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HomeMy WebLinkAbout2010-05-27-ZBA-min BOA Meeting, May 27, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 3 Cart Path Lane, Map 2, Lot 1K Postponed from the May 13, 2010 hearing. Before the Chairman opened the hearing a letter was read from Joseph C. Lerman, Trustee for 3 Cart Path Lane, requesting the application for a variance be postponed until the June 10, 2010 hearing. On a motion by Carolyn C. Wilson and seconded by Martha C. Wilson, the Board voted 5-0 to allow the application to appeal a decision be withdrawn without prejudice. Submitted by: Dianne L. Cornaro, Administrative Clerk Minutes of May 27, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 12 Washington Street, Map 39, Lot 38 Postponed from the May 13, 2010 hearing. 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, the Planning Administrator, Historic Districts Commission Clerk, Comments were received from the Planning Administrator and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Stefan Thomke, owner of the property, presented the petition along with Landscape Architect, Garry Larson. Mr. Thomke spoke of the getting the site survey done by James Keenan and meeting with a landscape architect, Gary Larson. Mr. Larson presented the Board with copies of the existing conditions plan and the proposed site construction plan. He explained to the Board the landscape design and the grading of the lawn area. The Board questioned how the proposed retention area related to the property line. What plantings will be used for the buffer planting? (Evergreens, tall enough for visual buffer will be used.) The Board also asked how much earth will be needed for root growth; how close to property line will they be excavating and asked for clarification as to where the retaining wall will be. Attorney Despena Fillios Billings spoke on behalf of her parents, Louis and Iphigenia Fillios of 19 Eliot Road. She had a concern as to where the applicant thinks the property line is. She also questioned the bank slope. Minutes of May 27, 2010 3 Mrs. Fillios of 19 Eliot Road spoke of the cedar fence that had been taken down and her wish to have the excavated land returned to its original state. Georgia Glick of 21 Eliot Road asked for a time table as to when the exposed roots on her hemlocks would be covered, asked how they will restore the level by the wall and wanted to have clarification for the plantings along the wall. Landscape Architect Gary Larson spoke on the proposed plans and estimated time table for work to be done. Attorney Billings asked about taking action to temporarily cover the roots to the hemlocks. The landscaper will look at the site to see what can be done to have temporary measures taken to protect the exposed hemlocks. No one spoke in favor or in opposition of the application. A Board member asked if the applicant was going to have a certified plot plan for the property. He wanted to address Attorney Despena Fillios Billings concern of where the property line is. There was discussion between the Board, Mr. Thomke and Attorney Billings of the need of getting a new survey due to the confusion of the property line. The applicant spoke of the time it would take to get a new survey done and the time frame of when planting will need to be done. The Chairman closed the hearing. Decision: On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to GRANT the SPECIAL PERMIT to allow earth fill and removal in accordance with Ch. 43 of the Code of the Town of Lexington, Earth Fill and Removal Bylaw, in accordance with Ch. 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-11 at 12 Washington Street subject to the following condition:  The project shall be designed in accordance with the plan entitled, “Proposed Site Construction Plan,” dated May 27, 2010, prepared by Gary Larson, Landscape Architect, except as such plan shall be modified to supply twenty-three (23) Park Green American Arborvitae, size 6-7 ft. tall, plantings on or adjacent to the applicant’s rear-yard lot line, as shown on the plan entitled, “Buffer Planting Plan,” dated June 3, 2010, prepared by Gary Larson, Landscape Architect. The arbor vitae plantings shall be planted based on availability of the species and shall be planted no later than April 30, 2011. BOA Meeting, May 27, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, Carolyn C. Wilson, Martha C. Wood, and Associate Members Leo P. McSweeney and David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 330 Woburn Street, Map 16, Lot 1C This hearing had been continued from the May 13, 2010 hearing. The Chairman read additional information received since the last hearing: 1)Approximately 11 e-mailed letters of support. 2)A letter from Maria LoConte of 4 Rolfe Road with a petition signed by 16 residents of Lexington in support of the TD Bank design. 3)Letter of concern from Kam & Yehfang Mok of 429 Lowell Street regarding drainage, the drive-thru lanes and the banks hours of operation. 4)A letter from the Lexington Sidewalk Committee and its subcommittee, Safe Route to School Committee, suggestions for new sidewalk construction. 5)Comments from the Design Advisory Committee Attorney Mark Vaughan of Riemer and Braunstein, LLP, presented the petition for TB Bank. Also in attendance for TD Bank were: Bill Goebel – Bohler Engineering (Civil Engineer), Joe Nevin – Bergmeyer Associates, Inc. (Architect), Emily Clark – TD Bank, N.A., Ethan Solomon – Riemer and Braunstein, LLP, Robert Vanasse – Vanasse and Associates, Inc. Attorney Vaughan gave an overview of what had been asked for in the application and the proposed changes they have made since the last hearing. Attorney Vaughan told the Board they will not need the setback relief they had originally requested due to the elimination of the rd 3 drive thru lane. The buffer and setback now comply with the bylaws fully. The signage will also be reduced to 3 feet in height as requested to eliminate the need for that relief as well.. Bill Goebel of Bohler Engineering gave a presentation explaining the existing conditions and the proposed plan of the property as they had presented at the May 13, 2010 hearing. Mr. Goebel went thru the modifications made for increased plantings and landscaping and the new sign designs. Joe Nevin of Bergmeyer Associates, Inc. (Architect) explained the design of the LEED code building and the changes that were made to the building, the driveways and the signage. A Board member asked if the lights on the sign are lit all the time. They are not on all night; they did not seek a special permit to have lights on all the time. BOA Meeting, May 27, 2010 5 A Board member asked about the issue of a grass island raised in the letter from the Sidewalk Committee. There would be no room for the island because of width of the sidewalk. There was a concern that the bushes on the plan look large; will there be any safety concerns. The sign will be higher than bushes. There was a concern for the hours of operation for the drive up windows which are open during regular business hours for the bank. Attorney explained the drive up is opened the same hours as the bank is open. It is designed that the vehicle behind cannot hear the drive up window. They explained the 6 ft high fence put up along with evergreens to be planted to help buffer noise. They feel this will be a drastic improvement than what is there today. The Chairman asked what the hours of operation would be. They are: Monday thru Friday from 8:00 am until 8:00 pm, Saturday 8:00 am until 3: pm and Sunday 11:00 am until 4:00 pm. One of the Board members was concerned with the drive up being opened on Sunday and said he would not be in favor of Sunday drive up hours. Jerry Vanhook of 89 Meriam Street and Chairman of the Side walk Committee, had a concern with sidewalk safety. He wanted to know why it isn’t possible to have grass strip on the sidewalk to allow space for snow plowing. The applicant explained they are not changing the sidewalks but are repairing them as they remove the 4 driveways they are eliminating. There will be less traffic from the Bank than from the present gas station. Joyce Grief of 101 Meriam Street spoke of the No Idling Law and wanted to know how they can assure that people don’t idle longer than 5 minutes. Joel Adler of 22 Village Circle also spoke of the idling laws and asked if the drive thru lanes were teller windows or ATM machines. Mark Philip of 435 Woburn Street had questions on the fence, how the cars would exit the parking lot and the plantings. Bill Hurley of Woburn Street asked about an existing fence that abuts his property. There was a question as to who had put the fence up and who owned it. TD Bank is willing to look further into this issue and take the fence down if in fact it is owned by the Bank. The Chairman asked for only comments from the audience that is different from the comments heard at the last hearing. Maria LoConte of 4 Rolfe Road read a letter she presented to the Board regarding the previous petition opposing the Bank’s parking design. She along with many neighbors are in support of the parking as it was presented on the application. No one spoke in opposition. BOA Meeting, May 27, 2010 6 The applicant requested to withdraw without prejudice the following relief: 1)A Variance from side yard setback 2)A Variance from landscape transition area 3)A Special Permit to allow for wall signs to be larger than three feet in height. 4)A Special Permit to allow for internal illumination of monument sign. The Chairman closed the hearing. The following decisions were made affecting property located at 330 Woburn Street, 421 Lowell Street, and 334 Woburn Street: On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the applicant’s request for LEAVE TO WITHDRAW WITHOUT PREJUDICE the following zoning relief: 1.A Variance from Zoning Bylaw § 135-35A, Table 2: Schedule of Dimensional Controls in accordance with § 135-10B to allow a side-yard setback of 23 ft. 3 in. instead of the required 30-ft. side yard setback; 2.A Variance from Zoning Bylaw §135-54C and § 135-10B to modify landscaping transition area to 18ft. 2-in. instead of the required 20-ft. landscape buffer; 3.A Special Permit in accordance with Zoning Bylaw § 135-78D to allow for wall signs to be larger than the three feet maximum wall sign height. 4.A Special Permit in accordance with Zoning Bylaw § 135-75A to allow for internal illumination of the monument sign. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from Zoning Bylaw § 135-64C in accordance with § 135-10B to allow zero loading bays instead of the required one loading bay. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to GRANT a SPECIAL PERMIT from Zoning Bylaw §135-16A, Table 1: Schedule of Permitted Uses and Development Standards, line 7.15b in accordance with § 135-11 to allow for a drive-up window or auto oriented bank branch (drive through) subject to the following conditions:  There shall be no more than two drive through lanes as shown on the revised plan entitled, “Site Plan” by Bohler Engineering, dated 5/18/10.  The building and site improvements shall be constructed in accordance with the revised plans entitled “Site Development Plans for TD Bank,” prepared by Bohler Engineering, dated 5/18/10 (Revised per ZBA Submission) consisting of 15 sheets.  Single fence will be located with consultation with Rolfe Road abutters. On a motion by David G. Williams and seconded by Carolyn C. Wilson, the Board voted 1-4 to limit Sunday hours of operation for the drive through. BOA Meeting, May 27, 2010 7 On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to GRANT a SPECIAL PERMIT Zoning Bylaw §135-77(3) and § 135-78D in accordance with § 135-11 to allow a standing sign subject to the following conditions:  The sign shall not be taller than six feet tall.  The sign shall be built as shown on the rendering entitled, “Signage Details” dated 5/20/10, prepared by Bergmeyer.  The sign shall not be internally illuminated. On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5-0 to GRANT a SPECIAL PERMIT from Zoning Bylaw §135-78D in conjunction with § 135-11 to allow a third wall sign subject to the following conditions:  No wall sign shall exceed a maximum height of three feet. On a motion by Leo P. McSweeney and seconded by Carolyn C. Wilson, the Board voted 5-0 to GRANT a SPECIAL PERMIT the Zoning Bylaw § 135-75A in conjunction with § 135-11 to allow the three wall signs to be internally illuminated. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 0 Grove Street, Map 87, Lot 9 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, the Planning Administrator, Historic Districts Commission Clerk, Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Jennifer E. Lewis representing T Mobile Northeast presented the petition for the applicant T Mobile. The applicant is requesting a special permit to allow a wireless communications facility and a special permit to allow the proposed structure to exceed dimensional control height requirements. Attorney Lewis gave a brief overview of project. She explained she had met with abutters where they raised a few concerns; esthetics, noise and their property values. Attorney Lewis went back to T Mobile with their concerns. T Mobile took their concerns seriously. They proposed changes and explained why they could not utilize the pole across the street. Denish, Engineer with T Mobile, went over the coverage map and the supplemental information presented to the Board. The Chairman of the Board asked the applicant to explain a document presented regarding selling something to Nstar. It was an agreement between Nstar and T Mobile to lease the pole. John Frankovich of 19 Dewey Road asked about the access road from Grove Street. He asked why they could not use another pole across the street away from the neighbors. Mr. Frankovich asked for alternatives. BOA Meeting, May 27, 2010 9 Attorney Thomas Fenn, representing neighbors asked to see topography map to see the difference in the elevations from the proposed pole to one across the street. Applicant did not have a copy of the topography map. Attorney Fenn also asked if the applicant had filed with Conservation. The applicant plans on filing with conservation if approved from BOA. Attorney Fenn stated the applicant had met with neighbors about month ago and took 3 forms of ways to contact neighbors; he asked which method has been used to notify neighbors? T- Mobile hadn’t been in touch with neighbors since the original meeting. Everything has been filed with the town. T Mobile felt new proposal addressed all the neighbors concerns. Chairman made note that Conservation had given a list of conditions to the applicant. Precinct 1 Town Meeting Member saw a notice in the Lexington Minute Man about 3 months ago regarding a pole in East Lexington at 8 William Rd; does this facility have any relationship with that pole? He also asked for clarification of the height of the poles. Bill Mix of 153 Grove Street asked why when the coverage map was put together other poles weren’t looked at for coverage. He also asked for clarification as to how many antennas being proposed. Mary Healey of 163 Grove Street met last month with T mobile and was told that they would be notified of new information filed; wanted to know why they were not notified by T Mobile of the new information given. She asked for information on health effects. The Chairman explained to Ms. Healey that the Board is prohibited by law to address health issues relating to towers. FCC determines what is safe and unsafe. No one spoke in favor of the application. Attorney Thomas Fenn, representing direct abutters on Grove Street spoke in opposition of the project. The issue and question is this project for this particular site in harmony with the purpose and intent of this By-Law. Is it meeting with the historic, esthetic and character of the neighborhood? Presented the Board with pictures he took. Mary Healey of 163 Grove Street, John Frankovich of 19 Dewey Road and Marcel Gaudreau of 151 Grove Street spoke in opposition. Attorney Lewis and the T Mobile Engineer spoke of the communications and noise by-laws they need to comply to. The Board discussed continuing the hearing to give the applicant time to look at other locations. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to continue the hearing until June 24, 2010 at 8:00 pm. . Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 32 Clelland Road, Map 13, Lot 334 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, the Planning Administrator, Historic Districts Commission Clerk, Comments were received from the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Michael Bruce, owner of the property, presented the petition. The applicant is requesting a variance in accordance with section 135-35 A, Table 2 of the Dimensional Controls to allow a front yard setback of 4 ft instead of the required 30 ft front yard setback. The applicant explained the plans for the project and the hardship as being the topography of the property and the placement of the 1900 house on the lot. Mr. Bruce presented pictures of the house to the Board. One of the Board members asked about the width of the deck. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to approve the variance in accordance with section 135-35 A, Table 2 of the Dimensional Controls to allow a front yard setback of 4 ft instead of the required 30 ft front yard setback. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 11 Robbins Road, Map 22, Lot 270 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. Letter of support were received from 8, 9 & 15 Robbins Road and 16 Lexington Avenue. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Attorney John Farrington presented the petition for Jonathan Lyons, owner of the property. Also attending the hearing were Brian Tim of Meridian Engineering and the Landscape Architect Greg Bellows. The applicant is requesting a variance in accordance with section 135-35A and 135-10B to allow a frontage of 20 ft instead of the required 125 ft of frontage. Attorney Farrington described the site and the history of the development of the areas. Lot created in 1875 and created for house lots in 1915. The existing house was built in the 1930’s. The applicant proposes to take down the existing house and reconstruct a new home. All other current set back requirements will be met. Attorney Harrington explained the hardship for this variance as the unusual shape, topography is severe and the soil conditions. The Architect and the landscaper have met and worked with each neighbor to make sure they have taken into consideration any neighbors concerns. A Board member asked about tree removal and another asked about some of the landscape work. One of the board members asked if the garage would be taken down. BOA Meeting, May 27, 2010 12 Mike Lockwood of 15 Smith Avenue had questioned why so many trees were needed to be taken down. They took maple trees down that were choking out the nut trees. They were trying to keep the integrity of the original trees planted. Mr. Lyons spoke with the abutter about the intent of the removal of the trees. A Board member asked what the applicant had planned to replace trees on the Smith Avenue side. Will meet with the abutter to discuss what they would like. No one spoke in favor or in opposition to the petition. The hearing was closed. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve the variance in accordance with section 135-35 A, Table 2 of the Dimensional Controls to allow a frontage of 20 ft instead of the required 125 ft of frontage. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 13 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 73 Asbury Street, Map 58, Lot 138 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Conservation Commission Administrator and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Yiping Shen, owner the property presented the petition explaining the project to the Board. The applicant is requesting for the following relief: 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 27.3 ft instead of the required 30 ft front yard setback,. 2) VARIANCE from section 135-35A, Table 2 Schedule of the Dimensional Controls to allow a side yard setback of 18 ft instead of the required 20 ft side yard setback. 3) VARIANCE from section 135-38A (2), Table 2 of the Dimensional Controls to allow a side yard setback of 7 ft instead of the exempted 10 ft side yard setback and 4) SPECIAL PERMIT from section 135-29A to allow for vertical expansion of a non conforming structure. The chairman asked the applicant to clarify the expansion to the side of the structure. A Board member was concerned with the air conditioning unit’s noise being so close to a neighbor’s house. Location of the house on the odd shape lot would be the hardship. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to GRANT the SPECIAL PERMIT from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-29A in conjunction with § 135-11 to allow modification of a nonconforming structrue at 73 Asbury Street. BOA Meeting, May 27, 2010 14 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-10B in conjunction with §135-35A: Table 2: Schedule of Dimensional Controls to allow a front-yard setback of 27-ft. 4 ¼-in. instead of the required 30-ft. front yard setback at 73 Asbury Street. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-10B in conjunction with §135-35A: Table 2: Schedule of Dimensional Controls to allow a side-yard setback (corner lot side) of 18-ft. instead of the required 20-ft. at 73 Asbury Street. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-10B in conjunction with §135-38A(2) to allow a side-yard (internal lot line) of 7-ft. instead of the required 7.5-ft. at 73 Asbury Street, subject to the following condition: the air conditioning unit to be placed behind garage on the rear side of the property, if that location is feasible. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 15 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, John J, McWeeney, Carolyn C. Wilson, Martha C. Wood and Associate Member David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 120 Massachusetts Avenue, Map 13, Lot 94 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Mohammed Omar Taqiuddin, owner the property presented the petition explaining the request to the Board. Also presenting the petition to the Board for Mr., Taqiuddin was Nasir Mian of 6 Mohawk Drive. The applicant is seeking the following relief: 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35, Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 23.2 ft instead of the required 30 ft, 2) VARIANCE from section 135-35, Table 2, Schedule of the Dimensional Controls to allow a rear yard setback of 14.88 ft instead of the required 15 ft rear yard set back and 3) SPECIAL PERMIT in accordance with section 135-69A to allow for one less parking space. A Board member asked if anyone was currently living in the house. The applicant had inheritated the property from his parents and spoke of previous issues with the house. He would like to rectify zoning issues so that he can move into the house. Another Board member asked how the applicant would handle no parking spaces for the apartment. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed. BOA Meeting, May 27, 2010 16 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-10B in conjunction with §135-35A, Table 2: Schedule of Dimensional Controls to allow a front-yard setback of 23.2-ft. instead of the required 30-ft. front yard setback at 120 Massachusetts Avenue. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to GRANT a VARIANCE from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-10B in conjunction with § 135-35C and §135-35A, Table 2: Schedule of Dimensional Controls to allow a rear-yard setback of 14.88-ft. instead of the required 15-ft. rear-yard setback 120 Massachusetts Avenue. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted to GRANT a SPECIAL PERMIT from CH 135 of the Code of the Town of Lexington (Zoning By-Law) § 135-69A in conjunction with §135-11 to allow for three parking spaces instead of the required four parking spaces at 120 Massachusetts Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, May 27, 2010 17 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall May 27, 2010 Board Members Present: Chairman Nyles N. Barnert, Carolyn C. Wilson, Martha C. Wood and Associate Members Leo P. McSweeney and David G. Williams Staff Present: David L. George, Zoning Administrator Petition Address: 45, 55, 65 Hayden Avenue, Map The Chairman opened the hearing by reading the legal notices and described information received from the petitioner relative to two petitions received from the applicant; one for an appeal of a decision of the Building Commissioner and one for a variance and special permit. Due to the late hour the hearing was opened and continued until Thursday, June 3, 2010 On a motion by Carolyn C. Wilson and seconded Martha C. Wood, the Board voted 5-0 to continue the hearing until Thursday, June 3, 2010. Submitted by: Dianne Cornaro, Administrative Clerk