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HomeMy WebLinkAbout2013-01-10-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 35 Spring Street, Map 25, Lot 162A Petitioner submitted the following information with the application nature and justification of request, topographic plan, mortgage plan, floor plans and a request for a waiver to 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 30 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 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 26 ft. instead of the required 30 ft. front yard setback. Shangzhe Xuyu, owner of the property, presented the petition A Board member asked where the second egress was There were questions from the audience No one spoke in favor or in opposition to the petition The Chairman closed the hearing at 7 36 pm On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to waive the certified plot plan requirement. On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 26 ft. instead of the required 30 ft. front yard setback. Submitted by: (Dianne Cornaro,Adinunstrative Clerk BOA Meeting Januar 10 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 10 Valle Avenue, Map 65, Lot 14 A letter was received from the applicant requesting to postpone the hearing until January 24, 2013 On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to allow the hearing to be postponed until January 24, 2013 Subimtted by: (Dianne Cornaro,Aclmnnstrative Clerk BOA Meeting Januar 10 2013 3 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Address 197 East Street, Map 62, Lot 10 The petitioner submitted the following information with the application nature and justification of request; a topographic plan, a 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, Engineering, the Conservation Administrator 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 The applicant is requesting the following VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow the following relief. 1 Side yard setback of 10 9 ft. instead of the required 15 ft. for the Addition 2 Front yard setback of 15 4 ft instead of the required 30 ft. for the shed 3 Side yard setback of 4 1 ft. instead of the required 15 ft. for the shed Fred Bermont, owner of the property, presented the petition explaining the need to move the shed due to Conservation restrictions A Board member asked the applicant to verify on the map where the shed would be located There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 48 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 135-35A, Table 2, Schedule of Dimensional Controls to allow a side yard setback of 10 9 ft. instead of the required 15 ft. for the addition, BOA Meeting Januar 10 2013 4 On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 4-1, with David G Williams voting in opposition, to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow Front yard setback of 15 4 ft instead of the required 30 ft. for the shed, and On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the Board voted 4-1, with David G Williams voting in opposition, to approve a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls to allow Side yard setback of 4 1 ft. instead of the required 15 ft. for the shed Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Januar 10 2013 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Address 15 Lockwood Road, Map 30, Lot 23 The petitioner submitted the following information with the application nature and justification of request, topographic plan, a plot plan, elevations, floor plans, photographs and seven letters of support from 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 Zoning Administrator The Chairman opened the hearing at 7 49 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 a side yard setback of 3 8 ft. instead of the required 10 ft. side yard setback and a SPECIAL PERMIT from section 135-29A to allow vertical modification of a nonconforming structure Wendy Russman-Halperin, owner of the property presented the petition A Board member asked what the center window went to (The hall way) There were no questions from the audience No one spoke in opposition or in favor of this petition The hearing was closed at 7 55 pm On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the Board voted 5-0 to approve a VARIANCE from section 135-29A (1) to allow a side yard setback of 3 8 ft. instead of the required 10 ft. side yard setback, and On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-29A to allow vertical modification of a nonconforming structure Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Januar 10 2013 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Address 389 Massachusetts Avenue, Map 21, Lot 12 The petitioner submitted the following information with the application nature and justification of request, site plan, photographs and sign plan drawings 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 56 pm by reading the legal notice and described information received from the petitioner The applicant is requesting 2 SPECIAL PERMITS in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) 135-78D and 135-75(D) to allow for a larger sign than is allowable under the Lexington ByLaw and to allow an internally illuminated sign Attorney John Farrington presented the petition for the owners of the property, EastLex, LLC d/b/a Lexington Toyota One of the Board members asked how the sign was smaller (10 ft square reduction overall) There were no audience questions No one spoke in favor or in opposition to the signage, The hearing was closed at 8 04 On a motion by Martha C Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant the special permit from section 135-78D to allow for a larger sign than is allowable under the Lexington ByLaw; and On a motion by Martha C Wood and seconded by Leo P McSweeney, the Board voted 5-0 to grant a special permit in accordance with section 135-75A to allow an internally illuminated sign Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Januar 10 2013 7 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Address 125 Worthen Road, Map 4, Lot 7B A letter was submitted from the applicant, John Pitner of Avalon Bay Communities to withdraw the petition for a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-78 (D) to allow for more or larger signs than are allowable under the Lexington ByLaw A member of the audience, Mary Hastings of 120 Worthen Road, thanked neighbors for their support. On a motion by Jeanne K. Krieger and seconded by Martha C Wood, the Board voted 5-0 to allow the application to be withdrawn without prejudice Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Januar 10 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Address 46 Spring Street, Map 25, Lot 99 The petitioner submitted the following information with the application nature and justification of request, site plan, photographs, letter from Mark Duffy to Zoning Administrator dated August 9, 2012, letter to Mark Duffy from David George, Zoning Administrator, dated September 18, 2012, letter from Cary Pfeffer and Ruth Cherneff of 1 Munroe Road dated December 26, 2012, petition signed by 9 abutters in support of the tree house at 1 Munroe Road and a letter from Attorney Edmund Grant on behalf of Cary Pfeffer and Ruth Cherneff of 1 Munroe 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 Building Commissioner, Planning Director 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 APPEALLING A DECISION OF THE ZONING ADMINISTRATOR in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-10 (A) not to take zoning enforcement action in the matter of a tree house at 1 Munroe Road The applicant, Mark Duffy of 46 Spring Street, presented the petition A Board member asked if electricity was going to be put into tree house (No) One of the Board members told the applicant that he had lived at 2 Munroe Road at one time and had built a tree house for their children and when they moved to Massachusetts Avenue they had another tree house built. The applicant responded that he had nothing against tree houses, he just wanted it moved away from his property line There were no audience questions Ruth Cherneff of 1 Munroe Road spoke to the Board to let them know they are not building a shed for the tree house BOA Meeting Januar 10 2013 9 Keith Lehman of 4 Hudson Road had consulted with the owner of 1 Munroe as to which tree would be the best place to build on Harriet and Leonard Krafts of 5 Munroe Road both spoke in favor of the tree house No one spoke on the petitioners behalf to take action on this tree house The hearing was closed at 8 25 On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to uphold the decision of the Zoning Administrator This appeal was denied Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Januar 10 2013 10 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room January 10 2013 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 Other Business On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the minutes from December 13, 2012 were approved as written Submitted by: Dianne Cornaro,Administrative Clerk