WESTFIELD – The Zoning Board of Appeals voted to grant a variance after debating the petition of the Montgomery Road resident whose family has own the property for decades.
However, the ZBA’s discussion did not end with that vote, but expanded into a more general discussion of the current zoning and the impact of residential growth in the area which was primarily rural land used for farming.
William R. Krok of 188 Montgomery Road requested the variance to create a building lot because of the odd shape of the lot which has sufficient frontage for the Rural Residential (RR) zoning requirement, but is hour-glass shaped and does not satisfy the RR requirement of containing the 150-foot square box.
Attorney Jeffrey Smith of the Moir and Ross law firm, speaking for Krok who was out of the city and unable to attend the Wednesday night meeting, when Krok acquired two building lots from his grandmother, both lots met the RR zoning requirements and were legal lots.
“Then in 2002 the zoning laws changes making both lot non-complying,” Smith said, adding that the lots were reconfigured to make lot #1 conform to the present RR zoning requirements.
ZBA Acting Chairman Martin Newman said that state law requires variance petitioners to prove a hardship directly related to conditions of the land such as soil conditions, topography, or other situations beyond the control of the property owner.
“We have to have findings showing a hardship relates to some situation of the property, which is a steep slope to climb, no pun intended,” Newman said.
“The hardship is that when Mr. Krok acquired the property, both lots were conforming (to zoning regulation in effect at that time),” Smith said, adding that the 2002 zoning law change “does create a hardship.”
Smith said the variance to allow the non-conforming lot as a legal building lot will not have a negative impact on the characteristics of the abutting neighborhood.
Thomas Krok, who lives next to his brother at 198 Montgomery Road and is a direct abutter to the land addressed by the variance petition, said he has no problem with the petition to create the legal building lot, which his brother acquired as a retirement investment.
ZBA member Lynn Boscher said that he lived in the Montgomery Road area for many years.
“It was rural at that time, but the residential areas are expanding,” Boscher said. “This is a good fit.”
Newman said the hardship “is created by the existing ordinance” and that Krok’s property is a “much bigger lot that the nearby lot of the Residential A subdivisions. I don’t see anything objectionable about this petition.”
ZBA member Alvin See said the area began to change from rural to residential when Westfield High School was constructed in 1971.
“That rural residential character changed when the high school was built,” See said. “I think (Krok’s) property is a candidate for a zone change. It would be better to get a zone change.”
Newman agreed, stating that the city should consider extending that current Residence A zone along the entire west side of Montgomery up to the Massachusetts Turnpike bridge.
Principal Planner Jay Vinskey said the ZBA does have the authority to submit zone change proposals to the City Council for its consideration and possible action.
Boscher made the motion to both grant the variance and request the City Council to consider a zone change from Rural Residential to Residence A.
“Krok’s property abuts a different zoning area which creates a conflict,” Boscher said. “Originally there were two (legal) lots, but the zoning requirements changed. This is a minor change to bring him into compliance.”
The ZBA voted 3-0 to allow the variance request.
