2011-03-10- ZBA-Min - Laserfiche WebLink

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BOA Minutes March 10, 2011 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 10, 2011 Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, John J. McWeeney and Associate Members Ralph D. Clifford and Marilyn K. Kolb Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 22 Prospect Hill Road, Map 33, Lot 173 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations and floor plans. A letter of support was also received from Mr. & Mrs. Tarpinian of 18 Prospect Hill Toad. 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 the Building Commissioner, the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:43 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney John Farrington presented the petition for the owners of the property, Kalpana Sachithandamantham and Balachundhar Subramanian. The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A to allow a side yard setback of 6.4' instead of the required 10 ft; a second variance from section 135-38A to allow a side yard setback of 6.1' instead of the required 10 ft . and a special permit from section 135-29 to allow modification of an existing non-conforming structure. Attorney Farrington explained the narrow front and the grade change to the lot as the hardship to grant the variance. He also addressed the Conservation Administrator’s concern with storm water run off stating that under the Building code they are required to control this. A Board member asked if there has been a soil test yet to determine if there is any ledge on the property. Another Board member asked if it would be possible to make the garage smaller to limit the encroachment to the setback. There were no audience questions. No one spoke in favor or in opposition to the petition.