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HomeMy WebLinkAbout2011-06-23-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 43 Forest Street, Map 49, Lot 163 The applicant is requesting a variance in accordance with section 135-38 (A) to allow a 4.24 foot side yard setback instead of the required 7.5 foot side yard setback. Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition until July 14, 2011 at 7:30 PM. ZBA Minutes of June 23, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 11 Flintlock Road, Map 77, Lot 70 The applicant is requesting a VARIANCE from 135-35A, Table 2, Schedule Dimensional Controls to allow a side yard setback of 11 ft. instead of the required 15 ft. Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition to July 14, 2011 at 7:35 PM. ZBA Minutes of June 23, 2011 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 50 Cliffe Ave, Map 20, Lot 156 The applicant is requesting a VARIANCE from 135-35A, Table 2, Schedule Dimensional Controls to allow a 3 story structure instead of the 2 ½ story maximum allowed. Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition to July 14, 2011 at 7:40 PM. The applicant also requested an extension of time for the below listed varainces originally granted June 24, 2010. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a 6 month extension of time for the following two variances originally granted June 24, 2010: 1. A VARIANCE from § 135-35A, Table 2: Schedule of Dimensional Controls in conjunction with § 135-10B to allow a front-yard setback of 14.8 ft. instead of the required 30-ft.; 2. A VARIANCE from § 135-38 A (2) in accordance with § 135-10B to allow a side-yard setback of 1.2 ft. instead of the required 12-ft. ZBA Minutes of June 23, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 231 Bedford Street, Map 71, Lot 33 The applicant is requesting a SPECIAL PERMIT from 135-78D to allow signs of a type not provided for in By-Law and not specficially prohibited. Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition to July 14, 2011 at 7:45 PM. ZBA Minutes of June 23, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 311 Marrett Road, Map 32, Lot 57 The applicant is requesting a SPECIAL PERMIT from section 135-16, Line 7.15a to allow an automatic teller machine as a principal or accessory use and a SPECIAL PERMIT from section 135-28 (C) to allow substitution of a non conforming use. Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition to July 14, 2011 at 7:50 PM. ZBA Minutes of June 23, 2011 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 1454 Massachusetts Avenue, Map 40, Lot 40A The applicant is requesting the following 3 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2: Schedule of Dimensional Controls from section 135-38A: 1. VARIANCE to allow a side yard setback of 8.6 ft instead of the required 12 ft; 2. VARIANCE to allow a 9.7 ft. rear yard setback instead of the 15 ft required rear yard setback; 3. VARIANCE to allow an 8.9 ft side yard setback instead if the required 20 ft side yard setback for corner lots Due to an error in filing for the open meeting law this hearing was postponed. On a motion made by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant a postponement of the applicant’s petition to July 14, 2011 at 7:55 PM. ZBA Minutes of June 23, 2011 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall June 23, 2011 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney; David G. Williams; Carolyn C. Wilson and Martha Wood Staff Present: David George, Zoning Administrator Petition Address: 40-42 Rindge Avenue, Map 20, Lot 77 The applicant is requesting the following relief: 1. VARIANCE from section 135-19D (1) to allow a lot size of 4,200 sq ft instead of the required 15,500 sq ft. 2. SPECIAL PERMIT from section 135-19G to allow expansion of a pre- existing non conforming 2 family. Before opening the hearing, the Board Chair stated to the applicant that due to a noticing error the Board was advising applicants to postpone their hearings. The applicant’s attorney preferred to have the matter heard. The Board Chair indicated that if he chose to go forward, he would be doing so at his own risk. The applicant submitted a letter acknowledging that he was proceeding at his own risk. The Chair opened the hearing at 8:00 PM. Attorney Tom Fenn, representing the applicant, made the presentation. Atty. Fenn indicated the zoning relief was required to expand a nonconforming two-family dwelling by moving the internal stairway to the exterior of the building. Moving the stairs outside would allow a modest increase in gross living area. Atty. Fenn indicated the stairs needed to be replaced to rectify an unsafe condition. The stairs would otherwise meet the setback requirements. Also, Atty. Fenn sought a waiver from the plot plan requirements. He indicated he was aware that a new survey would be required for a building permit. Board members wanted to know if the stairs would be covered. Atty. Fenn indicated the stairs would not be covered. No audience members either spoke in favor of the petition or in opposition. A list of neighbors in support was submitted. The hearing was closed at 8:08 PM. Documents submitted to the Board for its review included: 1. The standard Board of Appeals application; 2. Letter from Tom Fenn dated July 14, 2011 in support of petition; 3. Letter from Tom Fenn dated July 23, 2011 acknowledging that he was operating at his own risk; 4. List of neighbors and abutters in support of the petition signed by 5 people; 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 Director ZBA Minutes of June 23, 2011 8 and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. 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 § 135-19D and § 135-10B to allow area of 4,200 sq. ft. instead of the required 15,500 sq. ft. 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 SPECIAL PERMIT from § 135-19G and § 135-11 to allow area expansion of a nonconforming two-family dwelling. On a motion by Carolyn C. Wilson and seconded by David Williams, the Board voted 5-0 to GRANT from its regulations a waiver from the plot plan requirements.