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Home My WebLink About12-09-04.pdf DRAFT MINUTES of the Lexington Zoning Board of Appeals - December 9, 2004 Present Chair, Mrs Judy Uhrig, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, and Mr John McWeeney Petition Address 176 Cedar Street The Chairman opened the heanng at 7 45 PM by reading the legal notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition Linda Conrad, owner of the property,presented the Petition The relief sought is for a Special Permit in accordance with Zoning By-law section 135-11A to allow roof over front entryway over non-conforming stairs 24 feet from the street The relief is sought because of a roof line that causes ice build up that is a safety issue to renters Questions from the Board Mrs Sheehan Are the trees staying Answer Yes, the structure won't come out any further than the stairs Questions from the audience None Speakers in favor—None Speakers opposed None Heanng was closed at 7 48 pm Decision On a Motion by Mr Arthur Smith and seconded by Mr John McWeeney, the Board by vote of 5-0, approved the petition Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals—December 9, 2004 Present Chair, Mrs Judy Uhrig, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, and John McWeeney Petition Address- 229 Bedford Street The Chairman opened the hearing at 7 50 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition Spencer Betts presented the Petition The relief sought is for an Appeal of Decision of the Zoning Enforcement Officer The Hardship is to Questions from the Board- Mrs. Uhrig. Will the tenants remain? Answer. Yes Mr Barnert How many employees do you have? Answer Mother and one other clerk Mr Smith Are you planning on living there? Answer No Mr Smith discussed that the zoning was for a neighborhood business Mrs Sheehan- How many clients do you see a day? Answer 3-4 per day/300 per year Mrs Sheehan Is there any time of year that you are busier? Answer No Mrs Uhrig Was there a business there before? Answer Yes, there was a car detailing and vacuum company Questions from the audience None Speakers in Favor None Speakers in Opposition None Hearing was closed at• 8 01 PM Discussion Board discussed the allowable uses of the building as zoned Decision On a Motion by Mr Barnert, seconded by Mr Smith the Board by voted to uphold the decision of the Zoning Enforcement Officer by a vote of 5-0 Submitted by Dianne Cot-two, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- December 9, 2004 Present Chair, Mrs Judy Uhrig, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, and John McWeeney Petition Address—27 Hill Street The Chairman opened the continued heanng at 8 01 PM by reading the notice and described information received from the Petitioner, other Boards and Commissions relative to the Petition There were comments from the Conservation and the Zoning Enforcement Officer stating that the request should be for a Special Permit rather than for the Variance requested Stephen Christianson presented the Petition. The relief sought is for special permit to erect second story addition on a non-conforming structure The hardship is the non-confirming house is 26 feet from the street Questions/Comments from the Board Mrs Uhng Do you have any letters of support from neighbors? No, neighbors have no problems with the addition. Mrs Sheehan Is the height within the requirements? Yes, we are putting on a shallow point roof Questions from the audience None Speakers in Favor None Speakers in Opposition—None Heanng was closed at 8 06 pm Decision On a Motion by Mr Barnert, seconded by Mr Smith, the Board by vote of 5-0 unanimously approved the petition Submitted by Dianne Col-two, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- December 9, 2004 Present. Chair, Mrs Judy Uhrig, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, and John McWeeney Petition Address—5 Evergreen Lane The Chairman opened the hearing at 8.07 PM by reading the notice and described information received from the Petitioner There were no comments from any Boards and Commissions relative to the Petition Seven letters of support were received from neighbors Paul and Lisa Ursino, Owners,presented the Petition. The relief sought is to allow a five-foot Variance from front setback requirements to construct a 6' x 17' porch The hardship is the location of the house on the small lot Questions/Comments from the Board. Mr. Smith. The letters in support received from the neighbors said a smaller porch of 5' x 6', why the discrepancy? Answer In haste the wrong dimensions were put down, the do know that it is a 6' x 17' porch Mrs Uhrig Will it go all away across house? Answer No, from door to corner Mr Smith. There are lots of mistakes with this application; we should have a condition that we receive new letters from neighbors so that they know what is being built Mr McWeeney How big is lot? Answer 50-foot frontage Mr Smith. No abutters in Arlington? Answer No, we are not on their map Mr. Smith. Do you get a tax bill from Arlington? Answer. No Mrs Sheehan On your application you said it could be removed at any time Is this a permanent covering? Answer Yes it is permanent Questions from the audience—none Speakers in Favor None Speakers in Opposition—None Hearing was closed at 8 18 pm Decision. On a Motion by Mr Smith, seconded by Mrs Sheehan, the Board by vote of 5-0 approved the petition for a 25-foot frontage with the condition that the petitioner submit a new set of signed letters from abutters with the correct porch dimensions Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals- December 9 2004 Present Chair, Mrs Judy Uhrig, Mr Arthur Smith, Mr Nyles Barnert, Mrs Maura Sheehan, and John McWeeney Petition Address 69 Hancock Street The Chairman opened the hearing at 8.19 PM by reading the notice and described information received from the Petitioner There were comments from the Boards and Commissions relative to the petition Boards commenting were the Conservation, Planning and from the Zoning Enforcement Officer Scott Caron, Owner of the property, presented petition The relief sought is to allow a two-foot variance to allow construction within the 30-foot front yard setback requirements Hardship is the Conservation restrictions made to the back of the lot Because of Soil conditions the house and the addition must be long and narrow Questions/Comments from the Board. . Mrs Uhrig What will the height of the peak be? Answer 35 1/2 to 36 feet from grade The architect wanted the roof to have more of a pitch Mrs Uhrig The roofline on the model is different than the drawings Answer Grade on plan is wrong, hip roof correct. Mr Smith You are asking for 28-foot setback? Answer Yes, existing stairs have a 25-foot setback, other than stoop everything else is within 31 feet Mr Smith No living space in attic? Answer No, unheated unfinished plywood space Mrs Sheehan. What will the square footage be? Answer Somewhere around 4000 square feet, existing house now 2200, not adding in garage or attic Questions from the audience. None Speakers in Favor None Speakers in Opposition-None Hearing was closed at 818 PM Decision On a Motion by Mr Barnert and seconded by Mr McWeeney, the Board of Appeals by a vote of 5-0 approved the variance for a 25-foot front yard setback. Submitted by Dianne Cornaro