Board OKs blanket setback variance for 56‑lot Hidden Trails subdivision over public objections

The Wareham Zoning Board of Appeals voted June 10 to grant a blanket dimensional variance allowing the Hidden Trails subdivision to place homes closer to the street than current zoning requires.

Applicant Brad Bertollo of JC Engineering told the board the 56‑lot cluster subdivision on 153 acres preserves about 75% of the property as open space and that a reduced setback is necessary because previous changes to the town’s zoning created a practical hardship for lots designed under the older rules. "We were limited somewhat by the conditions of the lot," Bertollo said, arguing that smaller front setbacks make future improvements and livability easier for homeowners.

Opponents disputed that hardship. Attorney for an abutting landowner said the discrepancy with the bylaw existed when the project went to the planning board and that the current request represents a self‑created problem. "Safety in the streets is not a basis for granting a variance," counsel Julie Barry told the board and asked that the request be denied for lack of evidence of the required hardship.

Board members debated multiple setback options during deliberations, with several members saying 20 ft was too close and expressing support for 30–40 ft front setbacks and 10 ft sides. After closing public comment the board voted to grant relief to set front setbacks at 30 ft with 10 ft side and rear setbacks for all 56 lots. The motion carried 4–1, with one member voting no.

Annie Hayes, a neighbor who testified at length, urged the board to consider environmental impacts and possible conflicts of interest around the town’s ongoing bylaw review. Ms. Hayes noted changes at the planning board level and told members she remained concerned about the scale of the development and its effect on wildlife and traffic.

The board recorded the variance and instructed staff and counsel to include standard conditions as part of the decision. The planning board and subsequent permitting processes will still apply for final site work and house placement.

What happens next: The applicant may proceed under the revised setback allowances but must meet any planning board conditions and other permit requirements; neighbors may pursue an appeal if they believe statutory criteria for a variance were not met.