2007-05-10-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building May 10, 2007 Board Members Present: Chairman — Arthur C. Smith, John McWeeney, Judy Uhrig and Associates Carolyn C. Wilson and Daniel A. Lucas. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Hayes Avenue The relief sought is from the Code of the Town of Lexington - AMENDMENT to DECISION Dated February 22, 2007 GRANTING VARIANCES and SPECIAL PERMITS, as follows: to rescind relief granted for 1) SPECIAL PERMIT pursuant to §135 -32(C) to rebuild an existing non - conforming structure and 2) VARIANCE from §135 -32 (C)(1) due to gross floor area increase of rebuilt non - conforming structure. (Previously approved was the following relief: 1) SPECIAL PERMIT pursuant to §135 -32(C) to rebuild an existing non - conforming structure; 2) VARIANCE pursuant to § 135 -32 (C)(1) due to gross floor area increase of rebuilt non- conforming structure; 3) SPECIAL PERMIT pursuant to §135 -29(A) to allow expansion onto an existing non - conforming structure; 4) VARIANCE pursuant to §135 -32, Table 2, Dimensional Controls, to allow a side yard setback of 17.6 feet instead of the required 20 feet side yard setback for addition onto a structure.) 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. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Prior to the hearing letters were received from Attorney Frederick Conroy on behalf of Clifton K. Jay and L. Susan Conroy and from Attorney Thomas Fenn on behalf of Dwight and Caron Ingalsbe. Attorney Thomas Fenn, representing Dwight and Caron Ingalsbe presented the petition by explaining the appeal from an abutter of the Board of Appeals decision from February 22, 2007. After meeting with the abutter they are coming before the Board requesting to modify the contested item, which was the garage. The Board asked for a clarification of the request and stated that that the bylaws do not allow the Board to reconsider a decision. The applicant, Dwight Ingalsbe, explained that he and his abutter have discussed the garage and he has agreed that he will not put on the garage that was in the original plans. There still seems to be an issue in the language of their agreement that needs to be settled.