The Milton Zoning Board of Appeals sent a clear message to residents regarding unpermitted structures on Thursday, unanimously denying a variance for a large metal carport at 17 Christopher Drive. The structure, erected by Ryan Nuen to protect a recently purchased RV, was built without a building permit and sat just 1.5 feet from the side property line. Board members expressed frustration over the "build first, ask later" approach, noting that the strict legal standards for a variance were not met.

Attorney Marian McKetrick, representing the applicants, explained that the RV was intended for family travel following Mrs. Nuen’s battle with cancer, stating Mrs. Nuen has been very ill, and the RV was for family trips. She noted the RV’s rubber roof required protection but admitted the structure was built too close to the lot lines. Ryan Nuen added that he was unaware a permit was required for a non-attached structure and argued that the current location was actually further from the neighbor's house than where he previously parked the vehicle. I'm here to correct the mistake, Nuen said, offering to reduce the structure's size and install screening.

However, the project faced sharp opposition from Kathleen Jenkins, representing her 92-year-old father, John Kenny, who lives at 23 Christopher Drive. Everything could have been avoided if a permit was pulled, Jenkins said, describing the structure as an eyesore that would damage property values. People won't even come in to look at the house because of that structure.

Board members found little room for compromise under state zoning laws. One associate member noted, The variance standards are very difficult to meet. This is a financial hardship of the applicant's own creation, and we can't encourage people to ask for forgiveness instead of permission. Member Nicholas Gray agreed, stating Granting variances requires a finding relating to soil conditions, shape, or topography. We haven't heard any evidence of that. Chair Kathleen O'Donnell concluded that the board lacked justification for the request, noting I'm having a hard time finding justification that it's not a derogation of the bylaw. Motion Made by N. Gray to deny the application because it doesn't meet the standard for a variance under Chapter 40A, Section 10. Motion Passed 3-0-0

In a separate matter, the board was more amenable to a request at 109 Smith Road, where Steven Gillings sought a special permit to construct a multi-story addition to his non-conforming single-family home. Gillings intends to expand the home for multi-generational living, including space for his three sons and his mother. My new proposal sets the addition back one foot from either side to make it 10 feet 6 inches to comply with zoning law, Gillings explained, noting the existing home was slightly over the 10-foot setback requirement.

The project received support from immediate abutter Glenn Pavichek, though he voiced concerns regarding the height of the new walls. If you start building up those one-story additions, you're looking at 30-foot walls less than 20 feet apart, Pavichek said. During the hearing, it was revealed that Gillings had already begun gutting the home under a demolition permit, prompting Chair O'Donnell to remark, Well, that's not good, though she ultimately supported the expansion. I appreciate the input from Mr. Pavichek about the height, but I don't have any real reason not to approve this, O'Donnell said, citing the need for usable family space.

Nicholas Gray noted that the addition itself has been corrected so it's complying at 10 feet back, while the associate member added, The addition is going to be in compliance with the bylaw. It's a tight lot, but I don't really have any issues with it. Motion Made by N. Gray to approve the special permit subject to the usual requirement that it be in substantial compliance with the material submitted to the board. Motion Passed 3-0-0