Alton zoning board grants two driveway variances after debate over ambiguous ‘less than 3’ wording

ALTON TOWN — The Alton Town Zoning Board of Adjustment on Feb. 5 approved two variances that change how driveways may be used on private property, after extended discussion about an ambiguous definition in the town zoning ordinance and possible emergency-access implications.

The board granted a variance for case Z26-03 (Prospect Mountain Survey), allowing a shared driveway to serve three separate dwelling units on Bay Hill Road. Paul Zusko, the applicants’ land surveyor, told the board the new lot would use roughly 100 feet of an existing shared driveway and that the Selectmen had already approved the shared access for the lots. Speaker 3 read aloud the ordinance language that gave the board pause: "Any path of that access serving less than 3 dwelling units." Several members said the phrasing could be read in different ways and that pursuing a variance was a prudent approach.

Why it matters: The wording in the town’s definition — whether it means "fewer than three" or "three or fewer" — has practical consequences. Board members raised concerns about whether allowing three lots might effectively turn a driveway into a private road, trigger requirements for road naming or signage, and affect emergency response routing and addressing. The planner’s review had noted a possible need for a road sign; the board asked that department heads, including fire officials, weigh in on any operational or 911-addressing concerns.

On the record: Zusko described the physical layout and traffic impacts, saying the shared driveway already served two homes and the new lot's 100-foot connection would funnel traffic into that lot rather than create a separate curb cut on Bay Hill Road. The board reviewed the five statutory variance criteria on the worksheet and reached consensus that the variance would not be contrary to the public interest, was in harmony with the ordinance intent and master plan, would not diminish surrounding property values and that unnecessary hardship existed given the specific lot conditions. Speaker 5 moved to grant the variance; the motion was seconded and approved by voice vote.

The board also approved case Z26-04, an application for William and Jill Duca concerning a driveway access point that does not lie on the parcel’s legal frontage (Marriott Drive / Jewett Farm Road area). One member recused themself from Z26-04 due to a relationship with the applicant. Board members said the request "cleans up" deed and boundary issues, noted existing covenants that grant access, and concluded the variance met ordinance criteria. Speaker 1 moved to grant Z26-04; after discussion the motion was seconded and the board approved it by voice vote.

At a glance: The two actions taken by the board during the meeting were (1) granting Z26-03, a variance to permit a shared driveway to serve three dwelling units on Bay Hill Road, and (2) granting Z26-04, a variance permitting driveway access other than legal frontage for a Duca parcel on Marriott Drive. Both motions passed by voice vote; no members of the public testified for or against either variance.

Other business: During review of the minutes from Jan. 8, board members said the draft mischaracterized prior discussion about on-site equipment maintenance. Several members asked that the record be clarified to reflect that limited maintenance inside a building — such as oil changes, changing belts or hoses and minor repairs — was intended to be allowed, while larger repairs or outdoor fluid changes were not. The board agreed to have the member who raised the concern draft corrected wording and to defer formal approval of the minutes until the matter is amended and re-reviewed at the next meeting in March.

What’s next: The board directed staff to accept clarified minute language for redrafting and requested that department heads (including fire/EMS) be asked to comment on any operational or addressing implications related to shared-driveway uses. The meeting adjourned following unanimous voice approval.