Under new state rules, Gloucester board OKs Magnolia house neighbors called too big

Gloucester's Zoning Board of Appeals on Sept. 24 approved a new single family home on a small, oddly shaped lot at 29 Flume Road in Magnolia, over objections from neighbors who said the house is too big for the lot.

The board voted 4 to 0 to grant Nick and Christine Gikas three variances: one for the front yard setback, one for the side yard setback and one for lot area. Members said the lot's shape and the location of the only suitable septic soils left little room for a house that meets every setback.

The case turned on a new, looser state standard for variances. Under the old rule, owners had to show a substantial hardship. Their attorney, Joel Favazza, told the board the new standard, which took effect this summer, says a board shall grant a variance if strict enforcement would cause a "practical difficulty," weighing the benefit to the owner and to housing production against any harm to public health, safety and welfare.

The lot

The lot is about 10,000 square feet in a district that normally requires 20,000. Favazza said it was created in 1964 and is protected as a buildable lot. The owners bought it in 2025 and plan to live there.

Because the lot is on a corner and the legal layout of Flume Road cuts across much of it, setbacks are measured from lines well inside what looks like the yard, Favazza said. Septic soils sit on the widest part of the lot, pushing the house north into a narrow strip.

The plan puts the house about 12.9 feet from the front lot line, where 30 feet is required, and about 10.2 feet from the side, where 20 feet is required. Favazza said the house would be more than 30 feet from the paved road and would stay under the 30 foot height limit and the 25 percent lot coverage limit. The owners withdrew an earlier, taller design in May.

"Unfortunately, you can't make everyone happy," Favazza said of efforts to shift the house on the lot.

Neighbors object to size

An attorney for the next door neighbor at 27 Flume Road said the neighborhood was "pretty much united" against the project. He argued the new standard was meant to create housing, not to let owners maximize a footprint on a small lot, and pointed to an earlier septic plan that showed a smaller, angled house.

The neighbor, who said her family has lived there more than 50 years, said the house would put a tall wall in front of her home and hurt her view and property value. "We're not opposed to a home being built here," she said. A neighbor across the street said she was glad the height had come down but still called the plan too large. Another nearby resident raised concerns about sight lines at the corner.

Favazza responded that views and property values are not protected interests under the city's zoning ordinance or state law. He said the proposed house, about 2,450 square feet including decks, is smaller than two nearby homes on lots the same size, including the house next door.

Board members weigh in

One member said the house stays within the lot coverage limit, which undercuts the argument that it is too big for the lot.

Nimon said he had no issue with the large front yard variance because the paved road curves well away from the property line. Parisi said a lot left vacant for years is not the neighbors' open space and that the demand for housing means such lots will be built on.

Wilson said his main objection to the earlier plan was its height. He rejected the concern about seeing around the corner. "Frankly, it's an absurd argument given that stretched out corner," he said. "I look forward to seeing a nice home on that lot."