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

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May 8, 2008 ZBA Minutes 4 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: 36 Fuller Road, Map and Lot: 0071000074 The relief sought is for a Variance in accordance with section 135 -35, Table 2 of the Dimensional Controls of the Zoning Bylaw to allow a 14.6 -ft. side -yard set back instead of the required minimum 20 -ft. side -yard set back. The Chairman opened the hearing at 7:40 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 Building Commissioner and the Zoning Administrator. Letters of support were received from Burton H. Smith of 31 Fuller Road, Mark. V. Swift of 31 Fuller Road and Charles and Eileen Doherty of 55 Bertwell Road. David Rix, owner of the property, presented the petition. The applicant proposes to construct a 386 sq. ft. addition to the existing structure. Because, the addition intrudes into the exterior side - yard setback, a variance is required. As justification of the variance, the petitioner indicates that topography issues affect the lot and limit where construction may occur. The lot contains a stonewall that runs approximately northwest to south. Adjacent to the wall is an area with slope increasing from 102 to 111 over 30 -ft. The Board asked if the addition violates the setback in two places and confirmed that the front steps are within setback. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition to the petition. The Chairman closed the hearing at 7:44 pm.