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HomeMy WebLinkAbout2009-08-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1386 Massachusetts Avenue, Map 39, Lot 51A Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, the Historic Districts Commission Clerk., The Design Advisory Commission and the Communication Advisory Committee. Comments were received from the Design Advisory Committee, the Communications Advisory Committee, the Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 7:30 pm by reading the legal notices and described information received from the petitioner relative to the petition. Attorney Adam Braillard, representing MetroPCS Massachusetts, presented the petition. Also attending the hearing were: Francis Parisi: Rep. of Metro's Site Acquisition Dept., Bryan Eicens: Rep of Metro's RF Dept, Beau Birmingham: Rep of Metro's A/E Team The petitioner is seeking a special permit in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -88 (A) (1) (a), 135 -88 ( C) (2) (a) and 135 -91 (G) to install operate and maintain a wireless communication facility. The Board had no questions for the applicant. There were questions from 11 Percy Road, 1387 Massachusetts Avenue, 16 Percy Road, and 6 Percy Road. Their concerns were of radiation safety requirements, the height of the steeple, property values and whom they could go to at the FCC to get their concerns and questions about communication facilities answered. No one spoke in favor of the petition. A petition signed by 40 abutters in opposition to the application was presented at the hearing. Cameron Brady of 1404 Massachusetts Avenue, Daniel and Evelyn Silber of 11 Percy Road and Richard Foley of 6 Percy Road spoke in opposition of the petition. The hearing was closed at 8:04 pm. BOA Meeting, August 27, 2009 2 On a motion by Steven L. Colman and seconded by Arthur C. Smith, the Board voted 4- 1, with John J, McWeeney opposing the motion, to grant the special permit to install, operate and maintain a wireless facility at 1386 Massachusetts Avenue for a period of 15 years. This Special Permit will expire on August 27, 2024. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 36 Clelland Road, Map13, Lot 333 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:04 pm by reading the legal notices and described information received from the petitioner relative to the petition. Rasko Ojdrovic, owner of the property, presented the petition. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -38A to allow a front yard setback of 18 ft instead of the required 25 ft setback. The applicant explained to the Board the topography problems of the lot. The Board asked if the drainage system was going to be designed by a Registered Engineer. Mr. Ojdrovic confirmed that it would be. The Board also asked about the placement and the depth of the house. One of the Board members asked the Board for examples of previous variances granted for new dwellings. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:15 pm. On a motion by Carolyn C. Wilson and seconded by Steve L. Colman, the Board voted 5- 0 to approve the variance in accordance with the Zoning By -Law section 135 -38A to allow a front yard setback of 18 ft instead of the required 25 ft. subject to the plans submitted. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 3 Evergreen Lane, Map 20, Lot 12 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:15 pm by reading the legal notices and described information received from the petitioner relative to the petition. Denis Kefallinos, owner of the property, presented the petition. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35, Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 10 ft. instead of the required 30 ft front yard setback. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition of this petition. The hearing was closed at 8:20 pm. The Board discussed the existing condition of the house as the hardship for the variance. On a motion made by John J. McWeeney and seconded by Steven L. Colman, the Board voted 5 -0 to approve the variance from section 135 -35, table 2, schedule of the dimensional control, to allow a front yard setback of 10 ft instead of the required 30 ft front yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 63 Grant Street, Map 48, Lot 142 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:20 pm by reading the legal notices and described information received from the petitioner relative to the petition. Edward Lidman, owner of the property, presented the petition. He explained safety issues and the unusual lot shape as the hardship for the variance. The applicant seeks a variance in accordance with the Zoning By -Law section 135 -35A , Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 13 ft. instead of the required 30 ft front yard setback. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:23 pm. On a motion by John J. McWeeney and seconded by Steven L. Colman, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law section 135 -35A, Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 13 ft. instead of the required 30 ft front yard setback as requested at 63 Grant Street. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 99 Waltham Street, Map 49, Lot 28 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Conservation Administrator, the Health Director and the Zoning Administrator. The Chairman opened the hearing at 8:24 pm by reading the legal notices and described information received from the petitioner relative to the petition. Yun Chang, owner of the property, presented the petition The applicant seeks a variance in accordance with the Zoning By -Law section 135 -38 A (2) to allow a side yard setback of 4.5 ft. instead of the required 10 ft side yard setback. A Board member mentioned that there was nowhere in the application that stated that the paving was going to be taken out. The applicant presented the Board with a plot plan showing where the pavement would be taken out. The Board also asked if the house and the garage would be connected. The applicant said yes. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:30 pm. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney, the board voted 5 -0 to grant the variance in accordance with the Zoning By -Law section 135 -35A (2) to allow a side yard setback of 4.5 ft. instead of the required 10 ft rear yard setback with the condition that the asphalt be removed as shown in green on the plan submitted at the hearing. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 23 Carville Avenue, Map 14, Lot 36B Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. Before opening the hearing the petitioners, Russell Engler and Tracy Miller, asked to address the Board regarding withdrawing their application without prejudice. They are requesting the fee for resubmitting their application be waived due to an error in advertising their application. The Chairman informed them that they would need to write a letter to the Town Manager in order to receive a waiver. The applicant had also gone before the Conservation Commission and had not received Conservation Commission approval due to the possibility of the applicant changing the design of their project. There were additional issues with the design of the project and the amount of relief they were seeking for the variance. On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the board voted 5 -0 to allow the applicant to withdraw their application without prejudice. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 10 Winston Road, Map 25, Lot 230 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and the Zoning Administrator. Four letters of support were received from 8, 9, and 12 Winston Road and 27 Grassland Street. The Chairman opened the hearing at 8:45 pm by reading the legal notices and described information received from the petitioner relative to the petition. Owners of the property, Bruce and Carol Baron, presented the petition. The applicant is seeking a variance in accordance with the Zoning By -Law section 135- 35 A, Table 2, Schedule of the Dimensional Controls to allow a front yard setback of 25 ft instead of the 30 ft required. The applicant spoke of the topography of the front of the house as the hardship for the variance. The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:48 pm. On a motion by John J. McWeeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the variance in accordance with the Zoning By -Law section 135 -35 (A) Table 2, Schedule of Dimensional Constrols to allow a front yard setback of 25 ft instead of the 30 ft front yard setback required. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 1628 Massachusetts Avenue, Map 48, Lot 21 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator, and the Historic Districts Commission Clerk. Comments were received from the Historic District Commission Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:48 pm by reading the legal notices and described information received from the petitioner relative to the petition. Michelle Ryan, owner of the business "Cake ", presented the petition. The applicant seeks a special permit in accordance with the Zoning By -Law section 135 - 77A (2) to allow a projecting wood sign. Photoshop pictures of the proposed wood sign were presented to the Board. A Board member asked if the applicant had been before the DAC and the HDC. She was in the process of going before the HDC and they have jurisdiction over the DAC since the property is in the Historic District. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:53 pm. On a motion by Carolyn C. Wilson and seconded by Steven L. Colman, the board voted 5 -0 to grant the special permit in accordance with the Zoning By -Law section 135 -35 (A) (2) to allow a projecting wood sign subject to the Historic District Commission's aapproval. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 27, 2009 Board Members Present: Chairman Nyles N. Barnert, John J. McWeeney, Arthur C. Smith, Carolyn C. Wilson and Associate Member Steven L. Colman. Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator Petition Address: 172 Massachusetts Avenue, Map 13, Lot 99 Prior to the hearing, the petition and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of Selectmen, the Zoning Administrator, the Planning Administrator and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:53 pm by reading the legal notices and described information received from the petitioner relative to the petition. Tom Connolly, owner of the property, presented the petition. The applicant is seeking a special permit in accordance with the Zoning By -law (Chapter 135 of the Code of Lexington) section 135 -32C to replace an existing non - conforming porch within the same footprint and dimension as the existing porch. The Board had no questions. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:55 pm. On a motion by John J. McWeeney and seconded by Steven L. Colman, the Board voted 5 -0 to grant a special permit in accordance with the Zoning By -law (Chapter 135 of the Code of Lexington) section 135 -32C to replace an existing non conforming porch within the same foot print and dimensions as the existing porch. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting, August 27, 2009 11 Other Business: On a motion by Carolyn C. Wilson and seconded by Arthur C. Smith, the Board voted 5- 0 to approve the July 23, 2009 minutes. On a motion by Carolyn C. Wilson and seconded by Steven L. Colman, with a roll call of the following Board members present: Carolyn C. Wilson, John J. McWeeney, Nyles N. Barnert, Arthur C. Smith and Associate Member Steven L. Colman, the Board went into executive session at 9:15 pm not to return to the general meeting.