2009-02-12 -ZBA-min - Laserfiche WebLink

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February 12, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall February 12, 2009 Board Members Present: Acting Chairman —John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Members Jill Hai and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner. Petition Address: 17 Utica Street, Map 47, Lot 70 The Chairman opened the hearing at 7:52 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is for: Special Permit: To allow a temporary structure on the lot. Special Permit: To allow a special permit accessory apartment. Variance: To allow greater than 15% site coverage. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. A letter of support was received from 19 Utica Street. Carl Oldenburg, Architect for the project and the owner, Rich White, presented the petition. The applicant seeks to build a new structure, containing an accessory apartment, before demolishing the existing structure. The applicant seeks to live in the existing structure for the duration of new construction. While reviewing the design of the home it was determined that the variance requested will not be needed. The board asked the Building Commissioner, Garry Rhodes, to explain the need for this special permit. He told the Board that in the past the practice had been to allow 2 structures on one lot but the By -law is very clear that there shall only be one house allowed on any lot. Mr. Rhodes stated he is not comfortable issuing Building Permits for 2 structures on the same lot with the by- law in place as it is without a special permit in place. Mr. Rhodes has spoken with the fire chief and there would be no problem with the 2 structures on the lot if there was an emergency and fire trucks had to respond. David George, the Zoning Administrator stated that this request for a special permit is an attempt to make past practices more formal and give the public and opportunity to express any concerns,