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Board advises resident on whether 10,000‑sq.‑ft. back lot can be developed under new state law
Summary
Residents asked whether a 10,000-square-foot lot at Harris Pond Road and Champlain Avenue can be built upon. The board said the lot is not in the village overlay, that assessors and zoning are separate, and that a recent state law change may allow some commonly owned lots (>=10,000 sq. ft. and >=75 ft frontage) to be 'unmerged' and buildable under certain size and bedroom limits; staff will supply statutory citations and guidance.
A resident asked the Planning Board whether a 10,000-square-foot back lot on Harris Pond Road at Champlain Avenue could be sold and developed. Board members confirmed the parcel does not fall within the village overlay and said the applicant should provide buyer/contact information so the board can supply statutory references and a clear procedural path.
Gino explained that under previous practice, lots in common ownership often merged for zoning purposes and could not be separated; however, a recent state law change (discussed in the meeting) allows commonly owned lots of at least 10,000 square feet with at least 75 feet of frontage to be unmerged and become buildable again under certain conditions, including maximum dwelling size and bedroom limits. Gino said the new law includes size and bedroom limits and that assessors' tax practice is separate from zoning determinations. The board asked the resident to have a buyer provide paperwork and said staff will send the statutory citation and guidance to the resident and the town assessor.
The board also answered a related question about moving a 10-by-16 shed: structures under 200 square feet generally do not require a building permit, but setbacks and leach-field restrictions may apply, and a variance might be needed if the new location conflicts with setbacks.
Next steps: Gino and planning staff will provide the resident with relevant state-law citations and procedural guidance for the assessor and permitting path.
