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HomeMy WebLinkAbout2007-02-08-ZBA-min Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 8, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judith J. Uhrig and Associate Leo McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 433 Marrett Road The relief sought is for a Special Permit from section 135 -77 (3) and 78D to allow a sandwich board sign in front of building. 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, Planning Board, Design Advisory Committee and the Historic District Commission. Comments were received from the Zoning Administrator and the Design Advisory Committee. A letter of opposition was received prior to the hearing from Mark Duffy of 46 Spring Street. Kip LeBaron, owner of the business, presented the petition. At the hearing he presented a petition signed with 19 signatures, not all resident of Lexington. The board questioned if Mr. LeBaron had a copy of the Design Advisory Committee's comments and about the placement of the sandwich board sign. There were no questions from the audience. Paula Ganzi of 74 Valley Field Street spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 7:58 PM. Discussion: February 8, 2007 Minutes 2 The Board discussed whether sandwich board signs were allowed under the Town By -law. The Board suggested that the owner of the building come before them for a special permit for a freestanding permanent sign. On a motion by John McWeeney and seconded by Judy Uhrig, the board voted 5 -0 to DENY the special permit for sandwich board sign in front of 433 Marrett Road. Submitted by Dianne Cornaro, Clerk February 8, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 8, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judith J. Uhrig and Associate Leo McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 16 Winthrop Road The relief sought is for a Variance from section 135 -35 Table 2, Dimensional Controls to allow a 12.8 -foot side set back in stead of the required 15 -foot side yard set back. The Chairman opened the hearing at 7:58 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, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator and the Conservation Administrator. Colin Smith, the architect for the project presented the petition for the owner George Borjas. Mr. Colin explained they would like to demolish the existing garage and relocate the garage towards the front of the property. To do this they would need relief for a side yard set back. There are wetlands to the rear of the property. The board questioned the wetlands in the back; whether the petitioner had talked to the abutters and about the evergreens. 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 8:07 PM. The Board felt the shape of the lot was a hardship. On a motion by Leo McSweeney and seconded by Maura Sheehan, the board voted 5 -0 to grant the variance to allow a side setback of 12.8 -feet instead of the required 15 -foot setback. Submitted by Dianne Cornaro, Clerk February 8, 2007 Minutes 4 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 8, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judith J. Uhrig and Associate Leo McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 20 -22 Cliff Avenue The relief sought is for a Variance from section 135 -67A to park vehicles within the side yard setback on a non - compliant driveway located on the Theresa Avenue side of the property. The Chairman opened the hearing at 8:07 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, Planning Board and The Historic District Commission. Comments were received from the Zoning Administrator. Letters of support were received from: • Ruth Walsh, 16 Cliffe Ave • Kathy Jo Solomon and Frederick Stubbs, 12 Theresa Ave • Thomas & Anne Clair, 26 Cliffe Ave • Helen Adinolfi, 32 Cliffe Ave • L. Johannes & H. Karoliina Grohn, 15 Cliffe Ave • Grace Mahoney, 14 Cliffe Ave • Anita & John Bonasena, 24 Theresa Ave • Colin & Lauren Hamilton, 28 Theresa Ave Marcy Milhomme and Travis McCready, owners of the property presented the petition This address is a 2 family building with accessory parking, located on a lot of land with area of 6075 square feet and with frontage of 91.23 feet. In September 2006 Marcy Milhomme had come before the Board the Board to request the necessary relief to allow expansion of a dormer on the non - conforming structure. It was during the hearing that discussion occurred regarding the present location of the non - compliant driveway at 20 -22 Cliffe Avenue. The petitioner was not aware of the previous owners violation of the driveway. The board granted relief subject to the condition the parking area to the right of February 8, 2007 Minutes 5 the building along Theresa Avenue had to be removed and replaced with lawn and landscaping and the required parking for the building be re- constructed in the lawn area to the left of the building within the required setback The board questioned how the driveway violation was not found. The petitioner said there had been four title searches done between the two owners and it had not been picked up. It had been determined that the previous owner had been denied and the decision was never filed with the registry of deeds. The board also asked the petitioner to explain the parking spaces for the property and wanted assurance that the vehicles did not park on the right of way. There were no questions from the audience. Mr. Colin Hamilton of 28 Theresa Avenue spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:22 PM. Discussion: One member of the Board felt that there was no hardship shown. Other members of the Board felt the petitioners were victims and would not have this problem if the town had enforced the denial. On a motion by John McWeeney and seconded by Leo McSweeney, the board voted 4 to 1, with Judy Uhrig opposing, to allow the driveway to remain as is. Submitted by Dianne Cornaro, Clerk February 8, 2007 Minutes 6 Minutes of the Lexington Zoning Board of Appeals Estabrook Hall, Cary Memorial Building February 8, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judith J. Uhrig and Associate Leo McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1720 -1722 Massachusetts Avenue The relief sought is to modify a special permit in accordance with section 135 -42 (E) and 135 -12 from special permit approved at the Fall 2005 town meeting. The Chairman opened the hearing at 8:23 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, Planning Board, The Design Advisory Committee and The Historic District Commission. Comments were received from the Zoning Administrator, the Conservation Administrator and the Design Advisory Committee. Attorney John Farrington and Architect Erik Rhodin presented the petition for the owners of Lexington Commons, 1720 Massachusetts Avenue, LLC. Mr. Rhodin went over new plans submitted and explained each modification to the Board. The modifications were as follows: Building Elevation Changes: Waltham Street Elevation (West) 1. Moved first floor retail 1 entry doors to second bay (between col. Lines 7.4 to 7.7) 2. Deleted French balcony doors at second floor unit 210 and replaced with two regular windows. Massachusetts Avenue Elevation (North) 1. Changed double doors to a single door at first floor entry to 1720 Massachusetts Ave. 2. Changed the width of French balcony doors from 3' wide to 2' -8" wide. The sidelights got wider as a result. February 8, 2007 Minutes 7 East Elevation 1. Revised window locations at side elevation of brick building facing Massachusetts Avenue. 2. Unit 306 at third floor, deleted roof terrace and dormer and replaced with interior unit area. 3. Revised the lattice fencing spacing at the transformer location, due to access requirements of NSTAR. Vinebrook Elevation (South) 1. Added sidelights at unit 302 living area. 2. Added glass doors and sidelight windows to living room at units 103. 3. Added small round window at third floor unit 301. 4. Changed the width of French balcony doors from 3' wide to 2' -4" wide. The sidelights got wider as a result. 5. Added sidelights to French balconies at units 209 and 308. Northwest Elevation (Back side of Vinny Testas) 1. Added three bay windows off the corridor on all floors, see note 1 below on the plan changes. Floor Plan Changes: First Floor 1. Added 2 fire doors on 7 line per recommendation of Building Commissioner Steve Frederickson and expanded corridor width by bumping out the exterior wall to accommodate these doors. 2. Added two additional corridor bump outs to respond to item one above. 3. Deleted Handicap lift at Mass Ave entry and replace with a HC ramp. Per recommendation of Building Commissioner Steve Frederickson. 4. Deleted the two trees that were required in Waltham St. sidewalk as per ZBA hearing of November 9, 2006. See enclosed letter from Lexington Design Advisory Committee of 12.12.06. Recommended installing one tree at a sidewalk extension adjacent to the driveway to garage off of Waltham St. After additional review by our civil engineer, DCI, it appears that the sidewalk extension with one tree would then eliminate one parallel town parking space. This is what the Design Advisory Committee recommends in their letter of December 12, 2006. The Town needs to recommend if this is appropriate. As an alternate and as presented tonight we show leaving the sidewalk as is with parking as shown and add one tree to the wider sidewalk across the street on Waltham St. We propose to do this when that sidewalk is replaced this spring, as suggested by the Town engineering department. 5. Retail space is now 5, 609 sq. ft., which is 234 sq. ft. less than Town Meeting presentation and 79 sq. ft less than what was approved at ZBA hearing on November 9, 2006. The reduced area is a result of adding a small office and bathroom off of the lobby of the residential entrance off Waltham St. February 8, 2007 Minutes 8 Second Floor 1. Same point 1 and 2 as above at first floor. Third Floor 1. Same point 1 and 2 as above at first floor. Roof Plan 1. Revised and deleted several skylight locations. 2. The parapet walls (at the flat roof edge) at sides facing Vinny T's (north and west elevations). These sides have a parapet wall that shields the residential condensers. The top of the parapet wall is raised from 38' -3" to 40'3" above the average mean grade. This was to comply with the Massachusetts building code that requires 3'8" railing or parapet walls adjacent condensers within 10 feet of roof edges. The residential condensers will be lower than the parapet wall. All the condensers are set towards the interior building facade overlooking the backside of Vinny T's. Parking Plans 1. Firewall with 12 -foot wide overhead door and 3 -foot wide swing door was added at 7 line. 2. Parking count has been modified from 72 spaces to 71 spaces, due to the firewall added on line 7. The new count is as follows: Full size: 43 Compact: 22 Handicapped: 3, including one van Tandem: 3 Total parking: 71 (70 required by PSDUP) The following is the current parking distribution: 27 spaces for 1 &2 bedroom units (1 /unit) 6 spaces for 3 bedroom units (2 /unit) 17 additional residential parking 3 Guest and service parking 18 Retail employee parking (1/325s.f. retail) 71 Total parking February 8, 2007 Minutes 9 Eric Rhodin addressed the concerns of the Conservation Administrator regarding water run off and the concerns of the Board regarding the tree landscaping and the construction vehicle parking. Questions from the board were answered as they went over each modification. 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 9:08 PM. On a motion by Leo MCSweeney and seconded by Judith Uhrig, the board voted 5 -0 to approve the minor modifications as submitted. Submitted by Dianne Cornaro, Clerk OTHER BUSINESS Minutes from January 11, 2007 and January 25, 2007 were approved.