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Crosby family asks Dartmouth ZBA to split historic lot so daughter can secure mortgage
Summary
Attorney John Williams told the Dartmouth Zoning Board that two houses on one long-held parcel at 484 Russells Mills Road should be subdivided so the Crosbys' daughter can obtain a construction mortgage; board accepted conditions and continued the matter to Aug. 13 for a draft decision.
Attorney John Williams told the Dartmouth Zoning Board of Appeals on July 30 that the owners of 484 Russells Mills Road want to subdivide a single lot containing two preexisting houses so their daughter can obtain a mortgage and renovate the 1965 structure.
"484 was constructed in 1780," Williams said, describing the older dwelling; he also said the second dwelling — built in 1965 and referred to in town records — has been treated as a residence since its construction. Williams argued that prior plans were submitted to the building department and cited Sitco v. Planning Board of Braintree in support of the view that an existing structure built before subdivision controls may be treated as a legally nonconforming use for certain review purposes. He told the board the family is prepared to address town concerns, including tying the older house to town water and sewer if the board conditions approval on that work.
The chair read a denial from the building inspector that the proposed subdivision did not comply with Dartmouth zoning bylaw section 3.75-8.4 for lot area, frontage and setbacks; Board of Health staff recommended requiring connection to municipal sewer as a condition if the board were to grant relief. Conservation staff also told the board both proposed parcels contain wetlands and 100-foot buffer zones not shown on the submitted plan. The Crosbys' representatives said they have priced sewer and water tie-in work and are willing to accommodate such a condition.
Jacqueline Crosby and her husband, Richard Crosby, spoke in favor of the split. Jacqueline described historic garages and existing access that she said would serve the divided parcels; Richard confirmed the 1965 house includes an attached garage and a drive-in basement. The board asked counsel for a proposed draft decision addressing the four-pronged variance test and agreed to continue the public hearing and deliberation to August 13, 2026, to allow time to prepare findings and conditions.
Next steps: the board continued ZAV26-5 to the Aug. 13 meeting and asked the applicant's attorney to provide a draft decision template and any clarifying plan details requested by town departments.
