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Commission grants special permit for garage at 31 Oak Street with deed-restriction on heights
Summary
The commission approved a special permit allowing a new garage that exceeds maximum building coverage by 662 sq ft at 31 Oak Street, conditioned on deeding height restrictions (1,311 sq ft) to 18 feet or less to offset the increased coverage.
Planning commissioners approved a special permit on March 25 allowing a homeowner at 31 Oak Street to build a garage that exceeds maximum building coverage, provided the owner records deed restrictions limiting the height of specified portions of property to 18 feet or less.
The request sought relief under section 3.7(e) of the zoning code because the proposed detached garage increases building coverage beyond the b-residence zone limit. Rob Lorenzo, the property owner, described a two-car tandem garage sited alongside the house that keeps the structure’s visible height at 18 feet; he said the second-story space will be non-habitable attic/storage. “Originally, I had designed more of an open space up there, but because of the height restriction, it's become just attic storage,” Lorenzo told the commission.
Commission discussion focused on setbacks, deed-restriction mechanics and surveying details. Staff flagged a typographical item on the submitted legend: the deed-restricted area should be shown as 1,311 square feet (garage plus portions of existing building) rather than the 159 that appeared in the left-side legend; the applicant agreed to correct the plans and legend. Commissioners also asked about driveway surface (owner intends to keep gravel), drainage and preservation of hedges and fences along property lines; town staff required an updated survey reflecting the correct deed-restriction areas prior to recordation.
The commission voted to approve the special permit with the condition that the deed restriction(s) limiting the specified portions of the parcel to 18 feet in height be recorded and that the legend on the final survey be corrected to reflect 1,311 square feet of deed-restricted area. The vote was unanimous.
Votes at a glance: 31 Oak Street — special permit to exceed building coverage by 662 sq ft in exchange for deed-restricting 1,311 sq ft to a maximum 18-foot height. Outcome: approved (unanimous). Conditions: record deed restrictions; correct final survey legend.
