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DRAFT - Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 22, 2015
Board Members Present: Chairwoman, Jeanne Krieger, Leo P. McSweeney, David G.
Williams and Associate member F. David Wells
Also present at the hearing was Associate Richard Michelson
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 43 Wachusetts Drive, Map 33, Lot 197
The petitioner submitted the following information with the applications: nature and
justification of request; topographic plan; plot plan; foundation plans and 2 emails
dated September 25, 2015 to David George with missing information.
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
Clerk and the Zoning Administrator.
2 Variances
The petitioner is requesting in accordance with the Zoning By-Law
a
(Chapter 135 of the Code of Lexington) Section 135-4.4, Table 2; Schedule of
Dimensional Controls to allow: 1) A right side yard setback of 5 ft. Instead of the
required 20 ft. side setback; and 2) A rear yard setback of 7 ft. instead of the required
15 ft. rear yard setback.
The Chairwoman opened the hearing at 7:34 pm by reading the legal notices and
described information received from the petitioner.
Brad Libby, owner of the property, presented the petition.
The applicant seeks to remove the existing garage and relocate to a different location
in the yard. The proposed dimensions would be 7.1 ft. from the right side-lot lone and
7 ft. from the rear lot line.
A Board member asked about the placement of the existing driveway 1 foot away from
the property line. Pre-existing conditions are protected as long as they are not being
modified. Any modifications would need to be set 5 ft. from the lot line.
Two Board members had questions regarding the garage. Is it 2-story and what will
nd
the 2 story be used for; (Yes, it will be used for storage) and why not have the
garage tandem so you would not need the Variance. (Not practical.) Another Board
member was not comfortable with the request for a 5 ft. right side setback.
BOA Meeting October 22, 2015 2
A Board member commented that he did not think moving it would make a difference
and will not support a 5 ft. setback.
A Board member thought that moving it would make one of the bays hard to get in to
and another asked for clarification as to what setback was needed. It would not be a
direct line into the garage.
Discussion followed on what setback could be acceptable to the Board and to the
applicant as well.
A Board member wanted the applicant to understand if we turn him down he would not
be able to come back with a plan for 2 years but
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 7:50 pm.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood 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 rear
yard setback of 7.1 ft. instead of the required 15 ft. rear yard setback.
On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney the board
voted 3-2 (with Martha Wood and David Williams in opposition) 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 right side yard setback
This variance is denied.
of 7.1 ft instead of the required 10 ft. right side yard setback.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 22, 2015 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 22, 2015
Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P.
McSweeney, David G. Williams and Associate member F. David Wells
Also present at the hearing was Associate Richard Michelson
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 12 Brookside Avenue, Map 24, Lot 93
The petitioner submitted the following information with the application: Nature and
justification; plot plan; letter dated September 25, 2015 from the applicant’s Attorney
Molly Obendorf and George Demakarakos and a letter responding to the Zoning
Administrator’s questions.
Prior to the meeting, 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
Commission and the Zoning Administrator.
Variance
The petitioner is requesting a 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 right side yards setback of 8 ft. instead of the required
15 ft. side yard setback.
The Chairwoman opened the hearing at 7:53 pm by reading the legal notices and
described information received from the petitioner.
Steve Macchia, owner of the property, presented the petition with his contractor, TJ
Meltin.
The applicant seeks to construct a 25.0 ft. by 26.0 ft. two-car garage with living space
above.
A Board member spoke that she would like to see no less than a 10 ft. setback and
though 26 ft. was a lot for a two-car garage.
Another Board member asked why is the petitioner looking for 26 ft. for the garage
when the hearing before only needed 22 ft. (He needs room for stairs.)
The Board and Mr. Macchia discussed where else the stairs could go and if he would
like to continue the hearing to speak with his architect or take a straw vote as to what
setback the Board would agree on.
BOA Meeting October 22, 2015 4
Mr. Macchia asked for a straw vote. With an 8-ft. setback 3 would approve and 2
would deny. With a 10-ft. setback all would approve.
Mr. Macchia did not understand the fairness of the vote but did ask for a 10-ft. setback.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition
The Chairwoman closed this hearing at 8:12 pm.
On a motion by Leo McSweeney and seconded by David Williams the Board voted 5-0
Variance
to approve a 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 right side yards setback of 10 ft. instead of the required 15 ft. side yard
setback.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 22, 2015 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 22, 2015
Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P.
McSweeney, David G. Williams and Associate member F. David Wells
Also present at the hearing was Associate Richard Michelson
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 4 Lake Street, Map 50, Lot 159
The petitioner submitted the following information with the application: Nature and
justification; topographic plan; Plan of the land; elevations; floor plans; copy of ZBA
decision dated June 12, 2014 and an email from Beverly and John Shank of 2243
Massachusetts Avenue in support of the project.
Prior to the meeting, 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 and the Zoning Administrator.
Variance
The petitioner is requesting a in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section Section 135-4.4, Table 2 Schedule of
Dimensional Controls to allow a front yard setback of 24.3 ft. instead of the required
Special Permit
30 ft. front yard setback and a to allow modification to a
nonconforming structure in accordance with sections 135-8.4.2 and 135-5.9.4.
The Chairwoman opened the hearing at 8:14 pm by reading the legal notices and
described information received from the petitioner.
Property owner Richard Chan presented the petition with Erica Downs.
Previous zoning relief was granted on June 14, 2015 to allow modifications to a non-
conforming structure- removal of a side yard porch and replacement with a full porch
addition extending from the left side of the house to the front of the house. The
approved setbacks were 8.6 ft. from the left side yard lot line instead of the required 10
ft. After the porch was constructed the applicant discovered that the porch and steps
were constructed larger than previously approved. The porch is located 8.2 ft. from
the lot line instead of the previously approved 8.6 ft. The porch is also located 24.3 ft.
from the front lot line instead of the required 30 ft. resulting in a new nonconformity.
BOA Meeting October 22, 2015 6
A Board member complimented Mr. Chan on the project and thought they did a nice
job.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 8:19 pm.
On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board
Variance
voted 5-0 to approve a in accordance with the Zoning By-Law (Chapter 135
of the Code of Lexington) section Section 135-4.4, Table 2 Schedule of Dimensional
Controls to allow a front yard setback of 24.3 ft. instead of the required 30 ft. front
Special Permit
yard setback and a to allow modification to a nonconforming structure
in accordance with sections 135-8.4.2 and 135-5.9.4.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 22, 2015 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 22, 2015
Board Members Present: Chairwoman Martha C. Wood, Jeanne Krieger, Leo P.
McSweeney, David G. Williams and Associate member F. David Wells
Also present at the hearing was Associate Richard Michelson
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Other Business:
There was no other business.
Submitted by: Dianne Cornaro, Administrative Clerk