[Massplanners] Issuance of Variance

[Belansky, Evan]

My understanding is that the plans and conditions associated with said variance must remain in compliance and any changes require a modification of the variance.

Evan Belansky
Town of Chelmsford

From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Gary Bechtholdt via MassPlanners
Sent: Tuesday, September 13, 2022 3:34 PM
To: Massachusetts Planners <massplanners at masscptc.org>
Subject: [Massplanners] Issuance of Variance

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Good Afternoon All:

Have not posted in some time -hope all is well.

Have one for the group.......

A Variance was issued for a subject property (in 2020) for front setback relief due to (rear) topography of the lot.

ZBA granted variance reducing front setback from 40 to 20-feet.

Single-family home was constructed in 2021

Fast-forward to 2022, the Planning Board is now in receipt of an ANR application to subdivide the subject property -to create two (2) lots; 1 consisting of the new single-family home & the other a new proposed building lot.

It would appear absent the Variance granted -the subject property could not satisfy zoning requirements for 2 separate lots.

Question(s) -does the Variance supersede or restrict altering the size/shape of the subject property (lot) granted relief?

What grounds if any, would the Planning Board have in denying this ANR application?

May the Building Inspector/ZEO issue a determination that the subject property granted relief cannot be subdivided or alter without approval from the ZBA (the Variance issuing authority).

Seems like -securing the Variance may have been an end-around to create another building lot, where without Variance would not be possible.

Thoughts....

Thanks & take care,

-Gary


R. Gary Bechtholdt II
Northbridge Town Planner

Community Planning & Development
Aldrich School -Town Hall Annex, 14 Hill Street
(508) 234-2447

Northbridge Memorial Town Hall
7 Main Street, Whitinsville, MA 01588

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