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HomeMy WebLinkAbout2012-12-13-ZBA-Min Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 27 Eaton Road, Map 78, Lot 229 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan, elevations, floor plans, photographs, stop work letter from the Building Commissioner dated November 14, 2012 and an authorization letter from the property owner. Also received before the hearing was an e-mail from the former owners of the property, Arlene and Gerald McGrath and an e-mail in opposition to the petition from Peter and Ellen O’Neil of 28 Eaton 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 Zoning Administrator. The Chairman opened the hearing at 7:32 pm by reading the legal notice and described information received from the petitioner. VARIANCE The applicant is requesting a 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 7.4 ft instead of the required 10 ft. side yeard setback. Bruce D. Ringwall, President of GPR Civil and Structural Engineering presented the petition for the owners of the property Robert and Wendy Lonadier. Mr. Ringwall explained how an error was made in the original surveying of the property. His office had not seen a plan filed in 1926 that showed the corner lot to be 33 ft wide instead of the 30 ft they had thought. Board members asked about the stone wall and who’s property was in on; asked for clarification on an additional line on the plan that was also part of the stone wall. Kostas Daileanes of 88 Simonds Road spoke of a concern that they never had any notification of this project before he had received the card from the ZBA and that he had never met anyone from the Dreamline. Peter and Mary Murray of 31 Eaton Road, Kostas Daileanes of 88 Simonds Road, Arlene and Gerald McGrath, former owners of the property, spoke in opposition to the property. BOA Meeting December 13, 2012 2 Kristopher Megna of Dreamline Modular Homes spoke to say that this was an accident and that it was done with no mal-intent. He explained that the house is 95% complete and once they learned of the conflict and spoke with Mr. and Mrs. Murray and the Building Commissioner, Gary Rhodes they stopped working on the house. Former owner of the home, Arlene McGrath told the Board that she had told Mrs. Lonadier at the closing where the lot line was. Mr. Ringwall presented an affidavit of closing signed by the closing attorney, Robert M. Daniszewiski of Framingham stating he did not recall anything being said regarding the lot line and that there were no letters or papers indicating a conflict in the lot line. Wendy Lonadier, owner of the property told the audience that a mistake was made and they only want to have a nice house. She didn’t understand the personal attacks on them for something they are trying to work with the town to correct. No one spoke in favor of the petition. One of the Board members asked if the town had inspected the excavation. The Zoning Administrator, David George explained that they had inspected but the plot plan that was submitted with the building permit was the plot plan that was later determined to be in error. The Chairman closed the hearing at 8:25 pm. On a motion by William P. Kennedy and seconded by Jeanne K. Krieger, the Board VARIANCE voted 4-1 to approve a 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 7.4 ft instead of the required 10 ft. side yeard setback. Martha C. Wood voted against this petition. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 13, 2012 3 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address: 54 Tarbell Avenue, Map 7, Lot 52 Petitioner submitted the following information with the application: nature and justification of request, topographic plan, plot plan and elevations. 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, Building Commissioner, Conservation Administrator and the Zoning Administrator. The Chairman opened the hearing at 8:28 pm by reading the legal notice and described information received from the petitioner. The petitioner is requesting the following relief in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls: 1) Frontage of 90 ft. instead of required 125 ft.; 2) Allow lot area of 8262 ft. instead of the required 15,500 ft. 3) Allow a side yard setback of 8 ft. 9 inches instead of the required 15 ft. Attorney John Farrington representing the owners of the property, Charles Daly, Stephanie Buller and Jay Berglund asked the Board for permission to continue the hearing until January 24, 2013 because he had just received 18 letters of opposition from the neighbors and a letter from Attorney Thomas Fenn regarding an issue with a 1955 deed that he will need to review further. Attorney Farrington was aware that one of the Board members, William Kennedy, present at this hearing will not be available at the next hearing which would mean the applicant will have a 4 member board for this hearing. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted 5-0 to continue the hearing until Thursday, January 24, 2013 at 7:30 pm. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 13, 2012 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 48 School Street, Map 57, Lot 33 The petitioner submitted the following information with the application: nature and justification of request, a plot plan, a copy of the 1955 Special Permit decision and a sheet indicating surrounding home sizes. 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 the Zoning Administrator. The Chairman opened the hearing at 8:38 pm by reading the legal notice and described information received from the petitioner. MODIFICATION OF A SPECIAL PERMIT The applicant is requesting a granted in 1955 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) to allow a new dwelling with a side yard setback of 9 ft. 6 inches. Attorney John Farrington, presented the application for the owners of the property, Mable Allan and Bob Berlanger. The Chairwoman asked what the square footage of the house was and did he have a stamped plot plan and plans for the new house. Attorney Farrington presented the Board with copies of the plot plan and the plans for the house. A Board members were looking for the plans for the house to have been submitted with the application and questioned the location of the garage and how much higher the new house would be. Alan Smith of 44 School Street, Louis Krigovski of 50 School Street and Lars Fiedler of 54 Chase Avenue questioned the size of the new house; why they hadn’t heard anything about the proposed new house until they received the card notice for the ZBA meeting and what was the hardship that would justify this relief. The Chairwoman told the audience the petitioner was requesting a modification of a special permit and not a Variance which would require a hardship. BOA Meeting December 13, 2012 5 No one spoke in favor of the petition. The hearing was closed at 8:54 pm. On a motion by Leo P. McSweeney and seconded by Martha C. Wood, the Board MODIFICATION OF A SPECIAL PERMIT voted 5-0 to grant a granted in 1955 in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) to allow a new dwelling with a side yard setback of 9 ft. 6 inches. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 13, 2012 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 1726 Massachusetts Avenue, Map 48, Lot 33 The petitioner submitted the following information with the application: nature and justification of request, a plot plan, awning design and photographs. 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 the Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:55 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMITin accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-78D to allow for more or larger signs than are allowed under the Lexington ByLaw. Amar Hirani, Operating Manager of Orange Leaf presented the application requesting permission to have the company’s logo on each side of the awning. The applicant is also asking for a waiver from the plot plan requirement. The Historic Districts Commission had given their approval for this awning. The Board had no questions. There were no questions from the audience. No one spoke in opposition or in favor of this petition. The hearing was closed at 8:59 pm. On a motion by Jeanne K. Krieger and seconded by William P. Kennedy, the Board voted 5-0 to waive the plot plan requirement. BOA Meeting December 13, 2012 7 On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to a SPECIAL PERMITin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-78D to allow for more or larger signs than are allowed under the Lexington ByLaw. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting December 13, 2012 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address: 38 Adams Street, Map 63, Lot 106 The petitioner submitted the following information with the application: nature and justification of request, topographic map, plot plan, elevations, floor plans, photographs and a petition of support signed by 18 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 the Historic Districts Clerk and the Zoning Administrator. The Chairman opened the hearing at 8:59 pm by reading the legal notice and described information received from the petitioner. The applicant is requesting a SPECIAL PERMITin accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-9 F(1) to reside in an existing single family dwelling temporarily while a new single family dwelling is built. Howard Raley, Architect for the projected, presented the petition for the owners of the property, Ricardo and Jane Fulop. The Chairwoman commented that there usually is a condition that the original house will be demolished within 30 days of the certificate of use being issued. The applicant explained they will be taking down a barn and a shed to make room for the new house and would like to convert the existing house into a barn. The Chairwoman referred to David George, the Zoning Administrator, as to whether this can be done. One of the Board members stated that the Board has been burned before with this type situation. She would like to see house plans that would show how it will be converted. The Chairwoman asked if they had thought of taking the existing house down and putting up another barn. They thought that would be environmentally a waste. BOA Meeting December 13, 2012 9 A Board member asked if the abutters knew the house was staying. Yes they did. They had gone before the Conservation Commission and the abutters saw their plans at that time. The Chairwoman and the Board discussed whether they wanted to continue the hearing to see plans or if they wanted to vote on the petition. They discussed the possibility of conditions being added to make the use of the existing dwelling as storage only be clearer in the decision. The applicant would also like to keep a bathroom in the dwelling so that it can be used by customers for her blueberry business. The Architect, Mr. Raley, told the Board that under the Conservation Commission’s Order of Conditions they need to submit a staging plan for the existing dwelling which they expect shall be done in April or May. One of the Board members said she is not concerned with water (for bathroom) or storage for the building; she is concerned with someone sleeping there. The hearing was closed at 9:30. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMITin accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-9 F(1) to reside in an existing single family dwelling temporarily while a new single family dwelling is built with the following conditions: 1. The existing dwelling shall be decommissioned for residential use within 30 days of the certificate of occupancy being issued. 2. Only one dwelling shall be occupied at any one time. 3. Construction of the new single family dwelling shall be completed within 2 (two) years of the date of the building permit for new construction unless extended by the Board of Appeals. 4. A Construction Management Plan for the existing dwelling, in a form suitable to the Building Commissioner and Zoning Administrator, shall be submitted with the building permit application. BOA Meeting December 13, 2012 10 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room December 13, 2012 Board Members Present: Chairman – Carolyn C. Wilson, Jeanne K. Krieger, Leo P. McSweeney, Martha C. Wood and Associate Member William P. Kennedy Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Other Business: On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the minutes from November 8, 2012 were approved as written. Submitted by: Dianne Cornaro, Administrative Clerk