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HomeMy WebLinkAbout2015-10-22-ZBA-min 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