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HomeMy WebLinkAbout2014-06-26-ZBA-min 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 Members: Ralph D. Clifford and Carolyn C. Wilson 0Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 55 Forest Street, Map 49, Lot 149 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; floor plans; shed plans and letters of supports from abutters at 16 Forest Street, 58 Forest Street, 56 Forest Street and 52 Forest Street. Before the hearing an e-mail in opposition of the project was from Emmy Suhl of 57 Forest Street. 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, the Historic District Commission Clerk, Zoning Administrator and the Communication Advisory Committee. Comments were received from the Building Commissioner, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 7:38 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 of a non conforming structure. Henry Liu, owner of the property, presented the petition by explaining the project to the Board. Mr. Liu also is requesting a waiver from the certificed plot plan requirements. In answering a question from David George Mr. Liu is willing to change the requested setback from 3 ft. to 5 ft. A Board member confirmed that Mr. Liu is willing to change the setbacks. (He is.) Kevin Colburn of 49 Forest Street asked if Mr. Liu was planning to put the border plants that were removed back? (yes, waiting for landscape company to install them.) Emmy Friendlander of 57 Forest Street asked for clairification on his plans for the kitchen renovations and voiced her opposition to the project. (Not doing the 7 to 8 ft. expansion immediately, need to go before HDC for approval of the plans and get funding.) Linda Lombardi of 53 Forest Street spoke in support of the petition. On the advice of the Zoning Administrator, Mr. Liu marked up a site plan showing 5 ft setbacks instead of the 3 ft. setbacks. BOA Meeting June 26, 2014 2 The Chairwoman closed the hearing at 7:53 pm. On a motion by Leo P. McSweeney and second by Jeanne K. Krieger, the Board voted 5-0 to waive the certified plot plan requirements. On a motion by Leo P. McSweeney and second 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 of a non conforming structure as per plan marked up at hearing with a 5 ft. side and rear setback. (Attachment A) Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 26, 2014 3 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 38 Fletcher Street, Map 48, Lot 186 The petitioner submitted the following information with the applications: nature and justification of request; plot plan; elevations; floor plans and 2 letters of support from abutters at 42 and 43 Fletcher Avenue. 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 Historical Commission Clerk and the Zoning Administrator Comments were received from the Building Commissioner, the Conservation Administrator; the Health Director, Historical Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:00 pm by reading the legal notices and described information received from the petitioner. Art Swartz, the Architect for the project was also present to answer any questions they Board may have had. in accordance with 135-8.4.2 and 135-9.4.2 The petitioner is requesting a SPECIAL PERMIT of the Zoning Bylaw to allow modification of a non conforming structure Chi-Hse Teng, owner of the property, presented the petition by explaining the proposed family room, master bedroom and 2-bath addition to the rear of the structure. A Board member asked if Mr. Teng had been before the Historical Commission. (He did not need to go before them, he is not modifying the roof line.) Another Board member asked if the dimensions were different on the new plan submitted. (The setback on the new plan is 6-inches less than on the original plan submitted.) A Board member asked if the retaining all be affected (No)and would a tree behind the garage would be staying (yes). There were no questions from the audience. Mike Stringer of 43 Fletcher Street spoke in support of the project. The Chairwoman closed the hearing at 8:10 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the SPECIAL PERMIT in accordance with 135-8.4.2 and 135-9.4.2 of the Zoning Bylaw to allow modification of a non conforming structure BOA Meeting June 26, 2014 4 Submitted by: Dianne Cornaro, Administrative Clerk 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 34 Woburn Street, Map 48, Lot 231 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 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 8:12 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 (reconstruction) of a non conforming structure. Attorney John Farrington, presented the petition for the potential buyers of the property, Tom and Ursella Berendsen by explaining the proposed reconstruction of a new single family dwelling. Paul Sramohicz and Brian Sparrow, the Contractors for the project were also present to answer questions. A Board member asked if the tree in the front of the property would remain. (The Ms. Berendsen said the initial thought is to remove the tree.) Another Board member asked if they had considered shifting the house 5 ft from the side so they would not need any relief. (They could move it to the left some.) A Board member asked for clairification of the Tree By-Law; if they removed tree would they need to replace it. (That would be a decision of the Tree Warden, they would need to meet with him to discuss the tree.) Carrig of 16 Vine Street asked if the hydrant would remain in the same place. James (Yes) Jed Barash of 19 Vine Street is concerned with his new landscaping not surviving in the shade of the addition. He was also concerned how they would handle the narrow street during construction, especially for emergency vehicles. BOA Meeting June 26, 2014 5 A discussion followed regarding the parking of construction vehicles; keeping the narrow streets open for emergency vehicles; protecting the abutter’s property; the impact moving the house would have and replacing the tree if it needed to be replaced. Ursula Berendsen explained they would like to put install a low stone wall in the area of the tree. After the discussion Attorney Farrington requested a continuation until July 10, 2014 to submit a landscape plan, a plot plan and new plans for the structure. On a motion by Jeanne and seconded by Edward D. McCarthy, the Board voted 5-0 continue SPECIAL PERMIT the hearing until Thursday, July 10, 2014 at 7:30 pm for 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 (reconstruction) of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 26, 2014 6 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 34 Wood Street, Map 59, Lot 30 The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; elevations and floor 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 8:46 pm by reading the legal notices and described information received from the petitioner. The petitioner is requesting a Special Permit in accordance with 135-9.4.1 of the Zoning Bylaw to allow modification (reconstruction) of a non conforming structure Peter Chaimpa, owner of the property, presented the petition by explaining the proposed new 0 energy structure on a 20 x 30 foundation. A Board member asked who was the architect. (Paul Lukey of Somerville) Another Board member asked if there would be any heating installed in the house. (yes) There were no questions from the audience. Bob Earsy of 37 Grant Street spoke in favor of the petition and had submitted a letter in support. The Chairwoman closed the hearing at 9:01 pm. On a motion by Jeanne K. Krieger and seconded by Edward D. McCarthy, the Board voted 5-0 grant a Special Permit in accordance with 135-9.4.1 of the Zoning Bylaw to allow modification (reconstruction) of a non conforming structure Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 26, 2014 7 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 16 Kimball Road, Map 65, Lot 37 The petitioner submitted the following information with the applications: nature and justification of request; topographic plan; plot plan; elevations; floor plans and 3 letters of support from abutters at 12 Kimball Road, 15 Kimball Road and 4 Hickory Road 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 and the Zoning Administrator. The Chairman opened the hearing at 9:02 pm by reading the legal notices and described information received from the petitioner. SPECIAL PERMIT The petitioner is requesting 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 (reconstruction) of a non conforming structure. Zoltan Juhash of Unicar Consulting presented the petition for the owners of the property Jonathan and Amy Lonczak by explaining the proposed new structure. The Chairwoman asked if the height of the retaining wall would be more than 4 ft. (No)and what was the square footage of the new structure (approximately 2400 sq. ft.) Jason Yang of 15 Kimball Road asked for clarification as to what were the required setbacks and how are the setbacks measured. Alice Yang of 15 Kimball Road wanted to know what the impact of the size of the new structure would be to her property. The owners of the property, Jon and Amy Lonczak spoke of the slope to the backyard and the reasons for the placement of the structure. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:20 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, 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 (reconstruction) of a non conforming structure. BOA Meeting June 26, 2014 8 Submitted by: Dianne Cornaro, Administrative Clerk 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 Board Members Present: Chairman – Martha C. Wood, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney and David G. Williams Associate Members: Ralph D. Clifford and Carolyn C. Wilson Address: 40 Hancock Street, Map 56, Lot 39C The petitioner submitted the following information with the applications: nature and justification of request; plot plan and floor 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 Building Commissioner; the Historic Districts Commission; Historical Commission and the Zoning Administrator. The Chairman opened the hearing at 9:22 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 135-6.7.8 to allow construction of an accessary apartment in an existing accessory structure. Architect Sally Gann presented the petition for the owner of the property Jane and Stephen Williamson by explaining the proposed project; converting the accesssory structure – barn into a 1,882 sq. ft. accessory apartment. She presented the Board with new plans. Seeking to convert the existing barn to a 1 story apartment on the first floor and a garage with a second floor family bonus room. The apartment will have it’s own means of egress and is not accessed by the garage. A Board member asked for clarification of what the applicant was asking for and what was the square footage of the apartment. The Architect’s Staff was confused when they met with the Zoning Administrator and thought entire structure (1,882 sq. ft.) was part of the application. The apartment is separate from the garage with 615 sq. ft. The garage will be 905 sq. ft. and the second floor bonus room will be around 1100 sq. ft. with access from the garage only. They did not need to come before the Board for a Variance for square footage for over the 1,000 sq. ft maximum allowed. They need only the special permit for an accessory apartment in an accessory structure. On a motion by Jeanne K. Kriger and seconded by Leo P. McSweeney the Board voted 5-0 to withdrawn the request for a variance to allow a 1,882 sq. ft. accessory apartment. BOA Meeting June 26, 2014 9 A Board member asked what would be the second egress. (A discussion followed as to where the egress would be.) Fred Lonardo, the Lexington Building Commisisoner spoke to say the second means of egress needs to be a door and they would addressed this with the Building permit application process. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The Chairwoman closed the hearing at 9:36 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 SPECIAL PERMIT to grant in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-6.7.8 to allow construction of an accessary apartment in an existing accessory structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 26, 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Address: 509 Woburn Street, Map 53, Lot 2 The petitioner submitted the following information with the applications: nature and justification arrative; developmental plans; storm of request; topographic plan; plot plan; site utility plan; n water management report by Meridian Associates; document calling out changes between the Preliminary Site Development and Use Plan and the Definitive Site and Use Plan, copy of the Definitive Site and Use Plan and a ZBA decision from August 11, 1986 with attachments. 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, Planning Director, Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 9:36 pm by reading the legal notices and described information received from the petitioner. Special Permit with Site Plan Review The petitioner is requesting a (the “SPS”) for certain new uses, and other site improvements, pursuant to sections 135-12, 13, and 14C and the Amended Preliminary Site Development and Use Plan (the “Amended PSDUP”) approved for the site by an act of Town Meeting commencing March 22, 2010; and (b) approval of the Definitive Site Development and Use Plan as consistent with the Amended PSDUP, pursuant to sections 135-42C and section 135-42F. Brian Kelly, owner of the property presented the petition. With Mr. Kelly was Attorney Alan Wrigley, Engineers, Rick Weight and Mike Novac and Landscape Architect Gary Larson. Mr. Kelly is seeking to expand an existing multifamily development, allowed under the Planned Development provisions of the Zoning Bylaw. The proposed expansion for the Manor House will include 51 additional condominium units; 2 1-bedroom units and 49 2-bedroom units, 6 will be affordable units, a community space and exercise room. There will be 107 additional parking spaces designated to the Manor including 80 internal covered garage parking. This development was rezoned and approved at the Town of Lexington Town meeting in 2010. A Board member asked Mr. Kelly to explain the need for additional parking spaces. (They realized that in today’s day and age 1.5 required parking spaces is not adequate for today’s needs and have planned for more spaces than are required.) BOA Meeting June 26, 2014 11 The Chairman asked if there will there be assigned parking and how do you determine who will get additional parking. (Yes, every unit will have assigned. Not sure what method they will use for additional parking, has not been determined yet.) The applicant responded to the Board they are required to provide a certain number of parking and cannot charge for spaces that are required by the bylaw. A Board member commented on the Tree and Countryside Park Trust Funds. He would like to see the Countryside Park trust fund separate and under the jurisdiction of the Trustees. (They would be very amendable to that. There is also a transportation trust that is separate as well.) Another Board member asked if the garage was completely closed in. (Yes) The Chairwoman asked if she could drive in one door and out another. (No) One of the alternate members of the Board commented the change in the gross floor area on Exhibit A of the Manor House is 21%; he does not consider that to be a minor change. The applicant answered that this increase is with the garage, maintenance space and parking. The net floor area is 5.5%. A Board member asked if in the future is there is going to be additional parking spaces added to the 107 spaces and also asked how many spaces per unit are at Locke Village? (No more spaces to be added at this time and Mr. Kelly was not sure how many spaces were at Locke Village.) One of the Board members said he had no problem with the increase. A Board member asked the applicant to explain the model recommended motions that were drafted by the Planning Department and had been marked up by the applicant. A discussion followed regarding the conditions. (Copy attached to this document.) Rhonda Cohen of 20 Peachtree Road had quite a few questions regarding: 1) How many children are projected? In the original development 25 years ago with 51 apartments 7 children were projected, there are now 40 children. In 2010 the applicant said 9, new projections are at 11.5. 2) Will they get approval from the State for the Street cuts. 25 years ago the State did not aprove the sidewalks. Their next step is to get State approval, don’t know what will happen. 3) Who takes care of the 6 affordable units. This is regulated by a state program which is a lottery for ownership and will have deed restrictions and carried through to owners. Mr. Kelly has no control of these units. 4) Fire Department cannot make it around the building. They have adequate ability to get around the building. Starla Colosino of 24 Peachtree Road was concerned with how many families would be anticipated in the 2 acre lot. (It looks like 20 families in a 2 acre lot.) Also asked for clairification of the height of the building and the tree screening. Connie Nivala of 500 Lexington Street in Woburn was concerned with 1) The lighting and how will it be placed. (The applicant has a lighting plan on file and show no washover of lighting into abutters property.)2) What are the work hours.(They would stay within the existing law.) Would like the Board to consider conditioning work time to be 5 days a week with shorter work hours than 7 to 7. BOA Meeting June 26, 2014 12 Rhonda Cohen asked what prevents the applicant from making the 51 apartments into condominiums in the future.(It is written into the re-zoning, it would take having to go back to Town meeting to change.) Donna Cheryl of 500 Lexington Street, Unit 1, Woburn, she is the abutter closest to driveway and would like to ask for a landscape buffer since the lights from the driveway will go directly into her bedroom. (Gary Larson the Landscape Architect spoke of the lighting and landscaping that is proposed for the area.) Ms. Cheryl also would like to see the hours of construction be 7 to 3:30, 5 days a week. A Board member commented as a point of clarification is that this is not proposing, this has already been aproved by Town Meeting. Another Board member commented that the Noise By-Law says that construction can begin at 8:00 am on Saturday. Joe Colosino of 24 Peachtree Road spoke in opposition to the project. Starla Colosino of 24 Peachtree Road would like to see a downsizing of this development. The Chairwoman advised Ms. Colosino that the number of units was approved by Town Meeting in 2010. Sylvester Modoonoo of 378 Woburn Street spoke in support of the project. The Chairwoman closed the hearing at 10:38 pm. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 Special Permit with Site Plan Review to approve the (the “SPS”) for certain new uses, and other site improvements, pursuant to sections 135-12, 13, and 14C and the Amended Preliminary Site Development and Use Plan (the “Amended PSDUP”) approved for the site by an act of Town Meeting commencing March 22, 2010; and (b) approval of the Definitive Site Development and Use Plan as consistent with the Amended PSDUP, pursuant to sections 135-42C and section 135-42F with the following conditions: (Conditions will be added once decision is finalized.) Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting June 26, 2014 13 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 Members: Ralph D. Clifford and Carolyn C. Wilson Administrative Staff: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Building Commissioner, Frederick Lonardo Other Business: 1. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to accept the minutes of June 12, 2014. Submitted by: Dianne Cornaro, Administrative Clerk