258 Conn. 205 | Conn. | 2001
Opinion
The defendant, the planning and zoning commission of the town of Greenwich (zoning commission), appeals from the judgment of the trial court sustaining the appeal by the plaintiffs, Thomas Heithaus and Marguerite Heithaus, from the zoning commission’s denial of their historic overlay zone application, site plan and special permit request. There are three certified issues on appeal in this matter: (1) whether the trial court properly concluded that the
The following facts and procedural history are relevant to the issues on appeal. The plaintiffs own a house at 7 Nedley Lane in the town of Greenwich. The house, which constitutes the parcel of real estate involved in this appeal, is situated in a single-family residential neighborhood, zoned R-7 by the town.
In 1997, the plaintiffs filed an application to the zoning commission seeking to resubdivide their property into two lots, one containing 14,156 square feet and the house, and the other a vacant 7600 square foot lot. In a letter dated April, 25, 1997, the zoning commission denied the plaintiffs’ application, concluding that, although “the proposed resubdivision meets the minimal lot size requirements of the zone, [it] would be incompatible with the character of the neighborhood by eliminating the space around the 1902 house that was provided in the 1958 subdivision and creating an adjacent smaller and more narrow lot than all the others on the street, contrary to the spirit and intent of the Subdivision Regulations . . . .” In its denial letter, the zoning commission suggested that the plaintiffs “consider requesting Historic Overlay designation with division of the house into two dwelling units .... Parking could be located to the rear of the house, an exterior fire escape stairway would not be required, and the appearance of the house would more closely resemble the original appearance in a landscaped setting.”
In May, 1998, the plaintiffs, through their agent, James G. Sandy, again submitted this application to the zoning commission for a redesignation of their property from an R-7 to an R-7-HO, historic overlay zone, pursuant to § 6-109.1 of the Greenwich Municipal Code land use regulations. The plaintiffs claimed that the structure met the standards of § 6-109.1 (3) (a) (1), (2), (3) and (4) because of its unique design, historical significance and distinctive architectural character. In accordance with § 6-109.1 (5) (b), the plaintiffs also submitted a related site plan and special permit request, which, if historic overlay zone designation had been granted, would have created two units within the existing structure including one large first and second floor unit, and one unit on the third floor in which the plaintiffs would
The historic overlay zone application, the site plan and the special permit request also were submitted to the historic district commission for evaluation and eventual recommendation to the zoning commission. In a letter dated July 29, 1998, the historic district commission recommended to the zoning commission that the plaintiffs’ application be approved, despite the fact that many of the structure’s “original architectural details [had] been lost.”
Notwithstanding the evaluation and recommendation of the historic district commission, however, the zoning commission denied the historic overlay zone application on the grounds that the house and property failed to meet the standards set forth in §.6-109.1 (3) (a). The site plan and special permit requests to convert the house into a two-family residence also were denied. The zoning commission concluded that “the proposed re-zoning of this property to an Historic Overlay Zone for 2 residences in this large building on this 14,000+ [square foot] lot would not be appropriate or in keeping with the character of the single family neighborhood
The plaintiffs appealed to the trial court pursuant to General Statutes §§ 8-8 (b) and 8-9.
In reaching its conclusion, the trial court determined that the zoning commission had acted in an administrative capacity in considering the plaintiffs’ application for historic overlay zone designation. The trial court reached this conclusion by comparing an historic overlay zone to both a special permit and a floating zone. The trial court concluded that an historic overlay zone was more like a special permit than a floating zone.
The trial court remanded the matter to the zoning commission for proper consideration of the site plan and special permit application in accordance with § 6-109.1 (5) of the Greenwich Municipal Code land use regulations. The zoning commission appealed from the judgment of the trial court to the Appellate Court. We
I
STANDARD OF REVIEW
In order to determine the proper standard of review, we first must consider whether the trial court properly concluded that the process of acting on a request for an historic overlay zone designation is an administrative function of the zoning commission. “Legislative decisions reached by [a zoning] commission must be upheld by the trial court if they are reasonably supported by the record.” (Internal quotation marks omitted.) Kaufman v. Zoning Commission, 232 Conn. 122, 151, 653 A.2d 798 (1995). “In appeals from administrative zoning decisions, by contrast, the decisions will be invalidated even if they were reasonably supported by the record, if they were not supported by ‘substantial’ evidence in that record.” Id. The trial court compared the historic overlay zone with a special permit, or special exception, the granting of which is an administrative function; Irwin v. Planning & Zoning Commission, 244 Conn. 619, 627, 711 A.2d 675 (1998); and with a floating zone, the creation of which is a legislative function; Sheridan v. Planning Board, 159 Conn. 1, 16, 266 A.2d 396 (1969); in order to determine which zoning device was more akin to historic overlay designation.
The zoning commission claims that the trial court improperly concluded that an historic overlay zone is more like a special permit than a floating zone. We disagree. “A special permit allows a property owner to use his property in a manner expressly permitted by the local zoning regulations. . . . The proposed use, however, must satisfy standards set forth in the zoning regulations themselves as well as the conditions necessary to protect the public health, safety, convenience
Unlike the special permit, a floating zone is the product of legislative action. Sheridan v. Planning Board, supra, 159 Conn. 16. “A floating zone is a special detailed use district of undetermined location in which the proposed kind, size and form of structures must be preapproved. It is legislatively predeemed compatible with the area in which it eventually locates if specified standards are met and the particular application is not unreasonable. ... It differs from the traditional Euclidean zone in that it has no defined boundaries and is said to float over the entire area where it may eventually be established.” (Citations omitted; internal quotation marks omitted.) Schwartz v. Town Plan & Zoning Commission, 168 Conn. 20, 22, 357 A.2d 495 (1975), and cases cited therein. A floating zone, unlike a special permit, carves a new zone out of an existing one. See Sheridan v. Planning Board, supra, 17; see also Schwartz v. Town Plan & Zoning Commission, supra, 22-26 (floating zone application equal to request for zone change).
Zone changes are governed by a two part test: “(1) The zone change must be in accord with a comprehen
The trial court noted that “[t]he [historic overlay] zone is similar to a floating zone in that its location is undetermined, and the type of property to which such a designation would be granted is pre-approved.” Cf. Sheridan v. Planning Board, supra, 159 Conn. 16. The trial court concluded that “[u]nlike a typical floating zone, however, the property in an [historic overlay] zone continues to bear its original zone designation, but adopts an overlay. . . . All of the regulations, responsibilities and controls associated with the underlying zone continue to apply to the property except as amended by § 6-109.1 (4). [Thus] if a property is granted an [historic overlay] designation, there are few additional regulations, responsibilities or controls placed upon the site unless the owner applies for a special permit that would allow additional uses of the property not normally allowed in the underlying zone but allowed in the overlay zone.”
Accordingly, we conclude that the zoning commission’s consideration of an historic overlay zone application is an administrative function. See Zachs v. Zoning Board of Appeals, 218 Conn. 324, 329-30, 589 A.2d 351 (1991). “In appeals from administrative zoning decisions, the commission’s conclusions will be invalidated only if they are not supported by substantial evidence in the record. . . . [E]vidence is sufficient to sustain an agency finding if it affords a substantial basis of fact from which the fact in issue can be reasonably inferred.” (Citations omitted.) Cybulski v. Planning & Zoning Commission, 43 Conn. App. 105, 110-11, 682 A.2d 1073, cert. denied, 239 Conn. 949, 686 A.2d 123 (1996). “The [commission’s] decision must be sustained if an examination of the record discloses evidence that supports any one of the reasons given. . . . The evidence . . . to support any such reason [however] must be substantial . . . .” Huck v. Inland Wetlands & Watercourses Agency, 203 Conn. 525, 539-40, 525 A.2d 940 (1987).
HISTORIC DISTRICT COMMISSION
We next consider the zoning commission’s claim that the trial court improperly concluded that the zoning commission was bound by the findings of the historic district commission and, therefore, should have granted the application in light of its favorable recommendation. Pursuant to § 6-109.1 (2), the zoning commission must refer all applications to the historic district commission “and any other consultants the [zoning commission] may choose for evaluation and recommendations.” The historic district commission conducts an evaluation in order to determine whether the site satisfies the requirements of § 6-109.1 (3) (a), and then makes a recommendation to the zoning commission. The zoning commission argues that the trial court improperly concluded that the zoning commission had no discretion to deny the plaintiffs’ application.
Ill
SUBSTANTIAL EVIDENCE
We next consider the trial court’s ultimate conclusion that the zoning commission’s denial of the plaintiffs’ application for historic overlay designation was not supported by substantial evidence in the record. The zoning commission claims that the record contained sufficient evidence to warrant denial of the plaintiffs’ application. We agree with the zoning commission.
As noted previously, “[i]n appeals from administrative zoning decisions . . . the decisions will be invalidated even if they were reasonably supported by the record, if they were not supported by ‘substantial’ evidence in that record.” Kaufman v. Zoning Commission, supra, 232 Conn. 151, citing Huck v. Inland Wetlands & Watercourses Agency, supra, 203 Conn. 540. “In an appeal from the decision of a zoning [commis
Section 6-109.1 of the Greenwich Municipal Code sets forth the purpose, procedure, standards and controls for historic overlay zone designations. The purpose, according to § 6-109.1 (1), is to encourage “the protection, enhancement, perpetuation and use of buildings and structures . . . and appurtenant vistas having special historical or aesthetic value which represent or reflect elements of the Town’s cultural, social, economic, political and architectural history.” In achieving this purpose, the zoning commission is guided by the standards set forth in § 6-109.1 (3) (a), which include a structure’s uniqueness, historical significance, distinct architectural character and overall worthiness of preservation. We conclude that the zoning commission adequately considered all of the factors enumerated in § 6-109.1 (3) (a) in denying the plaintiffs’ application for historic overlay zone designation, and that the record contains substantial evidence supporting the zoning commission’s decision.
The historic district commission sent a letter to the zoning commission in July, 1998, recommending that the plaintiffs’ request for historic overlay be approved.
The zoning commission considered the historic district commission’s evaluation and recommendation at a public hearing in August, 1998, and at its meeting held September 10,1998. Neighbors opposed to the plaintiffs’ application for historic overlay designation pointed out at the public hearing that there had been no neighbor
Transcripts of both the public hearings and the zoning commission meetings were replete with evidence that the plaintiffs’ house was in disrepair, that most of the changes or improvements made to the house were not consistent with its historical nature, and that the property was too small for the size of the structure. Photographs showed that the roof was in poor condition and that the landscaping had been neglected. Photographs also illustrated that the modem, modest houses surrounding the plaintiffs’ house were on lots appropriate for their size and structure. Significant architectural changes in the neighborhood had rendered the plaintiffs’ house no longer part of an historic streetscape.
At its September, 1998 meeting, the zoning commission noted that the historic district commission had “halfheartedly endorsed the concept of [the plaintiffs’ property] meriting an historic overlay rezoning,” and had recommended historic overlay designation only because it felt that the plaintiffs’ house showed a “history of development and growth in Greenwich.” The zoning commission found that conclusion to be only modestly persuasive, because the rest of the street had developed in a “more modem way.” The zoning commission accepted, however, that the house might merit some consideration for historic overlay zone designation upon restoration of its original constmction and landscape. The zoning commission mainly was concerned by the prior resubdivision of the plaintiffs’ property in 1997, which had left the 5450 square foot house on a lot only 14,000 square feet in size. Furthermore, the house was situated next to a 7600 square foot lot that potentially would be the site of another structure as close as ten feet away. Zoning commission members also discussed the parking and site plan defects that would mar the historical character of the property.
Ultimately, all members of the zoning commission agreed that the property should not be granted historic overlay zone designation unless the plaintiffs agreed to merge the two subdivided lots and provide a new site plan showing how the entire property would be designed in accordance with the historical nature of the original lot. When these conditions were met, the zoning commission would reconsider the plaintiffs’ application for historical overlay designation. As a result, the plaintiffs would not be eligible for the bonus units permitted by § 6-109.1 (5) (b) for the third floor elderly conversion unit until the standards for historic overlay designation were met. We conclude that the zoning commission reasonably could have found that the plaintiffs’ property did not warrant historic overlay designation in its current condition and setting. The
The judgment is reversed and the case is remanded with direction to render judgment dismissing the plaintiffs’ appeal.
In this opinion the other justices concurred.
An R-7 zone allows for single-family homes with a minimum lot size of 7500 square feet.
In its denial letter, the zoning commission referred to a prior application for resubdivision filed by the plaintiffs in which they had requested subdivision of the property and historic overlay designation. With that application, the plaintiffs’ site plan proposed that the house be divided into three dwelling units in accordance with the bonus units available through § 6-109.1 (5) (b) of the Greenwich Municipal Code land use regulations if historic overlay designation had been granted. The plaintiffs were advised by the historic district commission to revise the site plan and propose two dwelling units, because, in the commission’s view, three units would overburden not only the property itself, but also the neighborhood.
Section 6-109.1 of the Greenwich Municipal Code land use regulations provides in relevant part:
‘■(1) Purposes
“An Historic Overlay Zone (‘HO’) is hereby established for the purposes of encouraging the protection, enhancement, perpetuation and use of buildings and structures . . . and appurtenant vistas having special historical or aesthetic value which represent or reflect elements of the Town’s cultural, social, economic, political and architectural history.
“(2) Procedure
“Application for HO Zone, as well as Special Permit as hereinafter mentioned, may be made by the Owner of the structure and its site by filing same with the Planning and Zoning Commission. Application for HO Zone may also be made by the Planning and Zoning' Commission on its own motion. All applications shall be referred to Historic District Commission and any other consultants the Planning and Zoning Commission may choose for evaluation and recommendations. The Planning and Zoning Commission shall hold a public hearing upon all rezoning applications within sixty (60) days of their respective filing dates. (1/6/88)
“(3) Standards
“(a) The Commission may grant an HO Zone to a site where it finds that the structure ... on the site [is] not less that 40 years old and [is] architecturally or historically notable in accordance with any or all of the following standards: (1/6/88)
“(1) the uniqueness of the structure or structures. (1/6/88)
“(2) the historical significance of the structure or structures. (1/6/88)
“(3) the distinctiveness of the architectural character of the structure or structures. (1/6/88)
“(4) The placement and/or treatment of unusual and/or historic structures on a site constitutes a unique estate setting significant to the Town’s history and worthy of preservation. (1/6/88)
“(b) If the Commission finds that the standards of 3a above are met but*210 additionally finds, after evidence duly presented by the Owner, that there would be no reasonable use to which the property in question could be adapted under the HO Zone, it shall deny HO zoning.
“(4) Site Designation and Applicable Controls
“A site rezoned by the Commission to HO shall continue to bear its original zone designation with the initials HO appended to indicate the Historic Overlay Zone.
“All zoning regulations and controls applying to the underlying zone shall continue to govern the HO site except as amended by this section 6-109.1.
“(5) Special Permit — Use and Zoning Rights
“Upon application for Special Permit and submission of a site plan pursuant to Sections 6-15 and 6-17 and upon a finding that the standards of Section 3 are met ....
“(b) For structures on sites in the Residential Zones, the Commission may authorize the use of the existing buildings or structures for several dwelling units provided the total number of units shall not exceed the density determined by dividing the total lot area by the minimum lot size for the underlying zone, and multiplying the result, excluding fractions, by 1.20. The Commission may then consider any fraction of a unit as a complete unit. The difference between density permitted in the underlying zone and density permitted in the HO zone is the number of bonus units; bonus units shall be permitted only in the existing structures which caused the site to be designated an HO zone. No increase in the floor area or coverage of the existing structure shall be permitted under this subsection. (1/6/88)
“In granting approvals pursuant to Sec. (5)(b), the Commission shall assure that: (1/6/88)
“(1) the significant structures or features of the site which caused the HO designation to be granted shall be permanently protected by a setting of suitable size, shape and treatment, as delineated on the approved site plan. (1/6/88)
“(2) Any new construction (additional dwelling structures), which may be allowed on an HO zoned site as a result of a combined Historic Overlay/ Conservation Zone, shall be reviewed by consultants of the Commission’s choosing to assure that the design, location and size of the new structures are compatible with and protective of the site’s significant existing structures, features or natural resources, including those identified in any Environmental Assessment. (1/6/88)
“As a condition to the obtaining of a Special Permit pursuant to subsection 5a or b above, the Owner shall grant a pei^etual preservation easement pursuant to Connecticut General Statutes [§§ 47-42a through 47-42c], enforceable by both the Historic District Commission and the Town of Greenwich, which shall provide for, among other things, the right of the holder of the easement to perform repairs and charge the cost thereof to*211 the Owner upon the Owner’s failure to keep the exterior of the structure in good repair. New construction shall be subject to controls established for ‘associated buildings’ in the Town’s Model Easement and Declaration of Preservation Restrictions. (1/6/88)
“(6) Special Permit — Alterations and Additions.
“(a) No reconstruction, alteration, demolition, or addition shall be made to the exterior of any existing structure nor shall any additional structure be constructed upon a site in the HO zone, unless there shall have been received a special permit upon application thereof from the Commission pursuant to Sect ion 6-17. In issuing such special permit the Commission shall consider the effects of the proposed work upon the protection, enhancement, perpetuation and use of the structure^) which cause it to meet the standards set forth in Section 3 hereinabove. Ordinary maintenance and repair for which no building permit is required by the Building Code of the State of Connecticut shall be excepted from this requirement. (1/6/88)
“(b) Minor work which is limited to a change in, addition to, or removal from the parts, elements or materials of the exterior of a structure, shall be excepted from the Special permit requirement of Sec. 6a provided that a certificate of appropriateness is issued by the Historic District Commission.
There is nothing in the record to indicate that any structural changes were made at that time in an effort to meet the sideyard minimum setback requirements.
The plaintiffs had wanted to convert the entire third floor of the house into a separate apartment by expanding the entire elderly conversion unit. The plaintiffs filed this site plan and special permit application pursuant to § 6-109.1 (5) (b) of the Greenwich Municipal Code, which allows “bonus units” for structures on sites in residential zones that are granted historic overlay zone designation. Section 6-109.1 (5) (b) provides that “the Commission may authorize the use of the existing buildings or structures for several dwelling units provided the total number of units shall not exceed the density determined by dividing the total lot area by the minimum lot size for the underlying zone, and multiplying the result, excluding fractions, by 1.20. . . .”
General Statutes § 8-8 (b) provides: “Except as provided in subsections (c), (d) and (q) of this section and sections 7-147 and 7-147Í, any person
Pursuant to General Statutes § 8-9, “[a]ppeals from zoning commissions and planning and zoning commissions may be taken to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in section 8-8.”
General Statutes § 8-6 (a) (3) provides in relevant part that the zoning commission has both the power and the duty “to determine and vary the application of the zoning . . . regulations in harmony with their general purpose and intent.....“ “Review of an action of a planning and zoning agency exists only under statutory authority,” and such reviews are permitted pursuant to §§ 8-8 and 8-9. (Citations omitted; internal quotation marks omitted.) Bell v. Planning & Zoning Commission, 174 Conn. 493, 495, 391 A.2d 154 (1978).
The trial court noted that “[u]nlike a typical floating zone . . . the property in an [historic overlay] zone continues to bear its original zone designa
General Statutes § 8-2 provides in relevant part: “(a) The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality, the height, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts and other open spaces; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes .... Such zoning commission may divide the municipality into districts of such number, shape and area as may be best suited to carry out the purposes of this chapter; and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land. All such regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district, and may provide that certain classes or kinds of buildings, structures or uses of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary, designate, subject to standards set forth in the regulations and to conditions necessary to protect the public health, safety, convenience and property values. Such regulations shall be made in accordance with a comprehensive plan and in adopting such regulations the commission shall consider the plan of conservation and development prepared under section 8-23. Such regulations shall be designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
. . . Zoning regulations may be made with reasonable consideration for the protection of historic factors . . . .”
Furthermore, the Greenwich Municipal Code has a separate provision, § 6-23, which designates historical “conservation zones,” with its own set of standards and procedures. It is apparent, therefore, that the intention was to allow for the creation of historic districts, but also to accommodate those randomly located historic landmarks with devices that allowed special exceptions to the underlying zoning in exchange for preservation of the historic features.
Section 6-23 provides in relevant part: “(c) The Planning and Zoning Commission upon application . . . after a public hearing and considerations of the recommendations of the Conservation Commission, may grant a Conservation Zone consisting of less than ten (10) acres in R-7, R-12 and R-20 zones . . . when the Planning and Zoning Commission finds that such rezoning will preserve and protect particular areas and terrain which have qualities of natural beauty or value, and will . . . (3) . . . preserve and protect areas and terrain which have historic interest including the setting and landscaping of historic buildings, as may be determined by the Planning and Zoning Commission after consultation with the Historic District Commission. . . .”
The overall plan in the Nedley Lane neighborhood utilized a more modem, modest style of architecture. Thus, the area was not “legislatively predeemed” an historic area.
The commission must determine whether “[t]he proposed use . . . [satisfies] standards set forth in the zoning regulations themselves as well as the conditions necessary to protect the public health, safety, convenience and property values. [See] General Statutes § 8-2 . . . . Acting in this administrative capacity, the [commission’s] function is to determine whether the applicant’s proposed use is expressly permitted under the regulations, and whether the standards set forth in the regulations and the statute are satisfied.” (Citations omitted; internal quotation marks omitted.) Housatonic Terminal Corp. v. Planning & Zoning Board, 168 Conn. 304, 307, 362 A.2d 1375 (1975), citing A. P. & W. Holding Corp. v. Planning & Zoning Board, supra, 167 Conn. 185. “In fulfilling its administrative function, a zoning commission is less concerned with the development of public policy than with the correct application of law to facts in the particular case.” Kaufman v. Zoning Commission, supra, 232 Conn. 151.
When a zoning commission acts on a special permit, it is required by General Statutes § 8-3c (b) to give reasons for its actions. Section 8-3c provides in relevant part: “Whenever a commission grants or denies a special permit or special exception, it shall state upon its records the reason for its decision. . . .”
In their brief, the plaintiffs argue that there is nothing in the record to contradict the historic district commission’s conclusion that the property met the standards in § 6-109.1 (3) (a). The plaintiffs claim that the zoning commission improperly relied upon reports from the sewer superintendent, the town’s engineering division, the building department and the historic district commission while considering the plaintiffs’ historic overlay application, site plan and special permit request. Only the historic district commission’s report pertained to the application for historic overlay zone designation; all of the other reports were submitted in relation to the site plan and special permit requests. The trial court concluded that historic overlay had to be approved before any action could be taken on the site plan and special permit requests because it was a hurdle for obtaining the “bonus units” available through § 6-109.1 (5) (b). The trial court concluded, therefore, that only the historic district commission’s report was “[t]he appropriate report for consideration” regarding the historic overlay zone application because it was the only report that addressed the required criteria established in § 6-109.1 (3) (a). We agree. Because the zoning commission is not bound by the recommendations of the historic district commission, however, it may weigh the historic district commission’s findings as one piece of evidence in considering an historic overlay application. See Smith v. Zoning Board of Appeals, 227 Conn. 71,96-97,629 A.2d 1089, cert. denied, 510 U.S. 1164, 114 S. Ct. 1190, 127 L. Ed. 2d 540 (1993).
The record also contains a September, 1996 letter from the historic district commission to the zoning commission regarding an application for historic overlay zone designation filed by the plaintiffs in 1996. At that time, the historic district commission “considered the property historic and worthy of preservation but marginal as an [historic overlay zone] because of the following:
“1. All original exterior architectural detail and ornament had been obscured or removed during the installation of aluminum siding.
*225 “2. The property has realized much prior development through subdivision and subsequent construction and as such the structure does not exist in its original context nor present itself as a significant streetscape element to King Street.
“3. The likelihood that the structure would be demolished to further develop the property is minimal.”
As a result of these findings, the historic district commission advised the plaintiffs that they would be granted historic overlay zone designation only if they provided a “detailed and thorough restoration plan for the exterior of the building” and resolved any current parking issues that marred the historic residential character of the building and current streetscape. In other words, the historic district commission recommended denial of the plaintiffs’ application until there was compliance with its recommendations.
Neighbors pointed out that there were often as many as ten cars parked in the front of the house at one time. They argued that permitting the two-family expansion would only add to the problem.