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Applicants withdraw easement request after board finds private easement and DOT review likely sufficient
Summary
A request for a special exception to establish an easement for a landlocked lot was withdrawn after board members questioned whether the ordinance required ZBA action; the board advised applicants to create a private easement and secure DOT curb-cut approval if necessary.
Applicants seeking an easement to access a landlocked parcel withdrew their special-exception application (Z26-11) after extended discussion about how the town ordinance treats nonconforming lots and whether a special exception was the correct process.
Attorney and agent Crystal Eastman explained that section 3 20 f of the town zoning ordinance allows a single-family residence to be erected on a legally existing lot that is nonconforming due to inadequate frontage provided other ordinance requirements and state/local permits are obtained. The board debated the language and several members said the ordinance appears to permit a single-family home on a nonconforming lot (so long as setbacks and other requirements are met) and that an easement between owners could be created without board action. One board member noted that if the lot were to be developed, the state DOT might need to approve a curb cut for additional traffic.
After discussion, the applicant asked to withdraw the application; the board accepted the withdrawal and advised the applicants to obtain the necessary easement documentation and DOT approvals if they intend to proceed.
