2008-08-28-ZBA-min - Laserfiche WebLink

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August 28, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 28, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Member David G. Williams Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 2 Essex Street, Map and Lot: 72 -462 The relief sought is for a variance to allow a front yard setback of 15.25 -ft. instead of the required minimum 30 -ft front yard setback. A variance to allow a side -yard setback 10.76 -ft. instead of the required (exempted) 12 -ft. side yard setback. and a special permit to allow modification of a pre- existing non - conforming structure. The Chairman opened the hearing at 7:55 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Conservation Administrator and the Zoning Administrator. William Bush, owner of the property, presented the petition. Currently located on the lot is a single - family dwelling. The lot size is 10,980 sq. ft. with 80 -ft. frontage. The lot is located in the RS zone. The applicant appeared before the ZBA on May 8, 2008 and received a variance from the front yard setback to allow a front -yard setback of 16.56- 2. instead of the required minimum front yard -set back 30 -ft. The applicant indicates that they are before the ZBA again because they did not seek the appropriate relief earlier. Relief at that time did not include the overhang, and did not take into consideration that a portion of the non- conforming structure would be modified with expansion of the overhang and addition of second story. The petitioner seeks to construct a 26 -ft. by 7.31 -ft. porch to the front of the house. Also, the petitioner seeks to renovate the existing structure, add a second floor, and extend the roof. Because the porch would encroach into the front -yard setback, a variance is required. As justification to grant the variance, the petitioner cites topographic issues affecting the lot. Because a portion of the non - conforming structure will be modified through the second story addition and extended roof, both a special permit to modify the non - conforming structure and a variance are required. Through the addition, the roof will encroach into the side yard setback.