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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 The petitioner is requesting the following relief 1) 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 front yard yard setback of 24 4 ft. Instead of the required 30 ft. front yard, and 2) a modification to a variance previously 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 voted 5-0 to approve the 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 front yard yard setback of 24 4 ft. Instead of the required 30 ft. front yard, and and grant a modification to a variance previously granted on September 9, 2005 to allow modification of the previously approved plans Submitted by: (Dianne Cornaro,Ad,ninistrativc 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 The petitioner is requesting a Special Permit 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 fora 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,Ad,ninistrativc Clerk