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2023-03-23-ZBA-min
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2023-03-23-ZBA-min
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2023
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Minutes
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Minutes of the Lexington Zoning Board of Appeals <br />Virtual, Via Zoom <br />March 23, 2023 <br /> <br />Board Members: Chair – Ralph D. Clifford, Nyles N. Barnert, Norman P. Cohen, Martha C. <br />Wood, and James Osten <br /> <br />Alternate Member: David Williams <br /> <br />Administrative Staff: Jim Kelly, Building Commissioner, Julie Krakauer Moore and Sharon <br />Coffey, Administrative Clerk <br /> <br />Address: 2 Cutler Farm Road <br /> <br />The petitioner is requesting SPECIAL PERMIT and TWO (2) VARIANCES section(s) 135-9.4, <br />135-8.4.2, 135-9.2.2.2, 135-4.3.1 and 135-4.1.1 Table 2 (Schedule of Dimensional Controls) to <br />allow modification to non-conforming structure, allow a height of 37.1' instead of the allowed <br />26.8' and allow 3 stories instead of the allowed 2.5. <br /> <br />The petitioner submitted the following information with the application: Nature and Justification, <br />Floor Plans, Plot Plan, Topographic Plan, elevations and Gross Floor Area Calculations. <br /> <br />Prior to the meeting, the petitions and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning <br />Director, the Historic District Commission Clerk, Historical Commission, Economic <br />Development, and the Zoning Administrator. Comments were received from the Zoning <br />Administrator, Building Commissioner, the Planning Department, and Conservation <br />Administrator. <br /> <br />Presenter: Fredrick Gilgun representing Krishna Allura and Shobitha Nellutla <br /> <br />The Hearing was opened at 7:05 pm. <br /> <br />Mr. Gilgun presented the petition. He stated the application has been reduced by one variance <br />for the height in stories. Mr. Gilgun showed and reviewed the floor plan. He reviewed the lot and <br />the history of the house. In 1993 the Board of Appeals granted a variance for a carport. The <br />property is non-conforming in lot frontage, lot area and lot coverage. The proposal does not <br />increase front yard encroachment and reduces the encroachment on the side yard by 2 feet. <br />This proposal will create a non-conformity in height as it will be at 36 feet and it is only permitted <br />27 feet. As for the Variance the property is unique in that it has the three conditions outline in the <br />bylaw; topography, soil condition and lot shape. As noted in the 1993 Variance the Board found <br />those conditions affected this property. At the rear of the property there are wetlands with a no <br />build zone that extends substantially on the rear portion of the lot. The lot is rather level but <br />there is a significant change in grade running form the front to the rear of the property. The lot is <br />trapezoidal in shape. These conditions mitigate in favor of the addition being pushed to the front <br />right-hand corner of the property and being constructed vertically, as well as laterally. He <br />discussed the right of way and stated it eliminates the primary issue of 135-4.3.5. The variance <br />can be granted without derogating from the intent and purpose of the bylaw. The adverse effects <br />of the project will not be more substantially detrimental to the neighborhood. The new home will <br />conform to the character and style of the other homes in the neighborhood. The Special Permit
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