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ZBA grants variance to convert deck to three-season room at 41 Pershing Ave
Summary
The Framingham Zoning Board of Appeals unanimously approved a petitioner’s request to convert an existing deck to a three-season porch and add a small deck at 41 Pershing Avenue, finding the lot’s irregular shape and existing encroachment justify the relief.
The Framingham Zoning Board of Appeals voted unanimously to grant a variance and modification request that will allow the conversion of an existing rear deck to a three-season porch and the addition of a small deck with stairs at 41 Pershing Avenue.
Attorney Tom Veil appeared for petitioner Mary Ann Kopaczynski, who has lived at the address for more than 42 years. Veil told the board that a 1982 ZBA variance for the lot reflected an irregular rear lot line and that the proposed conversion would not increase the extent of the existing encroachment. Veil said the requested relief is “no more than what exists today in terms of the setback.”
Board members noted the lot’s unusual V-shaped rear configuration and that the requested change would not enlarge the nonconforming footprint. One member observed the petition would provide an accessibility and quality-of-life benefit for a long-term resident. The applicant also clarified that the proposed construction is stick-built wood framing with windows, not a large new structure.
After brief public input from an immediate neighbor (who asked about construction type and fencing) the board voted to approve the modification and variance as presented. The clerk recorded the vote as 3–0 in favor.
Implementation notes: the building-permit denial that prompted this filing was due to the original 1982 variance being treated as a material change for the deck conversion; the ZBA’s decision clears the way for the petitioner to obtain a building permit for the three-season porch and small deck. The applicant and counsel were thanked for providing corrected drawings for the record.
