2009-12-10-ZBA-min - Laserfiche WebLink

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BOA Meeting, December 10, 2009 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall December 10, 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 Board received a second letter of concern from Samuel and Margaret Chen of 18 Fox Run Lane. This hearing had been continued from the November 12, 2009 meeting. 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. 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. Mr. Chan presented a site plan with changes in the driveway. The Chairman asked the applicant where the drywells for drainage are on the plan. Mr. Chan told the Board that by moving the driveway he was creating a buffer on the right side of the property. He was told that there is a Bylaw that does not allow water runoff to go into another property. The applicant will put a drywell under the driveway for the run off The Board shall make a condition that the drywell be satisfactory to the Building Commissioner. One of the Board members asked about the landscaping buffer on the plot plan. There was no description of what type of plantings there would be. The Board also wanted the planting to be done before an Occupancy Certificate was issued. There were no questions from the audience.