City of Methuen Master Plan

Land Use
Zoning and subdivision regulations, to a large degree, are the main tools elected and appointed officials
have in managing land development patterns,
How effectively a community’s zoning ordinance reflects its desired land use pattern can be measured,
to some degree, by looking at the number of variances that are sought and granted by the Zoning Board
of Appeals (ZBA). If variances are frequently granted for a particular request, this can reflect a
warranted zoning change. As part of this planning effort, we reviewed all Zoning Board Decisions
from August 2003 to December 2006. Analysis of approximately 250 cases reveals the following:
• Residential use account for 90% of the cases before the ZBA;
• Almost 40% of the cases brought before the ZBA are in the RD or AGCON zones;
• Nearly 23% of the cases involve a lot split request that will leave one or more lots without the
required lot area, frontage, and/or dimensional setbacks;
• The Board reviews on average 9 accessory apartment petitions each year, and has always granted
these requests;
• Overall, an applicant has close to a 90% chance of being successful before the ZBA (the most
frequently denied petitions is for a lot split, which the ZBA has denied in 30% of instances).
During the public workshops a member of the public noted that in 2000, Section X-H of the Zoning
Ordinance was amended to reflect additional direction for ZBA decisions that request lot splits:
“Provided however, that the Board of Appeals shall not grant a dimensional variance on the
basis on a hardship to any parcel in the following districts: AG/CON, RA, RB, RC, RD, or RG
where such dimensional variance is granted for the purpose of creating from that lot two or
more lots if the only existent basis for the hardship is a condition of the land which was readily
observable at or before the time of purchase by the current owner. Provided further that the
Board of Appeals shall not grant a dimensional variance, which would result in the creation of
two or more lots where the original lot is smaller in size than the current lot size requirement for
the district it is located within.”
Using the City’s Geographic Information System (GIS), a calculation of existing lot areas in Methuen’s
residential zones illustrates the context within the ZBA’s decision-making takes place: the majority of
lots in nearly every residential zone do not meet the minimum area requirements of the zone. Coupled
with the Zoning Board’s tendency to grant dimensional variances, this indicates that Methuen should
closely examine dimensional requirements in each zone and confirm whether they are in concert with
the Master Plan vision.
Commercial development in Methuen is largely regulated through the Site Plan Review provision of the
ordinance in Section X-II. In response to an application, the Community Development Board must
determine “that the proposed placement of buildings, provision of waste disposal, surface drainage and
parking areas, driveways, location of buffers and the location of intersections of driveways and streets
will constitute a suitable development and will not result in substantial detriment to the neighborhood.”
The Board has ample latitude to negotiate the terms of an appropriate site plan, but the lack of
standards or guidelines that illustrate the expectations of the Board can result in misunderstanding as to
what might be perceived as “acceptable.” The City might think about creating a set of guidelines that
will help achieve development that carries forth the Master Plan vision. These may include minimum
landscaping requirements, pedestrian-connectivity, traffic and circulation management, etc.
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