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

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 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: Jennifer Gingras, Zoning Administrator 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 19.6 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 was re-opened at 7:09 PM. Mr. Fredrick Gilgun presented his petition. He stated the Board expressed concern about the scope of the project as it relates to the hardship and suggested to scale down the size of the structure. The applicant has made substantial modifications. The variance for the height and stories has been removed. The front yard setback has been increased from 14.4 feet to 19.6 feet. It is now less non-conforming than the existing structure. On the new proposed plans one of the garage bays has been eliminated. The depth of the house has changed, it has decreased the height from 39.7 feet to 36.1 feet. It also reduced the gross floor area from 7,487 square feet to 5,907 square feet. They believe they have addressed the concerns form the board. The proposed structure now should qualify under the variance standard. A Board Member, Jeanne K. Krieger, asked the applicant to address the comment from the conservation administrator (Mr. Miller stated the international building code has a requirement of one foot above the flood plain. However, the Massachusetts version of the building code requires no more than one foot above the flood plain, so it can be equal to what's there. There are also FEMA requirements to floor plains, there does not appear to be a conflict with that. If there was an issue they would be able to raise the basement floor six inches. Through admin approval they could raise the basement but it does not appear they would need to do that).