Wednesday, January 28, 2026

Variance request to split a lot on Old Lee Road

Variance denied. The board found three of the five tests not met (hardship 0-4, substantial justice 1-3, spirit and intent 0-4). The minutes say "all in favor" on the motion to deny.

On January 28, 2026, the Zoning Board of Adjustment (ZBA) heard a request for a variance from Article III, Section 3.4.1.2 of the zoning rules. The owners' representatives wanted to split a 5.09-acre lot with 228 feet of road frontage into two lots. The lot is in the Residential Agricultural District (Map 104 Lot 56). The applicants said two lots would need 400 feet of frontage. They said the lot's shape narrows near the road and that the neighborhood across the street is zoned for smaller lots. They said they would change the lot shape if the board asked. Only four of the five voting seats were filled (three members and one alternate). The chair said three yes votes are needed whether three or five members sit. The applicants chose to go ahead. The chair said the new lot would have no road frontage and would reach the road only by a shared driveway. He said the Planning Board could not approve the plan as shown. He said one option is to upgrade the driveway to a town road with a turnaround. Another is a warrant article (a question put to voters) to change the zoning. A resident who lives behind the lot asked for a visual of the plan and said she did not want her property value to drop. An email from another neighbor, who did not object, was entered into the record. The board voted on the five variance tests. The four voting members voted on each test. Unnecessary hardship: 0 yes, 4 no. Substantial justice: 1 yes, 3 no. No loss of value to nearby properties: 3 yes, 1 no. Not against the public interest: 3 yes, 1 no. Consistent with the spirit and intent of the ordinance: 0 yes, 4 no. The chair said all five tests must pass. He moved to deny the request, and a board member seconded it.