The Zoning Board of Appeals met on April 16 to deliberate on a special permit application for 27 Brook Hill Road, where homeowners Jill and Kevin Robinson are seeking to construct an 8-foot by 31-foot rear deck. Represented by Attorney Marian McCrech, the applicants are navigating a property landscape that sits within a Residence C zoning district, a designation that has recently seen tighter enforcement regarding the intensification of non-conforming structures.

The project arrived before the board following a building permit denial triggered by significant setback non-conformities. The proposed deck design would leave a rear yard setback of only 18.8 feet, failing to meet the required 30-foot threshold. Additionally, the structure would stand 5.2 feet from the side lot line, roughly half of the 10-foot distance mandated by town bylaws. These tight margins require the board to determine if the expansion constitutes a detriment to the neighborhood or a reasonable improvement to a pre-existing non-conforming lot.

Chair Kathleen O'Donnell opened the hearing by framing the evening’s agenda, stating, We have two hearings tonight. The first is from Jill and the Robinsons regarding their Brook Hill property. While the board typically employs a triage system for such applications, the presence of Member Theodore Daiber and Member Jeff Mullen ensured a full review of the site’s specific constraints. Daiber often relies on his knowledge of local neighborhood character to evaluate whether such decks create privacy or noise concerns for immediate neighbors.

The hearing also drew interest from local abutters, including Kevin Blow of 31 Brook Hill Road and Mary Sweeney of 42 Central Avenue. The board’s evaluation of such residential permits often hinges on neighbor testimony, particularly in cases involving elevated decks that might overlook adjacent yards. This focus on neighbor impact mirrors the board’s previous "de minimis" rulings, where projects that mimic the low profile of a patio or maintain aesthetic harmony are more likely to gain approval.

Beyond the Brook Hill application, the board was prepared to hear a separate request from Jennifer Anne McGhertie regarding 42 Central Avenue. As the board continues to address a significant backlog of meeting minutes and transitions to electronic signatures through DocuSign, these residential hearings remain a primary focus for the town’s land-use officials. The Robinsons' application represents the ongoing influx of residential relief requests currently being channeled to the board due to the Building Commissioner's strict stance on property expansions.