Board permits west-side addition at 39 Damon Street after variance withdrawn

The Concord Board of Appeals approved a special permit allowing a 232-square-foot single-story addition on the west elevation at 39 Damon Street and accepted the withdrawal without prejudice of a separate variance request for a two-story east-side addition.

Representatives from North River Builders and civil engineer Paul Kirschner explained the property is a nonconforming lot with limited frontage and existing encroachments. The proposal included two elements: a west-side one-story addition that would sit 9.9 feet from the side property line and a two-story east-side addition that would have required a variance to be located 10 feet from the side line. Board members questioned whether the variance request met the legal hardship requirement related to lot shape, size, or other unique conditions. One board member said he saw no demonstrated hardship supporting the variance. "I haven't heard any… the word hardship here," a member said, adding that mere lot size or family needs do not automatically constitute the legal hardship standard for a variance.

The property owner, Christopher Brand, addressed the board and described household needs for an additional bathroom and modest living space. After discussion, the owner requested withdrawal of the variance without prejudice and proceeded with the special-permit request for the west-side addition. The board accepted the withdrawal and voted to grant the special permit for the west-side addition; staff noted no public letters of opposition had been filed.

The board’s approval allows the single-story west addition to be constructed 9.9 feet from the side property line, conditioned on findings that the work will not be substantially more detrimental to the neighborhood and on typical permit compliance. The board advised the owner that any future proposal for the east-side two-story addition would require a separate application and review.