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HomeMy WebLinkAbout2008-06-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 12, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Leo P. McSweeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 37 Webb Street, Map and Lot: 47 -95 The relief sought is for a Variance in accordance with section 135 -35, Table 2 Dimensional Controls of the Zoning Bylaw to allow a rear set back of 11.8 ft instead of the required 15 ft rear set back 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, and the Planning Board. Comments were received from the Zoning Administrator. Panagiotis Mamouna, owner of the property, presented the petition. At the hearing Mr. Mamouna presented a petition of support signed by 8 abutters. The petitioner seeks a variance from the rear -yard setback to allow construction of an 18.10 -ft. by 9 -ft addition and a porch. Because the proposed addition and deck intrude into the rear -yard setback, a variance is required. Besides, the addition and deck, the applicant proposes an addition to the second floor over the garage and area adjacent to the garage. The expansion to the front of the structure (garage) is approximately 15 -ft. by 23.5 -ft. As part of the remodel/expansion a 12 -ft. by 5 -ft. mudroom/porch will be added to the front of the dwelling. Currently, the house conforms to applicable setbacks. The rear of the structure, presently, is located no closer than 15.2 -ft. from the rear lot line at minimum and approximately 23 -ft. at maximum. The petitioner gave the shape and angle of the lot and the location of the house on the property as the hardship for the variance. The Board asked about the steps and the roof overhang. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:38 PM. June 12, 2008 ZBA Minutes 2 On a motion by Carolyn C. Wilson and seconded by Leo McSweeney, the Board voted 5 -0 to approve the variance in accordance with section 135 -35, Table 2 Dimensional Controls of the Zoning Bylaw to allow a rear yard setback of 11 ft 8- inches instead of the required 15 ft rear yard set back. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 12, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Leo P. McSweeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 94 Winter Street, Map and Lot 90 -25 The relief sought is for a Variance in accordance with section 135 -35A, Table 2 of the Dimensional Control, of the Zoning Bylaw to allow a 16 -ft 6 -in. side -yard set back instead of the required minimum 20 -ft side -yard set back. The Chairman opened the hearing at 7:39 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. Skott Klebe, owner of the property, presented the petition. The applicant proposes to construct a 3.5 -ft. 3.5 -ft. rear landing and steps behind the existing porch at the rear of the structure. Because the addition, intrudes into the side -yard setback, a variance is required. The lot is a corner lot and requires a setback of 20 -ft. In support of the application, the petitioner cites the size and shape of the lot. Previously, in 1991, the structure was modified through the addition of a second floor at the rear of the house and enclosure and expansion of the porch. For this work, a variance was acquired to allow a side -yard setback of 14 -ft. instead of the required 20 -ft. side -yard setback. The Board had no questions for the petitioner. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 7:42 pm. June 12, 2008 ZBA Minutes 4 On a motion by Leo McSweeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to approve the variance in accordance with section 135 -35, Table 2 Dimensional Controls of the Zoning Bylaw to allow a side yard setback of 16 ft 6- inches instead of the required 20 ft side yard set back. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 12, 2008 Board Members Present: Chairman – Arthur C. Smith, Nyles N. Barnert, Leo P. McSweeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 168 Grant Street, Map and Lot: 63 -9 The relief sought is to appeal a decision of the Building Commissioner relative to enforcement of Section 135 -39B of the zoning by -law. The Chairman opened the hearing at 7:42 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. Eileen Reynolds, wife of the applicant, presented the petition. Currently located at the site (168 Grant Street) is a single - family house with a play set. The 168 Grant Street lot abuts the lot at 65 Colony Road —owned by the applicant. The applicant seeks further enforcement for the removal of the abutter's play set. Previous actions by the Building Division were taken on this matter. See letters in file dated November 6, 2006, June 21, 2007, and April 10, 2008, which provide a timeline and description of various actions taken on this matter. The petitioner read a prepared statement to the Board giving a history of the situation with the play set. Mrs. Reynolds referenced a brochure from Cedarworks as part of her testimony. The Board had numerous questions regarding the violation citation that was heard by a magistrate at the Concord court. The magistrate was not a zoning judge and ruled that the citation was denied. The Board also questioned the installation of the play set and discussed at length what was considered a structure in the by -laws. Todd Cataldo, of 168 Grant Street, spoke on his own behalf. He explained he had spoken with the previous Building Commissioner, Steve Frederickson, who had determined that the play set was not a structure because it was not anchored into the ground. June 12, 2008 ZBA Minutes 6 One of the Board members asked if Mr. Cataldo had thought of putting up a fence. He said he had offered and the Reynolds had refused his offer. David George, the Lexington Zoning Administrator, gave a brief history and a timetable of the events leading up to this hearing. There were no questions from the audience. No one from the audience spoke in favor of the petition. No one spoke from the audience in opposition to the petition. The Board Chairman, Arthur Smith, explained that the Board needed to determine if the play set is a structure as defined in the bylaw. He also stated that the court magistrate's ruling has no bearing on this decision. The Chairman closed the hearing at 8:38 pm. Mr. Smith clarified to the Board that the motion needs to be to reverse the decision of the Building Commissioner and four Board members need to be in favor of the petition to reverse the ruling. Mr. Smith read the definition of a structure from the bylaw and the Board spoke at length of the meaning "structure" in the bylaw On a motion by Nyles B. Barnert and seconded by Carolyn C. Wilson, the Board voted, 3 -2, with Carolyn Wilson and Leo McSweeney opposing, to overturn the decision ruling that this is not a structure. The voted needed to be 4 to 1, the Building Commissioners ruling stands as is. Submitted by: Dianne Cornaro, Administrative Clerk June 12, 2008 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall June 12, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 502 Massachusetts Avenue, Map and Lot 14 -4 The relief sought is for the following in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington): a special permit from 135 -28C: to allow subsititution of a nonconforming use, and three variances: 1) From section 135 -28A: to allow a nonconformng use to be expanded; 2) From section 135 -35C and 135 -35A, Table 2, Schedule of Dimensional Controls: to allow a setback of 0 -ft. instead of the required 15 -ft. when a zone line divides a lot; and 3) From section 135 -35A, Table 2, Schedule of Dimensional Controls: to allow a site coverage greater than 15% for a use that requires a special permit. This hearing had been continued from the May 22, 2008 hearing to give the petitioner the opportunity to redesign his plans for the addition. Sepehr Sadeghi, owner of the property, presented the petition along with Colin Smith, Architect for the project. The Board members asked if the petitioner would need to go back to the Historic District Commission and if the petitioner had considered taking the house down and rebuilding. Taking down the house is not an option since the topography of the lot makes what can be done very limiting and it would need approval of the Historic District Commission. One of the Board members commented on the fact that the dwellings were connected and had a concern if a bathroom was allowed to be in a cellar could it cause trouble to both units. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The Chairman closed the hearing at 9:02 pm. Discussion: The Board felt the petitioner came back with what was asked of him to be done. June 12, 2008 ZBA Minutes 8 With the changes in the design it was determined that a variance from section 135 -35A, Table 2, Schedule of Dimensional Controls: to allow a site coverage greater than 15% for a use that requires a special permit was not needed and the petitioner asked for it to be withdrawn without prejudice. On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0 to accept the withdrawal without prejudice for the variance from section 135 -35A, Table 2, Schedule of Dimensional Controls. On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted, 5 -0 to approve the special permit from 135 -28C: to allow subsititution of a nonconforming use. On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted, 5 -0, to approve the variances from section 135 -28A: to allow a nonconformng use to be expanded; 2) From section 135 -35C and 135 -35A, Table 2, Schedule of Dimensional Controls: to allow a setback of 0 -ft. instead of the required 15 -ft. when a zone line divides a lot. Submitted by: Dianne Cornaro, Administrative Clerk