Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Permits topic
No spam. Unsubscribe anytime.
Hampton planning board approves special permit for substandard‑frontage lot on South Road
Summary
The Hampton Planning Board approved a special permit allowing a substandard‑frontage lot on South Road to be treated as a building lot, subject to conservation restrictions and later permitting steps including a stormwater permit and Conservation Commission review.
HAMPTON, Mass. — The Hampton Planning Board on Aug. 27 approved a special permit allowing a substandard‑frontage lot on South Road to be treated as a building lot for the parcel owned by Sherry Hemmelstein and Kenneth Bernstein. The decision clears the way for potential future sale and building-permit applications but leaves technical approvals for later stages.
The permit matters because the lot does not meet standard frontage requirements under the town zoning bylaws and the approval makes the parcel eligible for building review while preserving a large conservation restriction that limits where development may occur.
The board discussed the parcel’s configuration and development constraints before voting. The lot has a 60‑foot frontage and an approximately 215‑foot depth in the access strip; the board recorded an available building envelope of roughly eight acres that is not subject to the conservation restriction. The plan shows 100‑foot setback lines and notes that the majority of the parcel remains under a conservation restriction recorded in the deed.
Madison Hicksley, chair of the Hampton Planning Board, summarized departmental reviews before the vote: the town clerk reported no outstanding taxes; the board of health had “no objection to issuance of [the] special permit at this time,” and Police Chief Scott Grama “reported he has no concerns.” The board also noted that any future development will be subject to Title 5 requirements (310 CMR 15) and applicable construction standards (310 CMR 22), and that the Conservation Commission requires the potential buyer to meet with it before work begins.
On the lot’s conservation status, Hicksley said, “It’s in perpetuity. It will take an act of the Massachusetts state legislature to undo it.” Board members clarified that while the unrestricted area that defines the building envelope is about eight acres, land placed into a conservation restriction cannot be counted toward the acreage needed to make additional buildable lots.
The board discussed site access and utilities. The driveway is planned within the 60‑foot access strip; board members said driveway design and drainage must be addressed before a building permit will be issued. The applicant was told a stormwater permit will be required before driveway construction and that driveway setbacks will need to meet local dimensional rules. The board also noted that some minor stone wall work at the frontage had already been done to create a narrow walkway from the street.
A motion to approve the application submitted by Sherry Hemmelstein (parcel ID 08‑020‑001) passed by an affirmative voice vote. The board chair said the written decision must be prepared within 14 days and will be mailed when filed.
The approval does not authorize construction; it only grants the special permit under section 7.2 0.4 of the Hampton zoning bylaws. Any future building will require separate reviews — including a building permit, stormwater review and any Conservation Commission approvals — before on‑site work may begin.
Notes: The board recorded that Department of Public Health and Code references (310 CMR 15 and 22) apply at the time of building permit review. The Conservation Commission review may include a Department of Environmental Protection (DEP) file number if that body determines state review is required.
