2018-08-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexinqton Zoninq Board of Appeals Selectmen's Meeting Room August 23, 2018 Board Members Present: Chair— Martha C. Wood, Ralph D. Clifford, Jeanne K. Krieger, David G. Williams, Edward D. McCarthy Alternate Present: James A. Osten Administrative Staff: David George, Zoning Administrator and Jennifer Gingras, Administrative Clerk Address: 152 Burlington Street The petitioner submitted the following information with the application: Nature and Justification, and a Plot Plan. 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 Health Department and Zoning Administrator. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-9.4 and 135-4.3.4 to allow a 3 ft side yard setback instead of a 15 ft side yard setback for a 25 ft utility pole. The Chair opened the hearing at 7:10 pm Presenter: John Farrington, Attorney for Property Owner Mr. Farrington stated that the applicants are asking for a Special Permit to put a utility pole within 3 ft of the lot line for utility service. The property has 125 ft of frontage. The house was demolished and re-built with a front yard setback of approximately 150 ft. The existing utility pole is set on the opposite side of Burlington Street from the property. The electrical provider, NStar, requires the distance from the pole to the house not to exceed 100 ft. If the distance does exceed 100 ft, the lot owner must provide a utility pole on the site. They are proposing the pole to be about 3 ft from the left side lot line. Mr. Farrington included some excerpts from NStar's regulations that covers the detail of span of electric grade. The abutting house on the left side has a pole about 3 ft, 6 inches from the property line. The former house's service was located on the right side of the house and they are proposing it to be relocated to the left side. The proposal meets the requirements of a Special Permit. A Board Member, Mr. Clifford, asked if the pole is just for electric or also used for cable and telephone (he assumes so). Mr. Clifford asked the applicant why the utilities can't be located on the neighbor's utility pole (Mr. Farrington responded that the neighbor is an attorney whose office is adjacent to his and the neighbor strongly feels that the pole should only serve his house). A Board Member, Mr. McCarthy, asked why the utilities couldn't go underground (Mr. Farrington responded that there are soil conditions that may prevent it).