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Zoning board denies variance to square Spur Lane deck, finds no demonstrated hardship
Summary
The Sherman Zoning Board of Appeals voted 5–0 on April 7 to deny a requested variance that would have reduced the front setback at 8 Spur Lane from 50 feet to 30.5 feet to square an existing deck by 105 sq. ft., concluding the application did not show a unique hardship.
Chair K. Gubner opened public hearing Case 776 for 8 Spur Lane on April 7. Applicant Tony Allen asked the board to allow a 105-square-foot enlargement to square off a cut corner of an elevated deck, seeking a front-setback variance from 50 feet to 30.5 feet.
Administrative Clerk Christine Branson confirmed the application file included a certified A-2 survey, a two-page hardship letter, health approval and a photo showing the proposed support post location. Mr. Allen submitted a supplemental document titled “8 Spur Lane, Deck Variance Info, Hilts, LLC Variance Request Supplemental Information” and stated he had obtained wetlands approval for the change.
During deliberations the board discussed property topography and reviewed the hardship statement. Several members said they struggled to identify the legally required unique hardship that would justify granting a variance for the modest addition. R. Devine moved to approve the variance; the motion, seconded by K. Fazzone, failed by a 0–5 vote. The requested setback reduction was therefore denied.
The denial leaves the deck in its current nonconforming configuration unless the applicant pursues other compliance options or a revised application. The board proceeded to the next agenda item after recording the vote.
