HomeMy WebLinkAbout2010-08-12 ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 12, 2010
Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams,
Martha C. Wood and Associate member Leo McSweeney.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 19 Sutherland Road, Map 13, Lot 108
Petitioner submitted the following with the application for hearing: nature and justification;
Topographic Plan; Plot Plan; Elevations; Floor Plans and a letter of support from John
McCurdy of 16 Sutherland Road.
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 and the Historic Districts
Commission Clerk. Comments were received the Conservation Administrator and the Zoning
Administrator.
The Chairman opened the hearing at 7:30 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Julianne Jorgensen, owner of the property, presented the petition.
The applicant is requesting a variance in accordance with section 135-35, Table 2 Schedule of
Dimensional Controls to allow a front yard setback of 14 ft 2 inches instead of the required 30
ft. front yard setback to add a modest enclosure over the front stoop.
Ms. Jorgensen explained the hardship for this variance is the shape of the lot and where the
house is situated on this lot.
There were no questions from the Board.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 7:33 pm.
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to
approve a variance in accordance with section 135-35, Table 2 Schedule of Dimensional
Controls to allow a front yard setback of 14 ft 2 inches instead of the required 30 ft. front yard
setback at 19 Sutherland Road.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 12, 2010 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 12, 2010
Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams,
Martha C. Wood and Associate member Leo McSweeney.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 498 Waltham Street, Map 24, Lot 98
Petitioner submitted the following with the application for hearing: nature and justification of
request; topographic plan; plot plan; elevations and floor plans.
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 and the Historic Districts
Commission Clerk. Comments were received the Zoning Administrator.
The Chairman opened the hearing at 7:35 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Doug Williams, owner of the property, presented the petition. The Co-owner of the property,
Nancy Williams was also present for the hearing.
The applicant is requesting a special permit in accordance with the Zoning By-law section 135-
32C to allow reconstruction after destruction of a non conforming structure.
The applicant explained the history of the property and his plans for expanding the 1920’s
house.
One of the Board members questioned whether the applicant will need a variance to expand the
porch as requested at the hearing.
David George, the Zoning Administrator explained that only a special permit was advertised
and that the applicant will need to re-apply for a variance to enlarge the stairs.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:41 pm.
BOA Meeting, August 12, 2010 3
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to
grant the special permit in accordance with the Zoning By-law section 135-32C to allow
reconstruction after destruction of a non conforming structure at 498 Waltham Street as
requested in the plans submitted with the application.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 12, 2010 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 12, 2010
Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams,
Martha C. Wood and Associate member Leo McSweeney.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 28 Spring Street, Map 25, Lot 218
Petitioner submitted the following with the application for hearing: justification of request;
Topographic Plan; Plot Plan; Elevations and Floor Plans
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 and the Historic Districts
Commission Clerk. Comments were received the Zoning Administrator.
The Chairman opened the hearing at 7:42 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Jeff Waite, owner of the property, presented the petition.
The applicant is requesting a special permit in accordance with section 135-29A to allow
extension of an existing non conforming structure.
Mr. Waite explained the project to the Board confirming the height of the structure and the
number of stories in response to questions by the Zoning Administrator.
The Board had no questions.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:48 pm.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0
to grant the special permit in accordance with section 135-29A to allow extension of an
existing non conforming structure at 28 Spring Street.
Submitted by: Dianne L. Cornaro, Administrative Clerk
BOA Meeting, August 12, 2010 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 12, 2010
Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams,
Martha C. Wood and Associate member Leo McSweeney.
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 24 Manning Street, Map 64, Lot 42
Petitioner submitted the following with the application for hearing: justification of request;
Topographic Plan; Plot Plan; Elevations, Floor Plans and photographs.
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 and the Historic Districts
Commission Clerk. Comments were received from the Conservation Administrator and the
Zoning Administrator.
The Chairman opened the hearing at 7:48 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Brent Li, owner of the property, presented the petition along with his Contractor.
The applicant is requesting the following Zoning relief from the Zoning By-Law (Chapter 135
of the Code of Lexington): 1) a SPECIAL PERMIT, pursuant to section 135-29A, to allow
extension of a nonconforming structure and 2) a VARIANCE, pursuant to section 135-29A(1),
to allow a structure with greater than 50% nonconformity to be expanded (13.3 ft. front-yard
setback instead of 15-ft.) at 24 Manning Street.
Mr. Li explained the vertical expansion he is seeking and questionsed the Board on the 50%
expansion by law. The Zoning Administrator clairified the need for the variance.
One of the Board members asked if the shed dormner in the rear was going to be changed. It is
staying as it.
Charles Marge of 12 Manning Street questioned the replacement of trees and Casey McCarthy
of 20 Manning Street asked for clairification in what was being done.
No one spoke in facor or in opposition of the petition.
The hearing was closed at 8:00 pm.
BOA Meeting, August 12, 2010 6
On a motion by John J. McWeeney and seconded by David G. Williams, the Board voted 5-0 to
grant the following relief as requested: 1) a SPECIAL PERMIT, pursuant to section 135-29A,
to allow extension of a nonconforming structure and 2) a VARIANCE, pursuant to section 135-
29A(1), to allow a structure with greater than 50% nonconformity to be expanded (13.3 ft.
front-yard setback instead of 15-ft.) at 24 Manning Street.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting, August 12, 2010 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
August 12, 2010
Other Business:
On a motion by Martha C. Wood and seconded by David G. Williams, the board voted 5-0 to
approve the minutes from July 8, 2010 and July 22, 2010.
There was no other business.