HomeMy WebLinkAbout2013-05-09-ZBA Minutes
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 9, 2013 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 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.
BOA Meeting May 9, 2013 3
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%.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 9, 2013 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 9, 2013 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting May 9, 2013 6
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
May 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.
On a motion by Martha C. Woodand seconded by , the
2. Jeanne K. Krieger
meeting was adjourned.
Submitted by: Dianne Cornaro, Administrative Clerk