2021-06-10-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom June 10, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 130 Worthen Road The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.2.2.2 and 135-4.1.1 (Table 2, Schedule of Dimensional Controls) of the Zoning Bylaw (Chapter 135 of the Code of Lexington) to allow 3 stories instead of the required 2.5. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, elevations and gross floor area calculation. Also submitted was abutter letters in support. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Zoning Administrator, Building Commissioner, Conservation Department, and Planning Department. Presenter: Lane Goldberg, attorney, Leonard Saltzman, contractor and Yi Yang, homeowner The Hearing was opened at: 7:43 PM. Mr. Goldberg presented the petition. He stated they plan to construct a vertical addition on the home. They are currently filling to appear before conservation commission. The proposal is 33.1 feet in height which is well under the required height. The basement is considered a story. Due to soil conditions and topography a Variance is required to allow reasonable use of the home. The site boarders Vine Brooke and falls within bordering wetlands. Any expansion, other than vertical, is not permitted. The hardship falls on the use of the land. The property owner is requesting a dimensional variance as opposed to a use variance. The topography and soil conditions create a bigger challenge for this lot in comparison to other lots in that zoning district. They can't expand the footprint. Using the property to build a more suitable living space. Wetlands and technical issue in code with the height of the property. The basement has an egresses issue and makes it illegal to make living space and dampness. Livable one story home. The economic use of that home is constrained. Elderly parents need to move in with them. Most homes in the neighborhood have gone through similar expansions. A Board Member, Jeanne K. Krieger, questioned the existing height (Mr. Goldberg stated 23.8 feet). She then questioned if the height is measured to peak of the roof or the chimney, what is the height of the chimney (Mr. Saltzman stated the existing height of the chimney is about 5 feet. The new one will be to code which is 3 feet above the peak).