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HomeMy WebLinkAbout2007-02-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 39 Fottler Avenue The relief sought is for a Special Permit from section 135 -29A to allow construction of a dormer to a nonconforming house. 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 Administrator, Planning Board, Design Advisory Committee and the Historic District Commission. Comments were received from the Zoning Administrator. Patricia Steph, owner of the property, business, presented the petition. She is requesting to be allowed to construct a full- length shed dormer on the front of her house. The board had no questions for the applicant. There were no questions from the audience. Robert Terenzoni, of 27 Crescent Street spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:48 PM. On a motion by John McWeeney and seconded by Nyles Barnert, the board voted 5 -0 approve the special permit request as presented to allow construction of a full shed dormer to the non- conforming structure. Submitted by Dianne Cornaro, Administrative Clerk February 22, 2007 Minutes 2 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 Albemarle Avenue The relief sought is for a Variance from section 135 -35 Table 2, Dimensional Controls to allow a front setback of 11.5 -feet instead of the 30 -feet required. The Chairman opened the hearing at 7:50 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 Administrator, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator and the Planning Administrator. The petitioner presented a petition of support signed by 11 abutters. Karen Thompson, owner of the property, presented the petition explaining the hardship for this request as the shape of the property. The board questioned the relief needed; it was not correctly shown on the plot plan. The petitioner will submit new plans showing the front set -back of 11.5 -feet instead of the 30 -feet required. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:55 PM. The Board agreed the shape of the lot was a hardship. On a motion by Carolyn Wilson and seconded by Nyles Barnert, the board voted 5 -0 to grant the variance to allow a front setback of 11.5 -feet instead of the required 30 -foot setback with the condition that the petitioner presents new plans with the correct set back requirements. Submitted by Dianne Cornaro, Administrative Clerk February 22, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 26 Rindge Avenue The relief sought is for a Variance from section 135 -35, Table 2, Dimensional Control to allow a side setback of 3.9 -feet instead of the 10 -feet required. 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 Administrator, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator and the Conservation Administrator. James Luker and Jennifer Zacharis presented the petition. They are requesting for relief to allow a side setback of 3.9 -feet instead of the required 10 -feet to construct a deck on a nonconforming structure. The board had questioned what was the hardship. The petitioner felt it was the topography; the lot has a pronounced slope from back to front. The Board also asked about the current set back, size of the deck, relocating the deck to the back and where the steps will be. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:03 PM. February 22, 2007 Minutes 4 Discussion: The Petitioner seeks a variance to allow a side setback of 3.9 -feet instead of the 10 -feet required. The adjacent property to the right sits a little lower than this house and the proposed deck would be coming closer and "loom" over the neighbors' property. The Board felt that a deck off the back would be more appropriate and gave the petitioner the ability to wrap a deck walk way around the side to a rear deck. To that end the Board voted a different setback than what was requested. The Board agreed that a 6.9- foot side setback was acceptable. On a motion by Nyles Barnert and seconded by Carolyn Wilson, the board voted 5 -0 to allow a side set back of 6.9 -feet instead of the 10 -feet required to construct a deck. Submitted by Dianne Cornaro, Administrative Clerk February 22, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Fern Street The relief sought is for a variance in accordance with section 135 -35, Table 2, Dimensional Controls allow a front setback of 19 -feet instead of the required 30 -feet to construct an addition. The Chairman opened the hearing at 8:04 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 Administrator, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator. Before the hearing there were letters of support received from 46 Fern Street, 47 Fern Street, 43 Fern Street and 8 King Street. Hayg and Bridgette Boyadjian, owners of the property, presented the petition. They are requesting relief to allow a front setback of 19 -feet instead of the required 30 -feet to construct an addition. They explained the hardship as the shape of the lot. One of the members of the board asked about the stairs going into the house. There were no questions from the audience. Richard Jenson of 46 Fern Street spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:10 PM. February 22, 2007 Minutes 6 Discussion: The addition was to construct a first floor bedroom and bathroom as there was none on the first floor and the owners wished to stay in their home as they aged. The site is a steeply sloped and odd shaped. The Board agreed with the hardship given the location of the house on the lot and the topography and shape of the lot and unanimously approved the variance as requested. On a motion by John McWeeney and seconded by Nyles Barnert, the board voted 5 -0 to grant the variance as requested for a front setback of 19 -feet instead of the required 30 -feet. Submitted by Dianne Cornaro, Administrative Clerk February 22, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 10 Donald Street The relief sought is for a variance in accordance with section 135 -35, Table 2; Dimensional Controls allow a front setback of 13 -feet instead of the required 30 -feet and a special permit in accordance with section 135 -29A to allow construction of a foundation under an existing non- conforming porch. The Chairman opened the hearing at 8:04 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 Administrator, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator. Eric Labbe and Kristen Clarke presented the petition. They explained the hardship as the layout of the house. The location of the house and the topography of the land required the front door to be where it is. They also presented to the Board a signed petition in support from 8 abutters. The Board asked about the neighborhood setting and discussed the hardship for the variance. There were no questions from the audience. Jim and Pat McCadd of 9 Donald Street spoke in favor of the petition. No one spoke in opposition. The hearing closed at 8:17 PM. Discussion: The Board agreed that there should be two motions for this hearing. After a discussion the Board agreed that the way the house is situated on the lot was a hardship. February 22, 2007 Minutes 8 On a motion by John McWeeney and seconded by Nyles Barnert the Board voted 5 to 0 to approve the special permit to allow construction of a foundation under an existing non- conforming porch at 10 Donald Street. On a motion by Carolyn Wilson and seconded by Muara Sheehan, the Board voted 5 to 0 to aprove a front setback of 13 -feet instead of the required 30 -feet at 10 Donald Street. Submitted by Dianne Cornaro, Administrative Clerk February 22, 2007 Minutes 9 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 67 Vine Street The relief sought is for a variance in accordance with section 135 -19 Dlto allow relief of 2,000 square feet from the area requirements and a special permit in accordance with section 135 -19 for the construction of an accessory apartment. The Chairman opened the hearing at 8:18 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 Administrator, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator, the Building Commissioner, the Conservation Administrator and the Planning Administrator. Arlene Belliveau, owner of the property, presented the petition. The Board had questions regarding the driveway and the drywells for the property. There were no questions from the audience. John Quinlan, previous owner of the property, explained the two cesspools that he built in the yard. He also spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:28 PM. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 to 0 to approve the variance to allow relief of 2,000 square feet from the area requirements. On a motion by Nyles Barnert and seconded by Carolyn Wilson, The Board voted 5 to 0 to approve the special permit to allow construction of an accessory apartment with the condition that drywells are to the satisfaction of the Building Commissioner to handle any runoff created by the addition. February 22, 2007 Minutes 10 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 22, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles Barnert, John J. McWeeney, Maura L. Sheehan, and Associate Carolyn Wilson. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Hayes Avenue The relief sought is for a SPECIAL PERMIT in accordance with section 135 -32(C) to rebuild an existing non conforming structure; a VARIANCE in accordance with section 135 -32 (C)(1) due to gross floor area increase of rebuilt non conforming structure; a SPECIAL PERMIT in accordance with section 135 -29(A) to allow expansion onto an existing non - conforming structure; and a VARIANCE from section 135 -32, Table 2, Dimensional Controls, to allow a side yard setback of 17.6 feet instead of the required 20 feet side yard setback for addition onto a structure. The Chairman opened the hearing at 8:29 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 Administrator, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator. A letter of opposition was received from Sara Bittenbender of 85 Meriam Street. Attorney Thomas Fenn presented the petition for the owners, Dwight and Carin Ingalsbe. They are seeking a special permit pursuant to section 135 -32C allowing for the reconstruction after the destruction of the existing garage on the same foundation and footprint and a Variance from section 135 -32C (1) to allow for a second floor room/study of approximately 498 square feet above that garage. They are also requesting a second special permit pursuant to section 135- 29 allowing for a second story over that portion which is nonconforming with respect to the minimum yard set back and a second variance pursuant to section 135 -35, table 2, dimensional control allowing for a chimney up the side of the house with approximately a 17 -foot 6 -inch into the setback area rather than the required 20 -feet. The hardship is the way the nonconforming way structure sits on the lot. February 22, 2007 Minutes 11 The Board questioned if they had considered the feasibility of tearing it down and rebuilding rather than adding the addition. The applicant is trying to preserve the structure. The Board also asked about the variance needed for the fireplace, how much square footage was added and what the room would be used for. Architect Peter Daus'Haberle explained the plans and working within footprint and topography of the land. Clifton Jay of 29 Woodland Road asked to look at the plans for the addition. His concern is the tightness of the neighborhood and that the addition will only make it tighter. The Board agreed to take a five minutes recess so that Mr. Jay could go over the plans with the petitioner. George Kiladis of 28 Woodland Road spoke in favor of the petition. After reviewing the plans, Clifton Jay of 29 Woodland Road had concerns with the second floor over the garage; he felt it was out of character for the neighborhood. Attorney Fenn explained that the garage would only be 5 and a half feet higher. The hearing was closed at 8:57 PM. Discussion: The Board agreed to vote on each request separately. Decisions: On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 to 0 to grant the SPECIAL PERMIT in accordance with section 135 -32(C) to rebuild an existing non conforming structure (Garage) at 43 Hayes Street. On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 to 0 to a SPECIAL PERMIT in accordance with section 135 -29(A) to allow expansion onto an existing non - conforming structure at 43 Hayes Street. On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 to 0 to grant a VARIANCE in accordance with section 135 -32 (C)(1) to increase gross floor area of rebuilt non conforming structure. (Garage). The Board agreed that the hardship was due to the topography of the land at 43 Hayes Street. February 22, 2007 Minutes 12 On a motion by John McWeeney and seconded by Carolyn Wilson, the Board voted 4 -1, with Nyles Barnert opposing, to grant the variance pursuant to section 135 -35, table 2, dimensional control allowing for a chimney up the side of the house with approximately a 17 -foot 6 -inch into the setback area rather than the required 20 -feet at 43 Hayes Street. Submitted by Dianne Cornaro, Administrative Clerk