2006-06-22-ZBA-min - Laserfiche WebLink

Browse Search

Minutes of the Lexington Zoning Board of Appeals June 22, 2006 Present: Vice - Chairman — Arthur C. Smith, Nyles N. Barnert and Associates John T. Gilbert, Leo P. McSweeney and Carolyn C. Wilson Petition Address: 34 Calvin Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow front set back of 24.3 -feet instead of the required 30 -feet and a rear set back of 11.7 -feet instead of the required 15 -feet. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and Selectmen's Office. No comments were received. Fan Ye, owner of the property presented the petition. The petitioner is seeking a front variance to change the front entrance stairs that now angles to the side to a formal straight front entrance and a variance for the rear set back to extend overhang on a proposed second story addition. The Board asked for clarification of the hardship, which the petitioner explained as being the location of the house on the abnormally thin and long lot. The board also asked about the height of the addition (29.6 -feet) house and the pitch of the roof (40 °). Jim English spoke on behalf of his parents, the closest abutter to the property at 30 Justin Street. They have no problem with the request for the variance for the set back but they do have a concern with the height of the structure but are acceptable to it. Robert Walton, 31 Justin Street is concerned with the change in the character of the neighborhood but did speak in favor of the addition as long as the addition did not have a walk up to the attic to make the pitch of the roof higher. No one spoke in opposition of the petition. The hearing closed at 7:56 PM. Discussion: The majority of the Board agreed that the location of the non - conforming house on the narrow lot was a hardship and did not feel granting the variances would be a detriment to the neighborhood. On a motion by Leo McSweeney and seconded by John Gilbert the board voted 5 -0 to approve the front set -back of 24.3 -feet instead of the required 30 -feet; and on a motion by Carolyn Wilson and seconded by Leo McSweeney the Board voted 4 -1, with Nyles Barnert opposing, to approve a variance for a rear set -back of 13 -feet instead of the required 15 -feet.