HomeMy WebLinkAbout2007-05-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
May 10, 2007
Board Members Present: Chairman — Arthur C. Smith, John McWeeney, Judy Uhrig and
Associates Carolyn C. Wilson and Daniel A. Lucas.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 43 Hayes Avenue
The relief sought is from the Code of the Town of Lexington - AMENDMENT to DECISION
Dated February 22, 2007 GRANTING VARIANCES and SPECIAL PERMITS, as follows: to
rescind relief granted for 1) SPECIAL PERMIT pursuant to §135 -32(C) to rebuild an existing
non - conforming structure and 2) VARIANCE from §135 -32 (C)(1) due to gross floor area
increase of rebuilt non - conforming structure. (Previously approved was the following relief: 1)
SPECIAL PERMIT pursuant to §135 -32(C) to rebuild an existing non - conforming structure; 2)
VARIANCE pursuant to § 135 -32 (C)(1) due to gross floor area increase of rebuilt non-
conforming structure; 3) SPECIAL PERMIT pursuant to §135 -29(A) to allow expansion onto an
existing non - conforming structure; 4) VARIANCE pursuant to §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 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.
Prior to the hearing letters were received from Attorney Frederick Conroy on behalf of Clifton K.
Jay and L. Susan Conroy and from Attorney Thomas Fenn on behalf of Dwight and Caron
Ingalsbe.
Attorney Thomas Fenn, representing Dwight and Caron Ingalsbe presented the petition by
explaining the appeal from an abutter of the Board of Appeals decision from February 22, 2007.
After meeting with the abutter they are coming before the Board requesting to modify the
contested item, which was the garage.
The Board asked for a clarification of the request and stated that that the bylaws do not allow the
Board to reconsider a decision.
The applicant, Dwight Ingalsbe, explained that he and his abutter have discussed the garage and
he has agreed that he will not put on the garage that was in the original plans. There still seems
to be an issue in the language of their agreement that needs to be settled.
April 26, 2007 Minutes 2
The Board agreed that this should be settled between the two parties and suggested they write a
letter to dismiss the appeal.
No one spoke in favor of the petition.
No one spoke in opposition.
On a motion by John McWeeney and seconded by Judy Uhrig, the board voted 5 -0 to postpone
the hearing until May 24, 2007 to give the applicant and the abutter time to come to an
agreement.
Submitted by Dianne Cornaro, Administrative Clerk