BZA approves multiple setbacks and cantilever variances for Russell Properties with condition barring matching First‑Floor variance, 4-2

The Worcester County Board of Zoning Appeals on March 13 approved multiple variances for Russell Properties LLC to permit second‑ and third‑floor cantilevers, decks and related encroachments at a property on Madison Avenue (Lot 180 in the Glenacre subdivision). The board voted 4 in favor and 2 opposed and attached a condition preventing a future First‑Floor variance that would extend the footprint to match the upper floors.

Applicant materials and testimony describe the property as a legally existing but nonconforming lot built in 1958 with a second‑story addition in 1962. Survey testimony placed the lot size at approximately 4,919 square feet, compared with an R‑3 zoning minimum lot size of 10,000 square feet; the surveyor said the lot has about 1,164 contiguous square feet of buildable area after setbacks are applied.

The application requested multiple variances: front‑yard variances to permit cantilevers and decks that would reduce the front setback (Madison Avenue) to as little as about 16.11 feet in one location and similar reductions on the west end; side‑yard variances from 6 feet to 4 feet to allow a second‑floor cantilever on the north side; and deck encroachments from Wilson Avenue. The applicants said the project would convert the ground floor to parking and storage and move habitable space to the second and third floors; the owners also supplied photos and architectural plans in the packet.

Neighbors attended the hearing and asked questions about structural capability, flood elevation and driveway access. Board members and staff noted that engineering, soils and building‑code approvals would be required at permit review and that flood venting would be determined by elevation and building code. Several neighbors emphasized concern that if the foundation proved inadequate the applicant could tear down and then seek additional variances; the board addressed that concern by approving the variances subject to a motion condition that the applicant may not seek a First‑Floor variance to extend the footprint to match higher floors.

A motion to approve with that contingency was made and seconded; the board recorded a 4–2 vote in favor. The transcript shows the superintendent of record indicated county review would require soils, compaction and engineering reports prior to permit issuance.