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Norwood ZBA approves addition at 41 Chapel Court with rear-fence condition
Summary
The Zoning Board granted a special permit under section 5.4.0.4 for an addition at 41 Chapel Court (Case 25-21), finding it would not be substantially more detrimental to the neighborhood; approval included a required fence along the rear lot line and passed 5-0.
The Norwood Zoning Board of Appeals voted unanimously Sept. 2 to grant a special permit for an addition to the home at 41 Chapel Court (Case 25-21). The motion to approve included a condition that a fence (chain link or stockade) be installed along the rear lot line without gates; the final vote was 5-0.
David Hearn Jr., an attorney appearing for property owner George McManus, told the board the house was built around 1910 and has a current living area of about 655 square feet per assessor records. Hearn said McManus purchased the property in May, has begun exterior repairs and proposes a rear addition roughly 22 feet wide by 16 feet deep to add first-floor bedroom and accessible bathroom space. Hearn argued the board could grant relief under zoning bylaw section 5.4.0.4, which allows the ZBA to permit reconstruction or a change to a nonconforming structure where it finds the modification “will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.”
Board discussion noted the addition increases the rear setback encroachment from about 22.35 feet to a proposed 10.85 feet (an increase in encroachment of roughly 8 feet to about 20 feet of encroachment as characterized during the discussion). The applicant’s filing and presenter estimated the addition would increase habitable floor area by about 50–53 percent; the board included the quantified 53% increase in its motion discussion. Board members who expressed reservations said their concerns were addressed by the context of neighboring structures and by the applicant’s ongoing improvements to a property that had been vacant and deteriorated for years.
The board also noted an earlier approval on the parcel (a prior demolition-and-rebuild special permit) remains active because of state permit extensions; the board said it may formally rescind that prior decision at a future time to avoid overlapping approvals. The ZBA required the rear lot-line fence as a condition of approval and recorded the decision with a 5-0 vote in favor of the special permit.
