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HomeMy WebLinkAbout2009-01-08 ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator The Chairman read a letter, dated January 8, 2009 from Adam Braillard, Attorney for MetroPCS Massachusetts, LLC requesting the hearing for the wireless communication facility at 60 Concord Avenue be postponed until February 12, 2009. The Board discussed that this was the second postponement for this hearing and the Board agreed they would grant the postponement this one more time but if they are not ready to proceed with the hearing on February 12 then they should consider withdrawing the application. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to postpone the hearing as requested until February 12, 2009 at 7:30 pm. January 8, 2009 ZBA Minutes 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 21 Woodland Road, Map 63, Lot 24 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. John Reddick, owner of the property, presented the petition. The petitioner seeks a variance to allow a front yard setback of 19.7 -feet instead of the required 30 -foot front yard setback. He explained the topography of the lot as the hardship for this variance. 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 and the Planning Board. Comments were received from the Zoning Administrator. A letter of support was received from Sarah and Ben Warren of 20 Woodland Road. One of the Board members asked why the entry way needed to come out the 10 feet. There were no questions from the audience. No abutters spoke in opposition or in support of the petition. The hearing was closed at 7:39 PM. On a motion by Carolyn C. Wilson and seconded by John T. Gilbert, the Board voted 5 -0 to approve the variance to allow a front yard setback of 19.7 -feet instead of the required 30 -foot front yard setback. Submitted by: Dianne Cornaro, Administrative Clerk January 8, 2009 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 286 Lincoln Street, Map 42, Lot 48 -49 The Chairman opened the hearing at 7:40 PM by reading the legal notices and described information received from the petitioner relative to the petitions. The relief sought is to renew a special permit to allow continued use for gasoline sales, take out food service, signage and related relief. 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 and the Planning Board. Comments were received the Conservation Administrator and the Zoning Administrator. A letter of support with some concerns was received from Dean Curtin of 578 Marrett Road and a letter of support was received from Elinor Greenway, a member of the Lexington Garden Club and resident of 10 Munroe Road. Attorney Edmund Grant presented the petition for the owner of the business, Dave Eagle, Arlex Oil Corporation. Also in attendance at the hearing was Dave Eagle and Shaun Maloney, owner of the property. Attorney Grant stated that Mr. Eagle and the Zoning Administrator had met and agreed that the 13 conditions for this special permit have been satisfied. Mr. Eagle has made great effort to be a good neighbor and has asked for a five -year renewal. The board discussed the conditions met from the last special permit and what conditions were to be listed on this renewal. There were no questions from the audience. No one spoke in favor of the petition. Carol Cacciamani of 3 Coppersmith Way spoke on behalf of two neighbors who had concerns with light pollution and youths gathering and fighting behind the building at 286 Lincoln Street. January 8, 2009 ZBA Minutes 4 No one spoke in opposition of the petition. The hearing was closed at 7:49 PM. On a motion by Arthur C. Smith and seconded by Carolyn C. Wilson, the Board voted 5 -0 to renew the special permit for a period of five years with the following conditions as discussed: 1. Hours of operation: 6:00 am to 10:00 pm 2. No delieveries at night between the hours of 10:00 pm and 6:00 am. 3. Trash dumpster disposal will occur after 7:00 am and before 6:00 pm. 4. All litter will be picked up daily. 5. No lighting will be included on the outer facade of the canopy. The only light on the Coppersmyth Way side adjacent to the handicapped parking space will have controlled shade to prevent light intrusion on that side. 6. Applicant agrees to do planting between Coppersmyth Way's fence and applicant's property line. Applicant agrees to do plantings and a fence for shrubbery /screening between the McMenimen property at 264 Lincoln Street and applicant's property. 7. Snow will be removed from the property off -site. 8. Sign light shall be on only during hours of operation. 9. Landscaping trees and shrubbery must be maintained and replaced as needed. 10. This special permit is for a period of five years and will expire on January 31, 2014. Submitted by: Dianne Cornaro, Administrative Clerk January 8, 2009 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 4 Spencer Street, Map 22, Lot 6 The Chairman opened the hearing at 7:50 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 Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Historic District Commission and the Zoning Administrator. Dan Cameron, brother of the owners, Matthew and Rita Cameron, presented the petition. The relief sought is for a special permit in accordance with the Zoning By -Law section 135 -32 (C) to demolish and rebuild a portion of a non - conforming home. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:55 pm. On a motion by Carolyn Wilson and seconded by John T. Gilbert, the Board voted 5 -0 to approve the special permit to demolish and rebuild a portion of a non - conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk January 8, 2009 ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 9 Marlboro Road, Map 25, Lot 20 The Chairman opened the hearing at 7:55 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 Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator. Eran Orgad, owner of the property, presented the petition. The relief sought is for a special permit in accordance with the Zoning By -Law section 135 -29 (A) to allow renovation of a nonconforming structure. The Board questioned if the home currently has a garage. The small garage will remain. They will be building within the existing structure with no change to the foundation. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 7:58 pm. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve the special permit to allow renovation of the nonconforming structure at 9 Marlboro Road. Submitted by: Dianne Cornaro, Administrative Clerk January 8, 2009 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 409 Massachusetts Avenue, Map 21, Lot 10 The Chairman opened the hearing at 7:55 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 Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Zoning Administrator, the Building Commissioner, the Conservation Administrator and the Planning Administrator. A letter of support was received from Barbara C. Elia of 443A Massachusetts Avenue. George Grey, Jr. owner of Lexington Toyota presented the petition. The relief sought is for a variance to allow a 6 -in. side -yard setback instead of the required 5 -ft. side -yard setback for a driveway. A variance had been granted for this on June 12, 2003 to a previous owner but the work had not been done. The Board asked why the work had not been done when originally granted. The applicant explained due to financial constraints at the time the work had not been done by the previous owners. The Board also wanted to know about the screening between the dealership and the houses and wanted to know if Lexington Toyota would continue to plow. The applicant answered they would continue to plow and they would continue to maintain the hedges. There were no questions from the audience. No one spoke in favor of the petition or in opposition of the petition. The hearing closed at 8:08 pm. January 8, 2009 ZBA Minutes 8 On a motion by John T Gilbert and seconded by Carolyn C. Wilson, the Board voted 5 -0 to approve the variance in accordance with the Zoning By -Law sectionl35 -67 (B) to allow a paved driveway with a side yard setback of 6- inches instead of the required 5 ft side yard setback with the condition that the shrubs between the houses and Lexington Toyota shall be maintained by Lexington Toyota. Submitted by: Dianne Cornaro, Administrative Assistant January 8, 2009 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning Administrator and Garry Rhodes, Building Commissioner Petition Address: 9 Old Shade Street, Map 11, Lot 27 The Chairman opened the hearing at 8:08 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 Director, Board of Selectmen, Zoning Administrator and the Planning Administrator. Comments were received from the Building Commissioner and the Zoning Administrator. The applicant, Domenic Trano of 5 Old Shade Street presented the petition. Mr. Trano had a court recorder with him at the hearing. Mr. Trano seeks to appeal the issuance of a building permit for the garage located at 9 Old Shade Street. The building permit ( #08 -879) was issued on October 14, 2008. Mr. Trano filed his appeal within 30 -days of becoming aware of the issuance of the building permit. Prior to the issuance of the 2008 building permit, the site owner received a special permit in 2001, from the ZBA, to allow the garage to be sited on the lot on a temporary basis. § 135 -91 of the Zoning By -law authorizes placement of a temporary structure for a maximum period of two years. The provision also allows for relaxation of dimensional controls. In addition to the special permit, a temporary structure requires a building permit. Subsequent to the special permit expiration, the garage remained on site never receiving a building permit. As early as 2003, apparently in response to a complaint by the abutter at 5 Old Shade Street, the Zoning Enforcement Officer (ZEO) wrote a zoning notification letter to the site owner. The ZEO, at that time, sought removal of the structure because the special permit lapsed. The garage was not removed nor was a building permit sought. More recently, in 2006, the abutter filed a complaint with the Building Division. In response to that complaint, the enforcement action was renewed. The action resulted in a Verified Complaint filed at Middlesex Superior Court. As a result of the complaint, the site owner entered into an agreement with the town and has since taken steps to rectify the matter. January 8, 2009 ZBA Minutes 10 During his presentation Mr. Trano stated that he thought it was a conflict of interest to have the Zoning Administrator, David George, sit in on the hearing with the Board. The petitioner presented exhibits to the Board that had been included in his application packet. The Board asked Mr. Trano to explain what it was he was before the Board for, not to explain the laws and what material had been submitted. Mr. Trano asked the chairman to allow him to continue, he had spent a long time preparing his presentation. Mr. Barnert allowed him to continue but after listening to more the chairman stopped Mr. Trano again stating the information Mr. Trano was giving was regarding a variance and this hearing has nothing to do with a variance. The Chairman told Mr. Trano that the Board had heard nothing regarding the appeal of the Building Commissioner. Mr. Trano explained the information he was presenting was regarding filed enforcement complaints. The applicant felt the garage was not built to code, that it is being used for commercial purposes and he believed the garage encroached into the setback area. A member of the Board wanted to know if this appeal could even be acted on. David George, the Zoning Administrator gave a history of the complaint stating the special permit had elapsed and that the Building Department had been working with the owner of 9 Old Shade Street to rectify the fact that they owner did not have the proper building permits for the garage. The owner has satisfied the conditions set by the Building Commissioner to bring the garage up to code and the garage is within the set back requirements. It does not need a special permit or a variance to be allowed. The Chairman explained to Mr.Trano that is the Board's role to speak of the Building permit not the special permit from 2001. The Board discussed the setback requirements, which are met and had agreed that the question of commercial use is not before them. The Chairman asked the Building Commissioner, Garry Rhodes to explain to the Board why the building permit was appropriate. The garage is an allowed use and it meets the set back requirements. June Goodwin of 49 Concord Avenue asked if the fines had been paid and why had the owner at 9 Old Shade Street ignored the town's enforcement. The Chairman told her that is not an issue for the Board and that only Courts can force fines to be paid. No one spoke in favor of the petition. John Fisher of 511 Concord Road spoke in support of not issuing the building permit. January 8, 2009 ZBA Minutes 11 The hearing closed at 8:40 pm. On a motion by John T. Gilbert and seconded by Carolyn C. Wilson, the Board voted 0 -5 to approve the request that the Board permit was issued improperly. The motion was denied. Submitted by: Dianne Cornaro, Administrative Clerk Minutes of the Lexington Zoning Board of Appeals January 8, 2009 ZBA Minutes 12 Selectmen's Meeting Room, Lexington Town Hall January 8, 2009 Board Members Present: Chairman — Nyles N. Barnert, Arthur C. Smith, Judith J. Uhrig and Carolyn C. Wilson and Associate Member John T. Gilbert Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 145 Grove Street, Map 87, Lot 12 The Chairman opened the hearing at 8:41 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 Director, Board of Selectmen, Zoning Administrator and the Planning Board. Comments were received from the Conservation Administrator and the Zoning Administrator. Wetlands Identifications Surveyor, David Sperputo, presented the petition for the applicant and owners of the property, Shmuel and Anet Katzelnik. At the hearing a letter of support from Henry Buccigross and Lillian Rehder of 146 Grove Street was submitted. The relief sought is for a variance to allow a portion of an existing structure to be three stories instead of the required 2.5 stories and a special permit to allow for reconstruction after demolition a portion of a nonconforming structure to add a third story over the existing two -story section (nearest northern lot line). . The Board had no questions for the applicant. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:46 pm. On a motion by Carolyn C. Wilson and seconded by Judith J. Uhrig, the Board voted 5 -0 to approve a variance in accordance with the Zoning By -Law (Chapter 135 of the Code of Lexington) section 135 -35 (A), Table 2 of the Dim.Controls to allow for height of a portion of the structure to be 3 stories instead of the required 2.5 stories. January 8, 2009 ZBA Minutes 13 On a motion by John T. Gilbert and seconded by Arthur C. Smith, the Board voted 5 -0 to approve the special permit in accordance with section 135 -32 C to allow reconstruction after demolition of a portion of the nonconforming structure. Submitted by: Dianne Cornaro, Administrative Clerk Other Business: On a motion by Arthur C. Smith and seconded by Carolyn C. Wilson, the minutes from the December 11, 2008 Board of Appeals hearing were approved.