2017-06-08-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 8, 2017 Board Members Present: Chairwoman, Jeanne K. Krieger, David G. Williams, Ralph D. Clifford and Associate Member Nyles N. Barnert and William P. Kennedy Administrative Staff: Jennifer Gingras, Administrative Clerk and David George, Zoning Administrator Address: 2561 Massachusetts Avenue The petitioner submitted the following information with the application: Nature and Justification, Topographic Plan, Plot Plan, Elevations, Floor Plans and Photographs. Also received was a request for waiver of certified plot plan and specifications for American Earth Anchors. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, and the Zoning Administrator. Comments were received from the Building Commissioner, Planning Office and Zoning Administrator. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.2.2 and 135-4.1.1, Table 2 (Schedule of Dimensional Controls) to allow a 5 ft rear-yard setback instead of the required 15 ft setback. The Chairwoman opened the hearing at 7:43 pm. The applicant, Mr. Dennis O’Donnell, presented the petition. He is proposing to build a 10 ft x 12 ft shed in his backyard. The location he has selected fits practical access for the yard and would like to request a 5 ft side yard setback instead of the required 15 ft setback. A Board Member, Mr. Ralph D. Clifford, stated that the Board has to determine that there is a substantial hardship in order to grant a Variance (Mr. O’Donnell responded that based on the topography of his yard, he would have to level it in a conforming part of the yard and the cost would be greater). Mr. Clifford stated that there should be a substantial hardship and after viewing the property, has seen it’s not incredibly sloped (Mr. O’Donnell stated that if he stayed within the setback requirements, it would be too close to the house. He also has gates on both sides so he needs to be able to access those. Placing the shed in any other location would impair the use of the rest of his yard). A Board Member, Mr. David G. Williams, stated that a possible solution is to build the shed to be 9 x 12 and back it up to the garage and fireproof the wall. If he did that, he wouldn’t have to request a variance (Mr. O’Donnell asked if there’s any issue with the 3