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HomeMy WebLinkAbout2007-08-09-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 9, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judy J. Uhrig and Associates John Gilbert and David Williams Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1720 Massachusetts Avenue The relief sought is for a SPECIAL PERMIT in accordance with section 135 -78 of the Code of the Town of Lexington to allow 2 temporary signs to be installed to temporary construction fencing. The Chairman opened the hearing at 7:40 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. Architect Erik Rhodin presented the petition for the owners of Lexington Commons, 1720 Massachusetts Avenue, LLC. Gwen Rhodin, Oak Tree Development Partner was also present. The Board asked how long the signs were expected to be up and confirmed that there were other safety signs that were going to be placed at the construction site. The project time is estimated to be about 16 months and other safety signs had previously been approved and would be in place. They expect the building will be totally down within four weeks. The petitioner has received approval for the signs from the Historic District Commission. No one spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 7:50 PM. On a motion by Nyles Barnert and seconded by John Gilbert, with a vote of 5 -0, the Board approved the Special Permit to allow 2 temporary signs (as per plans submitted) to be installed to temporary construction fencing at 1720 Massachusetts Avenue and 50 Waltham Street until December 31, 2008. August 9, 2007 Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 9, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judy J. Uhrig and Associates John Gilbert and David Williams Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 21 Fletcher Avenue The relief sought for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Control of the Code of the Town of Lexington to allow a rear yard set -back of 10 -feet instead of the rquired 15 -feet and a side yard set back of 5 -feet instead of the required 12 -feet to construct a shed at 21 Fletcher Avenue. The Chairman opened the hearing at 7:40 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. Letters of support were received from 71 Elizabeth Road, 16, 17, 20 23 and 25 Fletcher Avenue. William Erickson, Architect for the project, presented the petition for the owners, Scott and Lisa Gilbert. The petitioner explained they would like to take down the existing non - conforming shed and replace it with a larger shed in another location that would reduce the degree of non- conformity. Board members asked why the need for the variance, what was the hardship. The applicant explained because of where the house is located on the long, narrow and rectangular lot they needed to move the shed to the other corner. The Chairman explained to the petitioner that no large structure should be too close to a neighbors lot line. The Board had a problem with the large shed. There were no questions from the audience. August 9, 2007 Minutes 3 No one spoke in favor or in opposition of the petition. The hearing was closed at 8:03 PM. During the discussion the Board could not justify the hardship to grant this Variance. On a motion by Nyles Barnert and seconded by Judy Uhrig to approve the Variance, the Board voted 0 -5. The variance to allow a rear yard set -back of 10 -feet instead of the rquired 15 -feet and a side yard set back of 5 -feet instead of the required 12 -feet to construct a shed at 21 Fletcher Avenue was DENIED. Submitted by Dianne Cornaro, Clerk. August 9, 2007 Minutes 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 9, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judy J. Uhrig and Associates John Gilbert and David Williams Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk Petition Address: 8 Cider Mill Lane The relief sought is for a VARIANCE in accordance with section 135 -46B of the Code of the Town of Lexington to allow construction of a half bath to the cellar. The Chairman opened the hearing at 8:04 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 Administrator and the Zoning Administrator. Jen Yu representing the owner, Haide Wen, presented the petition. Mr. Yu explained renovations done in the cellar that included a bathroom, which had been done without the required permits. The petitioner was not aware permits were needed. A Board member asked how this had come about. The house is now for sale and the applicant was getting the needed permits to bring the renovations up to code. The Board had a discussion as to the difference between a basement and a cellar. Bathrooms are not allowed in cellars. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 8:18 PM. The Board felt there was no hardship to grant this Variance and could find no justification to violate the by laws. On a motion to approve the variance by Nyles Barnert and seconded by John Gilbert, the Board voted 0 -5. The petition was denied. August 9, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 9, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judy J. Uhrig and Associates John Gilbert and David Williams Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 27 Moreland Avenue The relief sought for a SPECIAL PERMIT in accordance with section 135 -19D of the Code of the Town of Lexington to allow an accessory apartment. The Chairman opened the hearing at 8:19 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 Conservation and the Zoning Administrator. Letters of support were received from 29 and 35 Mooreland Street, 3 John Wilson, One Moon Hill and 82 Buckman Drive. Charles Bamberg, representing the owners of the property, Joann and William Babcock, presented the petition. The Board asked for a clarification of the where the accessory apartment was located on the plans and where the parking spaces were on the property. There was a concern about the tight space for the driveway. Joann Babcock spoke about the driveway. Diane Rubin of 23 Mooreland Avenue presented a letter of support but had a concern with the trees between the properties. The applicant said they are not planning on moving any trees and are sensitive to the green barrier. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:29 PM. August 9, 2007 Minutes 6 On a motion by John Gilbert and seconded by David Williams, the Board voted 5 -0 to approve the special permit to allow an accessory apartment with the condition that the tree screening is preserved and replaced if needed. Submitted by: Dianne Cornaro, Clerk August 9, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 9, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judy J. Uhrig and Associates John Gilbert and David Williams Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 27 -31 Waltham Street The relief sought is for a Modification of Special a Permit in accordance with section of the Zoning Bylaw to allow modification of special permit granted in 1977. 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. 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. A letter of support was received from Mary Jo Bohart, Lexington Chamber of Commerce. Andrea Kor, representing Fei Teng, Inc, presented the petition by explaining that the restaurant will be using only half of the building that the special permit currently covers. A bank will be moving into the other space. One of the Board would have liked to see more information regarding the new restaurant. Ms. Kor had explained she didn't think it was needed because they are asking to modify the original special permit; which was for a change of use. She would be able to get any information they requested. They are hoping to open in September. There were no questions from the audience. No one spoke in favor or in opposition of this petition. The hearing was closed at 8:54 PM. August 9, 2007 Minutes 8 Discussion: One member of the Board did not feel there was adequate information received from the petitioner to approve the modification. On a motion by Nyles Barnert and seconded by John Gilbert, the board voted 4 -1, with Judith Uhrig abstaining, to allow modification of the special permit granted in 1977 with the following conditions: 1. This special permit is for a period of one year and will expire on September 30, 2008. 2. The petitioner will meet all requirements of the Board of Health 3. Trash will not be allowed to accumulate. 4. There will be frequent emptying of the dumpster and the grease container. 5. Hours of operation will be seven days a week from 11 am until 11 pm. 6. Seating will be as proposed in the plan submitted. 7. Planters in the front of building will be planted and maintained. Submitted by Dianne Cornaro, Administrative Clerk August 9, 2007 Minutes 9 OTHER BUSINESS: On a motion by Nyles Barnert and seconded by Judith Uhrig, the Board approved the minutes for the July 12, 2007 and July 26, 2007 meetings.