2/4/1985 PLANNING BOARD Minutes - Laserfiche WebLink

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5 It is a complicated piece of legislation. They have all said : . it to me, "If you are going to build on the nonconforming lot or expand your use or intensity. your use , we feel better if you got a Variance" . That ' s inmost cases. You go to a bank and they require a plot plan to get a mortgage, you want to sell. `1'o get that mortgage, the attorney is going to say the town doesn' t try to prevent you, from building at all, you' ve done everything by the book, they' ve done the grandfather* clause. They' vecbne everything to make it easy for you but you still lie in an R3M 40,000 sq. ft. zone and you have only a z acre lot. Go get your variance. You have the right to go to the Board of Appeals for a variance. If you don' t have a right to the variance you've got to show hardship. Technically hardship and the four things you have to comply with the Board of Appeals to get the hardship is not an easy task. Let' s suppose you had a neighbor who didn' t like an addition or like you or whatever, and he objects to your application for that variance ; you won' t get the variance. In my view, it' s the little guy, little owner of the 1 house and the 1 lot and right now he is going to be seriously affected, because the owners of large tracts of land which be in this R1 R2 area; they protect themselves. They have the legal expertise, the know- ledge and are presenting plans to the planning board so they are alright. So that any idea that all 6f us are going to vote yea for acre zoning and is going to solve all of aur problems is really a delusion. I would hope that iiashpee wouldn' t be saddled, speaking personally, with all thse new plans that have come in and will be voted and carried through if this change in voting in zoning is allowed and okayed. It would be a mi.stai-.e at this time. I think there are other ways to do it. r•iost important think I want to het across; we are ourselves , the lot owner and hole 3v ner. One thing vie can do if we want to pass zone is to pass it , but exempt it for the i-'opponessetss , �aconsetts Islands , john' s Pond , rirates Cove and antuit Moods; to establish, develop the character of the nei., ..borhood that is already there. ,. i)ubia; On the issue as to whether to passihis article, we will create a flood of variance applications in the existing neighborhoods. I disaggee with your characterization of 5.52 as vague or as something that ' s going to bother bank attorneys. I don' t agree with the proposition that people will have to go to the Board of Appeals. I think the proposed bylaws ; Joe Reardon thinks its valid and I think It ' ll get passed this stage then its a question whether it ' s so vague as to confuse lawyers It says we have 1 undeveloped nonconforming lot you can put 1 house on it, so the average guy is not going to be affected. I think it ' s wrong to say the average guy is going to get a variance. r