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Gardner ZBA grants frontage variance for Park Street lot, citing neighborhood context
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Summary
The Zoning Board granted a variance to allow a single‑family dwelling on a Stewart/ Park Street lot with 82.65 feet of frontage where 100 feet is required, after attorney Jason Panos argued the deficiency predates the applicant and the proposal otherwise complies with zoning.
The Gardner City Zoning Board of Appeals voted April 22 to grant a frontage variance to allow construction of a single‑family dwelling on a vacant lot created by a prior ANR split at 262 Park Street/Stewart Street.
Attorney Jason Panos, representing trustee John Harrison, told the board the lot (Lot 2) has 82.65 feet of frontage where 100 feet is required by the zoning ordinance, but otherwise meets dimensional requirements (front setback 35 ft proposed, side 17 ft proposed, rear ~97 ft proposed) and lot‑coverage limits. Panos said the frontage deficiency was created when the property was split in 2019 and therefore was not a self‑imposed hardship. “If a zoning enforcement officer writes a letter that says you can build on a piece of property, you should be able to rely on that letter,” Panos told the board, arguing the applicant had relied on earlier determinations when purchasing and rehabbing the adjacent house.
Board members asked for historical clarification about when the lots were split and confirmed the proposed dwelling otherwise complies with dimensional and open‑space requirements. A member moved and a second was made; the board approved the variance with no recorded opposition.
The board noted the decision will allow the vacant lot to become an occupied, taxable parcel rather than remain unused. The attorney said the applicant expects to proceed to build a house consistent with the approved dimensional setbacks.
No abutters spoke in opposition during the hearing, and the board closed the item after the vote.
