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HomeMy WebLinkAbout2014-03-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 409 Massachusetts Avenue, Map 21, Lot 11 and 12 Continued from December 12, 2013 and February 27, 2014 The Chairman opened the continued hearing by re-reading the legal notice and asked the petitioner to please give the Board an explanation of what action he would like the Board to take. Attorney John C. Bartenstein spoke on behalf of himself and Donna Bosco as the applicants for this petition. After considerable thought and reflection on this petition the applicants would like to withdraw this application with prejudice but asked the Chairman if he could take the opportunity to address issues and concerns they have regarding the circumstances of this petition. Attorney Bartenstein went over the following concerns: 1) Incentives: After the fact request to modify a special permit receives the same consideration as someone that comes before the Board to request modification before they begin the work. 2) Minor modification process: Although it did not happen with this request, there is a concern with the ability of the Board to make a determination for a modification without notification to the abutters. In this case the Board had decided this was not a minor modification and Lexington Toyota came before the Board as an advertised hearing. 3) Neighbor’s rights: Troubled with citizens trying to do the right thing. Would like to see something in place that would equalize neighbors and applicants rights to be involved in the process. Donna Bosco spoke of her disappointment with the process and the way she was made to feel by her corporate neighbor. She agreed with everything Attorney Bartenstein said and spoke of the image she had of the Town government looking out for her has changed. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted, 5-1 accept the withdrawal with prejudice from Attorney John Bartenstein. A Board member commented that Attorney Bartenstein and Ms. Bosco should be proud of what they did and do not feel there was an adverse position from this Board but if they feel there was he apologizes. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy; Leo P. McSweeney; David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 44-46 Parker Street, Map 49, Lot 125 This hearing was continued from January 9, 2014 and from February 13, 2014. The Chairman opened the continued hearing by re-reading the legal notice. The petitioner is requesting a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow a modification of a nonconforming structure. Sean Glynn representing, Galway Realty, presented the petition with the Architect for the project, John Stewart. Before the continued hearing a revised plot plan, dated February 24, 2014, prepared by Boston Survey, Inc. and a revised plan set, consisting of 4 sheets was submitted to the Board. Sheet 1, Plot Plan, dated September 18, 2013 was replaced with the revised plot plan dated February 24, 2014. Sheets 2 to 4, referenced as Sheet S-1, Site Setback Plan; Sheet A-2, West and South Elevations; and Sheet A-2, East and North Elevations, are dated February 6, 2014, prepared by Stefanov Architects were submitted for the Board’s review. (The plans show the modifications listed below). At the January meeting the Board asked the applicant to continue the hearing and take action on the following: 1. They were asked to stake off the lot to give Board members an oportunity to see where the proposed structueres would be. (Done) 2. There were a couple items that needed to be discussed with neighbors. (Done) 3. They met with most of abutters; several have written letters of support. 4. They made modifications to the plans in response to the neighbors and Board’s concerns. (The second floor balcony and deck at the northeast rear of the house has been eliminated; The second floor balcony at the southeast rear of the house has been eliminated; Both the garage dormers and the north facing windows have been eliminated and The front entry stairs have been altered from a pair of curved runs to a single straight run with bowed treads.) 5. The applicant met with HDC with several neighbors speaking in favor of the proposed plans. They received approval by the HDC A Board member asked for clarification of the proposed dimensions for the setbacks. (Except for the garage and porches to be added everything else is within the required setbacks.) BOA Meeting March 27, 2014 3 They plan to keep all the existing driveway on the right side except for small amount which is further to the center of the lot and will be used as a patio. A Board member spoke to say that the important part of why they had asked for the continuance was to give the applicant time to meet with the abutters and that was successfully done. There were no questions from the audience. Vincent Petronella of 7 Jackson Court spoke in favor of the petition and read a statement he had sent to Sean dated February 13, 2014. Nancy Latimore of 5 Jackson Court had sent an e-mail and spoke in support. No one spoke in opposition to the petition. The hearing was closed at 8:05 pm. On a motion by Carolyn C. Wilson and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a special permit in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-8.4.2 and section 135-9.4.2 to allow a modification of a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy; Leo P. McSweeney and David G. Williams. Alternate: Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 15 Williams Road, Map 78, Lot 151 The Chairman read the legal notice and informed the Board the applicant Anthony Fransto of Morehouse, McDonald and Associates is requesting a postponement of this hearing until April 24, 2014. On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the postponement until the hearing of April 24, 2014. Nicholas Stratos of 3 Williams Road asked if he would be able to view the plans they have submitted. The Chairwoman advised him to view the plans in the Building Department but we were expecting new plans to be submitted. David George advised the audience that there will be no further mailings for notifications of the postponed hearing; this would serve as notice of the hearing. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy; Leo P. McSweeney; David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 1709 Massachusetts Avenue, Map 48, Lot 101 The petitioner submitted the following information with the applications: nature and justification of request; site plan; sign plans and elevations; photographs; light cover information sheet and a copy of the HDC Certificate of Appropriateness dated June 4, 2009. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator Comments were received from the Health Director, the Selectmen’s Office, The Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:13 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT from Section 135-5.2.10 in accordance with 135-94.2 to allow for more or larger signs than are allowed by right. Kevin Duggan of Metro Sign and Awning presented the petition for the owner of the business, Ilcasale. At the hearing Mr. Duggan explained the existing signing and the changes they would like to make to the awning signs, wall sign and projection sign. A Board member did not realize the amount of signage that would be done; asked if they would have a menu board outside. (No) Had a concern with the different color awnings, the name of the restaurant on both awnings and the word bar in the name. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:20 pm. A Board member asked for clarification for the signs they were voting on. BOA Meeting March 27, 2014 6 David Williams made a second motion to have the word Bar taken off the signage. It was not seconded. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger the Board voted 5-0 to grant the special permit from Section 135-5.2.10 in accordance with 135- 94.2 to allow for more or larger signs than are allowed by right Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy; Leo P. McSweeney, David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 37 Grove Street, Map 58, Lot 41B The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans and an e-mail of consenting to the postponement of the hearing due to a snow storm. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:24 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a VARIANCEfromSection 135-6.7.8.3 and 135-9.2.2.2 toallow for gross floor area of 1,406 sq. ft. instead of the maximum 1,000 sq ft allowed and a SPECIAL PERMIT Section 135-6.7.8 and 135-9.4.2 to allow an accessory structure apartment Allan Konar, owner of the property, presented the petition by explaining the history of the home and barn built in 1823. They have gone before the Historic Commisison and received their approval from the for the propsed renovations. The applicant seeks to convert the accessory structure into a 1,406 sq. ft. accessory apartment. The Chairwoman asked the applicant to explain what is the back garage/ structure at the back of the house. It had been built by previous owners for a family member to live in; they use the garage as a shed. Eventually would like to remove it; he feels it is an eyesore. A Board member questioned the use of the drive way on the right side of house; they will not be using it drive to the lower garage. No new driveway being built. Area to the side of barn to be regraded and reseed. It was also asked if they will have accurate parking; they all live in house presently and they have plenty of parking. There were no questions from the audience. BOA Meeting March 27, 2014 8 No one spoke in favor or in opposition to the petition. The hearing was closed at 8:40 pm. Decision On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0, to grant a VARIANCEfromSection 135-6.7.8.3 and 135-9.2.2.2 toallow for gross floor area of 1,406 sq. ft. instead of the maximum 1,000 sq ft allowed and a SPECIAL PERMIT Section 135-6.7.8 and 135-9.4.2 to allow an accessory structure apartment. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to grant the waiver to the plot plan requirements. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator Address: 44 Cedar Street, Map 58, Lot 41B The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations and floor plans. Prior to the hearing, the petitions and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, Economic Development; the Historic District Commission Clerk and the Zoning Administrator. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:34pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a special permit from sections 135-8.4.2 and 35-9.4.2 to allow modification of a non conforming structure. Architect Carl Oldenburg presented the petition for the owners of the property, Lucinda Shaw and Hans Tuneblom. Mr. Oldenburg explained the existing house and the proposed addition project and entry door change. Will not be adding any additional bedrooms but will be adding a bathroom. 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. A Board member commentted that he had grown up in this area and thought they were doing a good job with renovating this home. The hearing was closed at 8:40 pm. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy the Board voted 5-0 to grant a special permit from sections 135-8.4.2 and 35-9.4.2 to allow modification of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 27, 2014 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 27, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, David G. Williams and Associate Member Carolyn C. Wilson Staff Present: David George, Zoning Administrator OTHER BUSINESS: 1.106 Blake Road – Mallikarjuna R. Putta requested determination from the Board that modifications to a special permit granted on September 12, 2013 are minor in nature and would not require an advertised hearing. Mr. Putta would like to change the approved dimensions of the proposed garage from 26 ft. 10 inch x 22 ft. x 3 inches and a 7 x 7 ft mud room to be slightly larger. He would like the garage to be 29 ft. 10 inches x 22 ft. 5 inches and the mud room as 11 ft. x 8 ft. A Board member said she was comfortable making this a minor modification since she had read the minutes from the original hearing and there were no comments from any abutters regarding this project. The Chairwoman asked if he had contacted the neighbors of the changes he would like to make. Another member felt that Mr. Putta should go to the neighbors to let them know of the changes being made. He had asked the Zoning Administrator if the abutters had the same ability to appeal this decision. On a motion by Jeanne K. Kriger and seconded by Leo P. McSweeney, the Board voted 5-0 to determine proposed changes to the special permit dated September 12, 2013 are minor and no formal advertised hearing is required. 2.Zoning articles - Jeanne Kriger spoke to the board and gave an update to the Zoning articles that were approved by Town Meeting. The one that will affect this Board the most was the rezoning for Music and Art Schools as allowable with a special permit and the use and businesses in the CN zone allowed increasing from 15,000 to 35,000 sq. ft. 3.Hearing times – David George spoke to the Board about not setting times for each hearing; each hearing would be listed as 7:30 for the hearing times. The Board had a brief discussion with the pros and cons of setting times and not setting times. It was decided that we will have no scheduled times for a trial basis. Will follow up in 3 months to see how it works. The meetings will be advertised as 7:30 pm. BOA Meeting March 27, 2014 11 4.On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy the Board voted 5-0 to accept the minutes of the February 20, 2014. 5.On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney the Board voted 4-0 to accept the minutes of the February 27, 2014. Mr. Williams was not present th at the February 27 meeting and therefore did not vote on the minutes. 6.The meeting was duly adjourned.