Lynn ZBA approves Bayview Avenue conversion to four units with drainage, rodent and landscaping conditions

The Lynn City Zoning Board of Appeals on Feb. 18 approved a variance to convert a single-family house at 15 Bayview Avenue into a four-unit building and to allow human occupancy below the first floor, subject to drainage, pest-control and landscaping conditions.

The petitioner, represented by attorney Dan Cahill, said the property sits on a 17,100-square-foot lot in an R-2 district and that the plan would preserve the single-family look from the street while creating four dwelling units and providing eight off-street parking spaces (zoning requires four). "From the basement to the attic it's a siloed configuration," Cahill said, describing a bedroom in the basement that requires the requested allowance for occupancy below the first floor.

The board's approval came with stipulations intended to address neighbors' concerns about stormwater, rodents and trash. The board recorded a motion to approve with conditions that the petitioner install appropriate drywalls and drainage to control runoff; submit a rodent-control plan before construction begins; provide a covered dumpster with regular pickup; and ensure landscaping complies with city requirements. Member Maggio, Member Christopher, Member Olsen, Member Krawitz and Member Lopez Hernandez all voted yes with stipulations.

Neighbors raised concerns at the hearing. Xavier Usakonis, owner of 111 Bayview Avenue, said the site currently directs stormwater toward his house and expressed worry about pests and management of future tenants. "My main concern is the landscaping. Everything is pitched in every direction. And when it gets really wet, the water flows down into my house," Usakonis said. Cahill and consultant Hector Prieto responded that the parking area will be contained with two drywalls (stonewalls) and that runoff calculations and landscaping will be addressed in site-plan review. Prieto said the parking runoff calculation for the parking area is 467 gallons and that the proposed drywalls (stormwater controls) are sized to contain runoff.

Cahill told the board the owner will comply with the city's inclusionary-zoning requirement (either a deed restriction or payment into the trust fund) and will proceed to site-plan review to finalize trash and snow removal plans.

The board's action was procedural: it found that conditions relating to the site's topography and lot size justified relief under the ordinance language cited by the petitioner (transcript reference to Mass General Laws, chapter 48, section 10 and the city of Lynn's zoning ordinance was made by counsel). The approval requires the petitioner to return to site-plan review for technical details before building permits are issued.

The decision closes the public hearing on this case; site-plan review and building-permit reviews remain as next steps.