Zoning Board Continues Case Regarding Existing Apartment

The Zoning Board of Appeals heard one case at its August 3 meeting. The owners of 29 Gardner Road are seeking a special permit for an existing detached accessory apartment. The apartment has existed since 1957 and at that time was granted a special permit for the lifetime of the owner of the property who passed away in 1961. The apartment has been used since that time with no further action by the town. The current owners applied for the special permit when they purchased the property in 2013, which was denied because the bylaws of that time did not allow for accessory apartments. The owner appealed the decision and the case ended in 2015. Since then, the bylaw has changed allowing accessory apartments through a special permit.

The owner also applied for a variance, as the structure is larger by 60 square feet than allowed by the bylaw. Much of the board’s discussion centered around the fact that it would be unreasonable for the town to ask the owner to remove 60 square feet of an existing building. It would also be unreasonable to require the owner to add 180 square feet to the primary residence on the property. Issues emerged about adequate parking for the apartment and proper setback from the property line for the building. There was also disagreement in the various site plan documents as to the size of the various buildings on the property. While Commissioner of Buildings, Glen Redmond, recommended approval of the special permit and the variance, the board asked for the paperwork to be cleaned up before a decision was issued. The board continued the public hearing until September 7.

The board also continued the public hearing at the request of the applicant for 364 Lowell Street to August 17. Chair Daniel Traniello informed the board that the meeting night for the Zoning Board of Appeals may switch to Wednesdays in October. The board adjourned at 8:50.

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