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HomeMy WebLinkAbout2020-01-09-ZBA-min Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 45 Fottler Avenue 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 petitioner submitted the following information with the application: Nature and Justification, and plot plan. 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 and the Zoning Administrator. The applicant requested a withdrawal without prejudice. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to grant a withdrawal without prejudice. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 10 Asbury Street 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 front-yard of 23.9 ft instead of the required 30 ft. The petitioner submitted the following information with the application: Nature and justification, topographic map, 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 and the Conservation Administrator. Presenter: Suhail Oweis The Hearing was re-opened at: 7:04 PM. Mr. Suhail Oweis presented his petition. He stated they moved the canopy from the last plan and they made it with a column and gable. The canopy is not in the setback at all, the setback is 31.9 ft. and the width is 1.8 ft. Chair, Ralph D. Clifford, asked what is in the upper left hand corner of the plot plan labeled "Canopy" and how long has it been there (It is a carport that was there when they bought the house in June). Mr. Clifford stated it is on the property line and it's within side setbacks. He asked if Mr. Oweis would be amenable to removing it (Not at this point). There were no questions or comments from the audience. The Hearing was closed at 7:07 PM. A Board Member, Jeanne K. Krieger, stated there is a compromise but it's acceptable. Mr. Clifford stated he would be voting against this proposal. With a variance there needs to be a substantial hardship and there is not. However, there is a self-caused problem of doing renovations before considering consequences. He stated he does not see any compelling reason why a variance should be granted here. A Board Member, Nyles N. Barnert, stated there alternate option would be to raise the property because there is topographical issues. Mr. Clifford stated there was another door to this property. It's only because of the modifications that this issue is coming up. There were no further questions or comments from the Board. On a motion by Jeanne K. Krieger and seconded by Norman P. Cohen, the Board voted 4-1, 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 front-yard of 23.9 ft instead of the required 30 ft. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, Martha C. Wood, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: Hank Manz Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 127 North Street 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 to allow 3 stories instead of the required 2.5 and allow a front-yard setback of 19.6 ft instead of the required 30 ft. The petitioner submitted the following information with the application: Nature and justification, topographic map, and floor plans. Also received was a drainage grading plan. 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, Conservation Administrator, and Zoning Administrator. Presenter: Fredrick Gilgun, attorney and Keith Miller, Architect The Hearing was re-opened at 7:09 PM. Mr. Fredrick Gilgun presented his petition. He stated the Board expressed concern about the scope of the project as it relates to the hardship and suggested to scale down the size of the structure. The applicant has made substantial modifications. The variance for the height and stories has been removed. The front yard setback has been increased from 14.4 feet to 19.6 feet. It is now less non-conforming than the existing structure. On the new proposed plans one of the garage bays has been eliminated. The depth of the house has changed, it has decreased the height from 39.7 feet to 36.1 feet. It also reduced the gross floor area from 7,487 square feet to 5,907 square feet. They believe they have addressed the concerns form the board. The proposed structure now should qualify under the variance standard. A Board Member, Jeanne K. Krieger, asked the applicant to address the comment from the conservation administrator (Mr. Miller stated the international building code has a requirement of one foot above the flood plain. However, the Massachusetts version of the building code requires no more than one foot above the flood plain, so it can be equal to what's there. There are also FEMA requirements to floor plains, there does not appear to be a conflict with that. If there was an issue they would be able to raise the basement floor six inches. Through admin approval they could raise the basement but it does not appear they would need to do that). Mr. Gilgun stated they believe they do meet the standard for a variance and they do satisfy the substantial hardship. He then requested a withdrawal for the height and stories variance. There were no questions or comments from the audience. The Hearing was closed at 7:15 PM. A Board Member, David G. Williams, stated the house is too big for property and he would be voting against the proposal. Ms. Krieger stated she would support this because they have made the accommodations. A Board Member, Norman P. Cohen, agreed with Ms. Krieger's statement. Chair, Ralph D. Clifford, stated he is happy they moved the house five feet back from the road. He believes they have met all three requirements for the variance. This is a lot that they could not build a modern house on without a variance. The proposal is suitable for the lot. There were no further questions or comments from the Board. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, a VARIANCE to allow 3 stories instead of the required 2.5 was approved to be withdrawn without prejudice by a vote of 5-0. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 4-1, 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 allow a front-yard setback of 19.6 ft. instead of the required 30 ft. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 95-97 Bedford Street 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 135-8.2.1 to allow reconstruction of a non-conforming two-family dwelling in the RS (One-Family Dwelling) Zoning District. The petitioner submitted the following information with the application: Nature and Justification, plot plan, and floor plans. Also received at the Hearing on January 9, 2020 was a document showing dimensions of rooms. 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: Joe Marino, Homes Development Corp. and Fredrick Gilgun, Attorney The Hearing was re-opened at 7:19 PM. Mr. Fredrick Gilgun presented the petition. He stated at the first Hearing the Board questioned what would be proposed would be more sustainably detrimental to the neighborhood. The applicant produced architectural plans. A hand out was submitted showing dimensions of rooms. He then explained the units. He reminded the Board that the new structure will eliminate an existing encroachment. It will not be substantially more detrimental to the neighborhood. The architect designed the structure for the site and location. Chair, Ralph D. Clifford, stated if approved whatever is built has to be in substantial compliance with the plans submitted. If there are changes that will need to be worked out with the building department. Minor changes can be approved by the building department and major plans may have to come back to the Board for a modification. There will be a great deal of uncertainty and the staff will make that decision. A Board Member, Nyles N. Barnert, asked if the site plan is where it is going to be (Mr. Marino responded yes). There were no questions or comments from the audience. The Hearing was closed at 7:24 PM. 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 5-0, to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-8.2.1 to allow reconstruction of a non-conforming two- family dwelling in the RS (One-Family Dwelling) Zoning District. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 145 Massachusetts Avenue 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 135-3.4 Table 1, Permitted Uses and Development Standards Line K.1.02 to allow a toga studio in a CRS Zoning District. The petitioner submitted the following information with the application: Nature and Justification, 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 Zoning Administrator, Economic Development, and the Health Department. Presenter: Joya Abbott and John Barry, Attorney The Hearing was opened at 7:25 PM. Ms. Joya Abbott presented her petition. She stated her business is called Wild Ember which will be a yoga studio and also have massage and music lessons. It will be a wellness center for healing and to build community. A Board Member, Nyles N. Barnert, asked how many clients at once (Ms. Abbott responded that she can't say for sure, but the classes would be a maximum of 15 people. The space is 1,898 square feet but the studio will be under 600 square feet). A Board Member, Jeanne K. Krieger, asked what the hours of operation would be (Ms. Abbott responded that it will not always be open, it will only be open during class times). Ms. Krieger suggested a closing time of 9 PM, it is a residential neighborhood (Ms. Abbott agreed). A Board Member, David G. Williams, asked if she would be subletting (Ms. Abbott responded no, she would be hiring people as her employees). Floor plan was explained. Mr. Williams stated there are people who have business on the bike path, they put signs on the bike path. He asked that there be a motion not to have any signs on or near the bike path to the studio. A Board Member, Nyles N. Barnert, asked if they are going to have signage (Ms. Abbott responded yes and they have parameters for all signs and what is allowed). Chair, Ralph D. Clifford, asked what kind of instruments would be used in the studio because this is a residential neighborhood (Ms. Abbott stated she can't say for sure but she would want that room to be sound proof). Mr. Clifford confirmed with Ms. Abbott that she received the comment from the Health Department and is going to comply (Yes). There were no questions or comments from the audience. The Hearing was closed at 7:36 PM. There were no further questions of comment from the Board. On a motion made by Norman P. Cohen and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a waiver request for a certified plot plan. On a motion by Norman P. Cohen and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-3.4 Table 1, Permitted Uses and Development Standards Line K.1.02 to allow a toga studio in a CRS Zoning District with the condition that the business close no later than 9 PM and no signs will be posted on the bike path or directing traffic from the bike path. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 4 Wallis Court The petitioner is requesting TWO (2) SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-9.4, 135-4.4.3 and 135-8.2.1 to allow more gross floor area than allowed and allow an extension of a non-conforming single-family use in the CB (Central Business) Zoning District. The petitioner submitted the following information with the application: Nature and Justification, 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: Colin Smith The Hearing was opened at 7:38 PM. Mr. Colin Smith presented the petition. He stated the petition was reviewed by the Historic District Commission last month and they approved the project. They are asking for two Special Permits. One Special Permit is to expand the non-conforming use. They are proposing a Porte Cochere to protect the cars that park there. The issue is this is a commercial area and people park there frequently. This would further define the zone and protect the cars. He stated they are proposing solar panels as well. The gutters will be put into a drywell, this will increase the capacity of the ground and reduce runoff into the street. The second Special Permit is increasing the gross floor area. When the gross floor area bylaw was proposed it was not written with these properties in mind. Commercial uses in CB District are allowed a floor area of 2.0 and they are less than half that with this addition. A Board Member, Nyles N. Barnert, asked what the difference between this proposal and what they proposed a few months ago (There was some confusion about what setbacks were in the CB District, there is a zero lot line setback. They are compliant with setback requirement the CB Zone). Mr. Barnert questioned how it will be maintained (From below and above. It is within 5 feet of the lot line it will be made of non-combustible cement board product that is painted and has a much longer lifetime). A Board Member, David G. Williams, asked if they could push it back (There is a window and they do not want to block all the light coming into the house). Mr. Williams stated his opposition and asked if it is open on all sides (It is open on three sides, there are no walls. They are not asking for a side yard relief. They are expanding the use, it's already parking). A Board Member, Jeanne K. Krieger, asked what would prevent the next owner from closing this up (Mr. Clifford stated they could put a condition). Chair, Ralph D. Clifford, stated he liked the design but it is on the property line. To do any maintenance they will be trespassing. The requirement is to look at the change in terms of how it will impact the neighborhood. This is problematic. There are two solutions, make is smaller or obtain an easement from the neighbor. The impact on the neighborhood is too extreme. Gerry McGowen, of 4 Wallis Court, stated if they take it back it will block the last open window they have. The neighbor has written a letter in support of the proposal. Next door is a commercial building with parking on that side. Mr. Clifford stated the next door neighbor might not want anybody on the property. Solar panels were discussed. The Board discussed the proposal. The applicant requested a withdrawal without prejudice. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a withdrawal without prejudice. Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 25 Hillcrest Avenue The petitioner is requesting TWO (2) VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-4.1.1 Table 2, Schedule of Dimensional Controls to allow a side yard setback of 16.1 ft instead of the required 20 ft and to allow a 14.1 ft rear yard setback instead of the required 15 ft. The petitioner submitted the following information with the application: Nature and Justification, topographical plan, 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, Building Commissioner, and the Planning Department. Presenter: Brian Hotchkiss The Hearing was opened at 8:00 PM. Mr. Brian Hotchkiss presented the petition. He stated they bought the house in 2015 and it was built in 2014. They are requesting for two variances. They have water issues that is causing damage. The water is running down off the side of the house. Replacing the door would be a short term solution. This is a safety feature. The driveway is on Winship Road. By adding the awning it would add an additional benefit to safety with ice that builds up. By adding the 3 foot awning the setback would be 16.1 feet. A Board Member, David G. Williams, clarified the location of the front door and stated the plans are confusing. Chair, Ralph D. Clifford, stated there is a set of granite steps already in place. The setback goes to the steps. Which would cause a considerably less variance request. He suggested they get a certified plot plan to get the correct distances (They are willing to do that). Mr. Clifford stated if the doors are having these problems they were not installed properly. The flashing is obviously not doing its job. If this can be fixed by repairing the door this could be an important factor. Mr. Hotchkiss requested a continuance. On a motion by Jeanne K. Krieger and seconded by Nyles N. Barnert, the Board voted 5-0, to continue to March 12, 2020 Hearing. Minutes of the Lexington Zoninq Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Nyles N. Barnert and associate member William P. Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Address: 32 Forest Street 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 petitioner submitted the following information with the application: Nature and Justification, plot plan floor plans. Also submitted was a Bylaw relief letter. 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: Mark Salvati, attorney The Hearing was opened at 8:12 PM. Mark Salvati presented the petition. He stated when the house was built the basement was considered a crawl space. When the definition changed in 2017 the crawl space became a basement and is included in the gross floor area. Which makes the total gross floor area over allowable making it non-conforming. By increasing the height in the basement it will not increase the gross floor area. Some of the ceiling height in the basement is under 7 feet and some is over. The proposed increase will not be more detrimental to the neighborhood. They received 20 letters of support and two letters in opposition. One of the letters mentions the Board not setting a president. Basements were able to be finished at ceiling height under 7 feet and not counted towards gross floor area. The Zoning regulation has since changed, no longer can you finish a basement space under 7 feet and have it not counted. Because the house is unique in its zoning the house cannot ever be built this way again and there would be no precedent. A Board Member, Nyles N. Barnert, stated when it was permitted it was not considered a basement but when construction started it was considered a basement. (The building permit was issued prior to) They didn't ask for this change then because it would require a variance. The builder started building the structure as a non-conforming structure intentionally. (There was no intent to build a non-conforming structure, he's dropping the height). A Board Member, David G. Williams, stated he went to see the basement but could not get in (Happy to have you come back). Chair, Ralph D. Clifford, asked for clarification on which rooms had the lower ceiling height (Not sure which rooms). The Board discussed the square footage of the house. An audience member, Marie-Tristan Rago of 43 Forest Street, questioned the square footage and the maximum. She then stated the neighbors were not informed of the increased gross floor area. Mr. Clifford stated they have a specific way that the square footage is calculated, which differs from the way that a real estate agent would calculate square footage. An audience member, Upasna Chhabra of 7 Forest Street, asked what was passed and what is the proposal asking for (The Zoning Administrator stated in 2016 when the permit was applied for the definition of a crawl space was to have a ceiling height of 7 feet or less. At the time it was a crawl space. The Certificate of Occupancy was issued based on the Zoning Bylaw at the time the building permit was applied for. With the bylaw change in 2017 they changed the definition of a crawl space to have a ceiling height of 6 feet 8 inches. The ceiling height was 6 feet 10 inches at 32 Forest Street. It became a basement by definition. So the gross floor area is over what is allowed because the basement is included whereas the crawl space was not included. It was determined the gross floor area is over what is allowable based on the definition of a basement when we received the Certificate of Occupancy by definition he was not over the gross floor area allowed). Ms. Chhabra then asked if the square footage of the basement is included in the Occupancy permit (The Zoning Administrator replied yes, the smallest ceiling height is 6 feet 10 inches and considered a basement by definition). Mr. Clifford stated zoning changes. Every house that does not comply is considered non- conforming. It is always challenging when construction is happening. If they get their permit and then its announced zoning is changing they are basically grandfathered in. An audience member, Haiging Hu of 34 forest Street, asked what the gross floor area allowed in 2016 and 2017 was. (The Zoning Administrator stated the gross floor area bylaw has not changed in 2019. The only thing that changed was a definition of a crawl space and a crawl space is not counted in your gross floor area). Mr. Clifford stated the gross floor area depends on the size of your lot. It is not a difference in number it's a difference in what counts. Before the change in the bylaw this basement was too low and would not count but after it does count. The number is constant, it's how we calculate the number and we changed the way we look at space under a house. The Zoning administrator stated she did the gross floor area calculation for the lot and it is 6, 466 square feet of allowable gross floor area. An audience member, Nani Mcdonnell of 25 Forest Street, asked why they are going through this process (Mr. Clifford stated it is similar to older houses. The house when it was built could exclude the space in the basement because it was not considered a basement it was considered a crawl space. Then the ordinance changed and the house is now bigger than what is allowed because the basement now counts). Ms. Mcdonnell then asked the Boards role in the process (Mr. Clifford stated they are controlled by ordinances and state law. They have to balance the need for change and balance against harms that could occur in the neighborhood). The gross floor area was again discussed. An audience member, Susan Mcleish of 33 Forest Street, asked if they were to have submitted building plans with the basement height on all one level at higher level would the square footage of the house comply with zoning rules at that time (Mr. Clifford responded no, they would not have lowered the basement height if they didn't have to). Ms. Mcleish then stated if this was done initially somewhere else in the house would have been smaller. As an abutter there is an impact on the rest of the neighborhood. There is a bigger house that exists because this was not considered space initially. The letters in support were discussed. Ms. Chhabra stated her concern for the proposal. An audience member, Kevin Colburn of 49 Forest Street, stated his frustration and asked the Board to consider that this is one of multiple moves by the applicant. Ms. Rago stated it is time to follow the rules. Ms. Mcdonald stated her concerns for preserving Lexington. Mr. Salvati stated this is not a calculated event. This was a grueling process. Everything was done under the law. It would not create any substantial determent to the neighborhood as everything is inside. The Hearing was closed at 9:03 PM. Mr. Barnert stated it would have required a variance if it was done before construction. They had a year. A Board Member, William P. Kennedy, stated there is no compelling reason to vote for this. The house has enough space in it now. Mr. Krieger stated she can't support the proposal. This house already exceed gross floor area. Normally when the Board is asked to consider a modification of a non-conforming structure it is for an older house to accommodate a new family. There is no justification for this proposal. Mr. Clifford stated he agrees with what the Board has shared. Mr. Salvati requested a withdrawal without prejudice. On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a withdrawal without prejudice. Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 9, 2020 Board Members: Chair— Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Norman P. Cohen and Nyles N. Barnert Alternate Sitting: William Kennedy Administrative Staff: Jennifer Gingras, Zoning Administrator and Sharon Coffey, Administrative Clerk Other Business: 1. Minutes from the December 12, 2019 Hearing On a motion by Nyles N. Barnert and seconded by Jeanne K. Krieger, the Board voted 5-0 in favor of approving the meeting minutes from the December 12, 2019 hearing. On a motion made and seconded, the Board voted to adjourn.