WESTFIELD – The Zoning Board of Appeals will vote at it Sept. 5 session on two petitions presented last night at public hearings. The board also approved the requests of two other petitioners to continue their public hearings.
The board heard details of a special permit request submitted by Jason Florek to convert his single-family residence to a two-family residence, constructing an “in-law” wing on the rear of the existing building for his parents.
Florek’s property is located on more than 21 acres of land at 948 Granville Road in a rural residential zone.
The board can allow that relief under its authority to issue special permits as defined in Section 3-40.4 of the city’s Code of Ordinances.
The ZBA will also vote on a petition submitted by a Wintergreen Lane resident who is seeking to construct a porch on the front of his home, which could later be modified to include a handicap ramp.
John R. Gordner of 23 Wintergreen Lane is seeking a variance because of the shape of his property which is located on the cul-de-sac at the end of the residential street off Western Avenue in a Residence A (RA) zone. Because of the arch of the cul-de-sac Gordner does not have the front setback of 35 feet required in the RA district. Gordner is seeking a 25-foot setback.
The standard allowing the ZBA to approve a variance is much stricter than that of a special permit. ZBA Chairman Michael Parent advised applicants seeking variances earlier this month 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.”
ZBA member Martin Newman said variance applicants need 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.”
The board also voted to allow Gerald Tracy, who is seeking to create an apartment on the ground floor of 22 Elm Street, a continuance to Oct. 24. Tracy requested the continuance to allow him to resolve the parking requirement associated with the apartment conversion to the Planning Board in September.
Tracy, of 184 Gun Club Road, is the owner of the building at 22 Elm Street where he formerly operated the Tea Pot Art Gallery and Restaurant. Tracy converted the second floor to a residential unit and is now seeking to divide the ground floor into two distinct uses, including a 600-square-foot apartment 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.
Board members raised the parking issue at the board’s Aug. 1 meeting at which it accepted petitions. 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 at that earlier session, resulting in Tracy’s continuance request to resolve the issue with the Planning Board.
The ZBA also granted a continuance to a Pine Street resident seeking to construct a front porch and rear deck.
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 odd shape of his lot, asking the ZBA to grant a variance which would allow a 13-foor front setback and 27-foot rear setback.
