2020-03-12-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room March 12, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: Edward McCarthy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 15 Fulton Road The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section(s) 135-9.4 and 135-4.4.3 to allow more gross floor area than otherwise allowed. The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, and Plans. 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: Jack Qui The Hearing was opened at: 7:07 PM. Jack Qui presented the petition. He stated there is inconvenience accessing the attic. The attic contains the furnace, HVAC systems, etc. His father has been diagnosed with knee damage and recently fell down from the pull down stairs. They are not looking to expand the livable area. This is for the safety of accessing the attic. A Board Member, David G. Williams, clarified what was in the attic. He then stated the brochure to sell the house states it includes the finished third floor with a bathroom and a bedroom, why is this (That was misinformation. The pictures submitted shows it is unfinished) There are full sized windows there and they are advertising it as finished. He asked at what point they purchase the house (They bought it when the third floor was insulated). A Board Member, Norman P. Cohen, asked if Mr. Qui lives there and if his parents live there (Yes). He then asked if there was originally going to be a stairway and that was changed (There was the demo of the staircase because the gross floor area did not allow it). The Board has a number of these cases where homes are built and follow zoning. They didn't have to count the attic because it's just a pull down. If they had originally had the stairs that would have counted and made the square footage over what is allowed. Mr. Qui stated they don't need the third floor because the house is big enough. The equipment is in the attic and needs to be accessed safely.