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ZBA approves deck and sandbag removal at 38 Surfside Ave, orders walkway narrowed to 4 ft
Summary
The ZBA approved a 4.5 ft side‑yard variance for a small deck, ordered removal of an unauthorized 40‑ft sandbag seawall with stabilization and revegetation, and required a coastal walkway built at 5 ft to be reduced to the board‑standard 4 ft; staircase and other repair work were approved subject to planning‑department details.
Board members opened the Lichten Family Trust application at 38 Surfside Avenue and reviewed a May 9, 2025 survey and testimony from coastal consultant Kyle Hubbard and applicant representative Jackie Hubbard.
Member Burger and several colleagues found the 4.5‑ft variance for a 104‑sq‑ft deck acceptable because it provides safe egress from an exterior door, and they approved it. The board also focused on a 40‑ft sandbag seawall constructed without permits; members described the wall as substantial and required its removal. Brian Frank (town representative) told the board the sandbags must be removed and that materials should be left in place where appropriate, followed by an angle of repose and plantings to stabilize the bluff. The board approved removal and required revegetation and stabilization measures.
On the 5‑ft coastal walkway, multiple members noted the town standard of 4 ft and concluded that allowing this 5‑ft structure to remain as‑built would be precedent‑setting. The board denied permission to leave the walkway at 5 ft and conditioned approval on reconstructing or trimming the walkway to 4 ft in width. Members also approved a redesigned, switchback staircase to reduce coastal intrusion and asked that methods and access be coordinated with the planning and building departments.
Board members placed NRSP approvals and variances on standard conditions: revegetation plans and any required permits, and they noted access and staging issues if town property must be crossed during work. The transcript records members’ reasons emphasizing coastal protection standards and consistent treatment of walkways and bluff stabilization.
