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Committee backs variance for 3 Mussey Brook Road addition, conditions DEM review
Summary
The Capital Review Committee recommended approval of an 8-foot variance from the 25-foot side-yard setback for an addition and second-story ADU at 3 Mussey Brook Road, conditioned on resolving required DEM permitting and building-permit details.
The Capital Review Committee voted to forward a positive recommendation on a zoning variance for 3 Mussey Brook Road, approving an 8-foot reduction from the 25-foot side-yard setback for an 11-by-28-foot addition and a second-story accessory dwelling unit (ADU).
The Chair opened the discussion by describing the proposal and showing photos and elevations. Staff and committee members examined the site plan and street views, noting large evergreens and that the proposed work would not expand the curb opening but would include a curved driveway turn. Staff flagged that because the property backs up to Mossy Brook the applicant will likely need a Department of Environmental Management (DEM) permit before any building permits can be issued.
Committee members questioned the project’s height, eave and roof overhang impacts, and how the ADU would be measured for regulatory limits. A committee member summarized local ADU rules cited in the meeting: a one-bedroom ADU cannot exceed 60% of the primary living space or 900 square feet, whichever is less. The contractor and staff indicated the proposed ADU living area is just under the 900-square-foot threshold; the committee requested the applicant include full floor plans and elevations in the building-permit submission.
A member moved a positive recommendation to the zoning board conditioned on (1) verification of DEM permitting or confirmation of any exemption, (2) provision of full site and building plans during the building-permit review to confirm square footage and eave/overhang dimensions, and (3) compliance with any required permits. The motion was seconded and the committee voted in favor.
The committee noted that some technical details — including definitive building height and confirmation that any eaves or rakes are accounted for in setback calculations — must be verified at the building-permit stage. The zoning board will receive the committee’s recommendation with these conditions for further consideration.
