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ZBA approves detached garage at 38 Oak St.; board cites neighborhood precedent
Summary
The board approved a variance for a detached garage at 38 Oak St. after the applicant reduced the proposed footprint and provided neighborhood comparables and tax-record evidence of a previous barn on the property.
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The Zoning Board of Appeals on March 24 granted an area variance allowing a detached garage at 38 Oak St. in the UR3 district, approving relief for building coverage and several setback variances after the applicant reduced the garage footprint.
Applicant representatives said they decreased lot coverage from an earlier figure and reduced overhangs; engineer Tonya (representing the Newtons) told the board the proposed garage footprint (548 sq ft) is smaller than a barn and shed combination that tax records indicate existed on the lot historically. The applicant said lot coverage was reduced to 46% (a 6% relief from the 40% district limit, described in motion as 15% total relief in the motion language) and that side-setbacks and interior setbacks had been minimized where possible.
Board members discussed consistency with a neighboring property that had previously been granted coverage near 50% in 2017 and noted the lot's small size increases percentage variances. Commissioners said the revised proposal reduced bulk and mass relative to the prior structure and that public comment from neighbors was positive. The drafted motion recited that the undersized preexisting lot contributed to substantiality but that comparables and the prior barn/shed footprint mitigate impacts.
The roll call vote was unanimous (7–0) in favor of the variances; the motion included findings about neighborhood consistency, reduced massing and a note that the new garage would replace a deteriorated prior structure.
