HomeMy WebLinkAbout2006-12-14-ZBA-min Approved Minutes Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address 21 Summit Road
The relief sought is for a Variance from Section 135 -35, Table 2 Dimensional Controls to allow
a front setback of 15- feet instead of the required 20 -feet to build an addition.
The Chairman opened the hearing at 7:45 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning
Administrator, Selectmen's Office and Planning Board. There were no comments from any
department or commission.
John Paulson, Engineer for the project presented the petition for the owner of the property,
Patricia Dooley.
Mr. Paulson explained the history of the house, the unusual lot shape and the reason why the
addition needs to go where they have it proposed. The plan calls for them to remove the
concrete section of the driveway and pad. This addition will improve the impervious area on the
site.
The board had no questions for the applicant.
There were no questions from the audience.
Wendall Kalsow of 25 Summit Road spoke in favor of the petition.
No one spoke in opposition.
The hearing was closed at 7:50 PM.
Discussion:
The Board justified the shape of the lot as the hardship.
December 14, 2006 Minutes 2
On a motion by John McWeeney and seconded by Nyles Barnert the board voted 5 -0 to grant the
Variance to allow a front setback of 15 -feet instead of the required 20 -feet to construct an
addition.
Submitted by: Dianne Cornaro
December 14, 2006 Minutes 3
Approved Minutes of the Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 181 -201 Spring Street
The Chairman opened the hearing by reading a letter received from the applicant requesting the
petition to be withdrawn without prejudice.
On a motion by Nyles Barnert and seconded by John McWeeney, the board voted 5 -0 to accept
the withdrawal without prejudice.
Submitted by: Dianne Cornaro
December 14, 2006 Minutes 4
Approved Minutes of the Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig and Martha Wood sitting for Maura L. Sheehan who recused herself from this
hearing.
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 182 Bedford Street
The Chairman opened the hearing at 7:55 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
The relief sought is to renew a special permit in accordance with 6.3.1 of the Code of Lexington
to operate a gourmet take out service and for a Modification of a Special Permit to allow a 10-
foot counter with 3- stools on the premises.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Zoning
Administrator, Planning Board and Development Review Team. Comments were received from
the Selectmen's Office, the Planning Department and the Zoning Administrator.
Yves Charles, owner of LaRiviera, presented the petition. He requested to renew the special
permit granted in 2002 for five years and to modify the special permit to include a counter and 3-
stools that he had constructed and had been approved by the Board of Appeals in November of
2006.
The Board asked if he had an opportunity to test the stools yet and he answered that they have
worked well.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 7:59 PM.
On a motion by Nyles Barnert and seconded by John McWeeney the Board voted 5 -0 to extend
the Special Permit for a period of 5 -years with the same conditions as original special permit
(listed below) and with the modification to allow a 10 -foot counter with three stools on the
premises.
December 14, 2006 Minutes 5
Conditions are as follows:
1. Permitted hours of operation are 7:OOAM to 7:OOPM, seven days a week.
2. No more than four employees will be on the premises at one time.
3. No disagreeable odors will be allowed to emit from the building.
4. There will be frequent disposal of trash from a locked dumpster, in accordance
with the Town's specifications and regulations.
5. This special permit renewal is granted for five years and will expire on January
25, 2012.
Submitted by: Dianne Cornaro
December 14, 2006 Minutes 6
Approved Minutes of the Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney,
Judith J. Uhrig and Associate Commissioner Martha C. Wood
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 27 Muzzey Street
The Chairman opened the hearing at 8:00 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from Planning and Zoning Administrator.
The relief sought is to amend a 1986 special permit in accordance with 135 -16H and 135 -28C to
allow the use as a corporate office instead of a dental office and labs.
Roberto L. DiMarco, Attorney for Peter Feinmann, presented the petition explaining the business
to the Board. They feel that this is a business that the neighborhood will enjoy since it's business
is the Beautification of properties. It is important for the building that they are in to look
pleasing. Attorney DiMarco explained that most of the client appointments are held in their own
homes, the only traffic would be from employees arriving in the morning and leaving after work.
They held a neighborhood meeting and only one family came. Attorney DiMarco said they have
addressed all previous concerns from the neighbors.
Attorney DiMarco also felt the gravel lot has been in use since the deed was filed and recorded in
1992 and now should be a combined use. David George, the Zoning Administrator will look into
the state statute for parking.
The Board asked for a clarification on the use and the planned landscaping. The Board also
discussed parking and wanted to know what the parking plan was for the entire building.
Brian Wilson of 28 Muzzey Street commented that the owners have been fine neighbors and
feels it can only get better with the new owner. This business is not an issue with the neighbors.
Marilyn Alwan of 4 Raymond Street also felt this business would be an improvement.
Ryan Albertson from Attorney Pam Brown's office read a letter from Attorney Brown who is
representing the current owners of the property asking for support to this amendment.
December 14, 2006 Minutes 7
Gloria Holland of 1475 Massachusetts Avenue, Apartment 358, also spoke in favor of the
application.
One of the Board members discussed the need to see a parking and landscape plan; feeling she
could not give a positive vote without seeing a much more detailed plan.
After discussion the petitioner and the Board agreed that the hearing would be continued to give
the applicant time to present a detailed parking plan for the applicant's business and for the
dental office and to gather copies of the parking leases that are used for 27 Muzzey Street.
By a unanimous vote, the hearing was continued until January 25, 2007 at 7:45 pm.
Submitted by: Dianne Cornaro, Clerk
December 14, 2006 Minutes 8
Approved Minutes of the Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: 1965 Massachusetts Avenue
The Chairman opened the hearing at 8:40 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Zoning Administrator and the Historic District Commission.
The relief sought is for two VARIANCES in accordance with sections 135 -19 D(1) and 135 -19
B (3) and a SPECIAL PERMIT in accordance to section 135 -16, Table 1 Line 1.22 B of the
Code of the Town of Lexington to create an accessory apartment with relief for the 15,500
square foot minium lot area to 6,650 square feet and relief from the off street parking
requirement of 3 spaces.
Fred Conroy, Attorney for Natalie B. King, presented to the Board the history and the facts of the
property along with a petition signed by 5 abutters in support of the petition. Natalie King was
present along with her parents, Joe and Cindy Contarino.
The Board asked how recently the lots had been combined and about the easement for the
driveway and parking. The petitioner was willing to submit documents to the Board for the
easement and right of way for the driveway. (They submitted a copy of the deed to the Board
after the meeting.)
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing closed at 8:58
December 14, 2006 Minutes 9
Three motions were taken:
On a motion by Nyles and seconded by John McWeeney, the Board voted 5 -0 to grant a variance
for a minimum lot of 6,650 square feet which is less than the required dimension of 15,500
square feet of land.
On a motion by Maura Sheehan and seconded by Nyles Barnert, the Board voted unanimously to
grant the variance to allow parking on a separate lot subject to the confirmation of the easement
by the front property.
On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to grant
the special permit for an accessory apartment at 1165 Massachusetts Avenue.
Submitted by: Dianne Cornaro
December 14, 2006 Minutes 10
Approved Minutes of the Lexington Zoning Board of Appeals December 14, 2006
Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan,
John J. McWeeney and Judith J. Uhrig
Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk.
Petition Address: Taft Avenue, Lots 96 and 97
The Chairman opened the hearing at 8:59 PM by reading the legal notice and described
information received from the petitioner relative to the petition.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Health Director, Board of
Selectmen, Zoning Administrator, Planning Board and the Historic District Commission.
Comments were received from the Planning Department and the Zoning Administrator.
The relief sought is for an appeal of a decision of the Zoning Administrator in a letter of
September 29, 2006 in accordance with 135 -10A of the Code of the Town of Lexington to
determine lots 96 -97 constitute a grandfathered, buildable lot.
Attorney Edmund Grant presented the petition for the owner of the property, Lisa Harrington.
Attorney Grant gave the history of the ownership of the 97 -year old home and the purchases of
the additional lots. Ms. Harrington purchased the home in 2002 with the understanding that lot
A was separate and build able. The applicant stated that she regularly parked her car on the lot.
The Board asked about the plans for the small lot at the end of the property, were the taxes billed
separately and did the assessors access the property as a build able lot. (Lots A and B were
billed together.)
There were no questions from the audience.
No one spoke in favor or in opposition to this application.
The hearing closed at 9:25
Discussion:
The Board discussed the combination of the lots and all but one ( Maura Sheehan) felt there was
no hard evidence that the lots were ever considered to be separate by the town.
December 14, 2006 Minutes 11
Decision:
On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 1 -4, with
Maura Sheehan in favor, to overturn the decision of the Zoning Administrator with the condition
that Lot A be combined with lot 98. The Zoning Administrator's decision was upheld.
Submitted by: Dianne Cornaro