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Board approves 10‑foot deck extension at 5 Robert Boulevard despite conservation letter
Summary
The Town of Charlton Zoning Board of Appeals unanimously granted a variance and special permit allowing a 10‑foot extension of an existing non‑conforming decks at 5 Robert Boulevard. The Charlton Heritage Preservation Trust submitted a letter raising access and conservation concerns; the board found the extension would not be more detrimental to the neighborhood.
Jennifer Berseron asked the Zoning Board of Appeals on June 30 for permission to extend an existing non‑conforming deck 10 feet at 5 Robert Boulevard to enlarge a lakeside overlook. "We're just looking to go straight out 10 feet," she told the board, adding the extension would not widen the existing footprint and that the house currently sits farther than the original deed restriction's seven‑foot line.
Kurt Mascus, the building commissioner and zoning enforcement officer, reviewed photos and the property's history, saying the subdivision originally allowed seven‑foot setbacks and that the town's 1987 zoning increased setbacks to 15 feet. He noted that the deck expansion would increase a setback nonconformity but that the lot's layout dated to mid‑20th century plats.
The Charlton Heritage Preservation Trust sent a written comment dated June 22 expressing concern that a larger deck could increase the possibility of blocking access to a nearby great blue heron conservation area, noting limited parking and constrained space for forest management on its adjacent 18 acres. The letter said: "If there is no increased potential for access blockage, then we respectfully defer to the ZBA's findings." The board reviewed the letter and discussed whether a 10‑foot deck would change access patterns; members concluded it would not.
After public comment and review, a board member moved to grant the variance for side setback relief and a special permit to extend the pre‑existing non‑conforming use as shown on the submitted plan; the board voted unanimously and the motion carried. The board noted the usual 20‑day appeal period and reminded the applicant that any work within conservation buffer zones also requires separate permitting with the conservation officer.
The board's decision left conditions in place to limit the relief to the structure and plan presented; the applicant was advised to file the variance with the town clerk, allow the appeal period to elapse, record the variance with the Registry of Deeds, and coordinate any conservation approvals before obtaining building permits.
