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Owner told to seek zoning relief before planning board will act on 3-unit conversion at Whitehall Road
Summary
A proposal to convert an existing house into three residential units was continued after staff and board members identified a front-setback nonconformity: the existing structure sits within feet of the road and would need a variance from the Zoning Board of Adjustment before the Planning Board can approve.
A proposal to convert an existing house at Map 31, Lot 1437 on Whitehall Road into a three-unit residential building was continued on Sept. 15 because the structure encroaches on the front-yard setback, and the applicant must obtain relief from the Zoning Board of Adjustment first.
Applicant Jonathan Rogers explained that the building currently functions as a house with an attached accessory dwelling unit and that the proposal would divide a large unit into two separate units, producing three dwelling units in the main building. Planning staff reviewed the applicable conversion rules in the Medium Density Residential district and advised the board that an existing building built before 1985 may be converted up to six units provided it meets specified conditions: water and sewer service, minimum lot area and frontage, per-unit size requirements and setbacks.
During the meeting, board members noted a critical technical issue: survey information showed the existing building within approximately 6 inches of the front property line, placing it inside the required front-yard setback. Planning staff and members confirmed that the conversion, as an alteration, triggers the need for dimensional relief because the building does not conform to current setback requirements. The board suggested the applicant first pursue a dimensional variance from the Zoning Board (the next ZBA meeting was noted as Oct. 14, with the planning board’s next meeting on Oct. 20) and then return to the planning board with the ZBA decision and a signed survey showing parking and other plan notes.
The planning board voted to continue the application to the Oct. 20 meeting, contingent on the applicant seeking zoning relief and submitting any necessary supplemental materials (surveyor signature and parking annotation). Staff offered to help the applicant prepare the variance submittal and noted filing deadlines for the Oct. 14 ZBA meeting.
The conversion remains pending until the Zoning Board rules on the dimensional variance; the planning board did not take a final vote on the site plan and asked the applicant to return with the required zoning relief.
