2007-07-12-ZBA-min - Laserfiche WebLink

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July 12, 2007 Minutes 9 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 28 Harding Road The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a side setback of 8 -feet instead of the 15 -feet required and a 5 -foot rear setback instead of the required 15 -feet. The Chairman opened the hearing at 8:47 PM by reading the legal notice and described information received from the petitioner relative to the petition. 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, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator and the Conservation Administrator. Letters of opposition were received from: 51 Gleason Road, 293 Bedford Street and 289 Bedford Street. Attorney John Dignan, representing the owners of the property, Jonathan and Marcia Cue, presented the petition. Attorney Dignan presented pictures of the drainage issues on the property. They feel due to the topography of the soil where they are putting the garage is the only place in the yard that they will not have water issues. The current garage is also non - conforming. The Board asked would the driveway meet the set back requirements. Attorney Dignan said the current stone driveway is 3 -feet from the lot line, the new driveway will be 5 -feet from the lot line. The impervious surface to the left will be removed. When asked by the Board why the garage needed to be so far back the owner stated that the paving contractor and the general contractor felt due to safety issues of turning out of the garage, this would be the best place for the garage.