2016-11-10-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room November 10, 2016 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Martha C. Wood, Ralph D. Clifford, and Associate Member Nyles N. Barnert Also present at the hearing was Alternate Hank Manz Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 6 Bryant Road The petitioner submitted the following information with the application: Nature and Justification. 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 Conservation Administrator, Planning Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) Article 41, subsection 135 -4.4.2 adopted by Town Meeting on March 30, 2016 and section 135 -9.4 to allow a building with gross floor area of 11,078.6 sq. ft. instead of the maximum allowed gross floor area of 9,847.6 sq. ft. The Chairwoman opened the meeting at 7:52 pm by reading the legal notices and described information received from the petitioner. The applicant was absent from the hearing. An audience member, Ms. Alison Abdu, stated that she lives across the street from the applicant. The home is out of character for the rest of the neighborhood. Even if the Board denied the Special Permit, they wouldn't have to change the footprint of the house, they would just need to lower the crawl space. They have suffered from the large houses coming into the neighborhood. Ms. Abdu asked why the builder didn't have to retrofit it to the gross floor area allowance at the time the building permit was issued. The Chairwoman, Ms. Krieger, stated that they issued the Building Permit in February after the zoning bylaw at risk period begin. The applicants knew they were operating at risk. If the Board denied the Special Permit, they could alter one of the floors to make the basement a crawl space or change the shape of the structure. Ms. Abdu stated that she wishes that an intervention could have been made earlier. Mr. Richard Canale spoke on behalf of the Planning Board. He had submitted a letter on behalf of the Planning Board regarding this application.