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Zoning board grants 14.6-foot setback variance after hearing on Murad deck
Summary
The board granted Jeffrey Murad a 14.6-foot side-setback variance Oct. 7 to finish a deck that the applicant said was needed to safely access a hot tub; the board weighed TRC concerns about alternative layouts but accepted testimony that construction began after advice from the contractor and engineer.
The Lincoln Zoning Board of Review voted Oct. 7 to grant a 14.6-foot side-setback variance for a deck at 1452 Old Louis Quizlet Pike, allowing the applicant to complete an addition the board was told is needed for safe access to a hot tub.
Attorney Mary Shicarti represented the Murad family and said the builder and an engineer interpreted the structure as an accessory feature and that work began before the need for zoning relief was discovered. She told the board the owners paused construction once they learned zoning relief was required and submitted photographs and four letters of neighbor support to address compatibility concerns.
The technical review committee and planning board reviewed the application; the TRC raised concerns that alternative layouts would require less relief and recommended against the variance, but the planning board later forwarded its recommendation after discussion. One neighbor, Jane Russell, testified she could not see the deck from her house and had no objections.
Board members discussed the hardship standard and whether the need was driven by unique characteristics of the land or by choices made by the applicant or contractor. The chair framed the question around the existing deck, tub and access needs and said testimony indicated the owners relied on professionals; the board concluded the hardship met the standards and voted to approve the 14.6-foot relief by voice vote.
The board asked staff to record photographs and the neighbor support letters as exhibits and to ensure the building inspector completes the required final inspections before work resumes.
