Need to stop a Variance hardship

[mamasalvo]

What is the name of your state? Massachusetts
We are abutters to a builder trying to put up a house on a lot that has been grandfathered under current conservation laws. Local Conserv. commission denied but State DEP upheld for a house to be built within 10 ft. of a top of bank mapped perennial stream. However the house will not even have room for a proper yard, and there will be no policing future impact on these wetlands. Now, the builder has been denied a permit based on our local zoning laws which require 90% dry lot. They are 8000 Sq ft short, and are totally disturbing 9500 sq ft of wetlands. The builder's engineer is arguing the findings of our town building inspector and already threatening a section 8 state appeal. We are a poor time with extremely limited resources to fight a builder with deep pockets and engineers well versed in the laws favoring them. Hearing is in a week, and builder is asking for an extreme hardship variance. Looking for any suggestions on questions, issues to present to drive a denial. So far, All I've got beside numerous conservation issues( where we already lost) is" Enforce the law". Thanx

 

[HomeGuru]

Investigate more.
Only certain wetlands can be disturbed. Contact EPA, Corps of Engineers, FEMA etc. Find a rare spotted endangered snail that only lives in those wetlands.

 

[mamasalvo]

Did all of that via the conservation process and we won at the town but lost at the state appeal. Even have documented vernal pool & spotted turtle. They will be digging up skunk cabbage to put in this house. Can I reintroduce all of these conservation issues with the zoning board. Wouldn't the builder & Engineer just keep reminding everyone that they already overcame all of that? Thanx

 

[HomeGuru]

Did you contact the Sierra Club and all your local politicians?

 

[mamasalvo]

This guy is literally planning to put a house on an island in the middle of a swamp. We did our due deligence on the wetlands issues and met & enlisted some pretty heavy hitter environmentalists but we lost in Court, due to our town not having a 25 ft set-back law- only a guideline. The department of environmental protection over turned our conservation board's denial and granted them an order to proceed. We now have a law but these guys are grandfathered. We must beat them with the zoning board who does have a 90% dry land bi-law and these guys miss that definition by 8000 sq ft. The builder sees a chance to make money and any potential buyer- well, Caveat Emptor( Let the buyer beware)...

 

[HomeGuru]

Good luck to you.