Norton Zoning Board Grapples with Historical Lot Subdivisions and Oversized Signage Requests
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Meeting Type:
Zoning Board
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Meeting Date:
11/20/2024
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Recording Published:
11/22/2024
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Duration:
84 Minutes
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Towns:
Norton
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County:
Bristol County
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State:
Massachusetts
- Meeting Overview:
The Norton Zoning Board meeting delved into complex discussions surrounding historical lot subdivisions and a contentious oversized signage application. The board examined an application for a property on Zero Point Street, focusing on historical lot subdivisions that occurred decades ago, and debated a signage variance request in a commercial area that exceeded current bylaw limitations.
The board’s consideration of the Zero Point Street application centered on the historical context of the property, originally subdivided by the current owner’s family around 20 years ago. This raised significant questions about the potential self-created hardship in seeking a variance. A board member referenced the precedent of Lamb versus the Zoning Board of Appeals in Taunton, Massachusetts, where a similar situation involved undersized lots created through subdivision. The board discussed whether the Baker family, as inheritors rather than initiators of the subdivision, should be subject to the same constraints.
The detailed examination of the case included scrutinizing zoning bylaws at the time of the original subdivision and whether the family had knowingly created a nonconforming lot. The proposed house on Zero Point Street would be set back 300 feet from the street, potentially addressing visibility concerns. The board’s discussion emphasized that most lots in the area had been undersized due to historical subdivisions before zoning regulations were enacted. Despite the lack of public opposition during the hearing, the board decided to continue the discussion in December, emphasizing the necessity of thoroughly understanding the legal implications and historical context before reaching a decision.
Another agenda item was the application concerning signage for a new building. The proposed wall sign, measuring approximately 165 square feet, was more than twice the size allowed under the existing zoning bylaws. The board debated the necessity of a variance, considering the building’s location at the back of a business park, which limited visibility and justified the larger sign for wayfinding purposes. Concerns were raised about setting a precedent for future signage applications, yet some members leaned toward approval, highlighting the outdated nature of the existing bylaws and the commercial needs of tenants.
The zoning designation of the area—whether commercial or industrial—further complicated the discussion. The property had a frontage of 421 feet, which could allow for two freestanding signs if classified as industrial. The board also reviewed the restrictions regarding sign illumination. Ultimately, a motion was approved to grant the variance for the wall sign, with the stipulation that the owner adhere to existing bylaws concerning illumination and operational hours.
The meeting also addressed an ongoing engineering peer review that remains incomplete, with unresolved scheduling issues dating back to September. It was unclear whether these delays were due to internal processes or the applicant’s slow submission of plans. Despite these uncertainties, the board approved a motion to continue discussions on the matter.
Additionally, the board considered a proposal for property at Zero Hill Street, where Dan Campbell sought variance relief for three lots created in 1967 but not officially recognized as individual parcels due to lacking parcel numbers. The plan involved combining these lots with adjacent land to increase their size for compliance with R80 zoning requirements, which mandate a minimum of 80,000 square feet per lot. The proposed adjustments would still fall short, raising questions about the historical zoning status and the implications of merging lots under common ownership.
The board’s examination included the historical context of the lots’ creation before the adoption of current zoning bylaws in 1974, complicating their status. The board reiterated the need for detailed information from the applicant regarding the ownership timeline and the nature of the lots.
Michael Yunits
Zoning Board Officials:
Thomas R. Noel, James Tenore, Brian Spangler, Lukasz Wasiak, Bryan Carmichael (Administrative Assistant)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
11/20/2024
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Recording Published:
11/22/2024
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Duration:
84 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Bristol County
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Towns:
Norton
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