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Issue · Concord, MA

ADU Variance Request at 262 Virginia Road

Neighbors argue project is disguised subdivision; board cites insufficient legal hardship evidence on septic, drainage, and character.

Overview

The variance request seeks relief from frontage setbacks to build an 899 sq ft ADU at 262 Virginia Road on a lot constrained by topography and rock shelf. Neighbors have raised concerns that the project is a disguised subdivision and would harm septic systems, groundwater, and neighborhood character. The board has continued the matter to August after closing the public hearing and directing staff to draft a decision.

Background

The ADU variance request at 262 Virginia Road first appeared on the Zoning Board of Appeals agenda in June 2026 when the applicant sought a continuance of the hearing.

On June 11 the board granted the continuance without discussion, approved a site visit for June 25, and scheduled further consideration for the July 9 meeting.

At the July 9 hearing the applicant described an 899 sq ft ADU that would violate frontage setbacks because of topography and a rock shelf, prompting the board to weigh whether the request qualified as a variance under zoning bylaw sections 6.2.4 and 11.7 or as a waiver under newer ADU regulations.

Neighbors testified that the project would function as a disguised subdivision, raise groundwater and drainage problems, exceed septic capacity, and alter neighborhood character through its three-story scale and lack of direct connection to the main house.

After closing the public hearing the board stated it had difficulty identifying sufficient evidence of a unique hardship or absence of substantial detriment to the public good.

The board then unanimously approved a motion to close the hearing and directed the Town Planner and Town Counsel to prepare a formal decision for deliberation at the August meeting.

How it unfolded
Applicant requested and received a continuance of the 262 Virginia Road variance hearing to the July meeting; board approved a site visit for June 25.
2026-06-11Zoning Board Of Appeals
Hearing held on the ADU variance request; public hearing closed after neighbor testimony; board noted insufficient evidence of legal hardship and directed staff to draft a decision for the August meeting.
2026-07-09Zoning Board Of Appeals
Arguments against
The project functions as a disguised subdivision rather than a true accessory unit.
zoning-board-of-appeals 2026-07-09
Against
Septic capacity is inadequate to support the additional unit.
zoning-board-of-appeals 2026-07-09
Against
Groundwater, drainage, and neighborhood character would be negatively affected by the three-story structure and its placement.
zoning-board-of-appeals 2026-07-09
Against
What's next

The Town Planner and Town Council will assist in drafting a formal decision for the August meeting; the board will deliberate on whether to treat this as a variance or a waiver under the ADU regulations.

262 Virginia RoadADUvarianceseptic