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Charlestown board grants sideline variance for new house at 2 Lakeside Drive, conditionally tied to DEM OWTS approval

2875240 · January 21, 2025
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Summary

The zoning board voted 5–0 to approve a dimensional variance allowing a replacement dwelling to sit 12 feet from the left side yard where 35 feet is required, with the board adding a condition that DEM approval for a four-bedroom OWTS be obtained.

The Town of Charlestown Zoning Board of Review unanimously approved a dimensional variance on Jan. 21 to allow a new house at 2 Lakeside Drive to be built closer to the left side-yard property line than town rules permit.

The board approved application 1650 from Thomas L. Murray to replace an existing dwelling with a new dwelling attached to the existing garage, proposing a 12-foot setback to the left side yard where the ordinance’s dimensional table allows 35 feet. The lot is listed as Lot 97 on Assessor’s Plat 20.

Sherry Jackson, the project representative, described site constraints including wetland buffers, a high water table and the location of existing septic and well infrastructure that limited placement of the new house. Jackson told the board the existing house already had elements as close as 8 feet to the sideline and that the proposed plan reduces the overall encroachment compared with the current configuration.

Board members reviewed engineering and septic planning details. The applicant reported that DEM (the state Department of Environmental Management) had reviewed wetlands and requested buoyancy calculations for the OWTS; those calculations were submitted and staff said final DEM approval was expected. At the end of the hearing a board member added a condition to the approval that DEM approval for a four-bedroom OWTS be required prior to final zoning sign-off.

The Chair moved to approve the variance, a board member seconded, and the motion passed 5–0 on a roll-call vote. Yes votes were recorded from Abbott, Andrew, Reddick, Pangborn and Isabella.

During discussion the board asked about water supply and the shared well; the applicant said there is documentation permitting the current shared arrangement and that an easement or other legal agreement would be the property owners’ responsibility if the properties were sold. The applicant also noted the planned septic system will include a pump chamber, alarm and engineered leach field located to meet DEM’s 50-foot wetlands setback requirement.

The variance was approved subject to the explicit condition that final approval is contingent on DEM approval of the four-bedroom OWTS. The board recorded no public correspondence on the application at the hearing and offered standard building-permit follow-up guidance to the applicant.