2009-05-28-ZBA- min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 28, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member John Gilbert. Staff Present: David George, Zoning Administrator Petition Address: 9 Spencer Street, Map No. 22, Lot No. 2 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator and the Planning Administrator. Comments were received from the Zoning Administrator. The Chairman duly called the meeting to order at 7:30 P.M. by reading the legal notice and describing information received from the petitioner relative to the petition. Andrei Tokmakoff, petitioner and owner of the property, presented the appeal to the Board. He described the project, stating that he seeks to construct a 12 -ft. by 15 -ft. addition to the existing house. The addition would intrude into the side -yard setback. A variance was sought to allow a side -yard setback of 4.8 ft. instead of the required 7.5 ft. Mr. Tokmakoff also stated that because the addition would be attached to a non- conforming part of the structure, a special permit was required. Mr. Tokmakoff indicated, to the Board, that the house is an older house. A portion of the existing structure is at least 7.5 ft. from the side -lot line. However, due to the way the house is placed on the lot, it becomes nonconforming. Mr. Tokmahoff indicated that the requirements to modify the nonconforming structure were met. The Board asked questions about the property survey. The petitioner provided information on the survey process. The ZBA solicited, from the audience, both questions and comments in favor or opposed to the petition. There were no questions or comments from the audience. The meeting was duly closed at 7:37 P.M. On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135 -38A to allow a side -yard setback of 4.8 ft. instead of the required 7.5 ft. On a motion made by Carolyn Wilson and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw)§ 135 -29A to allow modification of a pre- existing nonconforming structure. Submitted by: David L. George, Zoning Administrator