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ZBA defers decision on Henry Avenue condenser variance after members raise compliance concerns
Summary
The board split over whether to legalize condensers placed inside a side‑yard setback; concerns about an apparent stop‑work order, whether the condition was self‑created, and lack of evidence of alternative locations led the board to adjourn the matter for further review and absent-member input.
An application seeking to legalize condensers placed within a side‑yard setback on Henry Avenue prompted a split board discussion. Some members described condensers in narrow side yards as a common feature and indicated they are often approved where driveways and placement make them practical. Other members raised stronger objections, noting that the condenser installation occurred without proper permits, a stop‑work order had been issued, and the record lacks exploration of alternative locations that might avoid a variance.
The board debated whether approving a variance under those facts would create an undesirable precedent that rewards noncompliant work. Counsel and staff noted prior interpretations and enforcement variations over time. Given the divided views and the absence of a full board member (Angelique Schindler), the ZBA agreed to adjourn the application to the next meeting and to request further documentation about the installation history, contractor filings, and any stop‑work order specifics before taking a vote.
Next steps: Item will be returned to the board’s next meeting (Sept. 4) with any additional documentation requested from the applicant and the building department.
