2023-10-12-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Virtual, Via Zoom October 12, 2023 Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, James A. Osten, and Martha C. Wood Alternate member: Scott Cooper Administrative Staff: Julie Krakauer Moore, Zoning Administrator and Sharon Maguire 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 on a Hearing held on August 24, 2023. Presenter: Savik Kinger Mr. Kinger presented the petition. He reviewed the request and stated at the last hearing the Board asked for them to adjust the Variance request so that it only protrudes as far as needed for the accessory apartment. Mr. Kinger showed the adjusted plans. There we no questions from the Board. There were no questions or comments from the audience. The Zoning Administrator, Julie Krakauer Moore, stated there was one change to the plans that was not addressed. This was the removal of the one-story porch, which increases the maximum height. This does not require a variance as it is Zoning compliant. The Hearing was closed at 7:14 pm (a roll call vote was taken: Ralph D. Clifford– Yes, Norman P. Cohen– Yes, Scott Cooper – Yes, James A. Osten – Yes and Nyles N. Barnert – Yes). Chair, Ralph D. Clifford, stated even though the Bylaw does not specifically indicate ADA is a reason for a Variance, Federal Law does.