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HomeMy WebLinkAbout2011-08-25-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall August 25, 2011 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 Zoning Administrator, David George Petition Address: 10 King Street, Map 14, Lot 120 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic map; plot plan; building plans; elevations and 2 letters of support from 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 Director and the Historic Districts Commission Clerk. Comments were received from 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. Mike Gauthier, owner of the property presented the petition. He presented the Board with a photograph of the run off area. The applicant is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 23 ft instead of the required 30 ft front yard setback. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The Chairman closed the hearing at 7:35 pm. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 23 ft instead of the required 30 ft front yard setback. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting August 25, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall August 25, 2011 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 Zoning Administrator, David George Petition Address: 54 Chase Avenue, Map 7, Lot 61 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; building plans and petition of support signed by 3 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 Director, the Historic Districts Commission Clerk, Comments were received from the Zoning Administrator. The Chairman opened the hearing at 7:36 pm by reading the legal notice and described information received from the petitioner relative to the petition. Lars Fiedler, owner of the property, presented the petition. The applicant is requesting the following relief: 1) Variance from section 135-35A to allow a side yard setback of 6 ft instead of the required 15 ft side yard setback and; 2) Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 8 ft instead of the required 30 ft front yard setback at 54 Chase Avenue to add a 2 car garage. Board members asked which way the garage doors will be facing; will the garage have a full foundation and what will the area above the garage be used for. (Rafters only) Another Board member was concerned that there was no landscape plan and asked what the need for a 2-car garage was. The Chairman discussed his concern with the front set back with the applicant. Other Board members also discussed concern with the amount of setback requested and did not think a hardship for a Variance was addressed. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairman discussed options with the applicant of continuing with the vote or withdrawing without prejudice. On a motion by Ralph D. Clifford and seconded by Martha C. Wood, the Board voted 5-0, to allow the applicant to withdraw this petition without prejudice. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting August 25, 2011 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall August 25, 2011 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 Zoning Administrator, David George Other Business: On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 4-0 to approve the minutes of July 8, 2011. Ralph D. Clifford abstained.