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HomeMy WebLinkAbout2014-04-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 24, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member: Frederick S. Johnson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 15 Williams Road, Map 78, Lot 151 Postponed from April 10, 2014 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans and a letter from Anthony Frausto, Project representative, dated February 14, 2014. A new plot plan and new building plans were received since the postponed hearing of April 10, 2014. 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 7:35 pm 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 135- 9.4.2 to allow an increase of a nonconforming structure. Anthony Frausto from Morehouse MacDonald and Associates. Architect for the project, presented the petition for the owners of the property, Mr. and Mrs. Pei Chen. At the hearing Mr. Frausto explained the project and the changes that were made since the application was processed. The Chairwoman questioned the applicant as to what has been done to address water issues they had in the past. (Part of the work being done with this project is to address this issue and the previous owners had installed a sump pump.) A Board member asked what part of the dimensions are nonconforming and are the new plans submitted making the nonconformment larger or smaller. (Nonforming to the front and rear yard setbacks. Side yard setback needs to be 20 ft, the new proposed would be 15.4 ft.) BOA Meeting April 24, 2014 2 Another Board member asked from what street would they access the garage and spoke about moving the curb cut further from corner. (From Williams Road.) A Board member asked what was the existing square footage compared to the proposed. (The applicant went over the dimensions.) The Chairperson asked of the abutters had seen the new plans. (Mr. Frausto was not sure is his client has shared it with them.) Thomas McLaughlin of 16 Williams Road presented a petition signed by 21 neighbors with a concern about the safety of the neighborhood street if this project is approved. He also presented 5 pictures of the street line. He was upset the abutters had not been given the chance to review the plans with the owner. A Board member asked if trees shown on the corner in one of the pictures would be disturbed. (No they would not.) Nicholas Alexanddrou of 3 Williams Road also was concerned with the site view of the street coming from Harding Street. The Architect responded to the concerns stating they were unaware of the number of children who play in the street and any traffic issues. One of the Board members asked if the applicant would consider taking off the 1 foot of the garage that was within the setback. He also told the audience that the site line from the street is outside the purpose of this petition. Fred Estey of 69 Harding Road said the Chens had approached him and showed him his plans but he was confused with the plans and had been concerned with the first plans and the 2 story “wall” he would be looking at. The new plans are for a 1 story garage rather than 2 stories as originally proposed. No one spoke in favor or in opposition to the petition. The Board discussed the concerns of the neighbors and some of the Board felt they would feel better if the neighbors had the opportunity to view the plans and discuss it further with the applicant. On a motion by Jeanne K. Krieger and second by Edward D. McCarthy, the Board voted 5-0 to continue the hearing until May 22, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 24, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 24, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member: Frederick S. Johnson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 85 Reed Street - Map 72, Unit 498 This hearing had been continued from December 12, 2013, January 23, 2014; February 13, 2014 and April 10, 2014 The Chairwoman read a request from Attorney Pamela Brown, representing HCR Construction, to continue the hearing on 85 Reed Street until May 22, 2014 at 7:30 pm. They are still meeting with the Conservation Commission but have not received approval for the project as of yet. A Board member expressed his concern that the hearing had been continued five times over many months. On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5- 0 to continue the hearing until May 22, 2014 with a discussion of how long should the Board allow an applicant to continue hearings. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting April 24, 2014 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room April 24, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Member: Frederick S. Johnson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: 1) 16 Gleason Road: The Board received a letter from Luishun Lau dated April 10, 2014 requesting consideration for a minor modification on a special permit issued on April 11, 2013. Received with the request for modification was: Copy of the April 11, 2013 ZBA Decision; Plot Plan; Modified building plans; Copy of the original plans approved April 11, 2013 and 4 letters of support from neighbors. Victor Liu of 8 Cider Hill Lane presented the case to the Board for the owner of the property, Luishun Lau, explaining the original application was for a full second floor addition to a pre-existing nonconforming structure and a tandem 2-car garage on the right side of the building. They would like to change the garage to a full size garage to the left side of the structure. There was a discussion regarding a tree in the line of the garage, the original footprint of the home, the foundation under the demolished garage and the work that had been done so far. Greg Orr of 17 Gleason Road presented a folder to the Board with information and pictures for the Board to follow as he explained the many concerns of the neighborhood. Allen 15 Dee, Garry 11 Dee Road, Mel Allan 14 Gleason, Sue Orr 17 Gleason Leo P. McSweeney made a motion to accept this as a minor modification and no one seconded. The Board voted this is not a minor modification and the applicant will need to bring his plans back to the Board of Appeals in a formal hearing for approval. 2) On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted to accept the minutes of March 27, 2014 and April 10, 2014. 3) The Chairwoman announced there will be a new Building Commissioner, Frederick Lonardo, who will be starting on May 4, 2014. He will be attending one of our meetings in May or June to meet the Board. Submitted by: Dianne Cornaro, Administrative Clerk