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Zoning board grants Petro family variance for larger attached garage and ADU at 39 Smith Road
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Summary
The Town of Charlton Zoning Board of Appeals approved a variance allowing roughly 400 square feet of additional garage footprint tied to an attached ADU at 39 Smith Road, citing septic placement, potential wetlands and lot shape as the board's hardship rationale; applicants were notified of a 20‑day appeal period.
The Town of Charlton Zoning Board of Appeals on April 7 approved a variance allowing an attached two‑car garage that exceeds the standard garage footprint by about 400 square feet for property at 39 Smith Road, contingent on the revised plans submitted to the board.
The board’s decision followed testimony from Mark Lindblom, the contractor representing homeowners James and Linda Petro, who said the revised design added fire‑rated walls and an extra egress to make the accessory dwelling unit (ADU) conform to the 1,250‑square‑foot ADU maximum while keeping an attached two‑car garage for accessibility.
"The ADU size is presented here, complies with the 1,250 square feet," Lindblom said, and explained the homeowners prefer an attached garage so they can use a prefabricated ramp if mobility issues increase.
Why it matters: the petitioner argued that moving to a detached garage would require more excavation, bring construction closer to wetlands and the septic system, and therefore create an undue burden. Board members probed setbacks, the location of the well and septic, and whether a detached garage could be sited without environmental impact.
During deliberations, a board member moved to grant a variance "based on the plan submitted for 400 [square feet] plus or minus, with the hardship being the septic in the front, potential wetlands in the rear, and the shape and angle of the lot," noting there was no other variance needed for the ADU itself. The motion was seconded and approved by voice vote.
Chair John Dormant told the applicants the board’s approval will be submitted to the town clerk and that a 20‑day appeal period begins when the decision is filed; after that period the applicants may record the variance at the Worcester Registry of Deeds and proceed with building permits.
The board recorded no roll‑call tally in the transcript; the outcome was announced by voice vote. The board also asked members to individually review the board’s administrative rules before the next meeting.
What’s next: applicants have 20 days to wait for the appeal period to lapse and will then record the variance with the registry of deeds before pursuing building permits and inspections.
