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Zoning board allows enclosed deck on Kennedy Boulevard, granting 13.5-foot rear-setback relief
Summary
The board granted Richard E. Fuller a 13.5-foot rear-setback variance to complete an enclosed three-season room where a deteriorated preexisting deck stood; board noted the work began before permits and required final inspections and permits to follow.
The Town of Lincoln Zoning Board of Review voted unanimously to grant Richard E. Fuller a dimensional variance to legalize and complete an enclosed three-season room attached to his home at 44 Kennedy Boulevard.
Fuller and his attorney, John Shikachi, told the board the prior deck was a preexisting nonconforming structure that had deteriorated and needed replacement. Fuller said he retained a contractor who assured him the proper permits would be obtained; construction began and the town later determined the work required relief. "I was not aware that the contractor... did not hold a permit on it," Fuller said, adding that he stopped work after learning permitting was incomplete and is now seeking retroactive approval to finish the project and obtain inspections.
Staff read the Planning Board recommendation: the Planning Board met Aug. 28 and voted 5–0 to recommend approval, noting the dwelling already approaches the setback and the requested relief was minimal in nature. The chair moved to approve the rear-setback relief of 13.5 feet and the motion passed unanimously; the board emphasized completion of the permitting and inspection process and that the approval does not excuse any outstanding code requirements.
The board's approval regularizes the structure subject to standard permit, inspection and filing requirements; any contractor or homeowner steps necessary to achieve final occupancy will be enforced through the town’s building-permit process.
