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HomeMy WebLinkAbout2013-03-14-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 2013 Board Members Present: Chairman – 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 The Chairman opened the Board of Appeals meeting at 7:00 pm and asked for a motion from the Board to go into executive session to discuss strategy related to pending litigation with respect to the matter of Niinenen, et.al. vs the Town of Lexington. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the Board voted by a roll call vote 5-0 to go into executive session with Town Council, Melissa Allison. On a motion by Jeanne K. Krieger and seconded by Martha C. Wood, the board voted by a roll call vote to end the executive session and reconvene into open session. BOA Meeting March 14, 2013 2 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 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: 35 Reed Street, Map 65, Lot 171B The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, 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 7:45 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 135-35A, Table 2, Schedule of Dimensional Contols to allow a minimum lot frontage of 105.79 ft. instead of the 125 ft. lot frontage required. Attorney John Farrington presented the petition for the owner of the property, Can C. Ozbal. At the hearing the Attorney Farrington explained the history of the property and the divided lots. A Board member asked if the project will interfere with the sewer easement on the property. (The applicant responded that it will not interfere and they are aware of the location of the easement.) Another Board member asked what the square footage of the house would be. (5100 square feet with the third floor.) There were no questions from the audience. No one spoke in favor or in opposition to the petition. The hearing was closed at 7:54 pm. BOA Meeting March 14, 2013 3 On a motion by Leo P. McSweeney and seconded by Martha C. Wood, 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 Contols to allow a minimum lot frontage of 105.79 ft. instead of the 125 ft. lot frontage required. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 14, 2013 4 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 2013 Board Members Present: Chairman – 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: 39 Middleby Road, Map 42, Lot 18A The petitioner submitted the following information with the application: nature and justification of request; a topographic plan, a plot plan; floor plans 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Conservation Administrator, the Health Director and 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 a VARIANCE in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-32C(1) to allow replacement of gross floor area of SPECIAL PERMIT 1,950 sq. ft. to gross floor area of 5,885 sq. ft. and a from section 135-32C to allow reconstruction after destruction of a non conforming structure. Attorney John Farrington presented the petition for the Trustee of the property, Brian Arena representing Waltham Street Realty Trust. At the hearing the Attorney Farrington explained the history of the property and the town taking part of the land on Middleby Road. Attorney Farrington informed the board that there are wetlands on the property and the applicant has gone before the Conservation Commisison and all Conservation issues have been addressed. A Board member asked if the square footage was all 3 levels. (It is based on the basement, first and second floors.) The Chairman told the audience that the Board visits each property on the agenda before the hearings. A Board member asked the applicant to clarify that if the land had not been taken they would have met all the zoning requirements. BOA Meeting March 14, 2013 5 There was a discussion on the size of the proposed home and home sizes in the area. There were no questions from the audience. Amy McGarahan of 40 Middleby Road strongly objected to the petition. No one spoke in favor of the petition. The hearing was closed at 8:08 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 135-32C(1) to allow replacement of gross floor area of 1,950 sq. ft. to gross floor area of 5,885 sq. ft. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the Board voted 5-0 to grant SPECIAL PERMIT a from section 135-32C to allow reconstruction after destruction of a non conforming structure. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 14, 2013 6 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 2013 Board Members Present: Chairman – 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: 150 Maple Street, Map 46, Lot 92 The petitioner submitted the following information with the application: nature and justification of request; a plot plan; floor plans 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, Economic Development and the Historic Districts Commission Clerk. Comments were received from the Zoning Administrator. The Chairman opened the hearing at 8:10 PM 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 VARIANCE after destruction of a nonconforming structure and a from section 135- 32C (C1) to allow an increase in gross floor area from 972 sq. ft. to 3200 sq. ft. Attorney Thomas Fenn presented the petition for the Trustee of the property, Paul D. Snyder. Attorney Fenn gave a history of the nonconforming lots and the town taking part of the land for the Harrington School driveway. A Board member asked if any of the the square footage was in the basement. (It is based on the ffirst and second floors.) Attorney Fenn submitted a picture of what the proposed house will look like. One of the Board members wanted to know why trees had been taken down by the Contractor before he owned the house. Mr. Snyder asnwered that the trees were taken down because they were dangerous and overgrown. No one spoke in favor or in opposition to the petition. The hearing was closed at 8:20 pm. BOA Meeting March 14, 2013 7 On a motion by David G. Williams and seconded by Leo P. McSweeney, the Board voted 5-0 to grant a SPECIAL PERMIT in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-32C to allow reconstruction after destruction of a nonconforming structure; and Leo P. McSweeney On a motion by and seconded by Jeanne K. Krieger, the Board voted 5- VARIANCE 0 to approve a from section 135-32C (C1) to allow an increase in gross floor area from 972 sq. ft. to 3200 sq. ft.. Submitted by: Dianne Cornaro, Administrative Clerk BOA Meeting March 14, 2013 8 Minutes of the Lexington Zoning Board of Appeals Selectmen’s Meeting Room March 14, 2013 Board Members Present: Chairman – 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: 1. On a motion by Martha C. Wood and seconded by Jeanne K. Krieger, the board voted 5-0 to accept the scrivener’s error from finding number 7 of the December 13, 2012 decision for 48 School Street. Instead of stating “the proposed structure would meet the current dimensional requirements for frontage”, it shall say “the proposed structure would be setback at least 30 feet from the front line and 25 feet from the easement line, as shown on the survey originally submitted with the application. 2. Due to a posting error of the agenda the Board ratified the actions taken by the Board at the February 28, 2013 for the following: a. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to ratify the actions taken by the Board on February 28, 2013 to approve a special permit from section 135-29A in accordance with 135-11 to 7 Tarbell Avenue allow vertival modification of a nonconforming structure at . b. On a motion by Leo P. McSweeney and seconded by David G. Williams, the Board voted 5-0 to ratify the actions taken by the Board on February 28, 2013 to Deny 2 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 sf instead of the required 30,000 sf for a vacant lot in an RO District Map 61, Lot 52 Lowell Street at . c. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to ratify the actions taken by the Board on February 28, 2013 11 Welch Road to allow to be withdrawn without prejudice for a 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 distruction of a nonconforming structure. d. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 5-0 to ratify the actions taken by the Board on February 28, 2013 to Approval of 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 46 Bedford Street store with no consumption of beverages on the premises at . BOA Meeting March 14, 2013 9 3. No discussion was needed for the proposed Zoning Bylaw changes. 4. On a motion by Leo P. McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve the minutes of February 14, 2013. 5. On a motion by Jeanne K. Krieger and seconded by Leo P. McSweeney, the Board voted 3-0 to accept the minutes of February 28, 2013. On a motion by Martha C. Wood and seconded by Leo P. McSweeney, the meeting was adjourned. Submitted by: Dianne Cornaro, Administrative Clerk