Merrimack zoning board OKs homeowner’s setback variance for replacement deck

The Merrimack Zoning Board of Adjustment on Tuesday granted a variance allowing a homeowner to rebuild and attach a deck closer to a side lot line than the zoning ordinance permits. Petitioner Caitlin Stethopoulos sought relief under section 3.05 to construct a deck 10.2 feet from the side property line where 15 feet is required at 6 Mayflower Road.

Stethopoulos told the board the proposed deck replaces a previously removed deck that had to be torn down to allow construction of a permitted addition and garage. “The deck will not impact the health, safety, or general welfare of our community,” she said while describing site constraints including the pool location, an on-site leach field and having driveways on both sides of the property.

The board reviewed the five statutory criteria for a variance. Members noted the lot’s nonconforming layout and the fact the new deck would largely occupy the prior deck footprint. After discussion, a member moved that the board find the petitioner’s responses sufficient, adopt those responses as the board’s findings of fact and grant the variance under section 3.05, subject to the condition that the petitioner obtain a building permit for the proposed deck.

The motion was seconded and the board voted in favor. The chair informed the petitioner that the decision may be appealed within 30 days.

The decision allows Stethopoulos to complete the home addition by restoring and attaching the new deck. The board did not record any conditions beyond the building-permit requirement. If an appeal is filed within the statutory window, the decision will be stayed until that process concludes.