Case # 1392-2010 Date: December 6, 2010
Name: Benjamin Boi
Location: 354 Cook Lane
DECISION
Denial
Zoning Board of Appeal
The Zoning Board of Appeals, acting under the Marlborough Zoning Ordinance and Mass. General Laws, Chapter 40A, Section 16, as amended, and after a public meeting held on November 30, 2010, the Board voted 5-0 to deny the below petition.
Members Present: John Sahagian-Acting Chairman, Paul Giunta, Lynn Faust, Robert Page and Mitchell Gorka.
Petition: The applicant proposes to widen the existing 23 ft. wide driveway to 37 ft. wide. The City of Marlborough General Code references Chapter 650, Section 49(B)(7) allows a maximum curb opening of 25 ft. The property is located in Zoning District A-3, being Map 83, Parcel 129 of the Assessor’s Maps. Also known as 354 Cook Lane.
Plan: Plan submitted is hand drawn onto a city’s GIS map.
Decision: After due consideration to the subject matter of the petition, the Board voted to (DENY) the variance request on the grounds that no substantial hardship was shown and that further to grant this petition would substantially derogate from the intent or purpose of the Zoning Ordinance. The applicant has an option to expand his existing driveway without widening his existing curb opening and still utilize his existing curb opening, thus not needing a variance from the Zoning Board of Appeals. Therefore, the Board voted 5-0 to Deny the variance request.
If a variance is granted: If the rights authorized by a variance are not exercised within one (1) year of the date of grant of such variance such rights shall lapse; provided however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one (1) year period. If the permit granting authority does not grant such extension within thirty (30) days of the date of application therefore, and upon the expiration of the original one (1) year period, such rights may be re-established only after a new
hearing pursuant to the provisions of this section (G.L.c.40A,s.10)
Any person aggrieved by a decision of the Board of Appeals may appeal to the court in which the land concerned is situated and bring an action within twenty (20) days after the decision has been filed in the Office of the City Clerk.
John Sahagian – Acting Chairman
Submitted to the City Clerks Office on December 6, 2010.
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