2016-2020 Town Records Book 27 - Laserfiche WebLink

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1 March 30, 2016 Adjourned Session of the 2016 Annual Town Meeting, cont 2. Modify § 135-6 9 5.3, Dimensional Standards applicable to Special Permit Residential Developments, by adding the underlined text to read as follows 3. Yard & Height Requirements. Yards required by § 135-4 0 and the height limit of& 135- 4.3.5 apply to the perimeter of the site, but are not applicable within the site 3. Modify § 135-8.4 1 by adding the underlined text and removing the struck-though text to read as follows 8.4.1 No Increase in Nonconforming Nature. Nonconforming one-family and two-family dwellings may be reconstructed, extended, altered, or structurally changed, or a new accessory structure may be constructed, upon a determination by the Building Commissioner that the nonconforming nature of the structure is not increased. Such determination will be deemed to - be as of right and the applicant entitled to the issuance of a building permit where each structure is reconstructed, extended, altered, or changed so as to (a) contain the improvements within the site coverage and height of an existing structure; or(b) comply with the following side yard requirements and the front and rear yard requirements of§ 135 1 9apnlicable yard and height requirements of& 4 0, except that the side yard may be reduced as noted below- If actual lot frontage is Side yard must be at least 100 feet or more Not less than 15 feet More than 75 feet but less not more than 100 feet Not less than 12 feet More than 50 feet but not more than 75 feet Not less than 10 feet More than 0 feet but not more than 50 feet or less* Not less than 7 5 feet NOTES * but not 0 7 40 p.m. Mr Canale presented the request action, noting that the Planning Board's Report on Article 39 had been previously received and placed on file. He explained that passage of Article 39 would limit the height of certain houses close to property lines. He made a lengthy presentation showing examples and sketches, and reported unanimous support of the Planning Board. 7 53 p.m. Selectman Michelle Ciccolo reported support of the Board in a(4-1)vote. 7 56 p.m. Members John Rossi, Pct. 1, and Dawn McKenna, Pct. 6, spoke in opposition, stating financial burden to homeowners. 8.06 p.m. Victoria Blier, Pct. 9, spoke in favor 8.08p.m. Resident Robert Martin, 5 Audubon Road, spoke in opposition, stating that the amendments discriminated against small lot owners. 8 18p.m. Steven Heinrich, Pct. 3, asked whether any small lots existed where owners would be prevented from adding a second story due to the proposed zoning amendment. Mr Canale responded that he was not aware of any such lots. 8.24 p.m. Rodney Cole, Pet. 9, spoke in favor 8.24 p.m. Following electronic vote tallying, the Moderator declared Article 39 Adopted by more than the necessary two-thirds by a vote of: I Yes No Abstain I 138 31 3 8.27 p.m. Selectman Joseph Pato moved to take Articles 39, 40 and 41 out of order. Motion Adopted. 8.27 p.m. Presented by Charles Hornig,member, Planning Board. ARTICLE 40: AMEND ZONING BYLAW—ACCESSORY APARTMENTS MOTION: That the Zoning By-Laws of the Town be amended as set forth in the motion attached to the report of the Planning Board on this article, a copy of which is on file with the Town Clerk and the Planning Board, and further that non-substantive changes to the numbering of this bylaw be permitted in order that it be in compliance with the numbenng format of the Code of the Town of Lexington. That Chapter 135 of the Code of the Town of Lexington, the Zoning Bylaw, be amended as follows