Old Orchard Beach Board of Appeals denies variance for kitchen deck after neighbor objections

The Old Orchard Beach Board of Appeals on Aug. 31 denied a request to reduce a rear setback from 20 feet to 10.5 feet and a left-side setback from 15 feet to 11.5 feet to permit a 10-by-20-foot open deck off a second-floor kitchen.

Adam Goodwin, of Carley Goodwin Incorporated, representing the homeowners Tommy and Vanessa, told the board the plan would “allow us to build a 10 by 20 foot open deck on the rear of the house” and that the kitchen window would be replaced by a door to provide access to the deck so the family could grill without carrying food down stairs. The applicant characterized the change as consistent with other properties in the zoning district.

Neighbor Estelle Margeronis, who lives at 7 Paivia, opposed the appeal and offered photographs. She told the board the proposed deck is “actually literally bigger than my entire 2nd Floor” and said an owner email she received indicated the homeowners might host renters while away. “I am really completely freaked out by that,” Margeronis said, citing concerns about privacy, noise and the deck’s proximity over her bedroom.

During deliberations the chair reviewed the board’s four variance criteria and several members said the application did not meet the burden of proof that a reduced setback was necessary for reasonable use of the property. One board member noted the lot’s physical features and existing interior arrangements meant a deck could be placed without the requested reduction. After discussion a member moved to deny the application; the motion carried on a roll-call vote called by the clerk, and the board denied the variance.

The board’s written decision will be available to parties; appeals to the superior court must be filed within 45 days of the board’s decision.