State Eases Standards for Variances. ZBA Approves Reduced Setbacks for Berkshire Terrace Home

Report on the Meeting of the Zoning Board of Appeals, August 27, 2026

This meeting was held over Zoom and was recorded.

Present
Everald Henry (Chair), David Ahlfeld, Sarah Morton, David Sloviter, and Francisco Botto (Associate Member). Absent: Craig Meadows

Staff: Steve McCarthy (Licensing Coordinator)

At the close of the meeting, Licensing Coordinator Steve McCarthy informed the Zoning Board of Appeals (ZBA) of a change in state law that may affect future variance requests. Previously, MGL chapter 40A, section 10, stated that to be granted a variance, an applicant must demonstrate that strict enforcement of the zoning bylaw presents unique hardship due to soil, shape or topography of a property, creates a substantial financial or other hardship and that relief causes no substantial detriment to the public good or derogation of the zoning intent—a high bar for an applicant to meet. 

However, recent amendments have eased these strict requirements to prioritize housing production and require permit-granting authorities to balance public-interest benefits against neighborhood detriments, allowing variances to promote housing creation. The revised law pertains only to residential development.

McCarthy said that the town and its legal counsel are still evaluating the implications of this change and will present more information at later meetings. 

ZBA Approves Reduced Front Setback for Berkshire Terrace Screen Porch
The ZBA unanimously approved the request by Berkshire Terrace owner Rebecca Curzon to add a 10-by-16-foot screen porch to the front of her home at 34 Berkshire Terrace, even though the addition would reduce the front setback from 24 feet to 12 feet.

Curzon said that she purchased the home four years ago and plans to age in place. The house had previously been a student rental and was in poor condition. Curzon said that, according to neighbors, the house had been a problem house. Her application states, “The house had been a college rental with a Texas-based landlord, and it was in poor condition. The neighbors told me that it had been the ‘problem house’ in the neighborhood, centrally located, with long Sunday football parties, noise, cars and students everywhere” 

She has made many improvements, but told the ZBA that the front door is around the corner from the driveway and garage and does not even have a walkway to it. Adding the screen porch would permit access to the driveway from the entrance without walking across the lawn. The lot is already nonconforming, as are many of the nearby properties.

ZBA members made a site visit and noted that several of the properties on the street had setbacks of less than 12 feet. ZBA member David Sloviter stated that “this is exactly the type of application we should be supporting. It is an intelligent and appropriate modification of the property.”

David Ahlfield agreed that the increase in the nonconforming element is trivial; he worried about what would happen if the property were sold in the future, but then realized that the special permit would transfer to a new owner, but the screen porch could not be turned into another bedroom without a new special permit being granted.

On-Site Security Guard Coverage No Longer Required at Aspen Heights
The Breckenridge Group, owners of the 115-unit apartment complex at 408 Northampton Road, requested that the requirement for 24/7 on-site security guard coverage be replaced by a resident manager for after-hours coverage when the business staff is no longer present. At the August 13 ZBA meeting, Attorney Tom Reidy of Bacon, Wilson LLC maintained that professional security was not needed, since there were very few disturbances at the property.

Planning staff reviewed the request and suggested replacing the security with an online complaint form that listed phone numbers for residents to contact after hours. No visitors will be allowed access to the interior of the building unless checked in by on-site staff or escorted by a resident.

ZBA members supported the change. Sarah Morton stated that it was consistent with what was done at similar locations in town. The modification to the special permit was approved unanimously.