2007-01-25-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building January 25 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Associate Martha Wood. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Also attending this hearing was Town of Lexington Legal Council, Kevin Batt. Petition Address: 15 Belfrey Terrace The relief sought is for a Variance to allow a side yard set -back of 0.4 -feet instead of the 10 -foot required and a 28.5 -foot front set back instead of the 30 -feet set back required. 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. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Administrator, Planning Board and The Historic District Commission. Comments were received from the Health Department and the Zoning Administrator. Attorney Edmund Grant presented the petition for F. William Smith, Trustee of the Belfrey Realty Trust. Mr. Smith is looking to add a garage on the left side of the yard adjoining the house. The house is nonconforming on a nonconforming lot. The lot is severely sloped from front to back. The topographic measures indicate a 12.2 -foot change in grade. The rear yard is a heavily wooded slope where a stone retaining wall prevents soil slippage toward the house, which makes this area not feasible for a garage. The abutting property to the left side is the right rear parking lot of the Hancock Church which is striped for parking and used for a dumpster. The board questioned ability to walk around side of garage, how would maintenance be handled and asked about the original footprint of house and driveway. There were no questions from the audience. Dean Rutila representing the Hancock United Church of Christ spoke in favor of the petition stating Mr. Smith had met with them to discuss their concerns and had agreed to be responsible for all issues presented. A written list of conditions that were agreed to by Dean Rutila, as agent for Hancock Church, and F. William Smith was presented at the hearing. No one spoke in opposition of the petition.