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ZBA approves variances to legalize earlier addition and condenser at 165 Elm, conditioned on recorded easement
Summary
The board granted variances to allow an HVAC condenser now located over the property line and to legalize a second-floor addition built under prior rules; approval was conditioned on submitting a corrected, notarized easement to be recorded with the county clerk.
Owner Sean O'Keefe appealed to the board to legalize a second-floor addition and an HVAC condenser that were completed by a previous owner in 2018 and left with an open permit. O'Keefe said he closed on the property on Nov. 26, 2024, and learned the condenser and addition were too close to the property line; he seeks a variance to allow the condenser to remain at 0 feet (100% relief from a 5-foot requirement) and to reduce the second-floor setback to 2 feet (50% relief from a prior 4-foot standard).
Board counsel and members reviewed the submitted easement and identified a typographical error that referred to a neighboring parcel number; they instructed the applicant to correct the easement, have the proper document notarized, present it for staff and counsel review and record it with the county clerk. The board read a draft resolution granting the variances and explicitly conditioned approval on a corrected, notarized and recorded easement. The motion passed unanimously (6–0).
