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

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The builder started building the structure as a non-conforming structure intentionally. (There was no intent to build a non-conforming structure, he's dropping the height). A Board Member, David G. Williams, stated he went to see the basement but could not get in (Happy to have you come back). Chair, Ralph D. Clifford, asked for clarification on which rooms had the lower ceiling height (Not sure which rooms). The Board discussed the square footage of the house. An audience member, Marie-Tristan Rago of 43 Forest Street, questioned the square footage and the maximum. She then stated the neighbors were not informed of the increased gross floor area. Mr. Clifford stated they have a specific way that the square footage is calculated, which differs from the way that a real estate agent would calculate square footage. An audience member, Upasna Chhabra of 7 Forest Street, asked what was passed and what is the proposal asking for (The Zoning Administrator stated in 2016 when the permit was applied for the definition of a crawl space was to have a ceiling height of 7 feet or less. At the time it was a crawl space. The Certificate of Occupancy was issued based on the Zoning Bylaw at the time the building permit was applied for. With the bylaw change in 2017 they changed the definition of a crawl space to have a ceiling height of 6 feet 8 inches. The ceiling height was 6 feet 10 inches at 32 Forest Street. It became a basement by definition. So the gross floor area is over what is allowed because the basement is included whereas the crawl space was not included. It was determined the gross floor area is over what is allowable based on the definition of a basement when we received the Certificate of Occupancy by definition he was not over the gross floor area allowed). Ms. Chhabra then asked if the square footage of the basement is included in the Occupancy permit (The Zoning Administrator replied yes, the smallest ceiling height is 6 feet 10 inches and considered a basement by definition). Mr. Clifford stated zoning changes. Every house that does not comply is considered non- conforming. It is always challenging when construction is happening. If they get their permit and then its announced zoning is changing they are basically grandfathered in. An audience member, Haiging Hu of 34 forest Street, asked what the gross floor area allowed in 2016 and 2017 was. (The Zoning Administrator stated the gross floor area bylaw has not changed in 2019. The only thing that changed was a definition of a crawl space and a crawl space is not counted in your gross floor area). Mr. Clifford stated the gross floor area depends on the size of your lot. It is not a difference in number it's a difference in what counts. Before the change in the bylaw this basement was too low and would not count but after it does count. The number is constant, it's how we calculate the number and we changed the way we look at space under a house. The Zoning administrator stated she did the gross floor area calculation for the lot and it is 6, 466 square feet of allowable gross floor area.