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HomeMy WebLinkAbout2007-09-13-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 522 Lowell Street The relief sought is for a Special Permit in accordance with section 135 -19D of the Zoning Bylaw to allow an accessory apartment at 522 Lowell Street. The Chairman began the hearing at 7:30 PM by reading a letter from the petitioner, Francis Bearse, representing Anne Chavez, requesting the hearing be continued until September 27, 2007. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 to 0 to postpone the hearing until September 27, 2007 at 7:30 pm. Submitted by Dianne Cornaro, Administrative Clerk September 13, 2007 Minutes 2 Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 210 Lincoln Street The relief sought is to Appeal a Decision of the Zoning Administrator dated June 11, 2007 in a zoning review that the side -yard is not a buildable lot for zoning purposes. The Chairman opened the hearing at 7:31 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. Attorney Edmund Grant presented the petition for the owners, Derek and Theresa Conrad. Attorney Grant explained the lots were conforming to the zoning bylaws in 1926 when the plan was created. The lots have paid taxes and have been maintained separately for 60 years. They have had sewer and sidewalk betterments, which were also paid separately. Attorney Grant gave a general overview of the history of the lots. The Board asked the petitioner if the lots had been transferred after 1998 and what had transpired after 2005. The previous owner sold both 212 Lincoln Street and the lot with the apparent address of 210 Lincoln Street to their son and son's friend thinking they had separate lots, however, there were no building plans at that time of the most recent conveyance. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. The hearing was closed at 7:47 PM and reopened at 8:43 pm. September 13, 2007 Minutes 3 On a motion by John McWeeney and seconded by Nyles Barnert, the board voted to reopen the hearing at the request of a direct abutter who had not had a previous opportunity to speak on the matter. Jacquelyn Quint of 202 Lincoln Street spoke in opposition of the petition citing her concern with the 50 -foot frontage, potential loss of buffer between her property and the lot on which the petitioner seeks to build, and potential overcrowding of land. Attorney Grant rebutted Ms. Quint's concerns and stated that many houses on Lincoln Street have a 50 -foot frontage and are of similar scale as the existing house at 212 Lincoln, currently owned by the petitioner. The hearing was closed at 8:45 pm. On a motion by John McWeeney and seconded by Dan Lucas, with a vote of 5 -0, the Board voted to overturn the Zoning Administrator's decision and determined that Map 42, parcel 27 is a lot that may be built upon. Submitted by Dianne Cornaro, Clerk. September 13, 2007 Minutes 4 Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: Lot 171, Earl Street The relief sought is for an appeal of a decision by the Zoning Administrator dated June 29, 2007 zoning review that the rear -yard is not a buildable lot for zoning purposes in accordance with the Code of the Town of Lexington. The Chairman opened the hearing at 7:48 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. Attorney George Foote presented the petition for the owner, Roberta Franks. Attorney Foote explained that the petitioner had come before the Board in 2002 to appeal a decision of the then Zoning Enforcement Officer, Matt Hakala. At that time the Board had ruled the lot to be a lot, which may be built upon. In the spring of this year, a potential buyer had come to inquire about the lot and had been told by the Zoning Administrator, David George, that he did not feel bound by the previous decision of the Board, and with the advice of Town Counsel may review the matter afresh in light of changes affecting the land or in light of changes in case law. Attorney Foote indicated that the lot was being sold to help finance the care of the ailing Mrs. Frank's retirement and that there has been no changes in the circumstances of the lot. There were no questions from the Board members. There were no questions from the audience. Valerie Franks, daughter of the petitioner, spoke of the emotional value of the retirement funds for her ailing mother. September 13, 2007 Minutes 5 Glen Franks of 26 Earl Street spoke in favor of the request, thought the empty lot is an eye sore and building on it would improve the neighborhood. No one spoke in opposition. The hearing closed at 8:02 pm. During the discussion the Board could see no reason to go back on the previous decision. On a motion by Nyles Barnert and seconded by Dan Lucas, the Board voted 5 -0, to overturn the June 29, 2007 determination of the Zoning Administrator and ruled that Map 72, Lot 171 was a lot that may be built upon. Submitted by Dianne Cornaro, Clerk. September 13, 2007 Minutes 6 Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk Petition Address: 3 Paul Revere Road The relief sought is to APPEAL the failure of the Building Commissioner to undertake an enforcement action on construction authorized under the building permit dated May 7, 2007. and issued for 3 Paul Revere Road. The Chairman opened the hearing at 8:02 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 Planning Administrator and the Zoning Administrator. Attorney John McElhiney presented for the petitioners, Ralph and Drusilla Hanson, direct abutters to the property. Attorney McElhiney explained the concern of the Hansons that a special permit should have been required for the construction because they consider it to be a special permit accessory apartment, not a by -right apartment that could be authorized under the issuance of a building permit only. The Board questioned the layout of the house and the addition and asked if there was a cooking area planned in the converted garage. The plans submitted show a "nook" but no kitchen. The Chairman described the definition of a separate dwelling in the by laws and stated if there is no kitchen then it would not be considered an accessory apartment and it is a matter of right. There are no set back issues. There were no questions from the audience. Tim O'Neil, 2620 Massachusetts Avenue, opposed the building permit stating the previous plans included a kitchen area and feels the intent is still there to have cooking facilities. September 13, 2007 Minutes 7 [ ?], 2643 Massachusetts Avenue spoke in favor of the building permit saying the owners had worked hard and done everything to make sure this addition was done right. Attorney David Fulmer, representing Nicholas Alex, owner of the property, spoke to say there are no plans for a stove or kitchen facilities. The plans are to have a bedroom only contained in the existing garage. They are planning on using it for an eighty -six year old man who is incapable of taking care of himself. One of the Board members asked the owners Attorney if Mr. Alex would enter into a letter of agreement not to use the area as an accessory apartment without first coming before the Board of Appeals again. The Chairman commented that they would not be able to get a building permit to do that without coming before us and it could be part of the decision. The hearing was closed at 8:28 PM. During discussion it was agreed that a special permit would be needed if the area were ever to be used as an accessory apartment. On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 0 -5 to approve the appeal of the building permit. The petition was denied. September 13, 2007 Minutes 8 Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 100 Meriam Street The relief sought for a VARIANCE in accordance with section 135 -35, Table 2 Dimensional Control of the Code of the Town of Lexington to allow a side set back of 17 -feet instead of the required 20 -feet. The Chairman opened the hearing at 8:29 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 96, 99, 101, 102, 105 Meriam Street and 3 Juniper Place. Attorney Matt Iverson, representing his parents Mr. And Mrs. Raymond Iverson, presented the petition. The petitioner seeks to construct an addition onto the existing structure. The proposed addition would encroach into the side yard setback by 3 -feet as measured to the roof extension. The existing house is non - conforming on the lot. The proposed addition, based on the plans, will not exceed further into the side yard than the existing house. The Board had no questions. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 8:34 PM. September 13, 2007 Minutes 9 On a motion by Nyles Barnert and seconded by John McWeeney, the Board voted 5 -0 to approve the variance to allow a side set back of 17 -feet instead of the required 20 -feet. Submitted by: Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 81 -83 Hartwell Avenue The relief sought is for a Special Permit pursuant to section 135 -77A and in accordance with section 135 -78 (D) of the Code of the Town of Lexington to allow a free standing sign at 81 -83 Hartwell Avenue. 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 Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:35 PM by reading the legal notice and described information received from the petitioner relative to the petition. Pat Boni, representing IBM, presented the petition. The petitioner seeks to construct a 55" by 42" freestanding non - illuminated corporate sign at the Hartwell Ave entrance to this site. He gave 4 options for the placement of the sign. The Board had no questions but did agree the second option with the sign being placed on the left hand side of the road, 5 -feet back from the lot line, would be the best placement for the sign, however the board understood that the placement of the sign is also subject to Conservation Commission approval. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:40 pm. On a motion by John McWeeney and seconded by John Gilbert, the Board voted 5 -0 to approve the Special Permit to allow a free standing sign, per the plans submitted with the application, on September 13, 2007 Minutes 10 the right side of the entrance, at least 5 -feet from the lot line and subject to the approval of the Conservation Commission. Submitted by Dianne Cornaro, Clerk Minutes of the Lexington Zoning Board of Appeals September 13, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney and Associates John Gilbert and Dan Lucas Staff present: David George, Zoning Administrator and Dianne Cornaro, Administrative Clerk. Petition Address: 293 Wood Street The relief sought is for a special permit pursuant to section 135 -77(3) and section 135 -78 (D) of the Code of the Town of Lexington to allow 2 free standing signs. 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, Design Advisory Commission and the Historic District Commission. Comments were received from the Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:40 PM by reading the legal notice and described information received from the petitioner relative to the petition. Daniel Endyke, presenting Princeton Properties, presented the petition, explaining the need to replace 2 outdated signs in the same location. Colin Smith from the Design Advisory Committee had no issues with the new signage. The Board had no questions. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing was closed at 8:40 pm. On a motion by Nyles Barnert and seconded by Dan Lucas, the Board voted 5 -0 to grant the Special Permit pursuant to section 135 -77(3) and section 135 -78 (D) of the Code of the Town of Lexington to allow 2 free standing signs per the plans submitted with the application. September 13, 2007 Minutes 11 Submitted by Dianne Cornaro, Clerk. OTHER BUSINESS: The Chairman spoke of the John McWeeney's term being up and that John has agreed to stay on for another term and Maura Sheehan will be resigning due to her move to Rhode Island. The Selectmen have asked the Board to make suggestions to them for her replacement. The Board received Kevin Batt's reply to Mr. Costello's Supreme Court action. Copies will be made and distributed to the Board. The Chairman asked the Clerk to get updated copies of the Lexington By -Laws for the Board. The Board had a discussion on notifying property owners of by -law changes that will affect their property. The Chairman will write a letter to the Planning Department with a cc to the Selectmen asking that letters be sent to property owners when a by -law change will affect their lots.