Tom Jabarian asked the board to allow an after‑the‑fact 12 by 24 second‑story deck and existing platform that staff measured at about 92 feet from the ordinary high‑water mark rather than the 100‑foot setback required by ordinance. Jabarian said the deck was constructed in 2017 under the belief it met the setback at that time but was later found to be at 92 feet.

Board members who visited the site discussed mitigation options. Tim and others recommended a small vegetated buffer; Tim said the site could support approximately a 10‑foot buffer area and described how a permitted 20x15 recreational area is allowed by ordinance. Veronica proposed conditions to mitigate the after‑the‑fact status and potential septic noncompliance.

Veronica moved to approve after‑the‑fact variance 60B25 with three conditions: a 10 by 15 no‑mow zone next to the existing no‑mow area; installation of a compliant septic system by June 30, 2026, prior to issuance of after‑the‑fact land‑use permits; and completion of all violations and permit requirements by June 30, 2026, or the variance becomes null and void. Tim seconded the motion and the board voted unanimously to approve the variance under those conditions.

Applicants and staff noted the owner planned septic work in spring 2026 and that the property had a 50‑plus year‑old patio underlying the deck. Board members flagged short‑term‑rental use as a consideration in timing septic work; the applicant said the cabin is used mostly privately and that the septic was pumped in August.