2013-03-14-ZBA Minutes - Laserfiche WebLink

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BOA Meeting March 14, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 2013 Board Members Present: Chairman – Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 39 Middleby Road, Map 42, Lot 18A The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan; floor plans and elevations. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:56 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-32C(1) to allow replacement of gross floor area of SPECIAL PERMIT 1,950 sq. ft. to gross floor area of 5,885 sq. ft. and a from section 135-32C to allow reconstruction after destruction of a non conforming structure. Attorney John Farrington presented the petition for the Trustee of the property, Brian Arena representing Waltham Street Realty Trust. At the hearing the Attorney Farrington explained the history of the property and the town taking part of the land on Middleby Road. Attorney Farrington informed the board that there are wetlands on the property and the applicant has gone before the Conservation Commisison and all Conservation issues have been addressed. A Board member asked if the square footage was all 3 levels. (It is based on the basement, first and second floors.) The Chairman told the audience that the Board visits each property on the agenda before the hearings. A Board member asked the applicant to clarify that if the land had not been taken they would have met all the zoning requirements.