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4 <br />BOA Meeting, December 9, 2010 <br />Minutes of the Lexington Zoning Board of Appeals <br />Selectmen’s Meeting Room, Lexington Town Hall <br />December 9, 2010 <br /> <br />Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams <br />Carolyn C. Wilson and Martha C. Wood <br /> <br />Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning <br />Administrator <br /> <br />Petition Address: 37 Albermarle Avenue, Map 20, Lot 106B and 106C <br /> <br />Petitioner submitted the following with the application for hearing: nature and justification of <br />request; plot plan; elevations; floor plans and letters of support from 38 and 41 Albemarle <br />Avenue and 1 Winn Avenue. <br /> <br />Prior to the hearing, the petition and supporting data were reviewed by the Building <br />Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of <br />Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts <br />Commission Clerk. Comments were received from the Building Commissioner, the Planning <br />Director and the Zoning Administrator. <br /> <br />The Chairman opened the hearing at 7:55 pm by reading the legal notice and described <br />information received from the petitioner relative to the petition. <br /> <br />Joe Ho, owner of the property, presented the position. <br /> <br />The applicant is requesting a special permit in accordance with section 135-35, Table 2, <br />Schedule of Dimensional Controls to allow a 3 story structure instead of the 2 ½ maximum <br />allowed. <br /> <br />The Board had no questions for the applicant. <br /> <br />There were no questions from the audience. <br /> <br />Narbara Najarian of 101 Cliffe Avenue and Richard Spillane of 1 Winn Avenue spoke in favor <br />of the petition. <br /> <br />No one spoke in opposition. <br /> <br />The Chairman closed the hearing at 8:00 pm. <br /> <br />Decision: <br /> <br />On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to <br />GRANT A SPECIAL PERMIT from Ch. 135 of the Code of the Town of Lexington (Zoning <br />Bylaw) § 135-29A with § 135-11 to allow vertical modification of the existing nonconforming <br />structure at 37 Albemarle Street. <br /> <br />