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.
VARIANCE
The applicant is requesting a 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
VARIANCE
5-0 to grant a 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, Administrative Clerk
BOA Meeting January 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 Vaille 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.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 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.
VARIANCES
The applicant is requesting the following 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 January 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 January 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.
VARIANCE
The applicant is requesting a 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 section135-29A 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
VARIANCE
voted 5-0 to approve a 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
SPECIAL PERMIT
voted 5-0 to grant a from section135-29A to allow vertical
modification of a nonconforming structure.
Submitted by: Dianne Cornaro, Administrative Clerk
BOA Meeting January 10, 2013 6
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.
2 SPECIAL PERMITS
The applicant is requesting 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 January 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
SPECIAL PERMIT
withdraw the petition for a 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 January 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.
APPEALLING A DECISION OF THE ZONING ADMINISTRATOR
The applicant is 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 January 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 January 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