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HomeMy WebLinkAbout2010-12-09 ZBA-Min BOA Meeting, December 9, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 47-55 Hill Street, Map 58, Lot 27 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations, floor plans and a copy of the special permit granted November 18, 1993. 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 7:30 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edmund Grant and Steven Coor, representing the Lexington Golf Club, presented the petition. The applicant is requesting a modification of a special permit granted in November of 1993 to add a 10 x 42 ft extension to the existing deck on the golf course side of the club house. A Board member asked if there would be any change to the lighting to the area. There will be no change to the lighting or to the parking lot. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:37 pm. On a motion by John J. McWeeney and seconded by Ralph Clifford, the Board voted 5-0 to approve the modification to the special permit to allow a 10 x 24 ft extension to the existing deck on the golf course side of the club house. Submitted by: Dianne L. Cornaro, Administrative Clerk 2 BOA Meeting, December 9, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Martha C. Wood and Associate Member Ralph D. Clifford Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 7 Carville Avenue, Map 14, Lot 40 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; photographs and a request from the applicant requesting to waive the requirement for a certified plot plan with proposed additions. 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 Building Commissioner, the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:37 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Robert Gulla presented the petition for the owners of the property, Brian and Susan London. The applicant is requesting 2 variances from section 135-35, Table 2 of the Dimensional Controls to allow a front yard setback of 16 ft. 5 inches instead of the required 30 ft and to allow a rear yard setback of 3 ft instead of the required 15 ft and a special permit from section 135-29A to alter an existing non-conforming structure. At the hearing the applicant presented a letter of support from Catherine R. Gill and Tobias H. McElheny of 6-8 Carville Avenue and a petition of support signed by 6 abutters. One of the Board members asked about the additional yard space the applicant was seeking and asked if the design of the addition was the best use of space. The Chairman asked what criteria for the variance was the applicant using. Mr. Barnert explained the obligation of the Board to approve variances. A discussion followed as to options the applicant may take. The applicant requested the application be withdrawn without prejudice. 3 BOA Meeting, December 9, 2010 On a motion by Ralph Clifford and seconded by John J. McWeeney, the Board voted 5-0 to accept the applicant’s request to withdraw without prejudice his application for 2 variances and a special permit. Submitted by: Dianne L. Cornaro, Administrative Clerk 4 BOA Meeting, December 9, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 37 Albermarle Avenue, Map 20, Lot 106B and 106C Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; elevations; floor plans and letters of support from 38 and 41 Albemarle Avenue and 1 Winn Avenue. 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 Building Commissioner, the Planning Director and the Zoning Administrator. The Chairman opened the hearing at 7:55 pm by reading the legal notice and described information received from the petitioner relative to the petition. Joe Ho, owner of the property, presented the position. The applicant is requesting a special permit in accordance with section 135-35, Table 2, Schedule of Dimensional Controls to allow a 3 story structure instead of the 2 ½ maximum allowed. The Board had no questions for the applicant. There were no questions from the audience. Narbara Najarian of 101 Cliffe Avenue and Richard Spillane of 1 Winn Avenue spoke in favor of the petition. No one spoke in opposition. The Chairman closed the hearing at 8:00 pm. Decision: On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to GRANT A SPECIAL PERMIT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-29A with § 135-11 to allow vertical modification of the existing nonconforming structure at 37 Albemarle Street. BOA Meeting, December 9, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Petition Address: 11 Garfield Street, Map 72, Lot 3 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 from the Planning Director and the Zoning Administrator. The Chairman opened the hearing at 8:00 pm by reading the legal notice and described information received from the petitioner relative to the petition. Judith Ligor, owner of the property, presented the position. The applicant is requesting the following relief: 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-19E (1) to allow lot area of 10,406 sq ft instead of the required 18,000 sq ft 2) SPECIAL PERMIT from section 135- 19E to allow an accessory apartment in an accessory structure and 3) VARIANCE from section 135-35 a, Table 2, Schedule of Dimensional Controls to allow site coverage of 29.9% instead of the required 15%. A Board member asked who was living in the 2 houses presently. Another Board member asked about moving the non-conforming shed within the setback. There were no questions from the audience. Wendy Reasenberg of 16 Garfield Street spoke in favor of the petition. No one spoke in opposition. The Chairman closed the hearing at 8:15 pm. BOA Meeting, December 9, 2010 6 Decisions: On a motion by Carolyn C. Wilson and seconded by John J. McWeeney the Board voted 5-0 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a SPECIAL PERMIT to allow modifications to an existing accessory structure accessory apartment at 11 Garfield Street. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood the Board voted 5-0 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a VARIANCE from § 135-19E(1) with § 135-10B to allow lot area for an accessory structure accessory apartment of 10,406 sq. ft. instead of the required 18,000 sq. ft. at 11 Garfield Street. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood the Board voted 5-0 to GRANT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) a VARIANCE from § 135-35A, Table 2: Schedule of Dimensional Controls with § 135-10B to allow site coverage of 29.9% instead of the required 15% at 11 Garfield Street subject to the following condition: The shed located in the northerly corner be moved to a location in the yard such that the shed conforms to the current setback requirements. BOA Meeting, December 9, 2010 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall December 9, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams Carolyn C. Wilson, Martha Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning Administrator Other Business: On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to approve the minutes of November 18, 2010.