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HomeMy WebLinkAbout2011-06-09-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 9, 2011 Board Members Present: Chairman - 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 Zoning Administrator, David George 4 Russell Road, Map 36, Lot 8 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; a copy of the Burlington Health Department’s minutes from August 24, 2010 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 Health Department and the Zoning Administrator. The Chairman opened the hearing at 7:31 pm by reading the legal notice and described information received from the petitioner relative to the petition. Laura Boghosian, owner of the property presented the petition. The applicant is requesting a Variance in accordance with section 135-39B, (1) (A) to allow an 8 foot fence instead of the 6 foot maximum allowed. One of the Board members asked if they had contacted the Lexington Board of Health concerning the neighbor’s yard. The Chairman asked if there will be any trees taken down. There were no questions from the audience. No one spoke in favor of the petition. Mr. Kantibhat Patel of 26 Whipple Road spoke in opposition to the petition. The Chairman closed the hearing at 7:39 pm. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve the variance to allow an 8 foot fence along the property line instead of the 6 foot maximum allowed. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting June 9, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 9, 2011 Board Members Present: Chairman - 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 Zoning Administrator, David George Petition Address: 35 Locust Avenue, Map 22, Lot 206 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic map; 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 Zoning Administrator. The Chairman opened the hearing at 7:39 pm by reading the legal notice and described information received from the petitioner relative to the petition. Robin Lipson and Matt Fishman, owners of the property presented the petition. The applicant is requesting Variance in accordance with section 135-35, Table 2 Schedule of Dimensional Controls to allow a front yard setback of 18 ft instead of the required 30 ft front yard setback to construct an entry way and new front stairs. There were no questions from the board, There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 7:44 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, 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 18 ft instead of the required 30 ft front yard setback to construct an entry way and new front stairs. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting June 9, 2011 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 9, 2011 Board Members Present: Chairman - 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 Zoning Administrator, David George Petition Address: 40-42 Woburn Street, Map 48, Lot 234 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, the Historic Districts Commission Clerk, Comments were received from the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:45 pm by reading the legal notice and described information received from the petitioner relative to the petition. Architect Brian Lau and the owner of the property, Weiping Zou presented the petition. The applicant is requesting the following relief: Special Permit: 1.To allow expansion of an existing two-family dwelling. Variance: 2.To allow a lot area of 6,164 sq. ft. instead of the required 30,000 sq. ft. Variance: 3.To allow frontage of 49.5 ft. instead of the required 150 ft. Variance: 4.To allow a front yard setback of 7.5 ft. instead of the required 30 ft. Variance: 5.To allow a side-yard setback of 2.8 ft. instead of the required 7.5 ft. Variance: 6.To allow site coverage of 26.3% instead of the maximum 15% site coverage. The Architect for the project, Brain Lau explained the project to the Board. A Board member asked the property owner if he was aware that the house was on the Historical Commissions’ Cultural list and that he would need to go before them to receive permission for a project this large. There was a discussion as to the number of parking spaces that are required and that they did not have the required parking spaces needed. A Board member felt the lot was too small for all the work they are trying to do and another was concerned with the runoff situation. The Chairman told the applicant the shed in the back was too close to the lot line and would need to be moved. BOA Meeting June 9, 2011 4 Many members of the Board discussed their concern with the size of the addition and discussed parking alternatives with the applicant. There were no questions from the audience. No one spoke in favor or in opposition to the petition. Before the Chairman closed the hearing he gave the petitioner a chance to withdraw this petition without prejudice. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0, to allow the applicant to withdraw the petition for the following without prejudice: Special Permit: 1.To allow expansion of an existing two-family dwelling. Variance: 2.To allow a lot area of 6,164 sq. ft. instead of the required 30,000 sq. ft. Variance: 3.To allow frontage of 49.5 ft. instead of the required 150 ft. Variance: 4.To allow a front yard setback of 7.5 ft. instead of the required 30 ft. Variance: 5.To allow a side-yard setback of 2.8 ft. instead of the required 7.5 ft. Variance: 6.To allow site coverage of 26.3% instead of the maximum 15% site coverage. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting June 9, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 9, 2011 Board Members Present: Chairman - 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 Zoning Administrator, David George Petition Address: 25 Theresa Avenue, Map 21, Lot 94 Petitioner submitted the following with the application for hearing: nature and justification of request; plot plan; floor plans; a letter from the applicant requesting a waiver from the plot plan requirement with the proposed addition be included in plot plan submitted and a petition in support signed by 6 abutters. 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 Zoning Administrator. The Chairman opened the hearing at 8:05 pm by reading the legal notice and described information received from the petitioner relative to the petition. The Contractor for the project Angelo Busa presented the petition for the owners of the property, Paul and Janet Rahilly. The applicant is requesting the following relief to add a first floor bathroom: Variance: 1.To allow a side-yard setback of 4 ft. 4 in. instead of the required 15 ft. side- yard setback. Variance: 2.To allow a front-yard setback of 24 ft. 7 in. instead of the required 30 ft. side-yard setback. Special Permit: 3.To allow modification of a nonconforming structure. Board members asked if the gas meter would be moved; if the bathroom was handicapped and asked if there would be a handicapped ramp. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 8:10 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to approve a Variancefrom section 135-35, Table 2, Schedule of Dimensional Controls to allow a side-yard setback of 4 ft. 4 in. instead of the required 15 ft. side-yard setback. BOA Meeting June 9, 2011 6 On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to approve the Variance in accordance with section 135-35A, Table 2, Schedule Dimensional Controls to allow a front yard setback of 24 ft 7 inches instead of the required 30 ft front yard setback. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the Board voted 5-0 to t grant a Special Permitfrom section 135-29o allow modification of a nonconforming structure. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting June 9, 2011 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 9, 2011 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 Garry Rhodes, Building Commissioner Other Business: On a motion from Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to accept the minutes of April 28, 2011. Dianne Cornaro, Administrative Clerk Submitted by: