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HomeMy WebLinkAbout2014-05-22-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 15 Williams Road, Map 78, Lot 151 Continued from April 24, 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 also received. The Chairman continued the hearing by reviewing what had taken place at the April 24, 2014 hearing. 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 this hearing Mr. Frausto addressed the corner safety issues which where a concern to the neighbors at the April 24, 2014 hearing. There were no additional questions from the Board. Thomas McLaughlin of 16 Williams Road still had an issue with the structure going outside the setbacks. The Chairwoman asked Mr. McLaughlin if he had seen the updated plans. He said because of his work schedule he had been unable to review them. Mr. Frausto showed Mr. McLaughlin a copy of the proposed plans. No one spoke in favor of the petition. The Chiarwoman closed the hearing at 7:50 pm. On a motion by Jeanne K. Krieger and second by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT from Sections 135-8.4.2 and 135-9.4.2 to allow an increase in a nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 22, 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 85 Reed Street - Map 72, Lot 498 This hearing had been continued from December 12, 2013, January 23, 2014; February 13, 2014, April 10, 2014 and April 24, 2014. Attorney Pam Brown presented the petition along with Brian Powderly, one of the owners of the property. The applicant is requesting a special permit in accordance with the Zoning By-Law section 135-8.42 and 135 9.4.2 to allow reconstruction and expansion of a non-conforming structure. Attorney Brown recapped the proposal and told the Board she had spoken with Karen Mullins of the Conservation Commission and although they still have not received final approval, Karen Mullins felt confident that it would be signed off on at the next Conservation meeting since they were only waiting for minor planting approvals. The Chairwoman asked if Attorney Brown had shown the plans to any of the abutters. She had just received the final plans the day before and had only shown the gentleman that was in the audience tonight. A Board member questioned the water retention on the property (A requirement of the Conservation is to Commission is to have an infiltration system installed.) A Board member asked for clarification of the setbacks and another asked if the foundation would be new (yes). Hiroshi Okuda of 83 Reed Street was concerned that he and other abutters had not had the opportunity to review the plans and was concerned with the proposed size of the proposed home. He presented a letter to the Board with all his concerns. Board members asked Attorney Brown to explain the landscaping plan; asked where the fence on the plans is, asked about the bush on the side of the house and asked about the water drainage system. There was a discussion on the bush on the North side of the house. The builder agreed that he would make every effort possible to retain the bush. The Building Commissioner, Frederick Lonardo, spoke to say as part of the building application submittal they will be required to have a designed drainage system on their plans. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a special permit in accordance with the Zoning By-Law section 135-8.42 and 135 9.4.2 to allow reconstruction and expansion of a non-conforming structure. BOA Meeting May 22, 2014 3 Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 19 Maple Street, Map 30, Lot 103 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 Building Commissioner and the Zoning Administrator. The Chairman opened the hearing at 8:17 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a SPECIAL PERMIT from Section 135-4.4.2 and section 135-9.4.2 to allow an increase in a nonconforming structure by removing the sun porch and adding a 2 story addition. Architect Alisha Stone, presented the petition for the owners of the property, Paul and Caley Chastell. At the hearing Ms. Stone explained the 3 parts of construction to the addition. The Board asked if they will be retaining 2 driveways (yes); confirmed that it was a 2- family and now will be a 1-family (yes); will there be a walkway to the new drive (yes); will the garage be facing the back of the house (yes) and asked if construction vechicles could park on Maple Street. (They will look for a solution for parking not on Maple Street.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 8:28 pm. BOA Meeting May 22, 2014 4 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 135-4.4.2 and section 135-9.4.2 to allow an increase in a nonconforming structure at 19 Maple Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 22, 2014 5 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 7 Harrington Road, Map 57, Lot 2D The Chairwoman read a letter from Attorney Daniel Klasnick, representing Bell Atlantic Mobile of Massachusetts requesting to postpone the scheduled hearing for a special permit to allow to install and operate a wireless communication facility at 7 Harrington Road until June 12, 2014. Roland Defilippi of 1965 Massachusetts Avenue was upset that he waited for this hearing over an hour to learn that it was postponed. He wanted to know if abutters would be notified again of the hearing. David George, the Zoning Administrator, responded that there is nothing in the Zoning Act that requires the abutters to be notified again of a continued or postponed hearing. Dennis Tremblay of 1949 Massachusetts Avenue also spoke with a concern of knowing why it was postponed. The Board discussed a condition that the applicant would notify abutters of the postponement. On a motion by Jeanne K. Krieger and seconded by David Williams, the Board voted 5-0 to continue the hearing until June 12, 2014 with the stipulation that the applicant will re-notify the neighbors of the change in date. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 22, 2014 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 371-443B Massachusetts Avenue The Chairwoman read a letter from Attorney John C. Bartenstein, representing himself and Donna Bosco requesting to postpone the scheduled hearing regarding a Zoning Enforcement Appeal until June 12, 2014. A Board member asked for the reason for the postponement. The Building Commissioner, Frederick Lonardo, told the Board members that he had met with Attorney Bartenstein and is trying to come to an agreement before they come to the Board. Tang Chicherng of 36 Brandon Street spoke of his disappointment that the postponement was not announced earlier. Garette Burke of 46 Brandon Street wanted to know what the appeal was for. Mr. Fry, the Chairman of the Lexington Tree Committee, spoke of an agreement between Lexington Toyota and the MBTA that he hasn’t seen in writing but thought there was some agreement in it about taking down trees. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, the Board voted 5- 0 to continue the hearing until June 12, 2014. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting May 22, 2014 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room May 22, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Administrative Staff: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Other Business: 1) The Chairwoman welcomed the new Building Commissioner, Frederick Lonardo. 2) The Board went over the dismissal of Mancini vs. Carol Brothers, DBA Stone Meadow Golf dated December 8, 2011. 3) 307 Wood Street/1 Katahdin Drive/Katahdin Woods Apartments Attorney Jeff Brown, Property Manager for Kathadin Woods explained the landscape changes from the Comprehensive Permit issued April 2, 1986 they feel are minor. John Frey, Chairman of the Tree Committee was present and made suggestions regarding the proposed trees. On a motion duly made and seconded, the Board voted 5-0 to determine that the REVISIONS to the Comprehensive Permit are INSUBSTANTIAL and that no new public hearing is required. Such determination was made in accordance with the Zoning Bylaw (Bylaw), CH 135 of the Code of the Town of Lexington, § 135-9.2.2.4 and applicable Mass. Gen. L. CH 40B regulations subject to the following: 1. Tree replanting shall start by June 15, 2014. 2. Tree replanting shall be completed by July 15, 2014. 3. The applicant shall provide an ‘As Built’ tree replanting plan, stamped by a Commonwealth of Massachusetts certified Landscape Architect, within seven days of the completion of tree replanting, or in the alternate the applicant shall send to the Zoning Administrator a letter prepared by the Landscape Contractor who installed the trees, attesting to the fact that the Landscape Contractor’s firm removed the trees and replaced the trees with the species identified and in the areas shown on the Planting Plan referenced as “Tree Planting Site Layout,” prepared for Katahdin Woods, dated June 2, 2014. 4. After the tree replacement has been completed, the Landscape Contractor shall contact the Zoning Administrator to request an inspection of the new plantings by the Zoning Administrator or party on his behalf. 4) On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted to accept the minutes of April 24, 2014. Submitted by: Dianne Cornaro, Administrative Clerk