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Bolton ZBA unanimously approves variance for deck at 35 Lakeside Circle after safety concerns
Summary
The Bolton Zoning Board of Appeals voted July 11 to grant a rear and side yard variance for 35 Lakeside Circle to allow construction of a deck. The board cited safety issues, a preexisting condition and the lot’s geometry; neighbors provided historic photos and the house sits 19.4 feet from the water.
The Bolton Zoning Board of Appeals voted unanimously on July 11 to grant a variance allowing a deck to be built at 35 Lakeside Circle, citing safety concerns, a preexisting condition and the lot’s geometry.
Chairman Anne Decker opened the regular meeting at 7:09 p.m. and the board moved to hear public testimony on case ZBA-23-2. James Grady of Grady Construction, speaking for the homeowners, told the board that “the existing structure is not safe. The rear stairs are 30 inches above grade with no handrails and there are no existing stairs from a side door,” and described a proposed deck that would extend about 10 feet from the rear and include a landing about 42–48 inches at the side door, as recorded in the minutes.
Neighbors Kevin and Maureen Shortoff presented photographs from 2013 showing an earlier dwelling with a deck and photos of the current house built in 2016. They stated that “the current house is 19.4 feet from the water,” and noted that the prior dwelling had a deck that extended beyond the present footprint.
Board members questioned the permitting and plan history for the house. Alternate Bill Anderson said he was troubled that a certificate of occupancy had apparently been issued without a landing or permanent stairs, asking why a building permit or variance had not been required when the house was rebuilt. Mary Terhune asked whether the deck had been included in the 2016 plans; the current owners were unsure, according to the minutes.
After testimony and questions, the board closed the public hearing. Member Joshua Machnik moved to grant the variance “as requested due to the hardship of a preexisting condition, safety issues and the geometric nature of the property.” Mary Terhune seconded the motion, and it passed unanimously, 4–0.
The record shows the homeowners’ names were not specified in the minutes; the board approved the variance and also accepted the June 13, 2023 minutes during the same meeting. The board adjourned at 7:37 p.m.
What happens next: the minutes state the variance was granted; the record does not specify additional conditions, required permits, or a follow-up timeline for inspections or building permits.
