Agenda - Planning Commission - 08/04/1998

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Page 8 --July 25, 1998 Z.B. and intent behind the zoning requirement. The board denied Rydbom's application. Rydbom appealed to court, claiming the board's decision was arbitrary. He said that if the board liberally construed the zoning code in favor of property owners, he could divide the property without a variance. The court reversed the board's decision, .finding it was unreasonable. The board appealed. DECISION: Affirmed, as modified. Rydbom deserved the variance. At issue was whether the spirit and intent of the zoning requirement would be observed by granting the variance. The frontage regulation existed to provide enough room to separate potable water and sanitary systems, and the proposed 5-acre parcels wouldn't interfere with these systems. Although there could be a beneficial use of the property without the vari- ance, the evidence showed Rydbom's return on the sale of the property would be better if the variance were granted. Additionally, the variance wasn't substantial -- one lot needed just a 27-foot variance, while the other needed a 45-foot variance. The essential character of the neighborhood wouldn't change because the neighborhood would remain residential with relatively large lots. The board could, however, modify the variance Rydbom requested by specifying setbacks and the location of the water supply and sanitary systems for each parcel in a reasonable -- but not punitive m manner that would accommodate the zoning code's spirit and intent. Zoning Biweekly Bulletin 'To order Zoning Biweekly Bulletin, call (800) 229-2084, or complete and return this form to Quinlan Publishing Co,, 23 Drydock Ave,, Boston, MA 02210-2387, or fax (800) 539-8839, $99 (plus s&h) -- 1 year (24 issues) [] New subscription [] Renewal subscription ID Payment enclosed [] Bill me Name Organization Address City. Phone Email Fax State Zip