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Uxbridge ZBA grants special permit for 6‑foot deck at 137 Kearney Street
Summary
After a continuation from July, the Zoning Board granted a special permit allowing a 6‑foot deep exterior deck attached to the rear of the house at 137 Kearney St, deciding the work is an extension of an existing nonconforming structure and not substantially more detrimental to the neighborhood.
The Town of Uxbridge Zoning Board of Appeals on Nov. 5 granted a special permit to allow construction of a 6‑foot‑deep exterior deck attached to the rear of the house at 137 Kearney Street.
Chair opened the continued public hearing for FY2602 and the applicant's representative explained the owners would not proceed with a previously proposed internal addition. Instead they proposed a 6‑by‑10 exterior deck between an existing 7‑by‑5 bump‑out and the backyard bulkhead; they submitted an updated property survey at the meeting to clarify setbacks and dimensions (applicant representative).
Board members reviewed the survey and the existing plans. The board discussed whether the change should be handled as a variance or as a special permit under the town’s nonconforming‑structure rules (section 412). After deliberation the board agreed the request could be treated as a special permit to extend a nonconforming structure because the extension was not substantially more detrimental than the existing condition.
Rob moved to grant a special permit “pursuant to section 400‑12 c of the bylaws to enlarge or extend the structure by constructing a deck 6 feet wide on the northeasterly side of the structure on a finding that such extension is not substantially more detrimental than the existing nonconforming structure to the neighborhood.” Richard seconded; the motion carried by voice vote and the board instructed staff to prepare the decision within 14 days.
The board advised the applicant on the post‑decision timeline: the applicant may pick up the written decision after 14 days, and an appeal period follows. Kelly (staff) will contact the applicant with next steps.
