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Watertown board instructs building department to issue permit for Burke cabana with deed restriction
Summary
The Watertown Point of Adjustment directed the building department to issue a permit for a 28×18 cabana at 43 Lord William Penn Drive, conditioned on a deed restriction and other limits to prevent its use for living quarters.
The Watertown Point of Adjustment moved to instruct the township building department to issue a permit allowing a cabana at 43 Lord William Penn Drive, subject to conditions the board extracted during testimony.
Attorney David Brady presented the application (D8‑1025) on behalf of applicants Jason and Elena Burke and said the zoning officer had denied the cabana permit based on an appearance that the accessory structure might be used for sleeping quarters, in violation of the zoning code. The proposed structure is 28 by 18 feet with an enclosed segment measuring approximately 8 by 18 feet. During sworn testimony, Jason Howard Burke confirmed the enclosed portion contains a toilet and storage area (toilet area reported as 7 by 7 feet and storage 7 by 9.5 feet), that there is no shower, no heating, and "absolutely not" would anyone live or sleep in the cabana.
Brady and the applicant agreed on the record to place a deed restriction in the chain of title that limits the enclosed portion to toilet and storage use only. Board professionals reviewed notices and jurisdiction and confirmed the board had authority to instruct issuance. After members asked clarifying questions about access (the half‑bath door opens to the exterior), heating and the deed restriction, a board member moved to instruct issuance of the permit; the motion was seconded and the chair called the voice vote in favor.
The transcript records the board’s direction as an instruction to the building department to issue the permit; the zoning officer need not provide a separate letter of corroboration before the building department acts. The applicant was informed the 45‑day appeal period applies: "you proceed at your own risk," a board member cautioned, and the board conditioned issuance on the deed restriction and the lack of heating and sleeping facilities.
No formal roll‑call tally is provided in the transcript. The transcript and the resolution language on record constitute the operative statements of condition and implementation.
