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HomeMy WebLinkAbout2006-07-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals July 13, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Maura L. Sheehan, and Associate Carolyn C. Wilson Petition Address: 33 Adams Street The relief sought is for a Variance from Section 135 -35, Table 2, Dimensional Control to allow side set back of 11.5 feet rather than the required 15- feet and a 19.1 -foot front setback instead of the required 30 -feet to construct a carport to the side of the existing garage. 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. 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 Selectmen's Office. No comments were received from any Board or Commission. Peter Daus - Haberle, representing the owners of the property, Peter and Susan Culman, presented the petition. The Culman's are requesting the variance to allow them to build a carport on the side of their existing garage. The Board had questioned if the big tree in the front was going to be saved and the applicant answered that it was. The petitioner was also asked to clarify how and when the lot was broken off and sold. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Hearing was closed at 7:52 On a motion by Nyles Barnert and seconded by Carolyn Wilson the board voted 5 -0 to GRANT VARIANCES to allow side set back of 11.5 feet rather than the required 15- feet and a 19.1 -foot front setback instead of the required 30 -feet to construct a carport to the side of the existing garage. July 13, 2006 Minutes 2 DRAFT MINUTES of the Lexington Zoning Board of Appeals July 13, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Maura L. Sheehan, and Associate Carolyn C. Wilson Petition Address: 52 Taft Avenue The relief sought is for a Special Permit to allow to construction of second floor over same footprint. The Chairman opened the hearing by reading an e -mail from Courtney Jones requesting the application to be withdrawn without prejudice. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 accept the withdrawal without prejudice. July 13, 2006 Minutes 3 DRAFT MINUTES of the Lexington Zoning Board of Appeals July 13, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Maura L. Sheehan, and Associate Carolyn C. Wilson Petition Address: 92 Bow Street The relief sought is for a Variance in accordance with 135 -35, Table 2, Dimensional Control to allow front set back of 18.5 -feet instead of the required 30 -feet minimum setback requirement and a SPECIAL PERMIT in accordance with 135 -11A and 135 -29A to construct a second floor addition. The Chairman opened the hearing at 7:55 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 Development Review Team. No comments were received. Architech Tom Harden, presented the petition for the owners of the property, Mark and Katherine Parks. The Board had questioned the placement of the entrance, the size and use of the garage, the third floor use and the concrete slab in the back of the house. There were no questions from the audience. No one spoke in favor or in opposition. The hearing was closed at 8:07 pm. Discussion: The Board felt the addition would be an improvement to the property. There were concerns with the parking and backing up onto Bow Street. The Board agreed that where the house is situated is a hardship and the proposed changes make the house more conforming. On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 to 0 to approve the VARIANCE to allow a allow front set back of 18.5 -feet instead of the required 30- feet minimum setback requirement and a SPECIAL PERMIT in accordance with 13 5 -11 A and 135 -29A to construct a second floor addition WITH THE CONDITION THAT THE APPLICANT RE- SUBMIT A PLOT PLAN TO SHOW THE FIVE -FOOT SET BACK FOR THE DRIVEWAY TURNAROUND. July 13, 2006 Minutes 4 DRAFT MINUTES of the Lexington Zoning Board of Appeals July 13, 2006 Present: Chairman — Judith J. Uhrig, Nyles Barnert, John McWeeney, Maura L. Sheehan, and Associate Carolyn C. Wilson Petition Address: 40 Hartwell Avenue The Chairman opened the hearing at 8:08 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, the Development Review Team, the Design Advisory Committee and the Communication Advisory Committee. Comments were received from the Design Advisory Committee and the Communication Advisory Committee. Project Manager Chris Dwight, presented the petition for Fibertower Corporation. The petitioner is requesting to be allowed to install one two -foot parabolic dish with two lines of coaxial cable and equipment cabinet located within the existing compound. The Board questioned how long the lease was for (25 years) and was the unit air- conditioned (fan in equipment). There were no questions from the audience. No one spoke in favor or in opposition. The hearing was closed at 8:17 pm. Decision: On a motion by Nyles Barnert and seconded Carolyn Wilson, the Board voted 5 to 0 to Grant the SPECIAL PERMIT for a length of time of 15 years with the condition that the Fibertower site lease agreement with Nextel be submitted to the Board of Appeals before any work begins.