2020-01-09-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Nyles N. Barnert and associate member William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 32 Forest Street The petitioner is requesting 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. The petitioner submitted the following information with the application: Nature and Justification, plot plan floor plans. Also submitted was a Bylaw relief letter. 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 Zoning Administrator. Presenter: Mark Salvati, attorney The Hearing was opened at 8:12 PM. Mark Salvati presented the petition. He stated when the house was built the basement was considered a crawl space. When the definition changed in 2017 the crawl space became a basement and is included in the gross floor area. Which makes the total gross floor area over allowable making it non-conforming. By increasing the height in the basement it will not increase the gross floor area. Some of the ceiling height in the basement is under 7 feet and some is over. The proposed increase will not be more detrimental to the neighborhood. They received 20 letters of support and two letters in opposition. One of the letters mentions the Board not setting a president. Basements were able to be finished at ceiling height under 7 feet and not counted towards gross floor area. The Zoning regulation has since changed, no longer can you finish a basement space under 7 feet and have it not counted. Because the house is unique in its zoning the house cannot ever be built this way again and there would be no precedent. A Board Member, Nyles N. Barnert, stated when it was permitted it was not considered a basement but when construction started it was considered a basement. (The building permit was issued prior to) They didn't ask for this change then because it would require a variance.