2005-06-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals June 23, 2005 Present: Chairman Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Commissioner Martha Wood sitting for Arthur C. Smith. Petition Address: 47 Tarbell Avenue The Chairman opened the hearing at 7:59 PM by reading the legal notice and described information received from the Petitioner relative to the Petition. No comments were received from any Board or Committee. Joseph Su, owner of the property, presented the application for a variance from Section 135 -35, Table 2 Dimensional Controls of the Town of Lexington by -laws along with an updated plot plan. The relief sought is to allow a variance from front and back setback requirements. Questions from the Board: Nyles Barnert: Are you looking for this variance because of the location of the house? Answer: Yes Maura Sheehan: Have you talked with your neighbors about this? Answer: Yes, there are a couple here tonight. John McWeeney: Have you looked into going up rather than out the side? Answer: Yes, we wanted a bigger kitchen and going up wouldn't help that. John: If you omitted the garage couldn't you stay within the variance needed? Answer: Garage only takes up 300 -feet; we wanted to garage to store snow blower, lawn mower. Everything is now being stored in our cellar and it's hard to get out. John McWeeney: The issue is justifying for a variance. A hardship must be proven and needing a garage is not a hardship. Judy Uhrig: We don't have a really good basis for giving a variance. We are trying to be creative to help you out. Nyles Barnert: You have a good shaped and size lot. We have no reason to give you a variance. Answer by Mrs. Su: Cost of putting on a second level is also an issue. Judy Uhrig: If we turn you down you cannot come back with an application for 2- years. You can ask to be withdrawn without prejudice. Petitioner requested to have his application withdrawn without prejudice. On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 -0 to accept the applicant's request for withdrawal without prejudice. Submitted by Dianne Cornaro, Clerk