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HomeMy WebLinkAbout2006-10-26-ZBA-min Minutes of the Lexington Zoning Board of Appeals October 26, 2006 Present: Acting Chairman — Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney and Associate Daniel A. Lucas. Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 -11 Massachusetts Avenue The relief sought is for a Modification of an existing Variance to allow permission to park up to 35 vehicles on the premises on an overnight basis. The Chairman continued the hearing at 7:30 PM by asking the Board members if they had questions regarding the letter received from Attorney William Daley in response to the concerns to be addressed by the petitioner. The Board mentioned that there were no Conservation issues addressed in the letter. Attorney Daley said it is a given that they would address the Conservation's conditions. Also not addressed in the letter was any mention of looking for another site. Attorney Daley is in the process of drafting a letter to the Board of Selectmen asking if they could consider using the landfill site for parking the town's towed vehicles. It was asked what item two about leakage meant and it was explained that they will make sure that any sign of leakage will be drained before any vehicle is moved from an accident scene. At the previous meeting on October 12, 2006 it had been indicated that the petitioner had a contract with the Town of Lexington for towing services, there has been no contract for towing services for four years but the Town has continued to call Mal's for their towing. Attorney Daley said they would like to work with the town to find a place that is suitable to store the towed cars. Hearing was closed at 7:40 PM. Discussion: In discussing the letter the Board agree that the language needs to be tightened for Conservation approval for the wetlands and conservation land. If there are more than 35 vehicles there at any time there needs to be a violation issued. David George the Zoning Administrator will monitor and will receive a written report from Mal's every month. Decision: On a motion by Nyles Barnert and seconded by Maura Sheehan, with a vote of 4 -1 (John McWeeney opposing) the Board granted the Variance for one year under the conditions as listed in the minutes of October 12, 2006 with words strengthened for 35 vehicles. The conditions shall be as follows: 1. Loud speakers shall not be used outside the building. 2. Trucks shall not idle in the yard and radios within the trucks shall be turned off so as to reduce noise levels. 3. Lights shall not be used during the night to illuminate area where overnight vehicles are parked. 4. Petitioner shall create and submit to the Zoning Administrator a plan that presents an alternative site for storage of vehicles on an overnight basis within one year. 5. The conservation issues shall be addressed per the Order of Conditions issued by the Conservation Commission and other applicable requirements. 6. Petitioners shall submit to the Board a signed agreement that he has read and will abide by the conditions. 7. Petitioner shall have a system for reporting on the environmental impacts including mitigation strategies for where the wrecked vehicles will be kept and the leakage impact to the area. 8. Hours of operation for repair shall be between Sam and 6:00 pm. 9. Petitioner shall create and submit to Zoning Administrator a plan to reduce the number of trucks used in the fleet. 10. Petitioner shall create and present to the Conservation Administrator a plan to monitor and mitigate leakage of fluids from vehicles into the environment. 11. Petitioner shall create and submit to the Zoning Administrator a Parking Plan in accordance with the zoning by -law that shows the location of the 35 spaces granted to the petitioner for overnight parking. 12. Petitioner shall create and submit a vehicle reporting system that tracks the number of vehicles stored overnight to the Zoning Administrator. Such a vehicle reporting system shall be in an electronic format and shall include fields determined by the Zoning Administrator. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 314 Bedford Street The Chairman opened the hearing at 7:47 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is for a Special Permit to allow Omni Communications to install, operate and maintain a wireless communication facility. 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, Selectmen's Office and the Development Review Team. Comments were received from the Zoning Administrator regarding the length of the special permit. Attorney Craig Tateronis, representing Omnipoint Communications, presented the petition. They are requesting to install 3 antennas within a false chimney on the northwest corner of the building, 8 and 12 feet high. Maps of coverage areas were presented at the meeting. They reviewed the plans with the Design Advisory Committee and the Communication Advisory Committee. The CAC's recommendations were submitted with the application. The Board had questioned the noise level, coverage areas of Mobile One and other carriers, and still had concerns about who is calculating and keeping track of how many towers are being built. Abutter Janet Weyman of 296 Bedford Street asked about how tall the towers were going to be and why the need for towers so close to one another. Suzanne Steele of 300 Bedford Street asked how the towers will affect RCN cable service and had concern about the noise levels. No one spoke in favor of the petition. Janet Weyman of 296 Bedford Street and Suzanne Steele of 300 Bedford Street spoke in opposition. The hearing closed at 8:20 pm Decision: On a motion by Arthur Smith and seconded by Nyles Barnert, The Board voted 5 -0 to approve the Special Permit for a period of twenty -five years at 314 Bedford Street. This permit will expire November 30, 2031. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 6 East Street The Chairman opened the hearing at 8:21 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is for a Variance to allow a rear set back of 6.8 -feet instead of the required 15 -feet for the construction of a deck. 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. Planning commented that the plans appear to show a 6.8 -foot set back which is greater than what has been requested. Architect Eric Bednarek presented the petition for Deborah Joelson, owner of the property. They would like to add a 12 -foot by 12 -foot deck by the back doorway with two steps down on each side of the deck. They had considered adding a patio instead of the deck but decided against that because of mold and moss issues on the ground. The board asked for clarification on the size and design of the patio. There were no questions from the audience. A letter of support was received from Arlene Lopez of 12 East Street. No one spoke at the hearing in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:30 pm Discussion: The Board agreed that the shape of the lot was basis for a hardship. Decision: On a motion by Maura Sheehan and seconded by John McWeeney, the Board voted 5 -0 to grant a rear set back of 6.8 -feet instead of the required 15 -feet at 6 East Street. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 50 Parker Street The Chairman opened the hearing at 8:30 PM by reading the legal notice and described information received from the petitioner relative to the petition. The relief sought is for a Variance to allow a 1 -foot side setback instead of the required 10 -feet and a 1 -foot rear setback instead of the required 15 -feet to install a 6 -foot by 10- foot shed. Petitioner submitted the following with the application for hearing: nature and justification of the request, site plan, a topographic map, brochure showing architectural plans and elevations. 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. The Zoning Enforcement Officer asked if other sites on the lot were considered. Courtland Troutman, owner of the property, presented the petition. They are seeking a variance to erect a 6 -foot by 10 -foot shed at the back left corner of the lot. Since the property line is only 14.3 -feet from the house they would like to have a 1 -foot rear (instead of the required 15 -feet) and a one -foot side (instead of the required 10 -foot) setback. At the hearing three letters of support were presented from 41 Clarke Street, 39 Clarke Street and 48 Parker Street. Mr. Troutman also presented pictures showing the difficulties he has coming out of his bulkhead with stored items. The Board asked about other locations for the shed, the size of the shed and what the hardship is for this request. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:40 PM. Discussion: The Board discussed the hardship for the placement of the shed and agreed that due to the placement of the house on the lot, they would feel comfortable to approve the variance for a 6 by 10 shed as shown on the plan 2 -feet off the lot line. Decision: On a motion by John McWeeney and seconded by Arthur Smith, the Board voted 5 -0 to approve the placement of a 6 by 10 -foot shed 2 -feet off the lot line in the rear corner of the lot at 50 Parker Street. Submitted by Dianne Cornaro, Clerk. DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 321 Concord Avenue Petitioner submitted the following with the application for hearing: nature and justification of the request, site plan, letters of support from abutters, and architectural plans and elevations. 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. There were no comments. 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. Priscilla Turnquist, owner of the property, presented the petition. The relief sought is for a Variance to allow a front setback of 25.5 -feet instead of the required 30 -feet to construct a porch. Letters of support were received from 320 Concord Avenue, 314 Concord Avenue, 331 Concord Avenue and 324 Concord Avenue. The Board asked about the soil conditions in the area of the proposed porch. There were no questions from the audience. Louis Cannizzo of 331 Concord Avenue spoke in favor of the petition. No one spoke in opposition. Hearing was closed at 8:47 Discussion: The Board discussed the topography of the lot as the hardship for this request. Decision: On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to grant the variance to allow a front set back of 25.5 -feet instead of the required 30 -feet to construct a porch at 321 Concord Avenue. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 35 Tyler Road The relief sought is for a Variance to allow a structure of more than two and a half stories. Petitioner submitted the following with the application for hearing: nature and justification of the request, plot plan, a topographic map, architectural plans and elevations. 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. A memorandum was received from the Building Commissioner, Steve Frederickson with background information on the building of the new structure. A letter was received from the Zoning Administrator, David George, regarding a cease and desist violation. The Chairman opened the hearing at 8:47 PM by reading the legal notice and described information received from the petitioner relative to the petition. Additional information was received from the petitioner before the hearing; certified plot plan showing new structure with height of building, plot plan showing old structure and letters of support from neighbors. Lily Sharifnia, owner of the property, presented the petition. Ms. Sharifnia explained to the Board how the elevations were exposed stating the hardship being the topography of the land and the ledge on the lot. She and her husband are acting as their own general contractor. The Board questioned where the basement was, whether the basement size would be increased and discussed the problem of the cease and desist order, which was ignored. Roy Glasser of 32 Tyler Road and Gerry Green of 28 Winchester Drive had questions for the petitioner. Morin Fakharzadeh of 34 Tyler Road, Gerry Green of 28 Winchester Drive and Jim Frasier of 32 Winchester Drive spoke in favor of the petition. Roy Glasser of 32 Tyler Road wrote a letter prior to the hearing and spoke in opposition of the petition. Petitioner ended the hearing adding that they designed their addition respecting their neighbor's request to have no windows overlooking their house. Hearing was closed at 9:19 pm. Discussion: The Board discussed the topography of the lot as the reason for the problem and the hardship for the Variance. Decision: On a motion by John McWeeney and seconded by Nyles Barnert, the Board, by a vote of 5 -0, approved the variance to allow a structure of more than 2.5 stories at 35 Tyler Road. Submitted by Dianne Cornaro, Clerk DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Nyles N. Barnert, Maura L. Sheehan, John J. McWeeney Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 44 Hartwell Avenue The relief sought is for a Special Permit to install a 28- square foot freestanding non - illuminated sign. 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 Conservation Administrator and the Planning Department. The Chairman opened the hearing at 9:19 PM by reading the legal notice and described information received from the petitioner relative to the petition. Heather Dudko, representing MGI Pharma Biologics, presented the petition. They are replacing the existing sign with an updated non - illuminated version in a different location The Board discussed the over -grown plantings by the driveway and where the sign would be placed. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 9:25 pm. Decision: On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board, voted 5 -0, to approve a special permit to allow installation of a 28- square foot free standing non - illuminated sign at 44 Hartwell Avenue. Submitted by Dianne Cornaro, Clerk. DRAFT MINUTES of the Lexington Zoning Board of Appeals October 26, 2006 Present: Chairman — Judith J. Uhrig, Arthur C. Smith, Maura L. Sheehan, John J. McWeeney and Associate Commissioner Daniel Lucas for Nyles Barnert who recused himself from this hearing. Also present David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 2 Forbes Road and 5 Forbes Road Before the hearing was opened the Chairman asked if there was any opposition to hearing 2 and 5 Forbes Road together since the request is from the same company for the same reason. The Chairman opened the hearings at 9:25 PM by reading the legal notices and described information received from the petitioner relative to the petition. The relief sought is for a Special Permit to allow temporary parking for a maximum of four leased storage trailers and a maximum of two leased office trailers at 2 Forbes Road and to allow temporary parking for a maximum of two leased office trailers at 5 Forbes Road for up to twenty four months. 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 Conservation Administrator, Zoning Administrator and Planning Departments. Richard Vincent of BAE Systems presented the petition. Due to a large contract they received from the Department of Defense - Homeland Security they have a tremendous growth in their business and are trying to meet delivery demands by adding temporary leased trailers while they search for new space. The Board questioned what the leased trailers would be used for and where would they be located on the property. They also asked about security for the area and the length of time that they would be needed. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 9:35 pm Decision: On a motion by John McWeeney and seconded by Daniel Lucas, the Board voted to approve the Special Permit as requested with a vote of 5 -0 for a period of 24 months, January 1, 2007 through December 31, 2008. Submitted by Dianne Cornaro, Clerk Other Business: The Board held elections of officers for 2007.