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HomeMy WebLinkAbout2009-03-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 12, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney and Associate Members John T. Gilbert and David G. Williams Staff Present: David George, Zoning Administrator Petition Address: 1 Vinebrook Road, Map 48, Lot 78B The Chairman began by reading e -mail received from the applicant requesting this hearing be postponed until March 26, 2009 after being advised by the Administrative Clerk that there were only 4 members of the Board that would be available to vote on the petition at this hearing. The petitioner chose to be heard by the full 5- member board on March 26, 2009. On a motion by John J. McWeeney and seconded by Arthur C. Smith, the Board voted 5 -0 to postpone this hearing until Thursday, March 26, 2009. Submitted by: Dianne Cornaro, Administrative Clerk with minutes taken by David George, Zoning Administrator March 12, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 12, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney and Associate Members John T. Gilbert and David G. Williams Staff Present: David George, Zoning Administrator Petition Address: 3 Crescent Road, Map 8, Lot 64 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 the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 7:35 PM by reading the legal notices and described information received from the petitioner relative to the petition. Heather Tanin Yu, petitioner for the project presented the petition The petitioner seeks a special permit in accordance with the Zoning By -Law section 135 -32C to allow reconstruction after removal of stairs. The applicant seeks to construct a second story addition to the existing structure and demolish and rebuild nonconforming stairs within the front yard setback. Ms. Yu stated to the board that the stairs were in disrepair and needed to be replaced. Ms. Yu indicated the stairs would be rebuilt at the same location and to the same dimensions as existing stairs, as shown on plans submitted with the application. A board member asked the applicant if she considered eliminating stairs closest to the street. Ms. Yu indicated she had not considered that option and was trying to manage costs of the project. It was recommended that the applicant consider removing a stair near the street, but it was left to the applicant's discretion. Ms. Yu indicated she would consider removing a stair as construction proceeds. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:39 pm. March 12, 2009 ZBA Minutes 3 On a motion by Arthur C. Smith and seconded by John J. McWeeney, the Board voted 5 -0 to approve the special permit in accordance with the Zoning By -Law section 135 -32C to allow reconstruction after destruction of the front stairs at 3 Crescent Road. Submitted by: Dianne Cornaro, Administrative Clerk with minutes taken by David George, Zoning Administrator March 12, 2009 ZBA Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall March 12, 2009 Board Members Present: Chairman —Nyles N. Barnert, Arthur C. Smith, John J. McWeeney and Associate Members John T. Gilbert and David G. Williams Staff Present: David George, Zoning Administrator Petition Address: 58 Dexter Road, Map 78, Lot 195A 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 the Zoning Administrator. The Chairman opened the hearing at 7:40 PM by reading the legal notices and described information received from the petitioner relative to the petition. Donald Benson, owner of the property, presented the petition seeking to demolish, move, and rebuild the front stairs. Mr. Benson stated to the board that he will be constructing an addition to the house and that he seeks to move the stairs so the stairs are more centered on the house as built. Mr. Benson indicated that moving the stairs would provide more efficient access into the structure and indicated the location of the house on the lot limits practical areas to locate the stairs The applicant seeks a front -yard setback of 17 -ft. instead of the required 30 -ft. front -yard setback. The hardship is related to the shape of the existing structure. The proposed front entry would be no closer to the front -lot line than the existing porch. A board member asked the applicant if he would be maintaining a tree located in the front yard. Mr. Benson indicated the tree was to be taken down due to the condition of the tree. There were no questions from the audience. No one spoke in favor or in opposition of the petition. Letters of support were received from 50, 51, 53, 57, 61, 62, 67 and 68 Dexter Road and from 93 Gleason Road. The hearing was closed at 7:45 pm. March 12, 2009 ZBA Minutes 5 On a motion by Arthur C. Smith and seconded by John J. McWeeney, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law section 135 -35 to allow a front yard setback of 17 ft. instead of the required 30 ft. front yard setback. at 58 Dexter Road. Submitted by: Dianne Cornaro, Administrative Clerk with minutes taken by David George, Zoning Administrator OTHER BUSINESS Upcoming Hearings: Board members sought information on the upcoming, March 26 hearings. Mr. George supplied information about the upcoming hearings to the board members. Minutes: The February 26, 2009 meeting minutes were not approved because a quorum of board members who sat on the February 26 hearings were not present at this meeting. The minutes will be taken as business at the upcoming meeting. Hartwell Avenue rezoning articles: Chair Barnert stated that he attended the recent Planning Board hearing on the rezoning articles for Hartwell Avenue /CM zoning district. The Board discussed the rezoning articles, which will be voted upon at the upcoming Town Meeting. The rezoning articles would authorize certain uses in the district that are not currently allowed, create site plan review, create a traffic overlay, and increase certain dimensional controls.