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HomeMy WebLinkAbout2013-02-28-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 28 2013 Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger; Leo P McSweeney and Associate Members Nancy M Adler and Ralph D Clifford Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address 7 Tarbell Avenue, Map 13, Lot 151 The petitioner submitted the following information with the application nature and justification of request; a plot plan, floor plans, elevations 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 Zoning Administrator The Chairman opened the hearing at 7 33 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a special permit from section 135-29A in accordance with 135-11 to allow vertical modification of a non conforming structure Architect Peter Daus-Haberle presented the petition for the owners of the property, Caryn and Timothy Eagan At the hearing the Architect described the project to the Board and presented pictures of homes in the area with similar set backs 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 closed at 7 39 pm On a motion by Leo P McSweeney and seconded by Jeannie K. Krieger, the Board voted 5-0 to grant the special permit from section 135-29A in accordance with 135-11 to allow vertical modification of a non conforming structure Submitted by: (Dianne Cornaro,Adinunstrative Clerk BOA Meeting Febniarti 28,2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 28 2013 Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger; Leo P McSweeney and Associate Members Nancy M Adler and Ralph D Clifford Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Petition Address Map 61, Lot 52, Lowell Street The petitioner submitted the following information with the application nature and justification of request; 1934 Deed, 1935, Deed, Assessor's Map, 1947 Deed, 1965 Deed, 1968 Deed, 1980 Deed, 2009 Deed for lot 52, 2009 deed for lot 53 and a Statement from Douglas Witthus dated February 4, 2013 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 Conservation Administrator, 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 The applicant is requesting two VARIANCES 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 frontage of 88 ft. instead of the required 150 ft. and to allow a lot size of 14,421 sq ft. instead of the required 30,000 sq ft. for a vacant lot in an RO District Attorney Edmund Grant presented the petition for Robert E Phelan a contractor who has signed a purchase and sale agreement with the representatives for the estate of Frederick A. Witthus With Mr Phelan were Doug Witthus and Marsha Kelly, representatives for the estate Attorney Grant explained the history of lots 52 and 53 since 1922 The two lots have been taxed separately and have also paid separate sewer betterments A board member asked the Zoning Administrator to explain what restrictions would there be if a home is built on lot 52 (12 ft side setbacks and 15 ft rear set backs, 30 ft from front year setbacks) The Board member also asked if the intent would be keep lot 53 as a single lot. (Yes) A board member asked for clarification as to how the lots were being combined BOA Meeting Febniarti 28,2013 3 One of the Board members did not understand what the legal hardship would be Another Board member asked about the 2 separate tax bills and how the assessment varied Erick Amundsen of 503 Lowell Street commented on the lots not meeting the requirements for what they are proposing Erick Amundsen of 503 Lowell Street, Laura Cecere of 505 Lowell Street and Breindha Muniappan of 503 Lowell Street spoke in opposition to the petition No one spoke in favor of the petition The Board had a discussion of the mergers that took place, cluster development and grandfathering lots The applicant Bob Phelan told the board there are wetlands to the rear of the property, they may need to go before conservation and that he had looked into cluster development but that mathematically but the numbers were too tight to make it work. The hearing was closed at 8 25 pm Members of the Board discussed their reluctance to approving the petition On a motion from Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to waive the plot plan requirement. On a motion from Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 2 in favor and 3 opposed to approve two VARIANCES 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 frontage of 88 ft. instead of the required 150 ft. and to allow a lot size of 14,421 sq ft. instead of the required 30,000 sq ft. for a vacant lot in an RO District. The petition was denied with Martha C Wood, Nancy M Adler and Ralph D Clifford voting to oppose the two variances Submitted by: (Dianne Cornaro,Aclmnnstrative Clerk BOA Meeting Febniarti 28,2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 28 2013 Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger; Leo P McSweeney and Associate Members Nancy M Adler and Ralph D Clifford Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 11 Welch Road, Map 50, Lot 104 The petitioner submitted the following information with the application nature and justification of request; topographic plan and plot plan 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 at 8 27 pm by reading the legal notice and described information received from the petitioner The applicant is requesting the following zoning relief. 1) VARIANCE from section 135-32C (1) to allow gross floor area of 4,350 sq ft. instead of the existing 1,298 sq ft. and a special permit from section 135-32 C to allow reconstruction after destruction of a nonconforming structure Attorney John Farrington presented the petition for the new owner of the proerty Nick Deluca The applicant proposes to demolish the existing non conforming structure and construct a new structure on the lot. A Board member asked to clarify exhibit 1 and questioned that the proposal is going from a non conforming structure to a more non conforming structure One of the Board members said that he was confused with the basic layout. The applicant explained the setbacks There was a comment from a Board member regarding the shed that is located within the setback and should be removed The applicant will remove it Jim Lamarka of 9 Welch Road questioned the setback requirements and spoke in opposition to the petition BOA Meeting Febniarti 28,2013 5 Frank Silipigni of 23 Stimpson Avenue questioned the height requirements and spoke in opposition to the petition Janis Silipgni of 23 Stimpson Avenue also spoke in opposition No one spoke in favor of the petition Three of the Board members spoke of how they were not comfortable with the petitioner increasing 3 areas They could not justify a hardship for the proposal The petitioner made reference to the homes sizes on Grandview and the Board followed with a discussion of the home sizes Grace Longley of 35 Grandview Avenue spoke regarding the sizes of the homes on Grandview She told the Board that all three of them are less than 3,000 sq ft and none of them are finished in the attic or the basement. Alice Silver of 19 Welch Road also spoke on the home sizes After a lengthy discussion with the Board the applicant requested that he be allowed to withdraw the petition with out prejudice On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to allow the petition to be withdrawn without prejudice Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Febniarti 28,2013 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 28 2013 Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger; Leo P McSweeney and Associate Members Nancy M Adler and Ralph D Clifford Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 46 Bedford Street, Map 57, Lot 14A The petitioner submitted the nature and justification of the request. 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 Health Director, Selectmen's Office, the Historic Districts Commission and the Zoning Administrator The Chairman opened the hearing at 9 11 pm by reading the legal notice and described information received from the petitioner The applicant is requesting a SPECIAL PERMIT in accordance with the Zoning By- Law (Chapter 135 of the Code of Lexington) section 135-16, Table 1 — Permitted Uses and Development Standards Part B, Line 8 14 to allow use as a package liquor store with no consumption of beverages on the premises Attorney John Farrington presented the petition for the petitioner, Igor Ostnovsky, owner of the business, Apex Wine and Spirits Attorney Farrington asked for a waiver to the certified plot plan requirement and stated they will need to come back to the Board for signage A Board member concerned with the parking asked for clarification of the parking requirements for the building Mr Ostnovsky spoke of the peak hours for the store being 5 00 pm until 7 30 pm and felt the parking would not be an issue since that was not busy times for other businesses in the building The hours of operation will be 12 00 pm to 9 00 pm Monday through Saturday and 12 00 pm until 6 00 pm on Sunday One of the Board members was surprised that Stop and Shop was not present at the hearing with concerns regarding the liquer store's parking There were no audience questions BOA Meeting Febniarti 28,2013 7 No one spoke in favor or in opposition to the petition The hearing was closed at 9 26 pm On a motion by Nancy M Adler and seconded by Ralph D Clifford, the Board voted 5- 0 to waive the certified plot plan requirement. On a motion by Ralph D Clifford and seconded by Nancy M Adler, the Board voted 5- 0 to grant the SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-16, Table 1 — Permitted Uses and Development Standards Part B, Line 814 to allow use as a package liquor store with no consumption of beverages on the premises Submitted by: Dianne Cornaro,Administrative Clerk BOA Meeting Febniarti 28,2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room February 28 2013 Board Members Present. Chairman — Martha C Wood, Jeanne K. Krieger; Leo P McSweeney and Associate Members Nancy M Adler and Ralph D Clifford Staff Present. Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator No other business On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the hearing was adjourned