Loading...
HomeMy WebLinkAbout2010-07-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Petition Address: 3 Cart Path Lane, Map 2, Lot 1K The Chairman read a letter from Attorney John Farrington, representing Joseph C. Lerman, Trustee for the property, requesting the petition for a variance in accordance with the Zoning By Law section 135-35A, Table 2 Schedule of Dimensional Controls be withdrawn without prejudice. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to allow the petition to be withdrawn without prejudice. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. Minutes of July 8, 2010 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Petition Address: 363 Massachusetts Avenue, Map 13, Lot 356A Petitioner submitted the following with the application for hearing: nature and justification of request; photographs of the sign and proposed location. 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 the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Jacqueline Sullivan and Ed Barrett of Barrett and Sullivan, Attorney’s at Law, presented the petition. The applicant is requesting a special permit in accordance with section 135-78D to allow for more or larger signs than allowed. The applicant proposes to place a 32-in. tall by 43-in. wide plastic or wood sign on the exterior of the building. The sign would be located on the second floor adjacent to the window. The sign may be externally illuminated and would advertise the business. Because the sign would be of a type not accounted for elsewhere in the bylaw and not prohibited, a special permit has been sought to allow the sign. The hours of illuminated will be from dusk until 10:00 pm. The Chairman asked if they had met with the Design Advisory Committee. They had a date set to meet with them but there had been a mix up on the date of the meeting. They have not rescheduled. A Board member observed that there are other tenants that don’t have signs on the building itself. If tenants had a private door then they got a sign over their door, everyone else was just listed on the board. He has a concern that if they granted this sign then others would come to the Board requesting signs also. How many signs should be allowed on the building? Other Board members were concerned with the phone number on the sign; they did not feel it was necessary. Minutes of July 8, 2010 3 There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed. During deliberations there was a discussion of the size of the sign. On a motion by David G. Williams and seconded by Carolyn C. Wilson the Board voted 5-0 to grant the special permit in accordance with section 135-78D to allow for more or larger signs than allowed with the following conditions: 1.The telephone number shall be removed from the sign design submitted with the application. 2.The sign shall be non-illuminated. 3.Size shall not exceed 28 inches high by 42 inches wide. 4.This special permit is for this applicant/tenant only. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. BOA Meeting, July 8, 2010 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Petition Address: 142 Bedford Street, Map 64, Lot 53A Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan; plot plan; plans; photographs and letters of support from 136 Bedford Street, # 6 and # 8 Manning Street. 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 the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Mary and Stephen Erdman, owners of the property, presented the petition. The applicant is requesting a special permit from section 135-29A to allow modification of an existing nonconforming structure. The applicant proposes to convert the existing 8-ft. 3-in. by 16-ft. 2-in. nonconforming porch to year round habitable space to enable Mrs. Erdman’s ill mother can come to stay with them. The Board had no questions. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed. BOA Meeting, June 24, 2010 5 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to grant the special permit from section 135-29A to allow modification of a non conforming structure. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. BOA Meeting, June 24, 2010 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Petition Address: 14 Payson Street, Map 25, Lot 237A, 237B Petitioner submitted the following with the application for hearing: justification of request; Topographic Plan; Plot Plan; Elevations; Floor Plans and a petition of support signed by 5 abutters. 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. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner relative to the petition. Robert Phelan, presented the petition for the owner of the property, Joseph DeCarlo. The applicant is requesting a variance in accordance with section 135-35A, Schedule of Dimensional Controls to allow a front yard setback of 21.5 ft instead of the required 30 ft front yard setback.. The applicant proposes to construct a one-story 38.3-ft. by approximately 7-ft. farmer’s porch onto the front of the front of the non conforming structure. A Board member asked about traffic on the street. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed. The shape of the lot is the hardship for this variance. On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve a variance in accordance with section 135-35A, Schedule of Dimensional Controls to allow a front yard setback of 21.5 ft instead of the required 30 ft front yard setback at 14 Payson Street. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. BOA Meeting, June 24, 2010 7 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Petition Address: 11 Robbins Road, Map 22, Lot 270 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan and plot plan. A letter of support was received from abutters Jim and Beth Naigle and Tom and Andrea Martinez. 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, Historic Districts Commission Clerk. Comments were received from the Building Commissioner and the Zoning Administrator. The Chairman opened the hearing pm by reading the legal notice and described information received from the petitioner relative to the petition. Attorney John Farrington presented the petition for the owner of the property, Jonathan B. Lyons. The applicant is requesting a variance in accordance with section 135-67A to allow a driveway setback of 6 inches instead of the required 5 ft setback. Attorney Farrington presented the Board with a picture of the existing conditions lined with trees and a second picture showing the proposed change to the driveway. The applicant was not aware that Conservation had concerns with drainage concerns. A Board member concerned with trees being removed commented one way to get rid of storm water issues is to have trees. There was a discussion on the pitch and design of the driveway, impervious surfaces and drainage issues. The Board was also concerned with runoff to the neighbor’s property. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed. BOA Meeting, June 24, 2010 8 On a motion by Carolyn C. Wilson and seconded by Martha C. Wood, the Board voted 5-0 to approve a variance in accordance with section 135-67A to allow a driveway setback of 6 inches instead of the required 5 ft setback at 11 Robbins Road. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. BOA Meeting, June 24, 2010 9 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room, Lexington Town Hall July 8, 2010 Board Members Present: Chairman - Nyles N. Barnert, John J. McWeeney, David G. Williams, Carolyn C. Wilson and Martha C. Wood. Staff Present: David L. George, Zoning Administrator Property Address: 926 Massachusetts Avenue, Map 22, Lot 81 Petitioner submitted the following with the application for hearing: nature and justification of request; topographic plan, plot plan, floor plans and photographs... 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, Historic Districts Commission Clerk. Comments were received from the Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing reading the legal notice and described information received from the petitioner relative to the petition. Colin Smith of Colon Smith Architecture, Inc. presented the petition for the owner of the property, Pat Thomas. The applicant is seeking 2 variances: To allow a rear-yard setback of 0 ft. instead of the required 15-ft and to allow an increase of gross floor area of a nonconforming use. Mr. Smith explained the plans submitted with the application, the applicant seeks to remove the deck and construct a handicapped accessible addition to the rear of the structure. The structure is located in the Historic District. The applicant appeared before the HDC informally. Final action is pending. The HDC reports that it has no major issue with project. Justification for the variances was explained as the shape of the lot and the soil conditions in an area that flood with heavy rains. The lot is also in two different zones. The Chairman asked about a removal of a tree. Another Board asked if this home was a condominium. It is a separately owned duplex; there is no formal condo doc. There were no questions from the audience. BOA Meeting, June 24, 2010 10 No one spoke in favor or in opposition to the petition. The hearing was closed. On a motion by Carolyn C. Wilson and seconded by David G. Williams, the Board voted 5-0 to approve 2 variances in accordance with section 135-35C to allow rear yard setback of 0 ft instead of the required 15 ft rear yard setback and from section 135-28A to allow an increase in non-conforming floor area of 156 ft at 926 Massachusetts Avenue. Submitted by: Dianne L. Cornaro, Administrative Clerk from audio tape. There was no other Business.