Newburyport ZBA Grants Variance, Approves Nonconformity Permit to Convert 7–9 L Street to Single-Family; DCOD Request Withdrawn

The Newburyport Zoning Board of Appeals on Jan. 27 granted a variance and a nonconforming-structure special permit that together allow Newport Renovations, represented by attorney Adam Costa, to convert 7–9 L Street from a two-family dwelling into a single-family home, remove a later one-story rear addition, and construct a one-car garage accessed by a new driveway.

Costa told the board the property is a pre-existing nonconforming two-family residence in the R2 zoning and Demolition Control Overlay District (DCOD). The project team — including architect Matt Langers — presented site plans showing an on-site garage and driveway that would provide off-street parking, reduce on-street parking demand (the two-family requires four spaces; a single-family requires two), and restore architectural character by replacing vinyl siding with clapboard and replacing windows. The applicant's demolition calculation was 47.4% (driven in part by removal of the nonhistoric one-story rear addition and window/entry reconfigurations). Costa said that removing the right-side wall by roughly two feet is what generates the DCOD-calculation threshold but argued that the overall proposal preserves the building's character while addressing contemporary neighborhood needs.

Neighbors who live across or near L Street spoke in favor of the plan during public comment, citing parking and safety benefits and support for the design. Speakers included Kristen Same Zaratus (6 Lance Street), Ken Christie (3 Lunch Street), Alyssa Christie, Steve Proscus (8 L Street), Christopher Davis (1 Lunch Street) and Mike Parent (L Street); the applicant also submitted eight letters of neighborhood support on file.

Board discussion focused on how the DCOD's numeric trigger (the ordinance requires findings about a building's remaining market value and rehabilitation costs when demolition-calculations exceed the threshold) interacts with the project team's case that the house's historic value is marginal and the proposal would yield neighborhood benefits. Several board members discussed options — seeking a board-retained engineering appraisal (paid by the applicant), asking the historic commission to delist the property, or granting a variance and pairing it with required special permits.

After hearing arguments from counsel on the variance criteria (unique site conditions, reasonable use, applicant did not create the condition, and no special privilege), the board elected to grant a variance allowing the alteration that otherwise would have been constrained under the DCOD rule. A friendly amendment attached to the variance requires the applicant to replace the front sidewalk with Boston-brick pavers (the staff report had suggested concrete; the board accepted neighbors' preference for brick).

Motion and roll-call votes recorded: the variance motion (mover: Mr. Aerman; second: Mr. Bennett) passed 4–1 (Mr. Aerman yes; Mr. Swanton yes; Mr. Dile no; Mr. Bennett yes; Chair Champedy yes). The special permit for nonconformities (mover: Mr. Dile; second: Mr. Bennett) passed unanimously. Following those approvals, the applicant requested withdrawal of the stand-alone DCOD special-permit application; the board accepted the withdrawal.

The approvals allow Newport Renovations to move forward with the conversion, the driveway and garage construction, and the proposed architectural restorations, subject to the conditions set by the board and typical building-inspection permitting requirements.