HomeMy WebLinkAboutVariance Application - 1.13.26 e ,
TOWN OF NORTH ANDOVER VARIANCE
ZONING BOARD OF APPEALS
Town Clerk Time stamp
NAME: gate Loci le
ADDRESS OF' APPLICANT 126 Prescott St., North Andover MA 01845
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be STEIN"6: SCHEDULING OF HEARING AND
submitted thirty QO I daysprior to the first public hearing. PREPARATION Off":LEGAL NOTICE:
Failure to submit the required information within the time The Office of Zoning Board of Appeals schedules an applicant
periods prescribed may result in a dismissal by the Zoning for a hearing date and prepares the legal notice for mailing to
:hoard of an application as incomplete. the parties of interest(abutters)and for publication in the
The information herein is an abstract of more specific newspaper.
requirements listed in the Zoning Board Rules and.
Regulations and is not meant to supersede there. The STEP 7. DELI VEI LEGAL NOTICE TO
petitioner will complete items that are underlined. NEWSPAPER:
The petitioner may pick up the legal notice in person fi-om the
STEP" I. ADMINISTRATOR PEII.T'VIIIT DENIAL: Office of the Zoning Board of appeals or the legal notice can
The applicant applies for a Building Permit and receives a be emailed to the petitioner for publication in the newspaper, If
Pp pp �
Zoning Bylaw;Denial form completed by the Building the legal notice is published at least fourteen(14)days before
Commissioner. the hearing,then the Applicant is scheduled for a hearing date.
STEP; . VARIANCE APPLICATION FORM: STEP" . PUBLIC HEARING BEFORE THE ZONING
C
Applicant completes an application form to petition the Board BOARD OF APPEALS:
of Appeals for a variance. All information shall be completed.. The applicant should appear,on his/her behalf, or be represented
by an agent or attorney. 1n the absence of any appearance
STEP IIAI" PREPARATION: due cause on behalf of the applicant,the Board shall
Applicant submits all of the required plan:information as cited decide on the swatter by using the information it has received to
pp
in page 2,section 9 of this form. date.
STEP 4. OBTAIN LIST OE'PARTIES IN INTEREST: The STEP"9. DECISION.
pp d decision .
Applicant requests the Assessor's..Office to compile a certified After hearing an , a copy of the Board's decision
the he
list of Parties in Interest(abutters . will be filed in the Office of the Town Clerk and sent to the
petitioner and all Parties in Interest.Any appeal of the Board's
STEP 5. SUBMIT APPLICATION: decision may be made pursuant to Massachusetts General Law
Applicant submits one 1 original and eleven(11 copies of ch,40A, § 17,within twenty( O days after the decision is filed
pp (
all required information to the Town.Clerk's Office to be with the Town Clerk.
certified by the Town Clerk with the time and date of filing.
The original shall be submitted to the own Clerk's office, STEP 1"�• RECORDING THE DECISION AND THE
'
and the 1 I copies will be submitted to the Zoning Board of PLANS.
Appeals secretary. The applicantp certification of the
is responsible for recording cep
decision,and any accompanying plans at the Essex County,
North Registry of Deeds 1 Union Street,Lawrence 'VIA 01 40
and shall complete the Certification of:Recording form and
forward it to the ZoningBoard of ATReals and to the Building
department.
IMPORTANT PHONE,NUMBERS:
978-688-9533, Office of Community: ev. & Services 978-688-9501 Town Clerk's Office
North.Andover Town.Hall 9 '8-688-9566 Assessor's Office
120 Main Street
North Andover,MA 0 184
978-688-9542 Fax for Community Development offices
97 -68 -9545 Building Department
97 - -9. 41 Zoning Board.of Appeals Office
NORTH ANDOVER ZONING BOARD OF APPEALS petition, for a VARI,AI CE
IMPORTANT-; A,PP1_,1,('*ANTS MUST C,OMPI.,ETE Alatj ".tTEMS ON THIS F0RM
PETITIONER INFORMATION
NAME: Nate Lc ckley
ADDRESS: 126 PrescoittSt. North Andover MA 01845
PHONE: 315-391-0214 EMAIL: NateLockley@gmail.com
If thepetitioner andlorproper0i owner is a company,corporation or other entity,a fist of the name and addresses of the
0 4,
principals,officers andlor managers inust be attached to thisform.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 1126 Prescott St
ZONING DISTRICT: Residence 4 ASSESSORS PROPERTY MAP NO.:092.0
LOT NO.:0000.0
OWNER OF RECORD: Nathan Lockliey
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 8749 PAGE 22,0 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY (i.e. owner, abutter, etc.):
Owner
CURRENT USE: Residential
PROPOSED USE: Residential
PREVIOUS VARIANCE GRANTED: YES NO x DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES NO X IF YES, DESCRIBE STATUS:
EXISTING CONDITIONS DESCRIPTION:
The existing shed is in good structural condition with no significant damage. It is weather-tight and suitable
for continued use.
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):
Setback side & rear relief(detailed below) to existing shed structure.
.........
-......... ........ ............1, ..........
"A" 2,
..........
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
C-4 Setback right side
...........
C-5Setback rear
... .......... . .........I.................. ............
........................ ........
3. State the specific relief being sought from the North Andover Zoning Bylaw, 'Including all ordinance
dimensional requirements and proposed dimensional conditions:
.................. .........
Required side setback is 15 feet,. Proposing side set back of 9.39 feet, needed relief is 5.61 feet.
........................ ....... .......
Required rear setback is 30 feet. Proposing rear set back of 20.6 feet, needed relief is 9.4 feet.
...........
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
This application includes the signed zoning bylaw review, building permit application, certified plot plan, floor plan
Page 3 of 7
FORTH AN OV R ZONING BOARD of APPEALS petition for VARIANCE
........ ,
abutters list, deed of the land, and property record card
.
SUPPORTING STATEMENT
BY
- $ ePING i w. ..gyp. FORTH SET "y T DETAIL
f. 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 shed is a existing structure when purchased with the house in 2013. The shed was constructed in a location that
optimizes use of the a.....nd and avoids..............other functional areas of the property due to limited available space of the lot.
p .....Y
2. Specify how the circumstances do not generally affect other properties in the zoning district:
The shed is a existing structure and the lot has limited space/area, which siqiniticantly restricts the placement of
accessory structures in compliance with current setback requirement
3. Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
Relocating the existing shed to comply►would require moving it closer to the swimming pool,, which pone aatt concern
and reduces practical space for outdoor activities due to the limited size of the lot
I.-
o w
4. Explain how the proposed variance�� is the rnirrinium change that i necessary to allow the reasonable use
p
of the land or structure:
Maintaining the shed in its current location preserves the intended use of the yard. No additional
changes or expansions are requested beyond what is necessary to address the setback requirement.
z . .... .... ...
5. Explain why ranting the proposed variance will be in harmony with the purpose and intent of the
p
North Andover Zoning:bylaw:
"age 4 of 7
M
NORTH AIDDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
. . . .
adjacent properties. Its currant location preserves safe distances from the pool and functional areas of the yard while
,maintalinlin ,, hie ve ali.aest etic,-,and use, the pr rt° y,,, ,, ,,,, r,, , „„,,
. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare
,."nth, ,, .
y
t rat ,,,
surrounding properties.. The structure is screened by existing landscaping and does not create noise, traffic, or safety
r - s the functional la out ofth�a ro ert v ithout altarin the character
,,hazards. Allo��n�the shed to reran �n place �pre�erve y p p y
of the neighborhood or diminishingproperty values.
p p
a ,,,,,✓a r,,i�,ivrnr,,,,,,ivri r,.c,,iii i,rermivv�i ✓ra mi ri,..rrr,,... ..,,vor ice,,.,,,r.i ....G i.mew,,,✓.,,,; urr,...:.,✓.,,..,,., i
7A. Difference from ,honing Bylaw requirements: Indicate the im e�n lon(s) that will not meet current
Zoning Bylaw Requirements. (Lines A and B 'n case of a lot split),
Lot Area Sq.Ft. open Space Percentage Lot Frontage Parking
S .Ft. Coverage Feet Spaces Front Side A Side B Pear
A.
B. %
7 . E dating dot:
Minimum Lot Setback
Lot Area S .Ft. open Space Percentage Lot Frontage Parking
S .Ft.. Coverage Feet Spaces Front Side A Side B bear
191925 % 30 15 15 30
ETC. Proposed Lot(s).
Minimum Lot Setback
Lot Area Sq.Ft. open Space Percentage Lot Frontage Parking
.Ft. Coverage Feet Spaces Front Side A Side B dear
191925 % 3o 15 9.39 20.6
7D. Required Lot. As required by Zoning Bylaw&Table 2
Minimum Lot Setback.
Lot Area S .Ft. open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS p�et,i�tion for a, VARIANCE
SA. Existing Buil dings):
Ground Floor Sq. Number of Total Sq. Number
It. Floors Height Ft. 'Use of Building* of Units*
176 1 10 176 Accessory Structure 1
_j
*References Uses frorn the Zoning Bylaw&Table 1.
State number of units in build ing(s).
8B. Proposed Building(s):
Ground,Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
*References Uses from the Zoning Bylaw&Table I
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signalums of Petitionet-(s)are t-equh-ed)
I am (eve are)the owner(s) of the property subjlect to this variance petition and I (wed' consent and certify as
follows:
1. 1 (eve) grant permission for officials and employees of the Town of No Andover to access my property
for the purposes of this petition;
2. 1 (eve) certify that I we have read the Board's Rules and Procedures before submittal to ensure the
completeness of my(our) petition;
3. 1 we certify that all the statements within this application and attachments are true and accurate to,the
best o (our ,l fowled; e and belief,
x '00000/
(Petitioner Sig Pure) (15ate)
x
(Petitioner Signature) (Date)
If App fic a b le:
Name of,Attorney/Agent for Applicant:
Address of Attorney/Agent:
1 1%
Phone Numuer of Attorney/Agent:
Email Address of Attorney/Agent:
Page 6 of 7
wF
NORTH ANDOVER ZONING BOARD OF APPEALS petition fir a, VARIANCE
1 1
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
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
1). Five(5)or more parking spaces,, identified in M.G.L ch.40A §11 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 Speciricat ions: 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 1.1"x 17", one(1)copy for the Decision mailing),
preferred scale of 111=401
11). Plan shall be prepared,stamped and 101. 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 Oo- A Variance once granted by the ZBA will
Registered Landscape Architect may lapse in one(1)year ifnot exercised and a new
be required for Major Projects. petition must be submitted
*9. C. *Requlired 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
6. Locations of buildings on adjacent
properties within 50' from
applicants proposed structure
7. deed restrictions,easements.
11). 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