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Lakeville ZBA approves special permit to expand preexisting nonconforming house at 4 Marigold Lane; Board of Health deed restriction required

February 28, 2025 | Town of Lakeville, Plymouth County, Massachusetts


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Lakeville ZBA approves special permit to expand preexisting nonconforming house at 4 Marigold Lane; Board of Health deed restriction required
The Lakeville Zoning Board of Appeals voted unanimously on Feb. 27 to grant a special permit allowing an addition and a front‑deck expansion to a preexisting nonconforming dwelling at 4 Marigold Lane. The applicant was represented by attorney Craig Hartwell; the board approved the plans conditioned on the Board of Health’s receipt of a recorded two‑bedroom deed restriction before the issuance of a building permit.

Craig Hartwell told the board the petition seeks a finding that the proposed alteration "is not substantially more detrimental than the existing structure" and requested a special permit to build the addition as shown on the submitted plans. Hartwell provided measurements the board reviewed: the lot area is 9,787 square feet and current frontage is 65.25 feet; left side setback will remain at 12.5 feet. The proposal would reduce the right side setback from 26.5 feet to 10.6 feet and reduce the front setback from 15.6 feet to 6.5 feet for the new deck; Hartwell noted the proposed deck would not extend beyond an existing ledge at the front of the property.

The board read three department memos into the record. A Jan. 27 memo from the fire chief reminded the applicant that renovations exceeding 50 percent of a structure’s value trigger compliance with the state building code for smoke and carbon monoxide alarms and flagged limited emergency access in the neighborhood. The Board of Health’s Feb. 19 memo stated the existing septic is designed for a two‑bedroom home and directed that the dwelling remain two bedrooms through a recorded two‑bedroom deed restriction; the Board of Health said it would have no objection if it receives the recorded restriction prior to its own hearing. A Feb. 13 planning board memo raised concerns about restricted access for emergency apparatus, proximity between structures at 2 and 4 Marigold Lane after the change, and reduced parking access with the proposed changes.

In response to practical concerns, Hartwell said the proposal will move parking to the front of the house to provide room for two cars, rather than the existing rear parking. Residents who spoke in favor — including Pauline Robello of 3 Marigold Lane and Alan Hoffman of 5 Marigold Lane — told the board they support the application as an improvement that will allow the family to remain in the neighborhood.

A motion to approve the plans as submitted passed unanimously. The approval was conditioned on the Board of Health receiving a recorded two‑bedroom deed restriction at the registry of deeds prior to issuance of a building permit; the board indicated that compliance with the building code provisions cited by the fire chief will be required as part of the permit review.

The board noted it has 14 days to complete paperwork after the vote and will file with the town clerk to start the 20‑day appeal period.

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