Loading...
HomeMy WebLinkAbout2013-02-14-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Petition Address: 19 South Ridge Avenue, Map 20, Lot 201 The petitioner submitted the following information with the application: nature and justification of request; a topographic plan; a plot plan; floor plans, photographs and letters of support from Walter Scott of 16 South Rindge Avenue, Bill O’Connor of 17 South Rindge Avenue and Eric Shapiro of 1 Rindge Avenue. 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing 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 135-35A, Table 2, Schedule of Dimensional Controls to allow a front yard setback of 28.5 ft. instead of the required 30 ft. front yard setback. Thomas Fernandes presented the petition for the owners of the property, Steve and Lisa Mattingly. Mr. Fernandes explained to the Board how the architect had developed several versions of the plan. Unfortunately, the final plan had never been verfied by the architect and the serveyor to ensure zoning compliance with the front yard setback. The mistake was not noticed until Mr. Fernandes had built the porch. There were no questions from the Board. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was duly closed. On a motion by Leo P. McSweeney and seconded by Jeannie K. Krieger, the Board VARIANCE voted 5-0 to approve the 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 front yard setback of 28.5 ft. instead of the required 30 ft. front yard setback. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 14, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Petition Address: 17 Colony Road, Map 63, Lot 19A and 19B The petitioner submitted the following information with the application: nature and justification of request; a plot plan; subdivision plan, 1931 plan, lots with frontage and letters of support from David Eastridge of 12 Vaille Avenue and Meredith and John Applegate of 42 Reed 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Building Commissioner, the Planning Director and Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner. 2 VARIANCES The applicant is requesting 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: 1. Frontage of 75 ft instead of the required 125 ft. for lot 1-A; 2. Frontage of 104.3 ft instead of the required 125 ft. for lot 1-B. At the hearing a letter of opposition was received from Marion Marsetta and a petition in support of the application was received, signed by 7 abutters. Attorney Patricia Nelson presented the petition for the owners, James G. Anderson and Shrinine Boulos. Attorney Nelson explained how the lots were created on a plan dated 1931 and were in compliance with the dimensional requirements of zoning in effect in 1931. The applicant also knows because Colony Road is not an accepted street, The Planning Board will be required to make a determination of adequancy and grade of the road and the road will need to be brought to a town standard over half the road at the applicant’s expense. David George, the Zoning Administrator spoke as a point of clarification, the staff’s notes are not meant as an endorsement of the petition one way or another. A Board member asked if the lots taxed separately. Yes BOA Meeting February 14, 2013 3 Another Board member asked for clarification that the 2 lots are legal and buildable lots except for the frontage. (yes) Also asked what kind of improvements would be made to the road. Still need to meet with the Planning Board to make that determination. David Levine of 27 York Street wanted to clear up what he thinks is a misunderstanding, the current size of the lot is 11,087 sq. ft. This was a legal lot when it was created. No one spoke in favor of the petition. David Levine of 27 York Street, Meredith and Bruce Ripley of 21 Colony Road, Robin Simpson of 156 Grant Street, Marion Marsetta of 29 Colony Road spoke in opposition to the petition. Major concerns were with the safety and density of street and ruining the character of the neighborhood by putting in another house. In rebuttal Attorney Nelson told the audience that the house has not been sold at this time and spoke of the traffic that cuts through to the Fiske School and said the abutters will have the opportunity to speak with the Planning Board regarding the improvements to the Road. The hearing was duly closed. On a motion from Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board VARIANCE voted 5-0 to approve a 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 Frontage of 75 ft instead of the required 125 ft. for lot 1-A; On a motion from Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board VARIANCE voted 5-0 to approve a 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 Frontage of 104.3 ft instead of the required 125 ft. for lot 1-B. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 14, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Address: 28 Outlook Drive, Map 33, Lot 130 The petitioner submitted the following information with the application: nature and justification of request; topographic plan; plot plan 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; Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator and Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner. SPECIAL PERMIT The applicant is requesting a in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-32C to allow reconstruction of a non-conforming driveway. Wendy Riseborough, owner of the property, presented the petition. A Board member asked what are you looking to happen? They would like to maintain the nonconforming driveway on property and repave it. Other Board members asked when the house is rebuilt is the house going to be narrower and longer? Yes A Board member asked why the driveway is so long. The Zoning Administrator, David George, asked if there was going to be a curb added at the property line to the adjacent driveway. Not at this time. He also asked how the storm water runoff would be managed with the reconstructed driveway. It is her understanding that they will be having an engineer come out to make the storm water management plan when they are putting the building plans together. There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was duly closed. BOA Meeting February 14, 2013 5 On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board SPECIAL PERMIT voted 5-0 to grant a from section 135-32C to allow reconstruction after destruction of a non conforming driveway with the condition that before reconstruction begins an accepted storm water plan is submitted to the Building Department before a building permit is issued. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 14, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Address: 60 Bedford Street, Map 57, Lot 79 The petitioner submitted the following information with the application: nature and justification of request, elevations, photographs and sign 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, the Historic Districts Commission Clerk and the Design Advisory Committee. Comments were received the Design Advisory Committee. The Chairman opened the hearing 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) section 135-78D and 135-75A to allow for two illuminated signs and more or largers signs (banners) than are allowed under the Lexington ByLaws. Jason Parillo of Back Bay Sign presented the petition for the petitioner, Adam Maciak of Carewell Urgent Care. Mr. Parillo explained the signs they are proposing. They had gone before the Design Advisory Committee and had changed their designs to the DAC’s suggestions. The temporary banners are to be up only until the permanent signs are ready. A Board member asked what the business did. The petitioner explained it is a walk-in clinic. As of now they are not currently associated with any hospital and cannot comment on any negotiations with hospital. They are not associated with Walgreens at this time. One of the Board members asked about a sandwich board in one of the pictures which was mistaken for the clinic. The sandwich board was for Walgreens. A Board member said she was more comfortable with a date certain as to when the the banner signs would come down. A discussion followed as to when the clinic would be opening. BOA Meeting February 14, 2013 7 When asked the hours of operation the applicant told the Board it will be open Monday though Friday 8:00 am until 8:00 pm, Saturday 9:00 am until 5:00 pm and Sunday 10:00 am until 4:00 pm. They are open everyday except Christmas. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition to this petition. The Zoning Administrator, David George recommended a motion to accept the revised sign plans dated February 14, 2013 which will replace the plans submitted with the original application. The hearing was duly closed. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 2 SPECIAL PERMITS 5-0 to grant in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-78D to allow for more or largers signs than are allowed under the Lexington ByLaws with the following conditions: 1. Temporary Banners shall be hung in the same location as the permanent signs and shall be hung no later than May 1, 2013. 2. The temporary banner signs shall be removed once the perment signs are installed. 3. Signs will be Illumination during regualar business hours only. 4. The signs shall be as per the revised sign plans dated February 14, 2013 On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney the Board voted 5-0 to grant a special permit from section 135-78D to allow 2 internally illuminated signs. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 14, 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Address: 1707 Massachusetts Avenue, Map 48, Lot 102 The petitioner submitted the following information with the application: nature and justification of request, Plot plan 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, the Historic Districts Commission Clerk and Economic Development. Comments were received the Historic Districts Commission and the Zoning Administrator. The Chairman opened the hearing by reading the legal notice and described information received from the petitioner. The applicant is requesting the following relief: 1) VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-64A to allow 0 parking spaces rather than the required 1.6 spaces; 2) SPECIAL PERMIT from section 135-77A (3) to allow for a tempoary standing sign; 3) SPECIAL PERMIT from section 135-16,Table 1, Part B, Line B-12 to allow for outside seating. The applicant is also requesting a waiver to the plot plan requirement. Attorney Thomas Fenn presented the petition for the owner of the business, Fruitee Yogurt. Also attending the hearing was the President of Fruitee Yogurt, Feng (Frank) Chen. The applicant is requesting permission for 8 outside sidewalk seating; allow 0 parking spaces rather than than the required 1.2 spaces and to allow for a temporary sign. Attorney Fenn also commented that after he had applied for the variance and the 2 special permits Mr. George had reminded him that the applicant also needs to renew his special permit. He asked the Board if they could consider approving that so that he does not need to go through another application process. BOA Meeting February 14, 2013 9 Attorney Fenn has spoken with the Selectmen regarding the use of the sidewalk. The seating would be on the landlord’s property. They have gone before the Historic District Commission and received approval for the outside seating. A Board member asked how does the town and the landlord share in ownership in walkway. The sidewalk is about 90 inches, the town owns 52 inches, the landlord owns the remainer of the sidewalk. The sandwich Board and the tables would be set up on the landlord’s property. A Board member commented on unsightly issues with the dumpster and asked if it could be emptied more ofter. Mr. Chen, owner of Fruity Yogurt, said he has spoken with the landlord regarding the problem with the dumpster which has been addressed and should have no more unsightly issues. Another Board member asked where the sandwich board sign would be placed and if the sign would be brought in at the end of the business day. The Zoning Administrator, David George, clarified the following: The sandwich board sign has not been before the HDC as of yet and should not be put out until it has gone before them; The approved HDC certificate of appropriateness for the outside sitting requires the tables and chairs be brought in each night; the SPS is needed for the outside seating; The Special Permit renewal is not before the Board at this time; the Board cannot act on the renewal of the Special Permit that was not advertised. A separate application needs to be submitted and the hearing legally needs to be advertised. A Board member had commented that they had seats outside last year. The Board had a discussion as to whether they should vote on the sandwich board sign with conditions or should they wait until the HDC has approved the sign. There were no questions from the audience. No one spoke in favor of the petition. No one spoke in opposition to this petition. The hearing was duly closed. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to waive the certified plot plan requirement. On a motion by Leo P. McSweeney 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 135-64A to allow 0 parking spaces rather than the required 1.6 spaces; BOA Meeting February 14, 2013 10 On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-77A (3) to allow for a tempoary standing sign with the condition that the sign shall not be used until the applicant revieves approval by the Historic District Commission and shall be brought in each evening; On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT from section 135-16,Table 1, Part B, Line B- 12 to allow for 8 outside seating with the condition that the table and chairs will be brought in each evening unless they receive the approval of the HDC to leave the table and chairs out each evening. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting February 14, 2013 11 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room February 14, 2013 Board Members Present: Chairman – Carolyn C. Wilson; Jeanne K. Krieger; Leo P. McSweeney; David G. Williams and Martha C. Wood. Staff Present: David George, Zoning Administrator Other Business: 1. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the Board voted to approve the minutes of January 10, 2013 as written. 2. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted to approve the minutes of January 28, 2013 as written. 3. The Board continued discussion of the Board Lexington By Law changes that will be brought before Town Meeting. David George asked the Board to make a determination that the Board is comfortable with the taking information in the By-law appendix C and adding it to the Board’s rules and regulations. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted 5-0 to endorse moving the rules and regulations from the By Law to the Boards rules and regulations. The Board had a discussion of additional changes to be made to the bylaws. On a motion by David G. Williams and seconded by Jeanne K. Krieger, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk