TOWN OF BOLTON

DESIGN REVIEW BOARD

 

NOTICE OF DECISION

 

This matter came before the Bolton Design Review Board (DRB) on the application of Stewart and Renee Robinson (Landowners and Appellants) for a variance from Bolton Zoning Ordinance Article III, Section 3 (D) to relieve the side yard setback requirement of 50 feet. Having been duly warned, the DRB conducted a public hearing on July 18, 2001 to which Applicant Stewart Robinson was present.

 

Based on the testimony provided at the above-mentioned public hearing and the documents submitted to the DRB (contained in the documents of file for this application), the DRB finds, concludes and decides as follows:

 

FINDINGS OF FACT

 

1>             Appellants own a parcel of land situated at 3475 Stage Road in the Town of Bolton. The lot and single family residence is identified as lot #3  (tax map id #5-343-153) in a five-lot subdivision.

 

2>             It is the proposal of the Appellants to remove an existing 12’ x 8’ storage shed and erect a 22’ x 24’ garage. The configuration of the lot and placement of the garage leaves a side yard setback that fluctuates from 13 feet to 5 feet.

 

3>             Stage Road is a public road. 

 

4>             A letter dated June 1, 2001 was presented by Applicant and accepted from abutting neighbors Scott and Joyce Holsten stating no objection to the garage with the request that the trees bordering the property not be cut or damaged and that the building be erected within the Appellants property lines.

 

CONCLUSIONS

 

1>             Appellants’ property is situated in the Agricultural Rural I District as defined in Bolton Zoning Ordinance Article III, Section 3.

 

2>             Variances may be granted if they meet the standards as set forth in Article IV, Section 3.

 

3>             Pursuant to Article IV, Section 3 (1) there must be unique physical circumstances or conditions and that unnecessary hardship is due to such conditions.  The DRB concludes that the subdivision of the property creating this five-lot subdivision was done prior to the acceptance of requirements of the Bolton Zoning Regulations and that because of the shape of the lots it is not possible to meet the current set back requirements.

 

4>             Pursuant to Article IV, Section 3 (2) that because of the unique physical circumstances, there is no possibility to meet the requirements in strict conformity with the provisions of the regulations and that the authorization of a variance is necessary to enable the reasonable use of the property.  The DRB concludes that the lot shape, the placement of the house and the physical restrictions on the use of the back of the lot, creates unique physical circumstances. There is no possibility to meet the requirements in strict conformity with the provisions of the regulations and that the authorization of a variance is necessary to enable the reasonable use of the property.

 

5>             Pursuant to Article IV, Section 3 (3) the unnecessary hardship cannot be created by the Appellant.  It is the conclusion of the DRB that the subdivision of the lot and placement of the home was created prior to the regulations of the Bolton Zoning Ordinance and were not created by the Appellant.

 

6>             Pursuant to Article IV, Section 3 (4), the variance, if authorized, will not alter the essential character of the neighborhood, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to public welfare.  It is the conclusion of the DRB that the variance, if authorized, will not alter the character of the neighborhood, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, nor be detrimental to public welfare.

 

7>             Pursuant to Article IV, Section 3 (5), the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the Zoning Bylaw and Town Plan.  It is the conclusion of the DRB that the variance, if granted, will afford relief in the least deviation possible from the Bolton Zoning Ordinance and Town Plan.

 

DECISION

 

Based upon the Findings and Conclusions set forth above, the DRB unanimously approves the Appellants request for a variance with the following conditions:

1>   That the garage to be built is not larger than 22’ x 24’ and use is restricted to a one story, two car garage.

2>   That best effort will be made to protect the existing trees and plantings now growing along the northeasterly boundary line to shield the garage from the neighbors Scott and Joyce Holsten.

3>   That any lighting connected or used on the outside of the garage will be downshielded to minimize light pollution.

 

 

Signed;

 

 

Nancy R. Peck

Chair of the DRB

 

Members present and voting in favor: Randy Couch, Ken Richardson, Shirley Zundell, Mike Rainville and Nancy Peck.