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HomeMy WebLinkAbout2007-10-25-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall October 25, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Leo P. McSweeney Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 149 Pleasant Street, The relief sought is for a VARIANCE in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Code of the Town of Lexington (Zoning By -law) to allow a side yard set back of 4 -feet instead of the required 15 -foot side yard set back. The Chairman opened the hearing at 7:30 PM by reading the legal notices and described information received from the petitioner relative to the petitions. Prior to the hearing, the petition and supporting data were reviewed by the Acting Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Zoning Administrator. Douglas White, owner for the property, presented the petition and explained the topography of the lot. Mr. White, indicated that he considered other locations in the yard. But the other locations were not preferred due to slope and drainage issues affecting the alternate locations. The Board questioned the height and the placement of the structure. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:30 pm. On a motion by Nyles Barnert and seconded by Leo McSweeney, the Board voted 5 to 0 to grant the Variance that would allow a 4 -foot side yard set back instead of the required 15 -foot side yard set back with the condition that the shed be no larger than 8 -feet by 12 -feet in size. Approval was for plans as submitted. Submitted by Dianne Cornaro, Administrative Clerk October 25, 2007 Minutes 2 Minutes of the Lexington Zoning Board of Appeals October 25, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Leo P. McSweeney Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 21 Oxbow Road The relief sought is for a variance in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Code of the Town of Lexington (Zoning By -law) to allow front yard set back of 27 -feet instead of the rquired 30 -feet front yard set back. The Chairman opened the hearing at 7:39 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from the Conservation Administrator and the Zoning Administrator. Everett Mitchell presented the petition for the owner Kenneth Lakin. Mr. Mitchell explained the problem with the entryway retaining the water and moisture causing mildew and rot to the boards. The Board clarified the relief needed and questioned the design of the foyer. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing was closed at 7:47 PM. The Board agreed the soil conditions were a hardship for the petitioner. On a motion by Leo McSweeney and seconded by John McWeeney, with a vote of 5 -0, the Board of Appeals approved a variance in accordance with section 135 -35, Table 2: Schedule of Dimensional Controls of the Code (Zoning By -law) of the Town of Lexington to allow front yard set back of 27 -feet instead of the rquired 30 -feet front yard set back. The variance was approved per the plan submitted showing the 5.5' by 9.5' foyer. October 25, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals October 25, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Leo P. McSweeney Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 45 Burlington Street The relief sought is for a special permit in accordance with Chapter 43 -1 of the Code of the Town of Lexington Earth, Fill and Removal By Law to allow more than 25 -cubic yards of fill brought onto property. The Chairman opened the hearing at 7:47 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 Agent, Board of Selectmen, Zoning Administrator, Planning Board and the Historic District Commission. Comments were received from Acting Building Commissioner, the Conservation Administrator and the Zoning Administrator. Robert Light, owner of the property, presented the petition explaining the landscaping that has been done and the work he plans to do. Mr. Light stated that he brought in approximately 100- 180 cubic feet of dirt and several tons of stone. He described the landscaping plan as including paths, a rain garden, and modifications to the topography. He explained that a Town Engineer had come out to his property to investigate work that was being done. Mr. Light indicated that, after explaining the nature of the work, he asked the Engineer if a permit was required and had been told that he did not need a permit for the work he was doing. It was only after a neighbor complained that it came to light that a special permit was needed for the amount of fill he has added. He is not planning on bringing in more fill; he will be brining in rock, gravel and large rocks for the rain garden and terraces. The Board questioned if a Civil Engineer looked at the property and had determined what direction the water would run. The Board also questioned who would be doing the work and if he would commit to adding a French drain. He replied that he would. Bernard Springs of 4 Nowers Road asked about the hardship for the fill and the Board explained the difference between a hardship being needed for a Variance and that no hardship was needed for a special permit. October 25, 2007 Minutes 4 Melissa Cunningham of 47 Burlington Street said she supports the concept but has concerns as to how it is being executed. She is concerned with 4 -feet of fill that is leaning against her fence and that the hillside will collapse into her yard. Ms. Cunningham related other concerns with the plan including potential drainage to her yard due to the landscaping, that unstamped and invalidated plans were used, the use of the cesspool and tank for the project, the structural credibility of any retaining wall near her property, and potential damage to on site trees. She would like to see a professional engineer look at the property to make sure it is being done correctly. Phyllis Spring of 4 Nowers Road also would like to see a professional civil engineer look at the plans because of the complex changes occurring at the site and the potential adverse effects in the neighborhood Ms. Spring indicated that she was concerned with impact on the wetlands in the event of potential failure at the site that results from the landscaping work. Anne Fenton of 45 Burlington Street spoke in support of the petition. During the hearing final discussion one of the Board members asked about an affidavit from the appropriate professional that the work to be carried out was in accordance with appropriate standards that was sought by the Zoning Administrator. Mr. Light did not remember saying he would provide it. The Board also asked when will the site work be completed and Mr. Light told them his goal was to have it done ASAP. The Chairman told Mr. Light that Board members are not qualified as Civil Engineers to make a judgment on landscaping and normally refers to a professional's review for feedback. The Zoning Administrator spoke of the special permit and indicated that it was his understanding that the current landscaping was authorized under a previously issued building permit for work done at the property. He suggested that the Board might want to continue the hearing to allow for research to determine whether a specific landscaping plan was previously authorized under a building permit. The hearing closed at 8:47 pm. The Board agreed they were not comfortable with the plans submitted and has a responsibility to be concerned with the impact on the neighbors. They discussed the petitioner providing documentation from a Civil Engineer that a review of the site and plans was done and that there will be no detriment to the neighborhood. On a motion by John McSweeney and seconded by Nyles Barnert, the Board voted 5 -0, to approve the special permit with the condition that no work can proceed until the petitioner provides certification from a Civil Engineer that the plan and proposed work will not cause October 25, 2007 Minutes 5 increased run -off onto adjacent properties. The certification will be presented to the Building Department. Additional Business: 1. The calendar for 2008 was approved with October 9 th hearing being changed to October 16 due to the Jewish Holiday. 2. With a motion from Nyles Barnert and a 5 -0 vote minutes for September 13, 2007 and September 27, 2007 hearings were approved. 3. The Chairman spoke of a Webinar workshop that will be held by the Planning Department on November 7 th in the Selectmen's Meeting Room. 4. The Chairman told the Board that on Monday October 29, 2007 the Selectmen would be appointing Carolyn Wilson as a new member to the Board to fill Maura's vacancy and a new associate member to take Carolyn's position. 5. The Board voted to keep the same officers in place for 2008. 6. The Board voted Dianne Cornaro as clerk for 2008. Submitted by Dianne Cornaro, Clerk.