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Committee to revisit last year’s nonconforming-structures rewrite after applicants seek more variances
Summary
Members said a broad rewrite of the nonconforming-structures section left out prior flexibility that allowed controlled expansion; the committee will examine restoring criteria that permit voluntary demolition and limited rebuilding or expansion under special exception rather than forcing variances.
Zoning committee members said last year’s extensive rewrite of the town’s nonconforming-structures rules has created practical problems for property owners and the Zoning Board of Adjustment.
Committee members described how prior language allowed owners to voluntarily tear down dilapidated structures and rebuild or expand under certain criteria without resorting to variances. Under the new language, the ordinance restricts rebuilding to the existing footprint and prohibits expansion unless a variance is obtained, prompting more variance applications to the ZBA.
"When it got rewritten, the provision that allows someone to expand it if they meet certain criteria was eliminated," Paul Moncioni said. "Now everybody is coming in for a variance saying that, 'but I wanna add 8 feet on the roof line' or 'I wanna put a basement under it' — which the zoning ordinance took into consideration previously." MacAother said the committee could consider drafting language that allows voluntary teardown and controlled rebuilding under special-exception criteria, reducing the need for variances.
What happened: the committee agreed the nonconforming-uses section warrants a close review. Members asked staff to compare prior and current ordinance language, locate the earlier expansion-by-criteria provisions, and prepare options for restoring limited expansion under controlled criteria.
What it means: property owners seeking to renovate or repair older, nonconforming structures are now more likely to need a variance; the committee is considering restoring an administrative path to allow rebuilding and measured expansions under a special-exception process.
Next steps: staff will retrieve the previous ordinance language, draft possible restoration language that allows voluntary demolition and controlled rebuilding with criteria to protect public interests, and return the proposals to the committee for review.
