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Minutes of the Lexington Zoning Board of Appeals <br />Selectmen’s Meeting Room <br />September 14, 2017 <br />Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, <br />David G. Williams, Martha C. Wood, and Ralph D. Clifford <br />Alternate Present: Norman P. Cohen <br />Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning <br />Administrator <br />Address: 17 Volunteer Way <br />The petitioner submitted the following information with the application: Nature and <br />Justification, Topographic Plan, Plot Plan, and Floor Plans. <br />Prior to the meeting, the petitions and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the <br />Planning Director, the Historic District Commission Clerk, Historical Commission, <br />Economic Development, and the Zoning Administrator. Comments were received <br />from the Building Commissioner, Conservation Administrator, Planning Office, and <br />Zoning Administrator. <br />The petitioner is requesting a VARIANCE AND SPECIAL PERMIT in accordance with <br />the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and <br />135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a 3-story structure <br />instead of the allowable 2.5 story structure; and 135-9.4 and 135-3.4 (Permitted Uses <br />and Development Standards), Section D.1.04 to allow a temporary structure on the <br />property. <br />The Chairwoman opened the hearing at 7:44 pm. <br />The applicants, Mr. and Mrs. Doug and Nicole Orr, presented the petition. He is <br />nd <br />seeking a variance for the attic to be over 40% of the gross floor area of the 2 floor <br />and a special permit to allow them to keep their current home on the lot while building <br />their new home. <br />A Board Member, Mr. Ralph D. Clifford, asked Mr. Orr how the lot meets the <br />circumstances required for a variance. Mr. Clifford asked if it is a typical lot (yes). Mr. <br />Clifford asked if there is a substantial hardship that would justify a variance (Mr. Orr <br />responded that it is partly for financial reasons but mostly physical reasons. The <br />rd <br />mechanicals will be located on the 3 floor space so they would like to be able to <br />safely access them by a stairway instead of a pull down). Mr. Clifford asked Mr. Orr if <br />he had spoken with the architect to see if it is totally necessary to have that layout <br />(yes, but they would prefer a walk up stairway for safety reasons). Mr. Clifford asked <br />Mr. Orr if they are seeking the staircase because of the convenience (Mr. Orr <br />responded that the hardship would be the convenience. Mrs. Orr stated that it would <br />be unsafe to have a pull down staircase). Mr. Clifford asked if there is any intent to <br /> Page 6 <br /> <br />