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Framingham ZBA approves variance for covered exterior stair at 93–95 Grant Street

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Summary

The Framingham Zoning Board of Appeals voted 3-0 on Jan. 8, 2025 to approve a finding and a variance allowing a roofed exterior stair at the southeast corner of the rebuilt building at 93–95 Grant Street after the applicant submitted revised plans and elevations.

The Framingham City Zoning Board of Appeals voted Jan. 8, 2025 to approve a finding and a variance allowing a roofed exterior staircase at 93–95 Grant Street (case 24-2293). The board voted 3-0 to approve the revised plan and elevations the applicant filed on Dec. 24, 2024.

The variance covers a roofed stair that will sit near the property—s easterly boundary and encroach into a 15-foot setback. The applicant—s attorney, Damien Berthiaume, said the stair is required by current building-code egress requirements following the structure—s post-fire reconstruction and that the proposed roof is intended to keep the stairs clear of snow and rain. "If we had to remove the staircase within a setback, it would require a reduction in the size of the building," Berthiaume said during the hearing.

Board members reviewed new plans dated Oct. 28, 2024 and revised Dec. 24, 2024 showing the stair moved closer to the easterly property line and seven existing parking spaces. The board discussed whether uncovered steps would avoid the need for a variance; the applicant pointed to the zoning bylaw—s section permitting uncovered steps in a setback (identified in materials as section 5b, page 98) but said the addition of a roof triggered the need for relief.

Neighbors and nearby property owners spoke in support. David DiPietri, who said he owns the commercial building that abuts the property, told the board the new design "enhances the entire neighborhood" and encouraged approval.

Board members repeatedly complimented the design and the improved set of architectural drawings submitted for the hearing. Some members said an interior second means of egress could have been an alternative but acknowledged the applicant—s interest in maximizing interior rentable space. The record includes discussion of precedent and whether a finding of "hardship" under the variance standard was met; one board member read the state variance standard into the record and questioned the presence of a hardship, while the applicant argued the lot shape, the building—s location and the need to rebuild to current code together presented the hardship claimed.

The board approved the motion to grant the finding and the variance. The roll call recorded three affirmative votes and no negative votes. The board did not record any amendments to the approved plan during the meeting.

The approval allows the applicant to build the covered exterior stair as shown in the Dec. 24, 2024 plans; any building permits or inspections required by the Building Department remain separate processes.