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Board approves conversion of commercial space to apartments at 329 West Market; neighbors press for drainage and cleanup fixes
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Summary
The board approved converting two commercial spaces to apartments at 329 West Market Street and deferred a proposed rear addition. Neighbors raised persistent drainage, roof‑leader and trash problems; the owner agreed to clean the property as a sign of good faith but the board noted enforcement limits until appeal periods expire.
The Zoning Hearing Board approved a variance allowing 329 West Market LLC to convert two commercial storefronts to apartments in the existing front building and deferred consideration of a proposed rear addition to a future meeting. Neighbors used the hearing to press the owner on drainage, roof‑leader repairs and longstanding trash and overgrowth in the rear lot.
The conversion matters because the applicant said the commercial spaces have not attracted tenants and converting them to apartments would put the front building into full residential use; neighbors said the property’s current condition creates flooding and nuisance concerns for adjacent homeowners and a popular nearby restaurant.
Architect Jordan Clark told the board the project would create four apartments in the front building and that the owner can meet zoning standards for off‑street parking (about 17 spaces, including handicap stalls) once an existing lot is repaved and restriped. Clark said a larger rear addition is a later phase and not before the board at this hearing.
Longtime adjacent homeowners Fred and Lorraine Babarsky testified about drainage problems and missing roof‑leader piping that they said has allowed water into their cellar. Fred Babarsky said crews repaired only one of two removed leader pipes and that “water was coming in my cellar” after rain. Neighbors also described persistent trash, roll‑off dumpsters and overgrown vegetation that they said affect the nearby Casa Bella restaurant and block views.
Board members discussed making cleanup and drainage remediation conditions of approval but recognized legal limits: any enforcement tied to the zoning approval would need to respect the 30‑day appeal period and applicable code enforcement processes. The owner’s representative said the lot would be repaved, restriped and repurposed for parking and that the owner would, unofficially as a sign of good faith, start cleanup and gutter work immediately.
The board approved the conversion vote (4–1). The record shows the board emphasized that if the owner later seeks the rear addition, the property’s maintenance and drainage conditions would be considered at that time.
