2018-08-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 23, 2018 Board Members Present: Chair— Martha C. Wood, Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Edward D. McCarthy Alternate Present: James A. Osten Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 35 Carville Avenue The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, and a Plot Plan. Also received was a Zoning Board of Appeals decision, dated June 23, 1994. 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 and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a 10 ft rear-yard setback instead of the required 15 ft. The Chair opened the hearing at 7:23 pm Presenter: Lucus Huang Mr. Huang stated that he is asking for a variance to put a deck on the garage. He moved to the property approximately 2 years ago. He found in the Town's records that there was a previous variance granted for a garage in 1994. Originally they wanted to put the deck on the house but there is a bulkhead blocking it. The Chair, Ms. Wood, stated that she wants to clarify that the deck was already built and requested the applicant expand on that (Mr. Huang stated that his contractor had started building the deck without a permit, but he stopped the process approximately 2 months ago so that he could go thru the right procedures and get approval). A Board Member, Mr. Clifford, asked for the applicant to expand on the justification of a variance. Mr. Clifford asked the applicant if it is correct that there are no strange soil conditions, odd lot shape, or significant slope (yes, that's correct). Mr. Clifford asked the applicant if there is a substantial hardship (Mr. Huang responded that the only other place to put the deck would be to attach it to the house and the way the bulkhead egresses, it would hit the deck. The stairs are angled and he would have to destroy the steps and re-angle the cement stairs. The contractor told him that the price to modify the stairs and bulkhead would be the same price as