Missing Basement and Attic Calculations Stall 109 Smith Road Home Expansion
Key Points
- Zoning Board of Appeals deferred a decision on 109 Smith Road due to missing height and floor-area calculations
- Applicant Stefan Gillings seeks to expand a non-conforming Residence C home for multi-generational living
- Board requires verification that the basement does not count as a first story under town grade requirements
- Proposed attic must meet a two-thirds square footage ratio to avoid seeking an additional variance
- Hearing was continued to January 12 to accommodate the applicant's construction timeline and appeal period
A planned expansion at 109 Smith Road remains in limbo after the Zoning Board of Appeals determined on Monday that critical architectural calculations were missing from the project’s file. Applicant Stefan Gillings, who is seeking a special permit to construct a two-story addition and raise the roof of his Residence C home, found his plans paused as board members sought clarity on whether the home’s basement legally constitutes a first floor under town bylaws.
The project involves a 9-foot by 20-foot addition intended to replace an existing deck and the removal of the current roof to add one and a half stories. While the building inspector initially denied the permit because the project increases the nonconformity of the structure, the board identified further technical hurdles. Specifically, the Chair noted that the board lacks a finding on whether the cellar is considered a first floor based on the slope of the land. According to Chapter 10, Section 275-9.1 of the zoning bylaws, a basement is not considered a story only if the finished floor height of the story above is no more than four feet above the mean grade.
The Chair explained the necessity of the delay, stating, One thing that I do not have in this file that is going to be of importance today—and we may in fact have to delay this a couple of weeks in order to get—is a finding by the building inspector if the cellar of this home is considered a first floor insofar as it's built on a hill that slopes downwards toward the back.
The board also requires proof that the proposed attic does not exceed two-thirds the size of the floor below it, a requirement to avoid needing a further variance.
Gillings, a builder who recently purchased the property, expressed frustration over the timing, noting he had already secured a demolition permit and begun work. He explained that the roof line changes were necessitated by modern building codes. The reason the architect is changing it is because the rafters are 2x8. The architect told me I have to change from 2x8 to 2x12 to meet code. That's why the whole building has to move and why I touch the roof line,
Gillings said. He emphasized that the expansion is vital for his family, including his wife, three children, and his mother, adding, I'm trying to utilize the space because the house is small.
While Gillings initially considered a longer delay, he ultimately pushed for a meeting next week to start the mandatory 20-day appeal period as soon as possible. Motion Made by K. O'Donnell to continue the hearing to January 12th at 4:00 PM. Motion Passed by consensus.
Abutter Glenn Pavloc of 115 Smith Road attended the online hearing but chose not to provide testimony until the requested technical data is submitted. I'll refrain from making any comment until the next meeting,
Pavloc told the board. The hearing is scheduled to reconvene via Zoom on Monday afternoon.