Zoning board grants multiple variances with conditions; contentious driveway lot sale split decisions

The Town of Greenberg Zoning Board of Appeals handled eight cases on Oct. 31 and issued motions, many with conditions requiring follow‑up by the building and planning departments. Below are the key outcomes and what the board required of applicants.

Chick‑fil‑A (case 2407) — hearing closed for decision only, Nov. 14: After receiving updates on intermunicipal approvals and a revised traffic management plan, the board took a nonbinding straw vote favoring grant of the application and asked staff to prepare written findings and conditions for the Nov. 14 meeting. The applicant must provide monitoring reports and meet with town police and staff 30 days before opening, and the traffic‑management triggers discussed will be conditions that run with the land.

Glenn Preiser (case 2425) — modification/conditions: The board moved to grant the application subject to beginning construction within 12 months and to conform to the parking plan dated 03/08/2017 (last revised 10/18/2024). The board required that off‑street parking be confined to the locations shown on the approved plans so that future owners cannot expand parking arbitrarily.

Gregory Leon (temporary variance for circular driveway) — conditional, renewable approval: The board approved a temporary variance to allow a circular driveway for accessibility, provided the variance expires when the applicant’s father no longer resides at the property. The permit requires annual written certification to the building inspector (by Oct. 31 each year) that the need continues; if certification is not filed, the variances will lapse and the applicant must remove the excess gravel and restore the property. The board also required the temporary surface remain gravel (not paved) during the period of the variance.

Perkins/Prestigiacomo (7 Bridal Lane / 8 Rita Lane — 2429/2430) — lot‑line sale and split decision on variances: The long‑running neighbor dispute that the parties resolved in a court stipulation came before the board as paired applications to adjust the lot line and to regularize driveway encroachments. The board agreed to allow the lot‑line shift (the sale of a small driveway triangle) and voted to grant a 0‑foot side‑yard setback variance tied to that reconfigured lot line, but denied a separate variance requesting a reduced setback (approx. 2.5 feet) on the other side of the driveway. The board conditioned its comfort with the lot‑line transfer on the parties' agreement to a screening/barrier to reduce the ongoing friction; the final screening plan will be required to the satisfaction of the Town Forestry Officer and documented in the revised plan submitted for building permits.

35 Whittier (DeVito driveway expansion, case 2428) — grant with screening condition: The board granted relief to encroach into the side‑yard setback to allow a three‑car driveway, noting neighborhood comparables and a buried gas service that precluded an alternative four‑car layout. The board required drainage mitigation (trough drain and interior sump) and requested that revised landscaping/screening be reviewed by the Town Forestry Officer to reduce visual and privacy impacts for the adjacent resident who objected.

73 Salem, 14 Roxbury, 35 Whittier and other residential cases — grants with standard timing and plan conditions: The board granted variances for rebuilds and modest additions (e.g., second‑floor bathroom additions, garage reconstruction) with the recurring condition that construction begin within 12 months, comply with the submitted plans, and that any future alterations not shown on approved plans will require new variances. Several approvals included added landscape buffering to the satisfaction of town staff.

What residents should watch: Several approvals require written findings and draft resolutions that the board said would be published after the meeting; residents and applicants can request copies from the ZBA secretary. The Chick‑fil‑A matter will return for formal action on Nov. 14; the Perkins/Prestigiacomo approvals will require finalized screening plans to avoid future disputes between neighbors.

Vote snapshot (select items): - Chick‑fil‑A (2407): hearing closed for decision only; straw vote in favor — formal action scheduled Nov. 14. - Gregory Leon: temporary variance granted with annual certification requirement and gravel‑only condition. - Perkins/Prestigiacomo (7/8 Rita Lane): lot‑line sale approved; 0‑foot setback variance granted for the relocated driveway; 2.5‑foot setback variance denied; board required negotiated screening to be included in revised plans. - DeVito (35 Whittier): variance to encroach into side yard to allow three cars granted; drainage and screening conditions applied.

All approvals were accompanied by routine conditions: obtain required agency approvals, begin construction within 12 months, and comply with plans stamped into the record. Residents may obtain the board’s written findings from the ZBA secretary once they are finalized.