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HomeMy WebLinkAbout2007-07-12-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and Associate P. Leo McSweeney Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 7 -11 Massachusetts Avenue The relief sought is to allow modification of of the Board of Appeals decision dated October 26, 2006 and filed with the Town Clerk on December 11, 2006. The petitioner seeks to modify the October 26, 2006 Board decision by replacing the language of condition nine. The Chairman continued the hearing at 7:35 pm by asking for comments from Attorney William Dailey, Jr, Attorney for the owners, Malcolm and Jean Kiljikian. Attorney Dailey said since the last hearing the Kiljikians have worked to contact neighbors to work out and eliminate the problems that have been discussed. They have also put into effect a Nextel system to relieve the concern of the load speakers and have posted no parking on sidewalk signs. They are making efforts to reduce the amount of lights at the rear of the building. In contacting the neighbors and listening to their concerns they are trying to reduce the noise of the trucks and trucks no longer to come in to the yard after 10:00 pm. They are bringing cars to Tracy's Towing Center in Lincoln. Attorney Dailey explained the problem of more towing being done because of cars needing to be towed to Lincoln. They have been having 35 or less cars parked in the yard over night and Attorney Dailey said he hoped this was an indication that they are being successful in providing what the Board is asking for. Four families who previously have had concerns have now signed a petition in favor of the Kiljikians. Attorney Dailey also presented a petition signed by 150 people from Lexington in support. The Kiljikians want to be good neighbors and will continue to make things better with the neighbors. They would like condition number 9 be removed. Questions /Comments from the Board: It was confirmed by a Board member that this hearing is pertaining to the towing service only. July 12, 2007 Minutes 2 One of the Board members asked for more details on the land in Lincoln. They do not have a signed lease with Lincoln and the lot will fit 45 cars. Mals tries to bring the abandon cars directly to Lincoln but don't always know which cars are abandon until they are at the Mass Ave lot. Mals is working to find land in Arlington. A Board member asked if they have removed the vehicles then what was wrong with condition number 9. They do not want to reduce the fleet since they are doing more towing. A Board member reminded them that towing is not an allowable use. The Board member has a problem that they are asking the Board to allow them to do something that is illegal. Attorney Dailey said they continue to hope that the town would let them have the towing business. The Board member didn't think the town knew that this was an illegal business. There was a discussion as to how long the business was in operation and if it could be grandfathered. The Board Chairman said the reason for the one year special permit was to give the Kiljikians time to stop what they were doing that was illegal or to make it legal by going to the Town Meeting. The fact remains that this is not an allowed use and once it is on our table we need to take action. Towing cards that are not being repaired is considered a separate business. There was a question as to what was the by -law when the business started. Could it be grandfathered. One of the Board members said that Mals has been doing both businesses for a long time and has a hard time separating the two. In looking at the 12 items that were part of the conditions it looks like Mal has worked hard to be a good neighbor. This Board member was encouraged with what Mal has done and has a difficult time separating the two businesses. Questions /Comments from the Audience: Ellen Basch, 3 South Rindge Avenue — Had copy of original 1966 special permit that does not call for the towing business. Tara Krishnagopal, 1 South Rindge Avenue — At 6:00 tonight someone came to her house wanting to talk with her regarding the issues, this had been the first time anyone had come. She said she is being woken up at 5:00 in the morning because of the noise from Mals. Mike Rizzo, 2317 Massachusetts Avenue — Addressed the public safety issue. Mals is not actively seeking cars, he continually responds in a timely manner when the police call for him to pick up cars. They tow 6 to 12 cars a day. (When asked by a board member if he was speaking as an individual or as a representative of the Police he answered individual.) John Sears, Concord Avenue wanted to know if Mals would be grandfathered. Attorney Daily has not looked into this because he thought this hearing was only regarding the parking issues. July 12, 2007 Minutes 3 Sareen Sultan, 7 Rindge Avenue wanted to express her frustration on how things have progressed. Someone came one hour before the meeting to talk with her about Mals. They were looking for her support and she felt that this person was intimidating her. She bought the house in 1989 and at that time there was no towing business being done. She complained that they have been encroaching into the conservation area and that the flat beds bang on the concrete. Yesterday there was an engine that idled for 15 minutes. She feels nothing has changed and cannot understand why town doesn't stop an illegal business. She also asked how many of the 150 people on the petition live in the neighborhood. Ivan Basch, 3 South Rindge Avenue —Gives them credit, Mals has reduced the number of cars, but will it stick. Why is he doing this now and not before, not for the neighbors but for the sake of the Board. Menon Krishnagopal, 1 South Rindge Avenue asked if Lexington can hold 37 cars and Lincoln 45 cars and there are currently over 100 on the lot, where will the balance go? Attorney Dailey said they are committed to keeping no more than 3 5 in the lot over night. The following spoke in favor of the petition: John Sellars, Concord Street; Michael Rizzo, 2317 Massachusetts Avenue; Joe Medlin, 29 Ivan Street and Mary Doherty of Crosby Road. Ellen Basch, 3 South Rindge Avenue and Khalil Khatri, 7 South Rindge Avenue spoke in opposition. A Board member discussed filing the decision and asked if they intended to file if item 9 of the conditions were changed. She reminded Attorney Dailey that the special permit expires at the end of the year and they need to do something to address the issue. When it is filed the expiration date will remain December 31, 2007. If they do not file they will be subject to enforcement action. The hearing was closed at 8:37 PM. Discussion: Some of the Board Members were pleased with the progress Mals had made in taking care of issues presented. The Board discussed how this hearing came about and that the intention was to address item nine of the conditions, which was to reduce the fleet. The Board wanted to make sure it is understood that they are not condoning a use that is not allowed. In no way are they saying the towing operation is accepted. This hearing was to address item nine of the conditions only. They discussed making a provision to cover themselves that this decision is not meant to approve the towing business in any way July 12, 2007 Minutes 4 On a motion by Leo McSweeney and seconded by John McWeeney, with a vote of 4 -1 with Maura Sheehan opposing, the Board approved the request to strike item nine from the conditions as set forth in the decision dated October 26, 2006 to reduce the number of fleet vehicles. This decision is not meant to approve the towing business in any way. July 12, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 482 Bedford Street The relief sought is to appeal a decision of the Zoning Administrator in a letter dated January 23, 2007 in accordance with section 135 -10 A of the Code of the Town of Lexington. This petition was continued from April 26, 2007 and June 14, 2007. The Chairman continued the hearing by reading a letter from the petitioner asking to withdraw the petition without prejudice. On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to accept the withdrawal with out prejudice. July 12, 2007 Minutes 6 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and Associate Leo P. McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 6 Meriam Street The relief sought is for a SPECIAL PERMIT in accordance with section 135 -88 A of the Code of the Town of Lexington to modify and expand the existing equipment area for the wireless communication facility. This petition was continued from June 14, 2007. The Chairman continued the hearing by reading a letter from the petitioner asking to withdraw the petition without prejudice. On a motion by Leo McSweeney and seconded by John McWeeney, the Board voted 5 -0 to accept the withdrawal with out prejudice. July 12, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 135 Cedar Street The relief sought is for a SPECIAL PERMIT in accordance with Article V, section 135 -19 (D) of the Code of the Town of Lexington to allow a special permit accessory apartment. The Chairman opened the hearing at 8:38 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. Scott Kyle, representing owners of the property, Anne and Allen Collins, presented the petition. Mr. Kyle described the addition on the home, which will be used as an accessory apartment for their adult handicapped son. The addition will have a separate entrance on the side and will not look like a 2- family home. Questions from the Board: A Board member asked what the square footage of the apartment would be. Mr. Kyle answered that it would be 355 square feet, less than 40% of the house. It was also asked why the accessory apartment instead of having him live in the house. There was a concern that they may rent out the apartment. The owner plans on living in this house and they would like to give their son independence and their need for privacy. They have no intention of renting out the accessory apartment. There were no questions from the audience. No one spoke in favor of the petition. July 12, 2007 Minutes 8 Margaret Geldart of 147 Cedar Street spoke in opposition. Her concern was that a 2 family would change the structure of the neighborhood. She does not want to see 2- families in the neighborhood. The hearing closed at 8:47 pm. On a motion by John McWeeney and seconded by Maura Sheehan, the Board voted 5 -0 to grant the special permit to allow an accessory apartment. Submitted by: Dianne Cornaro, Clerk July 12, 2007 Minutes 9 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 28 Harding Road The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a side setback of 8 -feet instead of the 15 -feet required and a 5 -foot rear setback instead of the required 15 -feet. 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. 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 Conservation Administrator. Letters of opposition were received from: 51 Gleason Road, 293 Bedford Street and 289 Bedford Street. Attorney John Dignan, representing the owners of the property, Jonathan and Marcia Cue, presented the petition. Attorney Dignan presented pictures of the drainage issues on the property. They feel due to the topography of the soil where they are putting the garage is the only place in the yard that they will not have water issues. The current garage is also non - conforming. The Board asked would the driveway meet the set back requirements. Attorney Dignan said the current stone driveway is 3 -feet from the lot line, the new driveway will be 5 -feet from the lot line. The impervious surface to the left will be removed. When asked by the Board why the garage needed to be so far back the owner stated that the paving contractor and the general contractor felt due to safety issues of turning out of the garage, this would be the best place for the garage. July 12, 2007 Minutes 10 One of the Board members asked if the owner had any documentation on the soil problems. The owner had tried to get something but hadn't. It was asked about the Conservation Commissions concern for the impervious surface, did they get profession statement regarding the water. Owner said he knew where the water was from his own experience. A Board member asked about the windows on the second floor. There is only storage on the second level, the dormers are for light. The building is 20 -feet high. There were no questions from the audience. Scott Coutts, 293 Bedford Street spoke in opposition of the petition, saying they had the same issue in June of 2002. The applicant had appeared before the Board and at that time the Board felt the applicant had alternatives and denied the request. At the hearing in 2002 the petition had not presented the water argument. Richard Coutts, an Architect and brother to abutter Scott Coutts spoke in opposition on behalf of his brother. He felt the flooding was not reason for a hardship. He felt there were many ways of fixing it. Peter Daus Haberle, 63 North Hancock Street spoke in favor of the petition. Hearing was closed at 9:12 pm. On a motion by Nyles Barnert and seconded by Maura Sheehan, the board voted 4 -1, with Judy Uhrig opposing, to approve the VARIANCE in accordance with section 135 -35, Table 2 for an 8 -foot side set back instead of the required 15 -feet and a 10 -foot rear set back instead of the 15- required. Please note this is a change from the 5 -foot rear setback requested. Submitted by Dianne Cornaro, Administrative Clerk July 12, 2007 Minutes 11 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Judy J. Uhrig and Associate Leo P. McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 12 Larchmont Lane The relief sought is in accordance with section 135 -35, Table 2 - Dimensional Control of the Code of the Town of Lexington to allow a side setback of 6.8 -feet instead of the 15 -feet required and a front yard setback of 12.4 -feet instead of the 30 -feet required. The Chairman opened the hearing at 9:13 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 numbers 6, 7, 8, 14, 15 and 18 Larchmont Lane. Matthew Iverson, owner of the property, presented the petition. He is requesting to construct a garage within the same footprint where there had been a carport that had been brought down by a snowstorm this past winter. They are adding a second story to the garage to be able to go into the house from the garage. They consider the soil condition, a rocky ledge slopes from the road and an unusual front with an easement 12 -feet from the street. The carport/garage is twice the distance from the road because of the easement. There were no Board questions. No questions from the audience. No one spoke in favor or in opposition of this petition. The hearing closed at 9:17 pm. July 12, 2007 Minutes 12 On a motion by Nyles Barnert and seconded by Judy Uhrig, the Board voted 5 -0 to approve a VARIANCE in accordance with section 135 -35, Table 2 - Dimensional Control of the Code of the Town of Lexington to allow a side setback of 6.8 -feet instead of the 15 -feet required and a front yard setback of 12.4 -feet instead of the 30 -feet required. Submitted by Dianne Cornaro, Clerk July 12, 2007 Minutes 13 Minutes of the Lexington Zoning Board of Appeals July 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 19 Oakland Street The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a side setback of 1 -inch instead of the required 12 -feet. The Chairman opened the hearing at 9:17 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 Planning. Letters of support were received from: 12, 14, 17, and 19 Oakland Street and 9 Chandler Street. Brian Tim of Meridian presented the petition for the owners of the property, James and Paula Kemler. The existing property line between 19 and 19A Oakland Street is located through the center of the existing garage. Mr. Kemler is proposing to subdivide a portion of his land (Parcel A) and combine it with land of 19A Oakland Street so that entirety of the garage is situated on the same lot. The proposed lot line is located within 1 -inch of the roof overhang. This proposal makes an existing non - conforming situation less non - conforming while situating the garage entirely on one lot. The Board asked if the easement was recorded. The easement agreement was signed on July 2, 2007 and filed. They will bring in a copy of the easement for our files. The applicant was also asked to explain the layout of the yards, walkway and driveway, which is 5 -feet from the property line. Harry Mieras of 6 Gibson Road spoke in favor of the petition. No one spoke in opposition of the petition. July 12, 2007 Minutes 14 The hearing was closed at 9:28 pm. On a motion by Maura Sheehan and seconded by Nyles Barnert, the Board voted 5 -0 to approve a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Controls of the Code of the Town of Lexington to allow a side setback of 1 -inch instead of the required 12 -feet. Submitted by Dianne Cornaro, clerk. July 12, 2007 Minutes 15 Minutes of the Lexington Zoning Board of Appeals April 12, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Maura L. Sheehan, and Judy J. Uhrig. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 1075 Waltham Street The relief sought is for a revision of a special permit in accordance with section 135 -42 (E) 4 and extension of time in accordance with section 135 -13 (I) of the Code of the Town of Lexington for a project previously approved under a special permit with a site plan review granted by the Board of appeals on June 9, 2005. The Chairman opened the hearing at 9:28 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, Conservation, Engineering and the Planning Administrator. Attorney Edmund Grant representing Rogers and Company presented the petition. With the applicant was Mark Beaudry of Meridian Associates, The applicant received Town Meeting approval on March 30, 2005 for a CD rezoning of this property on which a new building would be constructed pursuant to the preliminary site development and use plan filed with Town Meeting that was also for the definitive site development and use plan approved by the Board of appeals on June 9, 2005. Applicant desires to construct a one -story building rather than the three -story that was previously approved in the special permit. The building will have the same footprint. There will be other minor changes to the landscape and lighting. One of the Board members was concerned with the line of site; asked that they check the sign and make sure it is out of the line of sight for vehicles leaving the driveway. Another Board member wanted to know if other town officials had been made aware that they were seeking to change the size of the building. Will this make any changes to the revenue for the town? July 12, 2007 Minutes 16 Mr. Rogers had talked with the Accessor, Joe Nugent, and he didn't think the construction change would change the revenue much. At town meeting the applicant had not presented any estimated revenue from the building. The applicant answered that the Town Meeting approved this property and the text, which read "a maximum 7,552- square feet ". They are staying within those parameters. One of the Board members asked if the path from Waltham plaza would remain. Yes, it will. Steven Heinrich, 11 Potter Pond Road, asked about what was going to happen with the increased traffic. There was a discussion as to what is happening with the proposed traffic lights by Brookhaven and the Avalon apartments, which will affect the traffic for this building Angela Frick, 1010 Waltham Street, said the traffic issues have been going on for a long time. There have been several hearings but nothing seems to get resolved, someone needs to mesh this problem together and get it fixed. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 9:53 pm. The Chairman noted that two votes were needed, one for the revision and one for the extension of the special permit. On a motion by Nyles Barnert and seconded by Maura Sheehan, the Board voted 5 -0 to grant the revision of the special permit in accordance with section 135 -42 (E) 4 and; on a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 -0 to grant extension of time in accordance with section 135 -13 (I) of the Code of the Town of Lexington for a project previously approved under a special permit with a site plan review granted by the Board of appeals on June 9, 2005 until December 31, 2008. Submitted by Dianne Cornaro, Clerk July 12, 2007 Minutes 17 Other Business: 1) Minutes from June 14, 2007 were approved.