WESTFIELD – The Zoning Board of Appeals will conduct four public hearings at its Aug. 22 session of petitions for two variances and two special permits.
ZBA Chairman Michael Parent advised the two residents seeking variances to add porches to their home that the variances are more difficult to obtain than special permits.
“We issues special permits all of the time,” Parent said. “By law it is very hard to get a variance. You have to make the best case to us for granting a waiver.”
Parents said the law requires the board to consider specific conditions related to the property.
“You have to meet those criterion,” Parent said. “We cannot give a variance unless all four criterion are met.”
One of those conditions is that the variance will not result in “detriment to the public good,” while the others relate to conditions of the property or building such as shape, size, topographical detail and soil conditions.
Another criterion is proof that there is a “substantial hardship” owing to those unique circumstances, except for a self-imposed financial hardship and that there will be “no derogation from the underlying intent or purpose of the city’s zoning ordinance.”
John M. Hibert of 3 Pine St., a lot located on the corner of Pine and Prospect streets, is seeking a variance to add a front porch to front of his home and a deck on the rear of the structure.
The house is located in a Residence A district which requires a 35-foot front setback and a 30 foot rear setback.
Hibert is seeking relief from those requirements because of the small size and shape of his lot, asking the ZBA to grant a variance which would allow a 13-foor front setback and 27-foot rear setback.
The second variance petition, also requesting relief from the 35-foor front setback, was submitted by John Gordner of 23 Wintergreen Lane.
Gordner lives on a lot with a circular frontage at the end of a cul-de-sac and is seeking relief to allow for the construction of a front porch that will be eight-feet deep and span the front of the residence.
ZBA member Martin Newman advised both variance applicants to focus on the hardship created by the size or shape of their property.
“The variance law requires you to present evidence that a unique physical feature is affecting the subject land or structure,” Newman said.
The two special permit applications seek relief from ordinance requirements, a different issue than setback relief petitions.
Gerald E. Tracy, of 184 Gun Club Road, is the owner of the building at 22 Elm Street where he operated the Tea Pot Art Gallery and Restaurant.
Tracy converted the second floor to a residential unit and is not seeking to divide the ground floor into two distinct uses, including a 600-square-foot residential unit in the rear of that area and a commercial area in the front space.
Tracy said he is attempting to bring people downtown to live, work and play and that he may occupy the residential apartment and use the front commercial space for his art gallery.
The question raised by the board members pertained to parking requirements. The property is in the CORE district which requires two spaces per residential unit.
“You’re going to have to show us that you’re in compliance with that city’s parking requirement,” Parent said.
The second special permit was submitted by Jason A. Florek of 948 Granville Road who is seeking to convert a single-family residence into the two-family building. Relief would allow him to build an addition to his home for his parents.
