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HomeMy WebLinkAbout2012-04-26-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 2012 Board Members Present. Chairman — Carolyn C Wilson, John J McWeeney, Leo P McSweeney, David G Williams and Associate Member William Kennedy Staff Present. Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Petition Address Hazel Road, Map 88, Lot 36/37 This petition was continued from the April 12, 2012 hearing to give the applicant time to prepare a landscape plan and get additional input from the Engineering and Conservation Departments George Johannesen of Allied Engineering requested the hearing be continued until May 10, 2012 to give the owner, Ashok Patel, time to review his options after purchasing additional property on Hazel Road The Building Commissioner requested to receive any additional information submitted in writing ahead of time to give the Building Department and the Board time to review it properly There was a discussion as to whether the Board wanted to continue the hearing or vote on what was before them A general concern was the affect of removing the earth and the impact of the construction on an already damaged Hazel Road A motion was made and seconded to approve the special permit. After additional discussion that motion was withdrawn The Board discussed the possibility of conditions for repairing Hazel Road and having a security bond added as a condition On a motion by Martha C Wood and seconded by Leo P McWeeney, the Board voted 5-0 to continue the hearing until May 10, 2012 at 7 30 pm BOA Meeting April 26,2012 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 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 Garry Rhodes, Building Commissioner Petition Address 10 Lincoln Terrace, Map 50, Lot 29 Petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, elevations, floor plans and photographs 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 50 pm by reading the legal notice and described information received from the petitioner Bridgett Steines of Steines Architecture presented the petition for the owners of the property, Joachim Seidel and Francesca Scire-Scappuzzo The applicant is requesting a variance in accordance with the Zoning By-Law (Chapter 35 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a 3-story structure instead of the maximum 2 '/ story allowed At the hearing Ms Steines described the project to the Board A Board member asked if they had considered changing the back of the garage to keep it where it is now They are trying to do everything in a way that would have minimum impact. There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 8 04 pm On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to approve the variance in accordance with the Zoning By-Law (Chapter 35 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow a 3-story structure instead of the maximum 2 '/ story allowed as per plans submitted with the application Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting April 26,2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 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 Garry Rhodes, Building Commissioner Petition Address 1 Oakland Street, Map 48, Lot 94 Petitioner submitted the following information with the application nature and justification of request, plot plan, elevations, fence plans and photographs 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 HDC Clerk and the Zoning Administrator The Chairman opened the hearings at 8 04 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a SPECIAL PERMIT from section 135-32C to allow an 8 ft fence instead of the maximum 6 ft. fence allowed Janet Tiampo, owner of the property, presented the petition At the hearing the petitioner submitted a letter in support from Joe and Claudia Quigley of 3 Oakland Street and elevations for the fence Board members confirmed that the fence would be the same height as it now is and that it was only the rear section that was being replaced There were no audience questions Bob Sacco of 15 Meriam Street spoke in favor of the petition No one spoke in opposition to the petition The hearing was closed at 8 10 pm On a motion by John J McWeeney and seconded by Martha C Wood, the Board voted 5-0 to grant the SPECIAL PERMIT from section 135-32C to allow an 8 ft fence instead of the maximum 6 ft. fence allowed with the condition that they receive approval by the Historic District Commission Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae C'tf BOA Meeting April 26,2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 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 Garry Rhodes, Building Commissioner Petition Address 6 Jackson Court, Map 49, Lot 118 Petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, floor plans and 5 letters of support. 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 8 10 pm by reading the legal notice and described information from the petitioner relative to the petition submitted The applicant is requesting a SPECIAL PERMIT from section 135-29A to allow enlargement or extension of an existing nonconforming single family dwelling Architect Colin Smith presented the petition for the owners of the property, Danielle and Mateo Millett. Letters of support were received from Gresh and Nancy Lattamore of 5 Jackson Court, Donna and John Harrison of 4 Jackson Court, Anthony and Roberta Messina of 9 Jackson Court, Vincent and Mary Petronella of 7 Jackson Court and Barrie Peltz of 8 Jackson Court. There were no questions from the Board There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 8 16 pm Decision On a motion by Leo P McSweeney and seconded by Martha C Wood, the Board voted 5-0 to grant the SPECIAL PERMIT from section 135-29A to allow enlargement or extension of an existing nonconforming single family dwelling Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting April 26,2012 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 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 Garry Rhodes, Building Commissioner Petition Address 23 Ridge Road, Map 62, Lot 55A Petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, floor plans and 4 letters of support. 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 and the Zoning Administrator The Chairman opened the hearing at 8 17 pm by reading the legal notice and described information from the petitioner relative to the petition submitted 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 frontage of 0 ft instead of the required 125 ft., 2) a VARIANCE from section 135-35A., Table 2, Schedule of Dimensional Controls to allow a front yard setback of 1 4 ft instead of the required 30 ft., and 3) a SPECIAL PERMIT from section 135-29A to allow enlargement or extension of an existing nonconforming structure Owners of the property, Ralph A. Bitsko and Virginia L Johnson, presented the petition and explained the hardship as being the topography of the lot. Letters of support were received from Donna and David Burns of 138 Laconia Street, Charlie and Elaine Brenner of 109 East Emerson Road, Ginna John of 14 Ridge Road, Elizabeth and Nark Burnett of 115 east Emerson Road and Guangwen Tang of 14 Ridge Road Board members asked if the property was on septic, where did the water come from and had asked for clarification from the Building Commissioner for the 0 frontage and what kind of improvements were required on an unaccepted street. There were no questions from the audience Evan Bitsko, son of the petitioners, spoke in favor of the petition BOA Meeting April 26,2012 6 No one spoke in opposition to the petition The hearing was closed at 8 16 pm Decisions On a motion by John J McWeeney and seconded by Leo P McSweeney, 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 frontage of 0 ft instead of the required 125 ft. On a motion by John J McWeeney and seconded by Leo P McSweeney, the Board voted 5-0 a VARIANCE from section 135-35A., Table 2, Schedule of Dimensional Controls to allow a front yard setback of 1 4 ft instead of the required 30 ft. On a motion by John J McWeeney and seconded by Martha C Wood, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-29A to allow enlargement or extension of an existing nonconforming structure Sedemitted .Dahhe eaiazerta,Cldmuttnatiee&et BOA Meeting April 26,2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall April 26 2012 Board Members Present. Chairman — Carolyn C Wilson, Leo P McSweeney, David G Williams, Martha C Wood and Associate Member William Kennedy Staff Present. Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building Commissioner Other Business On a motion by John J McWeeney and seconded by Martha C Smith, the Board voted to approve the minutes of April 12, 2012 Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et