2009-04-23-ZBA-min - Laserfiche WebLink

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Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 23, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Leo P. McSweeney. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Property Address: 8 Porter Lane, Map 63, Lot 115B 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 Conservation Administrator, The Planning Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notices and described information received from the petitioner relative to the petition. Patrick Goddard, Director of Public Facilities for the Town of Lexington, representing the owners of the property, Lori and Richard Tambone, presented the petition. The petitioner seeks a variance to allow an impervious surface of 0.1238 instead of the maximum required 0.12. The Town of Lexington is asking to construct a public pedestrian walkway on a portion of 8 Porter Lane, which would connect to an existing walkway at the Fiske School. The proposed walkway would be approximately 120 sq. ft. Because the walkway is counted as impervious surface, the impervious surface of the walkway is added to the impervious surface of the lot. The total impervious surface ratio would be 0.1238. A variance is sought to allow impervious surface of greater than 12 %. The homeowner seeks the variance, so that it may maintain the impervious surface ratio allowed under subdivision regulations. In addition to the walkway, the town seeks from the owners an easement of 458 sq. ft. No variance is required for the easement. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:40 pm. On a motion by Judith J. Uhrig and seconded by Leo P. McSweeney, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -46 (A) (1) to increase the impervious surface ratio for this property to 0.1238 (an increase of 120 sq ft of impervious surface) instead of the maximum impervious surface ratio of 0.12 to enable the town to install a bituminous concrete walkway. Submitted by: Dianne Cornaro, Administrative Clerk