2009-11-12-ZBA-min - Laserfiche WebLink

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BOA Meeting, November 12, 2009 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 12, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Martha C. Wood and Associate Member Leo P. McSweeney Staff Present: Dianne L. Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 36 James Street, Map 90, Lot 77 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:47 pm by reading the legal notice and described information received from the petitioner relative to the petition. The Board received a letter of concern from Samuel and Margaret Chen of 18 Fox Run Lane. Vivant Chan, representing the owner of the property Rui Hui Li, presented the petition. Mr. Chan is requesting a variance from section 135 -38 (A) 2 to allow a side -yard setback of 2.9 -ft. instead of the required 7.5 -ft. side -yard setback. The applicant seeks to tear down the existing garage and reconstruct the garage to a greater dimension than the existing structure, as shown on plans submitted with the application. Additionally, the proposed structure would contain living area. The plan was originally to do minor renovations but they found out some of the structure was not built to code and that the garage was about to collapse. T The Board had numerous questions regarding the plans for the garage, the additional space and how it was going to be placed on the lot. They discussed the grade of the land inside the garage sloping up. The garage needs to be moved because a full size car cannot fit into the garage as it is now because of the grading. The Board also questioned the use of the proposed space, the height of the structure and the changes to be made in the driveway and retaining wall.