2023-03-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom March 23, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. Wood, and James Osten Alternate Member: David Williams Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon Coffey, Administrative Clerk Address: 2 Cutler Farm Road The petitioner is requesting SPECIAL PERMIT and TWO (2) VARIANCES section(s) 135-9.4, 135-8.4.2, 135-9.2.2.2, 135-4.3.1 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow modification to non-conforming structure, allow a height of 37.1' instead of the allowed 26.8' and allow 3 stories instead of the allowed 2.5. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, Plot Plan, Topographic Plan, elevations and Gross Floor Area Calculations. 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, the Planning Department, and Conservation Administrator. Presenter: Fredrick Gilgun representing Krishna Allura and Shobitha Nellutla The Hearing was opened at 7:05 pm. Mr. Gilgun presented the petition. He stated the application has been reduced by one variance for the height in stories. Mr. Gilgun showed and reviewed the floor plan. He reviewed the lot and the history of the house. In 1993 the Board of Appeals granted a variance for a carport. The property is non-conforming in lot frontage, lot area and lot coverage. The proposal does not increase front yard encroachment and reduces the encroachment on the side yard by 2 feet. This proposal will create a non-conformity in height as it will be at 36 feet and it is only permitted 27 feet. As for the Variance the property is unique in that it has the three conditions outline in the bylaw; topography, soil condition and lot shape. As noted in the 1993 Variance the Board found those conditions affected this property. At the rear of the property there are wetlands with a no build zone that extends substantially on the rear portion of the lot. The lot is rather level but there is a significant change in grade running form the front to the rear of the property. The lot is trapezoidal in shape. These conditions mitigate in favor of the addition being pushed to the front right-hand corner of the property and being constructed vertically, as well as laterally. He discussed the right of way and stated it eliminates the primary issue of 135-4.3.5. The variance can be granted without derogating from the intent and purpose of the bylaw. The adverse effects of the project will not be more substantially detrimental to the neighborhood. The new home will conform to the character and style of the other homes in the neighborhood. The Special Permit