HomeMy WebLinkAbout2011-03-10- ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 10, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, John J. McWeeney
and Associate Members Ralph D. Clifford and Marilyn K. Kolb
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; elevations; floor plans and photographs. Also submitted
was a petition in support signed by 10 abutters and a letter of support from Catherine Gill and
Toby McElheny of 8 Carville 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 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.
Brian Cutler and Susan London, owners 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 16’2” instead of the required 30 ft and a
special permit in accordance with section 135-29 to modify an existing non-conforming
structure.
The applicant explained the project to the Board stating the long and narrow lot and the way the
100 year old house is sitting on the lot as the hardship. Ms. London presented the Board with a
floor plan and pictures of the stairs.
A Board member asked if the petitioner could explain the reason for the bump-out by the stairs;
was it necessary and also asked if the garage setback is as far back as possible.
The Chairman asked for clarification for the extension of the porch to the right side yard. They
have not asked for a side yard variance in this application which would be needed as planned
currently. They will modify the plan to shrink the porch so they will eliminate the side yard
encroachment.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
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BOA Meeting, March 10, 2011
The hearing was closed at 7:42 pm.
A Board member asked the petitioner to respect the Conservation area adjacent to their lot.
On a motion by John J. McWeeney and seconded by Marilyn K. Kolb, the Board voted 5-0 to
approve the variance in accordance with section 135-35, Table 2, Schedule of Dimensional
Controls to allow a front yard setback of 16’2” instead of the required 30 ft and grant a special
permit in accordance with section 135-29 to modify an existinig non-conforming structure.
On a motion by John J. McWeeney and seconded by Marilyn K. Kolb, the Board voted 5-0 to
waive the certified plot plan requirement that the proposed addition is shown on the plan.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Minutes March 10, 2011
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 10, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, John J. McWeeney
and Associate Members Ralph D. Clifford and Marilyn K. Kolb
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Petition Address: 22 Prospect Hill Road, Map 33, Lot 173
Petitioner submitted the following with the application for hearing: nature and justification of
request; topographic plan; plot plan; elevations and floor plans. A letter of support was also
received from Mr. & Mrs. Tarpinian of 18 Prospect Hill Toad.
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 Building Commissioner, the Conservation
Administrator and the Zoning Administrator.
The Chairman opened the hearing at 7:43 pm by reading the legal notice and described
information received from the petitioner relative to the petition.
Attorney John Farrington presented the petition for the owners of the property, Kalpana
Sachithandamantham and Balachundhar Subramanian.
The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 135 of
the Code of Lexington) section 135-38A to allow a side yard setback of 6.4' instead of the
required 10 ft; a second variance from section 135-38A to allow a side yard setback of 6.1'
instead of the required 10 ft . and a special permit from section 135-29 to allow modification of
an existing non-conforming structure.
Attorney Farrington explained the narrow front and the grade change to the lot as the hardship to
grant the variance. He also addressed the Conservation Administrator’s concern with storm
water run off stating that under the Building code they are required to control this.
A Board member asked if there has been a soil test yet to determine if there is any ledge on the
property.
Another Board member asked if it would be possible to make the garage smaller to limit the
encroachment to the setback.
There were no audience questions.
No one spoke in favor or in opposition to the petition.
BOA Meeting, March 10, 2011
The Chairman closed the hearing at 7:55 pm.
Decision:
On a motion by Marilyn K. Kolb and seconded by John J. McWeeney, the Board voted 5-0 to
approve the variance in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section 135-38A to allow a side yard setback of 6.4' instead of the required 10 ft and
a second variance from section 135-38A to allow a side yard setback of 6.1' instead of the
required 10 ft and to grant a special permit from section 135-29 to allow modification of an
existing non-conforming structure.
Dianne Cornaro, Administrative Clerk
Submitted by:
BOA Minutes March 10, 2011
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
March 10, 2011
Board Members Present: Chairman - Nyles N. Barnert, David H. Williams, John J. McWeeney
and Associate Members Ralph D. Clifford and Marilyn K. Kolb
Staff Present: Dianne Cornaro, Administrative Clerk and David L. George, Zoning
Administrator
Other Business:
1.On a motion by David G. Williams and seconded by Marilyn K. Kolb, the Board voted 3-
0 to approve the minutes of February 24, 2011.
2.The Chairman discussed with the Board Article 31, a change to the Tree By-Law. On a
motion by David G. Williams and seconded by Ralph D. Clifford, the Board voted 5-0 in
opposition to this change.
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Dianne Cornaro, Administrative Clerk
Submitted by: