Highlands board denies plan to split 63 Washington into two 25-foot lots

The Highlands Land Use Board on Feb. 13 denied an application that would have subdivided 63 Washington Avenue to create two 25-foot lots and build an 18-foot-wide house, after neighbors and several board members raised concerns about density, parking and flood-zone impacts.

Attorney Rick Rodsky, representing applicants Edward and Margaret Wheeler, opened the hearing by describing the request as a minor subdivision that requires multiple variances for lot frontage, lot area, side setbacks and building coverage. "The application seeks minor subdivision approvalto subdivide the existing oversized lot and to form two single-family residential lots," Rodsky told the board.

Jeremiah J. Regan, a licensed architect who prepared the plans and was sworn as a witness, described the proposed new home as elevated with a ground-level flood enclosure that includes a two-car garage, an elevator and a front balcony. Regan said the design followed the more stringent building-code height measurement and that the project would not require a zoning height variance. "I designed it to meet that requirement," he testified about meeting building-code and flood-elevation standards.

John Pina, a licensed planner hired by the applicants, urged the board to grant C1 and C2 variances. He presented a block-level analysis showing many 25-foot lots nearby and argued the two modest homes would be a "better planning alternative" than a single oversized dwelling. "Two smalls are better than one big," Pina said, summarizing his view that the proposal better fits the block'level character and provides sufficient parking and elevation to meet flood standards.

Board professionals and members pressed the applicants on technical points including side-yard separations, front-setback calculation, building-coverage math and impervious-surface treatment. Regan and the planner said the plans provide the parking required by ordinance and that the design is intended to accept floodwaters into the flood enclosure rather than displace water onto neighboring properties.

Several residents spoke against the subdivision at public comment. One resident, Al, who said he lives across the street, described chronic street-parking shortages and warned the proposal could worsen parking pressure if the houses were rented. "There's no place for the cars if these people leave and it becomes rental units," Al said, urging the board to consider neighborhood parking constraints.

A neighbor who gave her address as 59 Washington Avenue said she received no timely notice of the application, described her lot as a cottage-style property, and said a new house sited three-and-a-half feet from her home would intrude on privacy and sunlight. "We would lose our privacy," she said.

Board members referenced the town master plan and the community'rating concerns for flood insurance, noting the board must balance master-plan goals against existing neighborhood patterns. Some members expressed skepticism about approving a development that would substantially increase building coverage on a lot in the special flood-hazard area.

After deliberation, a motion to deny the requested variances was made and seconded; the board approved the motion by voice vote and the application was denied. The board then moved into executive session to consider other matters.

Votes at a glance: The board also approved a separate memorializing resolution (L2-24-5 for 2405 McGee/43 Graal Point Road) and accepted the Land Use Board's 2024 annual report; the board granted a 75-day extension for a separate subdivision matter, with some members abstaining due to proximity to the property.