARD QP APPEALS Petition for a VARIANCE
J� f'ropertytt�eveloprtent l.l'C 335S,alleertSt '', , � ,, „'� "
8A. Existing Buillding(s).
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
N/A N/A NIA N/A N/A NIA
*References Uses from the Zoning Bylaw&Table 1.
**Stella)lumber of units In building(s).
811. Proposed Buiidin (s)z
Ground Floor Sq. Nwnber of Total.Sq. Number
Ft. Floors Hei it Ft. Use of Building* of Units*
1288 2.5 34.8' 3,328 Single-Family Dwelling 1
*References Uses from the Zoning,Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION&SIGNATURE,
(Mgnaheres ofPetirioner(s)are required)
I ant( e 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 Forth Andover to access my property
for the purposes of this petition;
2. I (we) certify that I( e)have read the Boards Mules 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 true and accurate to the
best y(our)knowledge and belief.
8-22-2024 Manager
76ionci Signat�>.re) (bate)
(Petitioner Signature) (Date)
If Applicable.
Name ot`Attorney/Agent for Applicant:Request to avid at a later date
Address of Attorney/.agent:
Phone Nurnber of Attorney/Agent:
Email Address of Attorney/Agent:
Page 6of7
h
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
�C Prolierty D,ivelapnrink I.LC; 3b; nlern k , `; -777
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 T 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
Architect may he required when the application further information may be required..
involves new construction/conversionlandlor a
proposed change in use. 10. .APPLICA APPLICATION FILING FLIES
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, j
following whether existing or proposed: return receipt x#of al:I parties in interest
1). rive(5)or more parking spaces, identified in M.G.L cb.40A§I I 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 I'"x2-5/8"(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 111=40'
11). Plan shall be prepared,stamped and 10.C. Applicant shall provide a check or
certified by a Registered Professional moncy order to:"Town of North Andover"per j
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 ZHA 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:
I. North point
2. Zoning district(s)
3. Names of streets
4. 'Wetlands(if applicable)
S. .Abutters of property,within 300'
radius
G. Locations of buildings on adjacent
properties wvithin 50'from
applicants proposed structure
7. deed restrictions,easements.
11). 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. Bate of Plan
5. Title of Plan
Page 7 of 7