HomeMy WebLinkAbout2014-07-24-ZBA-min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
July 24, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator
Address: 31A Wachusett Drive, Map 33, Lot 221
The petitioner submitted the following information with the applications: nature and
justification of request; plot plan; front landing plans and photographs.
Prior to the hearing, the petitions and supporting data were reviewed by the 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.
SPECIAL PERMIT
The petitioner is requesting in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (extension)
of a non conforming structure.
Paul Denning, owner of the property, presented the petition by explaining the proposed plan to
extend the width of the front landing.
Board members commented they felt it looked good and that it would be safer.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 7:40 pm.
On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 5-0
SPECIAL PERMIT
to grant a in accordance with the Zoning By-Law (Chapter 135 of the Code
of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (extension) of a non
conforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
July 24, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator
Address: 9 Plainfield Street, Map 30, Lot 69
The petitioner submitted the following information with the applications: nature and
justification of request and construction plans.
Prior to the hearing, the petitions and supporting data were reviewed by the 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 7:41 pm by reading the legal notices and
described information received from the petitioner.
SPECIAL PERMIT
The petitioner is requesting in accordance with the Zoning By-Law (Chapter
135 of the Code of Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (extension)
of a non conforming structure.
Peter Marino, owner of the property, presented the petition by explaining the proposed plan to
construct a 12 ft. x 12 ft. shed.
At the hearing the applicant presented the Board with a non certified plot plan
The Chairman commented that the applicant will need to make the wall of the shed fireproof if it
is closer than 5 feet to the lot line. The applicant said he is aware of this.
A Board member clarified the shed would be moved more to the right. He thought from the
picture that the shed was part of the garage.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The Chairwoman closed the hearing at 7:51 pm.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to
waive the certified plot plan requirement.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to
SPECIAL PERMIT
grant a in accordance with the Zoning By-Law (Chapter 135 of the Code of
Lexington) section 135-8.4.2 and 135-9.4.2 to allow modification (extension) of a non
conforming structure with the condition the applicant present a certificate that the structure has
fireproof walls or the applicant would be required to pull a building permit with plans.
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
July 24, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator
Address: 13 Bedford Street, Map 56, Lot 14
The petitioner submitted the following information with the applications: nature and
justification of request; site plan; elevations; floor plans; photographs; HC information
on house; findings of fact from the applicant and updated plans dated July 3, 2014.
Prior to the hearing, the petitions and supporting data were reviewed by the 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, the Conservation Administrator, the Historic Districts
Commission Clerk, the Planning Director and the Zoning Administrator.
The petitioner is requesting a SPECIAL PERMIT in accordance with 135-8.4.2 and 135-
9.4.2 of the Zoning Bylaw to allow modification o(extension) of a non conforming
structure.
Architect Colin Smith presented the petition for the new owner of the property, Matthew
A. Thenen, by explaining the second floor addition over the existing mudroom to the
right of the structure and to construct a new 2-story one car garage with habitable space
above the garage.
When the applicant had gone before the Histroic Districts Commission abutters had
attended the meeting and the feedback was positive.
The Chairwoman had commented that if the structure was less than 5 ft. from the lot
line they would need wall fireproofed certified. (They moved the structure so it was out
5 ft. from the lot line.)
1. Board members asked the following questions:
2. If the space over the garage is for an office why would they need a full bath?
(For convenience if it was used as a guest bedroom. They have no intention to
use it as an accessory apartment.)
3. If the applicant would be living in the house himself. (No, he likes to re-store
historic homes and resell them.)
4. How far of a distance between the structures? (38 ft., no changes from existing.)
5. How close is the structure from Conservation land? (Applicant met with Karen
Mullens from Conservation and there were no Conservation issues.)
6. How would people get into the garage? (Applicant spoke of the 12 ft. right of way
driveway deeded to 11 Bedford Street and the retaining wall that will be moved
with the permission of the owner.)
A Board member said he can appreciate what the applicant is doing but he had a
concern with the garage. (Applicant responded that he is trying to provide extra space.)
The Chairwoman asked why do they need a garage. (Applicant asnwered the general
buyer is looking for a garage.)
Another Board member had a concern with the parking of construction vehicles in such
a small area. (Not all the subs would be there at the same time.)
Jean Ritchie of 1445 Massachusetts Avenue is concerned with the 2 stories for the
garage. How will that affect the neighborhood in the way of bulkiness and shadows.
(The garage will be 1 ½ stories and it is smaller than the main house and similar or
smaller to the houses in the neighborhood.)
Brad Miller of 11 Bedford Street, the abutter who owns the driveway spoke in support of
the petition.
No one spoke in opposition to the petition.
The Chairwoman closed the hearing at 8:29 pm.
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 135-8.4.2 and 135-9.4.2 of
the Zoning Bylaw to allow modification (extension) of a non conforming structure with
the following conditions:
1. The space above the garage shall not be used as an accessory apartment.
2. An Engineer would study and verify that the buildings walls are fireproofed.
3. The final plans shall meet with Historic District Commission’s approval.
4. Applicant’s driveway access to home shall have written approval from the owner
at 11 Bedford Street.
5. The garage structure shall not have a full bath or a cooking facility.
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
July 24, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator
Address: 324 Marrett Road, Map 32, Lot 16
The petitioner submitted the following information with the applications: nature and justification
of request; Smart Pay Topper details; Sample of Manual and LED Mart Pay Pump toppers; Non
Certified site plan and a Blown-up area of Canopy and dispensers
Prior to the hearing, the petitions and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning
Administrator, the Planning Director, Economic Development; the Historic District Commission
Clerk, the Design Advisory Committee and the Zoning Administrator. Comments were received
from the Design Advisory Committee and the Zoning Administrator.
The Chairman opened the hearing at 8:36 pm by reading the legal notices and described
information received from the petitioner.
SPECIAL PERMIT in accordance with the Zoning By-Law
The petitioner is requesting a
(Chapter 135 of the Code of Lexington) section 135-5.2.4.1,135-5.2.10 and 135-9.4.2 to
allow for signs neither provided for or specfically prohibited by the sign provisions of the
Zoning Bylaw.
Carolyn Parker, representing Cumberlain Farms, presented the petition by showing an example
of the new pump covers and explaining the different layers of coating and lighting.
A Board member asked if the main sign at the end of the property a LED light. (Yes)
A discussion followed regarding the ByLaw provision for sign lights; they are within the
restrictions of illumination.
One of the Board members was concerned with the light flashing into the abutters windows and
felt the existing toppers were appropriate and functional; others questioned if the gas toppers
were required in massachusetts and what the height of the letters would be.
Zoning Administrator, David George, clarified a question he had from a letter from the
Commonwealth of Massachusetts regarding pump toppers.
DJ Modoono of 336 Marrett Road, a direct abutter, had gone to Chelmsford to see toppers
installed and thought they were horrendous. Spoke in opposition to the topper signs. (Ms.
Parker showed pictures and a video of the toppers in place.)
Colin Smith, former Chairman of the Design Advisory Committee, had a concern with the size
and the light pollution. (Ms. Parker had said the current DAC had sent an e-mail that they had
no issue with these toppers.)
Carolyn Parker responded to the comments from the Board and audience that she feels
Cumberland Farms have met the requirements for these signs.
No one spoke in favor to the petition.
The Chairwoman closed the hearing at 9:11 pm.
During deliberations Board members were mainly concerned and opposed to the flashing lights
on the toppers.
On a motion by Leo P. McSweeney and seconded by Edward D. McCarthy, the Board voted 2-
3, with Martha C. Wood, David G. Williams and Jeanne K. Krieger in opposition, to grant in
accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section
135-5.2.4.1,135-5.2.10 and 135-9.4.2 to allow for signs neither provided for or
specfically prohibited by the sign provisions of the Zoning Bylaw with the condition that
the LED price sign would have 2 layers of coating and the light setting shall be at 2.
This petition was denied.
Submitted by: Dianne Cornaro, Administrative Clerk
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
July 24, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: David George, Zoning Administrator
Address: 21 Muzzey Street, Map 49, Lot 66
Nature and
The petitioner submitted the following information with the applications:
Justification; Planting Plan; Conceptual plan of the land; Quitclaim Deed filed 4/18/2014
and a DVD of the submittal.
Prior to the hearing, the petitions and supporting data were reviewed by the 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,
Conservation Administrator, Health Director, Planning Director, Historic Districts Commission
Clerk, Historical Commission Clerk, Economical Director and the Zoning Administrator.
The Chairman opened the hearing at 9:13 by reading the legal notices and described
information received from the petitioner.
The petitioner is requesting the following relief:
1.) A VARIANCE from section 135-4.4 Table 2, Schedule of Dimensional Contols to
allow a 3 story structure instead of the maximum allowed 2 stories;
2.) A SPECIAL PERMIT from section 135-5.1.14 to allow 0 parking spaces instead of
the required net increase of 20 spaces;
3.) A SPECIAL PERMIT from section 135-5.1.14 to allow modifications to the loading
bay requirements; and
4.) A SPECIAL PERMIT from section 135-5.3.15 to allow modifications to the
landscape requirements.
Attorney John Farrington, presented the petition for Todd Cataldo, owner of the property.
Todd was also present at the hearing.
Attorney Farrington explained the relief needed for the applicant to demolish the two existing
structures on the property and replace them with a single commercial structure.
The applicant will be seeking final design approval from the Historic District Commission and is
meeting with the Selectmen to determine the parking. Because they will be going before the
th
Selctmen on July 28 , the applicant will be requesting to continue this hearing until August 14,
2014.
A Board member asked what is the height of the building at 19 Muzzey Street. (34.3 ft.)
Other questions from the Board were: How much green space would be around the building?
(6ft); When will the use be determined? (When they lease); Will the use be limited to medical
offices? (No, they used medical use for the parking requirements because that is the
BOA Meeting July 24, 2014 9
most intense parking usage.); Had the applicant considered underground parking? (Space
would be too tight.).
The Chairman commented that she presumes there will be discussion on handicapped parking
at the continued hearing.
Jeff Lyon, Manager of 19 Muzzey Street wanted to let the Board know he did not receive
notice of this hearing and was concerned with parking for the building. He has had vacant
space for 3 years that he has not been able to lease due to no parking.
Colin Smith of 410 Waltham Street was confused with the height of the building; the hardship
of not using a crawl space and then having a third floor. He also saw a problem with parking
with 3 floors of offices.
A discussion followed regarding the 30 ft. viewing of a triangle angle on a corner lot and the
number of stories acceptable by the Lexington Bylaws and what the description of a ½ story is.
The Chairman asked if there would be offices on the third floor. (There will be usable space
rd
on the 3 floor.)
On a motion by Edward D. McCarthy and seconded by Jeanne K. Krieger, the Board voted 5-0
to continue the hearing for 21 Muzzey Street until August 14, 2014.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting July 24, 2014 10
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
June 26, 2014
Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D.
McCarthy, Leo P. McSweeney and David G. Williams
Associate Member sitting as an Alternate: Carolyn C. Wilson
Administrative Staff: Dianne Cornaro, Clerk and David George, Zoning Administrator
Other Business:
1. 125 Spring Street: John Hart, Civil Engineer representing Shire Corporation along with
Gennady Mendlin and Peter Corbitt of Shire Corporation came before the Board to
request minor revisions they are proposing to the DSDUP be considered to be minor in
nature.
The proposed modification would consist of constructing a concrete pad and screen
fencing and the installation of three tanks for the storage of nitrogen and carbon
dioxide (both non-flammable, non-toxic gases) between the existing building and
Spring Street.
The Chairwoman asked if trucks deliver the gas and do they idle while they deliver?
Would they mind to a condition that they trucks do not idle and she also asked what the
life expectancy of the tanks is.
Board members had a concerns that the gases were flammable. (The applicants
assured him they are not.); Noise of the tanks; hours of operation; parking of delivery
trucks; why not have tanks covered in a storage type structure and safety issues
regarding break-ins.
Under the Zoning regulations Shire was not required to notify abutters regarding their
request for minor modifications but they did send letters out to abutters to let them
know they were coming before the Board.
No one in the audience had questions or spoke in favor or in opposition to the
revisions.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board
voted 5-0 that the revisions outlined in a letter dated July 9, 2014 and revised on July
17, 2014 to the DSDUP be considered minor changes with the condition that delivery
trucks shall do not idle during the filling of these tanks. These changes will not need to
go before the Board as a fully advertised hearing.
BOA Meeting July 24, 2014 11
2. 44-46 Parker Street: Sean Glynn and Matthew Sekula requested the Board to make a
determination that changes they are proposing to a project that was granted a special
permit on March 27, 2014 to be considered minor in nature and will not need to go
before the Board.
The changes are as follows: 1) Four windows to be added in the basement to allow for
building code requirements. 2) Remove a balcony from the front of the house on the
second floor and replace it with a simple roof as was planned for the rest of the front
porch. 3) Shorten the length of the opening between the back door of the breezeway
and the garage. 4) Eliminate 1 window on the back of the house on the first floor, left
side. 5) Modify the location of windows on the first floor on the right and rear of the
building and add a French door on the left side of the house replacing a window. And,
6) add a gas fireplace to the family room resulting in a termination cap toward the rear
of the house.
A Board member asked why some of the work has already been done? (Error and
miscommunication on their part.)
No one in the audience had questions or spoke in favor or in opposition to the
revisions.
On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board
voted 5-0 to approve changes to the exterior of the plans as minor in nature and will
not need to go before the Board as a fully advertised hearing.
3. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board
voted 5-0 to accept the minutes of June 26, 2014.
4. A Board member asked the Board to address the letter received from Judith Denis
regarding the Board’s decision on 927 Massachusetts Avenue. He felt Ms. Denis
should get a response from the Board. Chairwoman, Martha Wood said she would call
her.
Submitted by: Dianne Cornaro, Administrative Clerk