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Staff: expiration of development agreement in 2023 brought lot under stricter base zoning standards
Summary
Town staff told the BZA that a development agreement that previously provided administrative setback relief expired in December 2023, after which base zoning standards (including the 25‑foot setback applied here) took effect; that change is why the lot now requires BZA review rather than administrative relief.
A town staff or legal representative explained to the Board of Zoning Appeals that the property at 30 Grama Widgeon Lane had previously been subject to a development agreement that allowed administrative reductions in setback (a 20% relief referenced in section 13.3 of the DA). That development agreement "ran its course" in 2023, the speaker said, and subsequent zoning amendments incorporated or altered which properties retained prior allowances.
As a result, the property is now governed by the R‑1 base zoning standards rather than the former DA allowances; staff said that is why an administrative approval that might have been possible earlier is not now available and why the variance request must be considered by the BZA. The staff explanation was offered in response to board questions about whether prior approvals or an expired permit should influence the board’s evaluation of whether the applicant’s need stems from the applicant’s own actions.
