2007-11-08-ZBA-min - Laserfiche WebLink

Browse Search

November 8, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1073 Massachusetts Avenue, Map & Lot 0030000096 The relief sought is for a variance in accordance with section 135 -35, Dimensional Controls of the Zoning By -law (CH. 135 of the Code of Lexington) for a side yard set back of 3.4 -feet instead of the required 10 -feet and a special permit in accordance with section 135 -29A to modify a pre- existing nonconforming structure. The Chairman opened the hearing at 7:57 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Historic District Commission and the Zoning Administrator. William Erickson presented the petition for the owners, Sean and Lisa O'Brien. Mr. Erickson, explained that the special permit was sought because the existing non - conforming structure would be modified by an addition to the second floor deck. The variance was sought for two reasons: 1) Because the existing structure was located in greater than 50% of the setback and 2) Because the proposed eaves would further encroach into the setback. The proposed addition would add no additional site coverage. At the hearing Mr. Erickson present a letter of support from 1063 Massachusetts Avenue. The Board questioned when the original part of the house was built which the architect believes to be around 1800. There were no questions from the audience. No one spoke in favor or in opposition of the petition. During the hearing final discussion the Board had no problem with the request and felt that the special permit met the by -law requirements, and that due to the unusual shape of the lot the variance should be granted.