23 Falcone Circle Case Study

Mr. Frank Catapano the current owner of 23 Falcone Circle gave an overview of why he was requesting relief from 12’ primary building setback from the WCD. The current lot is an approved building lot. The current location of the house is very similar to the location that was depicted in the Subdivision application several years ago. When reviewing the project with the Building Inspector it was brought to Mr. Catapano’s attention about the 12’ primary building setback from the WCD. Mr. Catapano submitted an application to the Zoning Board of Adjustment (ZBA) and they recommended that he meet with Commission to discuss the request to encroach into the 12ft setback. Mrs. Dionne clarified for the Commission that this original subdivision proposal was not approved by the Commission or Planning Board but was overturned in court.

Mr. Catapano presented

Tilton was discouraged that the court approved this lot because now the Commission has to deal with the outcome. Mr. Tilton added that the deck on the back might lead to more trees be taking down at the rear which is the most difficult place to police. Mrs. Dionne also added that placement of the deck on the side of the house would lead to greater privacy from the neighbor than having the deck at the rear. Ms. Renaud commented that at the site walk it was visible that the neighbor has already installed a vinyl fence along the property boundary. Mr. Tilton chimed in that when dealing with a tight lot there has to be compromise, you can’t get everything. Ms. Raymond agreed and commented that if you can build a house that will meet the setbacks without the variance then there is no grounds for hardship. Mr. Diener agreed said that you have to work with what’s there and understand the limitations of your property. Mr. Catapano responded that the lot was approved prior to the primary building setback and he did not think that conforming to that setback provided an overall layout that was best for the