ZBA approves special permit for 135 Low Street after abutter agreement on fence and plantings

The Newburyport Zoning Board of Appeals approved a special permit for 135 Low Street, allowing the removal of an existing roughly 857-square-foot house and construction of a new single-family home of about 2,350 square feet, after the applicant and adjacent neighbors agreed to mitigation measures and the board voted 4–0 to grant the permit.

Attorney for the applicant, Attorney Me, told the board the property sits on a 7,127-square-foot lot in the R1 district where the minimum lot size is 20,000 square feet, and that the project would improve the measured front and rear setback points slightly (front from 15.3 ft to 15.5 ft; rear from 8.1 ft to 9 ft) while increasing living area and adding a one-and-a-half–story cape-style house with a proposed mean height of 19.6 ft and a ridge at 26.8 ft, both under the 35-ft limit.

Architect Eileen described a narrow, low-profile design intended to orient the primary entrance to Colton Drive, keep massing modest on the front elevation and place outdoor living areas on the sunniest side. Materials shown in the submission included cedar siding, architectural shingles and double-hung windows.

Neighbors raised concerns about the proposed home’s volume, proximity and impacts on sunlight and privacy. "Imagine having this big wall about 26...feet away," Jose, a resident at 137 Low Street, told the board, saying the new back wall’s increased length and height could reduce winter sunlight and feel imposing. Other neighbors echoed concerns about the lot’s small size relative to the proposed building footprint and rear-yard encroachment.

After the public comment period the chair offered a brief recess for the applicant’s team to meet with immediate abutters. Returning to the record, the applicant confirmed an agreement in principle with the neighbors: the applicants will install a six-foot solid panel fence along the shared rear property line and plant arborvitae 6–8 feet tall at approximately six feet on center along the length of the house; the applicant also agreed to submit revised CAD-level plans showing more symmetrical rear-elevation windows as part of the record and prior to building-permit application.

Board members stressed the two-pronged special-permit standard — that the project not create new nonconformities and not be substantially more detrimental to the neighborhood. Several members said the project did not introduce new dimensional nonconformities and that the design, together with the negotiated fence and plantings and the front orientation to Colton Drive, reduced impacts on immediate abutters.

The motion to approve the special permit (mover: Gregory Bennett; second: Larry Ginta) carried on a roll-call vote: Bennett — yes; Ginta — yes; Ken Swanton — yes; Chair Rob Champi — yes (four in the affirmative). The board recorded the approval with two conditions: (1) applicant to file revised rear-elevation drawings reflecting the window adjustments provided at the meeting, and (2) installation of vegetative screening and a six-foot solid panel fence negotiated with abutters, with final details to be shown on the building-permit submission.

The board noted DPW staff had reviewed the proposed driveway relocation informally and had no objection subject to the formal permitting process and trimming the front tree for sight lines. The applicant must finalize the CAD-level plans and satisfy normal permitting steps before a building permit is issued.