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HomeMy WebLinkAbout2014-11-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room November 13 2014 Board Members Present: Chairman — Martha C Wood, Jeanne K. Krieger, Leo P McSweeney and David G Williams Administrative Staff David George, Zoning Administrator Address 70 Woburn Street, Map 47, Lot 29 The petitioner submitted the following information with the applications nature and justification of request; plot plan, floor plans and elevations and photographs 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, Economic Development; the Historic District Commission Clerk and the Zoning Administrator Comments were received from the Building Commissioner, the Conservation Administrator and the Zoning Administrator The petitioner requested a SPECIAL PERMIT in accordance with 135-8 4 2 and 135- 9 4 of the Zoning Bylaw to allow modification (addition) of a non conforming structure The Chairman opened the hearing by reading the legal notices and described information received from the petitioner Architect Carl Oldenburg presented the petition for the property owners, Patrick and Brenda Netreba, explaining the proposed addition to the existing structure At the hearing Mr Oldenburg presented to the Board pictures of the existing house and the proposed modifications and letters of support from Walter Terano of 81 Woburn Street, Debra Hudak of 4 Cottage Street, Deborah Osber of 8 Cottage Street and Julien and Marilyn Farland of 14 Cottage Street. A Board member asked if the chain link fence would be taken down He felt the fence was not in keeping with the character of the house or the neighborhood Mr Netreba told the Board he would like to take the fence down and replace it but it is not in the immediate plans As soon as they have the money to do it they will They need the fence up for the safety of his 22 month old daughter Another Board member asked what is the total living area on the existing and the proposed space The existing is 1,673 square feet and the addition will be 548 square feet which will make the total living space 2,221 square feet. He also had a concern with the water run off into the neighbors lot. Mr Netreba felt that it was addressed with the gutters they have planned There never was a problem before and they do not expect any run off issues now David Shepard of 75 Woburn Street and Ms Tierney of 93 Woburn Street spoke in favor of the petition BOA Meeting November 13 2014 2 Ms Tierney stated she did not receive a notice card for the hearing The Chairwoman explained that she was outside of the 300 feet required for notice No one from the audience had any questions No one spoke in opposition to the petition Mr Oldenburg requested a poll of the Board prior to closing the hearing so that that if it was going to be turned down they would have the opportunity to withdraw the petition so that it could be reworked The Chairwoman asked the Board if any of them were going to vote in opposition to the petition During discussions a Board member wanted it to be noted that he thinks the fence should be taken down and that it adversely affects the house and the neighborhoods character The Chairwoman duly closed the hearing On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-0, to grant a SPECIAL PERMIT, from Ch 135 of the Code of the Town of Lexington (Zoning By-Law) in accordance with §135-8 4 2 and § 135-9 4, to allow modification of a nonconforming structure (expansion), subject to the following 1 Construction of the additions shall conform substantially to the plans submitted with the application 2 Location of the additions shall conform substantially to the locations shown on the plan entitled, "Certified Plot Plan, 79 Woburn Street, Lexington MA" prepared by Boston Survey, Inc , dated 10/16/14 Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk BOA Meeting November 13 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room November 13 2014 Board Members Present: Chairman — Chairman —Martha C Wood, Jeanne K. Krieger, Leo P McSweeney and David G Williams Administrative Staff. David George, Zoning Administrator Other Business 1 On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted to accept the minutes of October 23, 2014 Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk