HomeMy WebLinkAbout2011-06-09-ZBA-Min Minutes of the Lexington Zoning Board of Anneals
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.
Submitted by 17h wne 'Ca/auraa, ildrnirrdorafrae etern
BOA Meeting June 9 2011 2
Minutes of the Lexington Zoning Board of Anneals
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
Submitted by 17h wne 'Ca/aurae, dein rruorafrae etern
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
1 Special Permit: To allow expansion of an existing two-family dwelling.
2 Variance: To allow a lot area of 6,164 sq ft instead of the required 30,000 sq ft
3 Variance: To allow frontage of 49 5 ft instead of the required 150 ft
4 Variance: To allow a front yard setback of 7 5 ft instead of the required 30 ft
5 Variance: To allow a side-yard setback of 2 8 ft instead of the required 7 5 ft
6 Variance: 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
1 Special Permit: To allow expansion of an existing two-family dwelling.
2 Variance: To allow a lot area of 6,164 sq ft instead of the required 30,000 sq ft
3 Variance: To allow frontage of 49 5 ft instead of the required 150 ft
4 Variance: To allow a front yard setback of 7 5 ft instead of the required 30 ft
5 Variance: To allow a side-yard setback of 2 8 ft instead of the required 7 5 ft
6 Variance: To allow site coverage of 26 3% instead of the maximum 15% site coverage
Submitted by Admix 'Ca/aurae, ildrnirruorafrae etern
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.
1 Variance: To allow a side-yard setback of 4 ft 4 in. instead of the required 15 ft side-
yard setback.
2 Variance: To allow a front-yard setback of 24 ft 7 in. instead of the required 30 ft
side-yard setback.
3 Special Permit: 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 Variance from 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
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
grant a Special Permit from section 135-29 to allow modification of a nonconforming structure
Submitted by 17h wne 'Ca/aurae, ildrnirruorafrae etern
BOA Meeting June 9 2011 7
Minutes of the Lexington Zoning Board of Anneals
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
Submitted by 17h wne 'Ca/aurae, ildrnirruorafrae etern