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HomeMy WebLinkAbout2009-01-22 ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 22, 2009 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator The Chairman read a letter, dated January 22, 2009 from Steven Schwartz, Attorney for Avalon Bay requesting the hearing for the review of a July 14, 2008 decision of the Building Commissioner be postponed until March 26, 2009. The Board questioned if the town was holding up occupancy with this delay. There was a concern that it would become a financial hardship. On a motion by Arthur C. Smith and seconded by Carolyn C. Wilson, the Board voted 5 -0 to postpone the hearing as requested until March 26, 2009 at 7:30 pm. January 22, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 22, 2009 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 18 Coolidge Avenue, Map 63, Lot 85 The Chairman opened the hearing at 7:35 PM by reading the legal notices and described information received from the petitioner relative to the petition. Thomas Frangas of Build America presented the petition for the owners of the property, Victor and Lauren Onorato. The petitioner seeks two variances to demolish the existing one car garage and replace it with a larger two -car garage with living space above the garage. The existing structure is non- conforming with respect to front and rear yard setback. 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 and the Planning Board. Comments were received from the Engineering Department and the Zoning Administrator. A letter was submitted by the Engineering Department from John Decoulos, a professional land surveyor, regarding an error in the plot plan recorded at the Registry of Deeds. One of the Board members was concerned with the rear setback being so close to the neighbor. The Board asked if the driveway would be changing and if there would be landscaping done next to the garage. Susan Abigail James of 17 Coolidge Avenue questioned how the water would run off from the driveway. Bernice Fallick of 4 Dielh Road had a concern about the high water table problem in the area and how the water run off into her lot will be affected. One of the Board members asked the contractor if he was aware of the water issues in the area and if a drywell would help this issue. The contractor said there were no plans for a storm water drain. The driveway is not being paved and not sure there is any issue. Doesn't expect any impact with the addition. January 22, 2009 ZBA Minutes 3 Gary Fallick of 4 Dielh Road asked if the garage was on a slab or excavated. It will be 4 -feet into the ground. When asked by Bernice Fallick what basis does the Board use to decide if this is acceptable or not the Chairman explained the by -law to her. No abutters spoke in opposition. Susan Abigail James of 17 Coolidge Avenue spoke in support of the petition. When asked what was the hardship for this petition the contractor stated that there was 16 -feet in the deed that was missing. What they thought they were buying doesn't exist, therefore the location of the house on the lot is what they would consider to be a hardship. The hearing was closed at 7:59 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 side yard setback of 14 ft instead of the required 15 ft side yard setback.. 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 rear yard setback of 7 ft. instead of the required 15 ft. rear yard setback to build an addition with the following conditions: 1. A drywell shall be installed at the rear of the addition. 2. The driveway shall not be paved. 3. The deed shall be updated at the Registry of Deeds with the correct plot plan recorded. Submitted by: Dianne Cornaro, Administrative Clerk January 22, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 22, 2009 Board Members Present: Chairman — Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 36 Webster Road, Map 9, Lot 75 The Chairman opened the hearing at 8:00 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is to renew a special permit to operate an educational workshop home business. 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 and the Planning Board. Comments were received the Health Department and the Zoning Administrator. Sara Lane, owner of the property and business presented the petition. There have been no complaints or issues with the home business. Ms. Lane said it is still relatively a small business. The board discussed the conditions from the original special permit. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:04 PM. On a motion by Arthur C. Smith and seconded by John J. McWeeney, the Board voted 5 -0 to renew the special permit for a period of five years with the following conditions as discussed: 1. The special permit is granted for five years, with an expiration date of January 31, 2014. An application to renew the special permit may be filed by the applicant eight weeks before expiration. 2. No more than ten (10) clients of the home occupation are allowed to the premises per day. January 22, 2009 ZBA Minutes $ 3. The hours of operation shall be 7AM to 9PM for no more than five days in any one -week. Submitted by: Dianne Cornaro, Administrative Clerk