HomeMy WebLinkAboutVariance Application - 476 Johnson St 2024.07.16 - Application - 476 JOHNSON STREET 7/16/2024 TOWN OF NORTH ANDOVER VARIANCE '
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ZONING BOAR® OF APPEALS
r E Town clerk Time Stamp
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NAME.,NAME.,Ben'amin Brown CIO Corey Keefe and Claire l,ealoman IE�
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ADDRESS OF APPEAL :476 Johnson 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 QAQ 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 7Aning 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 :DELIVERY QKJLEGAL NOTICE TO
Regulations and is not meant to supersede them. The NEWSPAPER,
petitioner will com late items that ge unde lined. The petitioner picks up the legal notice from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STEV 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 C)3EEORE THE 7ANING
Commissioner. BOARD QF APPEALS:
The petitioner should appear on hislher 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 PREPARATIONI
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 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 Cleric,
STEP 5:
P_LICATION:
Petitioner submits one(1)original and eleven(11)copies of all STEP 10: RECORDING THE DE_CISLON 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 1 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
ff EP 6:SCHEDULING OF BEARING AND Department.
PREI'A ION 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
978-68&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
N
PETITIONER INFORMATION
NAME: Benjamin Brown
-9/0 Core Keefeand Claire Leabryiqn
ADDRESS: 100 Rhoda Street Quincy, MA 02169
PHONE: 6176426208 EMAIL: ben@bbic-contracting.cory
If the petitioner andloppropei-ty owner Is a company,corporation or Other entity,a/is/of the flaftles and addresses of Ilse
principals,of eers and/or neanagers must be allached to thlyfoun.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 476 Johnson Street
ZONING DISTRICT: R-3 ASSESSORS PROPERTY MAP NO.:038.0
LOT NO.:0061
OWNER OF RECORD: Corey Keefe and Claire Leabman
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 17978 PAGE25 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i,e. owner,abutter,etc.):
authorized agent of owners
CURRENT USE: single family home with no attached back deck
PROPOSED USE: single family home with attached back deck
PREVIOUS VARIANCE GRANTED: YES—NOX DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES—NOx IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
single family home with no docks attached or detached to the existing building
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):
We are looking for a variance in the back yard setback from 30 feet to 14.7 feet to allow for an attached back deck off of
the rear of the home measuring 20'x16'. The back deck will be constructed in accordance with the provided stamped
engineered plans, The deck will be framed to the existing home out of pressure treated lumber. The decking will be a Trex
Spiced Rum color with composite railings and stainelss steel cables.All of the fascia and trim will be installed with PVC
and attached with hidden fasteners.We will also be installing a sliding door onto the tuck porch from Inside the building
envelope.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
C-5 Required rear setback in R-3 zoning district is 30 feet
Section 195-7.3.0 Projections into rear yards. Uncovered porches, balconies, open fire escapes, chimneys and Flues all
may project into a required rear yard not more than 1/3 of its width and not more than four fee in any case. Belt courses,
fins,columns, leaders, slits, pilasters, lintels and ornamental features may project not more than one foot, and cornices
and gutters not more than two fee, over a required rear yard,
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
C-5 Required rear setback In R-3 zoning district is 30 feet
Section 195-7.3.0 Projections into rear yards. Uncovered porches, balconies, open fire escapes, chimneys and flues all
may project Into a required rear yard not more than 1/3 of its width and not more than four fee in any case. Belt courses,
fins,columns, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot, and cornices
and gutters not more than two fee, over a required rear yard.
Applicant is proposing a 14.7 foot rear setback.
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
Certified Stamped Plot Plan
Stamped Engineered Plans with elevations and three different angles drawn of the new proposed deck
Letter of Authorized Agent to Benjamin Brown by Property Owners
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Denial letter from North Andover Building Permit
Deed of Land
SUPPORTING STATEMENT
PICT/OF FOL11011VIA161 W:1'Q(J11?!'1,iV!1A1LY FOR A. C'0,1fJ1JJ,—j'J,'i FiT,I fd, BY
(;J, 10,
1. Describe the special circinnstances related to soil conditions, the shape or the topography of the land or
structure that are unique to the parcel;
The home was sold by the previous owner. He marked out the building structure exactly 30.1 feet from the property line.
The homeowners were unaware of the setback requirement in the Town Zoning Laws which prevents them from having a
back deck unless the variance is approved. The land owner around their property and whom sold them their home has
verbally consented to the back deck being built.
2. Specify bow the circumstances do not generally affect other properties in the zoning district:
These homeowners having a back deck will not impact any surrounding neighbors, nor will it be visible to them. The deck
build Would in fact increase property values for surrounding comparable properties.
3. Explain how the literal enforcenient of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
These now excited homeowners of North Andover won't be able to build or have a back deck to enjoy with their new young
family.
4. Explain how the proposed variance is the utinimuni change that is necessary to allow the reasonable use
of the land or structure:
The rear atlached deck is only going to be 16'off of the rear building envelope towards the setback limit.We are only
requesting a minimal I 1.7'relief.
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 BOAR®OF APPEALS petition for a VARIANCE
Only requesting and needing a variance relief of 11.7 feet into the setback requirement. Once the deck is built, no one
would even be able to tell that the setback was impeded. The home requested is up against open fields of land leaving the
aesthetics exactly the same prior to building the deck.There would be no look of/or actual encroachment against another
building or structure, leaving the intended harmony of the intial zoning law in place and not affected at all.
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
The back deck will be constructed off the rear side of the building envelope. It will not be visible from the street or any
neghboring homes at all.
7A.Difference from Zoning Bylaw requirements: Indicate the dimension(s) that will not meet ctirrent
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
Lot Area Sq.R 1 Open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feel S aces Front Side A Side B Rear
A %
B. %
7B. Existing Lot:
Minimum Lot Setback
Lot Area Sq.Ft, Open Space Percentage Lot Frontage Parking
Sq.Ft. Covera a Feet Spaces Front Side A Side B Rear
10000 same Isarne % same 2 39.3 31.1 17.5 30.4
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Fro)it Side A Side D Rear
10000 same same % same 2 39.3 31.1 17.5 18.3
%
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 S aces Front Side A Side B Rear
Page 5 of 7
NORTH AN®OVER ZONING BOAR®OF APPEALS petition for a VARIANCE
8A. Existing 13uidding(s):
Ground Floor Sq. CrNtamb of Totaf 5q, =Number�jFt. Floors Hei ht Ft. Use ofBuildin a
1,908 2 14 1,908 single family residential
*Rererences Uses from the Zoning Bylaw&Table 1.
�*State numbcr 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*
1,908 2 14 1,908 single family residential 1
*References Uses from the Zoning Bylaw&'Cable 1.
**state number of units in building(s).
PROPERTY OWNER CONSENT,CERTIFICATION& SIGNATURE
(Signatures of Pelffluner(s)are required)
I am(we are)the owner(s)of the property 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 my(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.
X Corey Keefe Via' 7/1/2024
(Petitioner Signature) (Date)
XClalre Leabman
7/1/2024
(Petitioner Signature) (Date)
If Applicable: _
Name of Attorney/Agent for Applicant; &)AMI 6111
Address of Attorney/Agent:_ 0 c -- Dk,�( v""\Vt �a i
Phone Number of Attorney/Agent: 't 7
Email Address of Attorney/Agent: �,en G�' o�}f P C u✓e
Page 6 of 7
NORTH AN®OVER ZONING ROAR®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(4). In some cases
Architect may 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 p of all parties in interest
1). five(5)or more parking spaces, identified in M.G.L ch.40A§I I on abutters list
II). 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 1 I"x 17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
1I). 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
Laud 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 Orientatlon 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.
I1). 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