2023-08-24-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom August 24, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Associate Member Scott Cooper Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 13 Donald Street The petitioner is requesting TWO (2) SPECIAL PERMITS and a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-8.4.2, 135-6.7.6, and 135-9.2.2.2 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to allow modification of a nonconforming structure, to allow an expanded accessory apartment, and to allow a side yard setback to be less than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Floor Plans, topographical map, Elevations, Plot Pan, Gross Floor Area Calculations, a Letter from Medical Provider, an Abutter Letter and a PHA Document. 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, Planning Department and the Building Commissioner. The Hearing was opened at 7:11 pm Presenter: Savik Kinger Mr. Kinger presented the petition. He stated they are proposing a remodel and addition to the second floor. This proposal is primarily for his younger adult brother who has special needs on account of his disability. He requires his own space to teach independent living skills that can be done in a safe and supervised manner. He described the proposal and floor plan. A Board Member, James A. Osten, questioned why they needed the Variance for 9 feet instead of just making it 10 feet (They would not be able to meet the regulations set forth by the Health Department). Mr. Osten asked for a detailed description of the entrances, exits and connection to the house (The floor plan was further reviewed). Associate Member, Scott Cooper, questioned if they received a letter of support from the neighbor on the left (Yes). A Board Member, Nyles N. Barnert, stated besides the accessory apartment it looks like they moved into the setback for the master bedroom and the family room. He questioned the justification for that (They intend to have the house flat and uniform). There were no further questions from the Board.