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HomeMy WebLinkAbout2007-07-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson 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 Control of the Code of the Town of Lexington to allow a front yard set back of 21.8 -feet instead of the 30 -feet minimum required front set back. The Chairman opened the hearing at 7:30 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 and the Planning Administrator. Parker Hirtle, owner of the property presented the petition. Mr. Hirtle received approval from the Board on April 26, 2007. After applying for the building permit it was discovered that the front yard setback on the plan submitted for the Variance was different than the front yard setback submitted for the building permit. Mr. Hirtle explained the previous surveyor had made an error in the setback. There were no questions from the Board. Virginia Richardson, 23 Baskin Road, spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 7:38 PM. On a motion by July Uhrig and seconded by Nyles Barnert, with a vote of 5 -0, the Board approve the Variance that would allow a front yard set back of 21.8 -feet instead of the 30 -feet minimum required front set back to build an addition. July 26, 2007 Minutes 2 Minutes of the Lexington Zoning Board of Appeals July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 45 Greenwood Street The relief sought for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Control of the Code of the Town of Lexington to allow a front yard set back of 23 -feet instead of the required 30 -feet minimum required front yard setback to construct a front entry way. The Chairman opened the hearing at 7:39 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 Conservation and the Zoning Administrator. Martin Holzner, owner of the property, presented the petition. The petitioner explained the house foundation is set high due to the topography of the property. Board members asked for clarification of the front stairs and the driveway location. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:46 PM. Discussion: The hardship is the soil and topography conditions. On a motion by Maura Sheehan and seconded by Nyles Barnert, the Board voted 5 -0 to grant the variance to allow a front yard set back of 23 -feet instead of the required 30 -feet minimum required front yard setback to construct a front entry way. July 26, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk Town legal council, Attorney Kevin Batt was present for this hearing. Petition Address: 64 Cary Avenue The relief sought is for an APPEAL OF A DECISION OF THE ZONING ADMINISTRATOR in letter dated June 11, 2007 in accordance with section 135 -10A of the Code of the Town of Lexington. The Chairman opened the hearing at 7:46 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 Conservation Department, the Planning Administrator and the Zoning Administrator. Attorney Edmund Grant, representing the petitioner, Charles F. Litchfield. Mr. Litchfield is the son and Power of Attorney for the property owner, Louise Peterson. Attorney Grant gave the history of the property. Mrs. Peterson had purchased the property as separate lots in 1957 and since that time has paid separate tax bills and separate sewer betterments in 1963, all the time believing they were separate parcels. Attorney Grant spoke of the inconsistencies regarding Grandfathered lots in the past. Charles Litchfield spoke of the family history with the property. His mother is now in a Nursing facility and they would like to be able to sell the separate lots to use the money for her care. Questions from the Board: One Board member asked about the driveway, which would be within the setback of 62 Ward Avenue if the lots were divided. Applicant stated the driveway originally predated the purchase but was expanded slightly in 1986. July 26, 2007 Minutes 4 Kevin Batt, the Town's legal council was asked his opinion as to whether the Board should consider the two lots combined by use. Attorney Batt explained the 1998 change in the by -law that made Boards take a more stringent look at how they determined how a lot was combined by use with common ownership. The 1998 by -law change brought the Lexington by -laws closer to the State's Statue. A Board member was concerned with the notice that was sent to the homeowners regarding the changes in the 1998 by -laws that changed their ownerships so dramatically. This Board member did not understand how the Board could hold the homeowners responsible when the Town did not inform them of such changes. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Paul Tedrow, 66 Cary Avenue, was concerned with a statement that was in the folder regarding a drywell. The Chairman told the applicant that the water issue was not before the Board and that this hearing was not the place to discuss it. The hearing was closed at 8:38 PM. Discussion: The Board felt the message they received from the lawyer was that there were inconsistencies with the Bylaw and the courts have not given Boards as much guidance regarding Grandfathered lots, as the Board would like to see. They agreed that the town should not take away the right of owners. On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 4 -1, with Nyles Barnert opposing, to overturn the decision of the Zoning Administrator. July 26, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 522 Lowell Street The relief sought for a SPECIAL PERMIT in accordance with section 135 -19D of the Code of the Town of Lexington to allow an accessory apartment. The Chairman opened the hearing at 8:38 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 Conservation and the Zoning Administrator. Francis A. Bearse representing the owner of the property, Anne Chavez, presented the petition. During the presentation to the Board it was determined that there was not enough information submitted for them to make a determination. Mr. Bearse requested that the application be withdrawn without prejudice. On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 5 -0 to approve the withdrawal of the application without prejudice. Submitted by: Dianne Cornaro, Clerk July 26, 2007 Minutes 6 Minutes of the Lexington Zoning Board of Appeals July 26, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, Judy J. Uhrig and Associate Carolyn C. Wilson Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 14 Lisbeth Street The relief sought is for a special permit from section 135 -29(A) of the Code of the Town of Lexington to repair and reconstruct the existing non - conforming rear stoop. The Chairman opened the hearing at 8:48 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. Karen Meyers and Mark Brus, owners of the property, presented the petition. They explained the replacement of the deteriorating non - conforming front stoop. The footprint of the house is remaining the same. At the hearing letters of support were received from: 11 and 18 Lisbeth Street and 282 and 284 Massachusetts Avenue. The Board had no questions. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 9:00 On a motion by Nyles Barnert and seconded by Maura Sheehan, the board voted 5 -0,to approve the special permit from section 135 -29(A) of the Code of the Town of Lexington to repair and reconstruct the existing non - conforming rear stoop. July 26, 2007 Minutes 7 Submitted by Dianne Cornaro, Administrative Clerk