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Planning Board says ZBA should decide undersized‑lot variances; moves to send response
Summary
The board discussed an unusual request for its opinion on an undersized‑lot variance and reiterated that the Zoning Board of Appeals is the proper body to decide such variances; the board prepared a response and moved to send it to the ZBA (transcript does not record a roll‑call vote count).
Board members discussed an unconventional request from the zoning enforcement attorney asking the Planning Board to weigh in on whether a five‑and‑a‑half‑acre lot should be subdivided into two smaller lots. Several members, citing legal roles and long experience, told the board that decisions on variances for undersized lots are within the Zoning Board of Appeals’ jurisdiction and that the Planning Board should not preempt the ZBA.
"This has never happened before," one board member said, adding that in their 20 years on the board they had not been asked for such an opinion. "The ZBA is the only one that can grant gran[t] for an undersized lot," the member said, and the board noted that a Planning Board opinion could improperly influence a legal decision. The board said its counsel advised staying within the Planning Board's statutory lane.
Board staff reported that Melissa had prepared a draft response letter to the ZBA. A board member moved that the Planning Board send its response to the ZBA regarding the proposed subdivision; the transcript records discussion about abstentions and members expressing opposition but does not include a formal roll‑call or tally. The motion was placed for action and staff said they would proceed to send the board's response.
