Somerset council revokes portion of driveway variance after neighbors say work encroached on shared easement

The Somerset Town Council voted 4–1 on Nov. 18, 2024 to revoke the portion of a variance that allowed a driveway apron to expand to 25 feet at 4815 Cumberland Avenue, after finding required paperwork had not been returned and neighbors complained the work disturbed their hardscape.

The council’s move targets the specific variance authorizing the extra five-foot wings beyond the town’s 20-foot apron standard. Town attorney Jeffrey (counsel) told the council that the permit issued before a required public right-of-way use agreement and a water drainage maintenance plan were returned, and that "the variance could be deemed void for failure to comply with that condition precedent." The council then instructed the applicant either to restore the apron to its prior condition or to submit a new application within 30 days and to return the drainage agreement.

Why it matters: The dispute centers on whether the reference point for the variance was the town’s 20-foot apron standard or the actual…