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HomeMy WebLinkAbout2014-01-23-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 23, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 409 Massachusetts Avenue, Map 21, Lot 11 and 12 Due to a scheduling conflict, the petitioners, John C. Bartenstein and Donna requested to continue the hearing until Thursday, February 27, 2014. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted, 4-1 to continue the hearing until February 27, 2014 at 7:30 pm. Edward D. McCarthy voted in opposition to the vote. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted, 5-0 to waive the constructive grant deadline until 45 days after the conclusion of the continued hearing. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 23, 2014 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 23, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 85 Reed Street, Map 72, Lot 498 The petitioner, Attorney Pamela Brown, requested the hearing be continued until February 13, 2014 to give them the opportunity to go before the Conservation th Commission on January 28. On a motion by Edward D. McCarthy and seconded by Leo P. McSweeney, the Board voted 5-0 to continue the hearing until February 13, 2014 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 23, 2014 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 23, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 0 Moreland Avenue, Map 15, Lot 5 - and 30 Moreland Avenue, Map 15, Lot 4 At the request of the petitioner and with the approval of the Board the applications for 0 Moreland and 30 Moreland were heard together. The Chairwoman opened the hearing by reading the legal notices and described information received from the petitioner for both parcels. The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; elevations; state from Maria E. Frattura, copy of tax bills for both parcels, quick deed; assessor’s plan, summary analysis of new construction in the neighborhood; petition of support signed by 27 abutters and an e-mail from Attorney Edmund Grant dated January 22, 2014 regarding agreement with Harold and Sandra Miller-Jacobs and contractor Joel Werrick; letter from Attorney Grant responding to a letter from the Planning Board in opposition.. 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, the Economic Development Administrator and the Historic Districts Commission Clerk. Comments were received from the Planning Board and the Zoning Administrator. A letter of concern was received from Diane Rubin of 23 Moreland Avenue. The petitioner is requesting the following variances in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-4.5, Table 2, Schedule of Dimensional Controls for the following relief: For 0 Moreland Avenue: 2 Variances to allow 1) A lot size of 10, 200 sq. ft. instead of the required 15,500 sq ft.; and 2) A frontage of 60 ft. instead of the required 125 ft. frontage. For 30 Moreland Avenue: 4 Variances to allow 1) A lot size of 11,746 sq. ft. instead of the required 15,500 sq. ft; 2) Frontage of 91.8 ft. instead of the required 125 ft.; 3 & 4) 2-side yard setbacks of 12 ft. instead of the rqeuired 15 ft. side yard setbacks. BOA Meeting January 23, 2014 4 Attorney Edmund Grant presented the petition for the owner, Mary and Aurel Frattura. With Attorney Grant was Mary and Aurel Frattura, contractor Joel Werrick, who is purchasing the property from the Frattura’s and realtor Kristen Brown. The applicant seeks to 1) formally divide the lots; 2) Construct a new house on the vacant lot; and 3) demolish the existing house and construct a new dwelling with reduced left and right –side yard setbacks. A Board member asked if there were plans to finish the basement. (At his time there are no plans to finish the basement.) One of the Board members commented on the square footage of houses on the Street are much smaller. (Kristin Brown had done a report for them with the square footage of the homes on Moreland Avenue.) He had also questioned and commented on the accessed value of the vacant lot. The Board member expressed a concern for the size of the home and commented if the contractor changed the shape of the house they would not need the variances. Joel Werrick answered could be done, practically and economically would not be realistic. He must get a certain square footage would be minimize back yard and closer to the neighbors Asked to confirm the sq. ft of the homes The following abutters had questions and concerns for the petitions: 1) Alexandra Elliott of 24 Swan Lane questioned a denial the owners had received for a garage on the property. 2) Carolyn Baltzer of 7 Rockville Avenue had concern for green space and was concern with 2 homes verses 1 home on the 2 lots changing the look of the neighborhood. 3) Terry Rosica of 17 Rockville Avenue, new to Lexington moving from Los Angeles, was also concerned with 2 homes changing the character neighborhood that attracted her to Lexington. 4) Louis and Carol Zaczkiewicz of 28 Moreland Avenue presented a written letter and photographs and are requesting the Board to maintain the setbacks as they are required in the Lexington By-Laws. 5) Phil Stevens of 25 Swan Lane also moved to the neighborhood because of the picturesque neighborhood and green space. Mr. Stevens also commented on the amount of tax being paid for that extra lot. 6) Charles Hornig, Chairman of the Planning Board spoke of the Boards letter sent to the ZBA in opposition to the petitions. BOA Meeting January 23, 2014 5 The following abutters spoke in support of the petition: 1) Mart Ojama of 11 Swan Lane has no problem with having 2 houses on these lots and really does not have an issue with the variances they are asking for. He has an issue with a home that enclosed his yard with a 6 foot white plastic fence that he found more offensive than the 2 homes on the 2 lots. 2) David Crafts of 29 Moreland Avenue listened to Attorney Grant give the sequence of events that set-up the structure of the 2 separate lots which seems to be the way it should be. He appreciates the neighbors concern for green space but basically they are talking about a variance of 2 feet. 3) Don Schomer of 35 Moreland Avenue spoke of the size of the homes in the neighborhood and the proposed homes are keeping within the size of the new homes in the area. He is in support the division of the lots. Attorney Grant spoke of the concerns of the neighbors. The proposed lots are consistent with the standard lots in the neighborhood and do fit in with the neighborhood. Attorney Grant addressed the hardship as both the shape of the lot and a financial hardship. The Chairwoman closed the hearing. The Board discussed a memorandum that was sent regarding screening and plantings between the proposed new homes and the Miller-Jacobs home. On a motion by Leo P. McSweeny and seconded by Jeanne K. Krieger the Board voted 5-0 to approve 2 Variances in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.5, Table 2, Schedule of Dimensional Controls to allow 1) A lot size of 10, 200 sq. ft. instead of the required 15,500 sq ft.; and 2) A frontage of 60 ft. instead of the required 125 ft. frontage with the condition that there is vegetation screening along the rear of the property lot line for 0 Moreland Avenue. On a motion by Leo P. McSweeny and seconded by Jeanne K. Krieger the Board voted 5-0 to approve 2 Variances in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.5, Table 2, Schedule of Dimensional Controls to allow 2 Variances to allow 1) A lot size of 11,746 sq. ft. instead of the required 15,500 sq. ft; 2) Frontage of 91.8 ft. instead of the required 125 ft.with the condition that there be a vegetative screening at the rear of the lot for 30 Moreland Avenue; and On a motion by Leo P. McSweeny and seconded by Jeanne K. Krieger the Board voted 2-3 (Jeanne and Leo in favor) to approve 2 Variances in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-4.5, Table 2, Schedule of Dimensional Controls to allow 2-side yard setbacks of 12 ft. instead of the rquired 15 ft. side yard setbacks with the condition be a vegetative screening at the rear of the lot for 30 Moreland Avenue. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting January 23, 2014 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room January 23, 2014 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and Associate Member Carolyn C. Wilson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS: 1) Minutes of January 9, 2014 have not been completed; therefore there was not vote on minutes. 2) Mr. Charles Hornig, Chairman of the Planning Commission, came before the Board to discuss 3 articles on the warrant for changes to the Lexington By-Laws that will be brought before the Town Meeting:  The first item is the registered marijuana dispensaries. The Planning Boards’ position is to permit the growing and production in the CM District, primarily along the Hartwell Avenue area and to permit the distribution in the CRS, CB, retail districts. They are proposing this to the Town Meeting now but feel they are many years from anyone receiving the required state licensing permission for this.  The second change they are proposing is the development standards for uses and structures for more than 10,000 sq. ft. Currently any use or structure over 10,000 sq. ft. requires a special permit. The feeling of the Planning Board is that the original intent was the site plan review was what was most important and the only process available at the time was the special permit with site plan review. They do not feel it is appropriate not to have it as a by right and with reasonable conditions if needed. Site plan review is more appropriate for this. Just because something is over 10,000 won’t put it into a special permit range. Faster time frame for approval than a special permit. If something needs a site plan review the Planning Board will become SPGA for any other permits required for the project so that the applicant would only need to go before one board.  The third item would be 3 pages of technical corrections that clarify language, fix typos and alphabetize the definitions. Mr. Hornig will fax over to the Board the list of changes for their review. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk