Town of Princeton
ZONING BOARD OF APPEALS
October 20, 2016
Variance for relief from side lot setback requirements at NEADS property
Minutes and Decision
The Princeton Zoning Board of Appeals held a public hearing at the Town Hall on Thursday, October 20, 2016 at 7:00 PM to hear a petition for a dimensional variance from the National Education for Assistance Dog Services, Inc. (NEADS). The property is located at 305 Redemption Rock Trail South, Princeton, Massachusetts and is on Assessors map #13, Lot 38.
The property owner is listed at Worcester South District Registry of Deeds as New England Assistance Dog Service, Inc., Book 14713, Page 128.
The petitioner sought a variance, pursuant to M.G.L. Chapter 40A, sec. 10 and Section VIII, subsection 2(E) of the Princeton Zoning By-Laws, for relief from side lot setback requirements (Section VI, subsection 1(E)) to enlarge a row of dog runs so that they would extend seven (7) feet into the minimum thirty (30) foot setback.
Board members present were Chairman John Puricelli, Christopher Walton, and Jesse Weeks. The Chairman opened the hearing at 7:00 PM, explained the procedure for a public hearing, and read the public hearing notice.
The petitioner was represented by Attorney John M. Flick. Also present from NEADS were Gerry DeRoche, the CEO, and Lacy Gillotti. NEADS is an organization that provides trained dogs to deaf and disabled Americans. Attorney Flick explained that NEADS seeks to renovate its main structure. The only exterior component to this renovation would be the reconstruction of the dog runs attached to the building. This will result in a new roof overhang running about seventy (70) feet along the western side of that structure. Approximately twenty (20) feet of this roof overhang will extend seven (7) feet into the minimum thirty (30) foot setback from one abutter’s lot line. Ms. Gillotti stated that, although the total number of runs would decrease, the new runs would be more
suitable and humane for the dogs.
At 7:40 PM the Chairman closed the petitioner’s portion of the hearing to allow comment by members of the public. Susan Mitchell, a Princeton resident and veterinarian, spoke in favor of the petition.
At 7:45 PM the chairman closed the public comment portion of the hearing to begin deliberations. After discussion, the Board voted unanimously to grant the variance as a de minimis departure from the Zoning By-Laws.
The Board makes the following findings of fact and conclusions of law:
- The petitioner, NEADS, seeks to renovate its main structure.
- The only exterior component of this renovation would be the reconstruction of dog runs attached to this structure.
- The proposed dog runs would result in a new roof overhang running seventy (70) feet along the western side of the structure. Twenty (20) feet of this roof overhang will extend seven (7) feet into the minimum thirty (30) foot setback from an adjoining lot line.
- Pursuant to Section VIII, subsection 2(E) of the Zoning By-Laws and M.G.L. Ch. 40A, sec. 10, there was no evidence that the proposed dog runs would result in any detriment to the surrounding neighborhood or the public good in general.
- Given the unique nature of this case and the inherent value of the NEADS organization to the larger society, the issuance of a variance here represents a de minimus departure from the Zoning By-Laws that does not nullify nor substantially derogate from the intent or purpose of those By-Laws.
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: ____________________________________
John Puricelli (as Chairman and 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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