[Massplanners] ANR then Variance, or ViceVersa

[O’Brien, Shane]

Hello Fellow Planners,

Happy Monday.

Looking for some Planner advice, as I’ve decided to take a hardline approach on something when it comes to lot lines and lots of record with a ZBA Applicant requesting a dimensional variance.

An applicant filed an ANR Plan endorsed by the Planning Board, so they can get two buildable lots, but then creates their own hardship on the lot with the existing house as the accessory structure does not meet the required set backs. Applicant records plan at Registry. Applicant goes to the ZBA requesting a dimensional variance, whereas the ZBA decides that they do not care for that one bit, puts on their collective thinking caps on and decides that the applicant should adjust the lot lines on two lots (existing house lot and newly created buildable lot) and request a Variance on one of the buildable lots instead. The applicant now will be requesting a new variance on a newly created lot based on building box setback requirements.

My position is that the applicant should readjust their lot lines on a Plan of Record at the registry so that we are all clear what the lot boundaries of the three lots are prior to appearing before the ZBA, rather than the applicant come in with a new “ZBA Plan” showing where the hypothetical lot lines are going to be, and then file the ANR Plan only after receiving approval from the ZBA.

Is there an ideal way of this order of operations (tried PEMDAS didn’t work) and just wanted to see if anyone else would take my approach or if its okay to operate with hypotheticals in mind.

Sincerely,
Shane

Shane O’Brien, AICP
Town Planner
Dept. of Community & Economic Development
Town of Bridgewater
66 Central Square
Bridgewater, MA  02324
Phone: 508-697-0950
Email:  sobrien at bridgewaterma.org<mailto:sobrien at bridgewaterma.org>

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