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HomeMy WebLinkAbout2007-05-24-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall May 24, 2007 Board Members Present: Chairman — Arthur C. Smith, John McWeeney, Judy Uhrig and Associates Carolyn C. Wilson and Daniel A. Lucas. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 43 Hayes Avenue The Chairman read a letter from the applicant asking to withdraw this application without prejudice since the applicant and the neighbors have resolved their differences. On a motion by John McWeeney and seconded by Carolyn Wilson, the board voted 5 -0 to withdrawn the petition without prejudice. Submitted by Dianne Cornaro, Administrative Clerk May 24, 2007 Minutes 2 Minutesof the Lexington Zoning Board of Appeals May 24, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and Leo P. McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 26 Eldred Street The relief sought is for a SPECIAL PERMIT in accordance with section 135 -29 A of the Code of the Town of Lexington to allow a second floor addition over a nonconforming structure. The Chairman opened the hearing at 7:32 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 from the Conservation Administrator. Lance Bradley, owner of the property presented the petition. They are seeking to construct a second floor addition over the current footprint of the existing nonconforming structure. The Board asked the applicant to go over the plans and asked if he was presently living in the house. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:38 pm. On a motion by Maura Sheehan and seconded by Leo McSweeney, the Board voted 5 -0 to approve a Special Permit to allow a second floor addition over the nonconforming structure. Submitted by Dianne Cornaro, clerk. May 24, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals May 24, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and 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. The Chairman read a letter from the applicant requesting the hearing be postponed until June 14, 2007 to give the applicant time to meet with the Communication Advisory Committee. On a motion by John McWeeney and seconded by Judy Uhrig, the Board voted 5 -0 to postpone the hearing until June 14, 2007. Submitted by Dianne Cornaro, Clerk May 24, 2007 Minutes 4 Minutes of the Lexington Zoning Board of Appeals May 24, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and Leo P. McSweeney. Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 131 Shade Street The relief sought is for an Appeal of the March 28, 2007 determination of the Zoning Administrator that Assessor Map #34, Lot #100 was not a buildable lot for zoning purposes because the lot did not qualify for exemptions provided under section 135 -38 of the Lexington Zoning By -law or Mass GL chapter 40 section 6. 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. Prior to the hearing letters of support were received from Dan Fenn, Jr, of 59 Potter Pond Road, Helen Cohen of 39 Patterson Road and Sheila Watson of 12 Oakland Street. Attorney Edmund Grant presented the petition for the homeowner, Iclal Hartman. Attorney Grant gave the history of the lots and the previous efforts of Mrs. Hartman to get Assessor Map # 34, Lot #100 approved as a separate buildable lot. She has been paying 2 separate tax bills for the 48 years that she has owned the property, which consists of two lots held in common ownership, known as Assessor Map #34 lots #100 and #101 and has taken great care to make sure all additions were done to keep the integrity of the vacant lot. One of the Commissioners asked about the boundary markers between the lots and the landscaping done on the vacant lot. Another asked about the set back requirements. There were no questions from the audience. Nancy Franklin Earsy of 32 Parker Street presented the Board with a letter of support. May 24, 2007 Minutes 5 James Gross of 100 Laconia Street spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 8:18 pm. On a motion by Leo McSweeney and seconded by John McWeeney, the Board voted 4 -1, with Judith Uhrig opposing, to reverse the decision of the Zoning Administrator and determined that lot 207 is a buildable lot. Submitted by Dianne Cornaro, Clerk. May 24, 2007 Minutes 6 Minutes of the Lexington Zoning Board of Appeals May 24, 2007 Board Members Present: Chairman — Arthur C. Smith, John J. McWeeney, Maura L. Sheehan, Judy J. Uhrig and Leo P. 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 Chairman opened the hearing at 8:18 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. A complaint letter was received from Ellen Basch of 3 South Rindge Avenue. Attorney William Daley, Jr. presented the petition for the owners, Malcolm and Jean Kiljikian. The petitioner seeks to modify the October 26, 2006 Board decision by replacing the language of condition nine. Since the decision, Attorney Dailey said they have talked with the Selectmen regarding using the town landfill or the barn area for parking. The Selectmen did not feel it would be wise to allow that. They have met with Maryann McCall Taylor from Planning to identify other possible locations in town. They were unable to find any other suitable location. They have found a location out of town that they will have access to as of June 1 At that time they will start moving vehicles from the 7 -11 Massachusetts Avenue lot. Attorney Dailey said as of July 1 st they expect they will reach the permitted number of 35 cars in the back parking lot. One of the Board members suggested that the hearing be continued until July 12 so that there would be less speculation on the Board's part as to what is being done to reduce the number of cars on the lot and moving the towing business. May 24, 2007 Minutes 7 The Chairman, Arthur Smith, said one of the issues is that the operation of a towing business is not allowed in the area. With the conditions of the decision of last October the Board was giving them the opportunity to find someplace and stop doing the towing business from this location. One of the Board members mentioned that many of the conditions that addressed the concerns of the neighbors have not been met; specifically the loud speakers, the lights in the back and the idling of the trucks. Ellen Basch of 3 South Rindge Avenue asked why it has taken this long to come back to the Board regarding this modification and confirmed that conditions still have not been met. Menon Krishnagopal of 1 South Rindge Avenue asked if the town had received reports of number of cars in the lot as it had requested. David George said they had sent in 3 reports with just over 100 cars on the lot each month. Richard Keavney of 5 Hibbert Street is concerned that the trucks will start parking in the back if they are not allowed to idle on Massachusetts Avenue. He also was concerned with the safety of people having to walk into the street to go around cars that are parked on the sidewalk. Judy Uhrig commented that it is illegal to park cars on the sidewalks. Ivan Basch of 3 South Rindge Avenue spoke in opposition of the petition asking if any of the conditions of the October decision are being met. John Sellars of 430 Concord Avenue couldn't understand how the town can ask him to downsize business. The Chairman told him this business is not permitted in the By -Laws and the Board cannot go against the By -Laws. They must uphold the zoning Bylaw, as it exists. It was agreed that the hearing would be continued until July 12, 2007 with the goal to see that conditions have been met and to show a good faith effort towards the neighbors concerns. It will also give the applicant time to move the cars to the new area and show reduction in the fleet. On a motion by John McWeeney and seconded by Maura Sheehan the Board voted 5 -0 to continue the hearing until July 12, 2007. May 24, 2007 Minutes 8 Other Business 1) April 12, 2007 minutes were approved. 2) Arthur Smith read a letter from the Selectmen asking for goals from Boards. This will be discussed at the next meeting. 3) Maura Sheehan spoke about the Traffic Advisement Committee meeting that she attended.