2008-05-07-PB-min - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF MAY 7, 2008 A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town Office Building was called to order at 7:05 p.m. by Chairman Hornig with members Manz and Canale and planning staff McCall-Taylor, Henry and Kaufman present. Mr. Galaitsis was absent and Mr. Zurlo joined the meeting in progress. **********************ZONING BOARD OF APPEALS*************************** 502 Massachusetts Avenue: A variety of variances and special permits are being sought to enable the construction of a second house on the property nominally connected to the existing two-family. There is no apparent difference between this and other lots in the area. The Board asked what was the hardship that required the addition and therefore justified a variance? The applicant was claiming precedent was established by the abutting property that has a two-family house that straddles the zoning district line between RT and RS. This should actually be an argument against granting a variance. Chapter 40A, Section 10 requires that if the SPGA cannot make the finding that there are “circumstances relating to the soil conditions, shape, or topography of such land or structure and especially affecting such land or structures but not affecting generally the zoning district is which it is located” then it has no grounds to grant a variance. This splitting of a property by the lot line is the situation for probably every property on the southwestern side of Mass. Ave. throughout the RT zone. On a motion duly made and seconded, it was voted, 3-0, to send a letter to the Zoning Board of Appeals to ask for justification of the variance and recommend disapproval of the variance and special permit to allow construction of an addition. Mr. Zurlo joined the meeting. 7 & 32 Journey’s End Lane: The applicant requested a variance to allow construction of a bathroom in the cellars of units 7 and 32. The applicant wanted to construct a playroom and bathroom in the cellars. While a playroom is allowed in a cellar, a bathroom is not. Since the