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.