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HomeMy WebLinkAbout2007-11-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1454 Massachusetts Avenue, Map/Lot 004000040A The relief sought is for two VARIANCES in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Zoning Bylaw (CH. 135 of the Code of the Town of Lexington) to allow a side yard set back of 3.7 -feet instead of the required 12 -foot side yard set back and a rear yard set back of 8.5 -feet instead of the required 15 -feet rear yard set back to construct a garage. The Chairman opened the hearing at 7:35 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Historic District Commission and the Zoning Administrator. Bart Graf, owner of the property, presented the petition along with his architect, Colin Smith. Mr. Graf explained he would like to take down an existing shed and replace it with a 2 -car garage to be located in the western corner of the lot. Mr. Graf felt that the proposed location was the most appropriate and allowed a back yard. Mr. Smith felt that the location of the house on the lot was a limiting factor for where the garage could be located. Mr. Smith felt that the garage as proposed would eliminate the need to back directly out to Rowland St, and would be compatible with the neighborhood. Mr. Graf presented to the Board a letter of support from his neighbor, Rob Higby of 5 Rowland Street. The Board questioned the need for the garage to be located at the proposed location and what the hardship was. They discussed with Mr. Garf other options for a garage including moving the garage to be within the set backs and the possibility of making it a one car garage. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:48 pm. November 8, 2007 Minutes 2 Two members of the Board felt they could not justify a hardship to grant the variance because the statutory requirements, as listed in Section 135 -10 B, for a variance were not met. On a motion by David Williams and seconded by Martha Wood and with a vote of 3 to 2 the Variances to allow a 3.7 -foot side yard set back instead of the required 12 -foot side yard set back and a rear yard set back of 8.4 -feet instead of the required 15 -feet rear yard set back were denied. A 4 -1 vote was needed to pass the motion. Submitted by Dianne Cornaro, Administrative Clerk November 8, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 15 Hunt Road, Map and Lot 0048000010 The relief sought is for a variance in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Zoning By -law (CH. 135 of the Code of the Town of Lexington) to allow front yard set back of 25.25 -feet instead of the rquired 30 -feet front yard set back. The Chairman opened the hearing at 7:48 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Conservation Administrator and the Zoning Administrator. William Erickson, Architect for the project presented the petition for the owner, Peter and Maureen McAvoy. Mr. Erickson explained the construction plans for the two -story addition and portico. Mr. Erickson stated that the existing house is nonconforming on the lot; the section of the structure that would be affected by the variance is within the front yard setback. They are seeking a variance to construct the portico in the area of the existing front steps. Mr. Erickson explained the hardship for the variance as the uniquely shaped lot that falls at the 90- degree bend at Hunt Road, and topography issues affecting the lot. . The Board clarified the relief needed and questioned the design of the foyer and the steps. Board members were interested in whether the front steps would be covered, whether the overhang over the second floor addition was in violation of zoning, and clarification of the relief sought. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:57 PM. November 8, 2007 Minutes 4 The Board agreed the shape of the lot was a hardship for the petitioner. On a motion by Leo McSweeney and seconded by Nyles Barnert, with a vote of 5 -0, the Board of Appeals approved a variance in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Zoning By -law (CH. 135 of the Code of the Town of Lexington) to allow front yard set back of 25.25 -feet instead of the rquired 30 -feet front yard set back. November 8, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1073 Massachusetts Avenue, Map & Lot 0030000096 The relief sought is for a variance in accordance with section 135 -35, Dimensional Controls of the Zoning By -law (CH. 135 of the Code of Lexington) for a side yard set back of 3.4 -feet instead of the required 10 -feet and a special permit in accordance with section 135 -29A to modify a pre- existing nonconforming structure. The Chairman opened the hearing at 7:57 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Historic District Commission and the Zoning Administrator. William Erickson presented the petition for the owners, Sean and Lisa O'Brien. Mr. Erickson, explained that the special permit was sought because the existing non - conforming structure would be modified by an addition to the second floor deck. The variance was sought for two reasons: 1) Because the existing structure was located in greater than 50% of the setback and 2) Because the proposed eaves would further encroach into the setback. The proposed addition would add no additional site coverage. At the hearing Mr. Erickson present a letter of support from 1063 Massachusetts Avenue. The Board questioned when the original part of the house was built which the architect believes to be around 1800. There were no questions from the audience. No one spoke in favor or in opposition of the petition. During the hearing final discussion the Board had no problem with the request and felt that the special permit met the by -law requirements, and that due to the unusual shape of the lot the variance should be granted. November 8, 2007 Minutes 6 The hearing closed at 8:04 pm. On a motion by Nyles Barnert and seconded by Martha Wood, the Board voted 5 -0, to approve the Variance for a side yard set back of 3.4 -feet instead of the required 10 -feet giving the shape of the lot as the hardship; and on a motion by Nyles Barnert, seconded by Martha Wood, the Board voted 5 -0 to approve the special permit to modify the pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Clerk November 8, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 39 Greenwood Street, Map and Lot 0058000226 The relief sought is for variance in accordance with section 135 -25, Table 2 of the Dimensional Controls of the Zoning By -law (CH 135 of the Code of the Town of Lexington) to allow a side yard set back of 10.28 -feet instead of the required 15 -feet side yard set back and a front yard set back of 28.34 -feet instead of the required 30 -feet front yard set back. 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Conservation Administrator and the Zoning Administrator. Ray Kobs, owner of the property, presented the petition. Mr. Kobs seeks to replace the existing uncovered stairs on the eastern side of the lot with new covered stairs. The proposed stairs would not further encroach in the front yard set back than the existing stairs. The applicant also seeks to construct a garage on the southern section of the lot attached to a recent addition to the house and would be 10.28 -feet from the side yard setback. Mr. Kobs explained he was trying to keep with the cape style of the neighborhood. The Board asked Mr. Kobs what was unique about the lot that could be considered a hardship and explained without a hardship they cannot justify a variance. They also asked why a two -car garage rather than a one -car garage. Mr. Kobs stated that other houses in the neighborhood were of similar style, had two car garages, and that allowing garage as proposed would provide safety. The Board also commented that the garage addition, as submitted, would make the house look more like a ranch than a cape. Board members felt that the lot would be crowded if the garage was built as proposed. It could identify no lot characteristics that justified the hardship requirements. However, the Board saw no issue in granting a variance from the front yard setback to replace the stairs; the relief was thought to be minimal. November 8, 2007 Minutes 8 There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:22 pm. On a motion by Martha Wood and seconded by Nyles Barnert, with a 2 -3 vote to approve the variance for the 10.28 -feet side yard set back the motion was denied. Leo McWeeney and David Williams voted in favor of the variance with Martha Woods, Nyles Barnert and Arthur Smith opposing. On a motion by Martha Wood and seconded by Nyles Barnert, with a vote of 5 -0, the Board approved the variance for the front yard set back of 28.34 -feet instead of the 30 -feet front yard setback required to replace the stairs. November 8, 2007 Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert and Associate Members Leo P. McSweeney, David Williams and Martha Wood Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 76 Bloomfield Street, Map and Lot - 0040000104 The relief sought is for a Special Permit in accordance with section 135 -29A of the Zoning By- law (Ch. 135 of the Code of the Town of Lexington) to extend the current non - conforming dormer. The Chairman opened the hearing at 8:23PM by reading the legal notice and described information received from the petitioner relative to the petition. Letters of support were received from 10 Minolta Road, 64 Bloomfield Street, 25 Highland Avenue and 31 Highland Avenue. Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Stephen Quatrano and Doreen Karoll, owners of the property, presented the petition explaining the need to build on an existing non - conforming structure to extend dormers and to build a roof over the landing. Mr. Quatrano stated that the existing dormer leaks and was not properly constructed. The reconstructed dormer would be a replacement of the existing dormer of the same proportions as the existing dormer. They presented an additional letter of support from 80 Bloomfield Street. The Board clarified the repair /alteration of the steps as an existing non - conforming condition therefore not needing a variance for the steps. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:30 pm. November 8, 2007 Minutes 10 On a motion by Martha Wood and seconded by Leo McSweeney, the Board voted 5 -0 to approve the special permit to extend the current non - conforming dormer. Submitted by: Dianne Cornaro, Clerk November 8, 2007 Minutes 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall November 8, 2007 Additional Business: 1. David George the Zoning Administrator spoke to the Board regarding a scribbler's error on the Decision for 54 Burlington Road. The Board authorized a letter to the Town Clerk describing the error will be filed. 2. The Chairman told the Board that the Selectmen has appointed Carolyn Wilson as a new member to the Board to fill Maura's vacancy and Jill Hai as a new Associate. 3. With a motion from Nyles Barnert, and a 5 -0 vote, the minutes for October 25, 2007 were approved. Submitted by Dianne Cornaro, Clerk.