2017-02-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 23, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Martha C. Wood, Ralph D. Clifford, and Associate Member Hank Manz Also present at the hearing was Alternate James A. Osten Administrative Staff: David George, Zoning Administrator Address: 218 East Street The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Floor Plans. 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 Building Commissioner, and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By - Law (Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-9.4 to allow modification to a non -conforming structure. The Chairwoman opened the hearing at 7:35 pm. Mr. Muhammad Riaz, the homeowner, and Mr. Douglas George, the builder, presented the petition. They are proposing to raze the current ranch and build a 2 - story structure in its place, using the same foundation. There will not be a change in the grade. They will be increasing the non -conformity by raising the home and by extending the overhangs into the front setback. A Board Member, Mr. Hank Manz, asked for clarification on what the applicant is asking for since the letter from staff states there will be an increase in non -conformity and the application states there will be a decrease in non -conformity (that is a mis- understanding. There is a 2 -ft overhang currently that will be removed, causing the non -conformity to be decreased). Mr. Manz asked if that will decrease the encroachment (they will be moving the house 2 ft back from where it currently is). The Chairwoman, Ms. Jeanne K. Krieger, stated that regardless of where the overhang is, the setback may go to the steps. The Zoning Administrator, Mr. David George, stated that the structure is not conforming to begin with and although the applicant is removing the overhang, they are still increasing the height of the structure and therefore increasing the non- conformity. 3