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Board told it may only act on advertised 3.7-foot variance after application edits
Summary
Town staff and the building commissioner told the Zoning Board the board could not approve a four-foot request that was not what the legal notice advertised; an amended application and re-notice would be required for 4 feet.
During discussion of a variance request for 51 Cottage Street, town staff told the board that the published legal notice limits what the board may authorize. Nicole Salvo, the executive assistant, told the board: “So we cannot authorize a variance for 4 feet. If they would now like to request 4, we can, amend the application and renotice.”
The issue arose after the applicant’s representative indicated they would prefer an even 4-foot side-yard relief rather than the 3.7 feet shown in the building inspector’s letter. Steve Solari, the building commissioner, advised the board that voting on the advertised 3.7-foot request was appropriate and that later adjustments by the applicant that make the house less nonconforming would be covered by the approved envelope. The board amended its motion and voted to approve the advertised 3.7-foot variance.
