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Board grants 8.5‑foot side‑yard variance for addition at 51 Falconer Street
Summary
The ZBA approved an 8.5‑foot side‑yard variance for Seth Rosenthal to add living and office space, finding alternatives were infeasible and that the addition would not materially harm neighbors, though some members considered the need partially self‑created.
Seth Rosenthal told the Beacon Zoning Board of Appeals on June 16 that he needs an 8.5‑foot side‑yard variance to add a bedroom and a home office at his corner property at 51 Falconer Street. Rosenthal said he explored attic and basement options and determined the east‑side addition was the most affordable and practical solution for his growing family.
Rosenthal described site constraints — utilities, window placement and a sloped backyard — and said the architect plans to use noncombustible Hardie board siding for the new wall that would be 1.6 feet from the property line. “We have a baby due at the beginning of October, and we’re trying to have enough space to live comfortably,” Rosenthal said. A board member asked the building inspector about combustible‑material rules; the inspector said walls parallel to the side yard must be noncombustible within five feet, and the applicant confirmed planned materials meet that requirement.
During deliberations, board members noted the addition’s mathematical substantiality but emphasized practical impact and context — it is a corner lot, the adjacent lot already has close setbacks, and alternatives would be costlier or create other issues. Several members characterized the difficulty as self‑created but nevertheless found that the four statutory factors supported the variance. The board approved the variance by roll call and attached standard timing and fee conditions tied to final land‑use approvals.
The approval allows Rosenthal to proceed with the proposed addition provided he secures the building permit, pays required fees, and meets the construction/CO timelines the board attached.
