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Clinton Zoning Board of Appeals grants conditional area variance for 12-unit development on Clinton Corners Road
Summary
The Town of Clinton Zoning Board of Appeals approved a conditional area variance allowing a reduction in the required usable open space from roughly 28 acres to about 4–4.8 acres for a proposed 12‑unit multifamily townhouse project on a 70‑acre parcel owned by Joanne Incorporated; the approval is contingent on planning‑board sign‑off and a deed restriction protecting remaining open space.
The Town of Clinton Zoning Board of Appeals voted to grant a conditional area variance for a 70‑acre parcel on Clinton Corners Road, clearing the way for a proposed 12‑unit multifamily townhouse development owned by Joanne Incorporated.
Speaker 1 moved that the board reduce the usable and available open space required under section 2 50 62 b 10 from 28 acres (40% of the 70‑acre lot) to approximately 4 acres; Speaker 4 seconded the motion. The board discussed the request and related conditions and then recorded affirmative votes, after which Speaker 4 stated, "Your conditional variance has been granted." The motion passed with multiple members voting in the affirmative.
Why it matters: Under the cited provision the code requires a minimum open‑space allocation (stated in the presentation as 40% of the gross lot area for new structures). Granting the variance reduces that requirement substantially for the proposed development and allows the applicant to designate a much smaller parcel as the usable tenant open space. The applicant told the board it intends to continue agricultural use on the remaining acreage and to secure the 28 acres as permanently protected open space by deed restriction while designating roughly 4–4.8 acres for tenant use.
What the board put on condition: Board members said all fees must be paid and that the designated open space be approved by the planning board and clearly mapped on an improved site plan before the variance takes full effect. The board noted the planning board had issued a neutral recommendation on the application. The mover argued the parcel will remain in agricultural and forest management uses, asserting that the proposed variance would not adversely affect environmental conditions while that use continues.
Vote and immediate outcome: After a second for discussion, board members vocalized their votes in favor and the chair announced that a conditional variance had been granted. The board did not record any opposing votes or abstentions in the transcript. The approval is conditional on the documented site‑plan mapping and the proposed deed restriction that ties future subdivision or development to opening the full 28 acres to residents if that occurs.
Next steps: The board directed that the planning board sign off on the mapped open space on an improved site plan and indicated the deed restriction language will be included in final property documentation. The board also approved minutes and set the next meeting for February 26.
Direct quotes from the meeting include: "Your conditional variance has been granted," announced by a board member after the vote; and board discussion referencing the code requirement that 40% of gross lot area be designated as open space for new structures. The board's action is procedural and contingent on the planning‑board sign‑off and deed restriction described above.
