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HomeMy WebLinkAbout2012-09-27 ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, 1625 Massachusetts Avenue September 27, 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, David George, Zoning Administrator and Town Council, Attorney Kevin Batt The Chairman opened the meeting at 7:00 pm and requested a motion from the Board to go into executive session to discuss strategy with respect to litigation involving the matter of George V. Keljikian. The Chairman declared holding an open session on this matter may have a detrimental effect on the Town’s negotiating position. Further upon conclusion of the executive session, The Board of Appeals will reconvene in open session at 7:30 pm. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted with a roll call vote by John J. McWeeney, Carolyn C. Wilson, David G. Williams and Martha C. Wood to go into executive session. Leo P. McSweeney joined the executive meeting at 7:15 pm. BOA Meeting September 27 2012 2 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building September 27, 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 Associate Member Ralph D. Clifford also sat for this hearing. Petition Address: 68 Winter Street, Map 88, Lot 50 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan. elevations, plans, photographs, amateur radio license and a petition of support from abutters residing at 66, 72 and 74 Winter Street. 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 7:36 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a Special Permit in accordance with section 135-39B (3) to allow an amateur radio installation to be 50 ft. instead of the maiximum allowed 40 ft. Mauri Niininen, owner of the property, presented the petition. Mr. Niininen gave the Board a copy of his presentation, pictures of an example of another 50 ft. tower, an information sheet on RF Safety, information sheet on property values and additional information on amateur radio calculations. A Board member asked how communication with police during emergencies would happen. The applicant answered he would have agreements and arrangements set up with the police, fire and hospitals. It was asked if the current antenna be taken down. Yes Brenden Maher of 66 Winter Street spoke in opposition to the petition. He presented to the Board a petition signed by 18 residents of Lexington Park Trust community and 11 e-mails all in opposition to the petition. Claudia Handwerker of 17 Pine Knoll Road spoke of her concerns with the petition. BOA Meeting September 27 2012 3 Jim Goell of 6 Boxwood Lane, Dr. Jaydeep Kansara of 8 Magnolia Lane, Kerri and John Cahoy of 5 Magnolia Lane, Brent Feldman of 6 Magnolia Lane, John Fedele of 16 Sullivan Street and Neil Kaminsky of 10 Boxwood Lane spoke in opposition to the petition. Nancy Earsy of 37 Grant Street spoke in favor of the petition. The Chairman closed the hearing at 8:17 pm. On a motion by John J. McWeeney and seconded by David G. Williams the Board voted, 1-4 to approve the request for a special permit from section 135-39B (3) to allow an amateur radio installation to be 50 ft. instead of the maiximum allowed 40 ft. The motion was denied. David Williams was the only Board member in favor of the petition. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 27 2012 4 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building September 27, 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 Associate Member Ralph D. Clifford also sat for this hearing. Petition Address: 34 Wood Street, Map 59, Lot 30 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, floor plans and a copy of the Assessor’s 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 Zoning Administrator. The Chairman opened the hearing at 8:18 pm by reading the legal notice and described information received from the petitioner. Variance The applicant is requesting a in accordance with 135-32 C (1) of the Zoning Bylaw to allow increase in site coverage and gross floor area of 1250 sq. ft. instead of Special Permit the existing 460 sq. ft. and ain accordance with section135-32 C to allow construction after deconstruction of a nonconforming structure Peter Ciampa, owner of the property, presented the petition to the Board by explaining the proposed project. Mr. Ciampa presented letters of support from Robert and Nancy Earsy of 37 Grant Street, Galina Kuznetsoc of 28 Wood Street and John Mazerall of 40 Wood Street. There were no questions from the Board. There were no questions from the audience. No one spoke in opposition to the petition. Barbara Ciampa, mother of the applicant and now a resident of Brookhaven, spoke in support of the petition. The hearing was closed at 8:27 pm. BOA Meeting September 27 2012 5 On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board VARIANCE voted 5-0 to grant a in accordance with 135-32 C (1) of the Zoning Bylaw to allow increase in site coverage and gross floor area of 1250 sq. ft. instead of the existing 460 sq. ft. On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board SPECIAL PERMIT voted 5-0 to grant a from Section 135-32C to allow reconstruction after deconstruction of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 27 2012 6 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building September 27, 2012 Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P. McSweeney, David G. Williams and Martha C. Wood Associate Member Ralph D. Clifford also sat for this hearing. Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 3 Paul Revere Road, Map 51, Lot 129 The petitioner submitted the following information with the application: nature and justification of request and a plot plan. An e-mail from Stephanie and Akram Ahmend of 2663 Massachusetts Avenue in support of the petition was received before the hearing. Also received was a letter dated September 18, 2012 from Attorney Mark J. Salvati representing Ralph and Drusilla Hanson of 2643 Massachusetts Avenue in opposition to the petition. 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 with a copy of the decision dated June 25, 2009. The Chairman opened the hearing at 8:38 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a modification of a Special Permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-19D and section 135-11C to allow modification of condition 2 of the special permit issued June 25, 2009. Attorney David Fulmer presented the application for the owners of the property, Nicolas and Cynthia Alex. Attorney Fulmer explained to the Board the the problems the Alex’s have had maintaining arborvitaes along the property line and would like to install a fence in place of the evergreens. BOA Meeting September 27 2012 7 Board members asked how high and how long the fence would be. 6 ft. high and 54 ft. long. One of the Board members commented that there are evergreens that survive in low light. There were no questions from the audience. No one spoke in favor of the petition. Attorney Mark J. Salvati on behalf of Ralph and Drusilla Hanson of 2643 Massachusetts Avenue spoke in opposition to the petition. Attorney Salvati presented a letter dated September 26, 2012 from LeBrun Landscape and Design supporting the planting of arborvitaes along the property line if maintained correctly. Ralph Hanson of 2643 Massachusetts Avenue also spoke in opposition to the petition. The hearing was closed at 8:46 pm. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 1-4, with John J, McWeeney in favor, to allow modification of condition 2 of the special permit issued June 25, 2009 in accordance with the Zoning By-Law (Chapter The request for 135 of the Code of Lexington) section 135-19D and section 135-11C. the modification was denied. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 27 2012 8 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building September 27, 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, David George, Zoning Administrator and Town Council, Attorney Kevin Batt Address: 7-11 Massachusetts Avenue, Map 13, Lots 416, 417, 422 This hearing was continued from August 23, 2012 and September 13, 2012. The Chairman read the following list of items submitted since the September 13, 2012 meeting: 1) Revised Parking Plan, entitled, “Schematic Parking Layout, Option D3,” dated September 18, 2012, prepared by Meridian Associates; 2) Lease for Land South of Hike/Bike Trail, entitled “Massachusetts Bay Transportation Authority (MBTA) Use and Occupancy Agreement Railroad Properties Mal’s Auto Body Lexington, Massachusetts,” dated March 26, 2001, prepared by the MBTA and the Keljikians; 3) Amendment to Settlement, entitled “First Amendment to Settlement Agreement,” undated, prepared by Town of Lexington and Malcolm and Jean Keljikian (unsigned); and 4) Planting Plan, MBTA property adjacent to Bow Street Lot, untitled, and undated, showing: 7 Trees— Amalanchier 10 ft. and or Cercis Candensis 6-8 ft and 8 Beds— Blueberry or American Holly Bushes (3 per bed), Heavy Bark Mulch. The Chairman asked the applicant and the audience that discussion be limited to the new submittals. Attorney Dailey spoke of the amendment to the settlement agreement and told the Board of Mr. Keljikian’s progress in speaking with the MBTA regarding their new lease and told the Board the Landscaping plan will need to be approved by the Conservation Commission. He also told the Board they are not asking for the hours to be changed on the Kiljikian’s front lots, they are asking the hours of operation for parcel x to be Monday thru Friday, 7:00 am until 9:pm and 8:00 am until 3:00 pm on Saturdays. Attorney Batt wanted it publically clear that the town is advocating that the hours for parcel x be the same as the hours for the front business which are 8 to 6 Monday thru Friday and 8 to 12 on Saturday. BOA Meeting September 27 2012 9 The Kiljikians and the Town has not been able to come to agreement regarding the hours and both have agreed to abide by the wishes of the Board of Appeals in their decision regarding the hours of operation for parcel x. One of the Board members was concerned that when he read thru the lease with the MBTA he did not see where Mr. Keljikian had any easement to cross over the bike path. A discussion followed regarding the easement to cross over the bike path and the many private crossings over the bike path in Lexington. The Board also discussed the landscaping and their wish to have plantings on the North side of the bike path. If a lease is obtained from the MBTA Mr. Kiljikian agreed to a condition of landscaping at least 8 feet wide to be constructed along the north side of the bikeway. It was asked by a Board member what went on between the hours of 7 am and 8 am that would make them want to open earlier. Ellen Basch of 3 South Rindge Avenue spoke of the changes that have occurred and told the Board the only outstanding concern was the hours of operation. Attorney Anthony Caliendo, 1520 Massachusetts Avenue, Arlington summerized his reasons for appeal if the variance is granted. After a review of the evidence presented, the members of the Board opposed to the relief requested found that the applicant failed to carry his burden to explain why the request should be granted. On a motion made by Leo P. McSweeney and seconded by Martha C. Wood, motion to grant the clarification requested, three members voted in favor while two members - - Martha C. Wood and John J. McWeeney -- voted against, the motion failed to carry by the requisite four votes and the Board of Appeals hereby denies the requested clarification to the 1966 PERMIT to Malcolm Keljikian. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board of Appeals voted five to zero to GRANT for the above reasons a modification to the VARIANCE from the Code of the Town of Lexington (Zoning By-Law) issued in 1973 to Malcolm Keljikian at Parcel X off Bow Street, subject to the following conditions:  Conditions a through j of the Settlement Agreement, as set forth above;  Hours for the Keljikians’ business operations upon Parcel X shall be Mondays through Fridays from 7:30 a.m. to 6:00 p.m and Saturdays from 7:30 a.m. to 12 noon. At all other times, the access to Parcel X shall be barred by the gate and barriers to be erected under condition b, above, except for emergency response or MWRA access as set forth in conditions d and f. BOA Meeting September 27 2012 10 This variance modification shall not take effect until the petitioner records, at his or her own expense, a copy of this decision with the Middlesex South District Registry of Deeds, pursuant to Massachusetts General Laws, Chapter 40A, Section 11. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting September 27 2012 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall September 27, 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: The Chairman thanked John J. McWeeney for his many years of service to the Town of Lexington and to the Board of Appeals. This was his final meeting. On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board voted 5-0 to accept the hearing minutes of September 13, 2012. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to accept the 2013 calendar for the Board of Appeals. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk