Bolton Zoning Board delays decision on 15-foot garage variance at 366 West St.

The Bolton Zoning Board of Appeals on April 9 voted unanimously to postpone action on a request by Alex O’Neil for a 15-foot side-yard variance to add onto an existing garage at 366 West St., saying they want all members present for the decision.

Applicant Alex O’Neil and his daughter, Caitlin O’Neil (participating by Zoom), described plans for a roughly 30-by-50-foot garage addition. “The question of the easement has been resolved. There is no easement on either property,” Alex O’Neil said, and the board recorded that Eversource would require the electric pole beside the current garage to be moved at the O’Neils’ expense if the variance is approved.

Rachel Dearborn of Landmark Surveys, who attended and spoke for the applicant, said the property is “fairly level at the top of the hill” where the existing structures sit and that the backyard is “too wet to erect a building,” arguing the rear setback is not an option for the proposed structure. Dearborn also noted errors in the application: the proposed addition is about 1,500 square feet, not 3,000, and a distance listed as 10 feet from the existing garage to the property line should instead read 40 feet.

Board members focused on whether the applicant had demonstrated the statutory hardship required for a variance. Chairman Morris Silverstein read excerpts of Section 8-6 to frame the deliberation. Member Jonathan Treat raised a “very minor concern” about emergency vehicle access to the rear of the property, and Treat and William Pike warned the proposal could reduce the neighbor’s existing setback and affect their view. Silverstein and others noted there is a line of trees that would screen the new structure.

Opinions among members were split on whether alternatives had been adequately explored. Pike urged considering less-encroaching options and warned that granting a large variance could set a townwide precedent. Treat said he drafted an alternate plan shifting the garage toward existing structures to reduce the necessary variance. Josh Machnik said the applicant made a strong case for the proposed placement.

With member Jonathan Treat absent from the remainder of the meeting, the applicant and his representative asked for a continuance so Treat could review prior materials and participate in the decision. William Pike moved to postpone the vote until Treat was available; Tom Lyon seconded. The motion passed unanimously, 5–0–0.

The board also approved the March 12, 2024 minutes (5–0–0) and adjourned at 8:23 p.m. The hearing on ZBA-24-1 will be continued at a future meeting when all members can participate.