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Peabody zoning board denies variance for enclosed porch at 46 Bradford Road
Summary
The Peabody City Zoning Board of Appeals denied a variance request related to an already-built enclosed porch at 46 Bradford Road after hearing objections from the building inspector and an immediate abutter.
The Peabody City Zoning Board of Appeals voted to deny a variance for an enclosed porch at 46 Bradford Road, after testimony that the structure was built without a building permit and a nearby abutter raised privacy and property-value concerns.
Applicant William Marimon sought relief in an R-1 district for a left-side yard setback of 12.6 feet rather than the required 20 feet and for 25.8% lot coverage instead of 25%. During the hearing board members said the enclosed porch had already been constructed and that the applicant had not obtained a building permit before work began. The applicant acknowledged he had not secured a permit, said he stopped work after a building inspector visited, and indicated he might need to reconstruct or remove work to comply.
An immediate abutter, Marguerite Franco of 1 Packard Road, submitted a letter and spoke in opposition, saying the addition overlooked her property and would be detrimental to her home's value and privacy. Another neighbor, identified in the record as Elizabeth Mommyen, said she had not been notified by the applicant. Board members also noted discrepancies in the applicant's plot plan (multiple structures labeled as sheds that the board said were movable containers) and questioned whether the submitted plan showed the garage the applicant described.
After public comment the board moved to close the hearing and took a roll-call vote on a motion to approve; the chair announced the vote results as negative and the board denied the variance. The transcript records board members answering "No" on the roll call. The chair directed the applicant to work with the building commissioner and building inspectors to resolve outstanding permitting issues; any enforcement action or removal of the unpermitted construction is under the authority of the building department.
The board recorded the denial and advised the applicant that further work will require coordination with the building department and possibly reconstruction to meet zoning and permitting requirements. The decision will be filed with the city clerk and is subject to any applicable appeal rights under Massachusetts law.
