2010-09-23 ZBA-Min - Laserfiche WebLink

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BOA Meeting, September 23, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 23, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 16 King Street, Map 14, Lot 121 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations, floor plans, photographs, a letter dated July 20, 2010 from the Building Commissioner, Garry Rhodes and a copy of a 1911 deed and 1945 Plan. A letter of concern was received from Christine and Richard Taylor of 21 Fern Street. 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, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 7:35 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Pamela Brown presented the petition for the owner of the property, Mary E. Lowrey Trust. The applicant is requesting a variance in accordance with the Zoning By-Law section 135-35, Table 2, Schedule of Dimensional Controls to allow frontage of 0 ft instead of the required 125 ft frontage and a special permit from section 135-28 to allow expansion of an existing home on a non-conforming lot. Attorney Brown explained the project to the Board stating the hardship for the variance as owing to the condition of the soil and the shape of the lot. Attorney Brown also stated that she agreed with the Building Commissioner that a special permit was not needed and would like to request to withdraw without prejudice the request for a special permit but asked for the record that the Board make the finding that a special permit is not necessary for this project. Board members questioned the ownership of the lots and what are the plans of the owner for the house. The Chairman of the Board gave a copy of the letter from 21 Fern Street concerning the water run off into their property to Attorney Brown.