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HomeMy WebLinkAbout2013-05-23-ZBA Minutes Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 23 2013 Board Members Present: Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A Michelson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 31 Vinebrook Road, Map 48, Lot 60 and 61 The petitioner submitted the following information with the application nature and justification of request; topographic plan, plot plan photographs, greenhouse plans, deed filed August 18, 2011, letter of support from Christine and Kirk Minihane of 4 Sherburne Road and suncalc (sun calculations) 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 Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 31 pm by reading the legal notice and described information received from the petitioner The applicant is requesting 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls 1) To allow a side yard setback of 11 08 ft. instead of the required 20 ft. 2) To allow a rear yard setback of 7 42 instead of the required 15 ft. Steven Martin, owner of the property, presented the petition by describing the proposed greenhouse Board members asked if the greenhouse would look exactly like the picture in the application packet when it is up, (Yes) and if it was on a slab (No, trench around perimeter) There were no questions from the audience No one spoke in favor or in opposition to the petition The hearing was closed at 7 36 pm On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to approve the 2 VARIANCES in accordance with the Zoning By-Law (Chapter 135 of the Code of Lexington) section 135-35A, Table 2, Schedule of Dimensional Controls 1) To allow a side yard setback of 11 08 ft. instead of the required 20 ft. 2) To allow a rear yard setback of 7 42 instead of the required 15 ft. Submitted by. Dianne Cornaro, Administrative Clerk B()A Meeting Man 23 21 i 1 2 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 23 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A. Michelson Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 110 Simonds Road, Map 77, Lot 121A The petitioner submitted the following information with the application nature and justification of request, topographic plan, plot plan, floor plans, a petition signed by 12 abutters and a ZBA decision dated September 13, 1955 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 Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 7 36 pm by reading the legal notice and described information received from the petitioner The applicant is requesting 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 4 5 ft instead of the required 15 ft to construct a 2-story 24 ft by 24 ft garage and living area addition to the existing house Laura and Hans Claesson, owners of the property, presented the petition A Board member questioned the square footage of the existing home William Sciaretta of 16 Grove Street had a concern with the integrity of the hill and drainage issues, he would like to see a drainage plan in place Julie Velixon of 120 Simonds Road wanted to confirm that what is on the plan is what is being done Connie Thompson of 30 Grove Street also had a concern with the drainage issues and the closeness of the house to the lot line The owner of the property, Laura Claesson, addressed the abutters concerns A Board member asked the applicant if they could look into how they can control more of the run-off B()A Meeting Man 23 2()1; There was a discussion regarding the drainage and adding a drywell between the applicant, the Board and the Zoning Administrator William Sciaretta of 16 Grove Street and Connie Thompson of 30 Grove Street spoke again regarding the change in the topography of the lot and the trees that have been removed Two of the Board members would like to hear more about ways to handle the run off Ms Claesson addressed the tree concern by telling the Board and the audience they are creating a patio area and a fruit tree orchard They are not terracing the area and just flattening the area Paul Linton of 22 Grove Street wanted to reaffirm that the neighbors don't want to have to deal with more water The Board understands the neighbors concerns and questioned whether a drywell was needed and would like to see a drainage analysis done to evaluate the run off No one spoke in favor The Board and the applicant agreed that the hearing would be continued so that further evaluations could be done On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to continue the hearing until June 13, 2013 at 7 30 pm Su6mittcd 6y: Dia line Cornaro,.,4dministratir'c Clerk, B()A Meeting Man 23 21 i 13 4 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 23 2013 Board Members Present: Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A Michelson Staff Present: Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator Address 25 Hayward Avenue, Map 48, Lot 19 The petitioner submitted the following information with the application nature and justification of request; a topographic plan, floor plans, letters of support from 2 abutters and a drainage analysis 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, the Conservation Administrator and the Zoning Administrator The Chairman opened the hearing at 8 15 pm by reading the legal notice and described information received from the petitioner The applicant is requesting variance from section 135-5 1 11 to allow a 0 ft. side yard setback for a drive way instead of the required 5 ft and a special permit from section 135-8 4.2 to allow an increase in a nonconforming nature of a residentail structure Barney Maier, architect for the proposed project, presented the petition for the owners of the property, Timothy and Shannon Kreytak. A Board member asked what was the present square footage of the property and if the house would have gutters There were no audience questions No one spoke in favor or in opposition to the petition The hearing was closed at 8.26 pm On a motion by Jeanne K. Krieger and seconded by Richard A. Michelson, the Board voted 5- 0 to approve a variance from section 135-5 1 11 to allow a 0 ft. side yard setback for a drive way instead of the required 5 ft and aprroved a special permit from section 135-8 4.2 to allow an increase in a nonconforming nature of a residentail structure with the condition the applicant shall install an infiltration system Submitted-by: (Dianne('ornaro, -lthnm,stratn'e Clerk, B()A Meeting Man 23 2()1; 5 Minutes of the Lexington Zoning Board of Appeals Selectmen's Meeting Room Mav 23 2013 Board Members Present Chairman — Carolyn C Wilson, Jeanne K. Krieger, Leo P McSweeney, Martha C Wood and Associate Member Richard A. Michelson Staff Present Dianne Cornaro, Administrative Clerk and David George, Zoning Administrator OTHER BUSINESS 1 Attorney R Paul Faxon, representing Youville Place, Inc of 10 Pelham Road requested the Board to make a determination that changes being made to a Special Permit with Site Plan Review be considered minor modifications To provide adequate units for specialized dementia care, they seek to make certain changes to the previously approved plans, including the following 1) Expand from 92 unit to 94 units 2) Convert existing space, including certain office space into 23 units to accommodate the needs of specialized dementia care with 71 units remaining for traditional assisted living 3) Enclose the interior courtyard to create a secure environment for the memory impaired residents 4) Minor ancillary internal improvements such as enclosure of stairways On a motion by Leo P McSweeney and seconded by Jeanne K. Krieger, the Board voted 5-0 to consider the changes to be minor modifications to the Special Permit with Site Plan Review 2 On a motion Jeanne K. Krieger and seconded by Leo P McSweeney, the board voted 4-0 to accept the minutes of May 9, 2013 3 On a motion by Jeanne K. Krieger and seconded by Leo P McSweeney, the meeting was adjourned Su6mittcd 6y: Dianne Cornaro,.,4dministratir'c Clerk,