HomeMy WebLinkAbout2009-05-28-ZBA- min Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
May 28, 2009
Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig,
Carolyn C. Wilson and Associate Member John Gilbert.
Staff Present: David George, Zoning Administrator
Petition Address: 9 Spencer Street, Map No. 22, Lot No. 2
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, the Zoning Administrator and the Planning Administrator. Comments were
received from the Zoning Administrator.
The Chairman duly called the meeting to order at 7:30 P.M. by reading the legal notice
and describing information received from the petitioner relative to the petition.
Andrei Tokmakoff, petitioner and owner of the property, presented the appeal to the
Board. He described the project, stating that he seeks to construct a 12 -ft. by 15 -ft.
addition to the existing house. The addition would intrude into the side -yard setback. A
variance was sought to allow a side -yard setback of 4.8 ft. instead of the required 7.5 ft.
Mr. Tokmakoff also stated that because the addition would be attached to a non-
conforming part of the structure, a special permit was required. Mr. Tokmakoff
indicated, to the Board, that the house is an older house. A portion of the existing
structure is at least 7.5 ft. from the side -lot line. However, due to the way the house is
placed on the lot, it becomes nonconforming. Mr. Tokmahoff indicated that the
requirements to modify the nonconforming structure were met.
The Board asked questions about the property survey. The petitioner provided
information on the survey process.
The ZBA solicited, from the audience, both questions and comments in favor or opposed
to the petition.
There were no questions or comments from the audience.
The meeting was duly closed at 7:37 P.M.
On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board
voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington
(Zoning Bylaw) § 135 -38A to allow a side -yard setback of 4.8 ft. instead of the required
7.5 ft.
On a motion made by Carolyn Wilson and seconded by Arthur C. Smith, the Board voted
5 -0 to approve the special permit from Ch. 135 of the Code of the Town of Lexington
(Zoning Bylaw)§ 135 -29A to allow modification of a pre- existing nonconforming
structure.
Submitted by: David L. George, Zoning Administrator
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
May 28, 2009
Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig,
Carolyn C. Wilson, and Associate Member John Gilbert.
Staff Present: David George, Zoning Administrator
Petition Address: Map No. 28, Lot No. 52 (also known as 32 Philemon Street, Arlington
MA)
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, the Zoning Administrator and the Planning Administrator. Comments were
received from the Zoning Administrator and Conservation Administrator.
The Chairman duly called the meeting to order at 7:38 P.M., by reading the legal notice
and describing information received from the petitioner relative to the petition.
Robert J. Annesse, attorney for the petitioner' Michael DeMartino presented the appeal to
the Board. He described the project and stated to the board that the existing house is
located in both Lexington and Arlington. The existing structure is nonconforming with
respect to setbacks. The petitioner seeks to demolish, to the foundation, the existing
structure and then to rebuild on the existing footprint. The building may have a greater
amount of living area after reconstruction. Mr. Annesse stated the following relief was
required: 1) Special Permit to allow reconstruction after demolition a nonconforming
structure; 2) Variance, to allow an increase in the gross floor area of 125 sq. ft. in the
rebuilt nonconforming structure; and 3) Variance, to allow a side -yard setback of 11.8 ft.
instead of the required 15 ft. side -yard setback. Mr. Annesse indicated the shape of the
lot (triangular) and that it was split between two towns was justification for the variance.
Mr. Annesse stated that the special permits may be granted because of compliance with
zoning regulations.
The Board asked questions about the adjacent Conservation land, the existing shed
located in the side -yard, and about abutter notification to Arlington. Mr. Annesse
provided answers to the Board's questions.
The ZBA solicited, from the audience, both questions and comments in favor or opposed
to the petition.
There were no questions or comments from the audience.
The meeting was duly closed at 7:47 P.M.
On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board
voted 5 -0 to approve the special permit from Ch. 135 of the Code of the Town of
' The petitioner is the prospective purchaser of the lot. The lot is owned by Anthony V. and Geraldine
Luzzo.
Lexington (Zoning Bylaw) § 135 -32C to allow reconstruction after demolition a
nonconforming structure.
On a motion made by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board
voted 5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington
(Zoning Bylaw) § 135- 38C(1) to allow an increase in the gross floor area of 125 sq. ft. in
the reconstructed nonconforming structure.
On a motion made by Carolyn Wilson and seconded by Arthur C. Smith, the Board voted
5 -0 to approve the variance from Ch. 135 of the Code of the Town of Lexington (Zoning
Bylaw) § 135 -35A, Table 2: Schedule of Dimensional Controls, a side -yard setback of
11.8 ft. instead of the required 15 ft. side -yard setback subject to the following condition:
The existing shed will be demolished and then removed from the site before a
building permit is issued for any new construction at the site.
Submitted by: David L. George, Zoning Administrator
Minutes of the Lexington Zoning Board of Appeals
Selectmen's Meeting Room, Lexington Town Hall
May 28, 2009
Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig,
Carolyn C. Wilson, and Associate Member John Gilbert.
Staff Present: David George, Zoning Administrator
Other Business:
1. Minutes 5/14/09 meeting.
On a motion duly made and seconded and by majority vote, the minutes from the
May 14, 2009 meeting were unanimously approved.
2. Board and Commission Training Session
Nyles Barnert provided an update to the Board on the training session for Boards and
Commissions that he recently attended. The training session was sponsored by the
Town and featured presentations by Town Counsel and members of the Board of
Selectmen. The topics of the session included: conduct of a board meeting, working
with audio equipment, televised meetings, the Mullin rule, and draft of Findings and
Decisions. Additionally, it was discussed that the Findings and Decisions sections
would be modified to come closer to standards promoted by town counsel and other
best practices. Mr. Barnert indicated that the Zoning Administrator would be working
to implement such changes.
3. Summer Meeting Schedule
The Board discussed changes to the summer meeting schedule. David George
presented a memo comparing the number of hearings over the past four years,
including the number of summer -time hearings for years 2006 to 2008. Mr. George
made a recommendation to the Board to cancel the July 9th and August 13 meetings.
On a vote of 5 -0 the Board agreed to cancel the July 9th and August 13 meetings.
Submitted by: David L. George, Zoning Administrator