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HomeMy WebLinkAbout2018-06-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 351 Massachusetts Ave The petitioner submitted the following information with the application: Nature and Justification, Plans, and Photographs. Also received was a request for a waiver of the requirement of a certified plot plan and a letter from the Design Advisory Committee (DAC), dated May 22, 2018. 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. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.4.1 to allow an internally illuminated wall sign. This hearing is a postponement from the May 24, 2018 meeting. The Chairwoman opened the hearing at 7:05 PM. Presenter: Chien Pham Mr. Pham represents LexSpa at 351 Mass Ave. He is applying for a Special Permit to install an internally illuminated sign for his business. His building is set back 100 ft from the sidewalk and it's difficult to locate at night. There are businesses around them that have internally illuminated signs. A Board Member, Mr. Clifford, asked how bright the sign is (the color is green but he doesn't know the total lumens). A Board Member, Ms. Krieger, asked what the hours of illumination would be (10am to 7 pm and the sign would only be on when it's dark outside). A Board Member Associate, Mr. Barnert, asked if the light would affect the homes across the street (the business is 150 ft away from the homes and the light isn't pointed directly at them. The parking lot is already very bright). Page 1 Mr. Barnert asked the applicant why an externally illuminated light wouldn't work (It wouldn't look as nice cosmetically). The Chairwoman, Ms. Wood, read the comments aloud from the Design Advisory Committee (DAC). The DAC did not approve the internally illuminated sign and they recommended it to be externally illuminated. Mr. Clifford asked the Zoning Administrator, David George if it would still require a Special Permit if it was externally illuminated (no, it would not require a review by the Board or the DAC, but it would require a building permit). Ms. Krieger stated that since the hours of operation are only until 7pm, she would vote in favor if there would be a condition that it wouldn't be on past 7pm. The Board Alternate, Ms. Masterman, asked if the sign could potentially be brighter if they had external lighting (Mr. George responded that there would be a review when the building permit was applied for to ensure it didn't exceed guidelines). Mr. Pham told the Board that the sign would look similar to the Citizen's Bank sign. There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:17 pm. Mr. Clifford asked if the bylaw mentions illumination limitation (Mr. George responded that the Building Permit could reflect the illumination limitation). On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a waiver to the requirement of a certified plot plan. On a motion by Nyles N. Barnert, and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-5.2.4.1 to allow an internally illuminated wall sign. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 30 Dewey Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. 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 Planning Office and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:20 pm. Presenter: Niranjan Sathiyavanthan and contractor Brian Pickorello The applicant is requesting a Special Permit to install a front landing. The current entryway is on the side of the house. The existing front yard setback is 29.9 ft. A new front entry and landing would make it easier to get in and out of the house. The proposed landing would cause a 2.2 ft encroachment into the setback. The Chairwoman, Ms. Wood, asked if the owner is going to live in the house after construction (yes). A Board Member, Mr. Williams, asked how large the landing and roof area will be (8.3 ft wide and 4.8 ft from the house. The overhang is 3.10 ft from the house). There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:28 pm. Page 3 On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 9 Sutherland Road The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, and Floor 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 Engineering Department and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 25ft instead of the required 30ft. Presenter: Justin Chrzanowski, Contractor and Kevin Kaminski, Owner The Chairwoman opened the hearing at 7:30 pm. The applicants are proposing construction of a new front porch. The existing structure comes up to the 30 ft setback and the proposed porch would encroach on the setback by 3.5 ft but they requested a 25 ft so they have a little extra room. They also requested a waiver to the request for a certified plot plan. They also handed out a letter from a neighbor in favor of the project. The Chairwoman, Ms. Wood, asked the applicants to elaborate on why a new front porch is needed (there is a retaining wall and hill and building new steps will provide a safer entrance). A Board Member, Mr. Clifford, asked the applicant if the existing steps are usable and if they could be replaced like in kind (yes). Mr. Clifford asked the applicant what the hardship is that would justify a variance (Mr. Kaminski responded that they have difficulty with carrying furniture up the stairs. The house is on a hill and there is a railing. They want to pull in the stairs so they can have more room to bring in furniture or appliances). Mr. Clifford stated that they may want to consider getting a plot plan done because it could mean the difference between a Special Permit and a Variance. Page 5 A Board Member, Ms. Krieger, asked if they will have an overhang (yes). Ms. Wood asked why the applicant doesn't want to have a plot plan done (it's a financial hardship to afford the plot plan. It is a small project and it wouldn't be financially feasible for him to pursue). There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 7:39 pm. There was a discussion of waiving the plot plan. The Zoning Administrator, David George, stated that it was made known to the applicant that asking for a variance was the most conservative approach and that the Building Department may still require a plot plan for the building permit. Mr. Clifford stated that there isn't a compelling hardship and that is why he will be voting against it. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 4-1 (Ralph D. Clifford opposed), to waive the requirement of a certified plot plan. On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board voted 4-1 (Ralph D. Clifford opposed) to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.2.2.2 and 135- 4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a front yard setback of 25ft instead of the required 30ft. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 11 Appletree Lane The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, and Floor Plans. Also received was correspondence from John Farrington, dated June 14, 2018, entitled, "Attachment A" 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. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 7:45 pm Presenter: John Farrington, attorney and Brian Sparrow, contractor Mr. Farrington stated they are asking the Board for a Special Permit for modification to a non-conforming structure. The house is on a large lot and the existing house was built in 1952 and is a ranch house. The total finished area is 1825 sq ft. The basement is unfinished. They are proposing to expand the house, remove the existing 2-car garage and replace it with a new garage with an addition to the rear and above it. They have to replace the existing garage because with the weight of the new addition, they will need new footings. The existing house and the addition comply with the gross floor area. They are proposing 3,359 sq ft in the new first floor and 919 sq ft in the 2nd floor addition. The current structure doesn't comply with the side yard setback and the addition will continue the side yard setback at 11 ft. The height will be 35.2 ft. It's a modest addition and avoids a tear down and preserves a predominantly 1-story home, which is rare. A Board Member, Mr. Williams, asked the applicants why they didn't consider another area on the lot for an addition that would comply with the setbacks (The alternative would be to tear down the structure and re-build a large house but they wanted to Page 7 preserve the existing house. The 2nd floor is going to be a new master bedroom and bath). An audience member from 37 Downing Road, asked if the HVAC and venting system will be on the side yard (Mr. Sparrow responded that all the equipment will be in the rear of the house). A Board Member, Mr. Clifford, asked where the fireplace vents (it vents out within the overhang of the roof). The audience member from 37 Downing Road asked if the fireplace vent will be on the side of the house (Mr. Sparrow stated that there will be a fireplace vent on the side of the house). There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 8:01 pm. On a motion by Jeanne K. Krieger, and seconded by Ralph D. Clifford, the Board voted 4-1 (David G. Williams opposed) to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 46 Downing Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was 1 letter in opposition, 1 letter in support, a petition in support with 9 signatures, dated June 10, 2018, and additional correspondence from Amy Nastasi, dated June 13, 2018. 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. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.4.2 to allow modification to a non-conforming structure. The Chairwoman opened the hearing at 8:02 pm. Presenters: Amy Nastasi, Architect and Cyril Nottot, owner Ms. Nastasi stated that the house was built in 1929. There is an existing small deck and a single car garage. They are trying to get more space in the backyard. The existing garage is very close to the lot line and they are proposing to extend the garage 4 ft along the property line and add a 12 ft car port next to it. They thought that would have less building impact and would allow them to maintain the driveway. They are also proposing a roof deck on top of the garage. They currently share a driveway with their neighbor. There are other homes around them that have upper level roof decks. They wanted to have the garage attached to the house for access reasons. In response to the Zoning Administrator's comments, they marked where they are proposing the garage to be and attached photographs. In an effort to maintain green space, they located the garage and car port next to the existing garage. Having the deck on the garage would allow for more room in the yard. The Chairwoman, Ms. Wood, asked the applicant if they are planning to remove the existing deck and re-surface the area under the car port (yes they are removing the Page 9 existing deck but they are not planning on re-surfacing the driveway). Ms. Wood asked the applicant if they are requesting a waiver to the requirement of a certified plot plan (yes, but they will have a certified plot plan done for the building permit). Mr. Clifford asked the applicant why they can't build a new garage that would comply with zoning (they can't attach it to the house because they have a shared driveway and there would be an issue with the turning radius). Mr. Clifford stated he would be concerned with the deck looming over the right side neighbor and asked if they would have a privacy screen (yes, they could build an arbor or a privacy screen). Ms. Wood asked if the applicants would be open to a condition of the decision to require a privacy screen (yes). A Board Member, Ms. Krieger, stated that it would be difficult to have a deck a couple of feet from the side yard because of the noise. A Board Member, Mr. Williams, stated that there is a guideline that requires a garage to be 5 ft from the property line (the applicant stated that if they moved the garage, they would have to re-construct the doors on the house). A Board Member Associate, Mr. Barnert, asked the applicant if the neighbor's tree impacts the deck (it provides shade over the garage and car port). An audience member, Mr. Ed Natale of 47 Downing Road, asked the applicant for clarification on where the garage is going to be located (in the same place where the existing garage is but 4 ft further towards the back property line. The car port will be behind it). An audience member, Mr. Jordan King of 44 Downing Road, stated that he shares a driveway with the applicant. The tree on his property would overhang the car port not the garage. The driveway has a tight turning radius. He is in favor of the petition. An audience member, Mr. Blake Huynh of 27 Outlook Drive, stated that submitted a letter in opposition of the petition. His property abuts the applicants on the side that has a 1 ft setback. His concern is obstruction of views and encroachment of privacy. It will be 1 ft away from the property line. There are 2 other neighbors in the area that have roof top decks but they aren't 1 ft from the property line. He is also concerned about the potential of noise from having parties on the deck as it is so close to the property line. An audience member, Ms. Judy Huynh of 27 Outlook Drive stated that their bathroom is on the 2nd floor and if there was a deck 1 ft away from the property line it would be too close to her window. An audience member at 37 Downing Road, stated that he doesn't believe that 27 Outlook Drive is conforming in regards to the height. Mr. King of 44 Downing Road stated that if they remove the deck, it would be beneficial for him with backing out of the driveway. Ms. Nastasi stated that she understands that the patio and roof deck are outdoor spaces but they could put a privacy screen on the deck. The Board discussed where a screen would be placed on the deck to keep it further away from the lot line. Mr. George stated that it's looked at in its entirety as a non-conforming structure so they would still need a Special Permit with a screen 7.5 ft from the lot line. There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 8:33 pm. Mr. Clifford stated that he thinks the overall development is too large for the physical space that's there. If the proposal is approved, he would want a condition that the entire deck, including the fence, has to be 7.5 ft and have an opaque privacy screening. Since the garage is coming down, it's an opportunity to make it more conforming. He would also want a condition to have the garage setback 5 ft from the property line. Mr. Williams stated that the setback should be 7.5 ft. The Fire Department requires that the structure be 5 ft away from the property line and he agrees with the concern about deck noise. There is also potential for someone to convert the car port to a garage in the future, which is a concern. Ms. Krieger stated that she doesn't have an issue with the garage being that close but she wouldn't support the roof deck. Mr. Barnert stated that having a condition that the garage be 5 ft away is basically the same as denying it. On a motion made a seconded, the Board voted to re-open the hearing at 8:50 pm. The applicant requested a continuation of the hearing until August 23, 2018. On a motion by Ralph D. Clifford, and seconded by Nyles N. Barnert, the Board voted 5-0 to waive the requirement of a certified plot plan. On a motion by Ralph D. Clifford, and seconded by Nyles N. Barnert, the Board voted 5-0 to continue the hearing until August 23, 2018. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 5 Rumford Road The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, and Photographs. 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 Historical Commission and Zoning Administrator. The petitioner is requesting a VARIANCE 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, Table 2 (Schedule of Dimensional Controls) to allow a rear yard setback of 2.4ft instead of the required 15ft. The Chairwoman opened the hearing at 8:54 pm. Presenter: Attorney Carl Toumayan Mr. Toumayan stated that the previous variance granted had lapsed due to the owner trying to find the right builder. This is an architecturally significant home is a unique shaped lot. The clients propose to construct 12.3 ft by 26.2 ft addition to add a bedroom. The lot meets the area and frontage requirements. The lot is also affected by the slope issue and topography. The slope of 20%. The house was built in the flattest part of the lot. The existing interior layout causes no other place for the structure to go. There is a paper street in between their lot line and the neighbors. In addition to the topography and the lot shape, it is an architecturally significant design and putting the addition in another area would make it architecturally unsound. If the addition were located in a different area, there would be topography issues and interfere with topography issues. The addition is de minimis when compared to the length of the rear lot yard. A Board Member Associate, Mr. Barnert, asked who owns the paper street behind the property (it's not known who owns it). Page 12 A Board Member, Mr. Williams, stated that he knows the neighbors have considered petitioning the Town to add the paper street to their lot. An audience member, Mr. Robin Pak of 32 Laconia St, asked if he can see the plans (The Board showed him the plot plan). Mr. Pak stated that he appreciates the applicants effort to make the addition fit into the surrounding homes. An audience member, Mr. Ruike Wang of 7 Rumford St, also asked to see the plans. On a motion made and seconded, the Board voted to close the hearing at 9:09 pm. Mr. Clifford stated he will be voting against the variance on the grounds that there is a sufficient amount of flat space. The house could also be re-constructed in the same shape. The abandoned fee statute is there to get half the old road transferred to the property owner. Ms. Krieger stated that she voted for it last time and will vote for it again. She thinks it's a de minimis improvement. Ms. Wood, Mr. Williams, and Mr. Barnert agreed with Ms. Krieger. There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion by Jeanne K. Krieger, and seconded by Nyles N. Barnert, the Board voted 4-1 (Ralph D. Clifford in opposition) to grant a VARIANCE 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, Table 2 (Schedule of Dimensional Controls) to allow a rear yard setback of 2.4ft instead of the required 15ft. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 525 Marrett Road The petitioner submitted the following information with the application: Nature and Justification, Plot Plan, Elevations, Floor Plans, and Photographs. 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 Planning Office and Zoning Administrator. The petitioner is requesting a VARIANCE 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, Table 2 (Schedule of Dimensional Controls) to allow a side yard setback of 10ft instead of the required 15ft. The Chairwoman opened the hearing at 9:15 pm. Presenters: Chaoyong Ma and Ying Zhou The applicants stated that their petition was approved last year but lapsed. They had been working with their architect and they reduced the scope of the project including reducing the height to 17 ft 4 in. In addition the garage height was lessened to 28 ft. There also isn't living space above the garage, only storage space. The rest of the project remains the same as proposed last year. The Chairwoman, Ms. Wood, asked if the applicants would be okay with the condition mentioned by the Conservation Administrator, Karen Mullins, in the comments (yes). A Board Member Associate, Mr. Barnert, asked if the abutters on the right side have any comments (no). A Board Member, Mr. Clifford, stated he is voting against it because it doesn't justify a variance. The Board discussed what was discussed at the last hearing. Page 14 There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 9:20 pm. On a motion by Nyles N. Barnert, and seconded by Jeanne K. Kreiger, the Board voted 4-1 (Ralph D. Clifford in opposition) to grant a VARIANCE 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, Table 2 (Schedule of Dimensional Controls) to allow a side yard setback of 10ft instead of the required 15ft with a condition to require installation of a limit of work boundary prior to construction as show on the certified plot plan. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 7 Battle Green Road The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans, and Photographs. Also received was a letter in opposition, dated June 12, 2018. 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 Conservation Administrator, Planning Office, and Zoning Administrator. 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, Table 2 (Schedule of Dimensional Controls), to allow a height of 42.1ft instead of the required 40ft and to allow 3.5 stories instead of the required 2.5 stories. The Chairwoman opened the hearing at 9:23 pm. Presenter: Kevin Wagner Mr. Wagner is the owner of the home. They purchased the home on May 20, 2015. The home flooded less than 2 weeks after purchase. They didn't know about the groundwater issues and the seasonable high water table under the home. Both of the heavy duty sump pumps have failed. 1 pump runs continuously for 44 minutes producing 3,168 gallons. During the high water season, both pumps cycle 24 hours continuously. There is no space on the lot to put the water. The groundwater elevation is 2.75 ft and there is standing water in a new home. The previous, smaller house had multiple sump pumps discharging into the town's storm drain and a retention wall in the back. Abutting homes have retention walls and sump pumps. They were denied access to the town's storm drain by the Engineering Department and Conservation Department. The Building Commissioner at the time told him that the sump pumps should be raised up to help with the problem but they still have an issue. There is mold in the basement. 5 Battle Green Road had the same issue and the builder had to raise up the floor before finishing construction. Since construction was finished before the issue was resolved, they are now required to obtain 2 variances for height. They are requesting to increase the height by 3 ft although it's Page 16 only a partial solution though as the footings would still be submerged. The soil testing was done far away from the structure. There was also an occupancy permit issued. The Chairwoman, Ms. Wood asked what other types of mediation have been taken besides the drain (he spoke with a number of engineers when they installed the interior drain who told them the pumps will stop within a week or 2, but they never stopped. The other engineers said that they can't put the water anywhere else and they need a pipe into the storm drain. Another engineer recommended they need to lower the foundation drains. After a week, he decided that wouldn't work and a tic-tac- toe pattern would be needed, but that was denied by the Engineering Dept. The issue is impacting 5 Battle Green Road because they can't infiltrate the water. A Board Member, Mr. Clifford, stated that the problem is not unique to Lexington. Mr. Clifford stated that the basement floor could also be potentially raised. Mr. Williams asked the applicant to describe in layman's terms what he is proposing to do (Because the seasonable high water table is 2.75 ft above the basement floor, they want to raise the basement floor by 3 ft by putting in concrete. This will also raise the 1St floor finished floor by 3 ft, which increases the height of the house by 3 ft). The Board discussed other options that may be possible. The Zoning Administrator, David George, stated that it's considered an additional story because it's above the average national grade. Mr. Williams asked if he is going to raise the total height of the house (Yes). Mr. Wagner stated that this it's not a perfect solution but it at least manages the water and impact on the surrounding environment. Ms. Krieger stated that she doesn't see any other alternative. Audience members, Mr. Bob Ducot and Ms. Joyce Ranney of 2591 Massachusetts Ave, stated their concern is that it would be blocking his house, but they had initially thought that a whole additional story was being added and would now like to rescind the letter they submitted in opposition. An audience member, Mr. Wantzu Liu of 18 Minuteman, spoke in favor of the petition. There were no questions or comments from the audience. There were no further questions or comments from the Board. On a motion made and seconded, the Board voted to close the hearing at 10:02 pm. On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the 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, Table 2 (Schedule of Dimensional Controls), to allow a height of 42.1ft instead of the required 40ft and to allow 3.5 stories instead of the required 2.5 stories. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room June 14, 2018 Board Members Present: Chairwoman, Martha C. Wood, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford, and Associate Member, Nyles N. Barnert Alternate Present: Beth Masterman Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Other Business: 1) Minutes of Meetings from May 24, 2018 Hearing On a motion by Ralph D. Clifford, and seconded by Jeanne K. Krieger, the Board voted 5-0, to approve the minutes of May 24, 2018. On a motion made and seconded, the meeting was adjourned. Page 18