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HomeMy WebLinkAboutOrders Letters and Photos - 19 CHADWICK STREET 6/2/2016 (2) t LAK & VAUGHAN A T T f7 1?_ f,4 E Y S MEMORANDUM To: Town of North Andover Zoning Board of Appeals Applicant/Owner: Roberta A. Clifford and Thomas P. Clifford Property: 19 Chadwick Street (Map 66/Parcel 32) Date: June 2, 2016 MEMORANDUM IN SUPPORT OF PETITION FOR SPECIAL PERMIT I. INTRODUCTION The Petitioners,Roberta A. Clifford and Thomas P. Clifford,are requesting a special permit to allow for the construction of an addition to an existing single family dwelling located at 19 Chadwick Street,North Andover,MA (the"Property"),and for the conversion of the existing one-family dwelling to a two-family dwelling. Specifically,the Petitioner is seeking relief pursuant to Sections 4.122(14)(B) and 4.122(14)(D) of the Zoning Bylaw of the Town of North Andover,as amended (the "Zoning Bylaw") in the form of a special permit to allow for the expansion of the garage on the first floor and for the addition of a second dwelling unit,to be constructed above the expanded garage on the second floor. The residence is presently occupied by Thomas P. Clifford with his wife and daughter. The second unit would be intended to be occupied by Mr. Clifford's parents'. II. BACKGROUND The Petitioner is the owner of the Property located at 19 Chadwick Street,which is a single family home with an attached garage. The Property is designated on the 1 Although the intent is for the Applicant's parents to occupy the second unit,it is noted that the applicant is seeking a two-family conversion and not a Family Suite.This is intended to enhance the value of the property for future resale or for rental when Mr. Clifford's parents no longer are able or desire to occupy the second floor apartment and because it is consistent with the neighborhood as the property is primarily surrounded by multi-family homes. {00100422;v1} i East Mill,21 High Street, Suite 301,North Andover,MA 01845 i W WW.S M O LAKVAU G H AN.C O M i i f r Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 Town of North Andover Assessors Maps as Map 66,Lot 32. The Property is presently owned by Roberta A. Clifford,jointly with her adult son,Thomas P. Clifford. The property is currently occupied by Thomas P. Clifford together with his wife and daughter as their principle residence. The parties intend to improve the property by expanding the footprint of the garage and constructing a second dwelling unit on the second floor above the garage. A copy of the Deed for the Property and a Plot Plan depicting the existing and proposed footprint of the structure are included with the Petitioner's application. The Property is located in the Residence 4 ("R-4")Zoning District where the existing use of the Property as a single family residential dwelling is permitted by right. Pursuant to Sections 4.122(14)(B) and 4.122(14)(D)of the Zoning Bylaw,however, the construction of a second dwelling unit on the Property and the conversion of the Property from a one-family home to a two-family home would require the issuance of a Special Permit by the Zoning Board of Appeals. Accordingly,when the Petitioner applied for a building permit to allow for the construction of an addition to include the second dwelling unit,the Building Inspector issued a denial of the building permit dated June 1,2016 (the"Denial Letter"),citing as the basis for denial that the proposed project requires a Special Permit. The Property is an older home with a number of preexisting lawful nonconformities. The Property is improved with a single family home and detached garage,on a slightly undersized lot(11,250 SF where 12,500 SF is now required) and with existing dimensional setback nonconformities (side setback of 18.83 feet where 20 feet is now required,and front setback of 26.8 feet where 30 feet is now required.) The proposed project will include substantial improvement(both aesthetically and structurally) to the existing structure and Property. The existing garage will be partially razed and will be reconstructed,with the new second dwelling unit to be constructed above the garage and also being attached to the existing principal residence.It is noted that while existing dimensional setback nonconformities will remain as presently existing,no new nonconformities will be created and no existing nonconformities will be increased. III. DISCUSSION As noted above,the Petitioner is requesting a Special Permit for the construction of a second dwelling unit and conversion of an existing one-family home to a two-family home pursuant to Sections 4.122(14)(B) and 4.122(14)(D) of the Zoning Bylaw. With respect to the specific dimensional criteria for a two family conversion under Section 4.122(14)(B) of the Zoning Bylaw,we note as follows: a) The conversion involves increasing the size of an existing structure but the expansion area (1270 SF)is less than 50% of existing gross floor area {00100422;v1} 2 Memo to North Andover ZBA Re:19 Chadwick Street June 2,2016 (2761 SF),and both the expansion area (1270 SF) and second dwelling unit(635 SF) are less than the maximum allowed of 1500 SF; b) The conversion does not involve razing an existing structure or creating new lots so subsection(b) is inapplicable; c) There will be at least 2 parking spaces for each unit with a total of 4 spaces proposed (2 garage spaces and 2 driveway spaces); d) All parking spaces are at least 10 feet away from any lot line; e) The garage is more than 10 feet behind the front facade (Chadwick Street) of the structure; f) The converted structure will meet all dimensional requirements of the R-4 District under the Zoning Bylaw (subject to existing grandfathered nonconformities as noted above); g) All stairways leading the second and upper floors are enclosed; h) The entire length of the wall of the second dwelling unit is connected to a common wall with the existing/first dwelling unit and thus satisfies the 75% common wall requirement. i) The post conversion roofline does not exceed the height of the existing roofline, and does not significantly alter the pitch of any post conversion rooflines. In addition to satisfying the dimensional criteria for a Special Permit as described above,the current application will be consistent with the existing demographics of the neighborhood.It is noted that most of the surrounding homes,including the homes directly across the street from the subject property on both Chadwick Street and Brightwood Avenue, are two family or larger multifamily homes. Included with this application are photographs of the existing structure at the property as well as the homes located directly across the street on both Chadwick Street and Brightwood Avenue. The surrounding homes are clearly larger multifamily homes and the proposed addition will not result in a derogation of the neighborhood. In addition,the subject lot, while preexisting nonconforming as to lot size,is in fact one of the larger lots in the neighborhood.So equity would suggest that the subject lot should also be allowed to be converted from a single family to a two family dwelling. Further,while not specifically being limited to use as a family suite,the two family conversion also fulfills a short term need consistent with the general purpose and intent of providing suitable housing for semi-independent living and to facilitate transition of care of aging parents. In this case, Roberta Clifford and her husband,Steve Clifford,will be allowed to utilize the second unit of the home. Their son,Tom Clifford,will be able to remain in North Andover to raise his family while also providing any needed care and assistance for his parents as they begin to age. i {00100422;v1} 3 f