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HomeMy WebLinkAbout2011-11-10-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 10, 2011 Board Members Present: Chairwoman – Martha C. Wood, David G. Williams and Associate Members Nancy M. Adler, Ralph D. Clifford and Edward D. McCarthy Staff Present: David George, Zoning Administrator Petition Address: 187 Bedford Street, Map 47, Lot 12 & 13 The Chairman read a request from Attorney Thomas Fenn requesting to postpone the application filed on October 18, 2011 for a variance from section 135-35A, Table 2, Schedule of Dimensional Controls until December 8, 2011 at 7:30 pm On a motion duly made and seconded, the Board voted 5-0, to allow the petitioner to postpone the hearing until Thursday, December 8, 2011 at 7:30. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting November 10, 2011 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 10, 2011 Board Members Present: Chairwoman – Martha C. Wood, David G. Williams and Associate Members Nancy M. Adler, Ralph D. Clifford and Edward D. McCarthy Staff Present: David George, Zoning Administrator Petition Address: 15 Slocum Road, 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 Conservation Administrator, the Health Director, the Fire Department, and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Jason Brickman, owner of the property, presented the petition to the Board. The applicant requested the following relief: a SPECIAL PERMIT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-37B and § 135-11B to allow sole vehicular access from the non-frontage street at 15 Slocum Road. Mr. Brickman indicated he applied for a building permit to construct a new single-family dwelling at the site. The site is a corner lot. The building permit plan showed sole vehicular access from the non-frontage street. He indicated he was before the Board to satisfy applicable zoning requirements to allow sole vehicular access from the non-frontage street. Mr. Brickman indicated that is was both legally and physically possible to provide sole vehicular access from the non-frontage street. He indicated the plan submitted with the building permit application shows a driveway with access from Slocum Road. Additionally, the house would consist of a front-door and walkway facing Slocum Road. The house would be numbered with a Slocum Road address. Mr. Brickman provide a letter from the Fire Division which stated that both Slocum Road and Hunt Road provide sufficient access from at least two sides for staging fire and emergency vehicles. The Board sought additional information for why the petition was before it. David George indicated that vehicular access is required from the frontage street according the Zoning Bylaw for a corner lot. Mr. George indicated that the non-frontage street could be used for sole vehicular access if it could be proven that there would be no adverse impact on the delivery of emergency services to the site or otherwise impact deliveries to the site. The Board felt the relief was minor in nature and that no public safety issue would be created if the secondary road was used as sole vehicular access to the site. BOA Meeting November 10, 2011 3 There were no audience questions. No audience member spoke in favor or in opposition to the petition. The Chairman duly closed the hearing. Decisions: On a motion duly made and seconded, the Board voted 5-0, to approve a SPECIAL PERMIT from Ch. 135 of the Code of the Town of Lexington (Zoning Bylaw) § 135-37B and § 135-11B to allow sole vehicular access from the non-frontage street at 15 Slocum Road. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting November 10, 2011 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 10, 2011 Board Members Present: Chairwoman – Martha C. Wood, David G. Williams and Associate Members Nancy M. Adler, Ralph D. Clifford and Edward D. McCarthy Staff Present: David George, Zoning Administrator Petition Address: 1707 Massachusetts Avenue, Map 48, Lot 102 The Chairman read a request from the owner of the property Feng Chen requesting to postpone the application filed on October 18, 2011 for a special permit from section 135-16, line 9.12 Table 1 of the Development Standard until December 8, 2011 at 7:30 pm On a motion duly made and seconded, the Board voted 5-0, to allow the petitioner to postpone the hearing until Thursday, December 8, 2011 at 7:30. Dianne Cornaro, Administrative Clerk Submitted by: BOA Meeting November 10, 2011 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall November 10, 2011 Board Members Present: Chairwoman – Martha C. Wood, David G. Williams and Associate Members Nancy M. Adler, Ralph D. Clifford and Edward D. Clifford Staff Present: David George, Zoning Administrator Other Business: § 135-37B Access. The Board discussed this provision of the Bylaw. The Board felt, in the case of a corner lot, providing sole vehicular access from the non-frontage street would not create a public safety issue or lead to issues with mail delivery. The Board cited 15 Slocum Road, heard earlier in the evening, and reiterated that the relief was minimal and should not require a special permit to allow the non-frontage street to be used as sole vehicular access. On a motion duly made and seconded, the Board endorsed changing § 135-37B to remove language requiring sole vehicular access from the frontage street when the lot is a corner lot.