Loading...
HomeMy WebLinkAbout2009-05-28-ZBA- min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 28, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member John Gilbert. Staff Present: David George, Zoning Administrator Petition Address: 9 Spencer Street, Map No. 22, Lot No. 2 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 and the Planning Administrator. Comments were received from the Zoning Administrator. The Chairman duly called the meeting to order at 7:30 P.M. by reading the legal notice and describing information received from the petitioner relative to the petition. Andrei Tokmakoff, petitioner and owner of the property, presented the appeal to the Board. He described the project, stating that he seeks to construct a 12 -ft. by 15 -ft. addition to the existing house. The addition would intrude into the side -yard setback. A variance was sought to allow a side -yard setback of 4.8 ft. instead of the required 7.5 ft. Mr. Tokmakoff also stated that because the addition would be attached to a non- conforming part of the structure, a special permit was required. Mr. Tokmakoff indicated, to the Board, that the house is an older house. A portion of the existing structure is at least 7.5 ft. from the side -lot line. However, due to the way the house is placed on the lot, it becomes nonconforming. Mr. Tokmahoff indicated that the requirements to modify the nonconforming structure were met. The Board asked questions about the property survey. The petitioner provided information on the survey process. The ZBA solicited, from the audience, both questions and comments in favor or opposed to the petition. There were no questions or comments from the audience. The meeting was duly closed at 7:37 P.M. On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135 -38A to allow a side -yard setback of 4.8 ft. instead of the required 7.5 ft. On a motion made by Carolyn Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw)§ 135 -29A to allow modification of a pre- existing nonconforming structure. Submitted by: David L. George, Zoning Administrator Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 28, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson, and Associate Member John Gilbert. Staff Present: David George, Zoning Administrator Petition Address: Map No. 28, Lot No. 52 (also known as 32 Philemon Street, Arlington MA) 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 and the Planning Administrator. Comments were received from the Zoning Administrator and Conservation Administrator. The Chairman duly called the meeting to order at 7:38 P.M., by reading the legal notice and describing information received from the petitioner relative to the petition. Robert J. Annesse, attorney for the petitioner' Michael DeMartino presented the appeal to the Board. He described the project and stated to the board that the existing house is located in both Lexington and Arlington. The existing structure is nonconforming with respect to setbacks. The petitioner seeks to demolish, to the foundation, the existing structure and then to rebuild on the existing footprint. The building may have a greater amount of living area after reconstruction. Mr. Annesse stated the following relief was required: 1) Special Permit to allow reconstruction after demolition a nonconforming structure; 2) Variance, to allow an increase in the gross floor area of 125 sq. ft. in the rebuilt nonconforming structure; and 3) Variance, to allow a side -yard setback of 11.8 ft. instead of the required 15 ft. side -yard setback. Mr. Annesse indicated the shape of the lot (triangular) and that it was split between two towns was justification for the variance. Mr. Annesse stated that the special permits may be granted because of compliance with zoning regulations. The Board asked questions about the adjacent Conservation land, the existing shed located in the side -yard, and about abutter notification to Arlington. Mr. Annesse provided answers to the Board's questions. The ZBA solicited, from the audience, both questions and comments in favor or opposed to the petition. There were no questions or comments from the audience. The meeting was duly closed at 7:47 P.M. On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit from Ch. 135 of the Code of the Town of ' The petitioner is the prospective purchaser of the lot. The lot is owned by Anthony V. and Geraldine Luzzo. Lexington (Zoning Bylaw) § 135 -32C to allow reconstruction after demolition a nonconforming structure. On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135- 38C(1) to allow an increase in the gross floor area of 125 sq. ft. in the reconstructed nonconforming structure. On a motion made by Carolyn Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135 -35A, Table 2: Schedule of Dimensional Controls, a side -yard setback of 11.8 ft. instead of the required 15 ft. side -yard setback subject to the following condition: The existing shed will be demolished and then removed from the site before a building permit is issued for any new construction at the site. Submitted by: David L. George, Zoning Administrator Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 28, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson, and Associate Member John Gilbert. Staff Present: David George, Zoning Administrator Other Business: 1. Minutes 5/14/09 meeting. On a motion duly made and seconded and by majority vote, the minutes from the May 14, 2009 meeting were unanimously approved. 2. Board and Commission Training Session Nyles Barnert provided an update to the Board on the training session for Boards and Commissions that he recently attended. The training session was sponsored by the Town and featured presentations by Town Counsel and members of the Board of Selectmen. The topics of the session included: conduct of a board meeting, working with audio equipment, televised meetings, the Mullin rule, and draft of Findings and Decisions. Additionally, it was discussed that the Findings and Decisions sections would be modified to come closer to standards promoted by town counsel and other best practices. Mr. Barnert indicated that the Zoning Administrator would be working to implement such changes. 3. Summer Meeting Schedule The Board discussed changes to the summer meeting schedule. David George presented a memo comparing the number of hearings over the past four years, including the number of summer -time hearings for years 2006 to 2008. Mr. George made a recommendation to the Board to cancel the July 9th and August 13 meetings. On a vote of 5 -0 the Board agreed to cancel the July 9th and August 13 meetings. Submitted by: David L. George, Zoning Administrator