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