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ZBA approves conversion of 75 Oak Street from two- to three-family with parking and DPW conditions
Summary
The Gardner Zoning Board granted a special permit to convert a two-family at 75 Oak Street into a three-family, requiring parking relief, DPW driveway approval and a snow‑removal condition after storms.
The Gardner City Zoning Board of Appeals on June 17 approved a special permit allowing BCF Investments LLC to convert an existing two‑family dwelling at 75 Oak Street into a three‑family dwelling, subject to conditions including approval of driveway and curb work by the city Department of Public Works and a snow‑removal requirement after storms.
The board acted after Attorney Christine Tree, representing BCF Investments, told members the applicant revised plans to add two parking spaces for the third unit, marked snow storage at the rear of the driveway, and changed grading such that an existing low retaining wall would be removed and not replaced. Tree said the excavation for the driveway was shown as 42 cubic yards on the revised plan and that the proposed pavement edge would be 1.5 feet from the property line.
The revised plan, Tree said, shows two compliant parking spaces sized 9 by 18 feet and identifies a maximum boulder height of 2 feet at the new driveway edge. She also summarized a city engineer review noting the project needs relief for the reduced side setback, additional details for sidewalk and curb work when the driveway permit is filed, and stormwater controls because the proposed gravel driveway, while less impervious than pavement, will still increase runoff.
Why it matters: the board granted parking relief tied to a change of use and approved a second driveway on the lot, allowing the property to house an additional unit. The decision requires the applicant to complete DPW permitting steps before the special permit becomes effective, which gives the city an opportunity to detail sidewalk transitions, curb cut design and stormwater measures.
Board members discussed practical issues including demarcation between adjacent driveways, potential snow piling against a bulkhead, and stability of boulders proposed to line the new parking area. Tree and a project engineer (represented in testimony) said the boulders would be laid on a gravel underlayment, the maximum slope would be 1:12, and that no engineered retaining wall would be needed between the two driveways. Tree and the board agreed on a condition that the property owner clear the bulkhead area within 48 hours after significant snowstorms (immediate removal if there is an emergency) and that the driveway and curb/sidewalk work receive DPW/city engineer approval before final permitting.
Motion and outcome: a board member moved to approve the conversion from a two‑family to a three‑family and to grant the requested parking and driveway relief, with conditions that included (1) clearing snow from the bulkhead area within 48 hours after a snowstorm (or immediately in an emergency) and (2) DPW/city engineer approval of the driveway, curb cut and sidewalk work. The motion was seconded and passed.
Next steps: the special permit approval is conditioned on DPW/engineer sign‑off and on the applicant completing driveway permitting; if DPW does not approve the driveway plan, the permit may be negated. The applicant asked that notice of final decisions on curb cut and driveway approvals be sent to the building commissioner; the board directed staff to do so.
