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HomeMy WebLinkAbout2013-05-09-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 9 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 6-8 Curve Street, Map 22, Lot 28 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, awning, flagpole and shed specifications and HDC Certificate of Appropriateness Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the HDC Clark and the Zoning Administrator The Chairman opened the hearing at 7 31 pm by reading the legal notice and described information received from the petitioner The applicant is requesting 3 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) sections 135-8 4 2 and 135-9 4 2 to allow a shed, awning and flag pole Joseph Hunt, owner of the property, presented the petition The applicant had received approval from the Historic Districts Commission on February 6, 2013 There were no questions from the Board members There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 34 pm On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to grant the 3 SPECIAL PERMITs in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) sections 135-8 4 2 and 135-9 4 2 to allow a shed, awning and flag pole as shown on plans submitted with the application Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, B()A Meeting Man 9 2913 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 9 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 40 Coolidge Avenue, Map 63, Lot 93 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, floor plans and photographs Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Health Director and the Zoning Administrator The Chairman opened the hearing at 7 35 pm by reading the legal notice and described information received from the petitioner The applicant is requesting the following relief. 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-6 7 7 1 to allow a lot area of 14,860 square feet instead of the required 15,500 square feet; 2) SPECIAL PERMIT from section 135-6 7 7 to allow an accessory apartment and 3) VARIANCE from section 135-4 1 1 to allow site coverage of 22% instead of 15% A Board member questioned if the bathroom and bedroom doors were handicapped accessible and asked what the 2 ways of egress out of the house were Bebe Fallick of 4 Diehl Road asked if the addition was behind the existing fence (Fence will be shortened) Deborah Thompson of 50 Coolidge Avenue had a concern with the largest house on the street getting larger A Board member followed with a question as to what the square footage of the entire house will be (Somewhere around 5,000 sq ft) Tamara Jo, owner of the property, spoke to the Board and the audience saying this addition is to add a 1 level apartment for her mother who has come to live with them to help care for Ms Jo's 3 children The apartment is to give her mother and the family privacy No one spoke in favor Be)A Meeting Man 9 2913 1; The hearing was closed at 7 50 pm On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-6 7 7 1 to allow a lot area of 14,860 square feet instead of the required 15,500 square feet On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-6 7 7 to allow an accessory apartment On a motion by Jeanne K. Krieger and seconded by William P Kennedy, the Board voted 5-0 to grant a VARIANCE from section 135-4 1 1 to allow site coverage of 22% instead of 15% Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, Be)A Meeting Man 9 2913 1; 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 9 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 10 Chase Avenue, Map 13, Lot 156 The petitioner submitted the following information with the application nature and justification of request; a topographic plan, a plot plan and elevations Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator The Chairman opened the hearing at 7 50 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 Code of Lexington) section 135-8 4 2 and 135-9 4 to allow an increase in nonconforming nature of a residential structure Syed Zaidi, owner of the property, presented the petition by explaining the project to modify and renovate the second floor of their home The Board had no questions There were no audience questions No one spoke in favor or in opposition to the petition The hearing was closed at 7 53 pm On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law (Chapter 135 Code of Lexington) section 135-8 4 2 and 135-9 4 to allow an increase in nonconforming nature of a residential structure Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, Be)A Meeting Man 9 2913 1; 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 9 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 673 Waltham Street, Map 16, Lot 10 The Chairman received a letter from Attorney Michael W Wiggins requesting the Board further extend the 65 day period to conduct a hearing on the above appeal to July 11, 2013 and the deadline for the constructive grant to be extended until August 22, 2013 Board members asked why the extension and if the parties involved were working to dismiss the appeal of the decision of the Zoning Administrator On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to extend the 65 day period to conduct a hearing on the above appeal to July 11, 2013 On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to extend the deadline for the constructive grant to August 22, 2013 Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, Be)A Meeting Man 9 2913 1; 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 9 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate member William P Kennedy Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS 1 On a motion Martha C Wood and seconded by Jeanne K. Krieger, the board voted 3-0 to accept the minutes of April 24, 2013 2 On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the meeting was adjourned Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk,