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HomeMy WebLinkAbout2009-04-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 23, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Leo P. McSweeney. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Property Address: 8 Porter Lane, Map 63, Lot 115B 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 Conservation Administrator, The Planning 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. Patrick Goddard, Director of Public Facilities for the Town of Lexington, representing the owners of the property, Lori and Richard Tambone, presented the petition. The petitioner seeks a variance to allow an impervious surface of 0.1238 instead of the maximum required 0.12. The Town of Lexington is asking to construct a public pedestrian walkway on a portion of 8 Porter Lane, which would connect to an existing walkway at the Fiske School. The proposed walkway would be approximately 120 sq. ft. Because the walkway is counted as impervious surface, the impervious surface of the walkway is added to the impervious surface of the lot. The total impervious surface ratio would be 0.1238. A variance is sought to allow impervious surface of greater than 12 %. The homeowner seeks the variance, so that it may maintain the impervious surface ratio allowed under subdivision regulations. In addition to the walkway, the town seeks from the owners an easement of 458 sq. ft. No variance is required for the easement. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or opposition of this petition. The hearing was closed at 7:40 pm. On a motion by Judith J. Uhrig and seconded by Leo P. McSweeney, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -46 (A) (1) to increase the impervious surface ratio for this property to 0.1238 (an increase of 120 sq ft of impervious surface) instead of the maximum impervious surface ratio of 0.12 to enable the town to install a bituminous concrete walkway. Submitted by: Dianne Cornaro, Administrative Clerk April 23, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 23, 2009 Board Members Present: Chairman Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig, Carolyn C. Wilson and Associate Member Leo P. McSweeney. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 191 Spring Street, Map 12, Lot 13 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, the Planning Administrator, the Design Advisory Committee and the Communication Advisory Committee. Comments were received from the Historic Districts Commission, Communication Advisory Committee and the Zoning Administrator. The Chairman opened the hearing at 7:46 PM by reading the legal notices and described information received from the petitioner relative to the petition. Anne Malone of Prince, Lobel, Glovsky & Tye presented the petition for MetroPCS Massachusetts. The applicant seeks a Special Permit in accordance with the Zoning By -Law sections 135 -88 (A) (1) (C), 135 -88 (C) (3) and 135 -91 (G) to install, operate and maintain a wireless communication facility. One of the board members asked for a clarification for the proposed additional cabinets. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing closed at 7:51 pm. On a motion by Arthur C. Smith and seconded by Leo P. McSweeney, the Board voted 5 -0 to grant the special permit in accordance with the Zoning By -Law sections 135 -88 (A) (1) (C), 135- 88 (C) (3) and 135 -91 (G) to install, operate and maintain a wireless communication facility at 191 Spring Street for a period of 15 years. This special permit will expire on April 30, 2024. Submitted by: Dianne Cornaro, Administrative Clerk Apri123, 2009 ZBA Minutes 3 Additional Business: • On a motion by Arthur C. Smith and seconded by Carolyn C. Wilson, the Board approved the minutes of the hearings for March 12, 2009 and March 26, 2009 with a vote of 4 -0, Leo P. McSweeney did not vote since he did not sit on these hearings. • The Board reviewed a letter written by the Law office of Klein Hornig to extend the 20- day period for a decision for a hearing (modifications) for 536 -540 Lowell Street (Rising Tide) until May 14, 2009. On a motion by Carolyn C. Wilson and seconded by Arthur C Smith, the Board voted 5 -0 to approve the 20 -day extension requested until May 14, 2009.