2021-07-22-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Virtual, Via Zoom July 22, 2021 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and Martha C. Wood Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 36 Moon Hill 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) to allow a front yard setback of 20.6 feet instead of the required 30 feet. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Plans, topographic map, Gross floor area calculations and abutter letters. 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, the Planning Department and the Historical Commission. Presenter: Tim Techler, architect on behalf of Victoria Moule and Ignacio Martinez Mr. Techler presented the petition. He stated they modified the proposal to push the garage back to conform to the front setback and are asking for relief of 5 feet for the side yard setback. The side yard setback would be 10 feet. They reduced the size by making a smaller mudroom area and discussed landscape screening. They are asking for this variance on account of the lot shape, topography and adding on to the front of the historic fagade would be far more expensive. A Board Member, Nyles N. Barnert, questioned if the neighborhood association and abutters were okay with this new plan (Yes, no problems). Mr. Barnert then questioned the second story now being labeled a bedroom (That's more of a drafting difference). Chair, Ralph D, Clifford, stated his concern for the compelling need for the Variance. He asked why the homeowners would not be able to use this property without the variance (The neighborhood association and the Historical Commission stated to cover the original fagade would be unfortunate). Mr. Clifford stated there is nothing that allows them to look at history. He asked if it was possible to build a one story garage without the greater setback. The steps going up is what makes it over in the variance (The client has expressed the desire to have this additional space for family. If the second floor were to be moved to the right the stairs would occupy what would be the mudroom and closet). Mr. Clifford stated the need has to be driven by zoning.