Loading...
HomeMy WebLinkAbout2013-06-27-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 27, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 36 Moon Hill Road, Map 8, Lot 26 The petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan; garage plans; elevations; Ma Cultural Resource Information; quit claim deed and a copy of the BOA decision dated March 10, 1955 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 Building Commissioner and the Zoning Administrator. Architects Jessica Gann and Art Swartz of Black River Architects presented the application for the owners of the property, Susan Greenhailgh explaining the proposed new 2-car garage. The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4., Table 2, Schedule of Dimensional Controls to allow a side yard setback of 5 ft. instead of the required 15 ft. Mr. Swartz presented letters of support from Dr. Steve Varga-Golovcsenko of 38 Moon Hill Road and Barbara Katzenberg and Peter Piela of 37 Moon Hill Road and a letter of support from the neighborhood design group. There were no questions from the audience No one spoke in favor or in opposition to this petition. The hearing was closed at 7:38 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.4., Table 2, Schedule of Dimensional Controls to allow a side yard setback of 5 ft. instead of the required 15 ft. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 27 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 27, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 479 Waltham Street, Map 24, Lot 63A The petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan: elevations; floor plans; photograph and building dimensions. 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 Building Commissioner, Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:38 pm by reading the legal notice and described information received from the petitioner. VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2 Schedule of Dimensional Controls to allow a side yard setbacks of 5 ft. in inches instead of the required 7 ft. 5 inches. Matt Eisendrath, soon-to-be owner of the property, presented the petition by describing the proposed project. A Board member asked the applicant to explain the need for the dormer; what will it give the applicant (Storage) and asked if the driveway was conforming. Michelle McDevitt of 483 Waltham Street spoke on behalf of her Mother wanting confirmation that the lot line is correct. They had had an issue many years ago and she wanted to make sure that the lot area was staked before any building is done. There were no questions from the audience. No one spoke in favor or in opposition to the petition. 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 approve a variance in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.1.1., Table 2, Schedule of Dimensional Controls to allow a side yard setback of 14.07 ft. instead of the required 15 ft. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 27 2013 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 27, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 13 Sherman Street, Map 48, Lot 161 The petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan and a Purchase and Sales Agreement dated February 2013. 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, Engineering, Health Director and the Zoning Administrator. At the hearing an updated plot plan was presented to the Board. 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 PERMITin accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow a front yard setback of 22 ft. instead of the required 30 ft. front yard setback. Walter Scott, a Contractor and owner of the property, presented the petition describing the location of the proposed house. Due to an easement on the back of the property there is a small area to build which is the reason the applicant is requesting a 22 ft. front yard setback . A Board member asked where would the run off go. (In a drywell.) Another Board member asked what would happen if the petition was denied. (He would need to build a long narrow home.) A Board member asked what were the terms of the easment. (The easement is for a pipe for the Vine Brook, which prohibits construction on the easement.) Suzanne Pitney of 19 Sherman Street commented that Mr. Scott did not know of the easement until after he bought the property. (Mr. Scott responded that he did know about it.) Julie Kelly of 15 Sherman Street was concerned that most of the homes are not forward into the setback as Mr. Scott had indicated. She is opposed to the petition. BOA Meeting June 27 2013 4 Mrs. Hill of 11 Sherman Street were not opposed to the new house, she wants to make sure it fits into the neighborhood and that drainage was addressed. Steven Hill of 11 Sherman Street and Wanda Gilbert of 17 Sherman Street also spoke in opposition to the petition. After hearing the concerns of the neighbors a Board member asked how far back the existing structure is. (26 ft.) The applicant explained to the Board his plans for the drywell. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 3-2 to approve a SPECIAL PERMITin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 to allow a front yard setback of 22 ft. instead of the required 30 ft. front yard setback. David Williams and Ralph Clifford voted no to the request. The application is DENIED. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 27 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room June 27, 2013 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, David G. Williams and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1. On a motion Jeanne K. Krieger and seconded by Leo P. McSweeney, the board voted 3-0 to accept the minutes of June 9, 2013. 2. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk