WESTFIELD – The Zoning Board of Appeals will issue a decision on a petition for a variance on Wednesday following the public hearing held earlier this week.
The owners of 6 Long Pond Road, Rick Epstein and Susan McFarlin, are seeking a variance to allow “conveyance of land” between two abutting lots which currently have a common driveway.
McFarlin, who appeared before the ZBA at the public hearing last Wednesday night, said the land abutting the public street is owned by their neighbor who wants to discontinue the common driveway and use that area for parking.
“We are trying to buy 1,340 square feet to cut the corner of the jog along the property line,” McFarlin said. “Now it’s a shared driveway through the property of #6 and the owner wants to discontinue the driveway, want that area for parking.”
McFarlin said that her property has steep 40 degree slopes and large boulders which limits the area to construct a driveway without the additional land.
“Both lots are nonconforming because they have less than two acres (required by the city’s zoning code for residence a property),” McFarlin said. “But they are the biggest lots on that section of the lake.”
McFarlin said that her property is now 18,539 square feet in area and will be 19,880 square feet if the conveyance is allowed, while her neighbor’s lot which is now 16,600 square feet will drop to 15,290 square feet in area.
“There is no negative impact, we’re not creating additional density, not creating another building lot, not doing anything to hurt the property,” McFarlin said.
The plan is to relocate the street access and connect to the existing driveway.
ZBA Chairman Michael Parent said that the criterion to meet the standards to grant a variance is stringent under the Massachusetts General Laws, Chapter 40A, Section 10:
Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning ordinance or by-law where such permit granting authority specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law. Except where local ordinances or by-laws shall expressly permit variances for use, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided however, that such variances properly granted prior to January first, nineteen hundred and seventy-six but limited in time, may be extended on the same terms and conditions that were in effect for such variance upon said effective date.
The permit granting authority may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.
