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HomeMy WebLinkAbout2013-12-12-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Address: 6 Hudson Road, Map 25, Lot 223 This hearing was continued from November 14, 2013 The Chairman continued the hearing by informing the Board of the new plot plan with markings of possible sites for the shed which was received since the November 14, 2013 hearing and thanking the applicant for marking the area where he would like the shed. The petitioner is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature. Christopher Anderson, owner of the property, explained the placement of the shed. No trees will be cut down and he has spoken with his abutters at 34 Spring Street and 4 Hudson Road who have no issues with the placement of the shed. A Board member questioned if the entire structure was above ground (yes). The Board discussed a condition that the special permit shall be assigned only to the owner of the property and would not transfer to a new owner if the property was sold. A Board member thought the new placement plans was a better design but would still like to see him utilize under the deck for more storage. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:39pm. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney. The Board voted, 5-0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow an increase in a nonconforming nature with the condition that this special permit is assigned to the present owner of the property only and will not transfer to new owners if the home is sold. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 409 Massachusetts Avenue, Map 21, Lot 11 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; topographic plan, photographs, Addendum A, copy of ZBA decision dated January 21, 1988, supplemental submission from Attorney John Farrington dated December 5, 2013, a petition of support from approximately 226 customers of Lexington Toyota and a revised planting plan dated November 12, 2013. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from Engineering, Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting Modification of Special Permit in accordance with the Zoning By-Law section 135-9-2-2, 135-9.4.1 and 135-9.4.3 to allow modifications to a landscape plan previously granted in special permit dated January 1988. Attorney John Farrington and Landscape Architect Gary Larson presented the petition for the owner of the property, George Grey of Lexington Toyota. Attorney Farrington gave a brief history of his request for the modification for the landscape condition of the January 1988 decision. They have gone before the Tree Committee to discuss the new landscape plan. Mr. Larson explained to the Board the changes to be made and why he thinks the changes need to be made. A Board member asked Mr. Larson to mark on the landscape plan where the 10 trees were located that were taken down. There were questions from the Board as to the types of trees that were being proposed; how this landscape plan differs from what the DAC and tree committee recommended; how does Mr. Larson justify the smaller tree diameter; questions on the BOA Meeting December 12, 2013 3 soil; how far the trees would be apart; how they are to be watered; what was the rate of growth on the proposed trees and the placement of wheel guards around the trees. John Frey, Chairman of the Tree Committee and a retired registered landscape architect, spoke on behalf of the Tree Committee. Mr. Frey spoke of the recommendations that were approved by the Tree Committee at a meeting held in the morning of December 12, 2013. Gerald Paul of 43 Highland Avenue, also on the Tree Committee, said the number one concern of the Committee was the need to plant where the other trees had been for screening purposes. He presented pictures to the Board showing trees planted that were planted with space between them. Donna Bosco of 410 Massachusetts Avenue spoke of her concern for the health of the trees to be planted with the soil toxic from the poison used to remove the old trees. John Bartenstein of 46 Sanderson Road and a town meeting member from Pricinct 1, spoke in opposition to any modification to the Special Permit. Chris Smith of 418 Massachusetts Avenue recently moved there and was upset to see the trees had been removed. Andrew Gubisch of 430 Massachusetts Avenue encourages replacing all 10 trees since that serves the purpose of the intent of the special permit. Dawn McKenna of 9 Hancock Street, a Town Meeting member from Pricinct 6 and an advoate for Business in town for many years spoke in support to the landscape design submitted by Lexington Toyota. Attorney Farrington spoke of the 1988 decision and purpose of the trees, the screening changes that will be made with a better selected tree. The hearing was closed at 9:08 pm. On a motion by Jeanne K. Krieger and seconded by David G. Williams, the Board voted 5-0 to grant a Modification to the Special Permit granted in January of 1988 in accordance with the Zoning By-Law section 135-9-2-2, 135-9.4.1 and 135-9.4.3 to allow modifications as per landscape plans dated November 12. 2013 with the following conditions: 1. Street trees on the right side of the lot are increased from 5 to seven trees. 2. The caliber of tree shall be 4 to 4 ½ inches 3. Structured soil shall be used to replant trees 4. The applicant shall install a tube used for an irrigation system for manual watering. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 409 Massachusetts Avenue, Map 21, Lot 11 The petitioner submitted the following information with the applications: nature and justification of request; photographs; a letter to acting Building Commissioner dated August 12, 2013 and information from previous meeting submittals for 409 Massachusetts Avenue. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from Engineering, Economic Development and the Zoning Administrator. The Chairwoman opened the hearing at 9:11 pm by reading the legal notices and described information received from the petitioner. Noted was a scribbler’s error in the date of the hearing; the date on the paper legal ad read 2014 instead of 2013. All other notices and postings were correct and parties involved with this hearing were present. The petitioner is appealing an enforcement action of the Zoning Administrator in accordance with section 135-9.2.2.3 with respect to a landscaping condition in a special permit from January 1988 for Lexington Toyota. The applicant, Attorney John Bartenstein, requested the hearing be continued until Thursday, January 23, 2014. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 to continue the hearing until Thursday, January 23, 2013 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1265 Massachusetts Avenue, Map 39, Lot 80C The petitioner submitted the following information with the applications: nature and justification of request and a copy of a ZBA decision dated December 11, 2008. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairwoman opened the hearing at 9:24 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Renewal of a Special Permit in accordance with Table 1, Permitted Uses and Development Standards, Lines P.1.02, C.1.03 and section 135- 9.9.3 to operate a nursery and retail garden center and to extend regular business hours during Spring and Christmas seasons. Laura Hopkins, owner of Season’s Four, presented the petition requesting the special permit be renewed for five years. A Board member thanked Ms. Hopkins for their effort in helping to keep the bike path looking good. There were no questions from the Board. No one spoke in favor or in opposition to the petition. The chairwoman closed the hearing at 9:26 pm. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a renewal of a special permit in accordance with Table 1 (Permitted Uses and Development Standards, lines P.1.02, C1.03 and section 135-9.9.3 to operate a nursery and retail garden center and to extend regular business hours during Spring and Christmas seasons with the following conditions: BOA Meeting December 12, 2013 6 1. Permitted hours of operation are 9:00AM to 5:00PM, seven days a week. 2. Weekday hours of operation are extended to 9:00PM from mid-April to the end of July and from the Friday after Thanksgiving to December 23. The Saturday and Sunday closing hours will remain 5:00PM. 3. These special hours are applicable to retail sales only and do not extend the present hours permitted for receiving and delivering by truck. 4. Lighting on the freestanding sign at Massachusetts Avenue must be extinguished at close of business. 5. Lighting in the selling area shall be on during the selling period of this permit only, and lighting and poles must meet with the approval of the Building Commissioner. All lighting shall be shielded from the Massachusetts Avenue and Ingleside Road residential community. No rooftop display of any kind will be permitted. 6. All refuse, tree branches, clippings, scraps, etc., shall be stored, handled and disposed of in a sanitary manner and all debris including excess trees must be disposed of properly after the sale period comes to an end. 7. If animals are kept on the premises, a permit must be obtained from the Board of Health. 8. This special permit is renewed for five years and will expire on December 31, 2018. Renewal of the special permit is the responsibility of the applicant. The applicant should apply for the renewal eight weeks before the special permit expires. These special permits shall not take effect until the petitioner records at his or her own expense, a copy hereof with the Middlesex South District Registry of Deeds, pursuant to Massachusetts General Laws, Chapter 40A, Section 11, as amended. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 22 Burlington Street, Map 71, Lot 290 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; topographic plan, additional supplemental information dated December 4, 2013, letters of support from Carl Oldenburg of 16 Burlington Street, Nathanial McIntosh of 20 Burlington Street and Robert Coutu of 30 Burlington Street. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 9:27 pm by reading the legal notices and described information received from the petitioner. The applicant is requesting a Special Permit in accordance with Zoning By-Law section 135-4.3.4 to allow erection of a seven ft. fence along the rear of property. Attorney John Farrington, representing the owner of the property, Martha Stanton, presented the petition. At the hearing Attorney Farrington presented a picture of the proposed fence to the Board and explained the need for the extended height. A Board member asked if the fence was 7 ft. at the highest point. (Yes) Ralph and Joyce Deacetis of 3 Nowers Road spoke in opposition to the fence. David George, the Zoning Administrator for the Tow of Lexington, explained the By- Law maximum height of the fence is 6 ft. with an additional 6 inches for supporting posts. This fence does not have any supporting posts. The Chairwoman closed the hearing at 9:56 pm. BOA Meeting December 12, 2013 8 On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 3-2 (with Leo P. McSweeney and David G. Williams opposing) to grant a Special Permit in accordance with Zoning By-Law section 135-4.3.4 to allow erection of a The motion failed. seven ft. fence along the rear of property. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Ralph D. Clifford. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 93 Woburn Street, Map 47, Lot 25 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; topographic plan, porch plans, note of support from Ellen Smith of 95 Woburn Street, Letters of support from Michelle and Guy Jarvis of 97 Woburn Street and Maura Tierney of 93 Woburn Street, drawings of the proposed porch, Will of Michael Joseph McLaughlin, letter of authority dated July 13, 2013 and a copy of Michel McLaughlin’s death certificate. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 9:56 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow a modification of a nonconforming structure. Maura Tierney, owner of the property, presented the petition explaining she seeks to replace an existing nonconforming stoop to enhance the appearance of the existing structure. A Board member asked why the work had been started before she had come before the Board. Ms. Tierney said there was confusion with the contractor not knowing he couldn’t start construction before they received a special permit. There were no questions from the audience. No one spoke in factor or in opposition to the petition. The Chairman closed the hearing at 10:05 pm. BOA Meeting December 12, 2013 10 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow a modification of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 6 Watertown Street, Map 39, Lot 37B The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; topographic plan, elevations, floor plans, Letter of support from Sijo Cherian of 4 Watertown Street, letter dated November 22, 2013 responding to the Zoning Administrator’s e-mail requesting additional information. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 10:07 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with the Zoning By-Law section 135-8.4.2 and 135-9.4.2 to allow modification of a non conforming structure. Ephrain Weisstein, owner of the property presented the petition with his contractor, Agui Desouza of Boston Remodeling. Mr. Weisstein proposes to add an 18 ft. by 18.7 ft. carport onto the existing new addition. The proposed structure would be located 6.2 ft. from the left side lot line instead of the required 15 ft. There were questions from the Board regarding the placement and size of the addition that has already been added; clarification of setbacks needed; and the size of the driveway. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:20 pm. BOA Meeting December 12, 2013 12 On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 3-2 (with Martha C. Wood and David G. Williams opposing) to grant the Special Permit in accordance with the Zoning By-Law section 135-8.4.2 and 135-9.4.2 to allow The motion failed modification of a non conforming structure. . Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 301 Massachusetts Avenue, Map 13, Lot 368 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; topographic plan, photographs, planting plan and a copy of a ZBA decision dated September 8, 2011. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 10:22 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting to renew a Special Permit in accordance with Zoning By- Law section 135-3, Table 1, Permitted Uses and Development Standards, Line L.1.01 to allow operation of a motor vehicle rental business including hand washing, related office and administrative use and parking for no more than 13 vehicles. Greg Rusnak, Regional Vice-President of Enterprise Rent a Car, presented the petition for the renewal. This business has been there since 1998. At the last hearing there was a concern with traffic; no complaints have been received since then. A Board member asked for clarification as to the term of this special permit. They would like to have renewal for five years. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:28 pm. BOA Meeting December 12, 2013 14 On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0 to renew the Special Permit in accordance with Zoning By-Law section 135- 3, Table 1, Permitted Uses and Development Standards, Line L.1.01 to allow operation of a motor vehicle rental business including hand washing, related office and administrative use and parking for no more than 13 vehicles with the following conditions: 1. Permitted hours of operation are as follows: Monday through Friday - 8:00 AM to 6:00 PM, Saturday - 9:00 am to 12:00 noon and closed on Sunday. 2. The lot shall be landscaped in accordance with the landscape plan titled, Planting Plan Enterprise Rent-A-Car, dated 8/14/08 by Warner Larson Landscape Architects. 3. Not more than 13 vehicles shall be parked on site with all parked vehicles parked in the tandem area on site. 4. There shall be no rental or employee vehicles, associated with the business, parked on Massachusetts or Fottler Avenues. 5. There shall be no advertising on the rental vehicles other than an identification plate, except for a maximum of two cargo rental vans that shall be permitted to contain Enterprise Rent-A-Car advertising information on the van panels. 6. All cleaning and washing of vehicles will be inside the building. 7. All lighting will be screened from the view of abutting residential proper- ties. There will be no exterior lighting on the building after operating hours except for low-level security lights. 8. Signage will conform to the zoning bylaw. 9. Snow will be removed promptly and not allowed to pile up on the property so that it obstructs sight-line visibility. 10. This special permit shall expire December 12, 2018, unless renewed. Application for renewal should be made 8 weeks before special permit expires. The above Board actions are for property located at 301 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 85 Reed Street, Map 72, Lot 498 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; floor plans, photographs and an e-mail from Attorney Pam Brown dated December 12, 2013. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 10:30 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with the Zoning By-Law section 135-8.42 and 135-9.4.2 to allow reconstruction and expansion of a non conforming structure. Attorney Pam Brown, representing Brian Powderly of HCR Construction Inc., presented the petition. Mr. Powderly is proposing to demolish the existing non conforming structure and rebuild a larger structure partially on the same footprint as the existing structure and add a 12 ft. by 24 ft. garage with living space to the right side of the nonconforming structure. Attorney Brown explained the applicant will be going before the Conservation Commission because the proposed addition is 45 ft. from the wetland line. Until they meet with the Conservation Commission they are not sure of the exact location of the structure was going to be. There was a discussion with the Board over the proposed garage which was not shown in the plans received with the application; why use the old foundation instead of putting in a new one; the location of the house and what was the sq. footage of the house. The Chairwoman explained to Attorney Brown that the Board needs to have the exact amount of relief needed to vote on; they cannot vote on different possibilities. Ms. Woods suggested the petitioner continue the hearing until after they meet with the Conservation Commission. BOA Meeting December 12, 2013 16 Attorney Brown and the applicant agreed to continue the hearing until after they meet with the Conservation Commission. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to continue the hearing until Thursday, January 23, 2013 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 17 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Acting on the petition was Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 25 Ledgelawn Avenue, Map 71, Lot 18 The petitioner submitted the following information with the applications: nature and justification of request; a plot plan; Pre-development and post-development conditions and an e-mail from Attorney Grant dated December 12, 2013. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Economic Development Administrator, the Historic Districts Commission Clerk, the Tree Committee and the Design Advisory Committee. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 10:48 pm by reading the legal notices and described information received from the petitioner. Richard Kirby presented the petition for the owner of the property, Brian Morin. The applicant is requesting a Special Permit in accordance with Zoning By-law section 135-8.4.2 and 135-9.4.2 to allow reconstruction of a nonconforming structure. The applicant has met once with the Conservation Commission and is scheduled to meet them again December 24, 2014. A Board member asked what was the proposed square footage (3,455 with attic and basement, 2400 without) and what plans for the third floor did they have. (It will potentially be finished.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 10:56 pm On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 to grant a Special Permit in accordance with Zoning By-law section 135- 8.4.2 and 135-9.4.2 to allow reconstruction of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 12, 2013 18 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 12, 2013 Board Members Present: Chairwoman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1) On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted to approve the minutes of November 14, 2013. 2) The meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk