In a move reflecting the Town’s recent pivot toward stricter zoning oversight, Hearing Officer Virginia Donahghue King granted relief for two residential projects that were triggered by a newly aggressive stance on the intensification of non-conforming lots. Presiding over a single-member Zoning Board of Appeals hearing, King authorized a 597-square-foot attic expansion at 145 Audubon Road and a pre-existing rear deck at 124 Wood Street, despite both projects having been initially denied by the Building Inspector.

The first application concerned a 1918 home on a non-conforming corner lot at Audubon Road and Catherine Road. Attorney Marian McCrech, representing owners Christopher Shannon and Kelly Larson, explained that the family required additional bedroom and bathroom space for their growing children. The proposed renovation includes two dormers and an attic expansion that exceeds the allowable two-thirds of the second-floor area by 118 square feet. McCrech noted that this family's two children have grown older... they require more space, better bedroom space, more bathroom capacity, adding that the architect designed the addition to be aesthetically consistent with the original structure.

Applicant Christopher Larson testified that the expansion is intended for family use and being able to host guests and the in-laws. King observed that the request was legally necessary only because the Building Commissioner has recently signaled a stricter enforcement policy regarding pre-existing non-conformities. Analyzing the floor-area ratio, King remarked, It occurs to me that you could expand the second floor to have that basis as a starting point... This is a de minimis ask here. Despite the technical violation of height and area restrictions, King cited overwhelming neighborhood support—including letters from six nearby residents—as a deciding factor in the relief.

Motion Made by V. King to grant the special permit for 145 Audubon Road. Motion Passed (1-0)

The hearing then shifted to 124 Wood Street, where applicants Megan O'Hara and Brandon Donovan sought a special permit for an 11.5-foot by 12.2-foot rear deck. Attorney Ned Corkran explained that the deck had already been constructed during a previous renovation without the owners realizing it required separate setback relief. The structure sits 11.4 feet from the rear property line, falling short of the required 20-foot buffer. Corkran noted that the building department discovered that the deck had been built without the relief that was required during a final inspection of other permitted work.

King noted that the deck is unusually low to the ground, which mitigated privacy concerns for the neighbors. This is an unusual deck. It's very low. Typically, decks are high. That activity can get over fences and gets loud, King said. I'm really looking at the modest height of this and how it kind of blends into the yard very naturally. Seven letters of support from the surrounding neighborhood further bolstered the application, leading King to conclude that the encroachment would not create a detriment to the area.

Motion Made by V. King to grant the special permit for 124 Wood Street. Motion Passed (1-0)