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Dennis ZBA continues contested variance for 14 Judith Ann Road after legal ambiguity over setback averaging
Summary
The ZBA continued the variance request for 14 Judith Ann Road to April 27, 2026, after attorney Paul Revere argued the bylaw’s front‑yard averaging provision is ambiguous when a private lane has only two lots. Board members requested written legal authority and neighborhood design clarifications before ruling.
Attorney Paul Revere presented a variance request on behalf of the owner of 14 Judith Ann Road, a corner lot on a short private lane. The applicant asked the board to interpret or vary the town’s footnote on front‑yard setback averaging, arguing that the bylaw’s averaging mechanism should permit a shorter setback when only two lots front a private lane.
Board and staff members responded that the town has historically applied the footnote in the context of vacant lots and that the language is ambiguous when a corner lot faces a private lane with only two properties. Neighbors spoke in favor of replacing the small existing house but expressed concern about height and massing. Planning staff and several board members emphasized the need for a defensible legal basis for a variance and flagged that the change could set a precedent.
After debate, the applicant agreed to provide legal citations and a written memo supporting the requested interpretation. The board accepted a signed continuation/extension and continued the matter to the April 27, 2026 meeting to allow counsel to submit case law and revised plans if necessary.
What happens next: Applicant counsel will submit supporting case law and any revised plans; the board will review materials and take up the variance at the April 27, 2026 meeting.
