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Zoning board approves dimensional variance for Spruce Street duplex with survey and tree protections
Summary
The Town of Lincoln Zoning Board of Review voted unanimously to grant dimensional variances allowing construction of a two-unit duplex on Spruce Street, adding conditions that a corrected survey be submitted and that substantial trees may only be removed with zoning official approval.
The Town of Lincoln Zoning Board of Review voted unanimously to approve a dimensional variance for Gary and Patricia Bellinger that will allow construction of a two-unit duplex on Spruce Street.
The board’s action resolves a continued application that sought relief from multiple setback requirements. The applicants told the board they had modified their plan since the prior hearing: they moved the proposed building forward and are seeking 5 feet of relief for the front setback, 5 feet on the right side, 10 feet on the left side and 12 feet in the rear (the board and staff discussed these figures on the record). The applicants also said they plan a stepped retaining wall about 10 feet from the property line to limit grading and to spare mature trees.
Neighbors had raised questions about boundary markers and trees. L. Philip Laflamme, who identified himself during public comment, asked the board to note historical runoff problems in the area and told members recent street work with catch basins had reduced prior flooding. “We have had a very bad runoff situation,” Laflamme said, adding that recent improvements had helped.
Board members and staff emphasized that any approval should be tied to accurate measurements and enforceable conditions. Member Kearns, presenting the motion to approve, recommended conditions that would require the applicants to submit a corrected, stamped survey showing the dimensions consistent with the relief granted and to obtain zoning-official approval before removing any trees of substantial size. "They show good faith in working with the neighbors and with the board," Kearns said as he urged approval with the stated conditions.
The motion passed on a unanimous voice vote. The board and staff noted that final building permits, inspections and any required plan corrections must be completed before work proceeds beyond the scope allowed by the variance.
The board’s action legalizes the requested relief but continues to rely on the final, stamped survey and subsequent permitting to enforce the limits approved.
