Augusta zoning board approves setback variance to legalize deck at 1218 Winter Street

The Augusta Board of Zoning Appeals on Dec. 15 approved a variance allowing an existing deck at 1218 Winter Street to conform to a 4-foot interior side-yard setback, notwithstanding the 7-foot minimum in the city’s zoning rules. The unanimous vote followed staff recommendations and conditions set by the board.

Todd Kennedy of the city’s planning and development staff told the board the property sits in the Somerville Historic District and that the applicant began constructing the deck without a permit. Kennedy said the proposal requires both a revised permit scope and a Certificate of Appropriateness before the Historic Preservation Commission; the COA is scheduled for Dec. 18, 2025.

Jacob Cady, who identified himself as the owner of 1218 Winter Street, said the previous deck had been on the fence line and that the new deck now sits about 4 feet from the neighbor’s property. “I live at 1218 Winter Street, and I’m the owner,” Cady said. He told the board inspectors had reviewed the work and that he would add the deck to his permit scope.

Board members noted staff’s finding that the project did not meet all criteria for a variance in section 23‑5‑b of the comprehensive zoning ordinance but agreed to approve the request subject to the conditions read into the record: limit the interior side-yard setback to no less than 4 feet along the northern property line, obtain any required permits, and secure the necessary Certificate of Appropriateness.

The motion to approve, made and seconded during the meeting, passed by a show-of-hands vote with no opposition; the applicant was told he will receive a letter confirming the board’s action and next steps to come through staff and the Historic Preservation Commission.