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HomeMy WebLinkAbout2008-05-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 2 Essex Street, Map and Lot: 0072000462 The relief sought is for a variance in accordance with section 135 -35, Table 2 of the Dimensional Controls of the Zoning Bylaw to allow a front -yard set back of 16.56 feet instead of the required 30 -foot front yard set back. The Chairman opened the hearing at 7:30 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 Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator and the Conservation Administrator. William Bush, owner of the property, presented the petition. The petitioner seeks to construct a 26 -ft. by 6 -ft. porch to the front of the house. Also, the petitioner seeks to renovate the existing structure and add a second floor. Because the porch would encroach into the front -yard setback, a variance is required. As justification to grant the variance, the petitioner cites the original location of the structure on the lot as a limiting factor in constructing a front porch. Also, the applicant cites topography issues affecting the lot. Apparently, the topography was basis for constructing the structure in its present location. The Board asked if the second floor would be encroaching into the setback. They would not be since they are putting on a different pitch to the roof. There were no questions from the audience. Gladys Bingham of 0 Essex Street spoke in favor of the petition. No one spoke in opposition The hearing closed at 7:34 PM. On a motion by John J, McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to approve the variance to allow a front -yard setback of 16.56 ft instead of the required 30 -ft. Topography and the location of the house was the justification for the variance. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 54 Munroe Road, Map and Lot 0025000083 The relief sought is for a Variance in accordance with section 135 -35 of the Zoning Bylaw to allow a front yard set back of 17 ft instead of the required 30 ft front yard setback 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 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. Kris Maeda, owner of the property, presented the petition. The petitioner seeks to demolish the existing front steps, construct a 9.2 -ft. by 11 -ft. front entry addition with a larger set of steps. Also, the applicant seeks to demolish the existing carport and garage, and then construct a two - car garage with additional living space above. Because the porch and steps would encroach into the front -yard setback, a variance is required. As justification to grant the variance, the petitioner cites safety concerns due to the existing small front entry of the house as originally built. In 2005 a variance of 17 -ft. from the front -yard set back requirement was approved but the work had not been done due to an addition to the family. The Board asked for a clarification of the front vestibule and asked for confirmation that the previous variance received was for the same dimensions. There were no questions from the audience. No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 7:38 pm. The Board felt this was a reasonable request and saw no changes from the last variance issued. May 8, 2008 ZBA Minutes 3 On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law (Chapter 135 -35 of the Code of Lexington) to a front yard set back of 17 ft instead of the required 30 ft front yard setback Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 36 Fuller Road, Map and Lot: 0071000074 The relief sought is for a Variance in accordance with section 135 -35, Table 2 of the Dimensional Controls of the Zoning Bylaw to allow a 14.6 -ft. side -yard set back instead of the required minimum 20 -ft. side -yard set back. The Chairman opened the hearing at 7:40 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 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 Building Commissioner and the Zoning Administrator. Letters of support were received from Burton H. Smith of 31 Fuller Road, Mark. V. Swift of 31 Fuller Road and Charles and Eileen Doherty of 55 Bertwell Road. David Rix, owner of the property, presented the petition. The applicant proposes to construct a 386 sq. ft. addition to the existing structure. Because, the addition intrudes into the exterior side - yard setback, a variance is required. As justification of the variance, the petitioner indicates that topography issues affect the lot and limit where construction may occur. The lot contains a stonewall that runs approximately northwest to south. Adjacent to the wall is an area with slope increasing from 102 to 111 over 30 -ft. The Board asked if the addition violates the setback in two places and confirmed that the front steps are within setback. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition to the petition. The Chairman closed the hearing at 7:44 pm. May 8, 2008 ZBA Minutes 5 On a motion by Nyles B. Barnert and seconded by Carolyn C. Wilson, the Board voted, 5 -0, to approve the variance to allow a 14.6 -ft. side -yard set back instead of the required minimum 20 -ft. side -yard set back. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 33 Skyview Road, Map and Lot: 0090000081 The relief sought is for a Variance in accordance with section 135 -35 (Table 2 of the Dimensional Constrols) of the Zoning Bylaw to allow a side yard set back of 6.3 feet instead of the required 7.5 -feet side yard set back.. The Chairman opened the hearing at 7:45 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 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 Building Commissioner and the Zoning Administrator. Jennifer Schwartz, owner of the property, presented the petition. The applicant seeks to construct a 2 -story addition on an existing foundation. The lot is non - conforming and the structure placement limits what can be done to the existing home. In 1999 the petitioner was issued a town approved permit to build a full foundation and a deck with a side yard setback of 6 ft 3 inches. They are currently trying to obtain a building permit to construct on top of the existing foundation and move the existing deck. One of the Board members asked to clarify why the deck needs to be extended. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The Chairman closed the hearing at 7:49 pm. May 8, 2008 ZBA Minutes 7 On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted, 5 -0, to approve the variance to a side yard set back of 6.3 feet instead of the required 7.5 -feet side yard set back.. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 38 Robbins Road, Map and Lot: 0022000217 The relief sought is for a special permit to allow expansion or modification of a pre- existing nonconforming structure. The Chairman opened the hearing at 7:50 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 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 and the Building Commissioner. A letter of support was received from Patricia and Harry Robertson. Seth Moeller, owner of the property, presented the petition. The petitioner seeks to construct a dormer at the rear of the property, with the area under the dormer approximately 10 -ft. by 10 -ft. Because, this section is nonconforming, a special permit is required. The distance from the lot line to the affected portion of the house is approximately 10 -ft. As justification for the special permit, the applicant states the dormer is needed to provide a greater amount of living space in the structure. Based on the plot plan, the site coverage would not be increased, the degree of nonconformity is not greater than 50% of the required minimum setback, and it appears that the dormer would be of compatible architectural style as present structure. The application has checked off a request for variance. Upon further review, it was determined that a variance was not required. In addition, the maximum height of the structure in stories and feet appears to not be at issue based on the plans as submitted. One of the Board members asked to clarify the relief needed. There were no questions from the audience. Rachel Rosenblum of 36 Locust Avenue spoke in favor of the petition. No one spoke opposition to the petition. May 8, 2008 ZBA Minutes 9 The Chairman closed the hearing at 7:54 pm. On a motion by John J. McWeeney and seconded by Nyles N. Barnert, the Board voted 5 -0, to approve the special permit to enlarge the nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 7 Aerial Street, Map and Lot: 0013000065 The relief sought is for variance to allow a 19.1 ft. front -yard setback instead of the required minimum 30 ft. front -yard setback.; and a special permit to allow modification or expansion of a pre- existing nonconforming structure. The Chairman opened the hearing at 7:55 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 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 Building Commissioner, the Planning Administrator and the Zoning Administrator. Danielle Defrancesco, owner of the property, presented the petition. The petitioner seeks to construct a second floor addition and to expand the front entry (9.2 -ft. by 10.3 -ft. addition to front entry). Because the structure is non - conforming in the location of the proposed second floor addition, a special permit to expand or modify the structure is required. Because the front entry is being expanded within the front yard setback, a variance is required. As justification to grant a special permit, the applicant indicates that expansion of the property will be in scale with adjacent properties, will be in a compatible architectural style as adjacent properties, and that the existing non - conforming structure is not greater than 50% of the minimum yard setback. To justify the grant of a variance, the applicant indicates that the existing entrance is inefficient as an entrance, due to original construction of the building. Regarding whether the height exceeds the by -law for height in stories or feet, the applicant states, in their attached nature and justification, that engineers have confirmed the height is not exceeded for either height in stories or in feet. The Board asked for clarification of the hardship and how much of the lower floor is above ground. They also asked if the footprint was increased and how much did the front extensions come out. There were no questions from the audience. May 8, 2008 ZBA Minutes 11 No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 8:12 pm. The majority of the Board agreed the location of the building and the topography of the lot was a hardship that justified the variance. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 4 -1, with Judith Uhrig opposing, to approve the variance to allow a 19.1 ft. front -yard setback instead of the required minimum 30 ft. front -yard setback. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5 -0, to approve the special permit to allow modification or expansion of a pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 12 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judith J. Uhrig and Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 24 Tarbell Avenue, Map and Lot: 0013000137 The relief sought is for a special permit to allow modification or expansion of a pre- existing nonconforming structure. The Chairman opened the hearing at 8:12 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 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. Angelo Busa, representing the owners Shelly Cochran and Dennis Shirley, presented the petition. The petitioner seeks to expand the dormer on the southern side of the structure. The area affected under the dormer is approximately 7 -ft. by 12 -ft. Because construction is proposed within the nonconforming section of the house, a special permit is required. The distance from the lot line to the beginning of the affected section of the house is approximately 26 -ft. The applicant states that the dormer is needed to provide a greater amount of floor space for the structure, lost because of the slope of the roof. Based on the plans, the footprint is not being expanded, the degree of nonconformity is not greater than 50% of the required minimum yard setback, and it appears that the dormer will be of a similar architectural style as the existing structure. The applicant has checked off a request for variance. Upon further review, it was determined that a variance was not required. One of the Board members asked to clarify the need for the special permit. There were no questions from the audience. No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 8:15 pm. On a motion by Nyles N. Barnert and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit to allow modification or expansion of a pre- existing nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk May 8, 2008 ZBA Minutes 13 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 8, 2008 Other Business: 1) 324 Marrett Road — The Board discussed a letter that had been received from Kathleen A. Sousa, the Land Planning Manager for Cumberland Farms, requesting an extension of a special permit granted on May 11, 2006. Cumberland Farms is re- evaluating all of its development projects, including the Marrett Road project. No decision has been made as to the scope of this project, and until such time as a proposed plan has been agreed upon, Cumberland Farms would like to maintain its ability to construct the project under the subject special permit. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the extension for twelve months. The special permit will expire May 31, 2009. 2) On a motion by Carolyn Wilson and seconded by Nyles Barnett, the minutes for the April 10, 2008 Board of Appeals hearing were approved.