HomeMy WebLinkAboutVariance Application - Application - 16 Browns Court 7/23/2026 TOWN OF NORTH ANDOVER VARIANCE
ZONING ROAR® OF APPEALS
Town Clerk Time Stamp
NAME:Centro de Apoyo Familiar
ADDRESS OF APPLICANT :16 Browns Court
Procedure & Requirements
for an Application for a Variance
Twelve(12)copies of the following information must be STEP 6:SCHEDULING OF HEARING AND
submitted thirty 30 days prior to the first public hearing. PREPARATION OF 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
Board 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 them. The STEP 7:DELIVERY OF LEGAL NOTICE TO
petitioner will com lete items that are underlined. NEWSPAPER:
The petitioner may pick up the legal notice in person from the
STEP 1:ADMINISTRATOR PERMIT 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
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 2:VARIANCE APPLICATION FORM: STEP 8:PUBLIC HEARING BEFORE THE ZONING
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. In the absence of any appearance
STEP 3:PLAN PREPARATION: without due cause on behalf of the applicant,the Board shall
Applicant submits all of the required plan information as cited decide on the matter by using the information it has received to
in page 2,section 9 of this form. date.
STEP 4:OBTAIN LIST OF PARTIES IN INTEREST: The STEP 9:DECISION:
Applicant requests the Assessor's Office to compile a certified After the hearing and decision,a copy of the Board's decision
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(20)days after the decision is filed
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 Town Clerk's Office, STEP 10:RECORDING THE DECISION AND THE
and the 11 copies will be submitted to the Zoning Board of PLANS.
Appeals secretary. The applicant is responsible for recording certification of the
decision,and any accompanying plans at the Essex County,
North Registry of Deeds; 1 Union Street,Lawrence MA 01840
and shall complete the Certification of Recording form and
Und to the
epartment.
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
978-688-9542 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
Centro de`Apoyo Familiar- 16 Browns Court
IMPORTANT:APPL:IIII:CANTS MUST CIIPIPLE"i"Ian ALI.,I°':I EMS 011� THIS FORM
PETITIONER INFORMATION
NAME: Centro de Apoyo Familiar
ADDRESS: 15 Union Street, Ste. 205, Lawrence, MA 01840
PHONE: (978)332-7108 EMAIL: ymelo@mycaf.org
If the petitioner and/or property owner is a company,corporation or other entity,a list of the names and addresses of the
principals,officers and/or managers must be attached to this form.
SUBJECT PROPERTY INFORMATION
LOCATION OF PROPERTY: 16 Browns Court
ZONING DISTRICT: R-4 ASSESSORS PROPERTY MAP NO.:41
LOT NO.:47 f
OWNER OF RECORD: Centro de Apoyo Familiar
DEED RECORDED AT ESSEX NORTH REGISTRY OF DEEDS AT:
BOOK: 18333 PAGE 100 OR CERTIFICATE NO.:
RELATIONSHIP TO SUBJECT PROPERTY(i.e. owner,abutter,etc.):
Owner
CURRENT USE: Two-family residential
PROPOSED USE: Two-family residential
PREVIOUS VARIANCE GRANTED: YES NO X DECISION NO./DATE:
OTHER REGULATORY REVIEW: YES X NO_IF YES, DESCRIBE STATUS:
Applicant is also filing an application for special permit for two-family use
EXISTING CONDITIONS DESCRIPTION:
Property is currently imorovPd with an existing two-family dwelling
Page 2 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Centro dApoyFarnlhar 1 `BrownsGoutk
PROPOSAL DESCRIPTION
1. Briefly describe all proposed changes to the structure(s) and/or use(s):
Applicant_prup .sussto...raz, ..,x ,,,,,existi ,.Are.-,family . ! Ili g.,on,,, he...property-and .,,,replace-tbe same,.wth anew t oz,am[[Y...'_.
dwelling
2. State all sections of the North Andover Zoning Bylaw implicated in this variance petition:
§195-7.2(A), §195-7.3(A)&(B)
3. State the specific relief being sought from the North Andover Zoning Bylaw, including all ordinance
dimensional requirements and proposed dimensional conditions:
„App,li.cant,r questsAhat..,the..,Z ingm.Board�,allew,w.a,,frnntsetback,nf 1 ..,9,,,feet,w re..the.,min um frnt.,s,etback.,re,quire.ment..-,,.
of the Zoning Bylaw is 30 feet(ie, a variance of 11.1 feet), as well as a side setback of 1.0 feet where the minimum side
-setback requirement of thewZoning,Bylaw is°,1,5,,feek�(,,ie,,,°a-variance-of 1,,4°a3,feet�.-in-,ad�ditiorr;the-lot,is,a,-preexisting
nonconforming lot with 5,298 SF of lot area where 12,500 SF is required under the Zoning Bylaw(ie, a variance of 7,202
SZn and withm60.0feet of`fronta' 6where 10YX11feet of fronts e is rem wired under the Zonin-g B µlaw-ie- a variance'ofu40.0 W
g g q g Y (
.,.w, .0 ....,W., .
4. Identify and describe all plans and supporting documents being submitted with this variance petition:
l'Ian,cf,,band.,,15.,,.Brcwns.,Cn,urt..N_orth.Andcuer„,,,Mass,..,prepare„d by,,,Andover,,,,G,rznsul ants„1nc..,.,Preposed..,Flcor,Plans,,,and,,u
Elevations; Memorandum in Support of Application
Page 3 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Centro de Aoyo Far>•(liar '16 BrOwnS Court
SUPPORTING STATEMENT
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 pameLis narrnwt"b-aped-which.WB.clad-es_cDastructioru)La-zoning rapkarat=structu.re iLs--rated-tbaLtbe existing
structure is also nonconforming to zoning and was built around 1900
2. Specify how the circumstances do not generally affect other properties in the zoning district:
Thp-narrow it w s ap tl e .tas t ably thr � � t tb � a .J .s ci t a h lobs at ssu __ r
drawn around historic structures that predated adoption of Subdivision and Zoning Bylaws.
3.Explain how the literal enforcement of the North Andover Zoning Bylaw will result in a substantial
hardship to the owner:
Jhe-pamei ,utss nurner_ous--small::lo#s_bat-areAmprave_d_key-multi-are, y_dw-elhngs=and=itexai-:af eccaeat=oi_the=ZQDmg--.
Bylaw would unfairly prevent construction of a two-family dwelling that is consistent with dwellings in the surrounding
-neighrborhood°and°-consistent-,generatfy=with the=historiccuse=�of-ythe-Mpertq
4.Explain how the proposed variance is the minimum change that is necessary to allow the reasonable use
of the land or structure:
Absent_the-Te_quested-var_aancesthe..properi"annot-bp--reasonably=Qrieasibiy.redevelop-el:..to-i prov-e-.tbe,.uld—.--,._
nonconforming property and structure.
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
Centro deApoya Fariiilier-16 Browns,Court
..Two.zf,amity..dswellings,-are..ailo,wed...byy..N sp,ecial_p,er it..,in..then,,,[R.4w.Zo,ning-.Disetrick,,,so,-I at,mthe,.. .ken.de.d,,us.a is.,.expressly............ .................
consistent and in harmony with the purpose and intent of the Zoning Bylaw. Further the overall structural density for the
•development°°by,,Applica,ntmwilt°remains consisterrfi°°with
6. Describe the impact on the neighborhood and how it will not be detrimental to the neighborhood or the
public welfare:
'he...proposed,,tw.o7family use-is...consistent,,,witb-otber-nearby.m.ulti✓.tamil.y..str.ucturwe ..,in...tbe._n.eig.bbo.ncon,d,—E.u,rther,. k ....... ...._........
_ .
proposed new structures will be substantially more aesthetically pleasing and a vast improvement over the old structures
on°trepraperty;°which*will°°be°more°consistent°°witb wdwlirtgs°irr therreigh#rorh�rad~ar�tf°irr�prcrve~th °curb~ap frearl; w
landscaping and public 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. Coverage Feet Spaces Front Side A Side B Rear
A• 5,298 SF N/A N/A % 60.0' N/A 18.9' 1.0' N/A N/A
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 Side B Rear
5,298 SF N/A N/A % 60.0' 4 18.9' 10.6' 25.6' 29.5'
7C. Proposed Lot(s):
Minimum Lot Setback
Lot Area Sq.Ft. Open Space Percentage Lot Frontage Parking
Sq.Ft. Coverage Feet Spaces Front Side A Side B Rear
5,298 SF N/A N/A % 60.0' 4 18.9' 1.0' 19.2' 34.7'
%
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
12,500 SF N/A N/A % 100, 4 30' 15' 15' 30'
Page 5 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
o
Centro de Apoyo Familiar 16;13rowns Court
8A.Existing Building(s):
Ground Floor Sq. Number of Total Sq. Number
Ft. Floors Height Ft. Use of Building* of Units*
936 SF 3 <35' 2,200 SF Two-family dwelling 2
*References Uses from the Zoning Bylaw&Table 1.
**State number 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*
1,120 SF 2.5 33'8" 2,898 SF Two-family dwelling 2
*References Uses from the Zoning Bylaw&Table 1.
**State number of units in building(s).
PROPERTY OWNER CONSENT, CERTIFICATION & SIGNATURE
(Signatures ofPetitioner(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. 1(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 a ... 7/22/26
(Pe boner ign ure) (Date)
r�
7/22/26
(Petitioner Signature) (Date)
If Applicable:
Name of Attorney/Agent for Applicant:Brian G. Vaughan, Esq.
Address of Attorney/Agent: 120 Water Street, Suite 406, North Andover, MA 01845
Phone Number of Attorney/Agent:(978)327-5217
Email Address of Attorney/Agent: bvaughan@smolakvaughan.com
Page 6 of 7
NORTH ANDOVER ZONING BOARD OF APPEALS petition for a VARIANCE
Centro de Apoyo';Familiar- 16 Browns Court
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
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
I). Size of plan: Ten(10)paper copies of I"x2-5/8"(Three(3)copies for the Legal,and
a plan not to exceed 11"x17", one(1)copy for the Decision mailing).
preferred scale of l"=40'
II). 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:
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.
II). 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