2017-04-13-ZBA-min - Laserfiche WebLink

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is a water table under their lot so they are reluctant to do any foundation work. Mr. Clifford stated that he also doesn't agree that a different type of roof will solve their problem as it could be a problem with the venting. Mrs. Murray stated that the architect told them that an increased pitch would solve the issues and they would need new vents anyway. Mr. Clifford asked if there is any substantial hardship because of the roof (they are trying to avoid significant cost by doing the steeper roof rather than do a rear addition on the home). The Chairwoman, Ms. Jeanne K. Krieger, stated that she is persuaded by their petition and has no issues granting the A Board Member, Mr. Ralph D. Clifford, stated that if this ever went to court, it would be overturned as there is no evidence of a water table and there isn't an evaluation by an architect or engineer. The reason that Town Meeting created the roof height regulation was to minimize the overall height impact on the Town. A Board Member, Mr. Edward D. McCarthy, asked what the applicant would do if they were held to the height requirement (they would look to expand the addition to the back of the house and it wouldn't be possible to have a usable attic space). Mr. McCarthy asked if he has had a water table study done (no, but he is constantly having sump pumps run. The lots next to him are higher so the water comes down into his lot). There were no additional questions from the Board. There were no comments from the audience. The Chairwoman closed the hearing at 8:23 pm. On a motion by Martha C. Wood and seconded by Edward D. McCarthy, the Board voted 4-1 (with Ralph D. Clifford in opposition) to grant a VARIANCE in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2 and 135-4.3.5 to allow the height of a structure to be 34 ft 6 in instead of the allowable 30ft3in. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non -conforming structure. 8