2012-03-08-ZBA-Min - Laserfiche WebLink

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BOA Meeting March 8, 2012 5 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 8, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, Martha C. Wood and Associate Member Jeanne K. Krieger Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 82 Cliffe Avenue, Map 20, Lot 165 Petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan; copies of deeds from 1915, 1917 and 1923 and additional comments from Attorney Thomas Fenn dated March 7, 2012. 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 Director and the Historic Districts Commission Clerk. Comments were received from the Planning Director and the Zoning Administrator. Letters of opposition and concern were received from: Richard Brown & Kim Sichel of 50 Hillcrest Avenue; Bradley and Susanne Dillman of 41 Hillcrest Avenue; Donna Gatti and Ed Filton of 37 Hillcrest Avenue; Roman and Elana Klovski of 78 Cliffe Avenue and Paul Przyjemski of 84 Cliffe Avenue. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. 4 Variances The applicant is requesting in accordance with 135-35A, Table 2, Schedule of Dimensional Controls of the Zoning Bylaw to: 1) allow lot area of 7,131sq ft instead of the required 15,500 sq ft; 2) allow a frontage of 60 ft instead of the minimum of 125 ft; 3) allow a front yard setback of 1.4 ft instead of the required 30 ft; and 4) allow a side yard setback of 4.2 ft instead of the required 15 ft. Attorney Thomas O. Fenn, representing the homeowner Andrea Bell, presented the petition. Ms. Bell has relocated to North Carolina due to a job transfer and was unable to attend the hearing. Attorney Fenn explained to the Board Ms. Bell’s financial hardship upon attempting to sell her home she learned that actions by the previous owner, prior to her ownership, in separating off 2 parcels from his parent’s deed had rendered Ms. Bell’s property non-conforming and thus not meeting local zoning which made this not a saleable property. A Board member asked if the Board was to make this lot legal then would 0 Hillcrest be come legal as well. 0 Hillcrest is already a buildable lot. He also asked if the previous seller would be willing to buy it back from Ms. Bell.