HomeMy WebLinkAboutVariance Application - 922 Dale St - 2025.2.11 - Application - 922 DALE STREET 2/11/2025 TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
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!;A Town Clerk Time Stamp
NAME:Joseph William McCarthy "`F i
ADDRESS OF APPEAL:922 Dale St.
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 30 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 from the Office of the
Zoning Board of Appeals and delivers the legal notice to the
STE1P...1:ADMINISTRATOR PERIVIT,nENIL: local newspaper for publication.
The petitioner applies for a Building Permit and receives a
Zoning Bylaw Denial form completed by the Building STEP 8:PUB IC HEARING BEFORE TIME 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 jl
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 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 APPI;ICATION:
Petitioner submits one(1)original and eleven(11)copies of all SUP 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; 1 Union Street,Lawrence MA 01840
secretary, and shall complete the Certification of Recording forth and
forward it to the Zoning Board of Appeals and to the Building
STEP 6:SCHEDULING OF HEARING AM Department.
REPARATION OF LE AL NOTICE:
IMPORTANT PRONE 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
Joseph William McCarthy 922 Dale St.
I IWS.PQRTA)w Tr r A11111 CA.l TS e9 ON 11111118 1111014WI
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PETITIONER INFORMATION
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NAME: Joseph William McCarthy
ADDRESS: 922 Dale St. I
PHONE: 508-265-3046 EMAIL: Joemccvam@comcast.net
If the petitioner and/or properly omner is a company,corporation or outer entity,a list of the nantes and addresses of the j
pritrclpals,officers and/or managers must be attached to this form.
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SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 922 Dale St.
ZONING DISTRICT: R1 ASSESSORS PROPERTY MAP NO,:104A
LOT NO.:61
OWNER OF RECORD: Joseph William McCarthy
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 13021 PAGE 344 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner
CURRENT USE: My home on 5.276 acres
PROPOSED USE: Split land -proposed parcel#2 to be sold. I will keep parcel#1, on which is my home. 1
PREVIOUS VARIANCE GRANTED: YES NO DECISION NOJDATE:NIA
OTHER REGULATORY REVIEW: YES X NO IF YES, DESCRIBE STATUS:
Building permit denied
EXISTING CONDITIONS DESCRIPTION:
WAIiandsslelineation by Norse Environmental Services, then appramedJORAD and siampad ANRAD)by
Conservation Commission. Also, plot plan showing parcel#2 and remaining parcel #1 -see attached.
Northern half of property will rem in-woodfarrds tit id a cultivated h yfield.
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Jaseph William McCarthy-922 Dale St'[
PROPOSAL DESCRIPTION
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1. Briefly describe all proposed changes to the structure(s) and/or use(s):
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.�The�Qutira�rous.B�tldingAcea_{CBA)�iopResidential�one..l.mis 76%fl�(f.e.,�I-.acre ,.whlch..is 6��34Ctsq._ft.},�P�r�ef_#2_vW.._.
would have 61,881 sq.ft. of CBA,just 3,457 sq. ft. short of the required 75%. As such, with 71%of CBA, request a relief of
-41/a:-My remaining~parcel-would-be-�-3.276-acre;and would-have-1000/o-of the-required-CBA- -_ . , --.A- _._._
Side setback required in Residential Zone 1 is 30 feet Proposed parcel#2 (2 acres)would have of 27.3 feet setback on
the S corner of the proposed home. As such;a rel3el of 27 feet is needed and requested.
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2, State all sections of the North Andover Zoning o mg Bylaw implicated in this variance petition:
of CBA in proposed parcel#2, and 100%CBA in proposed parcel #1
ec ien_ - � 7 ,, CBAat�e�sk7.;�.��� e,�.. . ��c�requ�re�i._2.acre.pa�r�l),m l3e�dentla��or�e 1 Have 1 42.1 �cras
--Section-1E95, attachment 3--required°30Lsetback;-and-have 27 3-feet-setback:,
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
,Asnated-in:.abave-section l-,-on-pr.opo,se.d,parceln#2,-request a-relief o.f- Yo-on �G13�9, and 2:Zfeert.in tde.setbackh«._�... i
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4. Identify and describe all plans and supporting documents being submitted with this variance petition:
,:7-Vadance.. ._.
- Building Permit
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
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Joseph William Mccarthy 922 Dale St.
-Quick claim deed
—Order-of-Resource-Area-Delineation;-and:stamped•Abbreviated-Notice-of Resource Area-Delineation,-approved-by the------
Conservation Commission.
-owner Le.,m� authorization letter to se steel#2.10 Dr.Arthur Gnnsatves; wtiieh alsomwouldlenable himto s eak_u at{ Y) p p p
.therZBA meeting-,- New home specifications of parcel#2�
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—Abuttersrf.Ist..
-Stamped„Plot Plan
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SUPPORTING STATEMENT
f.-�CFf Of="I�"f31;1.(�8�''J�(e(d�%:�1II1J2f;t��lf`IV7;5 7�'OIiA E.4iff3tVCL`,�i[1.5"1'd3h'Cs:S'9:F$l�l,f>4Fi1zL'�Er�'L) 58�'i'd�'C�(�TIf f:'�"CE311I'l;,Cs1'E;131s"I�ddG C3�'
d`#3Cs'ffld>1'11(itr�I"TN.1.0 Cf1.111��3�'C1 tf`1TF;t;.G. C, 40A,§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:
TheTabove-.referenced_AbbreviatedrNra#icemof.Kesnurce:Ar..ea_Delineation,submitted-to.the,town.,rprovidesin._depth-da#a..on,,:,
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soil conditions. Also, the Plot Plan includes topography, location of the proposed home on proposed parcel#2, etc.
2. Specify how the circumstances do not generally affect other properties in the zoning district:
The..proposeA division..of-my.p.ropert.y into„two...parcels..wi.11-not-affect,o her properti.es,.nor wiithe-propased_.homen.onmparceI-.,
#2 n a r the tree; . Furthermore, the northern half of both parcels will remain woodlands and a
'cu#2 near the corner of Winter 5t. and Dale St.
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3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
I am 78 years old, do not have a pension, and live on social security and my IRA. Approval of this Variance will enable me
td cd snue""td resiMifi-Ndith A"hiio�iet: .� d_ _. : ... „,._..
4. Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
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These two items that need a variance are minor and not uncommon for ZBA approval.
5. Explain why granting the proposed variance will be in harmony with the purpose and intent of the
North Andover Zoning Bylaw:
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Joseph William Mcckft 922 Dale St.
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_._.. _....�consistent with SSA bylaw relief ._ ...�. W _.r _....,_ .,,... _. .__. .__ _..-- 1i
ThisVariance is consi ent _t ....., ,_,�.._
G, Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
There will be no adverse Impact to the neighborhood. Furthermore, as noted, the northern half the two proposed parcels,
vihich'-abCf�dll"the ifibigh1Y0rs will tehi'alh- h'byfibld: . . .._._. � �... _.._.__.�.._ s.._. ....
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7A. Difference from Zoning Bylaw requirements: Indicate the dimension(s)that will not meet current
Zoning Bylaw Requirements. (Linea A and B in case of a lot:split)
Lot Area Sq,Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Covers a Feet Spaces Front Side A Side B Rear
A. 87,120 84,698 97% open space% 175 2+ SE-27.3
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 I Side B Rear
229,830 226,811 99% open space% 649.05 2+ 30 30 30 30
7C. Proposed Lot(s):
Minintutn Lot Setback
Lot Area Sq.Ft. Open Space Percentage,Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Rear
#1 - 142,710 139,691 98%open space% 474.05 2+ 30 30 30 30
#2-87,120 84,698 97%open space% 175 2+ K
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30 30 3Q
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
#2 -87,120 NIA NIA % 175 2+ 30 30 30 30
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NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Joseph William Mccarthy-922 Dale St.
8A. Existing Buildi>ng(s):
Ground Moor Sq. Number of Total-Sq.
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Ft. Floors i Number
Height Ft. UseofBuildin9 of Units*
2,998 2 35 4,428 My home EIE
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ReferencesLfrojn
�thezoning Table 1,
°*State number of units in buitding(s).
813. Proposed )Building s):
Ground Floor Sq. Number of Total-Sq. Number
Ft, Floors Hi Height Ft.
e Use of Building* ofUnits*
2,422 2 37.2 3952 Proposed home on proposed parcel#2 1
'References Uses from the Zoning Bylaw&Table 1.
*�State number of units in bullding(s).
PROPERTY OWNER CONSENT, CERTIFICATION& SIGNATURE
f3ignatures ofFetwoner•(s)a1v 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(oar)knowledge and belief.
eti 'over Signature) {Date)
X
(Petitioner Signature) (Bate)
rf Appllcable:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
Email Address of Attorney/Agent:
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
9. PLAN OF LAND G. 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 Cleric'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 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
I). Five(5)or more parking spaces, identified in M.G.L ch.40A§11 on abutters list
II). Three(3)or more dwelling units, for the legal notice check. Also,the applicant
III).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 1"x17", one(1)copy for the Decision mailing).
preferred scale of 1"=40'
11). 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:
I. North point
2. Zoning district(s)
3. Names of streets
4. Wetlands(if applicable)
5. Abutters of property,within 300'
radius
G. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
II). Legend&Graphic Aids shall
include:
f. 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
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