2012-12-13-ZBA-Min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 27 Eaton Road, Map 78, Lot 229 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, elevations, floor plans, photographs, stop work letter from the Building Commissioner dated November 14, 2012 and an authorization letter from the property owner. Also received before the hearing was an e-mail from the former owners of the property, Arlene and Gerald McGrath and an e-mail in opposition to the petition from Peter and Ellen O’Neil of 28 Eaton Road. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:32 pm by reading the legal notice and described information received from the petitioner. VARIANCE The applicant is requesting a in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A (2) to allow a side yard setback of 7.4 ft instead of the required 10 ft. side yeard setback. Bruce D. Ringwall, President of GPR Civil and Structural Engineering presented the petition for the owners of the property Robert and Wendy Lonadier. Mr. Ringwall explained how an error was made in the original surveying of the property. His office had not seen a plan filed in 1926 that showed the corner lot to be 33 ft wide instead of the 30 ft they had thought. Board members asked about the stone wall and who’s property was in on; asked for clarification on an additional line on the plan that was also part of the stone wall. Kostas Daileanes of 88 Simonds Road spoke of a concern that they never had any notification of this project before he had received the card from the ZBA and that he had never met anyone from the Dreamline. Peter and Mary Murray of 31 Eaton Road, Kostas Daileanes of 88 Simonds Road, Arlene and Gerald McGrath, former owners of the property, spoke in opposition to the property.