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Zoning board approves replacement of nonconforming deck at 280 Front Street with footprint condition
Summary
The Lincoln Zoning Board approved a dimensional variance to rebuild a nonconforming deck at 280 Front Street, finding the structure provides a second means of egress and attaching a condition that the replacement not exceed the existing deck's footprint absent stamped engineered measurements.
The Lincoln Zoning Board voted to approve a dimensional variance for 280 Front Street on Dec. 2, allowing the replacement of a previously nonconforming deck so long as the new structure does not exceed the existing footprint without engineered measurements. Chair (the meeting chair) made the motion and the board voted to approve the application.
The applicant, contractor Joseph Fernandez, testified that the new deck will be rebuilt in the same location and will not expand the current footprint. Owner Norman Tashak told the board he bought the property in 2019 and that the deck had been in place before his ownership.
The board reviewed its four criteria for dimensional variances — hardship due to unique land characteristics, that the hardship is not the applicant's prior action, that granting relief will not change the surrounding area's character, and that the hardship is more than a mere inconvenience. Board members and the zoning official discussed permit records and noted no permit or variance was on file for the earlier construction; they agreed the deck appears nonconforming and provides a necessary second means of egress for the second story.
Chair read into the record a technical-review recommendation from the planning board (as summarized by planning staff) stating the deck "appears to be in disrepair and likely provides the second means of egress for the second story; accordingly, the deck is a necessity." The planning board had forwarded a positive recommendation (4–0).
To bridge uncertainty about exact lot lines and engineered dimensions, the board attached a condition that the replacement deck "not exceed the existing location and parameters of the existing structure" unless the applicant provides stamped engineered measurements showing otherwise. The motion passed with the ayes recorded and the application approved.
Next steps: the applicant may file the building permit application; the zoning official and building department will confirm compliance with the board’s footprint condition and any required engineering documentation before issuing permits.
