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HomeMy WebLinkAbout2012-07-12-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 228 Lincoln Street, Map 42, Lot 34 Petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan, elevations, floor plans, request for waiver of plot plan requirements and letter referencing decision dated August 14, 2012 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts_Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 30 pm by reading the legal notice and described information received from the petitioner Karen Beck, owner of the property, presented the petition The petitioner is requesting a Variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 25 ft. instead of the required 30 ft. front yard setback. The Board had no questions There were no questions from the audience No one spoke in support or in opposition of the petition The hearing was closed at 7 33 pm On a motion by John J McWeeney and seconded by Leo P McSweeney, the Board voted 5-0 to grant the waiver for the certified plot plan requirement. On a motion by Leo P McSweeney and seconded by John J McWeeney, the Board voted 5-0 to approve the variance from section 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 25 ft. instead of the required 30ft. front yard setback at 24 Oakland Street. Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting July 12,2012 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 4 Hudson Road, Map 25, Lot 222 Petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, floor plans, elevations, photographs and letter in support signed by 8 abutters Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, 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 35 pm by reading the legal notice and described information received from the petitioner Keith Lehman, Trustee of the property, presented the petition The petitioner explained the variance had been granted previously but had lapsed before the work on the project could be started The petitioner 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 side yard setback of 12 7 ft instead of the required 15 ft. side yard setback. A Board member asked when the project would begin and the applicant told her they are ready to start as soon as the variance is filed with the Registry of Deeds One of the Board members questioned why was there a difference in the relief needed since the last decision was approved The work requiring the additional variance and special permit had been started within the time limits required There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 38 pm BOA Meeting July 12,2012 3 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 side yard setback of 12 7 ft instead of the required 15 ft front yard setback Sedemitted - .Dahhe 'Cwiieaaa,Cldmuttnatiee&et BOA Meeting July 12,2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 Address 76 Buckman Drive, Map 15, Lot 94 Petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, floor plans, elevations, photographs and a letter of support from John Negele of 70 Buckman Drive Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 40 pm by reading the legal notice and described information received from the petitioner 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 side yard setback of 11 ft. 6 inch instead of the required 15 ft. front yard setback. Paula Antonevich, owner of the property, presented the petition The Board had no questions There were no questions from the audience No one spoke in support or in opposition of the petition The hearing was closed at 7 43 pm On a motion by John J McWeeney and seconded by Leo P McSweeney, the Board voted 5-0 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 side yard setback of 11 ft. 6 inches instead of the required 15 ft side yard setback at 76 Buckman Drive Seafnu ted lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting July 12,2012 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 Address 187 Woburn Street, Map 47, Lot 12 Petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, elevations, floor plans, photographs and a copy of the Assessor's property card Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 45 pm by reading the legal notice and described information received from the petitioner Matthew Hamor, an Engineer from Hancock Associates, and Architect Rick Esiner presented the petition for the owner of the property, Barbara Handley 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 3 story structure instead of the maximum 2 '/ stories allowed by right. The Board asked what was on the roof and what the area is presently used for The dark figure referenced is a chimney which will remain and currently the area is used as an attic The plans are to add the dormer for a bedroom, bathroom and a staircase One of the Board members asked to clarify who was the owner of the property Ann Robbins has taken over as Trustee of the property Board members asked if they would agree to the condition to remove the irrigation and electrical on lot 13 as requested by Conservation Russell Busa, the Contractor for the project said this was the first he had heard of this and would look into it. He did not have a problem with it being a condition to the variance A Board member also confirmed that the applicant could expand to the rear but they did not want to BOA Meeting July 12,2012 There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 58 pm During discussion Board Member John J McWeeney commented that the project was in harmony with what they had said they were going to do when they came before the Board previously He did not see a reason for the Board to add a condition since it was a condition of the Town accepting the gift of lot 13 On a motion by David G Williams 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 a 3 story structure instead of the maximum 2 '/ stories allowed by right with the following conditions 1 Built as per plans submitted with the application 2 Prior to the Building Permit being issued the exterior electrical lighting and irrigation shall be disconnected and abandoned Seafnu ted - lhahhe 'Cwiieana,Cldmuttnatiae&et BOA Meeting July 12,2012 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 Address 29 Farmcrest Avenue, Map 32, Lot 97 Petitioner submitted the following information with the application 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, Board of Selectmen, the Zoning Administrator, the Planning Director and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 8 06 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-38A, to allow a side yard setback of 6 ft. 9 inches instead of the exempted 7 5 ft. side yard setback and a SPECIAL PERMIT from section 135-29A to allow expansion of a nonconforming dwelling Contractor Brian Lavelle and Architect Carl Oldenburg, presented the petition for the owners of the property, Roy and Virginia Fountain At the hearing the presenters presented a picture of the house as it exists and a rendering of the proposed renovations The Board had no questions Bala Balachander of 28 Kendall Road asked the applicant to confirm that the left side of the house was going to be no larger than the present footprint and also asked if the driveway will remain as is Muriel Ward of 23 Farmcrest Avenue spoke in support of the petition No one spoke in opposition The hearing was closed at 8 06 pm BOA Meeting July 12,2012 8 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 135-38A, to allow a side yard setback of 6 ft. 9 inches instead of the exempted 7 5 ft. side yard setback, and 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 expansion of a nonconforming dwelling at 29 Farcrest Avenue Sedemitted - lhahhe 'Cwiieaaa,Cldmuttnatiee&et BOA Meeting July 12,2012 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Lexington Town Hall July 12 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 Other Business On a motion by Martha C Wood and seconded by David G Williams, the Board voted 5-0 to accept the hearing minutes of June 14, 2012 as written