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application to be withdrawn without prejudice.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.