Board of Zoning Appeals tables Parker setback variance pending neighbor confirmation

The Essex County Board of Zoning Appeals voted to table variance application V260003 filed by Charles Parker after members expressed concern that adjacent property owners may not have received timely notice. The board instructed the zoning administrator and staff to contact the two neighbors directly and return with an affirmative, not merely passive, confirmation within 30 days before taking a final vote.

Staff introduced the request as relief from a 30-foot side setback to allow a 5-foot setback on the parcel, which staff said is constrained by an existing septic system, overhead utilities and a small lot size created in June 2022. The zoning administrator told the board that “to date there has been no comments for or against the project,” and noted the parcel is in an A1 agricultural-preservation district and measures about 1.06 acres.

Board members questioned whether the septic predates the current ordinance and confirmed the county’s ordinance was adopted Oct. 11, 2022 (effective Nov. 10, 2022). One member said that timing meant the septic “predates the new ordinance,” which is relevant to the hardship analysis for variances. The applicant, Charles Parker, acknowledged he had attempted a courtesy contact with neighbors but had not realized a formal recorded affirmation would be helpful: “I did have the thought to send a letter to the owner of my neighbor's property and essentially, you know, do what you guys are saying should be done… I think that would have been plenty of time for them to maybe reply.”

Several board members urged caution because two adjacent owners—identified in the hearing as Annie May Blackman and Amos Jones—may not have received mailed notice in time. Members cited slower postal delivery and recent statutory changes that sometimes reduce the weight of adjacent‑owner notice. The board concluded that tabling the matter for one month, with staff making direct phone or verbal outreach in addition to mailed notice, was the safer route. Ed Hail made the motion to table; the motion passed. The zoning administrator said staff would attempt phone contact and report back at the next meeting.

The board did not take a final vote on the variance; the item will return after staff reports on active outreach to the adjacent owners.