2019-11-14-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room November 14, 2019 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Hank Manz Administrative Staff: James Kelly, Building Commissioner and Sharon Coffey, Administrative Clerk Address: 127 North Street The petitioner is requesting TWO 2 VARIANCES 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 to allow 3 stories instead of the required 2.5 and allow a front-yard setback of 14.4 ft instead of the required 30 ft. The petitioner submitted the following information with the application: Nature and justification, topographic map, and floor plans. Also received was a drainage grading plan. 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, Conservation Administrator, and Zoning Administrator. Presenter: Fredrick Gilgun, attorney and Keith Miller, Architect The Hearing opened at 8:30PM. Mr. Gilgun presented the petition. He stated the existing dwelling is non-conforming sitting18.2 feet from property line. After the first 25 feet the topography slopes 4 feet over the next 40 feet. There is a pond that sits in neighboring parcel to the rear and a 100 year flood plan encroaches onto the property. Both of these affect the soil. The proposed house sits 14.4 feet on the front setback because of the porch and stairs. The 100 year flood zone pushes the structure into the front yard setback. In order to avoid flooding the grade has to change. Under the Wetlands Protection Standards for every 1 foot you add you have to replicate storage area in the flood zone. The property will be filled and re-graded in order to raise the slab of the cellar above flood grade level. When you add the foundation you get the creation of the story. Allowing a variance would not be a substantial detriment. The current lot size would support a home 7,487 sq. ft. It is in a wooded area with nobody behind them. It is keeping with character of many homes. A Board Member, David G. Williams, asked why not propose a house of a more modest size (Mr. Miller responded they worked hard not to maximize the lot, they are almost 3,000 sq. ft. below what they could potentially build). Setbacks were clarified.