HomeMy WebLinkAbout2015-11-12-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
November 12, 2015
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo
P. McSweeney, David G. Williams and Martha C. Wood
Also present at the hearing was Associate Ralph D. Clifford
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 5 Bruce Road, Map 14, Lot 9
The petitioner submitted the following information with the applications: nature and
justification of request; plot plan; elevations; floor plans; email dated October 23, 2015
from petitioner to clarify information received; Letter of support from Maria Kulikova
and Anne Yungelson of 7 Bruce Road and David Nuss and Ann Scofield of 6 Bruce
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, Economic Development; the Historic
District Commission Clerk, Historical Commission and the Zoning Administrator.
Comments were received from the Building Commissioner and the Zoning
Administrator.
variance
The petitioner is requesting the following relief: 1) 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 front yard yard setback of 24.4 ft. Instead
odification to a variance
of the required 30 ft. front yard; and 2) a mpreviously
granted on September 9, 2005 to allow modification of the previously approved plans.
The Chairwoman opened the hearing at 7:33 pm by reading the legal notices and
described information received from the petitioner.
Sunil Desai, owner of the property, presented the petition.
The applicant seeks remove an existing porch and stairs and construct a 5.0 ft. by
18.5 ft. front entry with porch and stairs 24.4 ft. front the front lot line and convert the
deck over the garage to habitable living space, maintaining the previously allowed 12.9
ft. setback.
Board members asked what the square footage of the proposed addition was (1,080
sq. ft.); and is the addition 2 stories. (No, just one.)
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 7:36 pm.
BOA Meeting November 12, 2015 2
On a motion by Leo P. McSweeney and seconded by Martha C. Wood the Board
variance
voted 5-0 to approve the 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 front yard yard setback of 24.4 ft. Instead of the required 30 ft. front
odification to a variance
yard; and and grant a mpreviously granted on September 9,
2005 to allow modification of the previously approved plans
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting November 12, 2015 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
November 12, 2015
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo
P. McSweeney, David G. Williams and Martha C. Wood
Also present at the hearing was Associate Ralph D. Clifford
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 37 Justin Street, Map 14, Lot 9
The petitioner submitted the following information with the application: Nature and
justification; topographic plan; plot plan; elevations and floor plans.
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.
Special Permit
The petitioner is requesting a in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) sections 135-8.4.2 and 135-5.9.4 to allow
reconstruction and expansion of a nonconforming structure.
The Chairwoman opened the hearing at 7:37 pm by reading the legal notices and
described information received from the petitioner.
Muhammed A. Rahman, owner of the property, presented the petition.
The applicant seeks to demolish the existing nonconforming structure and reconstruct
a larger, 4,000 sq. ft., single family dwelling.
The Chairwoman was concerned that the applicants had not yet gone before the
Conservation Commission with their plans. She recommended they continue this
hearing until after they met with the Conservation Commission. She felt they were
asking for something from Conservation that was going to be hard to get and didn’t
want to have them have to come back to the Board for additional relief if the
Conservation Commission had them change the location of the structure.
Many of the Board members felt the same way and after discussion the applicant
asked for a continuance until January 28, 2015
.
BOA Meeting November 12, 2015 4
On a motion by Leo P. McSweeney and seconded by Martha C. Wood the Board
voted 5-0 to continue the hearing for 37 Justin Street until January 28, 2016 at 7:30
pm.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting November 12, 2015 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
November 12, 2015
Board Members Present: Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo
P. McSweeney, David G. Williams and Martha C. Wood
Also present at the hearing was Associate Ralph D. Clifford
Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Other Business:
1. 200 Shire Way – Attorney Peter Corbitt representing Shire described the 5
space typing error on the parking lot plan which had been approved on October
8, 2015.
On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the
Board voted 5-0 to re-approve the decision previously granted on October 8,
2015 with the corrected plan submitted dated November 6, 2015 that indicates
Lot B was permitted for 35 reserved parking spaces.
2. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy the
Board voted 5-0 to accept the meeting minutes of October 8, 2015.
Submitted by: Dianne Cornaro, Administrative Clerk