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HomeMy WebLinkAbout2013-07-11-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood 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 representing Armando Mancini requesting to withdraw the petition for an appeal of a decision of the Zoning Administrator, dated November 28, 2012 On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to allow the petition to be withdrawn without prejudice Su6mittcd 6y: Dia nnc Cornaro,.,4dministraft r'c Clerk, Be)A Meeting Jul\ 11 2013 1; 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 0 Downing Road, Map 33, Lot 157 and 29 Downing Road, Map 33, Lot 158A The petitioner submitted the following information with each application nature and justification of request, topographic plan, plot plan, 1978 and 1981 deeds, tax bills for 0 and 29 Downing Road Prior to the hearing, the petitions 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, Planning Director and the Zoning Administrator The Chairman opened the hearing at 7 30 pm by reading the legal notice for each of the petitions and described information received from the petitioner Attorney Edmund Grant presented the application for the owner of the property, Suzanne B Caton Todd Cataldo, who has signed a purchase and sale with Ms Caton was also present The petitioner is requesting 4 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2 Schedule of Dimensional Controls 1) To allow minimum lot size of 10,920 sq ft instead of the required 15,500, 2) Allow lot frontage of 50 ft instead of the required 125 ft , and 3 & 4) Allow 2 side yard setbacks of 7 5 ft each instead of the required 15 ft for 0 Downing Road and, 3 VARIANCES 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. 1) A minimum lot size of 10,799 sq, ft, instead of the required 15,500 sq ft , 2) To allow frontage of 50 ft instead of the required 125 ft; and 3) To allow a side yard setback of 7 ft instead of the required 15 ft side yard setback for 29 Downing Road Attorney Grant presented the history of the 2 lots to the Board and explained Ms Caton had bought 0 Downing Road as an investment for retirement and had paid separate tax bills on the two lots Be)A Meeting Jul\ 11 2013 1; A Board member had noticed the driveway goes into both lots, is there an easement (If practical they will move the driveway or they will arrange for an easement) A Board member asked the Zoning Administrator for clarity for the front yard setback. There were no questions from the audience Krisann Leonard of 19 Downing Road spoke of her concern with further development on Downing Road due to water issues, the smell of gas on the street and the crumbling infrastructure of the road No one spoke in favor to this petition The hearing was closed at 7 59 pm On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-1 (with Martha Wood opposing) to approve the following 4 variances for 0 Downing Road in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4 4, Table 2 Schedule of Dimensional Controls 1) To allow minimum lot size of 10,920 sq ft instead of the required 15,500, 2) Allow lot frontage of 50 ft instead of the required 125 ft , and 3 & 4) Allow 2 side yard setbacks of 7 5 ft each instead of the required 15 ft and, On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-1 (with Martha Wood opposing) to approve the following 3 variances for 29 Downing Road 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. 1) A minimum lot size of 10,799 sq, ft, instead of the required 15,500 sq ft , 2) To allow frontage of 50 ft instead of the required 125 ft, and 3) To allow a side yard setback of 7 ft instead of the required 15 ft side yard setback. Su6mittcd 6y: Dia nnc Cornaro,.,4dministratir'c Clerk, Be)A Meeting Jul\ 11 2013 1; 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 8 Larchmont, Map 64, Lot 90 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan elevations, floor plans, photograph and letters of support from Charlotte Fruciano of 6 Larchmont Lane and Matthew Iverson of 12 Larchmont Lane 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, the Planning Director and the Zoning Administrator The Chairman opened the hearing at 8 02 pm by reading the legal notice and described information received from the petitioner The petitioner is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-41 1 Table 2, Schedule of Dimensional Controls to allow a side yard setback of 8 9 ft instead of the required 15 ft side yard setback. Architect Carl Oldenburg presented the petition for the owner of the property , Young Chun Blom by describing the proposed addition A Board member asked the distance from the garage to the adorning house (Not sure) and if they were planning on maintaining the existing driveway The Board had a discussion with Mr Oldenburg and the owners of the property pertaining to the size of the driveway It was agreed that they would remove part of the orignial driveway which is shown in Exhibit 1 attached A Board Member asked how they would maintain privacy with their neighbors and how the stormwater would be handled (Mr Oldenburg explained the plans for the groundwater) There were no questions from the audience Joe Fruciano of 6 Larchmont Lane spoke in favor of the petition Be)A Meeting Jul\ 11 2013 1; 5 A Board member expressed a concern with the privacy of the abutters and the applicant told her there were no windows on that side of either home so there were no privacy issues No one spoke in opposition to the petition The hearing was closed at 8 23 pm On a motion by Martha C Wood 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 8 9 ft. instead of the required 15 ft. side yard setback with the condition that the driveway conforms to the plans as drawn out at the hearing and shown on Exhibit A. Submitted by. Dianne Cornaro Administrative Clerk Be)A Meeting Jul\ 11 2013 1; 6 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 447 Waltham Street, 32, Lot 7 The petitioner submitted the following information with the application nature and justification of request, plot plan, elevations, floor plan and an Impact Neighborhood statement from the owners dated July 2, 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 and the Zoning Administrator At the hearing letters of support were received from Michelle Gates of 455 Waltham Street, Karen K. Smith of 439 Waltham Street, Heather Tashjian of 435 Waltham Street and Patience Eisendrath, address unknown The Chairman opened the hearing at 8 25 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 of the Code of Lexington) section 135-8 4 2 and section 135-9 42 to allow an increase in a nonconforming structure Barry Oates, owner of the property, presented the petition explaining the proposed projct of raising the roofline an additional 6 5 ft and adding a shed dormer to the top level There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 8 28 pm Be)A Meeting Jul\ 11 2013 1; 7 On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and section 135-9 42 to allow an increase in a nonconforming structure Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, Be)A Meeting Jul\ 11 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 47 Woburn Street, Map 48, Lot 272 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan and floor plans 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 Zoning Administrator The Chairman opened the hearing at 8 28 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 of the Code of Lexington) section 135-8 4 2 and 135-9 4 2 to allow an increase in a nonconforming structure Architect Bill Erickson presented the petition for the owners of the property Jennifer and David Parsons A Board member asked what was the present square footage of the home and would it be once completed There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing closed at 8 34 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 of the Code of Lexington) section 135-8 4 2 and 135-9 4 2 to allow an increase in a nonconforming structure Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk, Be)A Meeting Jul\ 11 2013 1; 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 11 Hancock Street, Map 56, Lot 57 The petitioner submitted the following information with the application nature and justification of request, plot plan, elevations, floor plans and letters of support from 7 abutters 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 Historic District Commission and the Zoning Administrator The Chairman opened the hearing at 8 34 pm by reading the legal notice and described information received from the petitioner Daniel Abramson, owner of the property, presented the petition The applicant proposes to add a bathroom and mudroom addition to the front of the existing structure The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and 135-9 4 2 to allow modification on a nonconforming structure There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing closed at 8 34 pm On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8 4 2 and 135-9 4 2 to allow an increase in a nonconforming structure Su6mittcd 6y: Dia line Cornaro,.,4dministratir'c Clerk, Be)A Meeting Jul\ 11 2013 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room July 11 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, David G Williams and Martha C Wood Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS There was no other business taken On a motion by Leo P McSweeney and seconded by Martha C Wood, the meeting was adjourned Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk,