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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.