===OCR macOS Vision===
===PAGE 1===
BURG
ZONING BOARD OF APPEALS
MINUTES
March 25, 2015
The Lunenburg Zoning Board of Appeals held a public hearing on Wednesday, March 11, 2015
at 7:00 PM. The hearing was held at the Lunenburg Town Hall, 2nd Floor Conference Room, 17
Main Street, Lunenburg, MA.
The applicant Sharon S. Vincent, 43 Oak Avenue, Lunenburg, MA 01462 was seeking a
Special Permit for Dimensional Variation to maintain the grandfathered status on a parcel
of land located at 53 Oak Avenue, Lunenburg, MA 01462.
Board Members present: Raymond Beal, Chairman, Donald F. Bowen; Hans Wentrup, Alfred
Gravelle, Paul Doherty and James Besarkarski (present but not voting).
Others Present: Sharon & Gary Vincent and Brian Swift, abutter to the property.
7:00 PM Chairman Raymond Beal opened the hearing and explained the procedure to the
audience. Lisa Normandin, Board secretary read the application into the public record.
Mrs. Vincent indicated that she purchased the vacant parcel abutting her home in 2002 as
an investment and to take control of any development that could possibly occur as a
result of an upcoming sewer line that was proposed on Oak Avenue. She felt that she had
done her due diligence to insure that the status of the property would remain a buildable
lot after she took ownership. The deed was drawn up listing the husband and wife as
owners of the parcel not knowing that it would no longer enjoy single lot status. A few
months after purchasing the parcel she learned that having the same ownership as the
abutting home created a problem with regard to maintaining the grandfathered status of
the vacant parcel. Six months later Mrs. Vincent had the deed corrected and the property
was then listed in Sharon Vincent's name only. Mrs. Vincent maintains that she thought
the matter was cleared up; however, when she approached the Building official in 2015
she realized that this was not the case.
Raymond Beal indicated that he had a conversation with the building commissioner
regarding the merger doctrine and that he did some research prior to the meeting and
accessed a document with regard to Grandfathered lots and plan protections.
document was prepared by Donald J. Schmidt with the Department of Housing and
Community Development in November of 2009. In this document it outlines in section|B
that the substandard building lots must be combined to form REFLED
MAR 3 1 2015
LUNENBURG TOWN
CLERK OFFICE
===PAGE 2===
more closely approximate the minimum lot area and frontage requirements of a local
bylaw. Mr. Beal pointed out that the existing home occupied by the Vincent's in indeed a
conforming lot so the merger doctrine does not apply.
It is a standard lot, therefore,
does not force the merger as one is parcel conforming and one is not. He also feels that
since the Board has the authority to grant a Special Permit for Dimensional Variation for
the lot size, we should decide upon granting that permit. Mr. Beal explained that in (RA)
residence A zoning district the bylaw requires that a lot be 40, 0000 square feet with 100
feet of frontage and the required lot width through building is 175 feet.
Paul Doherty was in agreement with Mr. Beal and the Building Official in that the
common lot merger doctrine does not apply. Alfred Gravelle felt that the only issue
before the Board is" is it a grandfathered lot or not" and grandfathered lots are protected.
Sharon Vincent was confused about the fact of whether or not the special permit for
dimensional variation should be considered or not. He also feels that since the Board has
the authority to grant a Special Permit for Dimensional Variation for the lot size, we
should decide upon granting that permit.
Donald Bowen asked several questions regarding the assessment of the property: Ms.:
Vincent indicated that the property record card was changed in the assessor's office and it
changed the amount of land and the assessed value as well. She said that the classification
is noted as potentially buildable land at the assessor's office and the change in lot area
and value was an administrative error.
Raymond Beal agreed that the record that he
examined differed from the amount of land outlined in the Assessors records (actual
26,136 square feet). Ms. Vincent indicated that it has since been corrected in the
assessor's office.
Hans Wentrup was curious to know why the Building Official felt that the common lot
merger doctrine applied in this case to the subject property. Raymond Beal explained
that he thought that, at the time the Building Official and the Town Counsel discussed it,
the assumption was that there were two substandard lots.
Alfred Gravelle asked Mrs. Vincent why she approached the Building official in the first.
place. She replied that the new school is currently being constructed directly across the
street from the property. An abutters meeting was held regarding the proposed crosswalk
in that area. She wanted to provide input at the meeting because she did not want to be
prohibited from where her driveway may be located if a home was built there in the
future.
Brian Swift, 63 Oak Avenue an immediate abutter to the property felt that the property:
owners made an investment in the property and felt that the Vincent's should be able to
move forward with the property.
===PAGE 3===
Chairman Beal polled the Board and asked if they agreed that the merger doctrine does
not apply. Alfred Gravelle, Donald Bowen, Hans Wentrup and Paul Doherty all agreed
that it does not apply in this case. He next asked the Board members if they felt that the
Special Permit for Dimensional Variation should be acted upon, he suggested that if it
was approved the applicant would not have any problems moving forward if the decision
was ever challenged. Mr. Beal felt that it is clearly within the Boards powers to do so.
While the Board members agreed that the merger doctrine did not apply in this case, the
members were not all in agreement that a Special permit for dimension variation was
needed. Raymond Beal and Alfred Gravelle were in agreement that the approval would
serve to be an affirmation of the grandfathered status.
Raymond Beal reaffirmed the fact that if the Special Permit for dimensional variation
were to be granted this was in no way indicating that the parcel was considered a building
lot. A building permit would be sought through the building department and would be
handled by them.
The Board voted unanimously to approve the Special Permit for dimensional variation.
Hearing Adjourned at 8:20 P.M.
Minutes submitted by Lisa A. Normandin, Board Secretary
Approved by Chairman of the Board