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Zoning board says use, setback and hardship tests not met in Turnpike Road variance
Summary
Board members said the application would make a nonconforming 0.39-acre lot further nonconforming, does not meet the ordinance's intent, and fails to show unnecessary hardship — key reasons cited in the denial of Nicholas Cormier's variance request.
During deliberations the New Ipswich Zoning Board reviewed each of the five variance criteria and found multiple shortcomings in the applicant’s submission.
Board member David Lynch led discussion, saying the town’s ordinance explicitly excludes refuse-transfer or similar commercial uses from the relevant districts and that the application did not show how the public interest would be served. Members repeatedly questioned how required setbacks could be satisfied given disputed boundary lines and evidence of prior driveway widening.
Several members suggested the lot’s preexisting condition — a nonconforming parcel with multiple dwelling units on less than 0.5 acres — made it unsuitable for the proposed refuse/vehicle storage, and that approval could set a precedent allowing incremental commercialization of residential lots. A motion to deny on those grounds carried in open session.
