Fox Grape Lane Driveway Easement Modification

At a glance

Based on auto-generated captions; names and details may be misheard.

  • What: a request to treat as "insubstantial" a change to the site plan of a 40B comprehensive permit that would release a driveway and parking easement on one lot that benefits its neighbor.
  • Where it stands: the applicant agreed to withdraw without prejudice on 2026-10-15; the board made no finding.
  • Next: the applicant may resubmit with clearer plans and the neighbor's position.

The request

  • Non-public-hearing item; Attorney Richard Glidden spoke for the applicant. The neighbor had earlier obtained an insubstantial modification to put a pool where its parking was and moved parking elsewhere on its lot; the applicant now wants the leftover easement (two areas, A and B) released.
  • Easements were shown on the approved plan and not as separate written documents; a separate common access easement for Fox Grape Lane stays.

Main concerns

  • No notice goes to abutters or the neighbor for an insubstantial modification, and members feared the neighbor would lose its walkway, stepping stones, porch access and access to pool equipment without knowing.
  • Staff said the board has 20 days to find the change substantial or insubstantial or it is approved by default; a "substantial" finding would reopen the comprehensive permit, with hearings, notice across the development and possibly a long review.
  • Members floated conditions such as a pedestrian easement for the neighbor and a signed acknowledgment from the neighbor, and asked for a plan showing exactly where the common access ends.

Decisions

  • Instead of ruling, the applicant agreed to withdraw without prejudice and may resubmit; members supported that by voice vote.

Sources

Discussion time

About 50 minutes across 1 meeting (from transcript timestamps; approximate).

Meeting Minutes
2026-10-15 - Zoning Board of Appeals 50

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