Board grants variance to expand rear deck at 7 New Hampshire Avenue

The Zoning Board of Adjustment on May 13 granted a variance allowing a new 10-by-24.5-foot deck to encroach 8 feet 6 inches into the 25-foot required rear-yard setback at 7 New Hampshire Avenue in Ward 1.

The board concluded the proposal met the variance criteria, noting the existing structure already encroached into the setback, the requested expansion is modest, and the new deck will address a safety problem with a rotting surface. The vote was unanimous.

Applicant Brian Connolly described the request and said the existing 8-by-10 deck is unsafe; “My wife's foot fell through one of the deck boards,” he said, and the family wants a larger, safer backyard space for a patio set and outdoor use. Connolly told the board the house is 26 feet from the property line, meaning any deck will extend into the rear-yard setback; the proposed deck extends about two feet farther than the existing nonconforming structure.

Board members asked about alternatives and neighborhood character. Member Robert Shaw said the 10-foot depth is modest for decks and that the two-foot increase over the existing structure would not be noticeable; Vice Chair Josh Neely agreed and said the expansion improves safety. Member comments noted similar lot siting and deck placements in the surrounding neighborhood.

The board moved and seconded a finding that the five variance criteria were satisfied (public interest, spirit of the ordinance, substantial justice, property values, and unnecessary hardship related to the lot configuration) and approved the variance unanimously. The chair reminded the applicants of the 30-day appeal period before the decision becomes final.

Discussion (record): applicant testimony on safety and lot dimensions; board members examined neighborhood context and safety rationale.

Decision: variance approved; 30-day appeal window applies.