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Milton planning commission advises no on rezoning

Council to debate report in June
April 25, 2019

Milton Planning and Zoning Commission has recommended town council deny a rezoning request by a property owner seeking to build a duplex on Hazzard Street.

Paulina Owedek, 406 Hazzard St., wants to rezone her 11,000-square-foot property from R-1 to R-2 residential. The case first came to council, who sent the matter to planning and zoning for an advisory opinion.

The R-2 district allows semi-detached residential dwellings. Owedek said at the commission’s April 16 meeting that her plan was to subdivide the property and build two homes connected by a common wall on the two lots. To do so,  she would need to rezone the property before she could divide the lot, Project Coordinator John Collier said. All the properties surrounding Owedek’s parcel are zoned R-1.

At the April 16 commission meeting, Owedek said the property was an investment, and her plan was to sell it once the duplex was built.

Chairman Richard Trask said if the rezoning is approved, Owedek’s property would be the only R-2 in a sea of R-1. Trask said he feared a rezoning would set a precedent and that other property owners would come forward looking to do something similar.

Commission member Donald Mazzeo said the rezoning would be simply for the applicant’s financial gain, and that she could easily and legally build a single-family home on the property.

The commission was also concerned with the dimensions of the new structure. In an R-2 district, the town allows a height limit of 40 feet or up to three stories, while in an R-1 zone, the limit is 30 feet.

Given Owedek’s stated intention to sell the property, commissioners were concerned a new owner would immediately build up to 40 feet or three stories to maximize property value.

The commission spelled out its concerns for its advisory report, which will be drafted by Town Solicitor Seth Thompson and delivered to council for consideration at their June meeting. Council could either agree with the report and deny the rezoning, or it could overrule the report and vote in favor. Overruling the report would require a supermajority vote.

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