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Board allows homeowner to rebuild garage after tree damage; variances required under destruction clause
Summary
The board approved variances to rebuild a detached two-car garage at 29 Henshaw Avenue after a tree fell in March and destroyed the structure; because the damage exceeded the ordinance's destruction threshold, prior nonconforming protections no longer applied and board reapproval was required.
La Barasso, the homeowner at 29 Henshaw Avenue, told the board a tree fell on March 16 and destroyed her garage. She asked to rebuild the detached two-car garage in the same footprint and height as the original structure.
Municipal staff and board members explained the local ordinance's destruction clause: if a structure is more than 50% destroyed, it loses its preexisting nonconforming status and must be brought before the board for setback and coverage approval. The board confirmed the proposed rebuild is in the existing footing and that dimensions would be the same, but that the setback and lot/building coverage numbers require board approval under the ordinance.
Board members expressed sympathy for the homeowner (who reported three cars were totaled by the falling tree) and approved the requested variances. The board advised the applicant on the process for returning to compliance, and there were no public objections recorded during the hearing.
The board moved and approved the application; the applicant was instructed to follow municipal permitting and inspection procedures for the rebuild.
