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Resident asks Bolton planners to ease rules that block adding a second story
Summary
A Bolton resident asked the Planning & Zoning Commission to consider permitting certain changes to nonconforming buildings without a ZBA variance; staff said current rules measure cubic volume and that a variance is likely required, and noted typical survey costs of about $3,000–$4,000 for older homes.
At the Sept. 11 meeting of the Bolton Planning & Zoning Commission, resident Tyler Clark described a need to add a second story to his home at 37 Carpenter Road after his family grew to five with the birth of twins and asked the commission for options to avoid moving away from Bolton. Clark said a survey to support any application would cost “between $3,000.00 - $4,000.00.”
Morris Silverstein, a member of the Bolton Zoning Board of Appeals who spoke in a personal capacity, asked the commission to consider a regulation that would let residents bypass the ZBA for some changes to nonconforming buildings. Silverstein said a recent variance hearing involved a request that fell 8.4 inches short of a 10-foot requirement and that the resident was charged over $300 to present the case to the Board.
Patrice Carson, Consulting Director of Community Development, and Zoning Enforcement Officer Michael D’Amato explained that the town’s regulations measure total cubic dimensions; because a second-story addition increases volume within the setback, staff concluded a variance would be required. Carson said surveys are generally required when a property has no plot plan on file and that variances tied to hardship are more likely to be granted. D’Amato said staff has looked for alternatives but the measurement rules mean an amendment to the zoning text would be needed to change approvals for vertical additions.
Commissioners discussed whether the rules should distinguish between dwellings and outbuildings and whether the current requirements produce an unnecessary burden for homeowners who are not increasing their footprint on a lot. Chairman Tom Manning said he would take the issue back to staff for further review and directed staff to prepare draft language for future consideration.
Votes on the agenda’s procedural items were recorded during the meeting; the PZC approved the August 14 minutes and later adjourned without further action on this item.
