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HomeMy WebLinkAbout2008-08-14-ZBA-min Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Old Business: 1. On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted 3- 0 to accept the minutes of the July 24, 2008 hearing. John McWeeney and Leo P. McSweeney were not present at the July 24, 2008 hearing. 2. A letter was received from Karen Iverson of 100 Meriam Street requesting a sixth month extension of a variance that was granted at the September 13, 2007 hearing. On a motion by Carolyn C. Wilson and seconded by Nyles N. Barnert, the Board voted 5 -0, to extend the variance for a six months. The variance will expire if the work is not started by March 13, 2009. August 14, 2008 ZBA Minutes 2 New Business: Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 700 Waltham Street, Map and Lot: 16 -48A The Chairman read a letter from Attorney William J. Dailey, Jr. requesting to postpone the hearing for 700 Waltham Street until August 28, 2008. On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted 5 -0 to postpone the hearing until August 28, 2008. Submitted by Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 397 Lowell Street, Map and Lot: 46 -37 The relief sought is for a Special Permit to allow a takeout restaurant. The Chairman opened the hearing at 7:33 PM by reading the legal notice 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 Building Commissioner, Health Director, Selectmen's Office and the Zoning Administrator. Mrs. Pantipa Songtachalert, owner of the restaurant, presented the petition. The petitioner seeks to open a take -out restaurant in the vacant space. The existing structure contains four storefronts at street - level, seven offices located on the second floor, and basement storage space. The proposed take -out food establishment would replace a retail store. The Board asked how they were going to handle the odors of the restaurant, if they were going to have tables and if they could require staff to park in the rear of the building. There were no questions from the audience. Jack Bojakian, owner of Countryside Plaza spoke in concern of parking issues at the 397 Lowell Street site. He does not want people using his lot across the street to park. No one spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 7:43 PM. August 14, 2008 ZBA Minutes 4 On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5 -0 to grant the special permit to allow operation of a take -out Thai restaurant. This special permit is granted subject to the following conditions: 1. Permitted hours of operation are 11:00 AM to 10:00 PM, seven days a week. 2. Signage to offer "Additional Parking in Rear of Building" will be added. 3. Parking spaces will be striped. 4. One Handicapped parking space to be added in the front of the building. 5. No disagreeable odors will be allowed to emit from the building. 6. There will be no consumption of food on the premises other than by employees. 7. Proper ventilation equipment will be maintained to eliminate cooking odors. 8. There will be frequent disposal of trash from a locked dumpster, in accordance with the Town's specifications and regulations. 9. This special permit is granted for one year and will expire on September 30, 2009. Submitted by: Dianne Cornaro, Administrative Clerk August 14, 2008 ZBA Minutes 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 177 Bedford Street, Map and Lot: 64 -75A The relief sought is for a Special Permit in accordance with section 135 -88 -A (1) and 135 -91 G (1) of the Zoning Bylaw to allow installation of a personal wireless services facility. The Chairman opened the hearing at 7:44 PM by reading the legal notice 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, The Planning Board, the Design Advisory Committee and the Communication Advisory Committee. Comments were received from the Communication Advisory Committee and the Zoning Administrator. Adam Braillard, Attorney for the project, presented the petition for the applicant Metro PCS Massachusetts, LLC. Bryan Eicens, Sr. RF Engineer for metroPCS, Inc. and David Archambault, Site Acquisition Specialist for metroPCS, Inc. was also present to answer questions. The petitioner seeks to co- locate a new wireless telecommunications facility at the site of an existing wireless telecommunications facility. The existing facility consists of antennas located inside an approximately 100 -ft. tall pole and equipment cabinets located at the pole's base in an area enclosed by a fence. The new facility, as proposed, consists of three (3) panel antennas, cabling, two (2) cabinets, one (1) battery backup cabinet, and one (1) GPS antenna mounted with the cabinets. The antennas and cabling are proposed to be located in the pole. The equipment, cabling, and GPS antenna are proposed to be located at the pole's base. The Board asked where the location of the antennas would be on the pole and if they would co- exist with other carriers. The Board also asked what the process was for the communication facility to get the sites and are they actively seeking other sites. August 14, 2008 ZBA Minutes 6 One of the Board members confirmed that there would be only 3 carriers on this antenna. The noise study and the existing fence around the facility were also discussed. Roger Shamel of 175 Bedford Street had questions regarding the radio frequency and the radiation from the site. He also asked what the typical rental was for an antenna on a site. There were no questions from the audience. Roger Shamel of 175 Bedford Street spoke in favor of the petition. No one spoke in opposition of the petition. The hearing closed at 7:57 pm. On a motion by Nyles N. Barnet and seconded by Carolyn C. Wilson, the Board granted a special permit in accordance with section 135 -88 -A (1) and 135 -91 G (1) of the Zoning Bylaw to allow installation of a personal wireless services facility for a term of fifteen years at 177 Bedford Street. Submitted by: Dianne Cornaro, Administrative Clerk August 14, 2008 ZBA Minutes 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 16 Skyview Road, Map and Lot: 90 -94 The relief sought is for a Variance to allow a fence /wall to exceed height requirement of 6 -ft. b- in. (including post). The Chairman opened the hearing at 7:58 PM by reading the legal notice 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, and The Planning Board. Comments were received from the Zoning Administrator. Letters of support were received from: 12, 13, 21 Skyview Road and 94 Winter Street. Attorney Michael Rubin presented the petition for the owner of the property, Yves Baril. At the hearing Attorney Rubin presented 6 pictures of the house and fence as it is built. Currently located on the lot is a wall with accessory light fixtures located on or near the front and side lot lines. The maximum height of the wall and light fixture is 8 -ft. 4 -in. The wall has been constructed. The applicant is before the ZBA because of an enforcement action relative to the wall height and seeks relief retroactively. They had been under the understanding that their contractor had taken all necessary permits out for the project. The Board asked for clarification of how many posts were over the height requirement. There was a discussion of the reason for the lights on the fence posts, how would he feel if the Board requested that the lights that were too high were taken off, the Board's responsibility to grant the variance and the issue of the topography of the lot. There were no questions from the audience. Crystaline Hoffman of 4 Wright Street, Marsha Mitchell of 21 Skyview Road, Doloris Goodie of 22 Skyview Road and Michael Kidney of 17 Cottage Street spoke in favor of the petition. No one spoke in opposition of the petition. August 14, 2008 ZBA Minutes 8 The hearing closed at 8:25 pm. The Board agreed that the topography of the lot was a hardship for the petitioner. On a motion by Leo P. McSweeney and seconded by Carolyn C. Wilson, the Board voted 5 -0 to grant the variance for the fence to exceed the 6' 6" height restrictions as it is currently built. Submitted by: Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 9 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 4 Chandler Street, Map and Lot: 56 -150 The relief sought is for a variance in accordance with the Zoning By -Law section 135 -35A, table 2 of the Dimensional Controls to allow a rear -yard setback of 4 -ft. instead of the required 15 -ft. rear yard setback The Chairman opened the hearing at 8:25 PM by reading the legal notice 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 and The Planning Board. Comments were received from the Building Commissioner, Conservation and the Zoning Administrator. Bill Erickson, Architect for the project, presented the petition for the owners Ivor and Barbara Morgan. Presently located on the lot is a single - family detached dwelling with an attached garage on a corner lot with 9,994 sq. ft. and approximately 107 ft. of frontage. The structure is non- conforming with respect to the side- (Upland Road) and rear -yard setbacks. The applicant seeks to demolish the existing garage and construct a one -car approximately 300 sq. ft. detached garage. Because the garage intrudes into the rear yard setback, a variance is required. The applicant, in its materials accompanying the application, states that the lot is affected by topographic considerations (16 +% grade over the lot), which places a practical limit on where a garage may be constructed on the lot. In addition, the applicant cites sub - surface drainage issues affecting the lot. The applicant indicated in its materials that the leach fields and new location of the garage, as proposed, would mitigate the sub - surface drainage effects on the lot. The Board asked how much separation there would be between the 2 structures and how was the drainage going to be handled. The architect had said he had proposed drywells into his plans to address drainage. There were no questions from the audience. No one spoke in favor or in opposition of the petition. August 14, 2008 ZBA Minutes 10 The hearing closed at 8:34 pm. On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted, 5 -0 to approve the variance to allow a rear yard set back of 4 -feet instead of the required 15 foot rear yard setback at 4 Chandler Street with the condition that they construct 2 drywells as shown on plans submitted with the application. Submitted by: Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 11 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 17 Merriam Street, Map and Lot: 56 -140 The relief sought is for a variance to allow a side -yard setback of 5 -ft. instead of the required 20- ft. side -yard setback. The Chairman opened the hearing at 8:35 PM by reading the legal notice 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 and The Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. James DeCoulos, a member of the Church and an Environmental Engineer, presented the petition. The existing structure is non - conforming with respect to front and side -yard setbacks. The applicant seeks to construct a handicapped accessible ramp and add a canopy over the Oakland Street entrance as part of a project that would also modify portions of the interior space. Because the canopy intrudes into the side yard setback, a variance is required. No relief is required for the ramp, since it is exempted use. The canopy would extend approximately 7 -ft. from the structure. The existing distance of the structure to the side lot line is 12 -ft. 7 -in. The Board asked for clarification of the plans and spoke of the elevation of the street, the trees that would need to be taken down and replaced, the handicapped ramp and asked for the size of the landing and canopy. It was also asked who was doing the sidewalk work. (Town) The Board complimented the Church on the plans. David Parker of 1 Oakland Street asked what impact this project would have on the neighbors, (improve the area) what color and material was the canopy, (not decided yet) what trees would be taken down, (4) if the location of the dumpster would change (no) and if the underground tank was to be removed. (yes). Mr. Parker spoke in favor of the petition. August 14, 2008 ZBA Minutes 12 No one spoke in opposition of the project. The hearing closed at 8:53. On a motion by Leo P. McSweeney and seconded by Nyles N. Barnert, the Board voted, 5 -0, to approve the variance to allow a side -yard setback of 5 -ft. instead of the required 20 -ft. side -yard setback at 17 Meriam Street with the condition that canopy would be a maximum of 5 -feet and would not extend over landing according to plans received at the hearing. Submitted by Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 13 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 28 Reed Street, Map and Lot: 65 -12 The relief sought is for a variance to allow a side -yard setback of 9 -ft. instead of the required 15- ft. side -yard setback. The Chairman opened the hearing at 7:44 PM by reading the legal notice 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 and the Planning Board. Comments were received from the Conservation Administrator and the Zoning Administrator. Peter C. Jones, owner of the property, presented the petition. Presently located on the lot is a single - family dwelling and with a detached garage. The lot area and frontage are 12,315 sq. ft. and 180 -ft. respectively. The structure is non - conforming with respect to side -yard setbacks. The applicant seeks to demolish the existing deck and rebuild an approximately 12 -ft. by 18.5 -ft. deck. The current deck is located 10.2 -ft. from the side lot line at its nearest point. The proposed deck would be located 9 -ft. from the lot line at its nearest point. The applicant indicated the existing deck is rotted and represents a safety hazard and is the only practical location for egress from the structure. One of the Board members asked the Zoning Administrator to clarify why the petition was for a variance instead of a special permit. The Chairman asked if the petitioner had spoken with Conservation; the petitioner replied that he had met with Karen Mullins. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 8:58. During discussions the Board agreed that the shape of the lot was a hardship. August 14, 2008 ZBA Minutes 14 On a motion by Carolyn C. Wilson and seconded by Leo P. McSweeney, the Board voted 5 -0 to approve the Variance to allow a side -yard setback of 9 -ft. instead of the required 15 -ft. side -yard setback. as shown on the plans submitted. Submitted by Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 15 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 2 Wachusett Circle, Map and Lot: 33 -248 The relief sought is for a variance: to allow a side -yard setback of 7.68 -ft. instead of the required 12 -ft. side -yard setback. The Chairman opened the hearing at 8:58 PM by reading the legal notice 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 and the Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. Amy White, owner of the property, presented the petition. Presently located on the corner lot is a single - family dwelling. The lot has an area of 9,289 sq. ft. and 81.75 -ft. frontage. The structure is non - conforming with respect to side- and front -yard setbacks. The applicant seeks to demolish the existing deck, construct an approximately 350 sq. ft. one story addition, and a new approximately 320 sq. ft. deck. Because both the addition and deck intrude into the side -yard setback a variance is required. 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 was closed at 9:01 pm The Board agreed the shape of the lot was a hardship. On a motion by Nyles N. Barnert and seconded by Carolyn C. Wilson, the Board voted 5 -0, approved the variance to allow a side -yard setback of 7.68 -ft. instead of the required 12 -ft. side - yard setback. at 2 Wachusett Circle. Submitted by Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 16 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 28 Watertown Street, Map and Lot: 8 -79 The relief sought is for two variances: to allow a side -yard setback of 5 -ft. instead of the required 15 -ft. side -yard setback; and to allow a front -yard setback of 28 -ft. instead of the required 30 -ft. front -yard setback.. The Chairman opened the hearing at 9:02 PM by reading the legal notice 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 and the Planning Board. Comments were received from the Conservation Administrator and the Zoning Administrator. David Mullen, Architect for the project, presented the petition for the owners of the property, Mary Kriener and Ruth Widerski. Presently located on the lot is a single - family detached dwelling. The lot has an area of 12,750 sq. ft. and 100 -ft. frontage. The applicant seeks to construct an 18 -ft. by 22 -ft. one car garage. Currently, parking for the lot is within the front yard setback nearest Watertown Street. Because the proposed garage intrudes into the setbacks, variances are required. The applicant indicated and provided information that shows topographic issues affecting the lot. The lot slopes from 230 ft. to 208.4 ft. from the rear to the front of the lot. The Board asked if when backing out of the garage will the petitioners need to back out into the street. The petitioner explained they do not back into the street. There were no questions from the audience. No one spoke in favor or in opposition of the petition. The hearing closed at 9:06. The Board agreed the topography of the lot was a hardship for these variances. August 14, 2008 ZBA Minutes 17 On a motion by Nyles N. Barnert and seconded by John J. McWeeney the Board voted, 5 -0, to approve the variance to allow a side -yard setback of 5 -ft. instead of the required 15 -ft. side - yard setback.. On a motion by Carolyn C. Wilson and seconded by John J. McWeeney the Board voted, 5 -0, to approve the variance to allow a front -yard setback of 28 -ft. instead of the required 30 -ft. front - yard setback.. Submitted by Dianne Cornaro, Clerk August 14, 2008 ZBA Minutes 18 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room, Lexington Town Hall August 14, 2008 Board Members Present: Chairman — Arthur C. Smith, Nyles N. Barnert, John J. McWeeney, Carolyn C. Wilson, and Associate Member Leo P. McSweeney Staff present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 7 Smith Avenue, Map and Lot: 22 -287 The relief sought is for a variance to allow a front -yard setback of 16.6 -ft. instead of the required 30 -ft. front -yard setback. The Chairman opened the hearing at 9:02 PM by reading the legal notice 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 and the Planning Board. Comments were received from the Building Commissioner and the Zoning Administrator. Wilbur and Kathy Swan, owners of the property, presented the petition. Presently located on the lot is a single - family dwelling. The lot has an area of 10,610 sq. ft. and 70 -ft. frontage. The structure is non - conforming with respect to the front -yard setback. The applicant seeks to remove a portion of the existing structure and construct an approximately 840 sq. ft. addition, including porch extension. Currently the front steps are 17.5 -ft. from the front lot line. As proposed, the stairs would be 16.6 -ft. from the front lot line. Because both the proposed stairs and deck extension intrude into the front setback, a variance is required. The applicant indicated that the placement of the structure on the lot and topography limits practical expansion of the structure. The Board asked the petitioner about the construction of a drywell. The petitioner will speak with their builder and architect. There were no questions from the audience. No one spoke in favor or in opposition of the application. The hearing closed at 9:11 pm. The Board agreed the topography of the lot was a hardship. August 14, 2008 ZBA Minutes 19 On a motion by Leo P. McSweeney and seconded by Nyles N. Barnert, the Board voted 5 -0, to approve the variance to allow a front -yard setback of 16.6 -ft. instead of the required 30 -ft. front - yard setback. at 7 Smith Avenue. Submitted by Dianne Cornaro, Clerk