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ZBA Rules on Pair of Special Permits
By Administrator   
Tuesday, March 09, 2004 05:00 PM
Compromise was the key to a recent decision by the Zoning Board of Appeals regarding a home addition project on Linden Lane. Compromise was the key to a recent decision by the Zoning Board of Appeals regarding a home addition project on Linden Lane.

At its February administrative meeting, the ZBA granted a special permit to Elizabeth Hudacko to replace a captain’s room at 33 Linden Lane with a taller and larger bedroom wing.  Because the applicant was extending a pre-existing, non-conforming structure, she had to appear before the ZBA for approval.

Hudacko made her first appearance before the board on November 13, where Linden Lane neighbors Douglas and Mary Danner expressed their opposition to the project because they felt it adversely affected them and an easement to the bay located on their land.

At their December 1 administrative meeting, board members felt that while the project increased the length of setback from the property line, the new addition being proposed would significantly increase the building’s volume and wanted to give Hudacko time to consider presenting new plans before they made a final decision.

On January 9, the applicant, Director of Inspectional Services Richard MacDonald and the Danners met to work out a compromise.  As a result of that meeting, Hudacko submitted a revised set of plans for the new addition that reduced the volume and height of the proposed project.  Also after the meeting, the Danners wrote a letter to the ZBA indicating that they had decided not to oppose the project if certain conditions were met.

At their latest administrative meeting in February, the ZBA unanimously agreed to issue the special permit, subject to five conditions, including that the height of the new construction meet or be less than the plans submitted and that no structure shall obstruct the Danner’s view of the bay.

At their February 12 meeting, the ZBA voted unanimously to grant a special permit to Patrick and Mary Kramer of 823 Franklin Street for a second floor addition on their pre-existing, nonconforming structure.

In its decision, the board found that the benefits of the proposal would outweigh any adverse effects for the town or vicinity and that the extension of the proposal would not substantially increase the non-conforming nature of the structure and not be substantially more detrimental to the neighborhood than the current structure.