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HomeMy WebLinkAbout2014-12-11-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 11 2014 Board Members Present: Chairman — Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member Laura Hussong Also present at the hearing was Associate Member James Osten Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 7 Albemarle Avenue, Map 20, Lot 112 The petitioner submitted the following information with the applications nature and justification of request; topographic plan, plot plan, floor plans and elevations 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, Historical Commission and the Zoning Administrator Comments were received from the Building Commissioner 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 at 7 34 pm by reading the legal notices and described information received from the petitioner Karen Thompson, owner of the proprty presented the petition Ms Thompson is seeking to remove the existing deck and stairs and then construct an 18 ft. by 30 ft. two car carport and deck addition The Chairperson asked if the stairs on the deck would be to the side or to the rear They will not be extending out from the deck line A Board member asked if there would be access to the house from the carport. No, she will still need to go up the stairs to the deck to get into the house Other Board members asked what the degree of the slope was for the driveway and did it slope around back of the house The driveway will be flush with the street. It does not slope A Board member questioned the chairlift on the side of the deck. Ms Thompson answered it had been put in for her mother who had been in a wheelchair There were no questions from the audience No one spoke in opposition to the petition The Chairwoman closed the hearing at 7 39 pm BOA Meeting December 11,2014 2 On a motion by Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 5-0, 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 (addition) Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk BOA Meeting December 11,2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 11 2014 Board Members Present: Chairman — Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member Laura Hussong Also present at the hearing was Associate Member James Osten Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 40 Lincoln Street, Map 50, Lot 5 The petitioner submitted the following information with the applications nature and justification of request; a non-certified site plan, floor plans and elevations 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, Historical Commission and the Zoning Administrator Comments were received from the Building Commissioner, the Health Director, the Historical Commission 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 at 7 40 pm by reading the legal notices and described information received from the petitioner Tom Fleming and Anne Wilkes, owners of the proprty presented the petition The applicants are seeking to extend the front porch and add two new sets of stairs The Chairperson commented having no plot plan was a problem The Board had no way of knowing the current setbacks and what is the relief they will are now asking for The Board cannot make a decision without a plot plan from a certified surveyor After discussion, the applicants requested to be continued until January 22, 2015 On a motion by Leo P McSweeney and seconded by Edward D McCarthy, the Board voted 5-0 to continue the hearing until January 22, 2015 Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk BOA Meeting December 11,2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 11 2014 Board Members Present: Chairman — Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member Laura Hussong Also present at the hearing was Associate Member James Osten Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 7 Shirley Street, Map 64, Lot 4A The petitioner submitted the following information with the applications nature and justification of request; plot plan, floor plans and elevations 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, Historical Commission and the Zoning Administrator Comments were received from the Building Commissioner, the Historical Commission 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 at 7 54 pm by reading the legal notices and described information received from the petitioner James and Christina Leitch, owners of the proprty presented the petition They are seeking to remove the existing deck and bulklhead and construct a 7 7 ft. to 13 3 ft. one story addition onto the rear of the house The Chairperson asked if the stairs on the deck would be to the side or to the rear They will not be extending out from the deck line A Board member clarified the dimensions of the addition Another Board member asked if there would be a new plan for the bulkhead They said that there would not be a bulkhead, but that the new stairs on the side would provide the required basement egress A Board member asked if they had gone before the HC yet. They are preparing the application for submittal There were no questions from the audience No one spoke in opposition to the petition BOA Meeting December 11,2014 5 The Chairwoman closed the hearing at 7 59 pm On a motion by Leo P McSweeney and seconded by Laura Hussong, the Board voted 5-0, 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 (addition) Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk BOA Meeting December 11,2014 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room December 11 2014 Board Members Present: Chairman — Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member Laura Hussong Also present at the hearing was Associate Member James Osten Administrative Staff Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 476 Bedford Street, Map 84, Lot 69 The petitioner submitted the following information with the applications nature and justification of request; topographic plan, plot plan, floor plans, elevations and copies of ZBA decisions from 1953, 1962, 1970 and 1990 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, Historical Commission and the Zoning Administrator Comments were received from the Building Commissioner, the Conservation Administrator, the Planning Department and the Zoning Administrator The petitioner is requesting the following relief 1 VARIANCE from section 135-4 4, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 40 7 ft. instead of the required 233 ft., 2 VARIANCE from Table 2 to allow a side yard setack of 31 8 ft. instead of the required 50 ft., 3 Modification of the May 10, 1990 USE VARIANCE allowing a veterinarian office and animal hospital The Chairman opened the hearing at 8.00 pm by reading the legal notices and described information received from the petitioner Brian Holub, CMO of VetCor presented the petition for the property owner, Dr Howard Smith Dr Smith would like to add a 276 sq ft. addition to the existing structure and to add a handicap accessible ramp to the front of the building Mr Holub exxplained they will be going before the Conservation Commission to get approval for the proposed project. A Board member asked if they would be adding new landscaping the property (Yes they will be ) BOA Meeting December 11,2014 7 There were no questions from the audience No one spoke in opposition to the petition The Chairwoman closed the hearing at 8 08 pm On a motion by Laura Hussong and seconded by Leo P McSweeney the Board voted, 5-0, to grant the following relief. 1 VARIANCE from section 135-4 4, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 40 7 ft. instead of the required 233 ft., 2 VARIANCE from Table 2 to allow a side yard setack of 31 8 ft. instead of the required 50 ft., 3 Modification of the May 10, 1990 USE VARIANCE allowing a veterinarian office and animal hospital Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk BOA Meeting December 11,2014 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room November 13 2014 Board Members Present: Chairman — Chairman —Jeanne K. Krieger, Edward D McCarthy, Leo P McSweeney, David G Williams and Associate Member Laura Hussong Also present at the hearing was Associate Member James Osten Administrative Staff. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business 1 On a motion by Leo P McSweeney and seconded by David G Williams, the Board voted to accept the minutes of November 13, 2014 Submittal by: (Dianne Cornaro,Achnimstratrvc CCcrk