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Board of Appeals denies carport relief at 17 Christopher Drive after neighbor opposition

Board of Appeals · February 12, 2026
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Summary

The Milton Board of Appeals unanimously denied a variance request for an unauthorized carport at 17 Christopher Drive on Feb. 12, 2026. The applicants said the structure was to shelter an RV bought to travel with an ill spouse; neighbors and a Town Counsel letter urged removal.

The Milton Board of Appeals on Feb. 12, 2026 voted unanimously to deny relief requested for an unauthorised carport at 17 Christopher Drive, leaving the applicants without the variance they sought and preserving objections from neighbors and Town Counsel.

Attorney Marion McEttrick, representing applicants Ryan Nguyen and Tracy Nguyen, asked the board to grant reduced relief for a smaller carport and said the applicants had purchased an RV to travel with Mrs. Nguyen, who is very ill. McEttrick told the board the new plan reduced the carport’s size and that the applicants would accept mitigation measures if required.

Ryan Nguyen addressed the board and acknowledged he built the carport without permits, saying he “erroneously thought unattached structures were allowed without permits.” He said the family bought the RV so they could “spend time remaining with his sick wife on family trips” and offered to reduce the carport’s size and screen the structure with plantings and fencing.

Neighbor Kathleen Jenkins, who identified herself as the next‑door neighbor and the daughter of John Kenney (23 Christopher Drive), testified she was not willing to compromise and asked that the structure be taken down, calling the carport “ugly” and a detriment to her father’s property. The record also includes a written opposition from John Kenney and three written letters of support from neighbors at 11, 29 and 35 Christopher Drive.

The board considered the evidence on file, including a violation letter from the Milton Code Enforcement Officer, manufacturer schematics for the carport, a plot plan, photos submitted by John Kenney, and a letter from Town Counsel Alex Weisheit of KP Law recommending the carport be taken down. ZBA Member Nicholas Gray told the panel the town’s Bylaw “is clear and forbids such an intrusion on setbacks,” signaling statutory constraints that weighed against granting relief.

After closing evidence and public comment, the board moved to deliberate and vote. The minutes record the three members present—Kathleen O’Donnell (Chair), Nicholas Gray, and Michael Brown—each voting “aye” on the motion to deny the relief requested; the minutes state a unanimous decision to deny the request. The meeting adjourned at 8:25 PM.

The denial leaves the applicants without the variance; the minutes do not record a formal enforcement timeline, only the denial of relief and the presence in the record of Town Counsel’s recommendation that the structure be removed. The Board of Appeals’ action was limited to the variance request recorded in Case 2899.