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HomeMy WebLinkAbout2007-04-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building April 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan, and Judy Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 62 Baskin Road The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a front setback of 22 -feet 4- inches instead of the 30 -feet required. 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, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Prior to the hearing a letter of support from Dr. Joel Bauman and a petition in support signed by 15 abutters was received. Parker Hirtle, owner of the property, presented the petition. He is looking to put on an addition to the front of his home between an existing landscape wall and the front of the house. The Board questioned if the addition touched the wall and what was the square footage that was being added. Mr. Hirtle said the wall would become part of the room and they would be adding a total of 150 square feet. Eleanor Rubin of 67 Baskin Road wanted to know if the Board would be setting precedent by approving this. Virginia Richardson of 23 Baskin Road spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 7:53 pm. On a motion by John McWeeney and seconded by Nyles Barnert, the board voted 5 -0 to approve the VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls to allow a front setback of 22 -feet 4- inches instead of the 30 -feet required to build an addition. Submitted by Dianne Cornaro, Administrative Clerk April 26, 2007 Minutes 2 Minutesof the Lexington Zoning Board of Appeals April 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John MCWeeney, Maura Sheehan, and Judy Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 51 Baker Avenue The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a front setback of 20 -feet instead of the required 30 -feet AND A SPECIAL PERMIT in accordance with 135 -29A of the Code of the Town of Lexington to add to the height of pre- existing non - conforming structure. The Chairman opened the hearing at 7:53 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, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Letters of support were received from John Holland and May Briggs of 32 Ames Avenue, Roberta Hefferman of 45 Banks Avenue and Susan Adams and Tom Clark of 33 Banks Avenue. Tom and Susan Hammond, owners of the property presented the petition along with their architect Roger Hoit. The special permit is needed because the roof of the existing house is 18- feet above the grade at the front elevation. The proposed roof would have a total height of 26- feet or 14 -feet below the maximum allowable height for this zoning district. The ceiling height in the existing house is 3 -feet 4- inches at the outside wall and 6 -feet 2- inches at the center in the original house and 5 -feet 3- inches at the outside and 6 -feet 6- inches in the center of the rear section added many years ago. These dimensions make the second floor almost uninhabitable and do not meet code. The proposed addition front wall would be 9 -feet further back than the existing setback of 11- feet. They are now looking for a 20 -foot setback instead of the required 30 -feet. April 26, 2007 Minutes 3 The Board asked what was the hardship. The applicant answered that there was a substantial drop in the back and felt the topography was a hardship. The Board also asked about the roofline and the excavation for the addition. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:05. On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 5 -0 to approve a Variance for a front setback of 20 -feet instead of the required 30 -feet; and On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to approve a Special Permit to add to the height of a pre- existing non - conforming structure. Submitted by Dianne Cornaro, clerk. April 26, 2007 Minutes 4 Minutesof the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John McWeeney, Maura Sheehan and Judy Uhrig Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 482 Bedford Street The relief sought is to appeal a decision of the Zoning Administrator in a letter dated January 23, 2007 in accordance with section 135 -10 A of the Code of the Town of Lexington. The Chairman opened the hearing at 8:05 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, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Dean Blackburn of G. Green Construction Company presented the petition for the Children's Hospital Lexington. The petitioner proposes to locate a sculpture, known as the "Nevergreen Tree ", by the sign at the main entrance to the facility. The Zoning Administrator, David George, determined that, under the by -law as it now stands, any use, structure, operation or activity not expressively permitted by this By -Law (Chapter 135 of the Lexington Code) or not accessory to a permitted use, structure, operation or activity is a prohibited use. The Board asked if other locations for the sculpture had been considered. The Board questioned as to whether this sculpture would be a distraction to motorists. It was also asked about how the sculpture moves and if they had talked with the Design Advisory Committee. The Board requested the applicant talk with the Hospital and the Design Advisory Committee regarding a different location for the sculpture. There were no questions from the audience. No one spoke in favor or in opposition of the petition. On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to continue the hearing until June 14, 2007. April 26, 2007 Minutes 5 Other Business: 1) Board went over legislation letter from Planning. 2) Discussion on letter received from Mark Maguire. 3) Received an update on the sidewalks for Avalon. Submitted by Dianne Cornaro, Clerk