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HomeMy WebLinkAbout2007-09-27-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall September 27, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Carolyn C. Wilson Staff present: 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 a special permit accessory apartment at 522 Lowell Street and a Variance pursuant to section 135 -19 D1 of the Code of the Town of Lexington to satisfy minimum lot area requirements of special permit accessory apartment located in the RO district. 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. The applicant was previously scheduled to be at the hearing on September 13, 2007 for the special permit and postponed that hearing so that the special permit and variance could be heard together. 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 David Fulmer and the builder Francis Bearse presented the petition for the owner of the property, Anne Chavez. Francis Bearse presented a parking plan for the property to the Board. The Board had asked if this addition had been planned out before starting the addition. A survey had been done and the lead Engineer had not picked up that the lot was to small. It was realized when picked up by David George, the Zoning Administrator. Mr. Bearse apologized for the oversight. The applicant was also asked to explain the use of the sunroom to enter both the house and the accessory apartment and if the petitioner would object to a condition that the apartment be used by family only, which he did not object to. Geraldine Worthington of 524 Lowell Street asked the Board to explain the need for the Variance. September 27, 2007 Minutes 2 Harold Worthington of 524 Lowell Street asked if the apartment would be rented out. The applicant assured him this was for family only and would not be a rented apartment. Judy asked Mr. Worthington if his concern was more that it would be a 2- family. Anne Chaves spoke to say that her intent is to help her daughter, son -in -law and future grandchildren to be able to stay in Lexington where they grew up. They will be sharing the common sunroom and laundry. No one spoke in opposition. The hearing closed at 7:50 pm. VARIANCE: On a motion by John McWeeney and seconded by Nyles Barnert, the Board voted 5 to 0 to grant the 1,432 square foot variance for lot, identifying the hardship as the shape of the lot. SPECIAL PERMIT: On a motion by Carolyn Wilson and seconded by Nyles Barnert, the Board voted 5 to 0 to grant the special permit for the accessory apartment, with the condition that the accessory apartment be used only by family members. Approval was for plans as submitted. Submitted by Dianne Cornaro, Administrative Clerk September 27, 2007 Minutes 3 Minutes of the Lexington Zoning Board of Appeals September 27, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk. Petition Address: 20 -24 Garfield Street The relief sought is for a special permit in accordance with section 135 -29 of the Code of the Town of Lexington to allow the reconstruction after demolition of the premises and section 135 - 32-C of the Code of the Town of Lexington to allow reconstruction of the premises in a new location. The Chairman opened the hearing at 7:50 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 Conservation, Planning and the Zoning Administrator. Attorney Alan Wrigley presented the petition for the owners, Richard and Ann Crogan. Attorney Rigley explained the lot contains one two - family dwelling and one single - family dwelling and a garage. The lot size is 26,147 sq. ft. with 250 ft. feet of frontage. The petitioner seeks to demolish the single - family structure located in the southern section of the lot and then construct a larger new single - family dwelling on the eastern section of the lot. Both, the existing two - family and single - family structures are pre- existing non - conforming structures on the lot. Also, presently, more than one dwelling is not allowed on a lot by right. The applicant indicated that the proposed change would make the property more conforming. The Board asked to clarify the layout of the front elevation and if the 2 large trees would be saved. They also questioned the reason for putting 2 houses on one lot rather than splitting the lots. There were no questions from the audience. Ann Crogan, owner of the property, spoke about her concern for the neighborhood and her neighbors. She also told the Board she had approximately 19 trees on the property when she September 27, 2007 Minutes 4 acquired it and now has over 41 trees. She is an avid gardener and is trying to save what trees she can. Colby Crogan, son of the owner, spoke to say he grew up in town, taught school in Lexington and would like to raise his children here. The following spoke in favor of the petition: Dorothy O' Shaughnessy of Garfield Street, Robert Reasenberg of 16 Garfield Street, Tom Fernandes of 4 Ward Street, Shang -Chao Liu of 4 Shaw Place, Karl McKinney of 31 Garfield Street and Phyllis Wilner of 5 Shaw Place No one spoke in opposition. The hearing was closed at 8:13 PM. Most of the Board felt the outcome of this would be desirable and they didn't see an alternative. One Board member would only vote in favor of the petition if the petitioners would divide the lot On a motion by John McWeeney and seconded by Nyles Barnert, with a vote of 4 -1, with Judith Uhrig opposing, the Board voted to approve the following special permits: Special Permit in accordance with section 135 -29 to allow reconstruction after demolition of the premises and section 135 -32 -C to allow reconstruction of the premises in a new location. The special permits were approved as requested and on the basis that the result of the proposed work will be less non - conforming than the current location of the structures. Approval was according to the plans as submitted. Submitted by Dianne Cornaro, Clerk. September 27, 2007 Minutes 5 Minutes of the Lexington Zoning Board of Appeals September 27, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk. Petition Address: 6 Moon Hill Road The relief sought is for a variance in accordance with section 135 -35, Table 2 Dimension Control of the Code of the Town of Lexington to allow a front setback of 19 -feet instead of the required 30-feet. The Chairman opened the hearing at 8:13 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 Engineering, Conservation, Health and the Zoning Administrator. Architect Nick Winton, presented the petition for the owners, Linda and Allessandro Pagani. Mr. Winton explained that the petitioner had come before the Board in 2005 and had been approved for a Variance. However the variance lapsed before building construction began. The petitioner is seeking the same as previously approved. The Board had questions regarding the tree in the front and the new retaining wall. The petitioner answered that they will need to take the tree down since it will not survive the construction and they have plans for significant plantings to be done in its place. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition. The hearing closed at 8:24 pm. September 27, 2007 Minutes 6 During discussion the Board could see no reason to change its previous decision to grant the variance citing the topography of the land as the hardship. On a motion by Carolyn Wilson and seconded by Nyles Barnert, the Board voted 5 -0, to approve the variance to allow a front yard setback of 19 -feet instead of the required 30 -feet front yard set back. Submitted by Dianne Cornaro, Clerk. September 27, 2007 Minutes 7 Minutes of the Lexington Zoning Board of Appeals September 27, 2007 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John McWeeney, Judith J. Uhrig and Associate Carolyn C. Wilson Staff present: Dianne Cornaro, Administrative Clerk. Petition Address: 727 Marrett Road The relief sought is for a modification of a special permit with site plan review in accordance with section 135 -42 (E) - 135 -12 of the Code of the Town of Lexington to allow minor modifications from plans approved by Town Meeting in April of 2006. The Chairman opened the hearing at 8:25 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, the Conservation Administrator and the Zoning Administrator. Attorney John F. Harrington presented for the petitioner, Starwood Lexington Realty. Also attending the hearing were Scott Thrun, VP of Starwood Hotels and Resorts, Robert Weidknecht, Engineer from Beals and Thomas, Inc. and the Project Manager, John Wright. Scott Thrun gave a short overview of the US Green Building Council's Leadership in Energy and Environmental Design (LEED) and the changes they have made to the plans to become LEED compliant. John Wright, the Project Manager went over the changes to the landscaping and presented pictures to the Board from different areas on Fiske Hill. The petitioners explained minor modifications to the original special permit with site plan review. Changes are as follows: 1. Landscaping plan modified to be LEED compliant. 2. Decorative paving areas around the Village Green will be changed to stamped asphalt. September 27, 2007 Minutes 8 3. Two changes to the signage: Substitute "Element" to "Extended Stay by Westin ", and add signage to the fourth level of the Element building facing route 128. 4. Roof color will be changed to a brown bark or tannic color to support the LEED effort. 5. Parking lot lighting changed to support LEED effort. 6. Increased the bike parking area. 7. Changed the curbing from concrete to granite. The Board questioned the reason for the name change and the look of the pavers in the landscaping. The Board determined the signs to be consistent with the original decision and felt they did not need input from the Design Advisory Committee to approve them. There were no questions from the audience. No one spoke in favor or in opposition of the requested modifications. The hearing was closed at 9:08 PM. On a motion by John McWeeney and seconded by Judy Uhrig, the Board voted 5 -0 to approve the modifications as presented and in accordance with sections 135 -42 (E) — 135 -12 of the Code of the Town of Lexington to allow minor modification from plans approved by Town Meeting in April of 2006. Submitted by: Dianne Cornaro, Clerk