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HomeMy WebLinkAbout2006-08-24-ZBA-min MINUTES of the Lexington Zoning Board of Appeals August 24, 2006 Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and John T. Gilbert Petition Address: 74 Ward Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow a front set back of 20 -feet instead of the required 30 -feet and a side set back of 7 -feet instead of the required 12 -feet to construct a covered entry way and rear stairs. The Chairman opened the hearing at 7:45 PM by reading the legal notice and described information received from the petitioner relative to the petition. A letter of support was received with the petition from John Englander of 82 Ward Street. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and Development Review Team. No Comments were received. Daniel and Brianna Nadelberg, owners of the property, presented the petition. They explained the house was built before set back requirement by -laws and before the lot the house was built on was split which makes the lot small and staying within the set back requirements impossible for any addition. At the hearing they presented additional letters of support from Peter and Vicky Hopley of 70 Ward Street, Kyoung S. Oh of 76 Ward Street, Catherine Castello of 77 Ward Street, Tim Rees of 79 Ward Street and Heidi Pastunak and Jay Burkholder of 51 Ward Street. The Board had questions relating to the concrete area next to the addition, the driveway placement, questioned the hardship and the ownership of the land behind them. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Hearing was closed at 8:10 pm. On a motion by John McWeeney and seconded by Nyles Barnert the board voted 5 -0 to grant the VARIANCE to allow a front set back of 20 -feet instead of the required 30 -feet and a side set back of 7 -feet instead of the required 12 -feet to construct a covered entry way and rear stairs. August 10, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 24, 2006 Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Member John T. Gilbert Petition Address: 12 Hancock Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow a rear set back of 9 -feet instead of the required 15 -feet, a side set back of 5 -feet instead of the required 12 -feet to construct a mud room and a side set back of 0 -feet instead of the required 5- feet to expand the driveway. The Chairman opened the hearing at 8:10 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning Enforcement Officer, Planning Board and The Design Advisory Committee. A comment was received from the Historic District Commission letting the petitioner know that they need to come before the HDC for a Certificate of Appropriateness. John Michaud, owner of the property, presented the petition explaining the history of the non - conforming lot. He is asking to widen the driveway since the mudroom addition will be taking away some of the conforming driveway. The Board discussed the uniqueness of the lot and the way it was subdivided makes any addition a hardship the way the house is situated. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Hearing was closed at 8:19 pm. Discussion: The Board felt the hardship was the shape of the lot. One member of the Board did not feel comfortable with the set back of 0 -feet asked for the driveway but the majority of the Board had no problem with it stating that there are many homes with 50 foot frontage that have driveways on the lot line. The Chairman requested to have separate motions for the decisions. On a motion by Nyles Barnett and seconded by John Gilbert the board voted 5 -0 to grant the VARIANCE to allow a rear set back of 9 -feet instead of the required 15 -feet and a side set back of 5 -feet instead of the required 12 -feet to build a mudroom. August 10, 2006 Minutes 3 On a motion by Maura Sheehan and seconded by John Gilbert the board voted 5 -0 to grant the VARIANCE to allow a side set back of 1 -foot instead of the required 5 -feet set back required for the driveway. August 10, 2006 Minutes 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 24, 2006 Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Member John T. Gilbert Petition Address: 52 Taft Avenue The relief sought is for a Variance from section 135 -35 of the Lexington By -Laws to allow a front set back of 25 -feet instead of the required 30 -feet to add a second floor addition which is approximately one -foot closer to the street line than the existing house. The Chairman opened the hearing at 8:20 PM by reading the legal notice and described information received from the petitioner relative to the petition. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Historic District Commission, Planning Board and Selectmen's Office. No Comments were received from any Board, Department or Commission. Courtney and Brandon Jones, owners of the property, presented the petition. The Board discussed the hardship as the house being built closer to the street than the By -Laws now allow. There were no questions from the audience. No one spoke in favor of the petition. Hearing was closed at 8:27 pm. Discussion: The Board agreed that the addition would be consistent with the neighborhood setting. On a motion by Nyles Barnert and seconded by John McWeeney the board voted 5 -0 to grant the VARIANCE to allow a front set back of 25 -feet instead of the required 30 -feet to add a second floor addition which is approximately one -foot closer to the street line than the existing house. August 10, 2006 Minutes 5 DRAFT MINUTES of the Lexington Zoning Board of Appeals August 24, 2006 Present: Chairman — Judith J. Uhrig, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan and Associate Member John T. Gilbert Petition Address: 7 -11 Massachusetts Avenue The relief sought is for a modification of a Special Permit to allow storage of up to 35 vehicles on the premises on an overnight basis. The Chairman opened the hearing by reading a letter from Attorney William Daley requesting the application be withdrawn without prejudice. On a motion by Nyles Barnert and seconded by John Gilbert, the Board voted 5 -0 to accept the withdrawal of the application without prejudice.