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HomeMy WebLinkAbout2012-03-22-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 22, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 333 Woburn Street, Map 46, Lot 35 Petitioner submitted the following information with the application: nature and justification of request, plot plan, floor plans, assessor’s information sheet, parking lot map and an additional letter of explanation from Attorney Thomas Fenn. 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 Health Director, the Selectmen’s Office and the Zoning Administrator. Letters of concern and/or opposition were received from: Peter and Beverly Kelley of 24 Forest Street; John O. Hayward of 358 Woburn Street; Bart and Lydia Earle of 231 Woburn Street and Joyce Balich of 20 Webb Street; Town Meeting Member J. R. Lowey of Precinct 5 and Ephraim Weiss of 462 Lowell Street. The Chairman opened the hearings at 7:30 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-16, Table 1, Schedule of Permitted User and Development Standard, Line 8.14 to allow a package liquor store in a CRS zone. Attorney Thomas Fenn on behalf of the petitioner, Navin Patel, requested the hearing be continued until Thursday, April 12, 2012. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to continue the hearing until Thursday, April 12, 2012 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 22, 2012 2 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 22, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 23 North Hancock Street, Map 71, Lot 107 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, site plan, floor plans and a request to waiver the plot plan requirements. 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 hearings at 7:37 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington): 1) from section 135-38A to allow a side yard setback of 6 ft instead of the required 12 ft. side yard setback and 2) From section 135- 35A, Table 2, Schedule of Dimensional Controls to allow a 7 ft rear yard setback instead of the required 15 ft rear yard setback George Au and Elizabeth Tse-Au, owners of the property, presented the petition. At the hearing they presented a letter of support from 257 North Hancock Street. There were no Board questions. Peter Saradjian of 259 Bedford Street questioned the applicant on the use of the garage as work space, the length of time and hours of construction and Matt Saradjian of the same address asked the applicant to be mindful of the noise by-law during construction. Amy Mahoney of 21 North Hancock Street asked if a proposed addition was going to be done at the same time. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:38 pm. BOA Meeting March 22, 2012 3 On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to waive the certified plot plan requirement. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve a Variance from section 135-38A to allow a side yard setback of 6 ft instead of the required 12 ft. side yard setback; and On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board voted 5-0 to approve a Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a 7 ft rear yard setback instead of the required 15 ft rear yard setback Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 22, 2012 4 DRAFT Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall March 22, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 3 Audubon Road, Map 50, Lot 40 Petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan 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 Zoning Administrator. The Chairman opened the hearing at 7:58 pm by reading the legal notice and described information from the petitioner relative to the petition submitted. The applicant is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38 (A) 2 to allow a side yard setback of 7 ft 6 inches instead of the required 10 ft side yard set back. Laura Dickerson, owner of the property, presented the petition. Ms. Dickerson presented the Board with pictures of the steps that need to be replaced. A Board member clarified that the amount asked for was from the roof’s edge. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:00 pm. Decision: 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 135-38 (A) 2 to allow a side yard setback of 7 ft 6 inches instead of the required 10 ft side yard set back. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 22, 2012 5 Submitted by: Dianne Cornaro, Administrative Clerk Other Business: On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to approve the minutes of March 8, 2012.