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Safety Risk Could be Hardship Under Variance Standard

Safety Risk Could be Hardship Under Variance Standard

Safety Risk Could be Hardship Under Variance Standard

FURLONG vs. ZONING BOARD OF APPEALS OF SALEM

 

In Furlong, the applicant for a zoning variance in order “to place the proposed building at the edge of the property in order to provide adequate room for the safe operation of the travel lift, and to reduce the noise and fumes generated by the boat repairs presently occurring in the [current structure]. As part of the building plan, the width of the entrance to the marina . . . be widened, which would provide better access, including for emergency vehicles.”ls

 

The Appeals Court found that a safety risk inherent in strict compliance with the zoning restrictions could, and in this case did constitute a substantial hardship under the requirements for a zoning variance.

 

The Appeals Court affirmed a Superior Court judge’s finding “that if the zoning ordinance were strictly applied, one alternative would result in a safety hazard to persons using [an] excessively steep ramp, while the other would result in an economic loss due to interference with the configuration of the building.”

 

Released:
December 12, 2016 at 10:26AM