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Board OKs after-the-fact deck variance at 11 Davenport Ave.; applicant cited slope, safety reasons

5967911 · October 15, 2025
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Summary

Milford ZBA granted a rear-yard projection variance for a 10-by-16-foot deck already constructed at 11 Davenport Avenue. The homeowner said the prior deck was unsafe and the steep rear slope made other options impractical.

The Milford Zoning Board of Appeals approved an after-the-fact variance on Oct. 14 to allow a rear-yard projection of 15.5 feet where 21 feet is permitted for a deck at 11 Davenport Avenue.

The applicant, Ryan Iodice, who is identified as the property owner, told the board the deck was built to replace a deteriorating, unsafe structure and that the steep slope at the rear of his property limits usable yard space and makes retaining-wall solutions impractical. He said the new deck measures approximately 10 feet by 16 feet, has footings inspected by the building department and that he is pursuing permits after the fact.

“I’m kind of asking for forgiveness here rather than permission because it is a deck that I have constructed,” Iodice said during the hearing. He told the board he has submitted photographs and a recent survey showing the structure sits 15.5 feet from the property line.

Board members noted the lot is significantly undersized for the zone with below-minimum width, depth and square footage, and several members said they saw a hardship in the lot’s dimensions and slope. There was no public opposition at the hearing; the applicant said he distributed notice letters and had not been contacted with objections.

A motion to approve the variance was made by a board member and seconded; the board voted to approve the requested relief. The board recorded that the applicant should complete any outstanding building-permit steps following the variance approval.