Zoning Board of Appeals — June 11, 2026
The meeting featured lively discussions regarding site safety, legal precedent, and the technical implications of various zoning variances.
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Public impact
Widespread Accessory Dwelling Unit (ADU) Approvals
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The Board reviewed several applications for ADUs, focusing on parking displacement, septic capacity, and stormwater runoff. Most applicants sought relief due to non-conforming lot characteristics.
The Board approved several ADU permits (199 Muscatquid, 131 Harrington, 411 Bedford, 98 Jenny Dugan) with various engineering and health conditions.
Decisions logged
Topics discussed
▶ 01:04 Continuation of 262 Virginia Road Hearing
The applicant requested to postpone the hearing for 262 Virginia Road until the July meeting; later clarified as a variance request regarding dwelling location requirements in a frontage exception area to allow an ADU.
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The Chair announced that the applicant for 262 Virginia Road requested a continuation without discussion until the July meeting. The Chair also suggested the Board should consider conducting a site visit. The applicant requested a continuance to allow the board to conduct a site visit. The board discussed the logistics of the visit, noting they cannot deliberate on-site. The Board discussed the necessity of a site visit to visualize the preferred location and the specific area related to a fence request, with debate on whether the site needed to be staked.
The hearing was officially continued to the July meeting. The Board approved a motion to schedule a site visit for June 25th at 8:00 AM and to continue the hearing to July 9th.
The hearing will be addressed at the July 9th meeting; a site visit is scheduled for June 25th at 8:00 AM. The Board may discuss a site visit during that time.
▶ 02:43 Special Permit Application: 166 Commonwealth Avenue (Concord Country Store LLC)
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A proposal to renovate a prominent West Concord site into a country store and gas station, including storm water improvements and site plan changes.
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The applicant proposed replacing old underground tanks with double-wall tanks, installing EV chargers, improving storm water management, and adding a pedestrian-friendly porch/arcade. Board members raised concerns regarding ADA compliance (specifically curb cuts and sidewalk dead-ends), the potential for tripping hazards created by certain curb designs, the adequacy of parking (questioning the number of EV vs. regular spaces), and the appropriateness of certain plant species (Red Butts) for a parking lot environment. Public comments focused on the need for bike racks and safe pedestrian/vehicle separation.
The Board did not reach a decision but requested an updated site plan addressing the feedback.
The application is continued to the July 9th meeting at 7:25 p.m.
▶ 1:02:15 Special Permit Application: 111 Pilgrim Road (David and Maria Schubert)
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A request for a special permit to construct a 453 square foot rear deck that extends into a non-conforming side yard setback.
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The architect presented plans for a rectangular deck to replace an existing flagstone patio on a long, narrow lot extending to the Sudbury River. The project requires relief from the side yard setback requirement, moving the setback from 9.8 feet to 5.7 feet. The architect argued the deck's location is constrained by wetland buffer zones and that the site sits adjacent to a paper road, reducing neighborhood impact. Board members expressed concern about setting a precedent for extending non-conforming structures, noting that the applicant could theoretically circumvent setback rules by building a patio first.
The topic was introduced, but the transcript segment ends during the presentation. The board declined to vote immediately, offering the applicant the choice to withdraw, redesign, or continue the hearing.
The hearing was continued to July 9th at 7:30 PM.
▶ 1:31:00 Demolition and Reconstruction at 448 Sudbury Road
An application to demolish a 2,283 sq ft dwelling and construct a 5,780 sq ft two-story home with an attached two-car garage.
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The item was presented as a request for a continuance.
The board approved the request for a continuance.
Scheduled for July 9th at 7:30 PM.
▶ 1:31:50 Garage Reconstruction and ADU at 199 Muscatquid Road
A request to reconstruct a non-conforming detached garage and add an 825 sq ft accessory dwelling unit (ADU).
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The architect sought relief for a roof overhang to improve durability and aesthetics while preserving a historic fieldstone wall. The board discussed whether the setback relief was permissible under ADU-specific bylaws and addressed parking and drainage concerns.
The board approved the special permit with specific engineering and health department conditions.
▶ 1:43:00 Detached ADU at 131 Harrington Avenue
A request to construct a 998 sq ft detached ADU on a legal non-conforming lot.
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The project is intended for multigenerational living. Board members questioned parking displacement and impervious surface impacts, noting the applicant would be upgrading the septic system.
The board approved the special permit with standard and departmental conditions.
▶ 1:59:00 ADU at 411 Bedford Street
A request to construct a large garage/ADU combination on a non-conforming lot.
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The architect clarified that while the total building is large, the ADU component itself is a small portion of the square footage, with much of the space dedicated to a four-car garage and storage.
The board approved the special permit with standard conditions.
▶ 2:01:10 ADU at 98 Jenny Dugan Road
A request for a detached 900 sq ft ADU on a non-conforming lot in a groundwater conservancy district.
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The applicants noted they are also upgrading their septic system. The board discussed the site's character and the lack of frontage.
The board approved the special permit with health and engineering conditions.
▶ 2:12:24 Election of Officers
The Board discussed the potential transition of the Chair position.
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The current Chair proposed serving one more year to allow for a transition period, noting they have two years remaining on their term. Another member expressed interest in the position but suggested the current Chair remain for the upcoming year to allow for further discussion on how the role works.
No formal vote was taken; the Board agreed the current Chair would serve another year.
The Board will have a discussion regarding the Chair position and transition process.
▶ 2:14:52 Approval of Meeting Minutes
The Board reviewed and voted to approve the draft meeting minutes.
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One member noted a minor typo in the draft minutes, but otherwise, no corrections were requested.
The minutes were moved, seconded, and approved.
Controversy & dissent
Potentially controversial issues
166 Commonwealth Avenue Redevelopment
111 Pilgrim Road Deck Construction
Community vs. board tension
Action items
Notable statements
I would strongly advise you that there has to be a curb cut. And I honestly believe that on the other corner needs to be a curve cut as well. — Board Member · Addressing potential ADA accessibility issues regarding the proposed sidewalk and store entrance. ▶ 23:17
That curb there... that's just a lawsuit waiting to happen. — Board Member · Commenting on a specific curb design that may create a tripping hazard for pedestrians. ▶ 50:23
Red Butts in a parking lot. I've yet to see it. It's just it ain't [a good choice]. — Board Member · Critiquing the choice of plant material for the site's landscaped island. ▶ 1:00:02
I'm not sure I want to cross [the line of extending a non-conforming structure]. Because then you can just go put in a patio and then say like, hey, I've got a 940 structure in this in this park and now I can build... a deck on top of it. — Board Member · Discussing the potential precedent of allowing a deck to extend into a setback by building on top of an existing patio. ▶ 1:02:51
The fact that you're like, well, I'm already in the setback, so now kind of all bets are off, is sort of a line that we would like to find a reasoning why we can approve this [only because of the paper road/lack of neighbors]. — Board Member · Debating the unique circumstances of the Pilgrim Road project vs. general zoning rules. ▶ 1:10:48
I would like another year of learning for sure. — Current Chair · Discussing the possibility of stepping down from the Chair position. ▶ 2:13:09
Member positions
Positions marked ~ are inferred from context and may not reflect the member's explicitly stated position. UNCLEAR means the vote was split but the record did not name how this member voted — it is not a “yes.”
Public comment
From the meeting
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grok-4.3, gemma-4-26b, grok-4-fast, grok-4.20-0309-reasoning · analyzed 2026-06-14.