Wednesday, October 28, 2026

Variance request for covered rear deck on Main St lot

The variance was denied. A motion was made and seconded to deny it because the spirit and intent of the ordinance would not be observed and there was no unnecessary hardship. The motion passed; the vote count was not given. Separately, the board voted to postpone filling the vice-chair or alternate position.

On October 28, 2026, the Zoning Board of Adjustment heard a request for a variance (permission to break a zoning rule for one property) from the 25% maximum building coverage rule. The owners wanted to build an 18 by 7 foot roofed rear porch or deck on a 0.212-acre lot in the Residential Village District (Map 102 Lot 21). The lot is smaller than the one-acre minimum and already goes over the 25% limit. The applicants' lawyer said a contractor began the work without a permit, and work stopped once the problem was found. A survey showed the deck would add about 251 square feet, or about 2.7% more coverage. The lawyer corrected an earlier figure of 1.45%. The lawyer argued the lot's small size, its spot beside town hall and across from a church and store, and a realtor's opinion on property values supported the request. A member of the public opposed it. That person said approving work done without a permit could encourage others to skip permits, and that many village lots are small and similar. Board members said the hearing was only about the building-coverage variance, not a separate issue about expanding a nonconforming use. They said hardship has to come from special conditions of the land itself. Several members found the lot was not unique compared with other small village lots. They also raised concerns about drainage and more roof and deck area, and cited existing coverage in the 46% range. The board agreed the request was not against the public interest. It found two of the five variance tests were not met: the spirit and intent of the ordinance, and unnecessary hardship. After the vote, the board also discussed filling the empty vice-chair seat and possibly adding an alternate member. No one was appointed, and the matter was postponed to a future meeting. Follow-up tasks: issue the formal denial in writing and fill the vice-chair seat.