By DAN TOMASELLO
LYNNFIELD — Tensions ran incredibly high over a developer’s proposal to convert a single-family dwelling that is under construction to a two-family home during the Zoning Board of Appeals’ (ZBA) Sept. 16 meeting at the Senior Center.
Atty. Tim Doyle said his client, RF Homes, LLC, was requesting a Special Permit from the ZBA in order to alter an existing single-family dwelling located at 934 Lynnfield St. to a two-family dwelling.
The Zoning Bylaw’s Appendix A of the Table of Use Regulations Section A(2) governs converting single-family homes to two-family homes. The regulation allows a single-family home to be converted to a two-family home if it is “located on a lot having an area not less than twice that required for the erection of a single-family dwelling in the same district, provided that no exterior change is made which alters the single-family character of the dwelling.”
While Doyle said the 934 Lynnfield St. single-family home’s exterior has been built, he said the interior has yet to be finished.
“It is located on a lot that contains 30,595 square feet with 120 feet of frontage,” said Doyle. “The dwelling is a center entrance Colonial-style home with six bedrooms, six bathrooms and a total finished area of 4,500 square feet.”
Doyle said the 934 Lynnfield St. property is located in a Residence A Zoning District.
“It requires a lot size of 15,000 square feet, frontage of 110 feet, front setback of 30 feet, side setback of 15 feet and rear setback of 20 feet,” said Doyle.
Doyle said RF Homes, LLC “desires to finish the interior of the existing house to create two dwelling units.”
“This will be achieved by dividing the dwelling in half using a duplex-style approach,” said Doyle. “The façade will remain as depicted on the drawings that were submitted with the petition.”
ZBA Chair Anthony Moccia asked Doyle if RF Homes, LLC received a building permit in order to construct a single-family home and is now looking to “convert a single-family home to a two-family home without changing the footprint of the structure or the height of the structure?”
Doyle said Moccia was correct.
In response to a question from ZBA member Andy Youngren, Building Inspector Joe O’Callaghan said RF Homes, LLC has pulled a foundation permit for a proposed accessory dwelling unit (ADU) that would be located on the property.
O’Callaghan recalled that Gov. Maura Healey signed the $5.1 billion Affordable Homes Act into law last year. He said the law allows ADUs, more commonly referred to as in-law apartments, by right in single-family zoning districts across the state.
Moccia said the ADU was “not before” the ZBA.
A large number of South Lynnfield residents criticized the proposed two-family home project.
“Construction of this house that is being built is not a single-family to be converted into a two-family,” said Lynnbrook Road resident Jeff Floramo. “It is a duplex. It’s not a six-bedroom home. It has three bedrooms side-by-side with another three-bedrooms. This is very misleading to the board. It wasn’t an existing dwelling to be converted into a two-family. It’s new construction specifically built to be a duplex.”
Lynnbrook Road resident Richard Floramo concurred with his brother’s viewpoint.
“What was built was a duplex,” said Richard Floramo.
O’Callaghan explained that the Zoning Bylaw stipulates that building permits have to be pulled in order to construct a single-family dwelling. After a building permit is pulled and the exterior of a home is constructed, he said a developer and/or homeowner can request a Special Permit from the ZBA in order to convert the dwelling into a two-family home as along as it meets certain requirements.
“They actually have to construct the building first,” said O’Callaghan. “The intention was always to make it a two-family home, but this is the process that it has to go through.”
Jeff Floramo said he, his brother and the Lynnbrook Road neighborhood were “misled” by RF Homes, LLC. If he and the neighborhood knew about the plan, he said they would have “fought this from the very beginning.”
Fairview Road’s Melissa Sorrentino and a group of abutters went up to the ZBA’s table to examine the 934 Lynnfield St. property’s plans after Moccia told her the one she was referring to on her cellphone were not the plans filed with the ZBA.
“We have to make sure we have the right lot,” said Moccia. “This is certified under a stamped plan by an engineer.”
Youngren agreed.
“What you have is the same plan, but the stamped plan overrules that,” said Youngren. “It is the same geographical area, but to Anthony’s point, this plan is stamped and is what we are looking at. We can’t consider yours even though it is the same plan.”
In addition to the proposed two-family home that would be located at 934 Lynnfield St., Moccia said there is another home located on Lynnbrook Road that is in close proximity to the proposed house.
Sorrentino said the two properties are “getting all merged.”
Moccia said Lynnfield resident Michael Tourkistas previously owned both properties, and he sold the 934 Lynnfield St. property to RF Homes, LLC.
“He owned additional land behind his house,” said Moccia.
Jeff Floramo said an easement located on his property at 60 Lynnbrook Rd. is being used as a driveway for the other house.
“There are many things that are going to be taken to court on about this project,” said Jeff Floramo. “We have an easement that I pay taxes on. The easement’s original usage is for access for emergency vehicles, not for daily usage.”
Moccia said the ZBA had no jurisdiction over the easement or the second home.
“That is not before us tonight,” said Moccia. “The only thing before us tonight is the petition that we approve, by Special Permit, the change of this home from a single-family dwelling to a two-family. You may have a problem with the second house, but that’s not tonight. We have a fiduciary responsibility here to apply the terms of the zoning code. We have a validly filed application for a Special Permit for 934 Lynnfield St. The second dwelling is not before us. If you have an easement issue that is off of Lynnbrook Road, that is not before us tonight.”
Lynnbrook Road resident Annmarie LaFauci said Tourkistas purchased the property, and then “merged it all and subdivided it.” She said the proposed two-family home would be located on a property that previously had an abandoned home that was razed.
“When they subdivided, no one told us,” said LaFauci. “Tourkistas told us they were going to knock down the existing home, and there would be a smaller dwelling than what existed there. It was already pretty small. At no time did we get any notification or anything like this. It has since been broken down into three separate lots. They cut all the trees down.”
While Moccia said he understood LaFauci’s concerns and acknowledged, “there is a lot going on here,” he reiterated what happened in the past was not before the ZBA.
“This lot is almost 31,000 square feet,” said Moccia. “The minimum lot size for this zoning district is 15,000 square feet. This lot is more than double the minimum size of what is required in your district.”
In response to a question from Moccia, Coldwell Banker Realtor John Oliveira said two different buyers purchased the Lynnfield Street and Lynnbrook Road properties.
A large number of residents were talking over Oliveria while he was answering Moccia’s questions about the two properties.
“We have to stay focused here,” said Moccia. “There needs to be no further conversations from members of the audience. It’s going to turn into a free-for-all. We need some decorum here. We are not going to hear anything further here about the easement or that other house. If you came here thinking that was what was before us, you are mistaken.”
Lynnbrook Road resident Jake McHugh urged the ZBA to deny RF Homes, LLC’s Special Permit request.
“There are a lot of issues and a lot concerns going on here,” said McHugh. “The bigger picture here is this request is to add a multifamily home to a single-family neighborhood. I don’t believe we have any multifamily homes in our neighborhood, so we would be adding one. It is going to change neighborhood character because we will have a new multifamily home that we don’t have.”
LaFauci agreed.
“Everyone is going to want one,” said LaFauci.
Moccia said McHugh and LaFauci’s concerns were unfounded.
“There are not many properties in Lynnfield that would qualify for this,” said Moccia. “You have to have double the minimum lot size to apply for something like this. I have sat on this board for eight years, and we have had two applications in eight years. Lynnfield is not Rowley. There are not a lot of parcels in this town that are double the required lot size. My neighborhood has changed exponentially too. There is not a lot I can do about it.”
Moccia said he has “dear friends” who live on Lynnbrook Road and family members who live on Fairview Road.
“It’s a wonderful neighborhood and is a great community,” said Moccia. “I am sensitive to that and I am sure the other members are too, but we have an obligation to uphold the zoning code.”
Richard Floramo accused Doyle of deceiving the Lynnbrook Road neighborhood, which infuriated the attorney.
“I have been in front of this board for over a decade, and I have never deceived this board,” said Doyle. “To accuse me of deception is false. It’s actually insulting. Mr. Floramo, you are not listening to the facts.”
After the meeting descended into a shouting match, Moccia called for order.
“We are going to end the hearing because it is getting out of control,” said Moccia.
Moccia proposed that Town Counsel Tom Mullen weigh in on the 934 Lynnfield St. two-family home proposal.
“I think we need to get definitive guidance from town counsel,” said Moccia.
Youngren and ZBA member Elizabeth Gaskins agreed with Moccia’s suggestion.
The ZBA voted to continue the 934 Lynnfield St. two-family home project to its next meeting on Tuesday, Oct. 7.