Zoning board grants lot‑size variance to allow 1.6‑acre lot at 28 Elm Street despite upland shortfall

The Town of Norton Zoning Board of Appeals voted to grant a variance allowing the subdivision of a 6.5‑acre parcel at 28 Elm Street into a proposed ~1.6‑acre lot and an approximately 5‑acre lot, despite the proposed new lot falling short of the zone's 60,000 square‑foot contiguous upland requirement.

Applicant John Robbes told the board he sought to create one additional single‑family residential lot; he said the proposed lot meets frontage requirements but wetlands bisect the parcel and reduce the amount of dry upland available for development. Board staff (Mr. Bailey) explained the zoning rule requiring 60,000 square feet of upland for a new lot; the proposed new lot contains approximately 43,482 square feet of contiguous upland. The board noted a chart from Rim Engineering that mislabelled the upland versus wetland numbers and agreed the correct contiguous upland figure is 43,482 square feet.

Members debated whether the applicant had 'created the hardship' and discussed precedent. Supporters from the neighborhood spoke in favor; two in‑room neighbors said they had no objections. After discussion, the board moved, seconded and voted (Mr. Tenori, Mr. Ferguson, Mr. Noel) to grant a lot‑size variance for proposed Lot 1 as shown on the plan of record, reserving that the applicant still must secure required clearances from the planning board and the conservation commission regarding wetland buffers and any building within those buffers.

The chair asked the clerk to draft and file the decision; the board noted the standard 20‑day appeal period will apply once the decision is filed with the town clerk.