2016-08-11-ZBA-min - Laserfiche WebLink

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BOA Meeting August 11, 2016 2 The Chairwoman, Ms. Jeanne K. Krieger asked how the survey (plot plan) has changed from their previously submitted plot plan (Ms. Donovan stated that in February the surveyor came out and did a plot plan which is the one shown at the first hearing in April. After the continuation of that hearing, Mr. Lessard had the surveyor do a new plot plan. The surveyor found that they had missed monuments in the neighborhood and were approximately 4 ft off in measurement from the original plan. They had based their original design on the first plot plan so needed to re-do their design. The surveyor staked the property lines and the neighbors double checked them by measuring themselves instead of hiring a surveyor to do a plot plan for their property. Ms. Donovan submitted a document signed by the neighbor on 52 Bellflower Street stating that he agrees with the new plot plan, dated August 4, 2016. The Chairwoman, Ms. Krieger, asked if they had spoken to the owner of the property on the other side (No, they didn’t think it was relevant. The house on the left was built 3 or 4 years ago. The neighbor had planted the Arborvitae to mark his lot line which is shown on the plot plan for 48 Bellflower). A Board Member, Mr. James A. Osten, asked for clarification of the side setback (the correct number is 8.7 ft) Ms. Donovan stated that she remembers Ms. Wood asking them to talk to neighbors around them about what they were doing and presented a petition signed by the neighbors. A Board Member, Mr. David G. Williams, asked how close the driveway will be to the property line (the driveway is 3 ft from the side yard property line in one area and 4 ft in a different area but will stay as is. In the mid-1980s, the owners added another strip to the driveway). A Board Member, Mr. Williams, stated that it is very evident that someone patched the driveway (in order to maintain the 2 car driveway, they would have to dig-out the tree roots. The driveway has been the same since 1985). Mr. Williams stated it might be an issue with the neighbor. Mr. Lessard stated that the current driveway is staying as is. A Board Member, Mr. Williams, asked if the neighbor at 52 Bellflower is here (no). The Chairwoman closed the hearing at 7:54 pm. On a motion by Martha C. Wood and seconded by James A. Osten, 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 135-8.4.2 and 135-9.4 to allow modification to a non-conforming structure. On a motion by Martha C. Wood and seconded by F. David Wells, the Board voted 5-0 to grant a REQUEST FOR WITHDRAWAL, DATED AUGUST 11, 2016 of a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8.4.1 and 135-9.2.2.2, to allow a side yard setback of 2.3ft instead of the required 7.5ft.