HomeMy WebLinkAboutMiscellaneous - 75 CHESTNUT STREET Town of North Andover
ZONING BOARD OF APPEALS .
Albea P.Manzi III,Esq.Chanaraa NORrrt
En.P.Mdmv, ,V'aChm)man
Richard J.Byers,Esq.Ckrk 2DI3 AUo o Fii 2: 17
D.Paul Kmh Jr. i
All..Cand. ♦ y s
ArrodaabfmArn
Michael P.Liporto '4•'^+..,..�"`.n
Doug Ludgm
Dene,Morgaothal
Town ae T Stamp
Any appeal shall be filed within(20) Notice of Decision
days after the date of filing of this Year 2013
notice in the office ofthe Town Clerk,
¢r MASS.Gen.L.eh.40A, §17 Property at:75 Chertaut Street(Map 60.0 Parcel]8),North Andover,MA 01845
NAME: Edward and Tina Collins HEARING(S): 7 May 2013 and 13 August 2013
ADDRESS: 75 Chestnut Street(Map 60.0 Parcel 28), PETITION: 2013-002
North Andover,MA 01845
The North Andover Board of Appeals held a public hearing at The Town Hall, at 120 Main Street,North Andover,
MA on Tuesday, 13 August 2013 at 7:30 PM on the application of Edward and Tina Collins for property
located at 75 Chestnut Street (Map 60.0 Parcel 28), North Andover, MA 01845. Petitioner is requesting a
Variance from Table 2 (Dimensional Requirements) for two front setbacks and one rear setback of the Zoning
Bylaws in the R-3 Zoning District,to construct a new single stall garage.
Legal notices were sent to all the certified shorten provided by the Town of North Andover,Assessors Office,and
were published in the Eagle-Tribune,a newspaper of general circulation in the Town of North Andover,on April 23
and April 30th,2013.
The following regular voting members were present:Albert P.Manzi III,Richard J.Byers,D.Paul Koch Jr.,and
Allan Cuscia. Associate member Doug Ludgin and Deney Morganthal
Associate Member,Deney Morganthal recused himself from the vote
Cuscia made a motion to Grant the 3 Variances from Table 2 of the Zoning Bylaw for 75 Chestnut Street to
construct a single stall garage. The 3 Variances included Front Setback A, 13.2,the Front Setback B,25 and the
Rear Setback, 15.1 all Variances Granted.
Koch second the motion
All in favor to Grant the three Variances were Albert P.Manzi 111,Richard J.Byers,D.Paul Koch Jr.,Allan Cuscia,
and Doug Ludgin
The motion was unanimously approved and the Variances were granted.
5-0
The Board finds that owing to circumstances relating to soil conditions, shape, or topography of the land or
structures and especially affecting such land or structures but not affecting generally the zoning district in general,a
literal enforcement of the provisions of the Bylaw will involve substantial hardship, financial or otherwise, to the
petitioner or applicant. The Board finds that desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent of the purpose ofthis bylaw.
The Board also finds that this use, as developed by the building& site plans, is an appropriate location for such a
use and will not adversely affect the neighborhood. There will be no nuisance or serious hazard to vehicles or
pedestrians,since there are provisions for the required off-street parking. Adequate and appropriate facilities will be
provided for the proposed single stall garage. The Board finds that the garage will not be substantially more
detrimental to the neighborhood and that this use, is in harmony with the neighborhood and general purpose and
intent ofthis Bylaw.
Page 1 of2 /
Site: 75 Chestnut Street(Map 60.0 Parcel 28),North Andover,MA 01845
Petitioner is requesting a Variance From Table 2 (Dimensional Requirements)
for two front setbacks and one rear setback of the Zoning Bylaws in the R-3
Zoning District to construct a new garage.
Plan(s)Title: 1)"Plot of the Land"containing one(1)sheet. Prepared by Sullivan
Engineering Group,Dated February 1,2013 revised August 1,2013 and 15
August 2013
2)"First Floor Plan Existing",Containing one sheet,
`First Floor Plan",Containing one sheet,"Front Elevation",Containing one
sheet,Driveway Side Elevation",Containing one sheet
Prepared by Twomey Design 23 California Drive,Reading MA 01867.Dated
August 1,2013
Votin in favor: Manzi,Byers,Koch,Cuscia and Lu 'n
Votin in the Ns ative: 0
The Board finds that the applicant has satisfied the provisions From Table 2 (Dimensional Requirements) for two
front setbacks and one rear setback of the Zoning Bylaws in the R-3 Zoning District to concoct a new Single stall
garage at the location of75 Chestnut Street(Map 60.0 Parcel 28),North Andover,MA 01845 in the R-3 District.
Notes:
1. This decision shall not he in effect until a copy ofthis decision is recorded az Ne Essex County Registry of Deeds,Northern District az
the applicant's expense.
2. The granting of the Variance as requested by the applicant does not necessarily ensure the scanning of a building permit as the applicant
most abide by all applicable local,state,and federal building codes and regulations,prior to the issuance ofa building permit as required
by the Inspector of Buildings.
3. If Ne rights authorized by the Variance are not exercised within we(2)years ofthe daze of Ne grant,it shall lapse,and may be m-
established only after notice,and a new hearing.
QW a�4
No h Andover Zoning oard of Appeals
art P. Manzi FII, Esq.,Chairman
Ellen P. McIntyre, Vice-Chairman
Richard J. Byers,Esq.,Clerk
D. Paul Koch Jr.
Allan Cuscia
Doug Ludgin
Decision 2013-002
1 Page 2 of 2
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Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
Variance (3
Special Permit
Comprehensive Permit(40B)
Finding
For property located at:
STREET: Z!
MAP: C PARCEL: 0�1 0
TOWN: North Andover MA 01845
TO MEETING DATE(S) /3 / a0/3
NAME OF PETITIONER.,
ETITIONEER �/a Oitl r?NI7 ��hS
SIGNED: 1 �BXI/ r IlS
Petitioner(or petitioner's representative)
�fll5� Y lr
IG00 Osgood Street,Building 20-Snae2035,NAnb Avdover,Masnelmttas 04
Phwo;-978-688-9541 Pax-978.6884542 web-www.tmvnornorth dovaw.
Town of North Andover Tin cred,r
ZONING BOARD OF APPEALS
Wvd.9.'Namd 999,£oq. Maii m RECEIVED
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Dougtae Budr-
Date
Town of North Andover
Zoning Board of Appeals
1600 Osgood Street
North Andover MA 01845
Please be advised that I have agreed to waive the time constraints for the North
Andover Zoning Board of Appeals to make a decision regarding the granting of a
3 )Variance ✓�
Special Permit
Comprehensive Permit(40B)
Finding
For property located at: 1
STREET: 1175
MAP: _6'0, if PARCEL: p
TOWN: North Andover, MA 01845
TO MEETING DATE(S)
NAME OF PETITIONER: ��/
SIGNED: —Mc—oak
Petitioner(or petitioner's representative)
1600 Osgood Street,Building 20-Suite 2035,North Andover,Massachusetts 01845
Phone-978-688-9541 Fax-978-688-9542 Web-www.towvornorthandover.com
e be allowed w to out 1t to
whom It Mal Concern that an attached aRvewal d vehicle patterns
will
To letter to rqueset.The prop°sf�pedestoan an
this Stre rren stances due
e ace submitbna at? �best nuordinglY,the cu
ornet lot hich has s ularals sMallen Is area
our home locate
driveway A
althouth somewhat rectan9 This Prc call 1ma
kes
at hangs.
rhe ko intnt Re o0d pvenurc .el which{ec
h the ocabo^
ez�sGn9� of the lot, the pd ovally,
to lot shape r T um of aeea paper
s Tee Map tbaa
ar et l t burldin9 setbaear se cksl creates
de. all
the
iuRhat P mP�the m"Olm acOtoe[k t r�onfo holfrng ^g t w uld reront, 1quire variana substan hardship sine
erD1 n°^' use
Ual
tof th egrstm9 hOuadd troy to the ould create structure
tha{anY regulation because the eXistm9
situa5on onin9
ant of aced to this structure lot area
trtera\entorcem imum af{� 8
no additro^could ba a setbacks. nthe min NIB and Setba��
to all yard 68/a sm tha
conforrnrn9 conforrrgg with Y
house is non &fglsfln lh
The fact tend Land t at the eXlSrsng d ( o addition to th f
requirement) uestfotthevafianCeS, Any UfBW��ld
support the req
require zoning relief and the proposed addifl0n, due pCll�msf
fitting with the existing neighborhood.Within the nelfbr an�1S Qu(IIn J`
the houses have attached garages. Furthermore froal h��i approyy ry� II I� UIUIOVP
Conservation agent of North Andover, Jennifer HuAh�,�lland 411��'V
any wetlands, In summary Y pr I j S
surrounding values, withouffderoeat,proPoSed atldltlon will i �1�
Thank
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To Whom It May Concern:
uest that an attached garage be allowed with
be built o
We are submitting this letter to req
ro osed driveway coincides witatterns will
Accordingly, the current pedestrian and vehicle p
our home located at 75 Chestnut Street.Thep r
present U-shaped driveway' s due
corner lot which has special circumstance
not change ular, is smaller in lot area
re existing, non-conforming h somewhat rectangular, property 15makes
Our lot is a p e of the lot, although district. This a .
e The shap which technically
location
to lot shap lot area requirement for lewc Avenue)Additionally,
than the in aper street( P. Setbacks. creates a
further comPlr�ta due to a P. two front building and rear setbacks)
a corner lot req to front, side,
this proPe house (non conforming uire variance relief.
Of the existing ad (non to the house would req since
situation that any substantial
h is hip
on-
Literal enforcement of the zoning regulations would create i substantial hardship
no addition could be added setbato c this structure because the existing
conforming to all y
house is non-conforming with the yard setbacks
rea
addition to theexisting structure would
The fact that the lot's so undersized (66% smaller than the minimum o a
requirement) and est for the vathat the riances. Any
ort the req addition, due to circumstances outlined above, is
Supp relief and the proposed ithin the neighborhood, approximately 90% of
require zoning neighborhood.VV ore, from a Wetland perspective, the
fitting with the existing garages. Furthermore,
the houses have attached g Andover, Jennifer Hughes, stated this lot does not have
Conservation agentthe proposed addition will increase the property value and
any wetlands. In summary, from the intent of the zoning bylaw.
surrounding values, without derogating
Thank you for your consideration.
Sincerely,
yE=��/�
1
4� C,ins
Edward &Tina Collins
To Whom It May Concern:
We are submitting this letter to request that an attached garage be allowed to be built to
our home located at 75 Chestnut Street. The proposed driveway coincides with our
present u-shaped driveway. Accordingly, the current pedestrian and vehicle patterns will
not change.
Our lot is a pre-existing, non-conforming corner lot which has special circumstances due
to lot shape. The shape of the lot, although somewhat rectangular, is smaller in lot area
than the minimum lot area requirement for the R3 zoning district. This property is
further complicated due to a paper street(Maplewood Avenue) which technically makes
this property a corner lot requiring two front building setbacks. Additionally, the location
of the existing house (non-conforming to front, side, and rear setbacks) creates a
situation that any addition to the house would require variance relief.
Literal enforcement of the zoning regulations would create a substantial hardship since
no addition could be added to this structure because the existing structure is non-
conforming to all yard setbacks.
The fact that the lot is so undersized (66% smaller than the minimum lot area
requirement) and that the existing house is nonconforming with the yard setbacks
support the request for the variances. Any addition to the existing structure would
require zoning relief and the proposed addition, due to circumstances outlined above, is
fitting with the existing neighborhood. Within the neighborhood, approximately 90% of
the houses have attached garages. Furthermore, from a wetland perspective, the
Conservation agent of North Andover, Jennifer Hughes, stated this lot does not have
any wetlands. In summary, the proposed addition will increase the property value and
surrounding values, without derogating from the intent of the zoning bylaw.
Thank you for your consideration.
Sincerely,
49 a�
Tui. c4k"
Edward &Tina Collins
6 NOR)R
"'""'` Zoning Bylaw Review Form
9 Town Of North Andover Building Department
' '" 1600 Osgood St. Bldg20 Suite 2-36
North Andover, MA. 01845
Phone 978-688-9545 Fax 978-688-9542
Street: 75 Chestnut Street
Ma /Lot: 60.0/28
Applicant: Collins Edward L and Tina M
Request: To construct a Garage
Date: April 8,2013
Please be advised that after review of your Application and Plans that your Application is
DENIED for the following Zoning Bylaw reasons:
Zoning R-3
Item Notes Item Notes
A Lot Area F Frontage
1 Lot area Insufficient X 1 Frontage Insufficient
2 Lot Area Preexisting X 2 Frontage Complies
3 Lot Area Complies 3 Preexisting frontage X
4 Insufficient Information 4 Insufficient Information
B Use - 5 No access over Frontage
1 Allowed X G Contiguous Building Area
2 - Not Allowed 1 Insufficient Area
3 Use Preexisting 2 Complies
4 S ecial Permit Required 3 Preexisting CBA X
5 Insufficient Information 4 Insufficient Information
C Setback H Building Height
1 All setbacks comply 1 Height Exceeds Maximum
2 Front Insufficient 2 A&B X 2 Complies X
3 Left Side Insufficient 3 Preexisting Height
4 Right Side Insufficient 4 Insufficient Information
5 Rear Insufficient X I Building Coverage
6 Preexisting setbacks X 1 Coverage exceeds maximum
7 Insufficient Information 2 Coverage Complies
D watershed 3 Coverage Preexisting X
1 Not in watershed X 4 Insufficient Information
2 In watershed ,I Sign
3 Lot prior to 10/24/94 1 Sin not allowed NIA
4 Zone to be Determined 2 Sign Complies
5 Insufficient Information - 3 Insufficient Information
E Historic District K Parking
1 I In District review required 1 More arking Required
2 1 Not in district I X 2 Parking Complies X
3 1 Insufficient Information 3 Insufficient Information
4 Pre-existmil Parkin
Remedy for the above is checked below.
Item# Special Permits Planning Board Item# Variance
Site Plan Review Special Permit X Setback Variance
Access other than Frontage Special Permit Parkinn Variance
Frontage Exception Lot Special Permit Lot Area Variance
Common Driveway Special Permit Height Variance
Congregate Housing Special Permit Variance for Sign
Continuing Care Retirement Special Permit Special Permits Zoning Board
Independent Elderly Housing Special Permit X Special Permit Non-Conformning Use ZBA
Large Estate Condo Special Permit Earth Removal Special Permit ZBA
Planned Development District Special Permit Special Permit Use not Listed but Similar
Planned Residential Special PermitS ectal Permit for Sin
R-6 Density Special Permit Special permit for preexisting
Plan Review Narrative
The following narrative is provided to further explain the reasons for DENIAL for the
APPLICATION for the property indicated on the reverse side:
Item - Reasons for
Reference
Table 2 Summary of Dimensional Requirements.
Table 2 Three Variances are needed two for Front, and one for Rear setbacks
Sec.9.1 Pre existing non-conforming Structure. Special Permit
Referred To:
Fire - I Health
Police X Zoning Board
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Sublecf PraoerfV
MAP PARCEL Name Address
WC 28 Edward&Tina Collins 75 Cheslnut Street North Andover,MA 01895
Abutfere%ooertres
Map PP c1_I Name .Address
59'. 40 Mak Street Preteens.,LLC SoP.m Street Andovep MA 01810
W 41 donna Mermelstal0 41 Chestnut Street Ned,Amemn,MA 01845
58 93 Andrea Rngsre 45 Chestnut Street Nord Andover,MA 01898
60.A 11 Steven Reynolds. 96 Chestnut Sheat hill Andovsr,MA W845
60A 12 Margaret Ruth Rokous WChestnut Street Nodh Andover,MAc01816
61LA 13 PelerJonh Loughor. 120 Milk Stral North Andovsr,MA 01648
50.A 14 Sahara Siegel 117 Milk Street Non,Adak ver,MA 01845
60.0 1 Fronds Smith W Chestnut Street Nosh Andover,MA 01845
W.0 2 Metal Constable 134 Milk Street North Andover,MA 01895
W.0 6 canard Smith 87 Chestnut Street Nortn Ando..,MA 01895
60.£ 6 Chares:OueW 16 Longwood Averm North.Andover,.MA 01845
W.0 7 Amit Kumar 31 Longwood Avenue Nord Andwel,MA 01815
60Z 8 :David tepmnl 24 Longwood Avenue North Andover,MA 01818
po.0 27 Deborah Cowen 113Cfiastriu strand Noes Andover,MA.01846
6e.G 28 Judith Brasseur 5 Lentil Avenue .North Andover,MA.01846
W.c 31 Kevin&CeNden Hamer-Porter 12kfimte Avenue :Norge Andover,MA 01895
WL 40 Willtarn Canty 42 Hevrin Avenue North Andover,MA 01&15
W,C 41 NIMAO. SOH"If Avanue North AndoverMA 01845
80.10 42 Rods Valley Amity,LLC P013=40 New JOnoBon,.NH 03859
W.£ 4a Real Slander 67Chesewt Street Nodh Andover,MA 01845
W,C 44 Madeline Made Hennelly 63Chestnut Sheet Nath Andover,MA 01995
W:C 46 Kenneth Kes r 21 Hewitt Avenue North Andover,MA 01346
WIC 48 Edward War 27 Hewitt Avenue North Andover,MA 01645
W.0 47 Mark Mol 31 Awn:Avenue Nord Andover,MA 01996
W.0 52 Edmund Hyder 118 Crashed Street Nonh Andover,MA 01845
W:G 56 Clayton Manor 60 Chesthbt Still Nord Andover,MA 01695
60.0 57 Ronald Moody 28 Hawitt Avenue North Andover,MA.01845
This certifies that the names appearing on the
records of the Assessors Once as of
_ Gafae✓ /r jC l(
Certillad by: Data. 1 t s !Z-
a.. i21wa14
Pads M