HomeMy WebLinkAbout2012-09-13 -ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
The Chairman opened the meeting at 7:30 pm and requested a motion from the Board
to continue the hearing scheduled for 7:30 pm for 7-11 Massachusetts Avenue to be
heard at 8:45 pm.
On a motion by Leo P. McSweeney and seconded by John J. McWeeney the Board
voted 5-0 to continue the hearing until 8:45 pm.
BOA Meeting September 13, 2012 2
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 15 Slocum Road, Map 48, Lot 8
Petitioner submitted the following information with the application: nature and
justification of request, topographic plan and an additional letter of clarification from
Attorney Fenn.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the
Zoning Administrator, the Planning Director and the Historic Districts Commission
Clerk. Comments were received from the Building Commissioner and the Zoning
Administrator.
The Chairman opened the hearing at 7:32 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting a variance in accordance with the Zoning By-law (Chapter
135 of the Code of Lexington) Section 135-38A (2) to allow a side yard setback of
3.54 ft. instead of the required 12 ft. side yard setback.
Attorney Thomas Fenn presented the petition for the owners of the property, Dave and
Sandra Schwartz. Speedwagon Partners, LLC were the original applicants until the
property was sold to Dave and Sandra Schwartz.
Attorney Fenn presented the Board with a petition in support of the project signed by 6
abutters.
A Board member asked if they had heard any comments or concerns from the abutter
regarding the carriage house that is close to the lot line. The applicant told the Board
the abutter has no issue with the fireplace and is present at the hearing in support of
the petition.
A Board member was confused with the fireplace as a structure and asked the zoning
administrator to clarify.
There were no questions from the audience.
Christina McLaughlin of 19 Slocum Road and Dan Cooper of 16 Slocum Road spoke
in support of the petition.
BOA Meeting September 13, 2012 3
No one spoke in opposition of the petition.
The hearing was closed at 7:44 pm.
On a motion by Martha C. Wood and seconded by Leo P. McSweeney the Board
voted, 5-0 to approve a variance in accordance with the Zoning By-law (Chapter 135
of the Code of Lexington) Section 135-38A (2) to allow a side yard setback of 3.54 ft.
instead of the required 12 ft. side yard setback.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 4
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 1 Childs Road, Map 50, Lot 209
Petitioner submitted the following information with the application: nature and
justification of request, topographic plan, plot plan, elevations and floor plans.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the
Zoning Administrator, the Planning Director and the Historic Districts Commission
Clerk. Comments were received from the Building Commissioner; the Conservation
Administrator and the Zoning Administrator.
The Chairman opened the hearing at 8:07 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting a SPECIAL PERMIT from Section 135-29A to allow
vertical expansion of a nonconforming structure to construct a roof over the existing
nonconforming stairs.
Jay Kaufaman, owner of the property, presented the petition to the Board by
explaining the plans for the proposed roof over the stairs.
There were no questions from the Board or from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 7:47 pm.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 2-3 to grant a SPECIAL PERMIT from Section 135-29A to allow vertical
expansion of a nonconforming structure to construct a roof over the existing
nonconforming stairs.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 5
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 24 Rindge Avenue, Map 20, Lot 73
Petitioner submitted the following information with the application: nature and
justification of request, plot plan, plans, photographs and a request for a waiver from
the plot plan requirements.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the
Zoning Administrator, the Planning Director and the Historic Districts Commission
Clerk. Comments were received from the Zoning Administrator.
The Chairman opened the hearing at 7:47 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting a SPECIAL PERMIT from section 135-32C to allow
reconstruction after destruction of a nonconforming structure.
Jan Nowselski, owner of the property, presented the application.
Mr. Nowselski explained to the Board the the proposed changes to the front steps and
landing.
A Board member questioned the design of the landing and stairs.
There were no questions from the audience.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 7:52 pm.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to grant a waiver to the plot plan requirement.
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to grant a SPECIAL PERMIT from section 135-32C to allow reconstruction
after destruction of a nonconforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 6
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning
Administrator and Town Council, Attorney Kevin Batt
Address: 101 Cliffe Avenue, Map 20, Lot 123A
Petitioner submitted the following information with the application: nature and
justification of request, topographic plan, mortgage plot plan, elevations, floor plans
and a request to waive the certified plot plan requirements.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the
Zoning Administrator, the Planning Director and the Historic Districts Commission
Clerk. Comments were received from the Zoning Administrator.
The Chairman opened the hearing at 7:52 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting a VARIANCE from Section 135-29A (1) to allow
maintenance of a 4 ft. rear yard setback instead of the required 15 ft. rear yard
setback and a SPECIAL PERMIT from section 135-29A to allow a nonconforming
structure to be vertically extended.
Barbara Najarian, owner of the property, presented the application.
A Board member asked when was the roof built. She thinks in 1985.
There were no questions from the audience.
No one spoke in favor or opposition to the petition.
The hearing was closed at 7:56 pm.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to grant a waiver to the plot plan requirement.
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve the VARIANCE from Section 135-29A (1) to allow maintenance
of a 4 ft. rear yard setback instead of the required 15 ft. rear yard setback; and
BOA Meeting September 13, 2012 7
On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the Board
voted 5-0 to grant the SPECIAL PERMIT from section 135-29A to allow a
nonconforming structure to be vertically extended.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 8
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning
Administrator and Town Council, Attorney Kevin Batt
Address: 411 Waltham Street, Map 32, Lot 14
Petitioner submitted the following information with the application: nature and
justification of request, plot plan, sign plans and banner log sheet.
Prior to the hearing, the petition and supporting data were reviewed by the Building
Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the
Zoning Administrator, the Planning Director and the Historic Districts Commission
Clerk. Comments were received from the Zoning Administrator.
The Chairman opened the hearing at 7:57 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting SPECIAL PERMIT – Section 135-78(D) and in
accordance with 135-11 to allow for more or larger signs than are allowable under the
Zoning Bylaw.
Suren DerAvedisian, applicant and General Manager of Crushed Grapes, presented
the application.
Mr. DerAvedisian presented the Board a letter of support from Stephen Potter, Trustee
of WM G Potter Realty Trust, owner of the building.
One of the Board members commented that he was surprised to be hearing they were
asking for more signage. He thought the Board had given them a lot of special permits
for signage in the last couple of years, more so than anyone else. The applicant
stated the sandwich boards stimulates business from drive bys.
Another Board member asked why a second sandwich board was needed by the door.
There were no audience questions.
No one spoke in favor or in opposition to the petition.
The hearing was closed at 8:04 pm.
During discussion Board members were concerned with the number of sandwich
boards the applicant was asking for.
BOA Meeting September 13, 2012 9
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 4 to 1, with John J. McWeeney opposing, to grant a special permit to allow for
the banner sign to be up hung for 20 weeks during the year instead of the current 14
weeks and to allow for 1 sandwich board. This special permit will expire on December
31, 2013.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 10
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning
Administrator and Town Council, Attorney Kevin Batt
Address: 1776 Massachusetts Avenue
The Chairman read a letter from the applicant, Diedre Niemann, requesting the
application for a special permit from section 135-78D to allow for more or larger signs
than are allowable under the Zoning Bylaw be withdrawn without prejudice.
On a motion by John J. McWeeney and seconded by Leo P. McSweeney, the Board
voted 5-0 to allow the petition to be withdrawn without prejudice.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 11
Minutes of the Lexington Zoning Board of Appeals
Estabrook Hall, Cary Memorial Building
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk, David George, Zoning
Administrator and Town Council, Attorney Kevin Batt
Address: 7-11 Massachusetts Avenue, Map 13, Lots 416, 417, 422
This hearing was continued from August 23, 2012.
The Chairman read the following list of items submitted since the last hearing:
1. August 20, 2012 – Letter from Attorney Dailey with copies of plan related to
Bow Street parcel and a copy of letter received from Town of Lexington dated
January 22, 2007, relating to parking vehicles.
2. August 23, 2012 – E-mail from Ellen Basch – Mal’s Hearing and Settlement -F/u
on ZBA hearing
3. August 24, 2012 – E-mail from Ivan Basch – Mal’s Hearing and Settlement-
questions
4. August 27, 2012 – E-mail from Ellen Basch – Note to ZBA
5. September 5, 2012 – Letter from Attorney Alan D. Rose, Jr. representing Ellen
and Ivan Basch
6. September 11, 2012 – Letter from Arlington Housing Authority
7. September 11, 2012 – Letter from Attorney Dailey with an affidavit of Aurio J.
Pierro
8. September 12, 2012 – Parking layout received from Attorney Dailey.
Attorney Kevin Batt asked that an e-mail between the Zoning Administrator and
Attorney Batt be stricken from the list as it is not part of the public record.
Attorney Dailey went over the changes in the settlement agreement and the intention
of Mr. Keljikian to lease an additional 16 ft. He also asked that the “findings of fact’ he
sent to the Board on August 23, 2012 be incorporated into the decision.
Malcolm Keljikian, Jr. spoke to the Board regarding their efforts to be good neighbors
and to keep their property looking good. He stated not all the noise the abutters are
complaining about is coming from Malls.
One of the Board members asked to see a copy of the present lease with the MBTA.
He wanted to know what rights Mals had under the agreement.
Another Board member asked what area would be planted. He would like to see a
landscape plan.
BOA Meeting September 13, 2012 12
A Board member was confused with how many parking spaces they were asking for.
She cannot understand where 80 cars could be parked during the day. Attorney
Dailey responded they will need the MBTA land to park 80 cars during the day. She
would like to see a parking plan map that shows where 80 cars can be parked.
It was asked by another Board member if all conditions could be incorporated into the
agreement. Both Attorneys’ agreed that there could be an addendum with the
conditions.
A Board member asked if the paving will be done within the next 2 weeks.
Joel Adler of 22 Village Circle and a Town Meeting Member from Princinct 1 asked
about a determination of grandfathering the operation of Mal’s. Attorney Batt
answered that Attorney Dailey is asking for that decision. If this proceeds into litigation
then this will be worked out there.
Mr Adler also asked if the abutters would be part of the settlement agreement and
wanted to know why a second executive session was needed. Attorney Batt replied
that the settlement agreement was worked out between the Town Manager, the
Lexington Selectmen, the Town council and Mr. Keljikian and his lawyers in August.
The executive session was not to put together the settlement.
John Bartenstein Town Meeting Member from Princinct 1 asked if the settlement
agreement was not binding on the Board of Appeals. Yes, the Board has an
independent determination.
Mr. Bartenstein spoke of the Bylaw and his concerns with the settlement agreement.
Attorney Anthony Caliendo, 1520 Massachusetts Avenue, Arlington spoke of all the
violations that have occurred.
A Board member asked Attorney Batt to clarify how this settlement agreement was
done and that the ZBA did not have any part of it. Attorney Dailey commented that he
was never in any executive session with any Town Board.
Derek Moody of 8 South Rindge Avenue wanted to make sure the hours of operation
would be addressed by the Board.
Ed Trembly of White Street in Arlington spoke in support of Mal’s operation.
David Brau an employee of Mr. Keljikian also spoke in length of his support with the
petition.
A discussion followed regarding the Boards feelings for the hours of operation.
A Board member said he would not like to make a decision until the Board had the
opportunity to see the Lease Agreement with the MBTA.
The Chairman was in agreement that she would like to see the agreement as well.
BOA Meeting September 13, 2012 13
After a discussion, Attorney Batt told the Board he could prepare a draft agreement to
incorporate changes regarding parking plans that would show night parking, additional
day parking for 80 cars and a planting plan.
Board members wanted to hold off executing the settlement agreement with the Town
Manager until after the decision was reached. They asked for the following documents
before the next hearing:
Revised Parking Plan for Parcel X
Current lease for MBTA land south of hike and bike trail
A landscape plan for along the hike and bike trail
On a motion by Leo P. McSweeney and seconded by Martha C Wood, the Board
voted 5-0 to continue the hearing until Thursday, September 27, 2012 at 7:45 pm.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting September 13, 2012 14
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
September 13, 2012
Board Members Present: Chairman – Carolyn C. Wilson, John J. McWeeney, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and Garry Rhodes, Building
Commissioner
Other Business:
At 8:10 pm the Chairwoman requested a motion to go into Executive Session to
discuss strategy with respect to litigation involving the matter of George V. Keljikian.
Holding an open session on this matter may have a detrimental effect on the Town’s
negotiating position. Further, upon conclusion of the executive session, The Board of
Appeals will reconvene in open session at approximately 8:45 pm.
On a motion by Martha C. Wood and seconded by John J. McWeeney, the Board
voted with a roll call vote by Leo P. McSweeney, John J. McWeeney, Carolyn C.
Wilson, David G. Williams and Martha C. Wood to go into executive session and to
reconvene at 8:45 pm. The Board returned to open session at 8:50 pm.
On a motion by John J. McWeeney and seconded by Martha C. Wood, the Board
voted 5-0 to accept the hearing minutes of August 23, 2012 with corrections.
On a motion by Leo P. McSweeney and seconded by John J. McWeeney, the meeting
was adjourned.
Submitted by: Dianne Cornaro, Administrative Clerk