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...... T^WN "F NORTH ANDOVER VARIANCE
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&Z.01,PNING B 11a%RD OF APPEALS
Town(10 k Time Stamp
NAIL:William McElroy
A DDRESS OF APPEAL:111 Barker St, North Andover
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for an .Application for a Variance
Tivel •e k,12)copies of the follo►17ing information must be The Office of Zoning Board of Appeals schedules an applicant
submitted thirty days prior to the first public hearing. fora hearing date and prepares the legal notice for mailing to
Failure to submit the required information within the time the panties in interest(abutters)and for publication in the
periods prescribed rn-kay 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 inforn-mtion herein is an abstract of more specific
requirements listed in the Zoning.Board Rules and S'1`EF 7: DELIVERY [. F LEGAL NUVIL'L TO
Regulations and is not meant to supersede then. The NEWS PAPER:
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 receN,es a
Zoning Bylaw Denial form completed by the Building STEP S: PUBLIC HEARING BEFORE THE ZONING
Conunissioner. BOARD of APPEALS: i
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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 belkalf of the petition,the
of Appeals for a V(ariance. All information shall be completed. Board shall decide on the matter b)7 using the information it has
receh.-cd 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,N�,ithin tvvent),(20)days after the decision is filed
with the Toivn Clerk.
STEP 5: SUBMIT APPLICATION:
Petitioner submits one(t)original and eleven 11)copies of all STEP 10. RECORDING THE DECISION AND THE
required information to the Town Clekl<'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 Toiirn 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; I Untion Street,Lawrence MA 01840
secretary*. and shall complete the Certificaticn�of Recording forrnl and
fbtii'ard it to the Zoning Board of Appeals and to the Building
STEP 6: SCHEDULING OF HEARING AND Department.
PREPARATION OF LEGAL NOTICE:
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IMPORTANT PHONE.NUMBERS:
978-688-9533 Office of Connmunut�,Dei% & Services 978-688-9a01 Town Clerk's Office
North Andoirer Town Hall 978-688-9566 Assessor's Office
120 Manny Street
North Andover,MA 0 184 5
978-688-9542 Fax for Community Deirelopment offices
978-688-954 7 Building Department
978-088-9541 Zoning Board of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
'7 F 71
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PE TITIONE R.INFORMATION
NAATE: William McElroy
&L i Z E e114 i i i Barker s t, N orn A rlC OVeF
PHONE: 603.498.4016 EMAIL: will berry gsornatote.com
Ij'tliepefifioner an(Ilorproptwil owin;,r is a compaijj corporation or offier entfty,a list of the naines andaelf/resses of the
principals,ojjicer.v an(flor managers must be aftaclied to t1tisforin.
OUBJECT PR"D ERTN'" INF"RMATYON
0 "A IL A-.# A
LOCATION OF PROPERTY- 111 Barker St, North Andover
ZONING DISTRICT.- R-2 ASSESSORS PROPERTY MAP NO.:035.0
LOT NO.:O 103
OWNER OF RECORD: William R McElroy Jr&Tiffany E Goddard
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK- 16803 PAGE168
OR CERTIFICATE NO,:N/A
RELATIONSI-HP TO SUBJECT PROPERTY (i.e. oNviicr, abutter, etc.):
Owner
CURRENT USE. Residence
PROPOSED USE: Residence Shed
PREVIOUS VARIANCE GRANTED: YES NO DECISION NO./DATE:N/A
OTHER REGULATORY REVIEW: YESX NO IF YES, DESCRIBE STATUS:
Zon i ng Den ial - Left Side Setback Insufficient 10' rather than 30')
EXISTING CONDITIONS DESCRIPTION:
inal family-home wit nraap. an an inaround C)Qnl in t1le baCkV rd.backyard is surrounded by a combination of white vynil (near the "house) and
chain in ence. ere is a utility-easement-along Me IDac edge-0- the lot.
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PaLye 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 intend to erect a 12'x16' shed for the residence in the backyard. The shed will be
used to house a riding mower, snowblower, garden tools, kids' toys, �oc�l furniture in
winter, etc. As an experienced carpenter, I plan to build the shed from scratch, but
following a proven design (Denver style shed - see plans). Due to the slope of the yard,
I will use concrete piers for the foundation. The shed will be located 10' from the left
property line, inside the existing fence-line and behind a line of established pine trees.
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
Zoning By-lawChapter i 95-4.3-1 Section S.
C-3. Leftside Setback Insufficient
3. State the specific relief bein,,,:, sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
Relief of 20' is requested for the Leftside Setback.
Proposed Leftside Setback of 10' rather than 30'.
4. Identify and describe all plans and supportinc, documents being submitted with this variance petition:
Shed plans: hops://bestbarns.info/perrritting/Denver%20Permit%24Set.pdf
Certified Plot Plan
Picture of proposed shed location with relation to adjacent abutters
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
SUPPORTING STATEMENT
1. Describe the special cn•ctimstances related to soil conditions, the shape or the topography of the laid or
structure that are unique to the parcel:
Plot is narrow, with less than 1/2 acre in the back yard. Back yard includes an inground
pool with a big slope behind and to the right side, a utility easement and well-established
trees at the rear of the lot- including a towering pine tre e.
2. Specify how the circumstances do not generally effect other properties in the zoning district:
Our narrow 1 10-foot lot combined with guideline 30-foot setbacks on .each side would
leave only a 50-foot bond in the middle of the yard for the shed. However, the pool is
located there, so using this area would de M- inish both functionality and curb appeal.
3. Explain how the liter2l enforce-ment of the North Andover Zo-ning Bylaw �.�i!1 t'esslt in asubstantZ�sl
hardship to the owner:
following the 30' setback guideline would force us to place the shed near the middle of
the backyard, very close to the pool. This would deminish both functionality of the
backyard and curb appeal.
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.location is within and along estrablished fenceand tree line.. The location
would be aesthetically pleasing for our yard, but also 'fit in' with the property line. The
shed would be es sentially out of sight from' ou r adjacent abutters' residence, which is
aaproximately 450' around the bend of their Iona driveway.
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 o;APPEALS union for d VARIANCE
.............Zoning By--lay. Chapter 195-4.3 Section S. The shed would be , e familyfor storage
,
including but not limited to housing a riding mower, snow blower
and other lawn tools,
kids' toys, pool furnit'ure in the V.inter: oto■
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood. or the
public Welfare: `�
1-he shed-would add value i proposed e to the Homo and oornrrun�ty,as it mould house and
hide many Items that have boon sitting under tarps, such as the riding
fi-ailer. p for and
garden Tihe' sh ed would tit in' Wit h th e ne�-�hborhood c.t the '--ro - I
. a. i� � �oSed o�ctto n.
7A_ Difference from Zoning Rvinw i-eaiiii-ements: Indurate the dr.
men sinnf0 tb at wi11 not u-nee# oirrent
Zoning Bylaw Requirements. (Lines A and B in case of a lot split)
I A A r ea S'q.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces .Front Side A Side B Rear
A. %
B. °fir
7B. Existing Lot:
_ __w_�..._.....� Munmuin Lot Setback
Lot Area Sq. Ft. Open Space Percent(rige Lot Frontage Parking
Sq.Ft. Cover"10C Feet Spaces Front Side A Side B Rear
30T I f
3o 30 301
7C. Proposed Lot(s):
Muiiznuin Lot Setback
Lot Area Sq.Ft. open Space Percenttzge Lot Frontage Parkin(T
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
% T T I
30 1[�V 30 30
1
7D. Required Lot: (As required.by Zoning Bylaw&Table 2)
Mizxi.inum Lot Setback
Lot Area Sq.Ft. open Space Percentage Lot Frontage Parkinb
Sq.Ft. Coverage Feet S aces Front Side A Side B Rear
Page 5 of 7
NORTH ANDOVER ZONING BOARD of APPEALS petition for a VARIANCE
8A. Existing Buildings):
Ground Floor Sq. Number of Total Sq. Number
F t. F toors Height Ft. use of Bunding4- of Wilts
NIA
*References ses from the Toiling I3��la�v Fable .
t
State number of units in building(s).
8B. Proposed Building(s):
Ground Floor Sq. Number of Total Sq. Number
z-- r r 4 n. r r r ti--� •t ■. . e'er Y r. e r • .0.
r 10UI5 MlgllL r t.. u SC u1 O LLUU111�= cal u 111ts ,
192 1, PIUS loft 11'8" 192 Shed 1
*References[.uses from the Zoning Bylmv T"Fable 1.
State number of units in building(s).
PROPERTY OWNER. CONSENT, CERTIFICATION & SIGNA,TURE
(,�igrratures of'Petitioner(s)are regnir•ed)
I ant (we are) the owner(s) of the pl-operty subject to this variance petition and I (we) consent and certify as
follows:
1. I (we) grant t)ermi ssion for officials and emnlovees of the Town of North Andover to access my nronerty
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 cand belief.
X -
(Petitioner Signature) (Date)
(Pe itiotlef Sm ature) (hate
tf Aj)plieable:
Name of Attorney/Agent for Applicant:
Address of Attorney/Agent:
Phone Number of Attorney/Agent:
Email Address of Attorney/Agent:
D C f-%f 7
<b.. v..:
FORTH 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 b}r the folloNving described plan. record., and land stave..or.
Phuis must be submitted Nvith this application to the 7. Locus
Town Clerk's Office and the ZB A secreta r)r at least
thirty- (30)days prior to the public hearing before the 9. D. Minor Project
Zoning Board of Appeals. Minor protects,sucli 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 ma.y be required when the application further information niay be required.
involves new coiisti-fiction/coiiN et-sioti/azid/or1 a
proposed change in use. 10, APPLIC.ATION FILING FEES
lo.A. Notification fees: Applicant shall pro�,ic�e
9. A. �a*or Projects a check or money order to: "Town of North
Major Projects are those. �i-hich 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 j. i�G��?�ut 1uf }�c�iiLf t dk k,.5, identified in IV.U.L ch. 4UA�I I on abutters fist
I1). Three (3)or more dwelling units, for the legal notice check. Also, the applicant
ill).2,000 square feet of building area. shall srrppl��first class postage stamps for each
Major Projects shall require, that in addition to the 98 address listed on the abutter's list, plus an
&9C feature, that the plans show detailed utilities, additional two(2)for the decision r-nailing.
soils,and topographic information. 10. B. Mailing labels: Applicant shalt provide
*9. B. Plan Specifications; four 94)sets of nailing labels no larger than
I). Size of flan: Ten(10) paper copies of 1"x2-518" (Three (3)copies for the Legal,and
�n]n n Ynnt fn i voPorl 1]"N-17 n116,t 11 rnn't,fnr#hp nod-ic inn Mq I i ricy
4 t i J L.A t A V 4 4 V W a i t/V'4+1e1 Y - a s;. , V;R/ ;■ 4.y J `� Y V Y CA i V 1 R a i R 1.l R R A-1 R�1
p referred scale of 1"=40'
11). Plan shall be prepared, stannped and 10. C. Applicant shall provide a check or
certified by,a Registered Professional money order to: T mN n 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. vetition must be submitted
*9. C. *Regriii•ed Features on Plan.
1). Site Orientation shall include,
l. North point
2. Zoning district(s)
}. Na nles of streets
4. Wetlands(if applicable)
5. Abutters of property. witluri 300'
radius
6. Locations of buildings on adlacent
properties ii ithin 50' from
applicants proposed structure
7. deed restrictions. easements.
1.1). Legend &Graphic Aids shell
include:
1. Proposed features in solid lines&
outlined in reel
ter..
dashed lines
3. Graphic scales
4. Date of Phwi
5. Title of Plan
Page 7 of 7