HomeMy WebLinkAboutArticle 40-Corrected version-april 12, 2004-PAUL Article 40. Amend Zoning Bylaw Sections 4.122 Residence 4 District (Permitted
Uses), Paragraph 14. To see if the Town will vote to amend the Town of North
Andover Zoning Bylaw by deleting the existing section 4.122.14 and replacing it with the
following:
4.122.14 Residence 4 District (Permitted Uses)
a. One Family Dwelling.
b. Two family dwellings, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.3 and 4.122.14.1 of this Bylaw.
c. The conversion of an existing one-family to a two-family dwelling, by special
permit from the Zoning Board of Appeals in accordance with Sections 10.3 and
4.122.14.1 of this Bylaw, provided that conversion from a one-family to a two-
family dwelling meets the following additional requirements:
1. If a conversion involves increasing the size of an existing
structure, the expansion area shall not exceed 50% of the original
building's gross floor area up to a maximum of 1500 s.f.. The
size of the second dwelling unit can never exceed 1500 s.f.
2. There must be two parking spaces for each dwelling unit.
3. No parking/driveway shall be permitted within 10 feet of any lot
line.
4. No garage or carport shall face the street unless it is located at
least 10 feet behind the front facade of the principal structure and
in accordance with the dimensional setbacks outlined in Table 2
of this Bylaw.
5. The converted structure shall meet all of the dimensional
requirements of the R-4 District identified in Table 2 of this
Bylaw.
6. Stairways leading to the second or any higher floor shall be
enclosed.
7. The principal building in a conversion to a two-family dwelling
shall share a connected common wall (or floor) for at least 75%
of the wall's (or floor's) surface. No unheated structure, no
structure without foundation, and no structure that is entirely or
partially a garage shall be considered as meeting the 75%
requirement.
8.
i.) The conversion of a one-family dwelling to a two-family
dwelling must not result in any portion of the post-
conversion roofline height exceeding the pre-conversion
roofline height by more than five (5) feet.
ii.) The conversion of a one-family dwelling to a two-family
dwelling must not significantly increase or decrease the
pitch of any additional post-conversion roof area.
9. Main entrances to the dwelling units shall be permitted only in
the front of the structure.
d. The conversion of an existing dwelling to accommodate not more than five (5)
residential units, by special permit from the Zoning Board of Appeals in
accordance with Sections 10.3 and 4.122.14.1 of this Bylaw. The conversion of a
single family dwelling to a two-family dwelling must comply with the provisions
of Sections 10.3, 4.122.14.c. and 4.122.14.1.
14.1 Special Permit Granting Criteria for Two-Family Dwelling and One-Family to
Two-Family or Multi-Family Conversions.
a. The Zoning Board of Appeals may approve a special permit for a proposed use of a
building, dwelling or structure provided by Section 4.122.14.b., 14.c or 14.d upon
finding that the application complies with the purposes of this Bylaw, and is
consistent with the use of the site for the purpose permitted within the Residential 4
District. In making its decision, the Zoning Board shall consider the following criteria
in addition to those listed in Section 10.31:
1. Consistency with the North Andover Master Plan.
2. The degree to which the proposed use furthers the Town's interest in providing a
range of housing types, where applicable.
3. The degree to which the application addresses the following design standards:
i) Achieve compatibility with the established pattern of uses in the district.
The Residential 4 District consists primarily of single-family dwellings
near the Stevens Memorial Library Area and off of Massachusetts
Avenue, and more compact neighborhoods with a mix of residential uses
toward Waverly Road. New construction or substantial alteration of
buildings must compliment and reinforce the design features of these
neighborhoods.
ii) Achieve design compatibility with architectural features and exterior
materials of surrounding structures.
iii) Preserve existing structures of historic value. Buildings, dwellings or
structures listed on the National Register of Historic Places or the State
Register, and are more than 50 years old as of the date of application for a
special permit, may be converted, constructed, reconstructed, restored or
altered only in a manner that maintains or promotes their status as listed or
eligible historic resources. For purposes of zoning compliance, additions
or alterations that adhere to the U.S. Secretary of the Interior's Standards
for the Treatment of Historic Properties will generally be presumed to
maintain or promote such status.
iv) Preserve established, mature vegetation.
b. The right to apply for a special permit to convert an existing dwelling shall extend to
any dwelling to be converted for use as a dwelling of not more than five (5)
residential units, and meeting all requirements of the State and Town Statutes and
Bylaws, including the Health Codes, Building Codes, Zoning Laws and Zoning
Bylaws. Proof of ownership must be supplied with the application; or to take any
other action relative thereto.
Petition of the Planning Board