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ZBA reviews code‑cleanup proposals on front stairs, landings and nonconforming‑use enlargements
Summary
Board members reviewed draft zoning‑code edits that would allow staircases and small landings to project into setbacks (with a two‑foot minimum) and would replace percentage rules for enlarging nonconforming residential uses with a four‑factor approval test; the board asked staff to refine definitions and landing‑size limits.
At the June 9 meeting the Zoning Board of Appeals discussed a package of proposed zoning‑code ‘clean‑up’ edits being prepared for the Board of Trustees. The proposed changes aim to clarify measurement points, address front‑yard platform uses and to create clearer standards for enlargements or extensions of nonconforming uses.
On staircases and landings, staff proposed language to permit replacement or reconstruction of exterior stairs, stair landings and ramps to project into required setbacks for safe code‑compliant access, provided the work does not project closer than two feet to a property line. Several board members supported simplifying the rule by exempting stairs themselves from setback limitations while placing a maximum size on exempted landings to prevent them being used as full porches. Building inspector Joe Agostinelli noted building‑code minimum landing dimensions and recommended limiting exempt landings to the practical minimum required for code‑compliant egress.
On nonconforming uses, staff recommended replacing a hard percentage increase allowance (previously 10%) with a four‑factor approval test and requiring ZBA review for any enlargement or extension of a nonconforming residential use. The draft would allow interior‑only expansions (for example, finishing a basement) in some circumstances but keep the ZBA as the oversight body for increases in density or exterior expansions. Board members debated whether interior‑only improvements that do not increase unit counts and meet building and fire‑safety codes should be treated administratively rather than requiring full ZBA review.
Board members asked staff to refine the draft language to (1) give a clear definition of “landing,” (2) explicitly exempt in‑kind replacement of preexisting stairs and small landings from variance requirements, (3) retain a two‑foot minimum setback to avoid encroachments that create adverse neighbor impacts, and (4) clarify when interior expansions should be allowed without ZBA approval versus when ZBA review is required because of density or exterior impacts.
Staff said it will incorporate the board’s comments and bring revised draft language back to the Board of Trustees and to the ZBA for further review.
