HomeMy WebLinkAbout2008-03-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
March 13, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Carolyn C. Wilson and John T. Gilbert
Staff present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner
Petition Address: 3 Patriots Drive, Map and Lot: 0056000079
The relief sought is for a Special Permit in accordance with section 135 -29A of the Zoning
Bylaw to allow modification of an existing non - conforming structure.
The Chairman opened the hearing at 7:30 PM by reading the legal notices and described
information received from the petitioner relative to the petitions.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen,
Zoning Administrator, Planning Board and the Historic District Commission. Comments were
received from the Zoning Administrator.
A letter of support was received from Lou and Lori Campana of 5 Patriots Drive.
John Crabtree presented the petition. The petitioner seeks to remove the existing stairs and
awning and to replace it with a small addition with a window bump out as part of a kitchen
renovation. The degree of non - conformity is being reduced.
A Board member asked about the bulkhead, which has been altered to be within the setback
since the application was submitted.
There were no questions from the audience.
No one spoke in favor or opposition to the petition.
The Chairman closed the hearing at 7:35 pm.
On a motion by Nyles B. Barnert and seconded by Carolyn C. Wilson, the Board voted 5 -0 to
grant the special permit to allow modification of the existing non - conforming structure.
Submitted by: Dianne Cornaro, Clerk
January 10, 2008 ZBA Minutes 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
March 13, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Carolyn C. Wilson, and John T. Gilbert
Staff present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner
Petition Address: 756 Massachusetts Avenue, Map and Lot: 0022000067
The relief sought is for variance in accordance with the Zoning By -Law (Chapter 135 of the
Code of Lexington) section 135 -35, Table 2 Schedule of Dimensional Controls, to allow
construction of a three -story structure instead of the maximum two and one half stories and a
special permit in accordance with the Zoning By -Law (Section 135 -29 A) to allow modification
of an existing non - conforming structure
The Chairman opened the hearing at 7:35 PM by reading the legal notices and described
information received from the petitioner relative to the petitions.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen,
Zoning Administrator, Planning Board and the Historic District Commission. Comments were
received from the Zoning Administrator and the Historic District Commission.
Architect Carl Oldenburg presented the petition for the owner of the property, John Frissore.
The petitioner seeks to extend the dormer on the north side of the property. The location of this
proposed work is on the non - conforming section of the structure and requires the special permit.
Because of the dormer extension, the half story is considered a full story by the Building
Division and requires a variance from the height requirement in stories.
The Board asked if the applicant planned to go before the Historic District Commission. A
Board member also asked what year the house was built.
There were no questions from the audience.
No one spoke in favor or opposition to the petition.
The Chairman closed the hearing at 7:42 pm.
January 10, 2008 ZBA Minutes 3
On a motion by Carolyn C. Wilson and seconded by John McWeeney, the Board voted 5 -0 to
approve the variance in accordance with the Zoning By -Law (Chapter 135 of the Code of
Lexington) section 135 -35, Table 2 Schedule of Dimensional Controls, to allow construction of a
three -story structure instead of the maximum two and one half stories in accordance with plans
submitted.
On a motion by John McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0 to
grant the variance to allow a side yard set back of 5 -ft instead of the required 10 -ft. side yard set
back in accordance with the plans submitted
Submitted by: Dianne Cornaro, Clerk
January 10, 2008 ZBA Minutes 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
March 13, 2008
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Carolyn C. Wilson, and John T. Gilbert
Staff present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner
Petition Address: 7 Lake Street, Map and Lot: 0050000181
The relief sought is for a variance in accordance with section 135 -38 of the Zoning Bylaw to
allow a side yard set back of 5 -ft instead of the required 10 -ft. side yard set back.
The Chairman opened the hearing at 7:43 PM by reading the legal notices and described
information received from the petitioner relative to the petitions.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen,
Zoning Administrator, Planning Board and the Historic District Commission. Comments were
received from the Zoning Administrator and the Historic District Commission.
Architect Carl Oldenburg presented the petition for the owners of the property, Tom Blumenthal
and Leslie Stebbins. The petitioner seeks to add an addition to the rear of the existing structure
and to construct a side yard porch. Because the proposed addition, including porch, would be
closer to the side yard lot line than allowed under zoning, a variance to allow a 5 -ft. side yard
setback is required.
A member of the Board asked about the shed in the back yard that was nonconforming. The
shed had been there since before the present owners bought the house.
Janet Dephoure of 31 Columbus Avenue asked to see the plans. After reviewing the plans she
was in support of the petition.
No one spoke in opposition to the petition.
The Chairman closed the hearing at 7:50 PM
On a motion by Nyles N. Barnert and seconded by John McWeeney, the Board vote 5 -0 to grant
the variance to allow a side yard set back of 5 -ft instead of the required 10 -ft. side yard set back
Submitted by: Dianne Cornaro, Clerk