2020-08-27-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 27, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Nyles N. Barnert, Norman P. Cohen and David G. Williams Alternate Member: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 72 Kendall Road The petitioner is requesting a VARIANCE and a SPECIAL PERMIT section(s) 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow 3 stories instead of the required 2.5 and 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, plans, topographical map, and elevations. Also received was gross floor area calculations and abutter letters. 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, The Conservation Administrator and the Zoning Administrator. Presenter: Lane Goldberg, representative of homeowner, Jin Zeng, from construction design management group and Chi Man, civil engineer. The Hearing was opened at 7:30 pm. Lane Goldberg, representative of property owner at 72 Kendall Road, presented the petition. He stated they are proposing a vertical addition. The Conservation Commission issued an Order of Conditions in February 2020. They are now seeking a Variance and a Special Permit from the Board of Appeals. The Variance is to allow 3 stories instead of the required 2.5 stories. The bylaw states the max feet is 40 feet and the proposal is for a maximum of 36.51 feet. The first floor is 7.68 feet and according to the bylaw is considered as story. Due to soil conditions a variance is required for reasonable use of the home. The entire site falls within bordering vegetative wetlands. The hardship results from the conditions on the land and the economic use of the land. It will not change the nature of the neighborhood. The house is existing non-conforming because it has a front yard setback of 29.7 feet. The Special Permit is for the front yard setback. A Board Member, Nyles N. Barnert, stated there is an error in elevation drawings.