Town of Princeton, Massachusetts
ZONING BOARD OF APPEALS
June 14, 2018
Variance for relief from the limit of accessory apartment size requirements at 30 Mountain Road
Minutes and Decision
The Princeton Zoning Board of Appeals held a public hearing at the Town Hall on Thursday, June 14 at 7:00 PM to hear a petition for a variance from Daniel and Cheryl Ervin. Their property is located at 30 Mountain Road, Princeton, Massachusetts on Assessors map #12A, Lot 5.
The petitioner sought a variance, pursuant to M.G.L. Chapter 40A, and Section XVII, subsection 1. (2) and (3), of the Princeton Zoning By-Laws, for relief from the limit on area of living space in an accessory apartment.
Board members present were acting Chair Christopher Walton, Jesse Weeks, and alternate Larry Greene, Jr. Chairman John Puricelli was absent as he recused himself. Christopher Walton opened the hearing at 7:00 PM, explained the procedure for a public hearing, and read the public hearing notice.
The Ervins were present and were represented by Flick Law Group, P.C. of Gardner, with Atty. Priya Gandbhir in attendance and Atty. John Flick on speaker-phone. Several abutters or other members of the public were in attendance.
The petitioners described the property. They seek to renovate the existing 30’ x 60’ barn into two levels of living space which will altogether total appx. 3,000 sq.ft. Atty. Flick outlined the history of the lightening-sparked fire on May 2, 2017 in the “Inn” building and subsequent demolition. The Ervins wish to renovate the existing barn into living space for then to use as the Inn is being repaired—a complex and time-consuming process as the Ervins want to preserve the historical structure as much as possible.
It is unknown how much of the original Inn structure can be salvaged and re-constructed, or what the ultimate square footage will be. Under current zoning, if it’s more than 6,000 sq.ft., it becomes the “principal” unit and the barn becomes the “accessory” apartment. If the Inn is less than 1,500 sq. ft. than it becomes the accessory apartment and the barn becomes the principal unit. Essentially, a variance will need to be utilized in the likelihood that the final living area of the reconstructed Inn is a number between 1,500 and 6,000 sq.ft.
The petitioners noted that there will be no exterior change to the barn or surrounding site— driveways, parking or other features, and no derogation to the look of the neighborhood.
At 7:05 PM the chairman opened the hearing to public comment. John Mirick, chairman of the Planning Board, was in to explain the memorandum which his board submitted which stated that all five members determined that conversion of the existing barn to an accessory apartment was consistent with the purpose of Section XVII of the Zoning By-Laws, and urged the ZBA to take into account the special circumstances when considering the application for a size variance for the special permit which will be required from the Planning Board on this project. He stressed that the site will look no different when the project is completed.
Bob Leary of 21 Mountain Road and Hal Melanson of 5 Hubbardston Road spoke in favor of the project.
At 7:15 PM the ZBA members voted to close the public comment portion of the hearing and deliberate. The issue of whether a “substantial hardship” existed was noted by Mr. Weeks, and Mr. Greene pointed out that the whole issue is about size. It was reported that according to the building inspector, the re-construction project of the Inn is considered “new” construction and must meet all current codes.
At 7:25 PM the Board voted unanimously to grant the variance as it represents no derogation to the intention of the accessory apartment provision in the zoning bylaws.
Appeals, if any, should be made pursuant to Section 17, of the Massachusetts Zoning Act, Chapter 40A and shall be filed within twenty (20) days after the date of the filing of this decision with the Town Clerk.
Princeton Zoning Board of Appeals
Dated: ____________________________________
Christopher Walton, Esq. (as Representative of the Zoning Board of Appeals)
A copy of this decision was filed with the Office of the Town Clerk on _________________(date)
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Town Clerk
The Town Clerk hereby certifies that twenty (20) days have elapsed after the decision was filed with the Office of the Town Clerk and no appeal has been filed as provided by Section 17 of the Massachusetts Zoning Act, Chapter 40A.
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Town Clerk
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