A warehouse-to-home proposal in downtown Kent runs into zoning concerns

KENT — A proposal to convert an old warehouse into a residence on Lane Street in downtown Kent has become more complicated than anticipated, as the Planning and Zoning Commission considers potential unintended consequences of the plan, including a proposed amendment to Village Residential zoning regulations.

During a special meeting Wednesday, Dec. 10, attorney Jay Klein of Carmody, Torrance, Sandak and Hennessey presented the proposal on behalf of John and Diane Degnan, who have lived at 13 Lane St. since 2022.

The Degnans are seeking to convert an industrial structure at the rear of their property, currently used for storage, into their primary residence, while keeping a four-unit building at the front of the lot available as affordable rental housing.

What appears to be a straightforward proposal has been complicated by a murky zoning history and regulatory constraints tied to the property’s designation.

Neighbors, however, say the review process has dragged on unnecessarily and are urging the commission to move forward with a project they believe would benefit the street.

“Is it normal for zoning to go this far?” asked Lane Street neighbor Lili Mason during the public comment period at the Dec. 10 meeting. “This is all ridiculous as far as I’m concerned.”

Mason’s frustrations were echoed by other testifiers, who voiced unified support for the Degnans’ project and praised the couple’s character:

“[They’ve] changed the neighborhood for the better,” said Ed Raftery. “Don’t penalize people who are trying to make improvements,” said Tamara Potter, another Lane Street resident, who recalled overpowering shellac fumes drifting through the neighborhood when the warehouse was used to store pleasure boats.

According to Land Use Office records, the structure has previously housed an auto body repair shop, an aquarium store, a mail-order book business, sign production and a skin care mail-order operation, among other uses.

“A commercial building on this street just doesn’t fit,” Potter emphasized, alluding to the fact that the conversion of the warehouse to a residence would essentially prohibit the possibility of a future industrial use on the property.

Commission members largely agreed with residents that the proposal — combining a new residence with affordable rentals — would be a positive change. Several commissioners, however, raised concerns about the applicant’s approach, particularly a proposed amendment to the section of regulations governing special permits in the Village Residential zone.

With guidance from zoning expert Glenn Chalder and town attorney Michael Ziska, the commission pushed back on aspects of the amendment, which would add a new section specifically addressing conversions of industrial or commercial buildings to residences. The proposed language included specialized rules related to density, parking and discretionary waivers of certain zoning requirements.

New commission member Donna Hayes, who was once the town’s land use director, explained that regulations designed for a particular project can have unintended effects elsewhere in town:

“One of the things that [residents] need to understand is that a regulation is written not for a specific piece of property but for a complete zone. And it’s written not for any particular person, but it’s written for the future as well.”

Ziska offered a similar warning: “Once regulations are changed, things happen. Things happen that nobody can expect.”

He expressed doubts about several aspects of the applicant’s proposal, though indicated general support for the concept and suggested there might be a simpler and safer way forward.

Klein said the Degnans’ goal is to improve the property “utilizing existing site resources” while bringing the entire parcel into zoning compliance. Ziska noted that the four-unit building at the front of the lot was never formally approved by a zoning officer — an issue that will need to be resolved if the units are to be used as affordable rentals. Chalder and several commissioners recommended that the applicant work with Kent Affordable Housing in coming up with a plan for the units, which Klein said would be priced between $950 and $1,800.

Klein, Chalder and Ziska ultimately agreed to meet later in the month to come up with a path forward agreeable to both the Degnans and the town. The hearing was left open, and will continue at P&Z’s next regular meeting on Jan. 8.