TOWN OF BOLTON
DEVELOPMENT REVIEW BOARD
FINDINGS OF FACT AND NOTICE OF DECISION
This matter came before the Development Review Board on the application of Michael and Lori Bedard of 439 Bolton Valley Road seeking a variance from Section 3, sub-section D, Dimensional Requirements of the Bolton Zoning Regulations. Request is for a minor property line adjustment from the Peterson property resulting in the creation of a ten (10) foot side and rear yard setback.
The DRB conducted a duly warned public hearing on November 19, 2003. Present at this hearing was applicant, Mike Bedard, and Gene Ann Condon, attorney for the abutter, Jan Peterson. Based upon the testimony provided at the hearing and the submission of documents for this application, the DRB finds and decides as follows:
1. The property in question is zoned Agriculture and Rural I District.
2. Minimum side yard required fifty (50) feet, and minimum rear yard thirty five (35) feet proposed by appellant; ten feet for both rear and side yard setbacks.
3. The Bedards constructed an addition with permit issued in April 2000 stating that setbacks were not an issue.
4. A recent survey by the Petersons established a new property line which created a problem with the rear and side setbacks of the addition.
5. The existing lot of approximately one quarter of an acre is non-conforming, like-wise the same for the Peterson property.
6. A minor property line adjustment will “right” the problem. The alternative would be removal of the addition.
7. Lots (Bedard and Peterson) predate the existing zoning bylaws.
8. The hardship not created by appellant, others, lot set-off prior to zoning enacted in the town created it, and the variance will not alter the character of the neighborhood.
9. Recommended setbacks of ten (10) feet represent the minimum variance to afford relief.
Based upon the Findings set forth above, the DRB unanimously approves the request as submitted, with no conditions.
Approved by the DRB on November 19, 2003 and issued on _________________ , 2003
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Rob Heimbuch, Chair
Members present and voting in favor: Rob Heimbuch, Mike Rainville, Ken Richardson, Greg Swan, and Susan Vita