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Bedford Zoning Board upholds town staff's measurement rule in dispute over 16 Suzanne Drive retaining wall
Summary
The Zoning Board of Adjustment on March 17 upheld town staff's interpretation that retaining-wall height is measured from the footing to the top, denying an appeal by the Millers over a retaining wall at 16 Suzanne Drive after testimony from the applicant's lawyer and contractor, town planning and building staff, and neighbors.
John Morin, chair of the Town of Bedford Zoning Board of Adjustment, presided as the board heard an administrative appeal on March 17 over the permitting and measurement of retaining walls at 16 Suzanne Drive. After testimony and public comment, the board voted to uphold the planning director and building official's interpretation and denied the Millers' appeal.
Attorney John Bisson, who represented applicants Joshua and Kathleen Miller and owners Kevin and Mary Brown, told the board the April building permit "was issued" and that later staff interpretations should not be applied retroactively. Bisson urged the board to restore the permit status and allow the Millers to complete the wall as permitted.
The matter drew sharp attention to how the town measures retaining-wall height. Contractor Tom Gardocki, owner of New Era Excavation, said his industry practice and the engineered plans he submitted measure the exposed face of the…
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