ZBA Votes 4-1 to Overturn Corner-Lot Ruling

In this report: Key decisions · Full report · Sources

What happened

The Zoning Board of Appeals voted 4-1 to overturn the Building Commissioner's longstanding interpretation that corner lots have two fronts and two sides but no rear yard, finding the interpretation lacks bylaw support. The board also denied a fence-violation appeal 5-0, approved Section 6 findings and variances for three residential projects, and withdrew one application.

Key decisions

• 📜 Corner-lot setback interpretation. The board voted 4-1 to overturn the Building Commissioner's interpretation that corner lots have two fronts and two sides with no rear yard, finding the interpretation lacks bylaw support. The vote directs the Building Commissioner to reconsider enforcement at 6 Concord Street under a reading that recognizes a rear yard on the lot, which would require a larger setback than the project's current plans provide. (Vote 4-1). Read case details
• 🏠 Single-family dwelling on steeply sloped lot. The board voted 4-1 to grant a variance for a side-setback and 4-1 to approve a Section 6 finding for the front setback, allowing demolition of an existing non-conforming home and construction of a new single-family dwelling on a lot that drops roughly 30 feet in elevation. One board member dissented, citing concerns about proximity to a neighbor's fence and retaining wall and potential shading impacts. (Vote 4-1). Read case details
• 🏠 House addition within front setback. The board voted 5-0 to approve the Section 6 finding, permitting a small addition to square off an existing non-conforming single-family home within the front setback, without expanding the building's footprint further. (Vote 5-0). Read case details
• 📋 Fence encroachment within required setback. The board voted 5-0 to deny the appeal, upholding the Building Commissioner's determination that the fence violates the bylaw by encroaching within the required one-foot setback. The fence must be removed; continued non-compliance carries a $200-per-day fine. (Vote 5-0). Read case details
• 🛠 Passageway connecting house and garage. The board voted 5-0 to approve the Section 6 finding, permitting an uninsulated covered passageway connecting an existing house to its garage, plus a small roof covering the existing front steps, both within the front setback of a corner lot. (Vote 5-0). Read case details
• ● Application withdrawn. The application was modified so that it no longer required relief from the board and would not be heard. No further action was taken. Read case details

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