2008-05-08-ZBA-min - Laserfiche WebLink

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May 8, 2008 ZBA Minutes 12 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 24 Tarbell Avenue, Map and Lot: 0013000137 The relief sought is for a special permit to allow modification or expansion of a pre- existing nonconforming structure. The Chairman opened the hearing at 8:12 pm by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Angelo Busa, representing the owners Shelly Cochran and Dennis Shirley, presented the petition. The petitioner seeks to expand the dormer on the southern side of the structure. The area affected under the dormer is approximately 7 -ft. by 12 -ft. Because construction is proposed within the nonconforming section of the house, a special permit is required. The distance from the lot line to the beginning of the affected section of the house is approximately 26 -ft. The applicant states that the dormer is needed to provide a greater amount of floor space for the structure, lost because of the slope of the roof. Based on the plans, the footprint is not being expanded, the degree of nonconformity is not greater than 50% of the required minimum yard setback, and it appears that the dormer will be of a similar architectural style as the existing structure. The applicant has checked off a request for variance. Upon further review, it was determined that a variance was not required. One of the Board members asked to clarify the need for the special permit. There were no questions from the audience. No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 8:15 pm. On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit to allow modification or expansion of a pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk