HomeMy WebLinkAbout2012-10-25-ZBA-Min
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 25, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
The Chairman opened the meeting at 7:30 pm asking for a motion for the election of
officers.
On a motion by David G. Williams and seconded by Jeanne K. Krieger, the Board
unanimously voted to appoint the slate of officers for the upcoming year as follows:
Carolyn C. Wilson, Chairman
Martha C. Wood, Vice Chairman
Leo P. McSweeney, Clerk
On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board
unanimously voted to appoint Dianne L. Cornaro as the Administrative Clerk for the
coming year. Chairwoman Carolyn C. Wilson publically thanked Dianne and the
Zoning Administrator, David George for their work in preparing the candidates and
putting together the meetings for the Board.
David G. Williams welcomed new Board member Jeanne K. Krieger.
BOA Meeting October 25, 2012 2
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 25, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 17 Smith Avenue, Map 22, Lot 282
Petitioner submitted the following information with the application: nature and
justification of request, topographic plan, plot plan, elevations, building plans and a
copy of the Building Permit issued June 12, 2012.
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, the Historic Districts Commission Clerk
and Economic Development. Comments were received from the Zoning
Administrator.
The Chairman opened the hearing at 7:36 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting a Variance in accordance with 135-35A, Table 2,
Schedule of Dimensional Controls of the Zoning Bylaw to allow a front yard setback of
26.5 ft instead of the the required 30 ft. front yard setback.
Kevin and Elham Hersberger, owners of the property, presented the petition.
There were no questions from the Board members.
No one spoke in favor or in opposition to the petition.
The Chairman closed the hearing at 7:35 pm.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve the Variance in accordance with 135-35A, Table 2, Schedule of
Dimensional Controls of the Zoning Bylaw to allow a front yard setback of 26.5 ft
instead of the the required 30 ft. front yard setback for 17 Smith Avenue.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 25, 2012 3
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 25, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Petition Address: 150 East Street, Map 62, Lot 23A
Petitioner submitted the following information with the application: nature and
justification of request, topographic plan, plot plan, photographs and a letter of support
from Guy and Elaine Doran of 168 East Street.
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 Planning Director and the Zoning
Administrator.
The Chairman opened the hearing at 7:35 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law
(Chapter 135 of the Code of Lexington) section 135-36B and 135-35A, Table 2,
Schedule of Dimensional Controls to allow a lot width of 100 ft. instead of the required
120 ft. minimum lot width and to allow a frontage of 103 ft. instead of the required 150
ft.
Craig Weeks, owner of the property, presented the petition to the Board by explaining
the history of the lot.
A Board member asked for clarification of how the lot would be changed.
Tom Tracey of 5 Holmes Road wanted to know how a building permit was issued
when there was this outstanding issue on the lot. The Zoning Administrator responded
that the building permit was separate from this issue that us before the Board.
Tom Tracey of 5 Holmes Road spoke in opposition to the petition.
Chris Groves of 144 East Street spoke in support of the petition.
The hearing was closed at 7:38 pm.
BOA Meeting October 25, 2012 4
On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board
voted 5-0 to approve a VARIANCE in accordance with section 135-36B to allow a lot
width of 100 ft. instead of the required 120 ft. minimum lot width at 150 East Street.
On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted
5-0 to approve a Variance in accordance with section 135-35A, Table 2, Schedule of
Dimensional Controls to allow frontage of 103 ft. instead of the required 150 ft. at 150
East Street.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 25, 2012 5
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 25, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Associate Member Ralph D. Clifford also sat for this hearing.
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 11 Hutchinson Road, Map 9, Lot 59
The petitioner submitted the following information with the application: nature and
justification of request, topographic plan, plot plan, elevations, floor plans, letter from
owner dated September 28, 2012 giving daughter permission to represent her and a
petition of support from abutters from 9 Hutchinson Road, 12 Hutchinson Road, 15
Hutchinson Road and 48 Webster Road.
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 Planning Director and the Zoning
Administrator.
The Chairman opened the hearing at 7:40 pm by reading the legal notice and
described information received from the petitioner.
Board member Jeanne K. Krieger stated she is an abutter to 11 Hutchinson Road but
has no financial interest in this hearing.
The applicant is requesting a Variance in accordance with section 135-19D (1) to allow
a lot area of 18,113 sq. ft. instead of the required 30,000 sq. ft. and a Special Permit
from section 135-19D to allow a special permit accessory apartment.
Adrienne Ortyl presented the application for her mother and the owner of the property,
Dianne Santamaria.
A Board member asked why it was necessary for a 2 car garage. He had a concern
that the lights turning into the driveway would impact neighbors. Ms. Ortyl answered
to allow handicapped accessibility parking for her parents and the driveway was
designed like all other driveways on street.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
BOA Meeting October 25, 2012 6
The hearing was closed at 7:49 pm.
The Board discussed whether there should be a condition that the apartment would be
for family only.
On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board
voted 5-0 to approve a Variance in accordance with section 135-19D (1) to allow a lot
area of 18,113 sq. ft. instead of the required 30,000 sq. ft.
On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board
voted 5-0 to grant a Special Permit from section 135-19D to allow a special permit
accessory apartment.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 25, 2012 7
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room
October 25, 2012
Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P.
McSweeney, David G. Williams and Martha C. Wood
Associate Member Ralph D. Clifford also sat for this hearing.
Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning
Administrator
Address: 292 Massachusetts Avenue, Map 13, Lot 338A
The petitioner submitted the following information with the application: nature and
justification of request, topographic plan, plot plan, elevations, floor plans, a copy of a
quick claim deed dated May 25, 1989 and letters of support from 6 abutters.
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 Planning Director and the Zoning
Administrator.
The Chairman opened the hearing at 7:50 pm by reading the legal notice and
described information received from the petitioner.
The applicant is requesting 6 Variances in accordance with section135-35, Table 2,
Schedule of Dimenensional Controls and section 135-36 to allow:
1) Lot area of 8,066 sq. ft. instead of the required 15,500 sq. ft.;
2) Frontage of 73.34 ft. instead of the required 125 ft.;
3) Front yard setback of 16.8 ft. instead of the required 30 ft.;
4) Rear yard setback of 9.1 ft. instead of the required 15 ft.;
5) Minimum width for area in which a circle has a diameter of less than 80% of the
minimum lot frontage;
6) Minimum lot width in which contiguous developable site area is less than 90%
of minimum lot area.
Attorney Edmund Grant presented the application for the applicant Bergland
Enterprises, Inc. Also present was the owner of the property, Macy Delong and the
architect for the project, Bert Hamel.
Mr. Bergland has entered into an purchase and sale agreement with Ms. Delong to
buy this property with a contingencey of being able to build this structure.
BOA Meeting October 25, 2012 8
A Board member asked what would happen to a second structure (shed) on the
property. It will be removed.
Another Board member asked how the owners will handle snow removal. The
applicant assumed it would be the same as any other household in town. The
architect said there will be room on either side of the driveway to store snow.
A Board member asked how was the attic accessed. Mr. Bergland told her there
would be pull-down stairs to the attic.
There were no questions from the audience.
No one spoke in favor or in opposition of the petition.
The hearing was closed at 8:03 pm.
There was a discussion by the Board as to whether they wanted to take one motion for
all 6 variances or to do each individually. The Board agreed to take it as one motion.
On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board
voted 5-0 to approve the following variances as submitted and advertised:
1) Lot area of 8,066 sq. ft. instead of the required 15,500 sq. ft.;
2) Frontage of 73.34 ft. instead of the required 125 ft.;
3) Front yard setback of 16.8 ft. instead of the required 30 ft.;
4) Rear yard setback of 9.1 ft. instead of the required 15 ft.;
5) Minimum width for area in which a circle has a diameter of less than 80% of the
minimum lot frontage;
6) Minimum lot width in which contiguous developable site area is less than 90%
of minimum lot area.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting October 25, 2012 9
Minutes of the Lexington Zoning Board of Appeals
Selectmen’s Meeting Room, Lexington Town Hall
October 25, 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
Other Business:
On a motion by Leo P. McSweeney and seconded by Martha C. Wood the Board
voted 5-0 to approve the minutes of September 27, 2012.
On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger , the meeting
was adjourned.
Submitted by: Dianne Cornaro, Administrative Clerk