HomeMy WebLinkAbout2013-06-13-ZBA Minutes
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 13, 2013
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, Martha C. Wood and Associate Member Richard A. Michelson
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 110 Simonds Road, Map 77, Lot 121A
The petitioner submitted the following information with the application: nature and
justification of request; topographic plan; plot plan; floor plans; a petition signed by 12
abutters and a ZBA decision dated September 13, 1955.
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.
This hearing had been continued from May 23, 2013.
The applicant is requesting 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 4.5 ft. instead of the required 15 ft. to construct
a 2-story 24 ft. by 24 ft. garage and living area addition to the existing house.
Since the last hearing, Laura and Hans Claesson has spoken with their abutters and
their contractor regarding the stormwater run-off. They investigated solutions and
found that they do not have the room needed for a drywell but felt a gutterless sysem
with trenches on 2 sides of the addition would solve the run off concern. They had
consulted an Engineer but do not have a formal report from him.
There were multiple questions from the Board regarding the run off, the trench and
where the addition was located. They asked for guiadance from the Zoning
Administrator as to what was a feasible plan for the run off and what could be
conditioned.
There were no questions from the audience
No one spoke in favor or in opposition to this petition.
The hearing was closed at 7:48 pm.
BOA Meeting June 13, 2013 2
On a motion by Leo P. McSweeney and seconded by Richard A. Michelson, 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 4.5 ft. instead of the required 15 ft. to construct a 2-
story 24 ft. by 24 ft. garage and living area addition to the existing house with the
condition that prior to receiving a building permit they shall submit a plan showing the
trenches and gutterless system. If plan not acceptiple by the Building Commissioner
the applicant shall be required to come back to the Board.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting June 13, 2013 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 13, 2013
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, Martha C. Wood and Associate Member Richard A. Michelson
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Address: 82 Pleasant Street, Map 8, Lot 2
The petitioner submitted the following information with the application: nature and justification
of request; topographic plan; plot plan: elevations; floor plans and a letter of support from the
residents of 94 Pleasant 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 Conservation Administrator and the Zoning Administrator.
The Chairman opened the hearing at 7:50 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 135-4.1.1., Table 2, Schedule of Dimensional Controls to allow
a side yard setback of 14.07 ft. instead of the required 15 ft.
Albert Huang, owner of the property, presented the petition by describing the proposed 2.5
story addition onto the garage.
A Board member asked what did the Coservation Administrator say about the addition. They
are meeting for a site visit on Saturday, June 15, 2013.
There were no questions from the audience.
Laura Carpenter of 94 Pleasant Street spoke in favor of the petition.
No one spoke in opposition to the petition.
The hearing was closed at 7:55 pm.
On a motion by Jeanne K. Krieger 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 135-4.1.1., Table 2, Schedule of Dimensional Controls to allow a side yard
setback of 14.07 ft. instead of the required 15 ft.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting June 13, 2013 4
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 13, 2013
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, Martha C. Wood and Associate Member Richard A. Michelson
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 0 Downing Road
The petitioner, Attorney Edmund Grant, representing Suzanne B. Caton, requested the
hearing be postponed until July 11, 2013 so that this application can be heard with an
additional variance application.
On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to
postpone the hearing on 0 Downing Road to July 11, 2013.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting June 13, 2013 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 13, 2013
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, Martha C. Wood and Associate Member Richard A. Michelson
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator
Address:
324 Marrett Road, Map 32, Lot 16
The petitioner submitted the following information with the application: nature and justification
of request; site plan; sign plans; decisions from April 11, 2013 and March 28, 1985 and an
updated canopy sign plan.
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; Economic Development; Historic Districts Commission
Clerk and the Design Advisory Committee. Comments were received from the Conservation
Administrator, Health Director, Selectmen’s Office, the Zoning Administrator and the Design
Advisory Committee.
The Chairman opened the hearing at 8:15 pm by reading the legal notice and described
information received from the petitioner.
The applicant is requesting a SPECIAL PERMIT AND AMENDMENTS TO SPECIAL
PERMITS in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington)
section 135-9.4, 135-5.2.10, 135-5.2.4, 135-5.2.8.3 to allow for more or larger signs than
allowed by right, internally illuminated signs and modifications to the existing standing sign.
Attorney John T. Smolak presented the petition for the applicant, Cumberland Farms Inc. With
Attorney Smolak at the hearing was Dawn Johnson, the Project Manager from Cumberland
Farms, Inc.
Attorney Smolak gave a history of the past Board of Appeals decisions and the proposed
changes to be made to the signs.
The Project Manager, Dawn Johnson, provided information on the materials to be used for the
canapy and wall signs.
Attorney Smolak provided new building related drawings, revision dated June 13, 2013.
Board members asked if the standing sign was staying in the same location? (It is staying in
the same location but is 3 ft. shorter); what will the hours be for the sign (same as by laws);
and also asked about landscaping for the property.
The Zoning Administrator asked Attorney Smolak to verify the plans to be used in the decision.
DJ Modoona of 336 Marrett Road asked for clarification of how many signs would be on the
building. (1)
Lee Minardi of 37 Downing Road asked what was the setback for the larger canapy from the
road and objected to the illumination of the sign on the canapy.
BOA Meeting June 13, 2013 6
No one spoke in favor to the petition.
The hearing was closed at 8:26 pm.
On a motion by Jeanne K. Krieger and seconded by Richard A. Michelson, the Board voted 5-
0 to grant a SPECIAL PERMIT AND AMENDMENTS TO SPECIAL PERMITS in accordance
with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9.4, 135-5.2.10,
135-5.2.4, 135-5.2.8.3 to allow for more or larger signs than allowed by right, internally
illuminated signs and modifications to the existing standing sign with the following conditions:
1. The hours of operation for the illuminated signs shall be in accordance with the
Lexington By-Laws, chapter 135-75 (A).
2. Condition 7 of the decision dated April 11, 2013 shall be deleted.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting June 13, 2013 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 13, 2013
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, Martha C. Wood and Associate Member Richard A. Michelson
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
OTHER BUSINESS:
1. On a motion Jeanne K. Krieger and seconded by Richard A. Michelson, the
board voted 5-0 to accept the minutes of May 23, 2013.
2. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the
meeting was adjourned.
Submitted by: Dianne Cornaro, Administrative Clerk