Garage and Deck Planned to Stretch Across Lot Line

by Meg Yergin -

On October 15, 2025, the Planning Board reviewed a request for subdivision and site plan approvals for 254 Center Avenue.  The applicant had previously submitted a site plan for this property which included four new town homes on one lot.  However, a recent Code revision changed the district where the project is located from an R-4F to an R-2F zone.  This action resulted in a reduction in the number of homes permitted to be built on the single lot.

In response, the applicant is now seeking to subdivide the lot and build two town homes on each of the new lots for a total of four homes.  The applicant also plans to construct a garage with a terrace on top between the two buildings which will stretch across the new property line and completely fill the minimum side yard of each lot.  However, the need for an area variance to use the minimum side yards for this purpose is not included in the project’s Letter of Determination by the Building Inspector.  See HERE.

254 Center Ave rendering with garage stretched across the property line of two lots.

 Minimum Yard Requirements

Under the Code, minimum yards are to be kept open from ground up with few exceptions.  Building structures in a minimum yard, including garages and decks, generally requires an area variance from the Zoning Board of Appeals (ZBA) to be legal.

Any time new lots are created through a subdivision such as the one requested for this project, the minimum front, rear and side yards required under the Code apply to each of the new lots. See HERE Code Section 342-11.

Purpose of Minimum Yards

The purpose of minimum yard requirements in a zoning code is to ensure that properties are not built too close to the street or neighbors.  They also help to maintain a uniform appearance in a neighborhood, provide greenspace, light and air around buildings, offer emergency response access and support residents’ peaceful enjoyment of their homes. 

Establishing minimum yard requirements in the Code should also reduce friction between neighbors.  The ZBA serves as an objective arbiter if a property owner would like an exception to build within a minimum yard.

Structures in Yards

According to Section 342-14 Building Projections in the Code, the space in any required yard must be open and unobstructed with a few exceptions such as windowsills, bay windows, and exterior stairs.  However, even those exceptions may not project farther than three feet into the yard and not be located closer than five feet to the property line.

A raised deck projecting between two town homes with a garage underneath stretched across two minimum side yards does not conform to the requirements of Section 342-14 and would appear to require a variance from the ZBA.

At the October 15, 2025 meeting, the applicant planned to submit requested information in time to be added to the December 15, 2025 meeting of the Planning Board.