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HomeMy WebLinkAbout2011-10-27-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall October 27, 2011 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 441 Bedford Street, Map 84, Lot 7 The Chairman read a request from the applicant, William Gee, to withdraw without prejudice the application for 3 variances which had been filed with the Town Clerk on June 17, 2011. On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board voted 5-0, to allow the petitioner to withdraw without prejudice. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting October 27, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall October 27, 2011 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 10 Grove Street, Map 77, Lot 131 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; elevations; landscape plans; photographs and a petition in support signed by 4 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 Building Commissioner, Conservation and the Zoning Administrator. The Chairman opened the hearing at 7:32 pm by reading the legal notice and described information received from the petitioner relative to the petition. Eric and Laverne Beaudette, owners of the property, presented the petition by explaining to the Board the shed project and that he was unaware his need to go before the Board for approval. The applicant is requesting the following relief: 1) 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 side yard setback of 6 ft 9 inches instead of the required 15 ft side yard setback and 2) 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 rear yard setback of 4 ft instead of the required 15 ft. rear yard setback to construct a shed at 10 Grove Street. A Board member asked the applicant to tell them about the goats. Another Board member asked how long has the shed been up. There were no audience questions. No one spoke in favor or in opposition to the petition. The Chairman closed the hearing at 7:36 pm. On a motion by Martha C. Wood and seconded by Nancy M. Alder, the Board voted 5-0, to approve the following: BOA Meeting October 27, 2011 3 1) 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 side yard setback of 6 ft 9 inches instead of the required 15 ft side yard setback and 2) 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 rear yard setback of 4 ft instead of the required 15 ft. rear yard setback Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting October 27, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall October 27, 2011 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 158 Massachusetts Avenue, Map 13, Lot 97 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 Director and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, Conservation the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:37 pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney Edmund Grant presented the petition for the owners of the property, Eugene and Jeanne Luongo. Builder Bob Phelan was also there to answer questions. The applicant is requesting the following relief: 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35C and Table 2, Schedule of Dimensional Controls to allow a rear yard setback of .6 ft from instead of the required 15 ft rear yard setback; 2) VARIANCE from section 135-32 C (1) for increase in gross floor area from 2,355 sq ft to 3,869 sq ft; and 3) SPECIAL PERMIT from section 135-32C for reconstruction of a non conforming building at 158 Massachusetts Avenue. Attorney Grant went over the plans to demolish and reconstruct the 2-family structure. Bob Phelan explained to the Board the cost of rebuilding a new house and the reasons it is not feasible to renovate the existing structure. A Board member questioned the assessor’s district information. David George the Zoning Administrator used 2 different sources of information to verify the district split. Other Board members asked the applicant to clarify the frontage access for parking; asked them the comparison of the height from the old to the new structure and how the run-off would be addressed. There were no audience questions. No one spoke in favor or in opposition to the petition. BOA Meeting October 27, 2011 5 The Chairman closed the hearing at 8:06 pm. The Board discussed conditions for run-off. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0, to VARIANCE approve a in accordance with section 135-35C, and Table 2, Schedule of Dimensional Controls to allow a rear yard setback of .6 ft from instead of the required 15 ft rear yard setback; On a motion by Martha C. Wood and seconded by Nancy M. Adler, the Board voted 5-0, to VARIANCE approve a from section 135-32 C (1) for increase in gross floor area from 2,355 sq ft to 3,869 sq ft; and On a motion by Martha C. Wood and seconded by Nancy M. Adler, the Board voted 5-0, to SPECIAL PERMIT grant a from section 135-32C for reconstruction of a non conforming building with the condition that drywells shall be constructed at all four corners of the lot. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting October 27, 2011 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall October 27, 2011 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, David G. Williams, Martha C. Wood and Associate Member Nancy M. Adler Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0, to approve the minutes from September 22, 2011.