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ZBA grants Foster variance to place house closer to road to avoid wetlands intrusion
Summary
Donald Foster received a variance reducing the front‑yard setback on Talcott Avenue to allow a house sited about 30 feet 6 inches from the property line, a move the board said helps avoid impacts to nearby wetlands.
The Gardner Zoning Board on June 17 granted Donald Foster a variance to reduce the front‑yard setback on a site on Talcott Avenue so he could build a single‑family house positioned closer to the road than the industrial zoning standard would allow. The board approved a reduced front setback of 30 feet 6 inches to allow the home to stay farther from mapped wetlands at the rear of the lot.
Foster told the board the property sits in an area that was zoned Industrial 2, which requires a 40‑foot frontage setback, but that when he sought and received a use variance to build a residence he expected the residential standard (30 feet) to apply. He said the proposed house location at about 31.2 feet from the lot line was already staked and that pushing the structure to a full 40‑foot setback would bring the building closer to wetlands and likely trigger a Notice of Intent (NOI) rather than the Request for Determination of Applicability (RDA) already approved by the Conservation Commission.
City Conservation Agent Justin Enroyd confirmed the Conservation Commission had initially issued a determination based on earlier measurements but warned the footprint as now shown could be close enough to trigger a permit requirement under the Wetlands Protection Act if a detailed delineation shows the wetland is larger than mapped.
Why it matters: the board said granting the reduced setback helps avoid potential wetland impacts by keeping the house farther from buffer areas and keeps the residence in line with the neighborhood’s varied setbacks. The board discussed and the applicant agreed the house would be set at the position surveyed and staked on site.
Motion and outcome: a board member moved to grant a front‑yard setback variance to 30 feet 6 inches (the board discussed and settled on this dimension during deliberations) citing the lot shape, existing wetland constraints and harmony with surrounding properties; the motion was seconded and approved without recorded opposition.
Next steps: the board advised Foster to follow up on approvals with the Conservation Commission and to record the ZBA decision as required; the applicant was reminded of the normal 14‑day drafting period and that decisions may be appealed per statute.
