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: 29 Fairlawn Lane The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Photographs. 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 Office, and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 28 ft 4 in instead of the required 30 ft. The Chairwoman opened the hearing at 7:46 pm. Mr. John Farrington and Mr. Roy Antonelli, the Contractor, presented the petition. They represent Naplex Development, which is managed by MaryBeth Busa. The right side of the house protrudes into the front yard setback by 1 ft 2 in. The lot has all of the reasons to support a variance: topography, lot shape and soil conditions. The final as -built plan shows there is a pond in rear of lot and the back 1/3 of the house is within the 50-100 ft wetland buffer zone. The rear section of the lot between the 50ft and 100ft buffer zone changes grade dramatically — approximately 12ft in a 10 ft span. The front lot line is curved, not straight. If you compare the plot plan submitted for the building permit to the final as -built plot plan, you can see that the house was shifted 4 inches to the left of the left-hand lot line and rotated slightly so that it's shifted 1 inch closer to the right side lot line. The reason for the shift was due to the soil conditions found when the rear foundation footing was dug. The shift resulted in the garage overhang to the right of the house violating the 30 ft front yard setback requirement. The front gutter and part of the overhang can't be removed and roof line cut back. Because of wetland conditions, all roof run off must be contained by gutters and roof pirch into drainage structures. Changing the pitch of the roof would require the entire garage to be re -built. The violation is de minimous. The applicant is requesting a variance from the 30 ft front yard setback requirement to 28 ft 2 inches for the garage overhang area only. 7