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ZBA approves Unit 9 expansion at Tara Acres after deck lowered to patio
Summary
The board approved a 774.57 sq. ft. expansion of Unit 9 at Tara Acres (Chaim Berger) on the condition the existing side deck be lowered and converted to a patio to avoid backfilling and runoff impacts; the town engineer advised backfilling would cause runoff issues.
The Zoning Board approved a variance for Unit 9 at Tara Acres (968 Old Liberty Road) on July 14, 2026, contingent on modifying an existing side deck so it would be classified as a patio and excluded from expansion calculations.
Representatives said the parties reached a compromise at the previous meeting: the existing side deck would be lowered without backfilling so it would be considered a patio and not count toward the addition’s square footage. Town engineer Jim Carnell warned that backfilling the deck could cause runoff problems to neighboring units. The board reopened the public hearing to allow the unit owner’s counsel to attend and, after confirming the side-deck-to-patio modification is feasible, approved the requested expansion subject to that change. A motion to approve the variances as requested, subject to the side deck being lowered to a patio, was made by Jay Mendels and seconded by Phyllis Perry; the motion passed with recorded vocal consent.
