Loading...
HomeMy WebLinkAbout2010-09-23 ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 23, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 4 Winship Road, Map 21, Lot 51 Petitioner submitted the following with the application for hearing: nature and justification; topographic plan, plot plan, floor plans and photographs. 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 Director and the Historic Districts Commission Clerk. Comments were received the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Julie Fuhrer, owner of the property, presented the petition with her Contractor, Zack Burnett. The applicant is requesting a variance in accordance with section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 22.25 ft instead of the required 30 ft front yard setback. Ms. Fuhrer explained the deterioration of the stairs and the need to repair them to the present building code. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:32 pm. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve a variance in accordance with section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 22.25 ft instead of the required 30 ft front yard setback. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 23, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 23, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 16 King Street, Map 14, Lot 121 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations, floor plans, photographs, a letter dated July 20, 2010 from the Building Commissioner, Garry Rhodes and a copy of a 1911 deed and 1945 Plan. A letter of concern was received from Christine and Richard Taylor of 21 Fern Street. 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 at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Pamela Brown presented the petition for the owner of the property, Mary E. Lowrey Trust. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow frontage of 0 ft instead of the required 125 ft frontage and a special permit from section 135-28 to allow expansion of an existing home on a non-conforming lot. Attorney Brown explained the project to the Board stating the hardship for the variance as owing to the condition of the soil and the shape of the lot. Attorney Brown also stated that she agreed with the Building Commissioner that a special permit was not needed and would like to request to withdraw without prejudice the request for a special permit but asked for the record that the Board make the finding that a special permit is not necessary for this project. Board members questioned the ownership of the lots and what are the plans of the owner for the house. The Chairman of the Board gave a copy of the letter from 21 Fern Street concerning the water run off into their property to Attorney Brown. BOA Meeting, September 23, 2010 3 There were no questions from the audience. Colleen Kavanaugh of 9 King Street spoke in support of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:47 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5-0, to agree to the finding that a special permit from section 135-28 to allow expansion of an existing home on a non-conforming lot is not needed for this project. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0, to approve the variance to allow frontage of 0 ft instead of the required 125 ft frontage. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0, to accept the withdrawal without prejudice the request for a special permit from section 135-28 to allow expansion of an existing home on a non-conforming lot. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 23, 2010 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 23, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Associate Member William P. Kennedy was present at this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 846 Massachusetts Avenue, Map 22, Lot 74 Petitioner submitted the following with the application for hearing: justification of request; Site Plan and Sign Plans. A letter of support was received from the owner of the Building, Beth Gaudette. 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 the Historic District Commission’s Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:50 pm by reading the legal notice and described information received from the petitioner relative to the petition. Jeanne Ciampa, owner of the Music Wizard, presented the petition with Kevin Duggan of Metro Sign and Awning. The applicant is requesting a special permit to allow installation of an awning sign. A number of Board members felt it was not appropriate for the Board to make a decision on the sign awning until the applicant receives her Certificate of Appropriateness from the Historic District Commission. The applicant is going before the Historic District Commission on October 7, 2010. Ms. Ciampa explained she needs to have approval as soon as possible since she is already open and she needs to get the word out as to where she is. The Chairman explained to Ms. Ciampa that if the HDC changed the plans in any way other than exactly as the Board of Appeals approved them then she would then need to come back to the Board with the new plans. There was a discussion as to whether the awning was over the public way. The Zoning Administrator told the Board there is no right of way issues with this awning sign. BOA Meeting, September 23, 2010 5 A member also asked if the Essential sign was going to be taken down; which it had been take down already. There were no questions from the audience. No one spoke in favor or in opposition of the petition. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to continue the hearing until October 14, 2010 at 7:30 pm. Submitted by: Dianne L. Cornaro, Administrative Clerk BOA Meeting, September 23, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 23, 2010 Other Business: On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to approve the Board of Appeals minutes from August 26, 2010 and from September 9, 2010.