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HomeMy WebLinkAbout2008-04-10-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Acting Chairman — Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 59 Worthen Road, Map and Lot: 0057000136 The relief sought is for a Special Permit in accordance with section 135 -77, Section 3 of the Zoning Bylaw to replace existing freestanding signage. The Chairman started the continued hearing by explaining to the applicant that John McWeeney who had sat on the original hearing date of March 27, 2008 was not able to be present at this hearing. With Mr. McWeeney not available the decision vote would need to be 4 -0 to pass. Mr. Maganello agreed to go ahead with the hearing. Mr. Smith asked the applicant to present the information that had been missing at the March 27, 2008 hearing. 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 Design Advisory Committee. Comments were received from the Zoning Administrator, the Building Commissioner, Conservation and the Design Advisory Committee. A letter of support was received from Mark S. Douglass of 51 Worthen Road This hearing was continued from March 27, 2008 due to questions posed by the Board that could not be answered by the sign company who had expected Mr. Manganello to be present at the March hearing. James Maganello, representing Grace Chapel presented the petition. Ann Durso from Express Sign was also present for questions. Mr. Manganello apologized for missing the hearing on March 27, 2008 and explained to the Board the locations of the signs. He also had pictures of the lighting fixture and explained the lighting plans. The Board asked about the hours the lights for the sign would be on. The petitioner requested that the lights be allowed to be on during any late night service times. Currently they go off at 10:30 pm. There were no questions from the audience. Ann Durson, from Express Signs spoke in favor of the signs. No one spoke in opposition April 10, 2008 ZBA Minutes 2 The hearing closed at 7:30 PM. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 4 -0 to approve the special permit for signage at 59 Worthen Road with the following conditions: 1. The sign shall be turned off at 11:00 pm except while late night services are being held. 2. The lights for the sign must be shielded. Submitted by: Dianne Cornaro, Administrative Clerk April 10, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 50 Prospect Hill Road, Map and Lot 0033000179 The relief sought is for a Variance in accordance with section 135 -38 of the Zoning Bylaw to allow a side yard set back of 6.5 ft instead of the required 10 ft side yard setback 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 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. April Austin, owner of the property, presented the petition. The petitioner seeks to construct a mudroom addition to the northwest section of the house. The addition, as proposed, would be attached to the rear of the house and would encroach on the side -yard setback. Because the lot is exempt from the current side -yard setback, the side -yard setback is based on the frontage. For a lot with 75 -ft. frontage, a side yard setback of 10 -ft. is required. The addition, as proposed, would be 6.5 -ft. from the side -yard setback due to the overhang of the structure. Constructing the addition, as proposed, is essentially an extension of the existing non - conformity of the structure. The applicant indicates, in their materials submitted with the application, that the house was built in its location because of topographic considerations. As can be seen from the plot plan, the slope drops off from 100.11 at the front of the property to 88.28 at the tree line in the rear yard. In addition, the applicant indicates that the layout of the structure limits practical locations to build the addition. One of the Board members asked how do you get into the room. The applicant said thru the garage door and from the kitchen. There were no questions from the audience. No one spoke in favor or opposition to the petition. April 10, 2008 ZBA Minutes 4 The Chairman closed the hearing at 7:35 pm. The Board felt this was a reasonable request and agreed the topography of the lot was a hardship. On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law (Chapter 135 -38 of the Code of Lexington) to allow a side yard set back of 6.5 -feet instead of the required 10 -foot side yard set back. Submitted by: Dianne Cornaro, Administrative Clerk April 10, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 4 Ward Street, Map and Lot: 0072000025 The relief sought is for a Variance in accordance with section 135 -67 of the Zoning Bylaw to allow a driveway set back of 1 -foot instead of the required 5 -foot setback.. The Chairman opened the hearing at 7:35 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 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 Building Commissioner and the Zoning Administrator. A letter of support was received from Robert and Wendy Reasenberg of 16 Garfield Street/ Thomas Fern, owner of the property, presented the petition. The applicant seeks to increase the area of the driveway by encroaching into the rear -yard setback. As proposed, the driveway would be 1 -ft. from the lot line. The Board members asked if the trees would remain and whom did the trees belong to. The petitioner replied there would be no trees taken down and the trees were on the line and neither neighbor knew whom they belonged to. The Board also asked for clarification of the driveway alignment to the garage. They discussed other locations for the driveway and what the hardship was if this variance was granted. A Board member was concerned with the driveway grade and the runoff towards 16 Garfield Street. There were no questions from the audience. Richard and Colby Crogan of 20, 22 and 24 Garfield Street spoke in favor of the petition. April 10, 2008 ZBA Minutes 6 No one spoke in opposition to the petition. The Chairman closed the hearing at 7:46pm. Two of the Board members could not justify a hardship and felt that there was enough space on the other side of the driveway to extend the driveway. On a motion by Nyles B. Barnert and seconded by Carolyn C. Wilson, the Board voted, 3 to 2, with Judith Uhrig and Martha Wood opposing, to approve the variance with the following conditions: 1) If the trees do not remain they will be replaced by screening, and 2) petitioner will be sure that there is no run off to neighbors property. A 4 to 1 vote in favor was needed to approve, the variance was denied. Submitted by: Dianne Cornaro, Administrative Clerk April 10, 2008 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 9 Heritage Drive, Map and Lot: 009000133A The relief sought is for a Variance in accordance with section 135 -35 (Table 2 of the Dimensional Constrols) of the Zoning Bylaw to allow a structure to be 3 stories instead of the required 2 1/2 stories. The Chairman opened the hearing at 7:46 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 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 Building Commissioner, the Conservation Administrator and the Zoning Administrator. Martha del Nido, owner of the property, presented the petition. The applicant seeks to construct a 28.0 -ft. by 18.6 -ft by 28.5 -ft. tall addition onto the existing structure. Because of the changes in topography on the lot, the addition consists of 3- stories, due to the basement being more than 50% above natural grade. The petitioner gave the grade of the lot as the hardship. One of the Board members asked to clarify the hardship. Another Board member asked if the location of the house was because of the ledge on the lot. There were no questions from the audience. Murray Patkin of 7 Heritage Drive spoke in favor of the petition. No one spoke in opposition of the petition. The Chairman closed the hearing at 7:56 pm. April 10, 2008 ZBA Minutes 8 On a motion by Martha Wood and seconded by Nyles Barnert, the Board voted, 5 -0, to approve the Variance to allow the structure at 9 Heritage Drive to be 3 stories instead of the required 2 1/2 stories. Submitted by: Dianne Cornaro, Administrative Clerk April 10, 2008 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 12 Oakland Street, Map and Lot: 0048000086 The relief sought is for a Special Permit in accordance with section 135 -29 of the Zoning Bylaw to enlarge a non - conforming structure. The Chairman opened the hearing at 7:56 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 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. A letter of support was received from Patricia and Harry Robertson. Sheila Watson, owner of the property, presented the petition. The applicant seeks to widen the existing dormer located in the rear of the building by 2 -ft. 5 -in. In addition to extending the dormer, the applicant seeks to change the roof type over the dormer. One of the Board members asked to clarify the location of the dormer. There were no questions from the audience. No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 8:01 pm. On a motion by Nyles N. Barnert and seconded by Carolyn Wilson, the Board voted 5 -0, to approve the special permit to enlarge the nonconforming structure at 12 Oakland Street. April 10, 2008 ZBA Minutes 10 Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 7 Oakland Street, Map and Lot: 0048000092 The relief sought is for a Variance in accordance with section 135 -35, Table 2 of the Dimensional Controls, of the Zoning Bylaw to allow a rear yard set back of 10 -feet instead of the required 15 -foot rear yard setback. The Chairman opened the hearing at 8:01 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 Building Commissioner, Conservation Administrator, Town Engineer, Health Agent, Board of Selectmen, Zoning Administrator, Planning Board, the Design Advisory Committee and the Historic District Commission. Comments were received from the Building Commissioner, the Historic Districts Commission, the Design Advisory Committee and the Zoning Administrator. David Buckley, Architect for the project, presented the petition. Also present at the hearing was Peter Noonan, the Executive Director of Supportive Living. The petitioner seeks to construct a deck, approximately 46 -ft. by 15 -ft. in size, onto the rear of the building where the former loading dock was located. The deck, as proposed, follows the line of the former non - conforming loading dock. The Board asked for clarification on the width of the deck and asked about safety issues with the wheelchairs. There were no questions from the audience. No one spoke in favor or opposition to the petition. April 10, 2008 ZBA Minutes 11 The Chairman closed the hearing at 8:10 pm. The Board agreed the location of the building and the slope of the lot was a hardship that justified the variance. On a motion by Martha C. Wood and seconded by Nyles N. Barnert, the Board voted 5 -0 to approve the variance to allow a rear setback of 20 -feet instead of the 15 -foot rear setback required to construct a deck according to plans submitted. Submitted by: Dianne Cornaro, Administrative Clerk April 10, 2008 ZBA Minutes 12 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall April 10, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, Judith J. Uhrig, Carolyn C. Wilson and Martha Wood Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 5 Vine Brook Road The relief sought is for a Variance in accordance with section 135 -30 of the Zoning Bylaw to reduce the lot area by conveying 269 square feet of land to the abutter at 9 Vine Brook Road. The Chairman opened the hearing at 8:10 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 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 Planning Administrator, the Historic District Commission, the Engineering Department and the Zoning Administrator. Attorney Frederick Conroy presented the petition for the owners of the property, Patricia and Frank Carney. The petitioner seeks to convey 269 sq. ft., to the abutting property located at 9 Vine Brook, in order to settle a lot -line dispute One of the Board members asked why not consider squaring off the property instead of just going where the fence is. The applicant didn't want to give up more space than he needs to. Attorney Stephen Clark, spoke on behalf of Mr. And Mrs. Corman of 9 Vine Brook Road. There were no questions from the audience. No one spoke in favor or opposition to the petition. The Chairman closed the hearing at 8:18 pm. April 10, 2008 ZBA Minutes 13 On a motion by Nyles N. Barnert and seconded by Martha C. Wood, the Board voted 5 -0 to approve the variance to reduce the lot area by conveying 269 square feet of land to the abutter at 9 Vine Brook Road. Submitted by: Dianne Cornaro, Administrative Clerk